Board of Commissioners Meetings

185 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 28, 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 Nicholas E. Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. 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. Robert Shoultz, Deputy Police Chief Mrs. Karla Beckgerd, Human Resources Specialist Ms. Karen Price, Benefits Coordinator Mr. Josh Dixon, Fire Chief Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant Mr. Travis Owens, Assistant IT Director Mr. David Wright, IT Network Administrator II Mr. Wesley Gower, IT Programmer Analyst Mr. Todd Bowley, Henderson Water Utility Chief Financial Officer Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Stan Syra, Riney Hancock CPAs PSC Audit and Assurance Service Division (Via Zoom Panelist) Mr. Dwight Williams Rev. Charles Johnson, Henderson City/County Human Rights Executive Director Mr. Vince Tweddell, Publisher/Editor, the Hendersonian 14 News Mr. James Elliott, Police Officer ________________________ PRESENTATION: “Henderson Water Utility Report on Audited Financial Statements for Fiscal Year Ended June 30, 2023” TODD BOWLEY, Henderson Water Utility Chief Financial Officer, introduced STAN SYRA, Riney Hancock CPAs PSC Audit and Assurance Service Division Senior Manager, who gave a brief summary of the Independent Auditor’s Report that was completed by his firm for the City of Henderson Water and Sewer Commission. It was reported that the Henderson Water Utility had received an Unmodified Opinion, or a clean opinion, indicating that all internal controls were in place and all the financial statements are materially correct. Mr. Syra thanked HWU Chief Financial Officer Todd Bowley and his staff for the excellent job he and his staff do to make the process go so smoothly. MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to accept the Water and Sewer Commission, Henderson Water Utility Report on Audited Financial Statements for Fiscal Year ended June 30, 2023, as presented. The vote was called. 186 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: November 7, 2023, Called Joint Meeting with Henderson Water & Sewer Commission November 14, 2023, Regular Meeting November 14, 2023, Called Meeting Resolutions: Res. 56-23: Resolution Adopting Findings of Facts and Conclusions of Law Supporting the Rezone Application for 0 N. Water Street (PID #1-8-3-4), 422 N. Water Street (PID #1-8-3-5), and 100 Fifth Street (PID #1-8-3-6), Containing Approximately 2.16 Acres; Applicants Request a Zoning change/Map Amendment From Riverfront-2 (RF-2) To Central Business District (CBD) With a Graphic Development Plan to Construct a Small Distillery in Downtown Henderson Res. 57-23: Resolution Adopting and Approving the Execution of Supplemental Agreement No. 4 Between the City of Henderson and the Commonwealth of Kentucky Transportation Cabinet, Under the Federal Highway Administration (FHWA), for an Additional Amount of $5,483,317 for Construction Phase of the Wathen Lane Upgrade Project Res. 58-23: Resolution Authorizing the Application to the Kentucky Transportation Cabinet (KYTC) Transportation Development Planning Assistance Program – Creating Vibrant Communities, Acceptance of Funds if Awarded; And Authorizing the Mayor to Execute All Necessary Documents MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to approve the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: November 28, 2023 Maree Collins, CKMC, City Clerk ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, was asked to give a brief update on the timing of the Wathen Lane project. Mr. Newman reported that with the approval and acceptance of Supplemental #4, the Kentucky Transportation Cabinet will give final approval for the City to move forward with the bid process for the construction portion of the project. It is anticipated to have the bid go out next week with a 21 day closing date. Barring any unexpected issues, that would put award of the construction bid in mid-January. ________________________  187 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 ORDINANCE NO. 32-23: SECOND READ ORDINANCE AMENDING CHAPTER 17-PARKS AND RECREATION RELATING TO CLOSING TIMES AN ORDINANCE AMENDING CHAPTER 17-PARKS AND RECREATION, ARTICLE I- IN GENERAL, ESTABLISHING CLOSING TIMES FOR CERTAIN CITY PARKS BY ADDING SEC. 17-7-CLOSING TIMES FOR REV. ANTHONY BROOKS PARK, COMMUNITY PARK, EAST END PARK, KIMMEL PARK, AND PLAYGROUNDS IN ALL CITY PARKS EXCEPT DURING SPECIAL EVENTS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. DISCUSSION WAS HELD relating to the desire to extend the proposed closing time from 10:00 p.m. to 11:00 p.m. to accommodate extended usage of those parks, particularly in the summertime; and how the new hours would be posted at the various entrances to the affected parks. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to amend the closing time from 10:00 p.m. to 11:00 p.m. for Reverend Anthony Brooks Park, Community Park, East End Park, and Kimmel Park and playgrounds in all City parks except during Permitted special events. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: The vote was called on the ordinance as amended. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the amended 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. 33-23: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING RELATING TO TOWING SERVICES AND TOWING AND RECOVERY YARDS ORDINANCE AMENDING ARTICLE II-DEFINITIONS, SEC. 2.01-DEFINITIONS; AND AMENDING ARTICLE XXIV-M-2, HEAVY INDUSTRIAL DISTRICT, SEC. 24.06- CONDITIONAL USES OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON RELATING TO TOWING SERVICES AND TOWING AND RECOVERY YARDS MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. MAYOR STATON reminded everyone that current businesses would not be affected by this ordinance, only new towing services or towing and recovery yards will be affected. The vote was called. 188 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ 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: November 28, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 34-23: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING ADD ARTICLE XXXVI- RENEWABLE ENERGY SYSTEMS ORDINANCE AMENDING APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON CREATING ARTICLE XXXVI- RENEWABLE ENERGY SYSTEMS; AMENDING SEC. 4.22-SOLAR ENERGY SYSTEMS (SES) BY RELOCATING THE ENTIRE SECTION TO ARTICLE XXXVI AND CREATING SEC. 36.01-SOLAR ENERGY SYSTEMS (SES); CREATING SEC. 36.02-BATTERY ENERGY STORAGE SYSTEMS; AND AMENDING ARTICLE XXIV-M-2, HEAVY INDUSTRIAL DISTRICT, SEC. 24.06-CONDITIONAL USES MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Nay: 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: November 28, 2023 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 35-23: FIRST READ ORDINANCE AMENDING THE OFFICIAL ZONING MAP AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON BY REZONING PROPERTIES LOCATED IN THE CITY OF HENDERSON AT 0 N. WATER (PID #1-8-3-4), 422 N. WATER STREET (PID #1-8-3-5), AND 100 FIFTH STREET (PID #1-8-3-6), CONTAINING APPROXIMATELY 2.16 ACRES; APPLICANTS REQUEST A ZONING CHANGE/MAP AMENDMENT FROM RIVERFRONT-2 (RF-2) TO CENTRAL BUSINESS DISTRICT (CBD) WITH A GRAPHIC DEVELOPMENT PLAN MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye:  189 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 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. 54-23: MUNICIPAL ORDER ACCEPTING PRE-OPENING ADVISORY MANAGEMENT SERVICES AGREEMENT BETWEEN CITY OF HENDERSON AND SPORTS FACILITIES MANAGEMENT, LLC FOR PRE-OPENING ADVISORY MANAGEMENT SERVICES RELATING TO THE CITY OF HENDERSON SPORTS COMPLEX LOCATED ON AIRLINE ROAD IN THE AMOUNT OF $80,000.00; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the Pre-Opening Advisory Management Services Agreement with Sports Facilities Management, LLC in the amount of $80,000.00 for services relating to the new Sports Complex. MAYOR STATON reported that Project Manager Dylan Ward presented this item for assistance and guidance on issues relating to setting up and operations of opening the sports complex at a previous meeting with consensus from the Board to bring this contract for formal approval. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ 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: November 28, 2023 Maree Collins, CKMC, City Clerk ________________________ COMMISSIONER’S REPORTS: COMMISSIONER THOMAS indicated that he wanted to acknowledge what a great job that the Sanitation division has been doing. ________________________ COMMISSIONER PRUITT indicated that he enjoyed time spent at the Salvation Army Thanksgiving Day luncheon with all of the people that came out for good fellowship and a great meal. ________________________ EXECUTIVE SESSION: “Personnel” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(f) for the purpose of discussions which might lead to the appointment of an employee. The vote was called. On roll call, the vote stood. Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: 190 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 28, 2023 WHEREUPON, Mayor Staton declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Absent: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 3:45 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor December 12, 2023 ______________________ Maree Collins, CKMC City Clerk