Board of Commissioners Meetings

35 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 13, 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 SB150. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Rodney Thomas Commissioner Austin P. Vowels (via Zoom video panelist) Commissioner Robert N. Pruitt, Sr. (via Zoom video panelist) Commissioner Bradley S. Staton ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Ms. Dawn Kelsey City Attorney Mrs. Karla Beckgerd, Acting City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Heath Cox, Police Chief Mrs. Sarah Cox Mr. Russell Stoner, Police Sergeant Ms. Tammy Willett, Community Development Specialist Ms. Jessie Howard, GRADD Special Projects Coordinator (via Zoom video panelist) Ms. Missy Vanderpool, Henderson Economic Development Executive Director Ms. Ellen Redding, Henderson Chamber of Commerce President Reverend Charles Johnson, Human Rights Commission Executive Director ________________________ PROCLAMATION: “Fair Housing Month” MAYOR AUSTIN proclaimed the month of April 2021 as “Fair Housing Month” in Henderson, Kentucky, and urged all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. Reverend Charles Johnson, Human Rights Executive Director, and Ms. Tammy Willett, Community Development Specialist, were present to accept the proclamation. TAMMY WILLETT, Community Development Specialist, thanked the Board for their continued support of fair housing. ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Chief of Police Heath Cox for his 20 years of service and dedication to the City of Henderson. HEATH COX, Chief of Police, thanked the Mayor and expressed his appreciation to his co-workers for their team efforts. ________________________ 36 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 2021 PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Sergeant Russell Stoner for his 20 years of service and dedication to the City of Henderson. RUSSELL STONER, Police Sergeant, thanked the Mayor and Commissioners. ________________________ PRESENTATION: “Small Business Grant Update” ELLEN REDDING, Henderson Chamber of Commerce President, and MISSY VANDERPOOL, Henderson Economic Development Executive Director, reported that they met with City Manager Newman weekly for several months to review the applications received for this program with 32 small businesses in our community awarded $300,000.00. A total of $384,000.00 was requested with only ten applicants not meeting the qualifications. They indicated that each of the recipients expressed appreciation for this financial help to keep their businesses going. MAYOR AUSTIN thanked them for their hard work and dedication to this great program to help our local folks. ________________________ PUBLIC MEETING: “Land and Water Conservation Fund Grant – Sports Complex” MAYOR AUSTIN declared the Public Hearing on the City of Henderson Sports Complex to order at approximately 3:15 p.m. and asked that the details of the application be read into the minutes. DONNA STINNETT, Community Relations Manager/Public Information Officer, and JESSIE HOWARD, Green River Area Development District Special Projects Coordinator, reported that this is one of the steps for the City to apply for a Land and Water Conservation Fund Grant in support of this phase of the new Sports Complex. Ms. Howard explained that the LWCF program provides federal grant funds to protect important natural areas, acquire land for outdoor recreation and to develop or renovate public outdoor recreation facilities such as campgrounds, picnic areas, sports and playfields, swimming facilities, boating facilities, fishing facilities, trails, natural areas and passive parks. The application is for $250,000.00, which is the maximum for this grant, to be used for the second phase of construction which includes: six ball diamonds, and associated lighting; a concession stand and restroom area; parking lot; driveways and pedestrian walkways totaling approximately $2.9 million. MAYOR AUSTIN asked if there were any questions or comments, hearing none, the public hearing was declared closed at approximately 3:22 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: September 22, 2020, Called Meeting September 22, 2020, Called Work Session September 24, 2020, Called Meeting Resolutions: Res. 22-21: Resolution Authorizing Submittal of Grant Application to the AARP Livable Communities Challenge Grant Program in the Amount of $71,400.00 Accepting Grant if Awarded; and Authorizing the Mayor to Sign all Necessary Documents  37 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 2021 Res. 23-21: Resolution Authorizing and Directing the City Attorney’s Office to Proceed with Action to Collect Outstanding Debts Owed to the City of Henderson, Including Judicial Action if Deemed Appropriate Motion by Commissioner Staton, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 13, 2021 Karla Beckgerd, Acting City Clerk ________________________ ORDINANCE NO. 07-21: SECOND READ ORDINANCE AMENDING SIGNS AND OUTDOOR ADVERTISING DISPLAYS ORDINANCE AMENDING ARTICLE X, SIGNS AND OUTDOOR ADVERTISING DISPLAYS; SECTION 10.03. DEFINITIONS AND INTERPRETATION; SECTION 10.06. DESIGN, CONSTRUCTION, AND MAINTENANCE; SECTION 10.08. SIGNS IN THE PUBLIC RIGHT-OF-WAY; SECTION 10.09. SIGNS EXEMPT FROM REGULATION UNDER THIS ARTICLE; SECTION 10.11. BILLBOARDS; SECTION 10.12. TEMPORARY SIGNS; SECTION 10.21. PENALTIES FOR VIOLATION; AND BY DELETING APPENDIX #3 OF THE CITY OF HENDERSON’S ZONING ORDINANCE MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 13, 2021 Karla Beckgerd, Acting City Clerk ________________________ ORDINANCE NO. 08-21: SECOND READ ORDINANCE AMENDING CHAPTER 23, UTILITIES AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 23, UTILITIES, ARTICLE V, RATES AND CHARGES, SECTION 23-100, DUE DATES TO ADD BUDGET BILLING OPTIONS FOR WATER, WASTEWATER, 911, AND SANITATION FEES MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. 