Board of Commissioners Meetings

169 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 13, 2022, at 3:00 p.m., prevailing time, in the third floor Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting allowed under KRS 61.826. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Ms. Holli Blanford, Public Information Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Mr. Sean McKinney, Police Chief Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Josh Dixon, Fire Captain Mr. Chad Moore, Assistant Fire Chief Mrs. Dawn Winn, Assistant Finance Director Mr. Dylan Ward, Project Manager Mr. Sam Lingerfelt, Safety Coordinator Mr. Bill Raleigh, IT Support Specialist Mr. David Wright, IT Network Administrator II Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Mac Neel, Alexander Thompson Arnold PLLC Mrs. Abby Dixon, Henderson Tourist Commission Executive Director Henderson Tourist Commission Riverboat Tour Guides Ms. Dana Harvey, Henderson Tourist Commission Mr. Brad Schneider, Henderson County Judge Executive Mr. Mark Franklin, Partner, Dinsmore & Shohl LLP Mr. Matt Glick and Son Mr. Jamie Phelps and Son Ms. Missy Vanderpool, Henderson Economic Development Executive Director Ms. Whitney Risley, Henderson Economic Development Mr. Brian Bishop, Henderson City/County Planning Commission Executive Director Mrs. Pam Austin Mr. Dwight Williams Senator Robby Mills Mr. Marty Wilson, Police Officer ________________________ PRESENTATION: “Kentucky General Assembly Proclamation” SENATOR MILLS presented MAYOR AUSTIN with a Kentucky General Assembly Proclamation recognizing and honoring this auspicious occasion of his retirement as a respected Mayor of the city of Henderson, Kentucky following twelve years of meritorious service on behalf of his community and fellow Kentuckians. ________________________ 170 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 PRESENTATION: “Tiller of the Red Banks Awards” HENDERSON COUNTY JUDGE EXECUTIVE SCHNEIDER presented MAYOR AUSTIN and COMMUNITY RELATIONS MANAGER/PUBLIC INFORMATION OFFICER DONNA STINNETT with “Tiller of the Red Banks” certificates. The Tiller of the Red Banks is awarded to those individuals that have dedicated their lives to bettering their community evoking determination, courage and vision similar to those pioneering flight boat captains that helped settle the land they called Red Banks and that we now know as Henderson County. ________________________ PRESENTATION: “City of Henderson Report on Audited Financial Statements for Fiscal Year Ended June 30, 2022” MAC NEEL, Alexander Thompson Arnold PLLC, presented the FY 2022 Comprehensive Annual Financial Report. The City received a ‘clean’ opinion of the financial statements. Mr. Neel expressed his appreciation to Finance Director Robert Gunter and his staff for the work they do. MOTION by Commissioner Staton, seconded by Commissioner Thomas, to accept the findings on the Audited Financial Statements for Fiscal Year ended June 30, 2022, as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton --- Aye: Commissioner Thomas - Aye: Commissioner Vowels -- Aye: Mayor Austin ------------- Aye: ________________________ PRESENTATION: “HMPL Power Supply Report” BRAD BICKETT, Henderson Municipal Power & Light General Manager, presented a Power Supply Update reporting that higher prices and long lead times have impacted the utility; however, some solutions they have come up with to these issues are to save, repair, and reutilize older transformers, buy refurbished equipment, and to coordinate with other utilities to share inventory. He further reported that the previously planned natural gas fueled reciprocating internal combustion engine (RICE) power plant was bid out with bids far exceeding budgeted estimates for the project and were rejected. Currently the cost/benefit analysis is being performed on a combustion turbine power plant; along with distributed solar and energy storage options; and new hedging contracts in the spring of 2023 with start dates of June 1, 2024. ________________________ PRESENTATION: “Henderson Tourist Commission ” ABBY DIXON, Henderson Tourist Commission Executive Director, introduced the fourteen Henderson Tourist Commission Riverboat Tour Guides to recognize and thank them for their hard work this year. She reported that we had 28 riverboat dockings this year and these folks go above and beyond for the passengers and crew. Ms. Dixon indicated that she is so proud of this crew that