Board of Commissioners Meetings

72 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 09, 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 Mr. Eric Shappell, Acting 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 Mr. Ryan Walenga, Police Major Mr. Jerad Shehorn, Police Sergeant Mr. Brian Williams, Public Works Director Mr. David Steele, Sanitation Superintendent Mr. Trace Stevens, Parks, Recreation and Cemeteries Director Mr. Nick Mangarella, Acting Fire Chief Ms. Jordan Webb, 9-1-1 Emergency Communications Director Mr. Dylan Ward, Project Manager Ms. Tammy Willett, Community Development Specialist Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Ms. Barbara Moll, Henderson Municipal Power & Light Chief Financial Officer Mr. Randall Redding, Utility Commission Attorney Mr. Bart Boles, Henderson Water Utility General Manager Ms. Jeannie Quattrocchi, GRADD Community & Economic Development Rev. Adrian Brooks, Seventh Street Baptist Church Ms. Bobbie Jarrett, Seventh Street Baptist Church Rev. Gayla Gilbert, Seventh Street Baptist Church Rev. Charles Johnson, Human Rights Commission Executive Director Mrs. Monessa Brooks Bard Ms. Mary Scott Mr. Dwight Williams Ms. Erin Schmidt, WSON Mr. Marty Wilson, Police Officer ________________________ PUBLIC HEARING: “Land and Water Conservation Fund – Anthony Brooks Park Improvements” MAYOR STATON declared the Public Hearing to order at approximately 3:02 p.m. JEANNIE QUATTROCCHI, Green River Area Development District Community & Economic Development Public Administration Specialist, outlined the proposed project description for the Anthony Brooks Park. Improvements include: new swings, playground  73 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 equipment, a splashpad and restrooms. The estimated project budget is $501,390.50 with the maximum LWCF grant of $250,000.00. MONESSA BROOKS BARD, Park Neighbor, requested to speak on behalf of her sister and herself. She was extremely upset at the current condition of the park and that the park had not been maintained in the past and that it would not be maintained once the improvements were completed. She expressed concerns relating to the homeless that were staying there. She was further concerned that the proposed improvements would attract an unwelcome crowd after hours. She indicated that the proposed improvements would be better suited elsewhere. DISCUSSION WAS HELD relating to the issues of curfews; curfew enforcement; homelessness; Harbor House and Elevate plans for housing the homeless as well as others. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that he would schedule a meeting with Mrs. Bard to discuss her concerns. MAYOR STATON asked if there were any questions or comments from the public. WITH NO FURTHER COMMENTS OR QUESTIONS, Mayor Staton declared the public hearing closed. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: April 18, 2023, Called Meeting April 18, 2023, Called Work Session Resolutions: Res. 26 -23: A Resolution of the City of Henderson Relating to the Submittal of Grant Application and Acceptance if Awarded to the Department for Local Government Under Land & Water Conservation Fund in the Amount of $250,000.00 Res. 27 -23: Resolution Appointing Donna Madden as Acting City Clerk Res. 28 -23: Resolution Authorizing the Submission of the 2023-2024 CDBG Action Plan to the United States Department of Housing and Urban Development MOTION by Commissioner Vowels, 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: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________ 74 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 ORDINANCE NO. 05-23: (TABLED) ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES ORDINANCE NO. 06-23: (TABLED) ORDINANCE AMENDING CHAPTER 7-BUILDINGS AND BUILDING REGULATIONS ORDINANCE NO. 07-23: (TABLED) ORDINANCE AMENDING CHAPTER 14-GARBAGE AND REFUSE MOTION by Commissioner Thomas, seconded by Commissioner Pruitt to remove Ordinance No. 05-23, Ordinance No. 06-23, and Ordinance No. 07-23 from the table for further consideration. 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 ordinances removed from the table to be read for consideration. ________________________ ORDINANCE NO. 05-23: SECOND READ ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES AN ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF ELECTRIC RATES AND SERVICES FOR ELECTRIC POWER AND ENERGY FURNISHED BY HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS ADJUSTING THE RATES IN RESIDENTIAL SCHEDULE (SCHEDULE R); GENERAL SERVICE RATE SCHEDULE (SCHEDULE GS); HOUSING AUTHORITY, CHURCH AND PUBLIC SCHOOL RATE SCHEDULE (SCHEDULE HCS); DEMAND RATE SCHEDULE (SCHEDULE D); RESIDENTIAL DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE RDG); GENERAL SERVICE DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE GSDG); AND HOUSING AUTHORITY, CHURCH, AND PUBLIC SCHOOL DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE HCSDG); DEMAND DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE DDG); MISCELLANEOUS RATE SCHEDULE (SCHEDULE MISC); AND POWER COST ADJUSTMENT RATE SCHEDULE (SCHEDULE PCA) and TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON AND AFTER JUNE 1, 2023. 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 ------ Nay: 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: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________  75 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 ORDINANCE NO. 06-23: SECOND READ ORDINANCE AMENDING CHAPTER 7-BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7-BUILDINGS AND BUILDING REGULATIONS, ARTICLE II-BUILDING CODE, SEC. 7-19-PERMITS; FEES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Whitt, 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: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 07-23: FIRST READ ORDINANCE AMENDING CHAPTER 14-GARBAGE AND REFUSE AN ORDINANCE AMENDING CHAPTER 14-GARBAGE AND REFUSE, ARTICLE I- IN GENERAL, SEC. 14-1.-DEFINITIONS, SEC. 14-3.-COLLECTION AND DISPOSAL, and SEC. 14-4.-HOUSEHOLD CONTAINERS; ARTICLE III-TRANSFER STATION/RESIDUAL LANDFILL, SEC. 14-47.-USE BY NONRESIDENTS and SEC. 14-50.-FEE SCHEDULE AND PENALTY FOR LATE PAYMENT; and ARTICLE V.