38 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 2021 The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 13, 2021 Karla Beckgerd, Acting City Clerk ________________________ CITY MANAGER’S REPORT: “Rezoning #1117 – 419 Powell Street” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for 419 Powell Street, after conducting a public hearing and producing findings of fact at their regular April 6, 2021 meeting. The Zoning Map Amendments shall be final and the development plan officially amended on Wednesday, April 28, 2021, 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 April 27, 2021. ______________________ RESOLUTION NO. 24-21: RESOLUTION ACCEPTING GRANT FROM THE FEDERAL EMERENCY MANAGEMENT AGENCY (FEMA) REGION IV PASS-THROUGH ENTITY – KENTUCKY EMERGENCY MANAGEMENT, UNDER THE PUBLIC ASSISTANCE GRANT PROGRAM DUE TO THE COVID-19 PANDEMIC MOTION by Commissioner Thomas, seconded by Commissioner Staton, to accept pass- through grant funds due to the COVID-19 pandemic under the FEMA Public Assistance Grant Program. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 13, 2021 Karla Beckgerd, Acting City Clerk ________________________ COMMISSIONERS’ REPORTS: COMMISSIONER THOMAS urged everyone to get their COVID-19 vaccination. ________________________  39 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 2021 COMMISSIONER VOWELS reported that he would like to discuss options that were presented at an earlier work session relating to residential housing and what the city might do to help lessen the current housing shortage. He explained that there were five potential steps proposed to promote an overall Residential Housing Program: 1) Defer property taxes for three to five years on property annexed into the city for housing development. He asked that the Commission be polled on whether or not this was something they were interested in pursuing. Mayor Austin polled the Commissioners, and all were in favor of having staff work on moving forward with this proposal. Commissioner Vowels continued with 2) Waiving hookup fees. Fees collected in the past several years range from $15,000.00 to $40,000.00 per year. He agreed with Codes division staff that these fees don’t seem to be prohibiting anyone from moving forward on projects. Mayor Austin indicated that the utilities have some expense to this and that this would need to be discussed with the utilities to determine their needs. It was determined to hold on this proposal until discussion with the utilities could be concluded. Commissioner Vowels continued with 3) Moratorium of property taxes on vacant lots that are used to build residential housing and 4) Moratorium of property taxes on property that is subsequently subdivided for residential housing. He indicated that after discussing these proposals with the PVA Administrator, he came to the conclusion that these are not allowed under the moratorium statutes, and he would not ask to move them forward. 5) Development Grant Program. He proposed setting up a grant program with a minimum of $50,000.00 to start to allow up to $2,000.00 per structure with a maximum of three reimbursable grants per contractor to be used to help offset hookup and permitting fees, survey fees, rezoning fees, subdividing fees or building and labor costs for anyone constructing residential housing within the city. He concluded by reporting that last year at this time there were only 40 houses on the market and that was considered a housing crisis, today there are only ten houses on the market, this is now beyond a housing crisis. William L. “Buzzy” Newman, Jr., City Manager, indicated that the subject of grants is something that staff needs to review to determine legality of such a program. He further indicated that the Planning Commission staff has a meeting set up for later in the week with a contractor/developer to discuss the reasons why they are not more interested in building in Henderson. Staff will continue to work with Planning Commission and others to determine how best to serve this industry. Mayor Austin polled the Commissioners, and all were in favor of having staff continue to look at the possibility of a grant program and any other ideas that may come out of meetings with developers. Commissioner Staton indicated that the City may look very different in ten to twenty years and asked that staff also review where residential growth through annexations may be in the future. City Manager Newman indicated that now that the I-69 route has been determined, Planning Commission staff had indicated the need for an update to the Comprehensive Plan. ________________________ COMMISSIONER STATON reported that a recent newspaper article was very timely in that the City/County Cooperative Study Group had Real ID testing locations on their May agenda to meet with Senator Robby Mills and Henderson County Circuit Court Clerk Herb McKee to reiterate Henderson’s request to have a Real ID location so that locals don’t have to drive 45 minutes or more. Commissioner Staton further reported that recycling bins are still in great demand, and even after spending an additional $5,000.00 for bins we are about 30 bins shy of meeting the needs of our program. Discussion was held regarding the need for additional bins; the rising cost of these bins; if an additional $0.05 should be assessed to raise approximately $6,000.00 annually to pay for the increased number of bins – it was determined to leave the fee as is and reassess at a future date; that we are currently six to ten years into this program with these bins and we will soon have need to start replacing them each year; and it was further agreed to approve spending another $5,000.00 on bins to get everyone on the list a bin and that should get us through until the next fiscal year budget. ________________________ 40 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 13, 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 Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 3:55 p.m. ___________________________ ATTEST: Steve Austin, Mayor March 22, 2022 ______________________ Maree Collins, CKMC City Clerk