Board of Commissioners Meetings

71 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 9, 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 Mr. Dylan Ward, Assistant City Manager Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Mr. Brian Williams, Public Works Director Mr. David Steele, Sanitation Superintendent 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) Mrs. Karla Beckgerd, Human Resources Specialist Mr. Josh Dixon, Fire Chief Mr. Robert Shoultz, Interim Police Chief Mr. Billy Bolin, Police Consultant Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant Mr. Treigon Settle, Grounds Maintenance Worker Mr. David Gilbert, HWU Maintenance Technician II Mr. Kameron Powell, HWU Water Treatment Operator I Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Bart Boles, Henderson Water Utility General Manager Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Randall Redding, Utility Commission Attorney Ms. Whitney Risley, Henderson Economic Development Mrs. Abby Dixon, Tourist Commission Executive Director Mr. Colie Smith, GRADD Regional Resiliency Coord./Economic Dev. Specialist Mr. Chris Park, National Air Guard Captain Mr. Dwight Williams, Commissioner Candidate Mr. Tom Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ 72 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 RECOGNITION OF VISITORS: COLIE Smith, Green River Area Development District Regional Resiliency Coordinator/Economic Development Specialist, introduced Captain Chris Park and the Innovative Readiness Training program. CAPTAIN CHRIS PARK, Air National Guard Deputy Program Manager, explained that the Innovative Readiness Training (IRT) program provides no cost services to the community. The IRT program allows military professionals training in their specific medical fields while residents of a community receive free healthcare. The City and Green River Area Development District worked together to write a grant application submitted to the Delta Regional Authority to bring the Program to Henderson. City staff has been working with IRT officials since last December to prepare for the logistics of the clinic that will potentially bring 175 military staff to Henderson for two weeks in June with the clinic scheduled from June 15-25, 2024, at South Middle School. The City is responsible for providing food and housing for the military and health care professionals that will work the clinic. The clinic is open to the public, the more people the better. City staff plan to also reach out to neighboring counties so that their residents can also attend the clinic. ________________________ PRESENTATION: “New Employee Recognition” The following newly hired employees were introduced: TREIGON SETTLE, Grounds Maintenance Workers; DAVID GILBERT, HWU Maintenance Technician II; and KAMERON POWELL, HWU Water Treatment Operator I. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: March 20, 2024, Called Meeting March 26, 2024, Regular Meeting March 28, 2024, Called Meeting Resolutions and Municipal Orders: Res. 15-24: Resolution Approving Human Resources Report Dated April 9, 2024 Res. 16-24: Resolution Authorizing Submittal of a FY24 State Homeland Security Grant Program Application and, Upon Approval, Authorize the Mayor to Enter Into an Agreement with the Kentucky Office of Homeland Security (KOHS), to Execute any Documents Which are Deemed Necessary by KOHS to Facilitate and Administer the Project; and Establishing a Procurement Policy for any KOHS Approved project for the FY24 Application Cycle M.O. 29-24: Municipal Order Approving Property Lease Between the City of Henderson and Allstate Tower, Inc. for Property Located on Fifth Street; and Authorizing Mayor to Execute the Lease on Behalf of the City MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to approve the items on the Consent Agenda as presented.  73 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- Aye: Mayor Staton ---- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 09, 2024 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 15-24: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING RELATING TO SHORT-TERM RENTAL PROPERTY ORDINANCE AMENDING ARTICLE II-DEFINITIONS, SEC. 2.01-DEFINITIONS; ADDING SEC. 4.40 – SHORT-TERM RENTAL PROPERTY TO ARTICLE IV-GENERAL PROVISIONS; AND AMENDING ARTICLE XI-R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT, SEC. 11.03-CONDITIONAL USES; ARTICLE XVI-R-MH, MANUFACTURED HOME DISTRICT, SEC. 16.03-CONDITIONAL USES; ARTICLE XVII—R-O, RESIDENTIAL OFFICE DISTRICT, SEC. 17.03-CONDITIONAL USES; ARTICLE XVIII-NB, NEIGHBORHOOD BUSINESS DISTRICT, SEC. 18.02-PERMITTED USES; ARTICLE XXII-R- 5, URBAN SINGLE-FAMILY RESIDENTIAL DISTRICT, SEC. 22.03-CONDITIONAL USES; ARTICLE XXX-RIVERFRONT ZONES, SEC. 30.03 (A)-PERMITTED USES; SEC. 30.05 (C)- CONDITIONAL USES; ARTICLE XXXI-AUDUBON RESIDENTIAL DISTRICT, SEC. 31.03- PERMITTED USES, PARAGRAPH (2.)