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Board of Commissioners Meetings

Regular Meeting

Henderson, KY · June 8, 2021

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Minutes

72 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 8, 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 Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton (via Zoom video panelist) ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mr. Eric Shappell, Acting City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. Sean McKinney, Deputy Police Chief Mr. Ray Nix, Code Administrator Mr. Trace Stevens, Parks and Recreation Director Mr. Dylan Ward, Project Manager Mrs. Connie Galloway, Human Resources Director Mr. Sam Lingerfelt, Safety and Training Coordinator Mr. Greg Nunn, Information Technologies Director Mr. David Wright, Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Andy Rideout, Henderson County Cooperative Extension Agent Ms. Jesolyn Watson, Inter Henderson County Cooperative Extension Mrs. Ellen Redding, Henderson Chamber of Commerce President Mrs. Abby Dixon, Henderson Tourist Commission Reverend Charles Johnson, Henderson Human Rights Commission Executive Director Mr. Kevin Patton, the Gleaner (via Zoom) News 44 Crew ________________________ MAYOR AUSTIN announced that the vote on the Big Rivers Electric Company’s Offer to Purchase Henderson Municipal Power and Light has been postponed due to information and questions that needs further consideration that arose subsequent to the previous meeting. The City Commission felt that it was prudent to postpone a final decision until all information has been submitted and reviewed. Mayor Austin indicated that as soon as a new date has been determined, it will be announced.________________________ PRESENTATION: “Vision Plan – Central Business District Tree Inventory Program” ANDY RIDEOUT, Henderson County Cooperative Extension Agent for Horticulture introduced Intern JESOLYN WATSON before giving a brief presentation on the Central Business District Tree Inventory Project conducted in conjunction with the Henderson County Master Gardeners and Chris Raymer, Henderson County GIS Coordinator did the tree inventory mapping. He discussed the need to replace older and/or diseased trees and to diversify the 73 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 species of trees to avoid losing all the trees to a disease or insect. The plan will be implemented by the City’s Parks department personnel. ________________________ PRESENTATION: “Community Cleanup Initiative” ELLEN REDDING, Henderson Chamber of Commerce President and ABBY DIXON Henderson Tourist Commission Director reported on ways that the community can participate in helping to keep Henderson free of litter. The Take 10 Tuesdays – Be the solution not the pollution campaign is geared toward everyone participating for a few minutes a day, or a week, just whenever they can. If everyone would take just ten minutes once a week to pick up trash along their walking route, or around their business, or around their homes, our community would be a much better place, and this helps break down the litter issue into small manageable bits. ________________________ PRESENTATION: “Angel Initiative Program” SEAN MCKINNEY, Deputy Police Chief, gave an presentation to update the Board on the Angel Initiative Program. Kentucky State Police implemented the Program in each of their 16 Posts in March 2018. This Program has been discussed in Henderson for several years, however COVID-19 halted all movement on the program. Chief reported that from June 1, 2020 through June 1, 2021 there were 718 drug related arrests countywide, 24 drug overdoses (20 in City) and Henderson Police administered Narcan in 19 of those cases. The purpose of the Angel Initiative Program is to allow the Henderson Police Department to forge partnerships within the community in order to address addiction and to reduce and prevent overdoses. The Program provides any eligible person voluntarily seeking treatment assistance in finding that treatment without fear of prosecution. There are disqualifiers to the program which include: an outstanding warrant; convictions for three or more drug-related felony offenses as an adult; being a registered sex offender-treatment information can be provided so individuals can make their own arrangements; individuals under the age of 18 without parental consent to participate; no photo ID or other means to prove identity; and reasonable belief that the candidate may cause harm to the “Angel” or others. Chief McKinney reported that he and his staff would be working closely with the Kentucky State Police to implement this program; however, he indicated that it would not be identical to their program as the needs of Henderson are different from the needs of Post 16. DISCUSSION WAS HELD relating to service providers in Henderson and the surrounding area; and that Post 16 has only had two participants from Henderson County since 2019. Mayor Austin and the Commissioners thanked Chief McKinney for his work on this and the other good works the department does within the community. Mayor Austin indicated he looked forward to seeing this Program get underway. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: December 8, 2020, Called Meeting December 15, 2020, Called Work Session Resolution: 37-21: Resolution for Adoption of the 2021 Green River Area Development District Hazard Mitigation Plan Update Motion by Commissioner Vowels, seconded by Commissioner Thomas, to approve the items on the Consent Agenda as presented. 74 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 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 consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 10-21: SECOND READ BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 FOR THE CITY OF HENDERSON, KENTUCKY 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: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 11-21: SECOND READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, 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 75 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 ATTEST: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 12-21: SECOND READ ORDINANCE AMENDING PAY PLAN ORDINANCE APPROVING AMENDMENT TO PAY PLAN PROVIDING FOR ONE PERCENT (1%) INCREASE FOR EMPLOYEES EFFECTIVE JULY 1, 2021 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, 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: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 13-21: SECOND READ ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION ORDINANCE AMENDING CODE OF ORDINANCE CHAPTER 2 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. 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: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 14-21: SECOND READ ORDINANCE AMENDING CHAPTER 8 CEMETERIES ORDINANCE AMENDING CODE OF ORDINANCE CHAPTER 8 CEMETERIES, ARTICLE III FEES AND CHARGES, SECTION 8-51 INDIGENT BURIALS RAISING ADULT BURIAL PAYMENT AMOUNT TO EIGHT HUNDRED DOLLARS ($800.00) MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. 76 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that this issue had been brought before the City/County Cooperative Study Group by the Henderson County Coroner for review and discussion. The Coroner had explained that local funeral homes had become reluctant to handle indigent burials at the current fee of $100.00. They had indicated that their cost for these services was closer to $800.00. The City generally has approximately six to eight indigent burials per year. The County was reviewing a similar increase in their indigent burial fund also. 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: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 15-21: 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 Pruitt, seconded by Commissioner Thomas, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ MUNICIPAL ORDER NO. 32-21: MUNICIPAL ORDER AUTHORIZING SUB-LEASE BETWEEN THE CITY OF HENDERSON, HENDERSON RECREATION ASSOCIATION, INC. AND HENDERSON FLASH, LLC FOR USE OF BILL HEATH FIELD AND ASSOCIATED BALL FACILITIES LOCATED IN ATKINSON PARK AND AUTHORIZING MAYOR TO EXECUTE THE LEASE ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adopt the municipal order authorizing sub-lease of Bill Heath Field and associated ball facilities located in Atkinson Park between the City of Henderson, Henderson Recreation Association, Inc and Henderson Flash, LLC and authorizing the Mayor to execute the lease on behalf of the City. 77 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 WILLIAM L. “BUZZY” NEWMAN, JR., indicated that staff had been working on this over the past six to eight months and he wanted to express his thanks to Dylan Ward, Project Manager, for his hard work and due diligence on getting these two organizations together on this. He further indicated that if you have not driven by Park Field lately, you really should do so. The renovations are really noticeable, and the Friday opening night crowd was phenomenal. This is really good for the youth of Henderson to see. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 8, 2021 Maree Collins, CKMC, City Clerk ________________________ COMMISSIONERS’ REPORTS: COMMISSIONER THOMAS thanked Abby Dixon, Ellen Redding, Andy Rideout and others for all the good works they do in our community. ________________________ COMMISSIONER VOWELS expressed his disappointment in the vaccination rate of only 30% for Henderson County. He encouraged everyone to get vaccinated so that we can re- open our community. ________________________ COMMISSIONER STATON expressed appreciation to Chief McKinney for keeping him updated on the Angel Initiative Program and for all of the other projects the Police Department participates in and their efforts for updating policing policies. ________________________ RE-APPOINTMENT: Code Enforcement Board Ms. Lisa O’Nan – Term to Expire June 30, 2021 Mr. Matt Calvert – Term to Expire June 30, 2021 Motion by Commissioner Pruitt, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to re-appoint Ms. Lisa O’Nan and Mr. Matt Calbert to three-year terms on the Code Enforcement Board. Said terms to expire June 30, 2024. 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: ________________________ 78 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 8, 2021 MEETING ADJOURN: MOTION by Commissioner Pruitt, 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 4:15 p.m. ___________________________ ATTEST: Steve Austin, Mayor May 10, 2022 ______________________ Maree Collins, CKMC City Clerk

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