Board of Commissioners Meetings

1 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 09, 2024, 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 Brad Staton presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt 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 Ms. Chelsea Mills, Finance Director Mrs. Dawn Winn, Assistant Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Josh Dixon, Fire Chief Mr. Ayron Thompson, Assistant Fire Chief Mr. Sean McKinney, Police Chief Mr. Robert Shoultz, Deputy Police Chief Mr. Jeremy Conrad, Police Major Mr. Stuart O’Nan, Police Lieutenant Mr. Scooby, Police Therapy Dog Mr. Briscoe Edwards, Police Officer Mr. Austin Hatchett, Police Officer Mr. Dylan Ward, Project Manager Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. StePhan McGuire, Safety Intern Mrs. Donna Madden, Administrative Secretary Mr. Travis Owens, IT Programmer/Analyst Mr. Wesley Gower, IT Programmer Analyst Mr. Victor Carson, IT Network Administrator I Mr. Bart Boles, HWU General Manager Mr. Brian Bishop, Henderson/Henderson County Planning Commission Executive Director Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. John Clark, KLC Law Enforcement Consultant Mr. Dwight Williams Rev. Charles Johnson, Henderson City/County Human Rights Executive Director Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PRESENTATION: “New Employee Recognition” Chief SEAN MCKINNEY introduced the three newest members of the Henderson Police department: AUSTIN HATCHETT, Police Officer TROY BROWN, Police Officer 2 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 SCOOBY, Police Therapy Dog in-training. Lieutenant O’Nan indicated that Scooby, a Great Dane mix, is a rescue from a local shelter and begins his training later tonight to be the departments therapy dog. This program is designed to provide comfort and emotional support, which can improve psychological well-being for officers. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATION: “Kentucky League of Cities Award” JOHN CLARK, Kentucky League of Cities Law Enforcement Consultant presented the Henderson Police department with an award plaque for achieving a 100% score on its Safety and Liability Review. This audit encompasses the training, policies, and practices of the HPD. This achievement is met by only 15% of departments statewide. As a bonus there is an insurance premium discount of 10% and due to this record the underwriters premium could also be reduced with such a score. ________________________ APPEARANCE OF CITIZENS: REVEREND CHARLES JOHNSON, Henderson-Henderson County Human Rights Commission Executive Director, reported that the Henderson-Henderson County Human Rights Commission will be hosting the Dr. Martin Luther King Day of Celebration – Moving On With The Dream To Empower The Community, event at noon on Monday, January 15th at the First United Methodist Church, 338 3rd Street. The keynote speaker is Rev. Dr. Adrian M. Brooks, Sr., Senior Pastor, Memorial Baptist Church and President/CEO Memorial Community Development Corporation, Evansville, Indiana. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: December 28, 2023, Special Called Meeting Resolution: Res. 01-24: Resolution Approving Human Resources Report Dated January 09, 2024 MOTION by Commissioner Whitt, 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 Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: January 09, 2024 Maree Collins, CKMC, City Clerk ________________________  3 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 ORDINANCE NO. 01-24: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING - SHIPPING CONTAINERS ORDINANCE AMENDING ARTICLE II-DEFINITIONS, SEC. 2.01-DEFINITIONS; ARTICLE XVI-R-MH, MANUFACTURED HOME DISTRICT, SEC. 16.02-PERMITTED USES; ARTICLE XIX-GENERAL BUSINESS DISTRICT, SEC. 19.03-CONDITIONAL USES; ARTICLE XX-CBD, CENTRAL BUSINESS DISTRICT, SEC. 20.03-CONDITIONAL USES; ARTICLE XXI-H-C, HIGHWAY COMMERCIAL DISTRICT, SEC. 21.03-CONDITIONAL USES; ARTICLE XXXIV-HENDERSON INNOVATIVE PLANNING DISTRICT, SEC. 34.02- PERMITTED USES, 2.-CONDITIONAL USES; AND ARTICLE XXXV-R-SMH, RESIDENTIAL SUBDIVIDED MANUFACTURED HOME DISTRICT, SEC. 35.02-PERMITTED USES; OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON RELATING TO SHIPPING CONTAINER HOMES AND COMMERCIAL FACILITIES DAWN KELSEY, City Attorney, reported that the proposed amendments were reviewed in December to allow shipping container use for housing in two districts and commercial uses with conditional use in Highway Commercial and Henderson Innovative Planning zones. She further reported that all Kentucky building, electrical, plumbing regulations must be adhered to for this type of use. MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. MAYOR STATON indicated that if this goes well, it can be expanded into other zoning districts in the future. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt 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. 01-24: MUNICIPAL ORDER AWARDING BID FOR MOWING SERVICES FOR CITY PROPERTIES IN GROUP B TO BRANDON’S LAWN AND LANDSCAPING OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $69,408.00 MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to approve the purchase of mowing services for City Properties in Group B to Brandon’s Lawn and Landscaping in the approximate amount of $69,408.00 in strict accordance with the bid as submitted pursuant to Bid Reference 23-30. