Board of Commissioners Meetings
Regular MeetingHenderson, KY · September 22, 2020
Minutes
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
A special called meeting of the Board of Cornmissioners of the City of Henderson,
Kentucky, was held on Tuesday, September 22, 2020, at 3:00 p.m., prevailing time, with no
primary location designated for this video teleconference meeting as the result of the state of
emergency declared by the President of the United States and the Governor of Kentucky due to
the global COVID-19 pandemic, and in accordance with recommended and mandated
precautions related to COVID-19 per the Kentucky Attorney General Opinion 20-05, limited
public attendance was permitted at this meeting due to the highly contagious nature of COVID-
19. It is not feasible for the City to maintain order and abide by recommended and mandated
precautions while providing a central physical location for public viewing. The meeting was
conducted in accordance with KRS 61.826.
There were present Mayor Steve Austin presiding:
PRESENT:
Cornmissioner Patti Bugg (via Zoom video panelist)
Commissioner X R. Royster, III
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
ALSO PRESENT:
Mr. William L. ?Buzzy? Newrnan, Jr., City Manager
Mrs. Dawn Kelsey, City Attorney
Ms. Maree Collins, City Clerk
Mrs. Donna Stinnett, Cornmunity Relations Manager/Public Inforrnation Officer (via Zoom)
Mr. Robert Gunter, Finance Director
Mr. Scott Foreman, Fire Chief
Mr. Heath Cox, Police Chief
Mrs, Connie Galloway, Human Resources Director
Mrs. Dawn Winn, Assistant Finance Director
Mr. David Wright, IT Network Administrator II
Ms. Donna Crowe, IT Programmer/Analyst
Ms. Gina Boaz, GRADD Economic Development Specialist
Mr. Tom Williams, HWU General Manager
Mr. Chris Heimgartner, HMPL General Manager
Mr. Benji Marrs, BIM Group Senior Benefit Strategist (via zoom video panelist)
Mr. Kevin Patton, the Gleaner (via Zoom)
PRESENTATION: "GRADDEDACARESActCOV?D-19LoanProgram?
GINA BOAZ, Green River Area Development District Economic Development
Specialist, presented information on a new $3.3 million revolving loan program under the
Economic Development Administration CARES Act to assist local small businesses and start-up
businesses that have been impacted by the COVID-19 pandemic.
TOM WILLIAMS, Henderson Water Utility General Manager, reported that HW[?J has
embarked on a replacement program of residential meters with ultra-sonic meters that are read in
a drive-by mode and alert if tampered with. This ordinance amendment adds language relating
to tampering and theft of service. Mr. Williams reported that HW[?J and the Gas Department will
eventually be replacing all residential meters and the Gas Department will also bring ordinance
amendments in the future.
ORDINANCE No. 20-20: FIRST READ
ORDINANCE AMENDING CHAPTER 23 UTILITIES
ORDINANCE AMENDING ARTICLE II, WATER AND SEWER SERVICE, OF
CHAPTER 23, UTILITIES, SECTION 23-23, ESTABLISHMENT OF OTHER RATES, FEES
AND CHARGES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
MOTION by Commissioner Royster, seconded by Commissioner Staton, that the
ordinance be adopted.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- 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. 21-20: FIRST READ
ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY
AN ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY WHICH IS
AN UNIMPROVED PORTION OF LINCOLN AVENUE, APPROXIMATELY 6,513
SQUARE FEET LOCATED BETWEEN HIGHWAY 2084 AND HIGHWAY 351 IN THE
CITY OF HENDERSON, KENTUCKY
WILLIAM L. ?BUZZY" NEWMAN, JR., City Manager, reported that the City had
received a request from Palmer Oil to vacate a portion of unimproved Lincoln Avenue for
consolidation purposes. Palmer Oil owns property on both sides of the unimproved portion of
this dead end street.
MOTION by Commissioner Royster, seconded by Commissioner Staton, that the
ordinance be adopted.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- 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.
RESOLUTION No. 45-20:
RESOLUTION APPROVING THE MYUTILITIES ELECTRONIC PAYMENT
PLATFORM THROUGH TYLER TECHNOLOGIES OF TROY, MICHIGAN FOR THE
FINANCE DEPARTMENT AND CHANGING CREDIT/DEBIT CARD SERVICES TO
CHASE MORGAN AS PART OF THE NEW ELECTRONIC PAYMENT PLATFORM
MOTION by Commissioner Royster, seconded by Commissioner Bugg, approving award
of contract with Tyler Technologies for the MyUtilities Electronic Payment module for integrated
online customer payment solutions.
DAWN WINN, Assistant Finance Director, reported that this payment platform is fiilly
integrated with our current finance/utility billing system and will allow for better customer
service. It can also be expanded to be used by other departments in the future.
