Board of Commissioners Meetings

139 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 12, 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 Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt (came in a few minutes after roll call was taken) Commissioner Austin P. Vowels Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney (via Zoom Panelist) Mrs. Donna Madden, Acting City Clerk Mrs. Holli Blanford, Public Information Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Sean McKinney, Police Chief Mr. Robert Shoultz, Deputy Police Chief Mr. Josh Dixon, Fire Chief Mr. Nick Mangarella, Assistant Fire Chief Mr. Brian Williams, Public Works Director Mr. David Steele, Sanitation Superintendent Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Dylan Ward, Project Manager Mr. Mark Simmons, Recreation Program Manager Mr. Travis Owens, Assistant IT Director Mr. David Wright, IT Network Administrator II Mr. Victor Carson, IT Network Administrator I Mr. Bart Boles, Henderson Water Utility General Manager Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Randall Redding, Utility Commission Attorney Mr. Jonathan Dixon, Kentucky State Representative Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP (via Zoom Panelist) Mr. Chip Sutherland, Baird Managing Director (via Zoom Panelist) Mr. J. D. Chaney, Kentucky League of Cities Executive Director/CEO Ms. Bryanna Carroll, Kentucky League of Cities Director of Public Affairs Mr. Dwight Williams Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PRESENTATION: “Water & Sewer Revenue Bonds” MARK FRANKLIN, Dinsmore & Shohl, LLP Partner, presented information on the various types of bonds that the City of Henderson is eligible to issue including revenue and general obligation bonds. Mr. Franklin explained that in the past the City has issued general obligation bonds on behalf of the water and sewer utility; however, it is now recommended that Water and Sewer Revenue Bonds be issued for the utility to finance capital improvements instead of city general obligation bonds, allowing the City to keep availability for later bonding needs. 140 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 CHIP SUTHERLAND, Baird Managing Director, reported that while the past bonds issued for water and sewer projects were city general obligation bonds, there is language making the utility responsible for payment. These water and sewer revenue bonds will be fully paid from utility revenues and not effect the city of Henderson general obligation bonding efforts. ________________________ PRESENTATION: “Kentucky League of Cities – “Friends of Cities” Award” J. D. CHANEY, Kentucky League of Cities Executive Director/CEO and BRYANNA CARROLL, Kentucky League of Cities Director of Public Affairs, presented Representative Jonathan Dixon with the Kentucky League of Cities “Friends of Cities” award for his support of legislature supportive of Kentucky cities. Representative JONATHAN DIXON (R-Corydon) expressed appreciation indicating that he was honored and humbled. He reported that he and the Kentucky League of Cities work well together, and that he was happy to be able to present legislation in support of cities across Kentucky. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the Acting City Clerk to read the Consent Agenda. Minutes: August 22, 2023, Regular Meeting Resolutions & Municipal Orders: Res. 50-23: Resolution Authorizing Mayor to Execute Consent for the Closure of Unimproved Right-of-Way Running Between Fourth Street and Fifth Street M.O. 44-23: Municipal Order Authorizing Submittal of a FY 2024 Personal Protective Equipment (PPE) Grant Application to the Kentucky Fire Commission, for the Purchase of Structural Firefighting Protective Equipment; Accepting Grant if Awarded; and Authorizing the City to Execute All Necessary Documents M.O. 45-23: Municipal Order Authorizing Submittal of a FY 2024 Thermal Imaging Camera (TIC) Grant Application to the Kentucky Fire Commission for the Award of a Thermal Imaging Camera; Accepting Grant if Awarded; and Authorizing the City to Execute All Necessary Documents MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: September 12, 2023 Donna Madden, Acting City Clerk ________________________  141 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 ORDINANCE NO. 19-23: SECOND READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN FOR CERTAIN NON-HAZARDOUS DUTY POSITIONS AND POLICE HAZARDOUS DUTY POSITIONS MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: September 12, 2023 Donna Madden, Acting City Clerk ________________________ ORDINANCE NO. 20-23: SECOND READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY2024 BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2023-2024 BUDGET AND APPROPRIATION ORDINANCE FOR CERTAIN NON-HAZARDOUS DUTY POSITIONS IN THE PARKS AND RECREATION AND GAS DEPARTMENTS MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: September 12, 2023 Donna Madden, Acting City Clerk ________________________ ORDINANCE NO. 21-23: 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, 2023, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. 142 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: September 12, 2023 Donna Madden, Acting City Clerk ________________________ ORDINANCE NO. 22-23: FIRST READ ORDINANCE CLOSING PUBLIC RIGHT-OF-WAY AN ORDINANCE CLOSING UNIMPROVED PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 15 FEET WIDE BY 417.42 FEET LONG LOCATED IN THE CITY OF HENDERSON AND RUNNING BETWEEN FOURTH STREET AND FIFTH STREET MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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. 23-23: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING ORDINANCE AMENDING ARTICLE II-DEFINITIONS SEC. 2.01-DEFINITIONS, AND ARTICLE XXI- H-C, HIGHWAY COMMERCIAL DISTRICT, SEC. 21.03, CONDITIONAL USES, OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO DEFINE AND PERMIT GAMING FACILITIES AS A CONDITIONAL USE IN THE HIGHWAY COMMERCIAL DISTRICT MOTION by Commissioner Vowels, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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. ________________________  143 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 ORDINANCE NO. 24-23: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS (SANITARY SEWER, POTABLE WATER, AND STORMWATER SYSTEM) ON PROPERTY LOCATED IN CANOE CREEK SUBDIVISION II, SECTION 3, IN THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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. 