Board of Commissioners Meetings

11 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 23, 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 Bradley S. 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 Mr. Robert Gunter, Finance Director (Outgoing) Mrs. Connie Galloway, Human Resources Director Mrs. Karla Beckgerd, Human Resources Specialist Mr. Brian Williams, Public Works Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Josh Dixon, Fire Chief Mr. Nick Mangarella, Assistant Fire Chief Mr. Sean McKinney, Police Chief Mr. Robert Shoultz, Deputy Police Chief Ms. Jordan Webb, Emergency Communications Director Ms. Crystal Windhaus, Mass Transit Coordinator Mr. Dylan Ward, Project Manager Mr. Mark Simmons, Sports Complex Manager Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant Mr. Greg Nunn, Information Technology Director Mr. Travis Owens, IT Programmer/Analyst Mr. Daniel Smith, Crew Worker, Public Works Mr. Slade McConnell, Police Officer Mr. William “Derek” Nantz, Police Officer Mr. Zachary Wareyko, Police Officer Mr. Harley Wilkinson, Police Officer Mr. Nick Beals, IT System Administrator Mr. Tim Barron, PT Bus Operator Mr. Wesley Gower, IT Programmer Analyst Mr. David Wright, IT Network Administrator II Mr. Victor Carson, IT Network Administrator I Mr. Brian Aldridge, Deputy Design Manager, Stantec Consulting Services Mr. Jason Ragle, Project Manager, Ragle Inc. Mr. Brian Bishop, Henderson/Henderson County Planning Commission Executive Director Mr. Dwight Williams, Commissioner Candidate Mr. Tom Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ 12 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 PRESENTATION: “New Employee Recognition” The following newly hired employees were introduced: Daniel Smith, Crew Worker, Public Works; Slade McConnell, Lateral Police Officer, Henderson Police Department; William “Derek” Nantz, Police Officer, Henderson Police Department; Zachary Wareyko, Police Officer, Henderson Police Department; Harley Wilkinson, Police Officer, Henderson Police Department; Nick Beals, System Administrator, Information Technology Department; and Tim Barron, PT Bus Operator, HART The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATIONS: “I-69 Team KYTC/Ragle, Inc.-Enhancements to the Second Street Corridor” BRIAN ALDRIDGE, Stantec Consulting Services, Deputy Design Manager, gave a brief overview of the proposed project of the Kentucky 351 or Second Street corridor. He indicated that the project will be the crown jewel of this transformational project for the Henderson community and surrounding area. Mr. Aldridge focused on the project concepts for the streetscape of the proposed round-abouts that will be the entrance to Henderson. He reported that the Kentucky Transportation Cabinet allocated $600,000.00 to be used solely for aesthetic enhancements to the Second Street corridor. The proposed streetscape projects follow KYTC and safety standards. There are three round-abouts included in the design which resemble a dog bone. Each round-about has a separate center/main focus-the first contains the gateway welcome signage specifically designed to include Henderson’s feather logo, the fonts and colors are consistent with branding guidance from the city of Henderson and the message on the back side is the branded slogan “Discover your nature.” The round-abouts are designed to accommodate semi-trucks with a stamped concrete apron. The middle round-about will contain three flag poles with decorative uplighting reminiscent of the flag poles at the Henderson riverfront. The third and last round-about contains a concrete pad with decorative uplighting, conduit, etc. for an art installation. The proposed concrete art installation is not included in this project; however, everything will be ready to install the proposed bust of the Henderson County High School Mascot once the project is complete. Landscaping has been designed consistent with feedback from Andy Rideout, Henderson County Extension Office, and others with a good balance of plant varieties and decorative features with a lot of color. Also included in the proposed project will be a wider than standard, 8-foot sidewalk, on the south side of the corridor for this heavily used pedestrian corridor. Crosswalks are included along the south side entrance and exit ramp of I-69 South and at KY 2084 on the west side of Palmer’s Market. There are no crossings of KY 351 for pedestrians within the interchange. Lighting for the project is not included in this streetscape funding but was included in the base RFP to include vintage styled lighting similar to lighting in the downtown area and up the Second Street corridor that will meet all current specific lighting requirements. COMMISSIONER PRUITT, indicated, and was unanimously echoed by the other Board members, that it looks nice and will be a really nice gateway into our community. COMMISSIONER VOWELS asked for a summarization of the benefit of utilizing round-abouts compared to a traditional intersection. Mr. Aldridge explained that round-abouts are considered first choice over signalized intersections for reasons of traffic operations as they tend to be more efficient and safer. Safety is the biggest benefit throughout the country with a 40 to 60% reduction in crashes over traditional intersections. Also, recognizing the importance of this gateway corridor into the community providing for three separate streetscape installations and providing the safest traffic operations near these two large schools. Mr. Aldridge indicated that round-abouts do a tremendous job of regulating speeds and reducing severe crashes because you cannot drive through a round-about at an exceptionally high rate of speed.  