Board of Commissioners Meetings

125 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 13, 2022, at 3:00 p.m., prevailing time, in the third floor Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting allowed under KRS 61.826. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager (Via Zoom Panelist) Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer (Via Zoom) Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resource Director Mr. Trace Stevens, Parks Recreation & Cemetery Director Mr. Scott Foreman, Fire Chief Mr. Sean McKinney, Police Chief Ms. Jordan Webb, Emergency Communications Director Mr. Nick Mangarella, Assistant Fire Chief Mrs. Donna Madden, Administrative Secretary Mr. Cory Agnew, Fire Driver Engineer Mr. Victor Carson, IT Network Administrator I Mr. Travis Owens, IT Programmer/Analyst Senator Robby Mills, Nuworks Community Development Ms. Tammy Sutton, Audubon Kids Zone Mr. Austin Maxheimer, Community One Mr. Dwight Williams, Commissioner Candidate Rev. Charles Johnson, Human Rights Commission Executive Director Mr. Marty Wilson, Police Officer ________________________ PRESENTATION: “Nu-Works Year-One Update” SENATOR ROBBY MILLS, Nu-Works Community Development, gave a brief update on Year One: Listening and Engagement of their three-year project. Nu-Works staff and partners initiated several strategies to listen and engage residents and key partners within Henderson’s East End. Strategies were implemented to provide community members with the voice, skills, and tools to enact their own vision of improvement. Listening and engagement efforts are being supported by Neighborhood Coordinator hired by Nu-Works and coaching support provided by Community One using the Loving Your Neighbor Framework of community revitalization. The intent of the overall initiative is to support revitalization efforts. To ensure residents and partners are guiding the process, the first year of implementation focused on better understanding perceptions of the neighborhood while developing new relationships and deepening existing relationships. Results of interviews identified key themes which include the dreams/desires for families, neighborhood, and children: increased programming and opportunities for youth in the community; business investment; safety; affordable housing/homeownership; neighborhood beautification; transform current infrastructure; decrease crime; neighborhood connectedness/readiness; church involvement; police engagement; and revitalization efforts. ________________________ 126 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: November 9, 2021, Regular Meeting November 12, 2021, Called Joint City/Water Sewer Commission Meeting Resolutions and Municipal Orders: 33-22: Resolution Authorizing Participation in Kentucky Pride Litter Abatement Grant Program 58-22: Municipal Order Authorizing Acceptance of Grant in the Amount of $476,610.00 From the United States Department of Transportation, Federal Aviation Administration, for Runway Reconstruction and Runway Extension; and Authorizing Mayor to Execute all Necessary Documents on Behalf of the City of Henderson MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 20-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF ROADWAYS IN CANOE CREEK II, SECTION 2 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________  127 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 ORDINANCE NO. 21-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF ROADWAYS IN RIVER’S EDGE SECTION 1 MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Abstain: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 22-22: SECOND READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AND NON- HAZARDOUS GRADE & SALARY RANGES ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN, AND NON-HAZARDOUS GRADE & SALARY RANGES TO REMOVE THE HWU CHIEF ENGINEER POSITION, AND TO ADD SHIFT DIFFERENTIAL FOR 911 EMERGENCY COMMUNICATIONS DEPARTMENT EMPLOYEES MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 23-22: SECOND READ ORDINANCE AMENDING PORTION OF HENDERSON WATER UTILITY 2022 - 2023 BUDGET ORDINANCE AMENDING HENDERSON WATER UTILITY BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2022-2023 BUDGET BY REMOVING ONE (1) HWU CHIEF ENGINEER POSITION AND ADDING ONE (1) HWU CHIEF ENGINEER – CONTRACT EMPLOYEE POSITION MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance 128 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 24-22: SECOND READ ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 25-22: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF SIDEWALKS IN CANOE CREEK II, SECTION 1, ALONG ARROW WAY AND FAIRGROUND LANE MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye:  129 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 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. 