-CONDITIONAL USES; ARTICLE XXXII-AUDUBON COMMERCIAL DISTRICT, SEC. 32.03-PERMITTED USES, PARAGRAPH (2.)- CONDITIONAL USES; ARTICLE XXXIII-GATEWAY ZONE DISTRICT, SEC. 33.06- PERMITTED USES, PARAGRAPH (3.)-CONDITIONAL USES; ARTICLE XXXIV- HENDERSON INNOVATIVE PLANNING DISTRICT, SEC. 34.02-PERMITTED USES, PARAGRAPH (2.)-CONDITIONAL USES; AND ARTICLE XXXV-R-SMH, RESIDENTIAL SUBDIVIDED MANUFACTURED HOME DISTRICT, SEC. 35.03-CONDITIONAL USES; OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON RELATING TO SHORT- TERM RENTAL PROPERTY MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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. 16-24: FIRST READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Whitt, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. 74 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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. 17-24: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, LOCATED IN HENDERSON COUNTY NEAR THE INTERSECTION OF OLD CORYDON ROAD AND KY HWY 425 BY-PASS, CONTAINING PARCEL ID #46-10 ( 2340 OLD CORYDON ROAD), AND CONSISTING OF APPROXIMATELY 56.250 ACRES MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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. 30-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE ASPHALT PAVING AND RELATED STREET MAINTENANCE SERVICES TO E & B PAVING, LLC OF CHANDLER, INDIANA, IN THE AMOUNT OF $1,516,390.00 MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to approve the purchase of asphalt paving and related street maintenance services and asphalt paving at the sports complex with an approximate cost of $750,000.00 to complete the base and surface paving, in the amount of $1,516,390.00. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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: April 09, 2024 Maree Collins, CKMC, City Clerk________________________  75 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 MUNICIPAL ORDER NO. 31-24: MUNICIPAL ORDER APPROVING CHANGE ORDER #1 TO THE AWARD OF BID REFERENCE 24-02 FOR THE PURCHASE AND INSTALLATION OF TREES FOR THE CITY’S SPORTS COMPLEX TO STOCKERS LANDSCAPING, LLC MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve Change Order #1 to the Stockers Landscaping, LLC Bid Reference 24-02 for the purchase and installation of 200 additional trees in the amount of $14,917.50; for labor to mulch original 400 trees in the amount of $1,480.00 and labor to mulch additional 200 trees in the amount of $1,170.00; for the labor to stake original 400 trees in the amount of $2,240.00 and labor to stake additional 200 trees in the amount of $1,680.00; total change order cost in the amount of $21,487.50. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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: April 09, 2024 Maree Collins, CKMC, City Clerk________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, explained that the Planning Commission conducted a public hearing and made recommendation for a zoning classification that was included in the annexation ordinance earlier on the agenda. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that a citizen had requested determination of a certain parcel adjacent to his property as to whether or not it could be disposed of by the City. The parcel on West Main Street is one of several that was purchased a very long time ago, some before Henderson Municipal Power & Light became an official entity, for the purpose and use of the City’s power/electric company. Staff has been working closely with HMPL to determine which, if any, of these identified parcels can be declared surplus and put up for public bid. The following is the list of identified properties and recommendations for possible disposal approaches: a. Corner of Bailey & Shelby Streets – Sealed bids or auction. b. O’Byrne Street (end at RR tracks-within CSX right-of-way) – No action required. c. West Main street (alley) – Sealed bids or auction. d. 5th Street (in curve near CPS & RR tracks – located within street right-of-way) – No action required. e. 812 Marywood Drive (within private property) – Close right-of-way and provide title to sole property owner due to the area totally contained within the homeowner’s parcel. f. Old Hospital – Location is located within Deaconess Hospital’s parcel – Provide title to Hospital. g. Green River Road (near The Home Place) – Within City right-of-way – No action required. 76 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 Without objection staff will move forward to begin the disposal of these surplus properties by sealed bid or as recommended by the City Manager. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that there will not be an April work session next week and that the Budget Work Session will be May 21st. