Board of Commissioners Meetings

147 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 26, 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 Ms. Maree Collins, City Clerk Mrs. Holli Blanford, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mrs. Karla Beckgerd, Human Resources Specialist Ms. Karen Price, Benefits Coordinator Mr. Tim Clayton, Gas System Director Ms. Jordan Webb, Emergency Communications Director Mr. Josh Dixon, Fire Chief Mr. Nick Mangarella, Assistant Fire Chief Mr. Brian Williams, Public Works Director Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Dylan Ward, Project Manager Mrs. Donna Madden, Executive Assistant Mr. Travis Owens, Assistant IT Director Mr. Johnathan Hobbs, Bus Operator Mr. Kevin Walters, Crew Worker Ms. Megan Coker, Communications Officer Ms. Meagan Collier, Communications Officer Ms. Amy Roberson, Secretary Mr. McKeal Myers, Sanitation Worker Mr. David Wright, IT Network Administrator II Mr. Victor Carson, IT Network Administrator I Mr. Bart Boles, Henderson Water Utility General Manager Mrs. Angie Gatten, Community Addiction Awareness Coordinator Mr. Bill Latta, Field & Main Insurance Services Ms. Whitney Floyd, Field & Main Insurance Services Ms. Nicole Smith, Field & Main Insurance Services Ms. Deneatra Henderson, KYTC District 2 Chief District Engineer Mr. Dwight Williams Mrs. Kristie Randolph, The Chloe Randolph Organization Ms. Lynda Schreiner, Victim’s Advocate, Henderson County Attorney’s Office Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ 148 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 PRESENTATION: “Twin Bridge Inspection Project and Traffic Update” DENEATRA HENDERSON, Kentucky Transportation Cabinet District 2 Chief District Engineer, gave a brief update on the Twin Bridge Inspection Plan and KYTC’s plan to alter traffic patterns to three lanes on the north bound bridge to help alleviate the traffic backups that have been caused during the south bound bridge inspections. Ms. Henderson explained that this was one time that the traffic models grossly underestimated the real life traffic across the twin bridges. KYTC has mobilized to enact traffic patterns that were implemented in 2016 from a previous bridge project. They hope to have the lane changes completed by the end of the week. Ms. Henderson reported that this type of testing/inspection needs to be completed during daylight hours and that they have six inspectors working instead of the standard one or two with an anticipated completion date of November 18th. ________________________ PROCLAMATION: “Domestic Violence Awareness Month” MAYOR STATON proclaimed the month of October 2023 as “Domestic Violence Awareness Month” in Henderson, Kentucky, and urged all citizens to join in speaking out against domestic violence and actively support local efforts to recognize the importance of domestic violence awareness by supporting the institutions and organizations that encourage domestic violence awareness throughout our community. KRISTIE RANDOLPH, The Chloe Randolph Organization Executive Director, was present to accept the proclamation. She indicated that the open house and ribbon cutting for their new location is scheduled for tomorrow, Wednesday, September 27th from 11 a.m. to 3 p.m. with the ribbon cutting at 11:30 a.m. She further reported that the annual Candles of Hope event has been scheduled for October 28th at the Preston Fine Arts Center. That event will include keynote speaker Detective Jason White from Tulsa homicide of the 48 Hours television show. MAYOR STATON indicated that having this keynote speaker here is a very big deal and hopes that it will garner a lot of attention for this worthy cause. LYNDA SCHREINER, Henderson County Attorney’s Office Victim’s Advocate, highlighted the need for local safe housing of those experiencing domestic violence. ________________________ PRESENTATION: “Workers’ Compensation Refund Check” KAREN PRICE, Benefits Coordinator, introduced BILL LATTA, Director of Insurance, Field & Main Insurance, WHITNEY FLOYD, President, Field & Main Insurance, and NICOLE SMITH, Account Manager, Field & Main Insurance, indicating that the City has been fortunate to work with this team for such a long time. Ms. Floyd thanked the Board for the close partnership over all these years and presented a Kentucky Employers’ Mutual Insurance (KEMI) dividend check in the amount of $59,441.85 to the City for keeping the loss ratio under 65% for the 2020 insurance year. She indicated that this might be the largest dividend check received by the City. SAM LINGERFELT, Safety & Training Coordinator, reported that the City has been with KEMI since 2005. The current budget estimate for the workers’ compensation premium is $341,206.00 and due to receiving discounts for establishing safety policies and training, longevity with the company and our safe work record – the premium went down to $208,230.00 less this dividend for a total of $148,788.00 for the year. City employees are to be commended for their diligence in continued safe work practices. ________________________  149 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 PRESENTATION: “New Employee Recognition” The City Clerk read into the record the names of the six new city of Henderson employees. Upon recommendation of the City Manager: Johnathon Hobbs, Bus Operator, Mass Transit; Kevin Walters, Crew Worker, Public Way Improvement division of Public Works; Megan Coker, Communications Officer, Emergency Communications; Meagan Collier, Communications Officer, Emergency Communications; Amy Roberson, Secretary, Mass Transit; and McKeal Myers, Sanitation Worker, Sanitation Collections division of Public Works. