Board of Commissioners Meetings

'126 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on October 13, 2020 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 13, 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: Commissioner Patti Bugg (via zoom video panelist) Commissioner X R. Royster, III Commissioner Bradley S. Staton (via Zoom video panelist) 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 (via Zoom) Mr. Robert Gunter, Finance Director Mrs. Dawn Winn, Assistant Finance Director Mr. Sam Lingerfelt, Safety Coordinator Mr. Doug Boom, Engineer (via Zoom) Mrs. Karla Beckgerd, Human Resources Specialist Mr. David Wright, IT Network Administrator II Ms. Donna Crowe, IT Programmer/Analyst Mr. Larry Daniels, Gas Distribution Technician Mr. Tom Williarns, HWU General Manager Ms. Lindsay Locasto, Downtown Henderson Partnership Executive Director Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. Howard Rosewell, Kentucky League of Cities Mr. Joel Hopper Mr. Kevin Patton, the Gleaner PRESENTATION: "Kentucky League of Cities Training Certifications? HOWARD ROSEWELL, Kentucky League of Cities Senior Marketing Agent, presented City Governance Level I training certifications, requiring 30 hours of training each, to Commissioner Brad Staton, City Manager William L. "Buzzy" Newman, Jr., and Community Relations Manager/Public Information Officer Donna Stinnett. Mayor Steve Austin received a Level III Master City Governance certification, requiring 90 hours of training. PRESENTATION: "20-Year Service Award? MAYOR AUSTIN expressed appreciation to Gas Distribution Technician Larry Daniels for his 20 years of sersAce and dedication to the City of Henderson. LARRY DANIELS, Gas Distribution Technician, thanked the Mayor and expressed his appreciation to his co-workers for their team efforts.  '127 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on October 13, 2020 PRESENTATION: ?Vision Plan Projects Update? LINDSAY LOCASTO, Downtown Henderson Partnership Executive Director, gave a brief update on the Vision Plan tum'iel lighting project located in the alleyway near Rookies and the lighting of a Compassion Tree in Audubon Mill Park. The tree will be lit in pink for Breast Cancer Awareness, then in purple for Domestic Violence Awareness and then change each month. MISSY VANDERPOOL, Henderson Economic Development Executive Director, reported that the Vision Plan Committee recently voted to move forward with a project market analysis/economic analysis study for a municipal boat dock; discussed TIF District for redevelopment; and that a two-year report will be presented to the Lions Club in the spring of 2021. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: July 28, 2020, Called Work Session Resolution: 47-20: Resolution Accepting Grant and Authorizing Mayor to Execute Documents and Act as Authorized Correspondent for the Project to be Used for the Replacement of Clearwell, an 800,000 Gallon Steel Tank at the South Water Treatment Plant MunicipalOrder: 34-20:Municipal Order Awarding Bid for Purchase of SCBA Equipment to Fire Department Service & Supply, Louisville, Kentucky MOTION by Commissioner Royster, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 13, 2020 Maree Collins, CKMC, City Clerk ORDINANCE No. 20-20: SECOND 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 MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CormnissionerBugg ----- Aye:  '128 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on October 13, 2020 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: October 13, 2020 Maree Collins, CKMC, City Clerk ORDINANCE No. 21-20: SECOND 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 MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- 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: October 13, 2020 Maree Collins, CKMC, City Clerk ORDINANCE No. 23-20: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING AN ORDINANCE AMENDING APPENDIX A-ZONING, ARTICLE II, DEFINITIONS: SECTION 2.01, DEFINITIONS; ARTICLE V, BOARD OF ADJUSTMENT, SECTION 5.01 POWERS AND DUTIES: ARTICLE XIII, R-3 MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT, SECTION 13.02 PERMITTED USES AND SECTION 13.03 CONDITIONAL USES, ARTICLE XXXI, AUDUBON RESIDENTIAL DISTRICT PURPOSES, SECTION 31.03 PERMITTED USES AND CONDITIONAL USES, AND ARTICLE XXXIII, GATEWAY ZONE DISTRICT #1, SECTION 33.14, SIGNAGE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Royster, seconded by Commissioner Bugg, that the ordinance be adopted. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Nay: CommissionerVowels --- Aye: CommissionerBugg ----- 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.  '120 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on October 13, 2020 ORDINANCE No. 24-20: FIRST READ ORDINANCE AMENDING CHAPTER 23 UTILITIES ORDINANCE AMENDING ARTICLE III, GAS SERVICES, OF CHAPTER 23, UTILITIES, BY ADDING SECTION 23-57, THEFT OF SERVICE AND TAMPERING; PAYMENT AND RESTORATION OF SERVICE OF THE CODE OF ORDINANCES MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- 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. REPORT: Annexation - Bent Creek Subdivision and Bent Creek Estates DAWN KELSEY, City Attorney, reported that the City obtained Consent Not to Oppose Amiexation for Bent Creek many years ago when sewer service was requested for the property. Now that the City is annexing the sports park property it is possible to proceed with annexing Bent Creek Subdivision and Bent Creek Estates. Staff is requesting authority to forward a request to the Plamiing Commission to conduct a public hearing to assign a zoning designation for these properties. MOTION by Commissioner Vowels, seconded by Commissioner Royster, authorizing the City Manager to send the request to the Planning Commission to conduct a public hearing to assign a zoning designation for property located in Bent Creek Subdivision and Bent Creek Estates. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- Aye: EXECUTIVE SESSION: ?Litigation? MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.81 0(1 )(C) for the purpose of deliberation relating to pending litigation involving HMPL (Henderson Municipal Power & Light). The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session.  '130 CITY OF HENDERSON - RECORD BOOK RecordofMinutesof ASpecialCalled Meetingon Octoberl3,2020 MEETING RECONVENED: MOTION by Commissioner Royster, seconded by Commissioner Vowels, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Vowels, to adjourn the meeting. The vote was called. On roll call, the vote stood: CommissionerRoyster-Aye: Commissioner Staton ---- Aye: CommissionerVowels --- Aye: CommissionerBugg ----- Aye: MayorAustin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:05 p.m. S Steve Austin, Mayor ATTEST: May 11, 2021 '254 - k,=- MareJ co!lins, CNMC City Clerk