Board of Commissioners Meetings
Regular MeetingHenderson, KY · April 23, 2019
Minutes
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CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Regular Meeting on April 23, 2019
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CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Regular Meeting on April 23, 2019
A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held
on Tuesday, April 23, 2019, at 5:30 p.m., prevailing time, in the third floor Assembly Room
located in the Municipal Center Building at 222 First Street, Henderson, Kentucky.
INVOCATION was given by Reverend Jeff Ferguson, First Assembly of God, followed
by recitation of the Pledge of Allegiance to our American Flag.
There were present Mayor Steve Austin presiding:
PRESENT:
Commissioner Patti Bugg
Commissioner X R. Royster, III
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
ALSO PRESENT:
Mr. William L. “Buzzy” Newman, Jr., City Manager
Ms. Dawn Kelsey, City Attorney
Ms. Maree Collins, City Clerk
Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer
Ms. Holli Melton, Administrative Intern
Mr. Heath Cox, Police Chief
Mr. Robert Gunter, Finance Director
Mr. Trace Stevens, Parks, Recreation & Cemeteries Director
Mr. Ray Nix, Code Administrator
Mrs. Theresa Richey, Development Liaison
Mr. Larry Holt, Board of Zoning Adjustment Appointee
Mr. Chris Heimgartner, Henderson Municipal Power & Light General Manager
Ms. Molly McCarroll, Partnership Specialist, US Census Bureau
Ms. Kendra Strawn, Humane Society of Henderson County
Ms. Susan Sauls, Green River Asset Building Coalition
Ms. Melissa Clements, United Way; Cliff Hagan Boys & Girls Club-Henderson Unit
Mr. Herb McKee, Cliff Hagan Boys & Girls Club-Henderson Unit
Reverend Jeff Ferguson, First Assembly of God
Mr. Mike Richardson, Reserve Police Officer
Mr. Douglas White, the Gleaner
________________________
PRESENTATION: “2020 Census Update and Job Recruitment”
MOLLY MCCARROLL, Partnership Specialist, US Census Bureau based in Owensboro,
gave a brief update of the 2020 Census process and job recruitment. She indicated that there will
be in excess of 500,000 Americans working for the Census Bureau at the height of census
operations next year making it the largest peacetime activity of the US Government. Positions
will be part-time, up to 30 hours per week, starting at $14.00 per hour plus mileage, with
extremely flexible hours. The first hires will begin in June for address canvassing throughout the
rest of this year and then transition into the door-to-door enumerator positions next year.
Applications are available online. She further indicated that she would be working with
communities to establish a Complete Count Committee consisting of volunteers that are familiar
with all aspects of the community whether faith based organizations, non-profit organizations,
people that deal with the homeless or help centers, and local governments to identify strategies to
reach out to those folks that might otherwise be uncounted. She indicated that data that is
collected through the Census is not shared with immigration, or the IRS, or law enforcement for
any reason. She reported that a study done by George Washington University a few years ago
determined that each person not counted in Kentucky is approximately $972.00 per year in
federal funds lost to the state which amounts to almost $10,000.00 that doesn’t trickle down to
local communities. So, it is very important to get a full and complete count.
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MAYOR AUSTIN thanked Ms McCarroll for presenting this information and reported
that Brian Bishop, Planning Commission Executive Director, would be assisting the City
throughout the process. He indicated that the City would work through Mr. Bishop to
recommend people for the Complete Count Committee.
________________________
PRESENTATION: “Humane Society Quarterly Report”
KENDRA STRAWN, Humane Society of Henderson County, gave a brief update on
happenings at the Humane Society Shelter. She reported that the executive director position was
again vacant and had been posted. Final on-site interviews have been scheduled for later this
week for two animal control officers. New animal control officer hiring/training protocol has
been implemented in order to ensure the safety of the public, the animals and the officers. The
Shelter seems to be running smoothly with summer hours of Noon to 6:00 p.m., Monday through
Friday and 9:00 a.m. to Noon, Saturday. Staff has been working closely with the New Hope and
Pay-it-Forward shelters with some adoption events in order to get all of the animals out of
shelters in Henderson County whether it is to foster homes or to new homes. She reminded
everyone that June is City and County tag renewal time and explained that the tags can be an
important tool in returning a lost animal, especially if the animal is not micro chipped.
MAYOR AUSTIN thanked her for the update and thanked she and her colleagues for the
important work they do for this community.
