Board of Commissioners Meetings

10 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 9, 2021, 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, and SB 150. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Bradley S. Staton (via Zoom video panelist) Commissioner Rodney Thomas (via Zoom video panelist) Commissioner Robert N. Pruitt, Sr. (via Zoom video panelist) Commissioner Austin P. Vowels (via Zoom video panelist) 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 (via Zoom) Mr. Robert Gunter, Finance Director Mr. Scott Foreman, Fire Chief Mr. Nick Mangarella, Fire Lieutenant Mr. Heath Cox, Police Chief Mr. Dylan Ward, Project Manager Mr. Greg Nunn, Information Technology Director Mr. Bill Raleigh, IT Support Specialist Mr. Mark Chumbler, Henderson County Restoration and Recovery Fund Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PRESENTATION: “Henderson County Restoration and Recovery Fund” MARK CHUMBLER, Henderson County Restoration and Recovery Fund, explained that this Fund was patterned after the COVID-19 Crisis Relief Fund of Southern Indiana, which has to date raised $5.1 million. The HCRRF was created to assess the needs of our tax-exempt service organizations as to how much they have been impacted by COVID and to help lessen the gap in their funding deficits. The goal is to raise $250,000.00 and currently has commitments of $125,000.00 including a $25,000.00 commitment from the County. He explained that they are requesting this same amount from the City and others to meet their goal. MAYOR AUSTIN reported that there are funds available from the $300,000.00 that the City previously designated for COVID-19 relief purposes. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas to approve the donation of $25,000.00 of the designated COVID-19 relief funds to the Henderson County Restoration and Recovery Fund. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Resolutions: 13-21: Resolution Authorizing Submittal of Grant Application to  11 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 the U.S. Department of Homeland Security, Federal Emergency Management Agency Under the Assistance to Firefighters Grant Program, in the amount of $252,376.00 with a 10% Match to Fund Ways to Support the Health and Safety of Personnel for the Fire Department, Accepting Grant if Awarded; and Authorizing the Mayor to Sign All Necessary Documents 14-21: Resolution Authorizing Submittal of Grant Application to the U.S. Department of Homeland Security, Federal Emergency Management Agency Under the Fire Prevention and Safety Program, in the Amount of $143,925.00 with a 5% Match for the Fire Department, Accepting Grant if Awarded, and Authorizing the Mayor to Sign All Necessary Documents Municipal Order: 02-21: Municipal Order Awarding Bids for Mowing of the City Properties as Follows: Group A1 - Hays and Atkinson Park to Knight’s Landscaping of Henderson, KY; Group A2 - Riverwalk and Downtown Parks from 12th Street to Riverview School to Dukes Landscaping of Robards, KY; and Group A3 - Kimmel Park, East End Park, Community Park, the JFK Center, and Brooks and Newman Parks to Knight’s Landscaping of Henderson, KY 03-21: Municipal Order Awarding Bid for Mowing of City Properties in Group B which consist of some City Buildings, Small City Properties, City Right-of-Way Property, and Property Acquired by Foreclosure to Brandon’s Lawn and Landscaping of Henderson, KY 04-21: Municipal Order Awarding Bid for Mowing of City Cemeteries to Knight’s Landscaping, LLC of Henderson, KY Motion by Commissioner Staton, seconded by Commissioner Thomas, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 9, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 02-21: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING AN ORDINANCE AMENDING APPENDIX A – ZONING, ARTICLE XXXIII, GATEWAY ZONE DISTRICT, SECTION 33.14, SIGNAGE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: 12 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: February 9, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 03-21: FIRST READ AN ORDINANCE AWARDING A NON-EXCLUSIVE FRANCHISE TO KENERGY CORP. FOR A TERM OF TWENTY (20) YEARS FOR AN ELECTRIC SYSTEM WITHIN THE CONFINES OF THE CITY OF HENDERSON, KENTUCKY AND AUTHORIZING THE MAYOR TO SIGN A FRANCHISE AGREEMENT WITH KENERGY CORP. MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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. 04-21: FIRST READ ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY AN ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 144 FEET OF THE 200 FOOT, 8.75 FOOT WIDE UNIMPROVED ALLEYWAY LOCATED IN THE CITY OF HENDERSON AND RUNNING FROM SOUTH JULIA STREET TO APPROXIMATELY 56 FEET FROM A T-ALLEY AT THE MIDPOINT OFF THE 1000 BLOCK OF POWELL STREET MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., explained that this budget amendment is for  13 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 the over hire of additional temporary non-hazardous duty positions that are deemed necessary for succession training purposes. This will allow sufficient time for training and assistance for upcoming retirements. ORDINANCE NO. 05-21: FIRST READ ORDINANCE RELATING TO BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING SECTION #4 OF THE BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING JUNE 30, 2021 FOR THE CITY OF HENDERSON, KENTUCKY BY ADDING AUTHORIZATION FOR THE CITY MANAGER TO HIRE ADDITIONAL TEMPORARY NON-HAZARDOUS DUTY PERSONNEL FOR KEY POSITIONS WHEN DEEMED NECESSARY FOR SUCCESSION TRAINING PURPOSES MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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. 