Board of Commissioners Meetings

83 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 23, 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 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 Mr. Ryan Walenga, Police Major Mr. Trace Stevens, Parks, Recreation and Cemeteries Director Mr. Nick Mangarella, Acting Fire Chief Mr. Greg Nunn, Information Technology Director Mr. Bill Raleigh, IT Support Specialist Mr. Wesley Gower, IT Programmer Analyst Ms. Chasity Bryant, Engineering Intern Mr. Bart Boles, Henderson Water Utility General Manager Mr. Todd Bowley, Henderson Water Utility Chief Financial Officer Mr. Tom Williams, Henderson Water Utility Senior Project Manager Mrs. Abby Dixon, Tourist Commission Executive Director Ms. Missy Vanderpool, Henderson Economic Development Executive Director Ms. Lindsay Locasto, Henderson Chamber of Commerce President Ms. Clay Gillham, Henderson Chamber of Commerce Mr. Andy Rideout, Friends of Audubon Mr. Roy Pullum, Salvation Army Project Chair Major Stephen Story, Salvation Army Administrator Mr. Dwight Williams Mr. Marty Wilson, Police Officer ________________________ PRESENTATION: “Salvation Army Request” MAJOR STEPHEN STORY, Salvation Army, and ROY PULLUM, Salvation Army Program Manager, gave a brief overview of the services provided in our community and requested $10,000.00 additional funds in support of services provided to those community members in need. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, authorizing additional funding for the purpose of providing meals and other services to those in need in the amount of $10,000.00. 84 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 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: ________________________ PRESENTATION: “Henderson Tourist Commission & Friends of Audubon Feasibility Study Request” ABBY DIXON, Henderson Tourist Commission Executive Director, and ANDY RIDEOUT, Friends of Audubon, gave a brief overview of the Audubon State Park Conference Center Project and requested assistance with funding for a feasibility study relating to the project. The Chamber, Tourist Commission, Economic Development and Fiscal Court have all agreed to support the request for the $52,000.00 feasibility study for the project. The project includes: replacing the current boathouse with a structure built into the hillside that will accommodate up to 400 people on the open concept second level with additional classroom/conference rooms available on the first level, parking will utilize the existing parking lot area, and an alternate exit from the park out onto Watson Lane. MOTION by Commissioner Vowels, seconded by Commissioner Thomas, authorizing funding for the purpose of a feasibility study for the Audubon State Park Conference Center Project in the amount of $15,000.00. 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: ________________________ PRESENTATION: “Downtown Henderson Partnership Requests and Reports” LINDSAY LOCASTO, Henderson Chamber of Commerce President, reported that for several years the City has given $2,000.00 per year in support of the fireworks display for the July 4th Event and that this year they are requesting an additional $9,000.00 due to a sponsorship funding shortfall. The cost of the fireworks display has increased from $9,000.00 in 2018 to $16,000.00 for the present year. Currently, $7,000.00 in sponsorship funds is available. MOTION by Commissioner Vowels, seconded by Commissioner Thomas, authorizing additional funding for the purpose of support of the fireworks display for the July 4th Celebration in the amount of $9,000.00. 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: ________________________ CLAY GILLHAM, Downtown Henderson Partnership Events & Communications Coordinator, reported on the re-design and new location for the downtown dog park. The new location is further away from the Riverwalk in a partially shaded area and much smaller. The cost has now been reduced to approximately $52,000.00 with $48,000.00 set aside and the remainder to be funded through fund raising events, such as the possible sponsorship of a bench or water fountain or the sale of bricks.  85 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 DISCUSSION WAS HELD relating to the new location; the smaller more manageable size; community feedback; needed infrastructure such as water lines and sidewalks; consideration of Henderson Water Utility’s needs for the location at a future time; and having the City Attorney involved in the necessary documents required to move forward with the project. ________________________ LINDSAY LOCASTO, Henderson Chamber of Commerce President, requested that 32 Sunset District banners be placed at the intersections of Second Street with Elm, Main, and Water Streets for the duration of the year until the Christmas decorations are put out. This would leave enough other locations for festival and other banners to be placed throughout the downtown. ABBY DIXON, Henderson Tourist Commission