Board of Commissioners Meetings

50 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 11, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 11, 2023, 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 STATON led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Bradley S. Staton presiding: PRESENT: Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn S. Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Heath Cox, Assistant City Manager Mrs. Holli Blanford, Public Information Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Sean McKinney, Police Chief Ms. Dawn Winn, Assistant Finance Director Mr. Dylan Ward, Project Manager Mr. Tim Clayton, Gas System Director Mr. Aaron Calvert, Assistant Gas System Director Ms. Tammy Willett, Community Development Specialist Mrs. Donna Madden, Administrative Secretary Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Wesley Gower, IT Programmer Analyst Ms. Lindsay Locasto, Henderson Chamber of Commerce President Ms. Clay Gillham, Henderson Chamber of Commerce Ms. Britney Smith, Habitat for Humanity of Henderson Executive Director Ms. Melissa Clements, United Way of Henderson County Executive Director Ms. Mary Dunham, GAIN Initiative Ms. Chantel Laplante, AKZ Academic Program Director Dr. Pat Lake, Henderson County Homeless Coalition Rev. Charles Johnson, Human Rights Commission Executive Director Ms. Erin Schmidt, WSON Mr. Marty Wilson, Police Officer ________________________ MAYOR STATON made a brief statement relating to the heart-breaking loss of fellow Hendersonian, Juliana Farmer, in the recent shooting incident in Louisville. He stated: “To the family of Juliana Farmer, please accept our sincerest condolences and know that you truly will be in our prayers. And to our state and federal legislators who are charged with making gun laws for our country to follow, we are begging of you to work together, to find common ground, and to address this insane situation we find ourselves in today.” PROCLAMATION: “Fair Housing Month” MAYOR STATON proclaimed the month of April 2023 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  51 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 11, 2023 Rights Executive Director, and Ms. TAMMY WILLETT, Community Development Specialist, were present to accept the proclamation. ________________________ PRESENTATION: “Proposal for a Downtown Dog Park” LINDSAY LOCASTO, Henderson Chamber of Commerce President, and CLAY GILLHAM, Events and Communications Coordinator, reported that funds are allocated through a division of the Chamber for Downtown Henderson Partnership activities and projects. One of those proposed projects that was determined in both the Downtown Master Plan and the Vision Plan is a dog park. The proposal is to repurpose the old Station #1 property along the Riverwalk as a dog park. The basics for the park would be fencing and benches at an estimated cost of $90,000.00 for the entire two-acre lot. The DHP currently has $48,000.00 allocated for the project and is requesting the remainder from the City. DISCUSSION WAS HELD relating to possible alternative locations; the possibility of reducing the size of the park; and fund-raising options to help offset the costs. ________________________ PRESENTATION: “Henderson County Homeless Coalition progress Review” MELISSA CLEMENTS, United Way of Henderson County Executive Director, and Britney Smith, Habitat for Humanity of Henderson Executive Director, presented a report on activities of the Coalition with the annual Homeless Counts as well as requested a work session to discuss an Action Plan for the future. CHANTEL LAPLANTE, AKZ Academic Program Director, detailed her story of homeless here in our community while holding down a full-time job at the same facility. Eventually she received the support that she needed to further her education and therefore a better job to support her and her son. She stated that, “homelessness does exist here and doesn’t look like what you expect.” MAYOR STATON indicated that he would contact the County to schedule a joint work session this summer. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to TROY A. MEADOWS, Gas Distribution Superintendent, Gas Department, for his 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to GREGORY S. NEAVEILL, Cemeteries Equipment Operator, Cemetery Division, for his 20 years of service and dedication to the City of Henderson. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: March 21, 2023, Called Joint Work Session with Henderson Fiscal Court and City/County Cooperative Study Team March 21, 2023, Called Meeting March 21, 2023, Called Work Session 52 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 11, 2023 Resolutions & Municipal Orders: Res. 22-23: Resolution Approving Municipal Road Aid Cooperative Program Agreement with the Kentucky Transportation Cabinet for Construction, Reconstruction, and Maintenance of City Streets in Fiscal Year 2023-2024; and Authorizing the Mayor to Execute the Agreement on Behalf of the City Res. 23-23: Resolution Authorizing a Payment Not to Exceed $50,000.00 to be Paid to the Kentucky League of Cities for Resolution of Claim Against the City and Giving Authorization to the City Manager to Resolve the Claim Res. 24-23: Resolution Authorizing Submittal of Grants for Airport Runway Extension, Construction, and Reconstruction Projects; and Authorizing Mayor to Execute all Necessary Documents on Behalf