makes our tours so enjoyable with authentic hospitality and especially her staff, Ms. Dana Harvey keeping all these tours running smoothly. ________________________ PRESENTATION: “Outdoor Skate Project” MATT GLICK and JAMIE PHELPS, reported the need for a smooth concrete outdoor skate park instead of the current rough (shredder) concrete in Community Park and the asphalt in Atkinson Park. They indicated that more youth would utilize a facility with smooth concrete that causes less injuries. ________________________  171 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: March 22, 2022, Regular Meeting June 28, 2022, Regular Meeting March 30, 2022, Special Called Meeting June 30, 2022, Special Called Meeting April 12, 2022, Regular Meeting July 12, 2022, Regular Meeting April 19, 2022, Work Session July 26, 2022, Regular Meeting April 26, 2022, Regular Meeting August 2, 2022, Special Called Meeting May 10, 2022, Regular Meeting August 2, 2022, Special Called Joint City/ May 17, 2022, Special Called Meeting Utility Commission Meeting May 17, 2022, Called Work Session August 9, 2022, Regular Meeting May 24, 2022, Regular Meeting August 23, 2022, Regular Meeting June 14, 2022, Regular Meeting Resolutions and Municipal Orders: 42-22: Resolution Approving and Adopting the 2022-2026 Transit Asset Management (TAM) Plan for Henderson Area Rapid Transit (HART) 43-22: Resolution Approving and Adopting the Revised Public Transportation Agency Safety Plan (PTASP) for Henderson Area Rapid Transit (HART) 44-22: Resolution Accepting Cleaner Water Program Grant, Round 2, in the Amount of $2,067,242.00 on Behalf of the Henderson Water Utility, Approving the Grant Assistance Agreement, Authorizing the Amendment of the Henderson Water Utility’s Annual Budget; and Authorizing the Mayor to Sign All Related Documents 45-22: Resolution Approving Agreement with the Humane Society of Henderson County, Inc. Allocating $10,500.00 Monthly for Six (6) Months for Animal Control and Shelter Services; and the Mayor is Authorized to Execute Agreement on Behalf of City 46-22: Resolution Acknowledging Receipt of Notice of Intent Not To Take Oath of Office of City Commissioner on January 1, 2023, From Michael “Jay” Randolph 73-22: Municipal Order Approving Purchase of Three (3) 2022 Dodge Durango SXT/AWD Vehicles for the Henderson Police Department from Audubon Chrysler of Henderson, Kentucky, in the Amount of $135,092.00; and Additional Equipment from On-Duty Depot in Owensboro, Kentucky, in the Amount of $46,200.00 to Outfit Each Vehicle 74-22: Municipal Order Approving Change Order #2 to the Agreement with JBI Construction, Inc. of Evansville, Indiana, for the Construction of KY 425 (Henderson Bypass) Turn Lanes to Pratt Paper Resulting in a Credit Back to the City of Henderson in the Amount of $43,467.46; and Authorizing the Mayor to Execute All Necessary Documents on Behalf of the City MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: 172 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 36-22: SECOND READ ORDINANCE AMENDING PAY PLAN ORDINANCE AMENDING AND ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH ELIMINATES THE POSITION OF FIRE CAPTAIN AND ADDS THE POSITION OF FIRE DIVISION CHIEF IN THE FIRE DEPARTMENT; AND INCREASES THE ANNUAL PAY OF HAZARDOUS DUTY EMPLOYEES BY FIVE THOUSAND DOLLARS ($5,000) AND INCREASES THE PAY OF NON-HAZARDOUS DUTY EMPLOYEES BY THREE PERCENT (3%) MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 37-22: SECOND READ ORDINANCE RELATING TO BUSINESS AND OCCUPATIONAL LICENSE FEES AN ORDINANCE AMENDING SECTION 21-33 OCCUPATIONAL LICENSE TAX PAYMENT REQUIRED OF ARTICLE III, BUSINESS AND OCCUPATIONAL LICENSE FEES, BY CHANGING THE RATE OF OCCUPATIONAL LICENSE TAX FOR COMPENSATION PAID OR PAYABLE FOR WORK DONE OR SERVICES PERFORMED OR RENDERED IN THE CITY BY AN EMPLOYEE FROM ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%) TO ONE AND SIXTY FIVE HUNDREDTHS (1.65%); AND CHANGING THE RATE OF THE NET PROFITS FROM ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%) TO ONE AND SIXTY FIVE HUNDREDTHS (1.65%) ($60,000)] BEGINNING JANUARY 1, 2023 WHICH WILL BE PRO-RATED BEGINNING JANUARY 1, 2023 TO DECEMBER 31, 2023, AND AMENDING SECTION 21-48 BEGINNING DATE OF THIS ORDINANCE TO JANUARY 1, 2023 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood:  173 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 38-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF WASTEWATER-SEWER