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Board of Commissioners Meetings

Regular Meeting

Henderson, KY · November 17, 2020

AgendaMinutes

Minutes

147 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 17, 2020 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 17, 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 (via Zoom video panelist) ALSO PRESENT: Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer (via Zoom) Mr. Robert Gunter, Acting City Manager Mr. Heath Cox, Police Chief Mr. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks, Recreation & Cemetery Director (via Zoom) Mr. Greg Nunn, IT Director Mr. Victor Carson, IT Network Administrator Ms. Donna Crowe, Programmer/Analyst Mr. Tom Williams, HWU General Manager (via Zoom) Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ ORDINANCE NO. 27-20: SECOND READ ORDINANCE AMENDING PAY PLAN ORDINANCE ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH RECLASSIFIES CERTAIN NON-HAZARDOUS POSITIONS; ESTABLISHES NEW POLICE HAZARDOUS DUTY AND FIRE HAZARDOUS DUTY PAY GRADE & SALARY RANGES; AND APPROVES PROVIDING FOR ONE PERCENT (1%) COST OF LIVING ADJUSTMENT (COLA) FOR CITY EMPLOYEES OF THE NON-HAZARDOUS AND FIRE HAZARDOUS DUTY JOB CLASSIFICATIONS EFFECTIVE NOVEMBER 16, 2020 MOTION by Commissioner Royster, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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 148 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 17, 2020 Steve Austin, Mayor ATTEST: November 17, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 29-20: SECOND READ ORDINANCE AMENDING HENDERSON WATER UTILITY BUDGET AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Bugg, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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: November 17, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 28-20: SECOND READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Vowels, seconded by Commissioner Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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: November 17, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 22-20: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, WHICH PROPERTY IS LOCATED LYING SOUTH OF THE AUDUBON PARKWAY, AND BOUNDED ON THE NORTH BY THE AUDUBON PARKWAY, ON THE SOUTH BY AIRLINE ROAD, KENTUCKY HIGHWAY 812 AND ON THE EAST BY GOLDSBERRY COAL COMPANY, INC. (PVA PARCEL 67- 77), CONTAINING APPROXIMATELY 58.1 ACRES, MORE OR LESS, IN HENDERSON 149 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 17, 2020 COUNTY OWNED BY HILLVIEW ENTERPRISES, LLC AND PORTIONS OF AUDUBON PARKWAY AND KENTUCKY HIGHWAY 812 RIGHT-OF-WAYS FOR A TOTAL OF 78.074 ACRES MOTION by Commissioner Royster, seconded by Commissioner Bugg, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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: November 17, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 30-20: SECOND READ ORDINANCE AMENDING CHAPTER 23, UTILITIES AN ORDINANCE AMENDING CHAPTER 23, UTILITIES BY ADDING NEW ARTICLE X ELECTRIC FRANCHISE, SECTIONS 23-210 THRU 23-229 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON; CREATING AND ESTABLISHING ARTICLE X ELECTRIC FRANCHISE OF CHAPTER 23, UTILITIES FOR BID OF NON- EXCLUSIVE ELECTRIC FRANCHISE FOR THE PLACEMENT OF FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF HENDERSON FOR A TWENTY (20) YEAR DURATION, RESERVING THE RIGHT TO IMPOSE A FRANCHISE FEE NOT TO EXCEED FIVE PERCENT (5%) OF GROSS ANNUAL REVENUES FROM THE FRANCHISEE’S SALE OF ELECTRICITY TO ELECTRIC-CONSUMING ENTITIES INSIDE THE CITY OF HENDERSON’S CORPORATE LIMITS AND FURTHER PROVIDING FOR COMPLIANCE WITH RELEVANT LAWS, REGULATIONS AND STANDARDS; INDEMNIFICATION; INSURANCE; CANCELLATION OR TERMINATION; AND BID REQUIREMENTS; ALL EFFECTIVE ON DATE OF PASSAGE MOTION by Commissioner Bugg, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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: November 17, 2020 Maree Collins, CKMC, City Clerk________________________ REPORT: “Rezoning #1105 Cosby Drive & #1106 Borax Drive” 150 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 17, 2020 DAWN KELSEY, City Attorney, reported that the Planning Commission has acted upon the request for rezonings for 985 Cosby Drive and 394 Borax Drive, after conducting public hearings and producing findings of fact at their regular November 4, 2020 meeting. The Zoning Map Amendments shall be final and the development plan officially amended on Thursday, November 26, 2020, 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 November 25, 2020. ______________________ PRESENTATIONS: “Kentucky Recreation and Parks Society Award to Henderson War Memorial Foundation, Inc.” TRACE STEVENS, Parks, Recreation and Cemeteries Director, reported that at the November 4, 2020 Kentucky Recreation and Parks Society meeting a special citation was awarded to the Henderson War Memorial Foundation, Inc. for all they have done for veterans in our community. Mr. Stevens will present the official plaque at their meeting later this month. ________________________ MEETING ADJOURN: MOTION by Commissioner Bugg, seconded by Commissioner Royster, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 3:15 p.m. ___________________________ Steve Austin, Mayor ATTEST: May 25, 2021 ______________________ Maree Collins, CKMC City Clerk

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