Board of Commissioners Meetings

118 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 04, 2024 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 4, 2024, at 5:00 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 STATON led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Bradley S. Staton (via Zoom Panelist) presiding: PRESENT: Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager Ms. Chelsea Mills, Finance Director Mr. Brian Williams, Public Works Director Mrs. Connie Galloway, Human Resources Director (Outgoing) Ms. Megan McElfresh, Human Resources Director (Incoming) Mr. Josh Dixon, Fire Chief Mr. Robert “Bob” Shoultz, Interim Police Chief Mr. Billy Bolin, Police Consultant Ms. Jordan Webb, Emergency Communications Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mrs. Donna Madden, Executive Assistant Mr. David Wright, IT Network Administrator II Mr. Wesley Gower, IT Programmer Analyst Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Randall Redding, Henderson Municipal Power & Light Attorney Mr. Bart Boles, Henderson Water Utility General Manager Mr. Brian Bishop, Henderson City/County Planning Commission Executive Director Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PRESENTATION: “Henderson Municipal Power & Light Update” BRAD BICKETT, Henderson Municipal Power & Light General Manager, gave a brief overview of the utilities’ activities. He reported that the utility continues to move forward with more underground conversion in the downtown area for aesthetics, safety and future cost savings relating to tree trimming; construction of the new service center is complete and staff has successfully transitioned operations into the facility; the account established for the low-income relief fund administered by Christian Community Outreach received $27,600.00 from interest generated for the program; the utility has approximately $25 million in reserves, which is very close to the 180 day operating reserves that is needed; it is anticipated that the end of fiscal year 2025 reservices will be slightly below the 180-day target – believe to be manageable through capital projects and completing capital replacements plan based upon actual cash flow; industrial load saw a decrease towards the end of the calendar 2023 year and has now returned to what is considered normal and expected to continue to produce a little bit more revenue for fiscal year 2025; the PILOT contribution will increase to 6.09% of electric revenue or approximately $2.6 million with $1.8 million paid in cash after in-kind services are deducted-this is an approximate increase of $400,000.00; new three-year power contracts became effective in June with 100% hedging of forecasted load giving the benefit of receiving revenue for excess energy which is  119 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 04, 2024 then returned to our customers through the power cost adjustment; currently working on June 2027 and beyond contracts; the advanced metering infrastructure project is very close to kick off; the fiber build will be broken into 11 different design areas around town with an anticipated completion date of Summer 2025; marketing materials for the service will be pushed out in the near future as there has been a lot of interest in the service; and the Residential Attic Insulation Program provides attic insulation incentives for residential customers that experience usage at or above 200% of “typical use” which will be defined as 1 kWh/sq. ft per month. The incentives are limited to residential homes with natural gas and/or electric service located in Henderson Municipal Power & Light’s service territory. A self-administered energy audit must be completed and turned in to determine eligibility. The incentive cannot exceed the cost of materials less any sales tax. The energy audit form can be found on HMPL’s Facebook page and website at https://www.hmpl.com/residential-attic-insulation-program.html. RANDALL REDDING, Henderson Municipal Power and Light General Counsel, reported that the court has issued an order for a hearing or appearance in Franklin Circuit Court tomorrow at 9:45 a.m. eastern time to address ongoing issues between the City/HMPL and Big Rivers. ________________________ ORDINANCE NO. 23-24: SECOND READ ORDINANCE AMENDING CHAPTER 21- – TAXATION - BUSINESS AND OCCUPATIONAL LICENSE FEES AN ORDINANCE AMENDING CHAPTER 21- TAXATION, ARTICLE III BUSINESS AND OCCUPATIONAL LICENSE FEES, SEC. 21-31-DEFINITIONS, AND SEC. 21-34- EXEMPTED ACTIVITIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Whitt, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 04, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 24-24: SECOND READ ORDINANCE AMENDING CHAPTER 17 - PARKS AND RECREATION – SPECIAL EVENTS AN ORDINANCE AMENDING CHAPTER 17 - PARKS AND RECREATION, ARTICLE III - SPECIAL EVENTS, SEC. 17-45 - DEFINITIONS, SEC. 17-50 - APPLICATION FOR PERMIT, SEC. 17-51 - OCCUPATIONAL LICENSE, SEC. 17-55 - CONTENTS OF PERMIT, AND SEC. 17-57 - POSSESSION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. 120 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 04, 2024 On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 04, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 25-24: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS CONSISTING OF POTABLE WATER IMPROVEMENTS FOR COPPER CREEK CONDOMINIUM WATER MAIN EXTENSION PROJECT MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 04, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 26-24: SECOND READ ORDINANCE RELATING TO MAYOR AND BOARD OF COMMISSIONERS ANNUAL COMPENSATION AN ORDINANCE ESTABLISHING ANNUAL ADJUSTMENTS IN THE COMPENSATION OF THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 04, 2024 Maree Collins, CKMC, City Clerk ________________________  121 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 04, 2024 ORDINANCE NO. 27-24: FIRST READ ORDINANCE ADOPTING BUDGET AND APPROPRIATION ORDINANCE FOR THE 2024-2025 FISCAL YEAR BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton 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. 28-24: FIRST READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. BART BOLES, Henderson Water Utility General Manager, reported the Water and Sewer Commission adopted the budget at their May 20th meeting. He further reported that revenues are projected to go up this year; and that the utility has a couple of large capital projects including the Washington/Vine Street water main project and the completion of the replacement/installation of 11,500 automated water meters project. MAYOR STATON indicated appreciation for the continued partnership the City has with Henderson Water and Sewer Commission and Henderson Water Utility. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton 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. 50-24: MUNICIPAL ORDER AWARDING BID FOR MOWING OF CANOE CREEK AND OTHER TRIBUTARIES TO HAZEX CONSTRUCTION CO., INC. OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to award the mowing contract to Hazex Construction for mowing of Canoe Creek and other tributaries pursuant to Bid Reference #24-11 and funding for the services being split 50/50 between the City and County of Henderson. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that it is the 122 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 04, 2024 recommendation of the Flood Mitigation Board to both the City and the County to award the contract for mowing of Canoe Creek to Hazex at a 50/50 split to each entity. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 04, 2024 Maree Collins, CKMC, City Clerk ________________________ MAYOR STATON reported that the agency grant funding would be on next week’s agenda, and he had asked that each Commissioner and the City Manager report how they would like to see the $18,000.00 in discretionary funds distributed. Each Commissioner and the City Manager was asked to recommend how they would like to allocate $3,000.00. Commissioner Thomas recommended Christian Community Outreach; Commissioner Pruitt recommended New Hope Animal Shelter and Health First (Cabell Platt Medical Center); Commissioner Whitt recommended the Homeless Coalition (discussion was held relating this would be in addition to what was designated by United Way); Commissioner Vowels recommended Audubon Kids Zone; Mayor Staton indicated that the City Manager declined to participate and recommended Infinite Hope and Sons of Henderson (Summerfest). MAYOR Staton further indicated that he had been contacted by the Handy Fest concerned that sponsorship is down. He asked the Board to keep in mind for a future discussion consideration of additional funding for complete sponsorship of the headliner act in the amount of $20,000 to $25,000. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:35 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor July 09, 2024 ______________________ Maree Collins, CKMC City Clerk