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATION: “Community Addiction Awareness Coordinator Discussion – Narcan Station in Municipal Buildings” ANGIE GATTEN, Community Addiction Awareness Coordinator, reported that the new “Stop the Overdose Project” was created to educate the community to combat the deadly effects of Fentanyl and opioids. She indicated that we have to find ways to erase some of the stigma that is related to substance misuse. One of the ways is to provide Narcan kits in public locations. Narcan is first aid, it goes right along with providing CPR services and should be located along side AEDs (automated external defibrillator). She recommended that the City consider installing Narcan kits in city buildings, DISCUSSION WAS HELD relating to the cost of each canister; who would provide the Narcan – Mrs. Gatten indicated that their program could provide Narcan; who would be responsible for replenishment; possible locations – including expanding from just City owned buildings, but include most City vehicles; that our HART buses have been supplied with Narcan and drivers have been provided training on how to administer it; that the City Manager and Ms. Gatten should detail a Plan to move forward. MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, authorizing the City Manager and the Community Addiction Awareness Coordinator to work out the details of a Plan for the locations, placement and maintenance of Narcan Kits in City owned facilities to best protect our employees as well as the public. 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: ________________________ ORDINANCE NO. 22-23: SECOND 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 Vowels, 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: 150 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 23-23: SECOND 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 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 24-23: SECOND 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 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________  151 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 ORDINANCE NO. 25-23: FIRST READ ORDINANCE AWARDING A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE AN ORDINANCE AWARDING A NON-EXCLUSIVE FRANCHISE TO OPENFIBER KENTUCKY COMPANY, LLC, D/B/A ACCELECOM FOR A TERM OF TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE CONFINES OF THE CITY OF HENDERSON, KENTUCKY; AND AUTHORIZING THE MAYOR TO SIGN FRANCHISE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, 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. 26-23: FIRST READ ORDINANCE AMENDING CHAPTER 8-CEMETERIES AN ORDINANCE AMENDING CHAPTER 8-CEMETERIES, ARTICLE I-IN GENERAL, SEC. 8-3-RULES AND REGULATIONS, AND ARTICLE III-FEES AND CHARGES, SEC. 8-51-INDIGENT BURIALS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Whitt, seconded by Commissioner Thomas, 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. ________________________ RESOLUTION NO. 51-23: RESOLUTION SETTING FEES AND CHARGES FOR CEMETERIES AS AUTHORIZED BY CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the Schedule of Fees and Charges for cemetery services as authorized by Chapter 8, Cemeteries, of the Code of Ordinances. 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: 152 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 WHEREUPON, Mayor Staton declared the resolution 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 47-23: MUNICIPAL ORDER APPROVING CONTRACT BETWEEN CITY OF HENDERSON AND BELL ENGINEERING FOR PROFESSIONAL SERVICES RELATING TO THE NATURAL GAS PROJECT FOR PHASE I AND PHASE II OF THE KENTUCKY TRANSPORTATION CABINET (KYTC) WATSON LANE PROJECT TO IMPROVE SAFETY AND REDUCE CONGESTION ON CS-1372 IN THE AMOUNT OF $150,308.00; AND AUTHORIZE MAYOR TO EXECUTE CONTRACT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve the contract with Bell Engineering for engineering services related to a Kentucky Transportation Cabinet project that requires the City’s natural gas lines to be relocated. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that Watson Lane has been under design as a part of a Kentucky Transportation Cabinet project for some time now. Phase I of the Project includes utility relocation which includes the City’s natural gas lines. KYTC covers the cost of design of utility relocations for this project. 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ MAYOR STATON reported that the next three items have been discussed in detail in previous meetings and were recommended to be brought forward for formal action. MUNICIPAL ORDER NO. 48-23: MUNICIPAL ORDER AWARDING BID FOR THE RECEIPT, SORTING AND MARKETING OF THE CURBSIDE COLLECTION OF RECYCLABLE MATERIALS TO ENTERPRISE ZONE EDUCATION AND TRAINING CENTER CORPORATION OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $120.00 PER TON MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to approve awarding the bid for the receipt, sorting and marketing of curbside collected recyclable materials to Enterprise Zone Education and Training Center Corporation of Evansville, Indiana in the amount of $120.00 per ton, in strict accordance with its bid as submitted pursuant to Bid Reference #23-25. 