26-22: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING RELATING TO ACCESSORY BUILDINGS AN ORDINANCE AMENDING ARTICLE IV-GENERAL PROVISIONS, SEC. 4.24- ACCESSORY BUILDINGS, OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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. 27-22: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING, RELATED TO RESIDENTIAL SUBDIVIDED MANUFACTURED HOME DISTRICT ORDINANCE AMENDING APPENDIX A-ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXV, R-SMH, RESIDENTIAL SUBDIVIDED MANUFACTURED HOME DISTRICT, SECTIONS 35.01 THROUGH 35.06. MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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. 59-22: MUNICIPAL ORDER APPROVING MORTGAGE AND ASSIGNMENT OF RENTS BETWEEN CLIFF HAGAN BOYS AND GIRLS CLUB GREAT FUTURES, LLLP (“GRANTOR”), FIELD AND MAIN BANK, INC., (“LENDER”), AND THE CITY OF HENDERSON (THIRD PARTY) FOR THE FORMER NATIONAL GUARD ARMORY PROPERTY AT 731-735 N. ELM STREET; AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS 130 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to approve the Mortgage and Assignment of Rents between Cliff Hagan Boys and Girls Club Great Futures, LLLP, Field and Main Bank, Inc., and the City for the former National Guard Armory property located at 731-735 North Elm Street. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- 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: September 13, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “Rezoning #1130 – 645, 649 & 651 West Main 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 645, 649 and 651 West Main Street containing approximately 28,600 square feet from Henderson Innovative Planning District (HIP) to Light Industrial (M-1) for the purpose of building a landscape equipment storage facility, after conducting public hearings and producing findings of fact at their regular September 6, 2022, meeting. The Zoning Map Amendments shall become final on Wednesday, September 28, 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 September 27, 2022. ________________________ CITY ATTORNEY’S REPORT: “Ordinance Review – Entertainment Center District” DAWN KELSEY, City Attorney, reported on the progress of meetings with proposed participants in the Entertainment Center District, revised cost estimates for the first year with six events, and others proposed details for the Alcoholic Beverage Control application process. ________________________ ORDINANCE NO. 28-22: FIRST READ ORDINANCE AMENDING CHAPTER 4 – ALCOHOLIC BEVERAGES RELATING TO CREATION OF ENTERTAINMENT DESTINATION CENTER AN ORDINANCE CREATING ARTICLE III-ENTERTAINMENT DESTINATION CENTER, IN CHAPTER 4-ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, ESTABLISHING AN ENTERTAINMENT DESTINATION CENTER IN THE DOWNTOWN OF THE CITY OF HENDERSON; AND DIRECTING THE CITY OF HENDERSON TO APPLY FOR AN ENTERTAINMENT DESTINATION CENTER LICENSE FROM THE KENTUCKY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL; AND FURTHER ESTABLISHING THE REQUIREMENTS FOR A LICENSEE TO SELL ALCOHOLIC BEVERAGES WITHIN THE COMMON AREAS OF THE ENTERTAINMENT DESTINATION CENTER MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.  131 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Abstain: 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. ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Henderson City/County Human Rights Commission” Darlene Marshall-Ware – Term to Expire September 17, 2022 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, upon recommendation of Mayor Steve Austin, to re-appoint Darlene Marshall-Ware to a term of three years on the Henderson City/County Human Rights Commission. Said term to expire September 17, 2025. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Mayor Austin ------------- Aye: ________________________ EXECUTIVE SESSION: “ Real Property & Litigation” 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)(b) for discussion of proposed sale of property on the KY 425 Henderson Bypass and the possible sale of property on Borax Drive and the possible purchase of property on South Green Street and pursuant to the provisions of KRS 61.810(1)(c) for discussion of proposed litigation against the City. The vote was called. On roll call, the vote stood. Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Station, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: 132 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 13, 2022 Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ 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 Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:00 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 22, 2022 ______________________ Maree Collins, CKMC City Clerk