Board of Commissioners Meetings

33 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 8, 2022, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center, 222 First Street, Henderson, Kentucky designated as the primary location for this video teleconference meeting as a result of the state of emergency declared by the President of the United States, the Governor of Kentucky and the Mayor of the city of Henderson 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. The meeting was conducted in accordance with KRS 61.826 and SB150. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels (via Zoom Panelist) ABSENT: Commissioner Robert N. Pruitt, Sr. 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 Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks Recreation & Cemetery Director Mrs. Connie Galloway, Human Resources Director Mr. Ray Nix, Codes Administrator Mr. Dylan Ward, Project Manager Mrs. Donna Madden, Administrative Secretary Mr. Bill Raleigh, IT Support Specialist Mr. David Wright, IT Network Administrator II Mr. Bart Boles, Henderson Water Utility Project Engineer Dr. Bob Lawson, Henderson County School Superintendent Ms. Meredith Schmitt, Hendersonians for an Aquatic Center Committee Ms. Coral Haynes, South Middle School Boys/Girls Cross-Country Coach Mr. Tim Farley, Audubon Flyers Disc Golf Mr. Ryan Sanders, Audubon Flyers Disc Golf Mr. Clay Bolin, Henderson Flash Mr. Brian Rush Rev. Charles Johnson, Human Rights Commission Executive Director Mr. Daniel Pennaman, Police Officer Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ RECOGNITION OF VISITORS: REVEREND CHARLES JOHNSON, Henderson Human Rights Commission Executive Director, announced that the Human Rights Commission would be sponsoring talks at the Housing Authority of Henderson focusing on policing policies in our community next Tuesday, March 15th from 5:30 p.m. to 7:30 p.m. ________________________  34 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 PRESENTATION: “Park Field Renovation Funding Request” CLAY BOLIN, Henderson Flash, extended a thank you to Mayor Austin and the Commissioners for all the continued support of Henderson Flash, not only with giving them the opportunity to make the move to Park Field, but all of the investment for the renovations. They have received many compliments from the community as well as teams coming in with the condition of the complex and field. He explained that there were some overruns on expenses for renovating the complex and he requested that the City provide an additional $25,000.00 toward the more that $34,000.00 of additional expenses. WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, indicated that all of the additional expenses had been discussed with city staff and were necessary for bringing the complex up to standards. Motion by Commissioner Staton, seconded by Commissioner Thomas, to approve the additional $25,000.00 to Henderson Flash for renovation expenses at Park Field, which will require an end of year budget amendment. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the motion approved. ________________________ PRESENTATION: “Girls & Boys Cross-Country Track Team and Audubon Flyers Disc Golf Requests” CORAL HAYNES, Girls and Boys Cross-Country Track Coach, and TIM FARLEY, Audubon Flyers Disc Golf representative, presented plans to improve and expand the current disc golf course and grass trails at the former municipal golf course. Mr. Farley indicated that most of the disc golf improvements would be provided by his organization and would allow them the ability to host larger tournaments by expanding onto the former golf course property. Ms. Haynes indicated that the additional signage and course markers would improve their trainings and meets. Both organizations indicated that they had worked together to come up with a plan for this multi-purpose use. Motion by Commissioner Staton, seconded by Commissioner Thomas, to approve the requests of Girls and Boys Cross-Country Track and Audubon Flyers Disc Golf for improvements to the former Municipal Golf Course property and the Disc Golf Course as outlined in their Phase I proposal, which may require an end of year budget amendment. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the motion approved. ________________________  35 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 PRESENTATIONS: “Aquatic Center Feasibility Study Request Update” MEREDITH SCHMITT, Hendersonians for an Aquatic Center Committee, indicated that the study is needed to determine if an aquatic center can be self-sustaining rather than a “money- pit” that would have to be maintained and staffed. DISCUSSION WAS HELD relating to the study; the possible locations for an aquatic center including at or near YMCA property; locations that may become affected by the I-69 project; and participation by the Henderson Tourist Commission. Motion by Commissioner Staton, seconded by Commissioner Thomas, to approve funding one-half of the $30,000.00 feasibility study for an aquatic center with Henderson Tourist Commission in charge of carrying out the study. MAYOR AUSTIN indicated that the City had previously committed to a three-way split to include the school system. He further indicated that he would really like to see more involvement with the YMCA, if they are interested. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Nay: WHEREUPON, Mayor Austin declared the motion approved. