Board of Commissioners Meetings

164 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 15, 2020, at approximately 3:40 p.m., prevailing time, (immediately following the special called work session of the Board of Commissioners) 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, public attendance was not 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 and SB150. 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: 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. Kathryn “Kat” Lea, Accounting Manager Mr. Dylan Ward, Project Manager Mr. Scott Foreman, Fire Chief Mr. Jeff Crafton, Fire Lieutenant Ms. Rogena Bugg, School Crossing Guard Mr. Greg Nunn, IT Director (via Zoom) Mr. Cory Fischbeck, IT Applications Programming Manager (via Zoom) Mr. Victor Carson, IT Network Administrator Ms. Donna Crowe, Programmer/Analyst Mr. Malcom Neel III, ATA CPAs, LLC Mr. Dwight Williams (via Zoom video panelist) Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PRESENTATION: “City of Henderson Report on Audited Financial Statements for Fiscal Year Ended June 30, 2020” MALCOLM NEEL, III, ATA CPA LLC, presented the FY2020 Comprehensive Annual Financial Report. Mr. Neel reported that Finance Director Robert Gunter and his staff do a great job, and it is reflected in the 20 plus years of receiving the Certificate of Achievement for Excel- lence in Financial Reporting and receiving their third Popular Annual Financial Reporting Award. He indicated that an audit is more than just the review of the City’s finances. An Audit Risk Assessment which includes control environment and activities, accounting records, quality of information provided, and monitoring, are all reviewed. Mr. Neel gave a ‘clean’ opinion of the financial statements and indicated that the city is on solid financial ground despite multiple issues such as increased pension requirements and escalating employee health costs. MAYOR AUSTIN reported that the Audit Committee consisting of Commissioner Staton, Commissioner Royster, and City Manager William L. Newman, Jr. received a more in-depth presentation at their December 8th meeting. COMMISSIONER STATON asked about the $2.1 million fund balance and what that would have been without the CARES funds. Mr. Neel reported that the fund balance would have had an increase of approximately $700,000.00 without the CARES funds. Commissioner Staton  165 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 indicated that the fund balance had an increase due to the careful way things were managed. Without objection the report was accepted. MOTION by Commissioner Royster, seconded by Commissioner Staton, to accept the Report on Audited Financial Statements for Fiscal Year ended June 30, 2020, as presented by Mr. Mac Neel, ATA CPAs. 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: ________________________ PRESENTATION: “25-Year Service Award” MAYOR AUSTIN expressed appreciation to School Crossing Guard Rogena Bugg for her 25 years of service and dedication to the City of Henderson. ________________________ ORDINANCE NO. 31-20: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED OFF OF KENTUCKY HIGHWAY 812 (A.K.A AIRLINE ROAD), IN HENDERSON COUNTY, CONTAINING THE FOLLOWING PVA PARCELS: 67C-1; 67C-2; 67C-3; 67C-4; 67C-5; 67C-6; 67C-7; 67C-8; 67C-9;67C-10; 67C-11; 67C-12;67C-13; 67C-14; 67C-15; 67C-16; 67C-17; 67C-18; 67C-19; 67C-20;67C-21; 67C-22; 67C-23; 67C-24; 67C-25; 67C-26; 67C-27; 67C-28; 67C-29; 67-C30; 67C-31; 67C- 32;67C-33; 67C-34; 67C-35; 67C-36; 67C-37; 67C-38; 67C-39; 67C-40; 67C-41; 67C-42; 67C- 201; 67C-202; 67C-203; 67C-204; 67C-205; 67C-208; 67C-209; 67C-210; 67C-211; 67C-212; 67C-213; 67C-214; 67C-215; 67C-216; 67C-217; 67C-218; 67C-219 AND THE PORTION OF KENTUCKY HIGHWAY 812 FRONTING BENT CREEK SUBDIVISION & BENT CREEK ESTATES MOTION by Commissioner Royster, seconded by Commissioner Staton, that the ordinance be adopted. MR. DWIGHT WILLIAMS indicated that he and several neighborhood members wanted to know if the city actually owns the Hillview property to make this contiguous for this annexation. DAWN KELSEY, City Attorney, responded that the city closed on the property December 4, 2020; however, the Hillview property owners had previously requested annexation. MAYOR AUSTIN indicated that Mr. Lambert was very good to work with on that transaction and the process went smoothly for everyone. 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.  