13 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 JASON RAGLE, Project Manager, reported on the timeline for the project. He indicated that utility work will begin late this winter and into early spring and some work on the KY 2084 approach to KY 351. All this prep work will lead to single lane restrictions once school is out in May. The goal this summer is to have the western round-about completed and in a functioning manner when school starts back in August. The RFP has specific restrictions for work during the school year and we anticipate working through that for completion in 2025. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, asked about one other enhancement that was not part of this design project, but was paid for as a Henderson Leadership Initiative project and incorporated into the design and will be completed by Ragle as part of the overall project . Mr. Aldridge indicated that signage on either end of the project bridge barrier walls, similar to that on the US 41 interchange at the Lloyd Expressway in Evansville, was designed by and paid for as an HLI community project and includes welcome to Henderson messaging with a decorative wave pattern reminiscent of waves on the river to tie into Henderson’s history and the riverfront. Mr. Newman indicated that this is just one example of the overall holistic approach that has been used over the past 18 months or so between all parties involved in making the I-69 corridor into Henderson a very special one. He thanked them for their work and indicated that he looks forward to completion of the project in 2025. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: January 09, 2024, Regular Meeting January 12, 2024, Called Joint Meeting-Water & Sewer Commission Resolutions and Municipal Orders: Res. 02-24: Resolution Approving Human Resources Report Dated January 23, 2024 Res. 03-24: Resolution Appointing Bradley S. Staton as Director to Board of Public Energy Authority of Kentucky (PEAK) M.O. 03-24: Municipal Order Approving Mutual Aid Assistance Agreement Between the City of Henderson and the Ohio Township Fire Department; and Authorizing the Mayor to Execute the Agreement MOTION by Commissioner Thomas, seconded by Commissioner Whitt, 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ 14 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 ORDINANCE NO. 01-24: SECOND 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 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: January 23, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 02-24: FIRST READ ORDINANCE AMENDING CHAPTER 21, TAXATION – TAX MORATORIUM AN ORDINANCE AMENDING CHAPTER 21, TAXATION, ARTICLE VI-PROPERTY ASSESSMENT AND REASSESSMENT MORATORIUMS, SECTION 21-91, MORATORIUM PROGRAM ESTABLISHED AND REPEAL OF SECTION 21-93, MORATORIUMS TO BE LIMITED TO FIVE-YEAR PERIOD IN THE CODE OF ORDINANCES OF 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 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. 04-24: MUNICIPAL ORDER AWARDING BID FOR THE 02-382 WATHEN LANE UPGRADE PROJECT TO YAGER MATERIALS CORP. OF OWENSBORO, KENTUCKY , IN THE BID AMOUNT OF $4,115,140.98 WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the project includes widening drive lanes, adding curb and gutter, and an 8-foot wide multi-use path on the  15 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 west side and relocation of utility infrastructure. The project begins at US 60 and extends northerly approximately 1.42 miles to just past the City limit line. Electronic signage for the project should be in place by mid-February with construction to begin March 1st and completion by December 15, 2024. The FY24 budget includes sufficient funds to cover the 20% required match, however, the FY25 budget may need an adjustment to cover any remaining cost overages due to the extended length to get the project to fruition. MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the award of the bid for the Wathen Lane Roadway Construction project in strict compliance with their bid as submitted pursuant to Bid Reference No. 24-01. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 05-24: MUNICIPAL ORDER APPROVING THE EXTENSION OF THE GOLF COURSE OPERATION AND MANAGEMENT AGREEMENT AND LEASE BETWEEN THE CITY OF HENDERSON AND K & J COURSE MANAGEMENT, LLC OF SLAUGHTERS, KENTUCKY FOR THE BRIDGES GOLF COURSE OF HENDERSON MOTION by Commissioner Whitt, seconded by Commissioner Vowels, to approve the extension of the golf course management agreement and lease with K & J Course Management, LLC for The Bridges Golf Course of Henderson for an additional five year term in strict compliance with Article 4, Section 4.6 Reimbursement Template of the Agreement. DYLAN WARD, Project Manager, reported that scheduling conflicts prevented Kevin and Scotty from attending today to convey their appreciation for the opportunity to extend the collaboration between the City and K & J Course Management. Mr. Ward reported that the Bridges had 18,500 rounds of golf with 60% estimated from outside Henderson; sold 70 season passes; hosted 25 fund raiser outings; is home of all three middle schools; has been a true community partner; and has returned approximately $25,000 to $30,000 back to the City that is held for shared expenditures (which have been estimated at $100,000 over the past five years). Dylan indicated that this has been a very successful project and is a great example of public/private partnership. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ 16 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 MUNICIPAL ORDER NO. 06-24: MUNICIPAL ORDER APPROVING THE SALE OF SURPLUS REAL PROPERTY AT 228 AND 230 N. ALVASIA STREET AND 720 THIRD STREET TO RBI GROUP, LLC IN THE AMOUNT OF $225,195.00 MOTION by Commissioner Whitt, seconded by Commissioner Pruitt, to approve the sale of surplus property at 228 and 230 N. Alvasia Street and 720 Third Street to RBI Group, LLC in strict accordance with their bid price of $225,195.00. BART BOLES, Henderson Water Utility General Manager, reported that one bid was received from Roger Brown, RBI, for the three lots that are adjacent to his property on Second Street. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 07-24: MUNICIPAL ORDER APPROVING SALES AND PURCHASE CONTRACT BETWEEN OTHA WARREN TRUSTEE OF CASSIUS T. BENTLEY JR. TESTAMENTARY TRUST AND THE CITY OF HENDERSON FOR THE PURCHASE OF APPROXIMATELY 54.57 ACRES OF REAL ESTATE, MORE OR LESS, FOR THE SUM OF $1,364,250.00 IN CASH; TO BE USED FOR FUTURE ECONOMIC DEVELOPMENT SITE; AND AUTHORIZING MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the sales and purchase contract between the City and Otha Warren Trustee of Cassius T. Bentley Jr. Testamentary Trust for the sum of $1,364,250.00 in cash, to be used as future economic development site. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that Henderson Economic Development held an option to acquire the farm adjacent to the Pratt property on the KY 425 bypass. The Water & Sewer Commission has agreed to partner with the City to purchase the property for future economic development. The property is almost a build-ready site, not pad-ready, but build-ready. The property has water, sewer and gas service available, and road frontage; and is probably the last developable property on KY 425. Mr. Newman expressed appreciation to the Water & Sewer Commission along with Henderson Water Utility staff for joining in the purchase. 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  17 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 Bradley S. Staton, Mayor ATTEST: January 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 08-24: MUNICIPAL ORDER APPROVING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HENDERSON AND THE HENDERSON WATER UTILITY REGARDING THE ACQUISITION OF PROPERTY OFF OLD CORYDON ROAD AND KENTUCKY 425 (2340 OLD CORYDON ROAD); AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve execution of a Memorandum of Understanding with the Water & Sewer Commission setting the responsibilities of each party regarding the acquisition of real property off Old Corydon Road and KY 425 (2340 Old Corydon Road) for future economic development. DAWN KELSEY, City Attorney, indicated the Water & Sewer Commission is splitting the cost of the property on KY 425 with W&S/HWU agreeing to spend up to $800,000.00 based on future water/sewer use of an industry sited on the property. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has received several requests for review relating to a recent Planning Commission rezoning of a portion of Braxton Park subdivision. Mr. Newman requested that the City Attorney prepare a packet of information relating to the Board’s options for review. ________________________ CITY ATTORNEY’S REPORT: “Ordinance Review – Dogs in Public Areas; and Short Term Rentals” TRACE STEVENS, Parks, Recreation and Cemeteries Director, reported that parks staff has recently had several issues with dogs off-leash in public parks and currently our ordinance indicates only that the animal must be “under immediate control” of such person – “under the immediate control” is defined as the power to manage and direct the dog and is not limited to physical control of the dog. DAWN KELSEY, City Attorney, presented information on proposed amendments to ordinances relating to an owners’ responsibilities for dogs in public areas. Mrs. Kelsey reported that our ordinances are lacking in specific leashing regulations as well as requirements for cleaning up after one’s pets compared to other like Kentucky communities. The proposed changes would include that dogs are not allowed to run at large outside of their owner’s property, or a designated dog park. Also, amendments would include requirements for removal and disposal in a sanitary manner of any excrement deposited by any dog or other animal. 18 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 23, 2024 Without objection, the proposed changes will be included in ordinance form for future consideration. ________________________ DAWN KELSEY, City Attorney, presented information on proposed amendments to the zoning ordinance to adopt a short term rental ordinance. Henderson County has adopted a short- term rental ordinance and the proposed City ordinance is largely the same with some modifications. Our proposed ordinance is less restrictive in relation to whether the STRP is the primary residence of the property owner and does not apply restrictions to multi-family units; allows for one sign no larger than one square foot to serve as identification of the property; pursuant to changes in Kentucky Statutes, the permit holder and/or any person that facilitates the rental of the accommodations of STRP shall be responsible for collecting and remitting all applicable taxes; any STRP currently within the City limits that is compliant with applicable taxes shall be grandfathered in-any expansion or change in ownership will require a Conditional Use Permit; Conditional Use Permit required setting specific requirements based on individual locations; and if Conditions are not met or are routinely violated, the Permit can be revoked by the Board of Zoning Adjustment. 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 Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: ________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT announced that his son had been cast in “Selma the Musical” and starts rehearsals for their Broadway debut. ________________________ MAYOR STATON reported that there will be a small team going to Frankfort tomorrow for discussions on the conference center project. The Governor has included funds in his budget and now we need to work on funding for the access road. ________________________ 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 Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Aye: Mayor Staton -------------- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:10 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor February 13, 2024 ______________________ Maree Collins, CKMC City Clerk