________________________
PRESENTATION: “HMP&L Proposed Rate Restructure”
CHRIS HEIMGARTNER, Henderson Municipal Power & Light General Manager, gave a
detailed presentation relating to the proposed restructuring of electric rates. He explained that
this was a good time to review the rate structure now that we no longer have a coal plant
generating power. A Cost of Service Analysis (COSA) was conducted by GDS Associates to
look at all of the cost streams as well as the revenues. The purpose of the study is to determine if
revenues are covering costs and the answer in our study was, yes. The proposed rate
restructuring includes: 1) revenue neutral rate changes; 2) remove the Fuel Adjustment and
replace with a Power Cost Adjustment which will be adjusted to zero and have minimal
fluctuations going forward; 3) remove minimum bill amounts; and 4) adjust consumption rates,
customer charges, and demand charges to reflect the above changes. The study further indicated
that there is very little subsidization between rate classes, as a result GDS recommends applying
any rate change, even a zero change, to all rate classes. The proposed rate restructure will not
change the anticipated revenue with very little change in most customers’ total bill. The
Residential Customer Charge will go from $7.69 to $12.50, eliminate the Minimum Bill charge,
and eliminate the varying Energy Charge between summer and winter rates. Similar changes to
the rate structure would be made for each rate class. Mr. Heimgartner further detailed changes to
each section of the various rates. He explained that overall the total amount of customer bills
would change very little, although some could be higher or lower based upon their usage within
the class. The Utility Commission recommends the changes and per statute, a public hearing has
been scheduled to be conducted by the Board of Commissioners at the May 14, 2019 meeting.
________________________
PUBLIC HEARING: Outside Agency Funding Appeals
MAYOR AUSTIN declared the Public Hearing on Outside Agency Funding to order at
approximately 6:20 p.m. and asked if any member of the public or any agency would like to
speak to appeal the recommendation of the Agency Funding Ad-Hoc Committee for the fiscal
year commencing July 1, 2019.
COMMISSIONER STATON, Outside Agency Funding Ad-Hoc Committee member,
reported that others on the Committee were the City Manager, the Finance Director and Citizen
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Representative Wayne Jenkins. He further reported that the Committee discussed a request from
the Boys & Girls Club of Henderson of $10,000.00 which would be an ongoing contribution. He
indicated that the Committee discussed the merits of having a Boys & Girls Club in our
community and decided as a committee that their function certainly fits within workforce
development allowing young families the opportunity to work knowing that their children are
well taken care of at an affordable cost. He stated that the Committee recommends that the full
$10,000.00 be donated to the Boys & Girls Club of Henderson.
HERB MCKEE AND MELISSA CLEMENTS, Cliff Hagan Boys & Girls Club of
Henderson unit, thanked the Board for partnering with them to invest in the youth of the
community. Mr. McKee indicated that one of the largest signs of a healthy community is how
wisely it invests in its youth. The Boys & Girls Club of America has been around since 1860
and the Cliff Hagan Boys & Girls Club has been around for 52 years. This Club will help
parents have the opportunity to work and save thousands of childcare dollars that can be
reinvested into the community. The program provides not only supervision but will provide
mentorship for these kids to help them figure out the right path for themselves and put them on a
good path for the future.
MELISSA CLEMENTS reported that the school system will be providing bus service for
the after school program and has also agreed to provide snacks through the Child Care/Adult
Food Program. The program is anticipated to start with the fall school session with hours of 2:30
to 6:30 p.m. and will then be full time for school breaks including the summer break with hours
of 7:30 a.m. to 6:00 p.m., accommodating up to 120 children between the ages of 6 and 18.
There is a $12.00 per year membership fee and a $10.00 per week per child fee during the
summer break that will include all activities and lunch in addition to the regular healthy snack.
________________________
SUSAN SAULS reported that the Green River Asset Building Coalition which is one of
the overseer agencies of the VITA (Volunteer Income Tax Assistance) program in this part of
Kentucky requested $1,500 from each the City and the County this year in order to keep the
program well-funded for marketing to encourage more participation. The program assists in free
income tax preparation for qualifying residents and had approximately 1,200 tax returns
completed last year equaling about $1.5 million of returned tax dollars.
________________________
ROBERT GUNTER, Finance Director, gave a detailed explanation of the committee’s
funding level recommendations for each reviewed request.
DISCUSSION WAS HELD relating to the committee’s recommendation to fund
requested repairs to the tennis courts-repairs are necessary as courts start to crack with age and
repairs are needed in preparation of the ATA Senior Games tournament that has been secured by
the local association for the next three years.
MAYOR AUSTIN asked the Board if there were any objections to accepting the
recommendation for the FY2020 budget. Hearing no objections and no other appeals were
presented, Mayor Austin declared the Public Hearing closed at 6:38 p.m.
________________________
APPROVAL OF CONSENT AGENDA:
MAYOR AUSTIN asked the City Clerk to read the Consent Agenda.