06-21: FIRST READ ORDINANCE REGARDING ANNEXATION PHASE 2 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-44, 67C-45, 67C-46, 67C-47, 67C-48, 67C-49, 67C- 50, 67C-51, 67C-52, 67C-53, 67C-55, 67C-56, 67C-58, 67C-61, 67C-62, 67C-63, 67C-64, 67C- 65, 67C-66, 67C-67, 67C-68, 67C-69, 67C-70, 67C-71, 67C-72, 67C-73, 67C-74- 67C-75, 67C- 76, 67C-77, 67C-78, 67C-79- 67C-80, 67C-81, 67C-82, 67C-83, 67C-84, 67C-85, 67C-86 AND 67C-224 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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. 15-21: 14 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 RESOLUTION TO SUPPORT LEGISLATION PROTECTING HISTORICAL HORSE RACING IN THE COMMONWEALTH OF KENTUCKY MOTION by Mayor Austin, seconded by Commissioner Thomas, to adopt the resolution to support legislation protecting historical horse racing in the Commonwealth of Kentucky. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 9, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 05-21: MUNICIPAL ORDER APPROVING CHANGE ORDER #1 FOR THE PURCHASE OF A PUMPER APPARATUS FOR THE FIRE DEPARTMENT FROM SEAGRAVE FIRE APPARATUS, LLC OF CLINTONVILLE, WI IN THE AMOUNT OF $13,527.00 MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to approve Change Order #1 in the amount of $13,528.00 for modifications of the current specifications to better suit fire department needs. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 9, 2021 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that there will be need for a work session next Tuesday at 3:00 p.m. ________________________ DAWN KELSEY, City Attorney, reported that the last three properties on the City’s mass foreclosure list, 228 Rudy Drive with house, 1437 Loeb Street with house, and 508 Letcher Street (vacant lot) are scheduled for sale on February 10th at 10:30 a.m. and that work has begun for dates for the next set of properties. ________________________  15 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 HEATH COX, Police Chief, reported on the accomplishments of the HPD for the calendar year 2020. These items include: creation of a retired officer program; continued outfitting officers with load bearing vests; conducted first supervisor training; replaced five police cruisers; placed officer at the Henderson Community College; recorded the second lowest reported crime year in the last ten years; accidents are down 23% and injury accidents are down 35% over the previous year; and updated policies reflecting best practices according to executive order issued by the President and KLEC recommendations. Chief Cox also presented five goals for 2021: reduce total crime by five percent; reduce thefts from vehicles by ten percent; increase applicant pool by 15% and increase minority recruiting by ten percent; identify and train new instructors in Taser, Firearms, COR, Defensive Tactics and Driving disciplines; and develop and conduct Sergeants Training Course. ________________________ DYLAN WARD, Project Manager, presented information on Phase 1 of the project including design of utilities, grading, and overall layout of the site and comments gleaned from the recent sports complex public meeting. Public comments included: ensuring adequate parking and remove grassy areas; provided additional entrance/exit to the park; consider adding a turn lane on Airline Road; grade future development areas so they can be used as practice fields in the interim; consider making one or more of the multi-purpose fields turf; consider adding certain quality of life amenities such as playgrounds, walking trails, disc golf, etc. in open areas; and consider including an indoor swimming facility. Future phases of this project will include hiring a specialized architect to design each detail of the facility. COMMISSIONER VOWELS suggested that the approval of moving forward with this Plan should be suspended until after the aquatic group has made their presentation at a future meeting. It was determined that this phase of layout and grading would not interfere with any future plans to add other facilities to the overall park. ________________________ COMMISSIONERS’ REPORTS: COMMISSIONER STATON asked for an update on the old Weaverton School building. Dawn Kelsey reported that she has recently met with the owner and his insurance company. She explained that part of the delay was that the person handling the claim became very ill and subsequently passed away. A citation of condemnation has been issued, which will probably be appealed at the March Code Enforcement Board meeting. We believe the owner will request a 90-day extension to resolve the insurance issues so that he can bring the building down. ________________________ COMMISSIONER THOMAS commented that the litter issue in town seems to be getting worse and he would ask that all citizens please use the trash cans. ________________________ MAYOR AUSTIN polled the Commissioners if there was interest in moving forward with the Lowest Law Enforcement Priority Ordinance that was presented at an earlier meeting. Commissioner Staton reminded everyone that this would be a local ordinance that does not legalize marijuana, only authorizes local law enforcement the opportunity to not issue a citation for possession of ½ ounce or less of cannabis. Each of the Commissioners agreed to move forward with the ordinance. Mayor Austin indicated that he was compelled to say he was against this ordinance, however he asked staff to move forward creating an ordinance to future meeting. ________________________ 16 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 9, 2021 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:35 p.m. ___________________________ ATTEST: Steve Austin, Mayor March 8, 2022 ______________________ Maree Collins, CKMC City Clerk