of the City of Henderson M. O. 16-23: Municipal Order Awarding Bid for the Henderson Municipal Gas Fencing Project to Burcor Fencing, LLC of Walton, Kentucky in the Amount of $48,980.00 MOTION by Commissioner Thomas, 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 Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 11, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 04-23: FIRST READ ORDINANCE AMENDING CHAPTER 21- TAXATION ORDINANCE AMENDING CHAPTER 21-TAXATION, ARTICLE VII-TRANSIENT ROOM TAX, SEC. 21-112-COLLECTION; FILING OF RETURNS; PENALTY OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON 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 Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 11, 2023 Maree Collins, CKMC, City Clerk ________________________  53 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 11, 2023 CITY MANAGER’S REPORT: “Rezoning #1141 – Yeaman Avenue with a Development Plan” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for the property located at 313 Yeaman Avenue, containing approximately 2.547 acres, will be rezoned from Medium Density Residential District (R-2) to Multi-Family Residential District (R-4) to construct apartment buildings. A public hearing was conducted on March 7, 2023 with Findings of Fact completed at the April 4, 2023 meeting. The Zoning Map Amendments shall become final on Wednesday, April 26, 2023, 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 25, 2023. ________________________ CITY MANAGER’S REPORT: “Rezoning #1143 – 220 North Ingram 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 220 North Ingram Street, containing approximately 3,220 square feet from Medium to High Density Residential District (R-3) to General Business District (GB) for the purpose of constructing a workshop for Holy Name Church, after conducting public hearings and producing findings of fact at their regular April 4, 2023, meeting. The Zoning Map Amendments shall become final on Wednesday, April 26, 2023, 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 25, 2023. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that there is need for a work session at 3:00 p.m. next Tuesday, April 18, 2023, for discussion of the Sports Complex. ________________________ CITY ATTORNEY’S REPORT: “Proposed Short-Term Rental Zoning Ordinance” DAWN KELSEY, City Attorney, reported that the County had adopted an ordinance relating to short-term rentals and she has modeled the proposed ordinance from that. Current rental facilities would be grandfathered in unless they make changes to the facility. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, approving forwarding amendments to the Zoning Ordinances for this requested change. DISCUSSION WAS HELD relating to how and when these facilities would be affected and if certain zoning districts should be excluded from the ordinance. It was determined that the Board would like more information on how the Board of Zoning Adjustment would handle these requests. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to table this action for further information regarding the proposed ordinance. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: ________________________ 54 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 11, 2023 COMMISSIONER’S REPORTS: COMMISSIONER WHITT reported that as was mentioned at the beginning of the meeting, these tragedies just happen and as much as society tries to ignore it, it continues to creep closer and closer to us. He stated, “I don’t know what the answer is, but there are five people that are gone now from a senseless tragedy that wasn’t even probably predictable. Keep the families in your thoughts and prayers. God gave us the heart and the ability to pray, but he also gave us the brain and the ability to use our common sense. I think if we could use common sense right now, we would be in a better position.” ________________________ MAYOR STATON reported on the matter that was brought before the Planning Commission by the Christian Life Center to close an alleyway that the Planning Commission voted not to close for a number of reasons that were well considered. Commissioner Whitt made a suggestion that was then passed on to Mark Carter at the Christian Life Center for consideration. Mr. Carter has agreed that the proposal to place signage closing a portion of the alleyway Monday – Friday, 7:30 a.m. – 3:30 p.m., during school session, would accomplish the goal of protecting the children while at school as well as allow residents access to the alleyway during non-school hours. The City Manager will designate the alleyway closed during the listed school hours and instruct staff to post signage. ________________________ BOARD/COMMISSION APPOINTMENT: “Civil Service Pension Fund Board of Trustees” Vacancy (Cindy Bickwermert, retired) – Unexpired Term to Expire June 01, 2025 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, upon recommendation of Mayor Brad Staton, to appoint, Linda Epley to the unexpired term of Cindy Bickwermert on the Civil Service Pension Fund Board of Trustees. Said term to expire June 01, 2025. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: ________________________ 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 Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:10 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor April 25, 2023 ______________________ Maree Collins, CKMC City Clerk