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: December 15, 2020, Called Meeting December 16, 2020, Called Meeting January 12, 2021, Regular Meeting January 26, 2021, Regular Meeting February 9, 2021, Regular Meeting February 16, 2021, Work Session Resolutions: 04-22: Resolution Approving Third Amendments to Easement and Right of Way Over Property on Outer Second Street Granted to Bernie A. Teeter Which Amendment Extends term for Ten (10) Additional Years; and Authorizing the Mayor to Execute the Third Amendment to Easement and Right of Way on Behalf of the City of Henderson Municipal Orders: 15-22: Municipal Order Approving Deed of Easement Between JDPHD Investment Group, LLC, and the City of Henderson, For the Use and Benefit of the Water and Sewer Commission of the City of Henderson, Kentucky, DBA Henderson Water Utility (HWU); and Authorizing the Mayor to Execute the Easement on Behalf of the City of Henderson 16-22: Municipal Order Awarding Bid for Purchase of Police Uniforms and Accessories to Siegel’s Corporation of Evansville, Indiana in the Amount of $30,122.50 Motion by Commissioner Thomas, seconded by Commissioner Staton, to approve the items on the Consent Agenda as presented.  36 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: March 8, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 06-22: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY (SEWER) IMPROVEMENTS ON PROPERTY LOCATED AT 949 PEBBLE CREEK DRIVE (PVA PARCEL #65-29), AND KNOWN AS PEBBLE CREEK APARTMENTS, IN THE CITY OF HENDERSON MOTION by Commissioner Staton, 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 ----- Absent: 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. 07-22: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING AN ORDINANCE AMENDING ARTICLE XXX-RIVERFRONT ZONES, SEC. 30.05- RF-4 RIVERFRONT RESIDENTIAL, OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, TO ALLOW FAMILY CHILD CARE HOMES AS A CONDITIONAL USE 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 ----- Absent: 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. ________________________  37 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 RESOLUTION NO. 05-22: RESOLUTION AUTHORIZING THE APPLICATION TO, AND ACCEPTANCE OF FUNDS FROM, THE DELTA REGIONAL AUTHORITY; AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS MOTION by Commissioner Thomas, seconded by Commissioner Staton, authorizing the application to, and acceptance of funds if awarded, from The Delta Regional Authority for the Henderson Municipal Gas Pipeline Extension Project, which extends the natural gas line to Pratt Paper. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: March 08, 2022 Maree Collins, City Clerk ________________________ RESOLUTION NO. 07-22: JOINT RESOLUTION OPPOSING PASSAGE OF HOUSE BILL 214 AMENDING KRS 23A.020 TO ELIMINATE HENDERSON DISTRICT COURT, DIVISION 2 (51ST JUDICIAL DISTRICT) AND ITS NEGATIVE IMPACT ON THE CITIZENS OF THE CITY OF HENDERSON AND HENDERSON COUNTY AND THE LONG TERM NEGATIVE ECONOMIC IMPACT MOTION by Commissioner Staton, seconded by Commissioner Thomas, approving a joint resolution with Henderson County Fiscal Court in opposition of the passage of House Bill 214 amending KRS 23A.020 to eliminate Henderson District Court, Division 2 (51st Judicial District) due to its negative impact on the citizens of the City of Henderson and Henderson County and the long term negative economic impact. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: March 08, 2022 Maree Collins, City Clerk ________________________  38 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 MUNICIPAL ORDER NO. 17-22: MUNICIPAL ORDER ACCEPTING PROPOSAL FOR INCENTIVE CONSULTING SERVICES BY COMMONWEALTH ECONOMICS OF LEXINGTON, KENTUCKY, FOR A PROPOSED TAX INCREMENT FINANCING (TIF) PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE ACCEPTANCE ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Thomas, approving acceptance of the proposal for engagement of Commonwealth Economics of Lexington, Kentucky, to provide consulting services for the City for a proposed Tax Increment Finance (TIF) project on U.S. Highway 60 East. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: March 08, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, announced that a joint work session with the Utility Commission had been scheduled for next Tuesday, March 15th at 3:00 p.m. for discussion relating to the HMPL Payment In Lieu of Taxes (PILOT) payment. ________________________ CITY MANAGER’S REPORT: “Rezoning #1126 – 415 Eighth Street” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for the property located at 415 Eighth Street (PID #3-3-1-17) containing approximately 11,290 square feet from Inner City Residential District (R-3) to General Business District (GB) with a narrative development plan to construct apartment units, subject to a conditional use permit from the City Board of Zoning Adjustment, after conducting public hearings and producing findings of fact at their regular March 1, 2022 meeting. The Zoning Map Amendments shall be final and the development plan officially amended on Wednesday, March 23, 2022, 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 March 22, 2022. ________________________ EXECUTIVE SESSION: “Personnel” MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(f) for the purpose of discussions that might lead to the appointment of an individual employee. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye:  39 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ RESOLUTION NO. 06-22 RESOLUTION APPROVING APPOINTMENT OF SEAN L. MCKINNEY AS POLICE CHIEF FOR THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Thomas, approving the recommendation of City Manager William L. “Buzzy” Newman, Jr. to appoint Sean L. McKinney as Police Chief. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: March 08, 2022 Maree Collins, City Clerk ________________________ 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 ----- Absent: Mayor Austin ------------- Aye:  40 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 08, 2022 WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:15 p.m. ___________________________ ATTEST: Steve Austin, Mayor November 22, 2022 ______________________ Maree Collins, CKMC City Clerk