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the IRT program discussed earlier this afternoon will have an unknown expense to the City for housing, food and other expenses for the military and healthcare providers during their stay here in Henderson. It is anticipated that costs will be approximately $20,000.00 and will be included in the final budget amendment. Without object the Board was in support of the City expending funds to bring the Program to Henderson.. ________________________ CITY ATTORNEY’S REPORT: “Proposed Parking Ordinance” DAWN KELSEY, City Attorney, presented the proposed Parking Ordinance amendments as previously discussed with the proposed recommended changes. The amendments include the repeal of Sec. 22-53 Removal of chalk marks and Sec. 22-63 Evading time limitations (i.e. Scatter Tickets); added a section on disabled parking with a specific fine instead of defaulting to state law; changed to payment time from 5 days to 10 days, as requested; added a user friendly chart to Sec. 22-64 for fines instead of them being listed in each section; added in the policy on Second Street Boat/Watercraft Trailer fines that the fine will be waived if the violator obtains a Permit within 10 days of receiving the violation – this memorializes and formalizes the policy that has been in place for a number of years; updated Sec. 22-113 for current procedure for parking one-ton capacity trucks in center of street in the CBD and updated the fine from $3.00 for exceeding 30 minutes to same as loading zone violations; and added oversize truck parking violation to the Fine Schedule and removed the fine from that section. Without objection the ordinance will be finalized for presentation at a future meeting. Staff will push out information on when enforcement will begin so that businesses and residents will have warning before this goes into effect. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT announced that he was proud to have the Henderson Riverfront signage posted on social media during Eclipse Day. The downtown riverfront was full of people enjoying the day. ________________________ COMMISSIONER VOWELS indicated that everyone did a great job on eclipse day, it was great for our Tourist office. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that our 9-1-1, Henderson Police department, Henderson County Sheriff, Indiana State Police and Vanderburgh County Sheriff’s did a great job of moving traffic out after the eclipse. ________________________ MAYOR STATON reported that the Governor was at Audubon State Park to enjoy the eclipse and that there were visitors at the Park from Belgium that were unaware of the eclipse until yesterday. Everyone seemed to enjoy the day. ________________________ EXECUTIVE SESSION: “Real Property”  77 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, 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 Water Street and North Elm Street and Sixth Street to Second Street; discussion that may lead to a future purchase of real property located in the vicinity of Water Street and North Elm Street and Sixth Street to Second Street; discussion that may lead to a future sale of real property in the vicinity of Old Corydon Road and US Hwy 425; and pursuant to KRS 61.810(1)(c) for discussion of proposed litigation against the City, and proposed litigation on behalf of the City. The vote was called. On roll call, the vote stood. Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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 Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- Aye: Mayor Staton ---- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MUNICIPAL ORDER NO. 32-24: MUNICIPAL ORDER APPROVING RENTAL CONTRACT BETWEEN THOMAS AND DOLLY BURTON AND THE CITY OF HENDERSON, KENTUCKY; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the Rental Contract between the City and Thomas and Dolly Burton for property containing a 1998 double wide manufactured home on 1.14 acres of ground, being Parcel ID #64-12, 8221 Green River Road for the purpose of ongoing work being done at the City Landfill on adjacent property owned by the City. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- 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: April 9, 2024 Maree Collins, CKMC, City Clerk________________________ 78 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 9, 2024 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 Thomas -- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ----- Aye: Commissioner Vowels --- Aye: Mayor Staton ---- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:06 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor April 23, 2024 ______________________ Maree Collins, CKMC City Clerk