-RATES AND CHARGES, SEC. 14-90.- RESIDENTIAL RATES and SEC. 14-91.-SPECIAL CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. DISCUSSION WAS HELD relating to the cost and repair process – no cost to resident for normal wear and tear; the number of employees per truck would remain at three-no one would be losing their job over this change. 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: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________ 76 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 MUNICIPAL ORDER NO. 21-23: MUNICIPAL ORDER SETTING FEES AND CHARGES FOR SANITATION AS AUTHORIZED BY CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to adopt the fees and charges for sanitation services. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 22-23: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF ROLLOUT CONTAINERS FOR THE SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT TO SCHAEFER PLASTICS NORTH AMERICA, LLC OF CHARLOTTE, NORTH CAROLINA, IN THE AMOUNT OF $679,955.00 MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to award the contract for purchase of rollout containers for the Sanitation division of the City’s Public Works department to Schaefer Plastics North America, LLC of Charlotte North Carolina, in the amount of $679,955.00. DISCUSSION WAS HELD relating to the bid process; sample containers were provided from each responding bidder; stand wind test-30 to 40 mph winds, one can standing; the City’s recycling vendor brought equipment and tested/abused each can to see how it stood up; the lone can standing from the wind test also was the can that did the best throughout testing and is currently used by the recycling vendor and other local municipalities; the cans will be green and tan to differentiate from the blue recycling cans; 96 gallon containers, which will hold approximately seven kitchen bags; there will be no cost to the resident for the first container; there will be a $5.00 per month fee for a second container per household; the vendor will deliver cans along with the City’s flyer explaining the program; expected delivery will begin the second week of July; media blitz on the program to begin early June; and that the purpose of going to these containers is for the safety of our employees and to cut down on loose trash in the alleyways and neighborhoods. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: May 09, 2023 Maree Collins, CKMC, City Clerk ________________________  77 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 CITY MANAGER’S REPORT: “Rezoning #1142 – Barret Boulevard 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 adjacent to 1226 Barret Boulevard, containing approximately 86.201 acres, will be rezoned from Agriculture (AG) to Planned Unit Development District (PUD) to construct a new single-family residential subdivision, after conducting a public hearing and producing findings of fact at their regular May 2, 2023, meeting. The Zoning Map Amendments shall become final on Wednesday, May 24, 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 May 23, 2023. ________________________ SEAN MCKINNEY, Police Chief, reviewed a proposed lateral pay incentive for patrol officers transferring from other agencies as a recruitment tool. The proposed plan would include up to $12,000.00 sign-on incentive for P.O.P.S. certified lateral police officer transferees based on years of service and other basic and advanced trainings. DISCUSSION WAS HELD relating to the recruitment tools already in use; the dollars the time and money saved by hiring trained officers; and the number of retired officers currently returned to duty-eight officers, none are on patrol duty. Without objection the details are to be worked out between Chief McKinney, City Manager Buzzy Newman and City Attorney Dawn Kelsey to create a Lateral Transfer Incentive Program for Police Officers. ________________________ JORDAN WEBB, 9-1-1 Emergency Communications Director, indicated that much like the Police department, her division is having a difficult time with recruitment and is lacking staff. She further indicated that beginning in July, they will have additional radio and call traffic when taking over Emergency Medical Dispatch calls for ambulance services. She requested a similar incentive program for lateral transfers of $5,000.00 to be paid 50% upon completion of local training and the remaining 50% paid at the end of their probationary period. DISCUSSION WAS HELD relating to the time and cost of recruiting and training operators; that one recent recruit with Kentucky training had completed in-house training and was on duty within a few short weeks instead of the many months of a non-trained Communications Officer; and that the number of calls and radio transmissions through the division has increased and is expected to increase, and some calls will take longer, when Deaconess leaves AMR and moves EMD calls to our 9-1-1 system. Without objection the details are to be worked out between 9-1-1 Emergency Communications Director Jordan Webb, City Manager Buzzy Newman, and City Attorney Dawn Kelsey to create a Lateral Transfer Incentive Program for Communications Officers. ________________________ HOLLI BLANFORD, Public Information Officer, reported on a new program, City Junior Ambassador Program. She indicated that it will be a nine-month program conducted in conjunction with the high school, on the first Friday of each month beginning at 8:00 a.m. Each month participating students will meet with city administrators, department heads, local non- profit organizations and other community partners to gain a better understanding of local government and governmental partnerships. The program will be limited to ten students at this time and a graduation ceremony will be scheduled to present certificates. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the annual Budget Work Session is scheduled for next Tuesday, May 16th at 1:00 p.m. ________________________ 78 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 09, 2023 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 4:17 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor June 13, 2023 ______________________ Maree Collins, CKMC City Clerk