Executive Director, explained that the Tourist Commission would cover the expense of the banners and their design to brand the Sunset District as a neighborhood community. DISCUSSION WAS HELD regarding the Entertainment Destination Center application requirements and that it may be necessary to amend the License due to the banners/flags are mentioned in the Licensing process as being posted to alert the opening of the Center; and that the City would need to contact Frankfort for guidance before locating permanent Sunset District banners. ________________________ ABBY DIXON, Henderson Tourist Commission Executive Director, reported that the Vision Committee has installed special butterfly lighting in a downtown alleyway near Butler’s Apothecary, Rookies and Rockhouse on the River. The project will also include two murals of butterfly wings with the saying “Discover Your Wings.” The project’s overall intent is to make the alleyway more user friendly for those that utilize the Field & Main parking lot after hours to visit downtown businesses. ________________________ PUBLIC HEARING: “Municipal Road Aid Funds and Local Government Economic Assistance (LGEA) Funds for Fiscal Year Commencing July 1, 2023” MAYOR STATON declared the Public Hearing on Municipal Road Aid funding and Local Government Economic Assistance funding opened and explained that the purpose of the public hearing was to determine the expenditure of Municipal Road Aid and Local Government Economic Assistance funds anticipated to be in the amounts of $605,190.00 and $15,000.00 for use for street and road improvements. Included in the budget is a list of the proposed streets and roads to be paved utilizing these funds. CITY OF HENDERSON, KY PAVING OF STREETS AND ROADS FISCAL 2024 Branch Name From To Budget 8TH STREET NORTH GREEN STREET NORTH ELM STREET $ 28,700 ATKINSON STREET CLAY STREET BAILEY STREET 53,800 BITTERSWEET LANE 2ND STREET HEATHER LANE 60,100 BURRIS STREET MEADOW STREET POND STREET 16,200 COUNTRY DRIVE RUSSELL DRIVE MATTINGLY DRIVE 75,800 DIXON STREET SOUTH MAIN STREET SOUTH WATER STREET 17,400 MEADOW STREET DR. MLK JR. AVENUE HOLIDAY COURT 24,800 NORTH ELM STREET VILLA DRIVE LONG JOHN SILVER’S 72,200 PEGGY DRIVE COUNTRY DRIVE WILSON DRIVE 31,000 SAND LANE * SOUTH MAIN STREET SOUTH GREEN STREET 22,300 SOUTH MAIN STREET* SAND LANE McCLAIN AVENUE 62,300 SOUTH WATER STREET WASHINGTON STREET DIXON STREET 60,400 CRACK SEAL REPAIRS N/A N/A 30,000 86 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 GOLF COURSE N/A N/A 5,000 PARKS & CEMETERIES N/A N/A 40,000 $ 600,000 Mayor Staton asked if any member of the public or the Board had questions or would like to speak on the proposed use of these funds. There being no further discussion Mayor Staton declared the Public Hearing closed at approximately 3:50 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: April 25, 2023, Regular Meeting April 27, 2023, Called Work Session with Vision Plan Committee May 04, 2023, Called Meeting Resolutions: Res. 29 -23: Resolution Increasing Salary of City Attorney by Two Percent (2%) Effective as of June 1, 2023 M.O. 24 -23: Municipal Order Authorizing Grant and Partial Release of Easement Between the City of Henderson (Owner), PRATT Paper (KY), LLC (Tenant) and Kentucky Utilities Company (Company), and Authorizing Mayor to Execute the Easement on Behalf of the City of Henderson MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, 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 23, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 08-23: FIRST READ ORDINANCE AMENDING CHAPTER 17 – PARKS AND RECREATION – MOBILE FOOD UNIT VENDORS REGULATIONS ORDINANCE AMENDING CHAPTER 17 – PARKS AND RECREATION, ARTICLE IV – MOBILE FOOD UNITS, SEC. 17-66 – REGULATION OF MOBILE FOOD UNIT VENDORS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO PROHIBIT ANY REGISTERED SEX OFFENDER TO WORK IN OR OPERATE A MOBILE FOOD UNIT THAT HAS A MOBILE FOOD VENDING LICENSE ISSUED BY THE CITY OF HENDERSON WHILE CONDUCTING BUSINESS IN DESIGNATED MOBILE FOOD VENDING SPACES MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted.  87 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 09-23: FIRST READ ORDINANCE AMENDING CHAPTER 17 – PARKS AND RECREATION – POSSESSION OF ALCOHOLIC BEVERAGES ORDINANCE AMENDING CHAPTER 17 – PARKS AND RECREATION, ARTICLE I – IN GENERAL, SEC. 17-2 – POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO ALLOW ALCOHOL IN AUDUBON MILL PARK AND A PORTION OF THE DOC HOSBACH TENNIS COMPLEX IN CONJUNCTION WITH THE OPENING OF THE ENTERTAINMENT DESTINATION CENTER 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 10-23: FIRST READ ORDINANCE SETTING THE PAYMENT IN LIEU OF TAX (PILOT) FOR HENDERSON MUNICIPAL GAS ORDINANCE SETTING THE PERCENTAGE OF THE PAYMENT IN LIEU OF TAX (PILOT) TO BE PAID BY HENDERSON MUNICIPAL GAS (HMG) TO THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. MAYOR STATON indicated that these PILOT agreements with the three utilities have been discussed for about a year and a-half and has now been finalized and agreed upon by all concerned parties. 