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
WHEREUPON, Mayor Austin declared the resolution approved, affixed his signature and
the date thereto, and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: September 22, 2020
Maree Collins, CKMC, City Clerk
MUNICIPAL ORDER NO. 33-20:
MUNICIPAL ORDER ACCEPTING THE AGREEMENT FOR SERVICES BETWEEN
THE CITY OF HENDERSON AS SPONSOR FOR CITY OF HENDERSON NEAR-SITE
CLINIC HEALTH PLAN AND DEACONESS CLINIC, INC. AND GIVING THE MAYOR
THE AUTHORIZATION TO EXECUTE THE AGREEMENT AND ANY OTHER RELATED
DOCUMENTS INCLUDING BUSINESS ASSOCIATES AGREEMENTS BETWEEN THE
PARTIES
MOTION by Commissioner Vowels, seconded by Commissioner Royster, authorizing
acceptance of agreement with Deaconess Clinic, Inc. for City of Henderson employee near-site
clinic health plan services.
BENJI MARRS, BIM Group Senior Benefit Strategist, highlighted services available at
this fully functioning clinic for City employees for wellness, acute illness, and chronic disease
management services. He explained that there would be no claims filings in this process; no
employee co-pays and no back charges to the City. Included at no cost, when filled by the Clinic,
is a host of prescription drugs and labs. Mr. Marrs advised that it is estimated that the clinic will
almost pay for itself in savings to the overall Health Insurance fund. Services are available from
four locations including the Starlite Deaconess Clinic location.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
WHEREUPON, Mayor Austin declared the municipal order approved, affixed his
signature and the date thereto, and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: September 22, 2020
Maree Collins, CKMC, City Clerk
CITY MANAGER' S REPORT:
WILLIAM L. ?BUZZY? NEWMAN, JR., City Manager, requested that the Board
authorize submission to the Planning Cornmission for review and zoning designation for the
annexation of a parcel of land containing approximately 58 acres, plus portions of Kentucky
Highway 812 and Audubon Parkway ROW (totaling 78.074 acres), located in Henderson
County.
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
MOTION by Commissioner Staton, seconded by Commissioner Royster, authorizing the
City Manager to send the request to the Planning Commission to assign a zoning designation for
property located on Kentucky Highway 812 (Airline Road).
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
MISCELLANEOUS: Ordinance Review - Zoning Ordinances, Manufactured Homes &
Animated Signs
DAWN KELSEY, City Attorney, reported that the City has received a request for an
animated sign in the Gateway Zone District. Currently flashing, traveling, animated, LED or
back-lit signs of all types are prohibited in the Gateway Zone District. Recommended changes to
the zoning ordinance relating to this signage would be to add a section to allow animated
monument type signage of a specific type, size, and location with landscaping consistent with the
permitted materials allowed in the Gateway Zone District.
Mrs. Kelsey further reported on recommended changes relating to Class A manufactured
homes from the Permitted uses to Conditional uses, amended definitions, and amendments
allowing the Board of Zoning Adjustment authority on variances for manufactured homes.
MOTION by Commissioner Vowels, seconded by Commissioner Royster, authorizing
the City Manager to send the amendments relating to signage in the Gateway Zone District to the
Planning Commission for review and recommendation.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
MOTION by Commissioner Vowels, seconded by Commissioner Royster, authorizing
the City Manager to send the amendments reiating to Class A manufactured homes to the
Planning Commission for review and recommendation.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
MOTION by Commissioner Royster, seconded by Commissioner Vowels, authorizing
the City Manager to send the amendments relating to the powers and duties of the Board of
Zoning Adjustment to the Planning Commission for review and recommendation.
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CornmissionerVowels --- Aye:
MayorAustin ------------- Aye:
EXECUTIVE SESSION: Litigation
MOTION by Commissioner Royster, seconded by Commissioner Staton, that the Board
of Commissioners go into Executive Session pursuant to the provisions of KRS 61.81 0(1)(C) for
the purpose of discussion of pending litigation against the City.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session.
MEETING RECONVENED:
MOTION by Commissioner Staton, seconded by Commissioner Royster, the Board of
Commissioners reconvened into regular session.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
WHEREUPON, Mayor Austin reconvened the Board into regular session.
REPORTS:
WILLIAM L. ?BUZZY? NEWMAN, JR., City Manager, reported the need for a budget
amendment in October relating to capital and personnel issues. He further reported that the
Green River Health District has strongly suggested against trick-or-treating in the normal door-
to-door fashion this year due to the COVID-19 pandemic. The Parks & Recreation department is
currently reviewing plans for a drive-through event where participants stay in their vehicles.
COMMISSIONER STATON reported that he had received several calls relating to the
annual Truck-or-Treat events as well as residential trick-or-treating. He requested that staff
gather information on any events that will be conducted and relay that information to the public
to keep everyone up to date. He further requested that discussions start on planning for an
unconventional Christmas Parade/Event for later this year.
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CITY OF HENDERSON - RECORD BOOK
Record of Minutes of A Special Called Meeting on September 22, 2020
MEETING ADJOURN:
MOTION by Commissioner Staton, seconded by Commissioner Royster, to adjourn the
meeting.
The vote was called. On roll call, the vote stood:
CommissionerBugg ----- Aye:
CommissionerRoyster-Aye:
Commissioner Staton ---- Aye:
CommissionerVowels --- Aye:
MayorAustin ------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 4:40 p.m.
,?S?s
Steve Austin, Mayor
ATTEST: Aprill3, 2021
84,ty i
Maree Collins, CKMC
City Clerk
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