Board of Commissioners Meetings

19 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 13, 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. 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. Robert Shoultz, Deputy Police Chief Ms. Jordan Webb, Emergency Communications Director Mr. Dylan Ward, Project Manager Mrs. Hannah Ward Ms. Lindley Ward Master Caleb Ward Mr. Brian Ward Mrs. Karen Ward Mr. Mark Simmons, Sports Complex Manager Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant Mrs. Beth Austin, Account Technician Mr. Mike Austin and Family Ms. Lorelei Duncan, Henderson County High School FFA President Mr. J.T. Payne, Henderson County High School FFA Faculty Advisor Ms. Kathy Lancaster, Henderson County High School FFA Mr. Jim McKeon, Henderson County High School FFA Mr. Travis Owens, IT Programmer/Analyst Mr. Wesley Gower, IT Programmer Analyst Mr. Bill Raleigh, IT Support Specialist Ms. Melissa Clements, United Way Executive Director Ms. Kelsi Dunham, United Way Community Impact Manager Mr. Scott McCord Mr. Greg Billiter, Braxton Park Resident Mr. Brian Bishop, Braxton Park Resident Mr. Dwight Williams, Commissioner Candidate Mr. Tom Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ 20 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 APPEARANCE OF CITIZENS: SCOTT MCCORD, 625 South Main Street, Henderson, Kentucky, requested information on the status of his request to have the vacant lot behind his property (601 W. Main Street) declared surplus and put up for sale. WILLIAM L. NEWMAN, JR., City Manager, explained that the lot was used by Henderson Municipal Power & Light for a substation and is now vacant, but there is some question of ownership as during that timeframe, all property was purchased in the City’s name for its utilities. Discussions with HMPL are ongoing regarding declaring the property surplus. ________________________ GREG Billiter, 3208 Culpepper, in Braxton Park, asked if the Planning Commission’s recommendation on Braxton Park would be considered today, and if so, he would like a chance to comment on some items that came up during the Planning Commission meeting that need clarification. ________________________ PROCLAMATION: “National FFA Week” MAYOR STATON proclaimed the week of February 17-24, 2024, as “National FFA Week” in the City of Henderson. J. T. PAYNE, FFA Faculty Advisor, and LORELEI DUNCAN, FFA President, accepted the proclamation on behalf of the group and reported that some new projects were in the works for this spring. ________________________ PRESENTATION: “New Employee Recognition” Mr. Tommy Crook, PT Gas Distribution Crew Leader, was unable to attend the meeting. The BOARD OF COMMISSIONERS welcomed our new team member for employment with the City of Henderson and invited him to attend a future meeting. ________________________ PRESENTATION: “25-Year Service Award” MAYOR STATON expressed appreciation to Account Technician BETH AUSTIN for her 25 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “United Way – Proposed City/County Agency Funding/Grant Application Process” MELISSA CLEMENTS, United Way of Henderson County Executive Director, presented information on proposed changes to the City’s Outside Agency Funding process. The United Way had been asked to administer the allocations for the City and the County agency funding programs. The new program will review applications based on specific criteria that would include but not limited to: oversight, accountability, long term sustainability; and duplication of services. All applications will be online and the City/County would have final approval of all funding allocations. United Way would not be eligible for City/County funds outside of the five percent administration fee for administering the program. A Memorandum of Understanding will be presented in the near future to detail the Program. ________________________  21 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: January 16, 2024, Work Session/Strategic Goal Planning Retreat January 24, 2024, Regular Meeting Resolutions and Municipal Orders: Res. 04-24: Resolution Approving Human Resources Report Dated February 13, 2024 Res. 05-24: Resolution Approving Henderson Emergency Services Wrecker Service Agreement for any Wrecker Service that Desires to be Added to the Rotation List Maintained by the Henderson Emergency Communications Center M.O. 09-24: Municipal Order Approving Mutual Aid Assistance Agreement Between the City of Henderson and the City of Booneville, Indianna; 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: February 13, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 02-24: SECOND 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 Whitt, seconded by Commissioner Thomas, 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: February 13, 2024 Maree Collins, CKMC, City Clerk ________________________ 22 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 ORDINANCE NO. 03-24: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN BY RECLASSIFYING THE POSITION OF PUBLIC INFORMATION OFFICER TO PUBLIC RELATIONS DIRECTOR 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 04-24: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2024 BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2023-2024 BUDGET FOR CERTAIN NON-HAZARDOUS POSITIONS IN THE ADMINISTRATION DEPARTMENT 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. ________________________ ORDINANCE NO. 05-24: FIRST READ ORDINANCE AMENDING CHAPTER 6 – ANIMALS, ARTICLE II - DOGS AN ORDINANCE AMENDING CHAPTER 6 – ANIMALS, ARTICLE II – DOGS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON BY REVISING SEC. 6-24, RUNNING AT LARGE, ADDING SEC. 6-27, SANITARY DISPOSAL OF DOG FECES, AND ADDING SEC. 6-28, DOG PARKS 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________  23 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 MUNICIPAL ORDER NO. 10-24: MUNICIPAL ORDER GIVING NOTICE TO THE HENDERSON COUNTY FISCAL COURT OF THE CITY OF HENDERSON’S INTENT TO ANNEX PROPERTY CONTIGUOUS TO THE CURRENT CITY LIMITS WITH THE ADDRESS OF 2340 OLD CORYDON ROAD (PVA PARCEL 46-10) MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to approve giving notice of intent of annexation to Henderson County Fiscal Court for property located at 2340 Old Corydon Road. 