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ 88 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 ORDINANCE NO. 11-23: FIRST READ ORDINANCE SETTING THE PAYMENT IN LIEU OF TAX (PILOT) FOR HENDERSON WATER AND SEWER COMMISSION ORDINANCE SETTING THE PERCENTAGE OF THE PAYMENT IN LIEU OF TAX (PILOT) TO BE PAID BY THE HENDERSON WATER AND SEWER COMMISSION D/B/A HENDERSON WATER UTILITY (HWU) TO 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 12-23: FIRST READ ORDINANCE SETTING THE PAYMENT IN LIEU OF TAX (PILOT) FOR THE CITY OF HENDERSON UTILITY COMMISSION ORDINANCE SETTING THE PERCENTAGE OF THE PAYMENT IN LIEU OF TAX (PILOT) TO BE PAID BY THE CITY OF HENDERSON, KENTUCKY, UTILITY COMMISSION D/B/A HENDERSON MUNICIPAL POWER & LIGHT (HMPL) TO THE CITY OF HENDERSON MOTION by Commissioner Pruitt, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 13-23: FIRST READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2023, AND ENDING JUNE 30, 2024, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Vowels, seconded by Commissioner Thomas, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________  89 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 ORDINANCE NO. 14-23: FIRST READ ORDINANCE ADOPTING CITY BUDGET AND APPROPRIATION ORDINANCE FOR FISCAL YEAR 2024 BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2023, AND ENDING JUNE 30, 2024, 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 Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton 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. 15-23: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN FOR NON-HAZARDOUS DUTY POSITIONS, FIRE HAZARDOUS DUTY POSITIONS, AND POLICE HAZARDOUS DUTY POSITIONS FOR FISCAL YEAR 2024 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 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. 25-23: MUNICIPAL ORDER APPROVING ONE- AND ONE-HALF PERCENT (1.5%) COST OF LIVING ADJUSTMENT (COLA) FOR NON-HAZARDOUS DUTY EMPLOYEES, FIRE HAZARDOUS DUTY EMPLOYEES, POLICE HAZARDOUS DUTY EMPLOYEES, AND ELECTED OFFICIALS EFFECTIVE JULY 1, 2023 MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, 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 23, 2023 Maree Collins, CKMC, City Clerk ________________________ 90 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 MUNICIPAL ORDER NO. 26-23: MUNICIPAL ORDER AWARDING PROPOSAL FOR PURCHASE OF A TURNKEY BODY CAMERA AND IN CAR VIDEO SYSTEM FOR THE HENDERSON POLICE DEPARTMENT TO UTILITY ASSOCIATES, INC OF DECATUR, GEORGIA, IN THE AMOUNT OF $389,200.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award the contract for purchase of a turnkey body camera and in-car video system for the Police department to Utility Associates, Inc. of Decatur, Georgia, in the amount of $389,200.00, as submitted pursuant to Request for Proposal 23-17. MAYOR STATON reported that this is our current provider and that Assistant City Manager Heath Cox and Police Chief Sean McKinney were able to successfully negotiate a lower price than previously expected. 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 23, 2023 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “ 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 $15,000.00 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 – approximately $50,000.00 per officer; and that a request for an incentive for retention would probably be necessary in the near future. 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 to be presented at an upcoming meeting. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Triennial Review/Audit has been completed and thanked all those that assisted. He further reported that the Gas department has started on the Wathen Lane utility project and that the Wathen Lane road project is expected to go out for in July with work to begin in August. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER THOMAS reported that last Saturday was a great day with lots of activities throughout the community including Market on Main, Summer Fest, and a riverboat docking. ________________________  91 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2023 COMMISSIONER PRUITT indicated that he would like to see a public event hosted by the Police Department to improve community relations. Invite the public to join the police for food, games and fellowship. Chief McKinney indicated that he liked that idea. ________________________ BOARD/COMMISSION APPOINTMENT: “Tax Assessment Appeals Board” Vacancy – Term to Expire May 21, 2026 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Bradley S. Staton, to appoint, Amber Wood to Tax Assessment Appeals Board. Said term to expire May 21, 2026. 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 Whitt, 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 4:21 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor June 27, 2023 ______________________ Maree Collins, CKMC City Clerk