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt 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: January 09, 2024 Maree Collins, CKMC, City Clerk ________________________ 4 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 MUNICIPAL ORDER NO. 02-24: MUNICIPAL ORDER AUTHORIZING PURCHASE OF A 2024 FREIGHTLINER M2106 CHASSIS, PAC-MAC RLM11 PACKER BODY WITH A DIAMONDBACK TIPPER FOR THE PUBLIC WORKS DEPARTMENT BY COMMONWEALTH OF KENTUCKY MASTER AGREEMENT MODIFICATION #MA605 2300000431 FROM VELOCITY TRUCK CENTERS OF LEXINGTON, KENTUCKY, IN THE PURCHASE AMOUNT OF $191,700.00 BRIAN WILLIAMS, Public Works Director, gave a brief report indicating that the vendor awarded the bid in 2022 for this purchase has been unable to obtain the necessary chassis and/or tipper; therefore, he requested termination of that purchase and authorization to purchase utilizing the Kentucky Master Agreement. The price of the truck with tipper has gone up slightly since the 2022 bid. WILLIAM L. NEWMAN, JR., City Manager, reported that because this was budgeted in a previous year, this will be included in the mid-year budget amendment. MOTION by Commissioner Vowels, seconded by Commissioner Whitt, to approve the purchase of a 2024 Freightliner M2106 chassis, Pac-Mac RLM11 packer body with a Diamondback tipper for the Sanitation division of the Public Works department by Commonwealth of Kentucky Master Agreement Modification #MA605 2300000431 from Velocity Truck Centers in the amount of $191,700.00 and cancellation of award by Truck Centers, Inc. Bid Reference #22-28. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt 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: January 09, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “Rezoning #1155with a Revised Master Plan/Development Plan – Harpeth Glen Trace & Sand Castle Drive” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for the property located at Harpeth Glen Trace & Sand Castle Drive (PID #74-83), containing approximately 12.218 acres, per Master Plan/Development Plan to amend the existing Master Plan/Development Plan approved in 2003, with smaller lots which allowed for some of the lots to be used for townhouses (both the amended Master Plan/Development Plan and the Narrative Development Plan restrict the development to single-family only use/development), after conducting a public hearing at the December 5, 2023, meeting and producing findings of fact at the January 3, 2024 called meeting. The Zoning Map Amendment shall become final on Thursday, January 25, 2024, 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 January 24, 2024. Mr. Newman reported that since the Findings of Fact were approved, the Planning Commission has received three requests for review. He recommended that the City Attorney prepare an informational packet with the available options to address these requests for the Board members so that a determination on how to proceed can be made at the January 23rd regular meeting. ________________________  5 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 CITY ATTORNEY’S REPORT: “Ordinance Review – Parking and Tax Moratorium” DAWN KELSEY, City Attorney, presented information on proposed amendments to the parking ordinance. Currently parking ordinances are located in several different sections of the Code of Ordinances. Staff recommends updating and moving all parking related ordinances into Chapter 22 Traffic and Motor Vehicles. Also, if random parking enforcement to encourage better self-regulation of parking in the Central Business District is how the Board would like to proceed, staff recommends increasing fines across the board. DISCUSSION WAS HELD relating to the amount of increase of violating “handicap” and “across the line” parking; the number of days before the fine doubles; and when parking in the CBD would be enforced. It was suggested that the number of days before the fine doubles be increased from five business days to ten business days; that the violation for “across the line” fine remain at $10.00; and that parking enforcement would be done on a random day of the week Monday through Friday, except City holidays, between the hours of 8:00 a.m. and 5:00 p.m. DAWN KELSEY, City Attorney, presented information on proposed amendments to the tax moratorium ordinance. One of the suggestions from the Inner City committees was to expand the tax moratorium to the Inner City. Subsequent discussions led to the proposal to expand the moratorium to all zoning districts except the M1, Heavy Industrial and M2, Light Industrial due to state incentives for those industries. State statutes regulate most of the rules for the tax moratorium except that we propose the addition of a restriction that the project be not less than 10% of the assessed value of the property due to the manpower and amount of work that goes on between city and Property Valuation Administration (PVA) staff to administer the program. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER VOWELS wished everyone a Happy New Year. ________________________ MAYOR STATON reported that there will be a work session next Tuesday, January 17th beginning at 9:00 a.m. through approximately 2:00 p.m. at the UK Extension Office on Zion Road. This is a review of goals and objectives from the previous year and setting goals for the upcoming year. ________________________ APPOINTMENT: “Public Energy Authority of Kentucky” Vacancy (Steve Austin resigned 12/31/2023 as Mayor’s designee) MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to confirm appointment, Mayor Staton to the Board of Directors of Public Energy Authority of Kentucky (PEAK) per the Interlocal Agreement. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Abstain: ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(b) for the purpose of discussion of the sale and purchase of real property in the vicinity of U.S. Highway 60 West and Old Corydon Road and Kentucky Highway 425. 6 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 09, 2024 The vote was called. On roll call, the vote stood. Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: 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 Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ 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 Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:40 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor January 23, 2024 ______________________ Maree Collins, CKMC City Clerk