Board of Commissioners Meetings

60 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 26, 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. (via Zoom Panelist at approx. 3:22 p.m.) Commissioner Nicholas E. Whitt ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Mrs. Dawn Winn, Assistant Finance Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Steve Davis, Code Enforcement Administrator Mrs. Connie Galloway, Human Resources Director (Outgoing) Ms. Megan McElfresh, Human Resources Director (Incoming) Ms. Tammy Willett, Community Development Specialist Mr. Josh Dixon, Fire Chief Mr. Matt Anderson, Fire Division Chief Mr. Robert Shoultz, Deputy Police Chief Mr. Billy Bolin, Police Consultant Ms. Jordan Webb, Emergency Communications Director Mr. Greg Nunn, Information Technology Director Ms. Crystal Windhaus, Mass Transit Coordinator Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant Mr. Victor Carson, IT Network Administrator I Mr. Wesley Gower, IT Programmer Analyst Mr. Brad Schneider, Henderson County Judge Executive Mr. Bart Boles, Henderson Water Utility General Manager Rev. Charles Johnson, Human Rights Commission Executive Director Ms. Darlene Marshall-Ware, Human Rights Commission Member Ms. Kendra Marsh, St. Anthony’s Hospice Executive Director Mr. Jack Hogan, St. Anthony’s Hospice Board Chair Mr. Greg Gibson, St. Anthony’s Hospice Board Member Mr. Travis Girten, St. Anthony’s Hospice Board Member Ms. Kellie Holloran, St. Anthony’s Hospice Business Development Coordinator Ms. Carrie Gentry, Stop the Overdose Project Mr. Dwight Williams, Commissioner Candidate Mr. William Johnson Mr John Southard Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________  61 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 PROCLAMATION: “Fair Housing Month” MAYOR STATON proclaimed the month of April 2024 as “Fair Housing Month” in Henderson, Kentucky, and urged all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. REVEREND CHARLES JOHNSON, Human Rights Executive Director, DARLENE MARSHALL-WARE, Human Rights Commission Member, and Ms. TAMMY WILLETT, Community Development Specialist, were present to accept the proclamation. ________________________ PROCLAMATION: “St. Anthony’s Hospice” MAYOR STATON and JUDGE EXECUTIVE SCHNEIDER presented ST. ANTHONY’S PALLIATIVE, HOSPICE AND BEREAVEMENT CARE with a joint proclamation recognizing, honoring, and congratulating their accomplishment of receiving Hospice Honors Elite status for the third year in a row. JUDGE EXECUTIVE BRAD SCHNEIDER indicated that there is probably not a person in this room or very few people in the community that have not been touched by hospice in some way. He reported that a little over a year and half ago his mother died from leukemia and the last month of her life was spent with a terrific hospice crew in Orange County California. He is quite proud and thankful that our community has one of the very best in the nation. KENDRA MARSH, St. Anthony’s Hospice Executive Director, GREG GIBSON, Board Member, and staff members were present to accept the proclamation. Ms. Marsh thanked the County and the City on behalf of all staff and volunteers at St. Anthony’s. She indicated that it takes the entire team of 80 plus clinicians and caregivers that provide care to Henderson County and they are really grateful to the Henderson community for the support they receive. ________________________ PRESENTATION: “New Employee Recognition” The following newly hired employees were introduced: BILLY BOLIN, Police Consultant, was recognized and welcomed. ________________________ PRESENTATION: “Stop (Stop the Overdose Project” CARRIE GENTRY, Director of the STOP project as well as Manager of the Recovery Resource Club, introduced herself and reported that this is her eighth week in the position. She reported 60 overdoses were reported to the Henderson Police department in 2023; there were 14 fatalities and 55 doses of Narcan administered. She indicated that her biggest missions are education to avoid the path of addiction but also what to do and what resources are available. There is a parent education night with a resource fair scheduled for Wednesday, March 27th at 5:30 p.m. at the Resource Club, 427 First Street. COMMISSIONER VOWELS indicated appreciation for all of the presentations she has conducted and her dedication to educating our community. MAYOR STATON indicated that he appreciates having someone like her in the community to focus attention on education and the resources available. ________________________ 62 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 APPEARANCE OF CITIZEN: WILLIAM JOHNSON, SBBI Enterprises, Inc., reported that he will be participating in the Tri-Fest as a fundraiser for his church and to support his plans for a convention center in the downtown area, and a charitable restaurant. He further reported that he is expecting a large influx of people that may cause more than normal traffic congestion for the annual event. ________________________ PUBLIC HEARING: “HART 2024 FTA Grant Application” MAYOR AUSTIN declared the Public Hearing to solicit public comments on the potential use of the 2024 Federal Transit Administration Grant Application to order at approximately 3:18 p.m. and asked if any member of the public would like to comment on the funding application for assistance in the fixed route and demand response services, capital projects, and planning assistance activities for the Henderson Area Rapid Transit system. Hearing none, he declared the public hearing closed at approximately 3:19 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: March 12, 2024, Regular Meeting March 19, 2024, Called Meeting Resolutions and Municipal Orders: Res. 11-24: Resolution Approving Human Resources Report Dated March 26, 2024 Res. 12-24: Resolution