Minutes: March 26, 2019, Regular Meeting
April 09, 2019, Regular Meeting
April 16, 2019, Called Meeting
Resolutions: 28-19: Resolution Authorizing the Submittal of a Grant
Application for Public Transit Assistance
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29-19: Resolution Approving First Amendment to Funding
Agreement with the Henderson Girls Softball Association (HGSA)
Allocating Matching Reimbursable Funds in an Amount not to
Exceed $5,000.00 to be Used to Defray Costs of Field Drainage
and Concession Stand Improvements at the Newman Recreational
Complex
Orders: 23-19: Municipal Order Accepting Stormwater Management
System Maintenance Agreement at 2 North Green Street Between
German American Bank, Henderson Water Utility, and the City of
Henderson and Giving the Mayor Authority to Execute the
Agreement
Motion by Commissioner Staton, seconded by Commissioner Royster, to approve the
items on the Consent Agenda as presented.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Bugg ----- Aye:
Commissioner Royster -- Aye:
Commissioner Staton ---- Aye:
Mayor Austin ------------- Aye:
WHEREUPON, Mayor Austin declared the consent agenda items approved.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 23, 2019
Maree Collins, CKMC, City Clerk ________________________
APPEARANCE OF CITIZENS:
DAMON AND JULIE NANTZ reported an increase in the amount of trash along North
Green River Road and wanted to know what could be done about littering and about items that
are falling out of vehicles. They also asked why the street sweeper no longer comes down their
street.
WILLIAM L. “BUZZY” NEWMAN, JR. indicated that he had spoken with the Public
Work Director regarding the issue and reported that there have been no changes to the street
sweeper routes. He further indicated that loads are required to be covered and that he has
requested staff to continue monitoring the situation.
ORDINANCE NO. 07-19: FIRST READ
ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS
AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY
LOCATED AT 1407 NORTH ADAMS STREET
WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that the
improvements were made by a private developer to City standards and the overall development
has enhanced the area.
MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the
ordinance be adopted.
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CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Regular Meeting on April 23, 2019
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Bugg ----- Aye:
Commissioner Royster -- Aye:
Commissioner Staton ---- 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. 08-19: FIRST READ
ORDINANCE AMENDING CHAPTER 16-OFFENSES
AN ORDINANCE AMENDING CHAPTER 16, OFFENSES, ARTICLE I, GENERAL,
SEC. 16-3 USE OF LOUDSPEAKERS ON BUSINESS PREMISES, AND SEC. 16-3,
WEARING HOODS OR MASKS IN PUBLIC PLACES OF THE CODE OF ORDINANCES
OF THE CITY OF HENDERSON
MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the
ordinance be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Bugg ----- Aye:
Commissioner Royster -- Aye:
Commissioner Staton ---- 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.
________________________
COMMISSIONERS’ REPORT:
COMMISSIONER VOWELS updated the Board on activities at the HEAT Lab which
hosted their first Tech event last night which was a gathering of entrepreneurial minded, tech
minded people with approximately 15 to 20 participants.
________________________
COMMISSIONER BUGG reminded everyone that April 29th is the beginning of spring
clean up week and that Henderson Recycling would be located at booth #63 of the Tri-Fest with
games and prizes relating to recycling.
________________________
MAYOR AUSTIN thanked Commissioner Bugg for bringing up spring clean up as it is
very important to our community. He then announced that the Health Science program at
Henderson County High School received the prestigious Excellence in Action award, which
recognizes the best Career Technical Education (CTE) programs of study across the nation.
Henderson County High School’s Health Science program received the award in the Health
Science Career Cluster from Advance CTE as a result of their commitment to providing real-
world learning experiences for each learner in partnership with 47 local health care facilities.
MAYOR AUSTIN reminded everyone that Friday, April 26th is Arbor Day and this year
the City’s Parks and Recreation department will be conducting the ceremony at 4:00 p.m. at the
East End Park on Letcher Street.
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He also, reminded those interested of a special called Town Hall Work Session on the
Fairness Ordinance scheduled for Monday, May 6th beginning at 5:30 p.m. at the Municipal
Service Center.
________________________
APPOINTMENT: Board of Zoning Adjustment:
Mr. Larry Holt – Term to Expire February 24, 2021
Motion by Commissioner Royster, seconded by Commissioner Staton, upon
recommendation of Mayor Steve Austin, to appoint Mr. Larry Holt to fill the unexpired term of
Montez Wells that has moved from the area, on the Board of Zoning Adjustment. Said term to
expire February 24, 2021.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Bugg ----- Aye:
Commissioner Royster -- Aye:
Commissioner Staton ---- Aye:
Mayor Austin ------------- Aye:
________________________
MEETING ADJOURN:
MOTION by Commissioner Staton, seconded by Commissioner Royster, to adjourn the
meeting.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Bugg ----- Aye:
Commissioner Royster -- Aye:
Commissioner Staton ---- Aye:
Mayor Austin ------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 6:50 p.m.
___________________________
ATTEST: Steve Austin, Mayor
May 14, 2019
______________________
Maree Collins, CKMC
City Clerk
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