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:  153 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 49-23: MUNICIPAL ORDER AWARDING BID FOR CURBSIDE RECYCLING TO WASTE MANAGEMENT HOLDINGS, INC OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $6.75 PER MONTH FOR EACH PARTICIPANT MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve awarding the bid for the purchase of curbside recycling services to Waste Management Holdings, Inc. of Evansville, Indiana in the amount of $6.75 per month for each participant, in strict accordance with its bid as submitted pursuant to Bid Reference #23-24. 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 50-23: MUNICIPAL ORDER ACCEPTING PROPOSAL FOR PURCHASE OF A FIRE PUMPER APPARATUS TO ATLANTIC EMERGENCY SOLUTIONS OF MANASSAS, VIRGINIA, IN AN AMOUNT NOT TO EXCEED $841,015.00 MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to approve acceptance of the proposal of Atlantic Emergency Solutions of Manassas, Virginia, for the purchase of a fire pumper apparatus in an amount not to exceed $841,015.00. 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 26, 2023 Maree Collins, CKMC, City Clerk ________________________ 154 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that he has three items for today. The first two are related to Henderson Water Utility. He indicated that he attended their regular board meeting where they passed a resolution authorizing issuance of a $15.1 million revenue bond to be presented to this Board for presentation at the called, October 17th meeting. Further at their meeting, it was reported that the current phase of the Countryview Subdivision Stormwater Drainage project is substantially complete. They have hired an engineering firm to design the last three sections of the project. It is anticipated the bid package will go out sometime late winter. The Project is still on schedule and we hear nothing but positive results from the work that has been completed to date. For the last item, I will ask that Project Manager Dylan Ward present information on the Sports Complex project. DYLAN WARD, Project Manager, reported that he received additional updated information on some of the outstanding PRs ________________________ CITY ATTORNEY’S REPORT: “Proposed Zoning Ordinance Review – Towing Services” DAWN KELSEY, City Attorney, presented a proposed zoning ordinance amendment to update the definitions of Towing Services and Towing Recovery Yards and to place them as a condition use in M-1, Light Industrial District or a permitted use in M-2, Heavy Industrial District. MOTION by Commissioner Thomas, seconded by Commissioner Pruitt to forward the proposed ordinance changes to the Planning Commission to conduct a public hearing and make recommendation. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Abstain: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Parks & Recreation Commission” Reverend Anthony Anguish – Term to Expire September 14, 2023 Donna Spencer – Term to Expire September 14, 2023 MOTION by Commissioner Thomas, seconded by Commissioner Whitt, upon recommendation of Mayor Brad Staton, to re-appoint Reverend Anthony Anguish and Donna Spencer to terms of four years on the Parks & Recreation Commission. Said term to expire September 14, 2027. 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: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Henderson City/County Human Rights Commission” Dr. Michelle Chappell – Term to Expire September 17, 2023 Ginger Stovall (Joint Appointment with County) – Term to Expire September 17, 2023  155 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2023 MOTION by Commissioner Whitt, seconded by Commissioner Vowels, upon recommendation of Mayor Brad Staton, to re-appoint Dr. Michelle Chappell and to jointly appoint with the Henderson County Fiscal Court Ginger Stovall to terms of three years on the Henderson City/County Human Rights Commission. Said terms to expire September 17, 2026. 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: ________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT expressed how proud he was that Henderson was selected as the Green River Area Development District’s (GRADD) ‘Community of the Year’ for the inner- city improvement plan to prioritize projects in the inner-city area. ________________________ MAYOR STATON reported that the next meeting is scheduled for Tuesday, October 17th with the work session to follow that afternoon, with no meeting on the regular night of October 10th due to Fall Break. The work session topics will be a report on homelessness from the Homeless Coalition; and then the Inner City Improvement Plan committees will be presenting final reports on Tuesday, October 24th at 6:00 p.m. at Jefferson school. ________________________ MEETING ADJOURN: MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to adjourn the meeting. 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: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 3:56 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor October 24, 2023 ______________________ Maree Collins, CKMC City Clerk