Authorizing The Submittal Of A Grant Application For Public Transit Assistance; Acceptance Of Grant Funds If Awarded; And Authorizing Mayor To Execute And File Any Other Documents Required In Conjunction With This Grant Application Res. 13-24: Resolution Authorizing Submittal Of Grant Application To The Kentucky 911 Services Board For Funds In The Amount Of $182,000.00, With A Thirty Percent (30%) Required Match To Be Divided Between The City And County (75/25), To Be Used For The Purchase Of The 10-8 Systems Through Insight To Replace The Current Computer Aided Dispatch System (CAD) Provider, Accepting Grant If Awarded; And Authorizing Mayor To Execute All Necessary Documents M.O. 20-24: Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between Lighthouse Storage of Henderson, the Henderson Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City of Henderson; And Authorizing Mayor to Execute the Agreement M.O. 21-24: Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between Ken Butler, the Henderson Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City of Henderson; And Authorizing Mayor to Execute the Agreement M.O. 22-24: Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between JP & MC LLC, the Henderson  63 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City Of Henderson; And Authorizing Mayor to Execute the Agreement M.O. 23-24: Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between Walter Gary & Brenda Kay Crawford of Henderson, the Henderson Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City of Henderson; And Authorizing Mayor to Execute the Agreement MOTION by Commissioner Whitt, seconded by Commissioner Thomas, 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 Absent: 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 14-24: RESOLUTION ADOPTING FINDINGS OF FACTS AND CONCLUSIONS OF LAW SUPPORTING THE REZONE APPLICATION FOR REZONING #1155 WITH A REVISED MASTER PLAN/DEVELOPMENT PLAN FROM RESIDENTIAL R-2 MEDIUM DENSITY TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT WITH AN AMENDED MASTER PLAN/GRAPHIC DEVELOPMENT PLAN AND NARRATIVE DEVELOPMENT PLAN MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to approve the Findings of Fact and Conclusions of Law supporting Rezoning #1155 with a revised Master Plan/Graphic Development Plan and Narrative Development Plan for Harpeth Glen Trace and Sand Castle Drive. The vote was called. On roll call, the vote stood: Commissioner Vowels Aye: Commissioner Pruitt Aye: Commissioner Thomas Aye: Commissioner Whitt Abstain: Mayor Staton -------------- Aye: 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ 64 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 ORDINANCE NO. 13-24: 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 HARPETH GLEN TRACE AND SAND CASTLE DRIVE (PID #74-83), CONTAINING APPROXIMATELY 12.218 ACRES, FROM R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT WITH APPROVED 2003 MASTER PLAN/DEVELOPMENT PLAN TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT WITH AN AMENDED MASTER PLAN/GRAPHIC DEVELOPMENT PLAN AND NARRATIVE DEVELOPMENT PLAN MOTION by Commissioner Vowels, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 14-24: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2023-2024 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE PARKS AND RECREATION DEPARTMENT MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. TRACE STEVENS, Parks, Recreation and Cemetery Director, reported that everyone is well aware that there have been issues with recruiting lifeguards for a number of years. Staff is proposing that the pay rate of all current Atkinson Pool positions be increased by $1.00 per hour; that one head lifeguard position be reclassified as an Aquatics Supervisor; the addition of one Senior Lifeguard position; removing two Concession Worker positions; and adding two Cashier positions. 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. 24-24: MUNICIPAL ORDER APPROVING HOURLY PAY RATE INCREASE FOR ALL ATKINSON POOL POSITIONS EFFECTIVE AT THE BEGINNING OF THE 2024 AQUATIC SEASON MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the hourly pay rate increase for all Atkinson Pool positions effective at the beginning of the 2024 Aquatic Season.  65 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 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 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 25-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE NATURAL GAS PIPING INSTALLATION IN BENTLEY POINT PHASE I FOR HENDERSON MUNICIPAL GAS TO MILLER PIPELINE, LLC OF INDIANAPOLIS, INDIANA, IN THE AMOUNT OF $94,500.00 MOTION by Commissioner Whitt, seconded by Commissioner Vowels, to approve the award of the bid for the purchase of natural gas pipeline installation in Bentley Point Phase I in strict compliance with their bid as submitted pursuant to Bid Reference No. 24-05. 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 26-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF LIMESTONE ROCK, SAND, AND RECYCLED CONCRETE FOR GROUP A TO MULZER CRUSHED STONE, INC. OF TELL CITY, INDIANA, HAZEX CONSTRUCTION COMPANY, INC. OF HENDERSON, KENTUCKY, AND PINE BLUFF MATERIALS COMPANY, LLC OF NASHVILLE, TENNESSEE; AND AWARDING BID FOR RECYCLED CONCRETE FOR GROUP B TO HAZEX CONSTRUCTION COMPANY MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the award of the bid for the purchase of limestone rock, sand, and recycled concrete for Group A to Mulzer Crushed Stone, Inc., Hazex Construction Company, Inc., and Pine Bluff Materials Company LLC; and awarding bid for recycled concrete for Group B to Hazex Construction Company in strict compliance with their bid as submitted pursuant to Bid Reference No. 24-06. 