RELOCATION FOR HYDRO ALUMINUM EXPANSION MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 39-22: SECOND READ AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON, KENTUCKY, AUTHORIZING THE ISSUANCE OF $160,000,000 MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF ITS INDUSTRIAL REVENUE BONDS (PRATT (HENDERSON CORRUGATING), LLC PROJECT), TAXABLE SERIES 2023A; AUTHORIZING THE PROCEEDS OF THE SERIES 2023A BONDS TO BE MADE AVAILABLE TO PRATT (HENDERSON CORRUGATING), LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF AN INDUSTRIAL BUILDING; APPROVING THE SALE OF THE SERIES 2023A BONDS TO PRATT CORRUGATING HOLDINGS, INC., AS THE PURCHASER THEREOF; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE AGREEMENT, A PILOT AGREEMENT, AND OTHER RELATED DOCUMENTS; AND AUTHORIZING FURTHER ACTION BY CITY OFFICIALS AND DIRECTING THEM TO TAKE ALL NECESSARY ACTION TO EFFECTUATE THE INTENT AND PURPOSE OF THIS ORDINANCE MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: 174 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ MUNICIPAL ORDER NO. 75-22: MUNICIPAL ORDER AWARDING BID FOR ONE (1) 11 CUBIC YARD REFUSE PACKER FOR THE PUBLIC WORKS DEPARTMENT TO TRUCK CENTERS, INC. OF EVANSVILLE, INDIANA IN THE AMOUNT OF $168,869.00 MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to approve the purchase of one 11 cubic yard refuse packer for the Public Works department from Truck Centers, Inc. of Evansville, Indiana in the amount of $168,869.00, in strict accordance with their bid as submitted pursuant to Bid reference 22-28. The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 13, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 76-22: MUNICIPAL ORDER AWARDING BID FOR HMG STATION 1 PURCHASE POINT REPLACEMENT & UPGRADE FOR HENDERSON MUNICIPAL GAS TO STERLING INDUSTRIAL, LLC OF EVANSVILLE, INDIANA IN THE AMOUNT OF $880,950.00 MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to approve the purchase of HMG Station 1 Purchase Point Replacement and Upgrade for Henderson Municipal Gas from Sterling Industrial, LLC of Evansville, Indiana in the amount of $880,950.00, in strict accordance with their bid as submitted pursuant to Bid reference 22-30 (rebid). The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 13, 2022 Maree Collins, CKMC, City Clerk ________________________  175 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 CITY MANAGER’S REPORT: “Rezoning #1137 – Green Acres Subdivision & Old Corydon Road” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for the 75 lots in the Green Acres Subdivision and Old Corydon Road from Medium Density Residential District (R-2) to Residential Subdivided Manufactured Home District (R-SMH), after conducting public hearings and producing findings of fact at their regular December 6, 2022, meeting. The Zoning Map Amendments shall become final on Wednesday, December 28, 2022, unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is December 27, 2022. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that there is need for a special called meeting on Thursday, December 22, 2022, at 1:15 p.m. with the Sports Complex Groundbreaking tentatively scheduled for 1:45 p.m. that afternoon. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, introduced the newly hired Public Information Officer, Holli Blanford. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, thanked Community Relations Manager/Public Information Officer Donna Stinnett for her exemplary service and dedication as an employee and as an active member of our Henderson community. ________________________ COMMISSIONER’S REPORTS: MAYOR PRO TEM STATON and CITY MANAGER WILLIAM L. “BUZZY” NEWMAN, Jr. presented Mayor Austin with his name plate. Each of the Commissioners thanked Mayor Austin for his leadership, mentorship and friendship and wished him well in future endeavors. ________________________ EXECUTIVE SESSION: “Personnel Appointment” MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(j) for the purpose of discussion which might lead to the appointment of an individual employee. The vote was called. On roll call, the vote stood. Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ 176 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 13, 2022 MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ---- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:15 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 22, 2022 ______________________ Maree Collins, CKMC City Clerk