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: February 13, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 11-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE AND INSTALLATION OF TREES FOR THE CITY’S SPORTS COMPLEX TO STOCKERS LANDSCAPING, LLC OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $29,835.00 MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the purchase of 400 Arbovitae Green Giant trees, each being five to six feet tall, including delivery and labor for installation as a privacy screening per the specified design as set out in the bid package in the amount of $29,835.00, in strict accordance with the bid as submitted pursuant to Bid Reference 24-02. DYLAN WARD, Project Manager, reported that the trees will be planted in two rows along the eastern boundary of the sports complex as a privacy barrier to assist with noise and light pollution for adjoining properties. Dylan reported that Mark Simmons did a great job of researching options, these evergreen trees are anticipated to grow 3 to 5 feet per year and will provide a good privacy barrier. Mr. Ward also reported that earlier in the day, the Henderson Fiscal Court approved the expenditure of $1,053,998.00 for the LED lighting contract at the sports complex. The City will award the bid and oversee the project and once complete, Fiscal Court will reimburse the City. 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: February 13, 2024 Maree Collins, CKMC, City Clerk ________________________ 24 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 BOARD/COMMISSION APPOINTMENT: “Board of Occupational License Appeals” Randall Sellars – Term to Expire December 31, 2023 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Staton, to appoint, Ross Scott to a four-year term on the Board of Occupational License Appeals. Said term to expire December 31, 2027. 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: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Water & Sewer Commission” Paul Bird – Term to Expire January 12, 2024 Gary Jennings, D.M.D. – Term to Expire January 12, 2024 MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, upon recommendation of Mayor Staton, to re-appoint, Paul Bird and Gary Jennings, D.M.D. to three- year terms on the Water & Sewer Commission. Said term to expire January 12, 2027. 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: ________________________ BOARD/COMMISSION APPOINTMENT: “Ethics Board” Ryan Nunn – Term to Expire February 14, 2026 MOTION by Commissioner Whitt, seconded by Commissioner Vowels, upon recommendation of Mayor Staton, to appoint, Adam Blythe to a two-year term on the Ethics Board. Said term to expire February 14, 2026. 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: ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that there would be a called meeting next Tuesday, February 20th at 3:00 p.m., in lieu of the regular February 27th meeting, followed by the Mid-Year Budget Review and FY 2025 Preliminary Review Work Session. ________________________ CITY ATTORNEY’S REPORT: “Ordinance Review – Parking Lots and Garages” DAWN KELSEY, City Attorney, presented information on proposed amendments to the Zoning Ordinance. She explained that when the revised Zoning Ordinance was adopted eleven years ago, conditional use for parking lots and garages was inadvertently left out of General Business and Highway Commercial zones.  25 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 MOTION by Commissioner Whitt, seconded by Commissioner Thomas to forward the proposed ordinance changes to the Planning Commission to conduct a public hearing and make recommendation to amend the Zoning Ordinance to add Conditional Use for parking lots and garages to the General Business and Highway Commercial zones. . 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: ________________________ DAWN KELSEY, City Attorney, indicated that the Braxton Park Rezoning information had been previously distributed for review. She requested direction from the Board on how they wished to proceed. All Commissioners were in agreement to move forward with acceptance of the Planning Commission’s recommendation. A resolution indicating such will be prepared for the February 20th called meeting agenda. GREG BILLITER, Braxton Park resident, indicated that there were several residents that wished to speak to this Commission on issues that were presented at the Planning Commission that they consider unfair and misrepresented. MAYOR STATON thanked Mr. Billiter for bringing these issues to the City’s attention and indicated that the Board would determine at the February 20th meeting whether or not to accept the Planning Commission recommendation. COMMISSIONER’S REPORTS: MAYOR STATON reminded the Board that the Inner City Improvement Plan Orientation meeting is scheduled for Thursday, February 15th, 2024 at 4:30 p.m. at the Municipal Service Center on Corporate Court and at 2:00 p.m. that afternoon they are invited to attend a celebration of a 100th birthday. ________________________ 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 discussion that might lead to the appointment of an individual employee, and discussion that might lead to the discipline or dismissal of an individual employee. 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 Whitt, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. 26 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 13, 2024 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. ________________________ MUNICIPAL ORDER NO. 12-24: MUNICIPAL ORDER APPROVING APPOINTMENT BY CITY MANAGER OF DYLAN WARD AS ASSISTANT CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Whitt, seconded by Commissioner Pruitt, to approve the recommendation of City Manager William L. “Buzzy” Newman, Jr. to appoint Dylan Ward as Assistant City Manager and the approval of the Employment Agreement to begin March 4, 2024. DYLAN WARD, Project Manager, introduced his family and expressed appreciation for this opportunity. He indicated that he just celebrated ten years with the City and from the beginning his dream was to serve in an administrative capacity. He reported that the City has a great team, and he looks forward to working with them in this new role. 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: February 13, 2024 Maree Collins, CKMC, City Clerk ________________________ MAYOR STATON and the Board congratulated Dylan indicating that Dylan has served the City well and his experience and leadership skills will serve him well in this new role. 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 4:53 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor March 12, 2024 ______________________ Maree Collins, CKMC City Clerk