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 66 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 Bradley S. Staton, Mayor ATTEST: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 27-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE CEMENT CONCRETE FOR CITY PROJECTS TO MEUTH CONSTRUCTION SUPPLY INC. OF HENDERSON, KENTUCKY, IN THE TOTAL BID AMOUNT OF $281,905.00 AS THE PRIMARY SUPPLIER, AND IRVING MATERIALS INC., OF EVANSVILLE, INDIANA, AS AN ALTERNATE SUPPLIER IN THE TOTAL BID AMOUNT OF $304,180.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the award of the bid for the purchase of cement concrete for City projects to Meuth Construction Supply Inc. in strict compliance with their bid as submitted pursuant to Bid Reference No. 24-07. 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 28-24: MUNICIPAL ORDER APPROVING CHANGE ORDER PROPOSAL REQUESTS P.R. #18, P.R. #21, P.R. #24, P.R. #25, P.R. #28, P.R. #33, P.R. #35, P.R. #36, P.R. #37, P.R. #38, P.R. #39, AND P.R. #40 TO THE CONSTRUCTION AGREEMENT WITH ARC CONSTRUCTION CO., INC. OF EVANSVILLE, INDIANA, FOR CONSTRUCTION OF THE HENDERSON SPORTS COMPLEX ON AIRLINE ROAD IN AN AMOUNT OF $118,377.66 MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to approve change order proposal requests to the construction Agreement with Arc Construction Co., Inc. for the Henderson Sports Complex in the amount of $118,377.66. DYLAN WARD, Assistant City Manager, explained that there were several changes as discussed at the work session for this project. Mr. Ward explained that this Change Order No. 5 includes four credits. While the bottom line expense has increased slightly, it is still within the bonded budgeted amount. 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: March 26, 2024 Maree Collins, CKMC, City Clerk ________________________  67 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 CITY MANAGER’S REPORT: JOSH DIXON, Fire Chief reported on several issues that have arisen this calendar year including two major incidents. Chief Dixon reported that the Fire Department has responded to 903 runs with 623 of those being medical runs and the remaining are hazardous conditions of vehicle fires, extrications, structure fires, etc. He further reported that generally the first quarter of the year averages six to nine structure fires. This year has already seen 18, with five of those within a 48-hour period. This has put a real strain on our already short-handed department. He expressed how proud he was of the department’s dedication, passion, and training in order to be able to successfully execute those types of runs and he wanted to also credit our dispatch personnel and our County Fire Departments that have covered and assisted during structure fires. They are ready and willing to assist in whatever way they can to keep our community safe. Also, we couldn’t do our job as effectively without Public Works, Henderson Police Department, and the Sheriff’s Department. He stated that it “truly is a joint effort.” Two rescue incidents have occurred this month. The first was a water rescue that involved five employees that had been working on a barge and their boat capsized. Our departments worked with the company and the barge employees to successfully pull all five people out of the river. The second was a grain bin rescue. This was a first in my career. Statistically speaking grain bin rescues have a less than 50% survivability rate, so it is a real honor to introduce John Southard, the man that was successfully rescued. This too was a joint effort as we were called to assist County departments. Everyone of our agencies worked together to find a solution and release the pressure on this man. Chief Dixon invited everyone to attend a ceremony on April 25th at 3:00 p.m. at Fire Station #1 to honor the seven individuals that performed the rescue. JOHN SOUTHARD indicated that he is just happy to be here today. He reported that all of the departments worked so well together along with his family and neighbors to get the job done. MAYOR STATON indicated that it is an honor to have Mr. Southard with us this afternoon. Mayor Staton continued that the shear number of major incidents that have occurred already this year is unheard of. He expressed pride in our fire personnel and their work ethic to always be ready. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that there would be a short called meeting scheduled for 2:00 p.m., Thursday, March 28, 2024. The meeting will include a Zoom link for those Commissioners that would prefer to attend that way. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER VOWELS reported that the City/County Cooperative Study Team met earlier this afternoon for review and discussion of annual funding requests for those agencies jointly funded by the City and County. Another meeting will be scheduled to finalize their recommendations. ________________________ MAYOR STATON invited everyone to attend the Inner City Improvement Plan Mental Wellness Committee’s Open Listening Session this evening to begin at 6:00 p.m. at South Heights Elementary School. ________________________ 68 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 26, 2024 EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(b) for discussion that may lead to future sale of real property in the vicinity of U.S. Highway 60 West and Borax Drive; discussion that may lead to a future sale of real property in the vicinity of Old Corydon Road and Highway 425; and for discussion that may lead to a future sale of real property in the vicinity of Old Corydon Road, Old Madisonville Road, and US Hwy 425. 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. 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 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 4:20 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor April 9, 2024 ______________________ Maree Collins, CKMC City Clerk