46-23: MUNICIPAL ORDER APPROVING CHANGE ORDER PROPOSAL REQUESTS P.R. #1, P.R. #2, P.R. #7, AND P.R. #3 TO THE CONSTRUCTION AGREEMENT WITH ARC CONSTRUCTION CO., INC. OF EVANSVILLE, INDIANA, FOR CONSTRUCTION OF THE HENDERSON SPORTS COMPLEX ON AIRLINE ROAD IN AN AMOUNT OF $2,569,202.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the change order proposals to the construction agreement with Arc Construction Co., LLC in the amount of $2,569,202.00 for the Henderson Sports Complex on Airline Road. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: September 12, 2023 Donna Madden, Acting City Clerk ________________________ CITY MANAGER’S REPORT: SEAN MCKINNEY, Police Chief, introduced ROBERT “BOB” SCHOULTZ, the newly appointed Deputy Police Chief. ROBERT “BOB” SCHOULTZ, Deputy Police Chief, reported that he has come full circle in his career which began here at the Henderson Police department in 1993. Robert A Shoultz began his 30-year law enforcement career at the Henderson Police Department in January 1993. He worked as a Patrol Officer with the Henderson Police Department through December 1997. In June 1998, he became a Kentucky State Police Trooper. During his career with KSP, he promoted to the ranks of Sergeant, Investigative and Operations Lieutenant, Captain, and Major. He retired from KSP in August 2018, while Post Commander at Post 16 in Henderson. In January 2019, he returned to law Enforcement with the Henderson 144 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 County Sheriff’s Office as a School Resource Officer working in that capacity until beginning his employment on September 5, 2023, as Deputy Chief of the Henderson Police Department ________________________ “Rezoning #1150 – 109 Second Street with a Narrative 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 109 Second Street, containing approximately 0.65001 acres, from Central Business District (CDB) to Riverfront-2 (RF-2) with a narrative development plan for consolidation to an existing lot zoned Riverfront-2 (RF-2), after conducting public hearings and producing findings of fact at the September 5, 2023, meeting. The Zoning Map Amendments shall become final on Wednesday, September 27, 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 September 26, 2023. ________________________ “Rezoning: #1151 – 735 North Elm 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 735 North Elm Street, containing approximately 1.343 acres, from Residential 2 (R-2) to General Business (GB), after conducting public hearings and producing findings of fact at the September 5, 2023, meeting. The Zoning Map Amendments shall become final on Wednesday, September 27, 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 September 26, 2023. ________________________ DAVID STEELE, Sanitation Superintendent, presented a brief update on the new sanitation bin program. He reported that calls have decreased now that the program is well under way. There were some hick-ups with delivery of the bins and lots of customer questions in the beginning. He further reported that during this process we found that there were 85 customers that had not been charged for sanitation services; there are about 450 customers with second bins; and approximately 21 customers have requested the smaller bins, that have been ordered. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that David was to be commended for his efforts in this project and how he has handled all of the ensuing phone calls and problems that arose. The process has gone as smoothly as it has only due to David and how he has handled the situation. BRIAN WILLIAMS, Public Works Director, indicated that David has done a great job, putting in many extra hours over the last several months. Mr. Williams reported that the curbside recycling, and sorting and marketing materials contracts are both coming to an end at the end of September. Bid packages were sent out with only one each received. Both of these were from the current vendors with the recycling price going up 71% and the sorting/marketing price up 33%. These increases will be an estimated $140,000.00 for the upcoming year. Currently, the Sanitation budget can cover this without an increase; however, staff wanted you to be aware of this and request feed back on whether or not to proceed with bringing the bids for award at a future meeting. DISCUSSION WAS HELD relating to the cost of the program; that an increase in fees will not be necessary; how the community is invested in recycling and how it should be continued. It was unanimously determined to have bids brought to the next meeting for final vote. ________________________  145 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 JOSH DIXON, Fire Chief, and NICK MANGARELLA, Assistant Fire Chief, presented a proposal for the purchase of a new pumper apparatus. Upon review of the seven proposals, it is recommended to purchase an Enforcer by Pierce. While it is not low bid, there are issues with the vendors or trucks that they submitted. DISCUSSION WAS HELD relating to the proposals; current trucks owned by each of these vendors; costs of operations of current trucks; the amount of time for delivery of 930 days for build out; and a request of an additional not-to-exceed $10,000.00 for changes that may be necessary during the build process. It was unanimously determined to move forward with presenting the proposal at a future meeting for final vote. ________________________ WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that a committee consisting of himself, Finance Director Robert Gunter, Human Resources Director Connie Galloway, Human Resources Specialist Karla Beckgerd and Project Manager Dylan Ward, and requested the addition of a Board of Commissioners member. Without objection, Mayor Staton volunteered to participate in the second round of interviews and hiring process for the Finance Director position. ________________________ EXECUTIVE SESSION: “Proposed Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(c) for the purpose of discussion of proposed litigation against the city of Henderson and Henderson Municipal Power & Light. The vote was called. On roll call, the vote stood. Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to adjourn the meeting. The vote was called. 146 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2023 On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:25 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor October 17, 2023 ______________________ Maree Collins, CKMC City Clerk