166 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 /s/ Steve Austin Steve Austin, Mayor ATTEST: December 15, 2020 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 32-20: SECOND READ ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 1, ADMINISTRATION, ARTICLE II, BOARD OF COMMISSIONERS, SECTION 2-20, MEETINGS TO CHANGE THE MEETING TIMES FROM 5:30 P.M. TO 3:00 P.M. FOR A SIX-MONTH PERIOD BEGINNING JANUARY 1, 2021, AND ENDING IN JULY 1, 2021 MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster -- Nay: 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: December 15, 2020 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 33-20: FIRST 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 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ RESOLUTION NO. 52-20: RESOLUTION CREATING THE SMALL BUSINESS CONTINUITY GRANT PROGRAM IN THE AMOUNT OF $300,000.00 PROVIDED BY THE CITY OF HENDERSON THROUGH HENDERSON KENTUCKY ECONOMIC DEVELOPMENT TO BE DISTRIBUTED TO SMALL BUSINESSES IN THE CITY OF HENDERSON THAT HAVE BEEN (OR WILL BE) ADVERSELY AFFECTED BY THE ONGOING PANDEMIC MOTION by Commissioner Royster, seconded by Commissioner Staton, approving the creation of the City of Henderson Small Business Continuity Grant Program plan and application.  167 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 COMMISSIONER STATON reported that this has come to fruition at a really fast pace. He expressed appreciation to staff for getting this together so quickly. He further reported that at this time the full extent of the need for this program is unknown and he was amenable to reviewing this again in the future. 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 resolution approved, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 15, 2020 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 53-20: RESOLUTION AUTHORIZING ACCEPTANCE OF A CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (”CARES ACT”) FUNDS IN THE AMOUNT OF $635,064.00 TO PROVIDE FUNDING TO ENABLE COMMUNITIES TO PREVENT, PREPARE FOR, AND RESPOND TO CORONAVIRUS; AND AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Royster, seconded by Commissioner Vowels, approving the acceptance of CARES Act COVID-19 Relief Reimbursement Funds in the amount of $635,064.00. 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 resolution approved, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 15, 2020 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 40-20: MUNICIPAL ORDER AUTHORIZING PURCHASE OF SIX (6) POLICE VEHICLES FROM GLENN’S FREEDOM DODGE IN LEXINGTON, KENTUCKY, AT THE STATE PRICE CONTRACT, IN THE AMOUNT OF $164,370.00 MOTION by Commissioner Royster, seconded by Commissioner Staton, authorizing the purchase of six police vehicles from Glenn’s Freedom Dodge, Lexington, Kentucky, at the State Price Contract in the amount of $164,370.00. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye:  168 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 Commissioner Bugg ----- Aye: Mayor Austin ------------- 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: December 15, 2020 Maree Collins, CKMC, City Clerk ________________________ REPORT: “Rezoning #1109 N. Adams Street & #1110 River’s Edge Drive” DAWN KELSEY, City Attorney, reported that the Planning Commission has acted upon the request for rezonings for 1100 North Adams Street and River’s Edge Drive, after conducting public hearings and producing findings of fact at their regular December 3, 2020 meeting. The Zoning Map Amendments shall be final and the development plan officially amended on Thurs- day, December 24, 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 De- cember 23, 2020. ______________________ MISCELLANEOUS: Ordinance Review – Zoning Ordinances, Animated Signs in Gateway District DAWN KELSEY, City Attorney, indicated that the Commissioners may recall that animated signage in the Gateway Zone District as a conditional use was recently added at the request of a local business. The current ordinance allows an electronic animated sign not more than 4’ high and 6’wide for a total of 24 square feet. Subsequently it has been brought to our attention that while the standard electronic animated sign is 24 square feet they are actually 3’ by 8’ in size. In order to make this amendment, we will need to formally submit this requested change to the Planning Commission for review and action. MOTION by Commissioner Royster, seconded by Commissioner Staton, approving forwarding amendments to the Zoning Ordinances for this requested change. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Nay: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: ________________________ COMMISSIONERS’ REPORT: MAYOR AUSTIN reminded everyone of the called meeting scheduled for tomorrow, Wednesday, December 16th at 3:00 p.m. ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(B) for the purpose of deliberation on the purchase of real property located near Highway 351 and Airline Road. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye:  169 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 15, 2020 Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ 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: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- 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: 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 5:10 p.m. ___________________________ Steve Austin, Mayor ATTEST: March 8, 2022 ______________________ Maree Collins, CKMC City Clerk