Board of Commissioners Meetings

79 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 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 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. Steve Gibson, Street Superintendent Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Mark Simmons, Sports Complex Manager Mr. Travis Owens, Assistant IT Director Mr. Steve Davis, Code Enforcement Administrator Mrs. Connie Galloway, Human Resources Director (Outgoing) Ms. Megan McElfresh, Human Resources Director (Incoming) Ms. Crystal Windhaus, Mass Transit Coordinator Mr. Josh Dixon, Fire Chief Mr. Robert Shoultz, Interim Police Chief Ms. Jordan Webb, Emergency Communications Director Mr. David Wright, IT Network Administrator II Mr. Wesley Gower, IT Programmer Analyst Mr. Bart Boles, Henderson Water Utility General Manager Mr. Benji Marrs, BimGroup Senior Vice President (via Zoom Panelist) Mrs. Abby Dixon, Tourist Commission Executive Director Ms. Ellie Kellen, Tourist Commission Marketing Director Mr. Clay Bolin, Henderson Flash Henderson Tennis Club Members Mr. John Stroud, Tennis Club Mr. Curt Hamilton Mr. Dwight Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PROCLAMATION: “Arbor Day” MAYOR STATON proclaimed Friday, April 26, 2024, as “Arbor Day” in the City of Henderson and urged all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program. This year the program will include the dedication and planting of a Tulip Poplar tree, which is the Kentucky State tree, in Newman Park. 80 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 The City has been awarded its 29th consecutive Tree City USA certification from the State Forestry Department. ________________________ PROCLAMATION: “National Tennis Month” MAYOR STATON proclaimed the Month of May 2024, as “National Tennis Month” in the City of Henderson and urged all citizens to become aware of and support National Tennis Month. Members of the Henderson Tennis Club accepted the proclamation and reported that the Tennis Club has three events planned for May. The first will be ‘Tennis Dads’ on May 18th, next will be for our high school kids. They will participate in an officiated match with line judges and ball persons. The third event is a ‘Hat Tournament,’ where names are drawn from a hat for partners competition. And of course, the annual fund raiser dinner and auction is scheduled for May 10th. We invite everyone to come out to support these events and have fun! ________________________ PRESENTATION: “Henderson Flash” CLAY BOLIN, Henderson Flash Owner, reported that the team is looking forward to a new year at the Park Field facility and presented information on improvements already completed at the complex and capital improvements that the Flash is requesting assistance with for completion. These projects include renovations of the restrooms and additional fencing for safety. Mr. Bolin estimated that the improvements would cost $30,000.00 to complete. The Board of Commissioners unanimously approved up to, but not to exceed, $30,000.00 for the projects on a reimbursement basis. ________________________ PRESENTATION: “Henderson Tourist Commission” ABBY DIXON, Henderson Tourist Commission Executive Director, introduced ELLIE KELLEN, Tourist Commission Marketing Director, indicating that Ellie has done an outstanding job of highlighting all of the wonderful things about our community all over social media and beyond. Ms. Dixon indicated that she would like to compliment Clay and the Flash players for all of their civic work and further indicated that the families and friends of all of those players brings in a lot of tourist dollars. Ms. Dixon reported that she has a short presentation to update the Commission and to introduce a few new projects. As you will recall almost a decade ago now, we went through a community branding project and that brand is so strong and recognizable. This project is not a rebranding by any means, just infusing a few extra colors to freshen things up and make our brand as bright and vibrant as Henderson is a place to visit. These colors also incorporate the color palette of the new Sunset District branding project. The next part of the presentation is the fun part, a commercial campaign that will run after we wrap up promoting our music festivals. This video will run on streaming platforms, YouTube, all digital platforms to really target our audience. The animation was something totally new to us. Ms. Dixon also reported on the economic impact from the eclipse. Not all of the information is available yet; however, hotel occupancy numbers for the Sunday before the eclipse were up by 166% over the previous four Sundays and Monday, eclipse day, occupancy was up 58%. She further reported that Henderson was named number eight on the Top Ten of the Best Small Towns in Kentucky by Southern Living Magazine; Thomason’s Barbeque was named the number two barbeque joint in Kentucky; and that they continue their relationships with social media influencers – because that is a great way to reach our target demographic. Of  81 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 course, they will continue to support and create buzz about the community and the five really unique music festivals that are offered over the summer. They have partnered with 12 tourism partners in Western Kentucky to feature 45 different barbeque restaurants through grant monies available from ARPA grant funds. This will be $165,000.00 campaign through a public relations firm to promote our BBQ restaurants similar to the Brewery Hot Pass campaign. The last part of this presentation is ‘The Great Big Kentucky Adventure.’ This campaign will also be through the tourism partnership in Western Kentucky and developed a 16-bit video game that kids can play either leading up to their trip or maybe in the car on the way to learn all about the interesting places to visit in Western Kentucky. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: April 9, 2024, Regular Meeting Resolutions and Municipal Orders: Res. 17-24: Resolution Approving Human Resources Report Dated April 23, 2024 Res. 18-24: Resolution Approving Funding Agreement with the Humane Society of Henderson County, Inc. for Animal Control Services from April 2024 Through June 2024; and the Mayor is Authorized to Execute Agreement on Behalf of City M.O. 33-24: Municipal Order Authorizing Lease Between the City of Henderson and the Housing Authority of Henderson Kentucky, for the Dixon Hall facility Located at 341 South Adams Street, Henderson, Kentucky; and Authorizing Mayor to Execute Same on Behalf of City 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 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 15-24: SECOND 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 82 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 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 Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. CURT HAMILTON asked why this ordinance has come up at this time and suggested to table this ordinance and seek other options until there is a real problem with this type of business. He suggested a requirement that all short-term rental facilities register with the City and also pass a fine schedule for when/if they are not in compliance. DISCUSSION WAS HELD relating to the need for the ordinance; the restrictions in the ordinance; the conditional use restrictions; alternative ordinances and/or alternative ways to monitor, collect the tourist tax fees, and how best to regulate this type of business. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Nay: Commissioner Whitt ----- Nay: Commissioner Pruitt ------ Nay: Commissioner Vowels --- Nay: Mayor Staton ----- Nay: WHEREUPON, Mayor Staton declared the ordinance DENIED. No further action will be taken on this ordinance; however, it is anticipated that a revised ordinance will be presented at a future meeting. ________________________ ORDINANCE NO. 16-24: SECOND 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 Thomas, seconded by Commissioner Pruitt, 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 23, 2024 Maree Collins, CKMC, City Clerk ________________________  83 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 ORDINANCE NO. 17-24: SECOND 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 Whitt, seconded by Commissioner Vowels, 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 23, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 18-24: FIRST READ ORDINANCE AMENDING CHAPTER 22 – TRAFFIC AND MOTOR VEHICLES AN ORDINANCE AMENDING CHAPTER 22 – TRAFFIC AND MOTOR VEHICLES, ARTICLE II – PARKING, STOPPING AND STANDING, DIVISION 1 – GENERALLY, REPEALING SEC. 22-53 – REMOVAL OF CHALK MARKS USED FOR ENFORCEMENT OF PARKING VIOLATIONS PROHIBITED, AND DIVISION 2 – PARKING REPEALING SEC. 22-63 – EVADING TIME LIMITATIONS PROHIBITED, ADDING A NEW SEC. 23-63 – DISABLED PARKING, REVISING SEC. 22-64 – FINES, REVISING SEC. 22-66 – RESIDENTIAL PARKING PERMIT; ARTICLE III – TRUCKS, REVISING SEC. 22-113 – PARKING GENERALLY; AND CHAPTER 25 – WATERWAYS, ARTICLE II – SECOND STREET BOAT/WATERCRAFT TRAILER PARKING FACILITY, DIVISION 2 – BOAT/WATERCRAFT TRAILER PARKING PERMIT, REVISING SEC. 25-33 – PENALTY; OF THE CODE OF ORDINANCE OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Vowels, 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. 34-24: MUNICIPAL ORDER APPROVING RATIFICATION OF EASEMENT BY THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 6251 KENTUCKY ROUTE 425/HENDERSON BYPASS KNOWN AS PARCEL NO. 46-19.2; AND AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to approve ratification of the Easement located on property at 6251 KY 425 Bypass (PVA #46-19.2) 84 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 between the previous owners, Jeff Francis and Beth P. Francis a/k/a Beth Ann Francis and Henderson County Solar LLC. DAWN KELSEY, City Attorney, reported that the next two items are relating to an easement that was placed upon the property that the City recently purchased on the KY 425 Bypass. The easement is necessary for access to the property that will be used for the Henderson County Solar LLC project. The company has asked for ratification of the easement and an Estoppel Certificate to ensure that the City intends to honor the easement entered into with the previous property owners, Jeff and Beth Francis. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 35-24: MUNICIPAL ORDER APPROVING ESTOPPEL CERTIFICATE BY THE CITY OF HENDERSON RELATING TO AN EASEMENT ON PROPERTY LOCATED AT 6251 KENTUCKY ROUTE 425/HENDERSON BYPASS KNOWN AS PARCEL NO. 46-19.2; AND AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to approve and Estoppel Certificate relating to a Utility and Access Option and Easement Agreement located on property at 6251 KY 425 Bypass (PVA #46-19.2) between the previous owners, Jeffrey A. Francis and Beth P. Francis a/k/a Beth Ann Francis and Henderson County Solar LLC. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 36-24: MUNICIPAL ORDER AWARDING CONTRACT FOR CITY OF HENDERSON’S STOP/LOSS COVERAGE (REINSURANCE) MOTION by Commissioner Whitt, seconded by Commissioner Vowels, to award a contract with Sun Life Financial for stop/loss coverage (reinsurance) for the City of Henderson Employee Benefits program. The vote was called.  85 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 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 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 37-24: MUNICIPAL ORDER AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S ORGAN TRANSPLANT POLICY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award a renewal contract with OPTUM for the organ transplant policy for the City of Henderson Employee Benefits program. 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that he had three items with the first being a presentation from Public Works on the alleyway improvement project. BRIAN WILLIAMS, Public Works Director, introduced STEVE GIBSON, Street Superintendent, explaining that Steve had been in charge of the Alleyway Improvement Project that came from the 2023 Inner City Improvement Plan Infrastructure Committee. Mr. Gibson reported that City employees began the project by trimming vegetation that they could reach from the ground and then a contractor came in with equipment to trim higher up. This opened up the area increasing light into the alleyways. The tree trimming portion of the project is approximately 85% complete and we are just shy of spending all of the $30,000.00 allotted for the project. The grading and patching portion of the project is approximately 60% complete and is being done utilizing City personnel and equipment. It is estimated that it will take approximately $12,000.00 to $15,000.00 to complete both phases of the project. This will be an ever evolving project to maintain, however it is recommended to plan to do the trimming portion again in about three years to see if enough was cut back and how to proceed with future maintenance. It is anticipated that alleyway trimming with City personnel and equipment will be expanded into other areas of the City that are in need as time allows in late summer, early fall. Mr. Gibson also reported that David Steele had created an App to assist with reporting pot holes and overgrown vegetation along City streets and alleyways. 86 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 DAVID STEELE, Sanitation Superintendent, reported that he had ordered trash cans for the Inner City to further assist with keeping alleyways and streets cleaner. BRIAN WILLIAMS reminded everyone that concrete work continues on Mill Street sidewalks and on Barret Boulevard. Other concrete projects around town should be completed by mid-to-late June. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, thanked the Public Works crews for pushing through on these Inner City projects to get them well underway before other projects took over timewise. ________________________ MAYOR STATON reported that the City had been chosen as one of 20 finalists to compete for the National Civic League All-American Cities Award. The presentation part of the award process is much more than presenting a PowerPoint, this requires that around 18 to 20 people will present a presentation skit to detail why their community deserves to be named an All-American City. The presentation will be in Denver, so there will be an expense associated with this for flights, hotel rooms, food, and props that was not budgeted. The estimate is approximately $40,000.00 for travel expenses. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas to authorize the City Manager to add $40,000.00 to the Mayor and Commissioners travel budget at the end of year budget ordinance amendment for travel expenses associated with the National Civic League All-American Cities Award competition. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: ________________________ DYLAN WARD, Assistant City Manager, gave a brief overview of the progress at the sports complex and presented an aerial video taken by David Steele and Mark Simmons. The presentation details installation of the turf fields as well as the parking lot, parking lot lighting, prep work on the two bottom fields, and the concession stand. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the budget work session is scheduled for the third Tuesday of May and is likely to be a four hour meeting. He asked if the Commissioners would prefer to plan to meet from 2:00 p.m. to 6:00 p.m. or begin earlier at 1:00 p.m. to finish up by 5:00 p.m. Consensus was to begin the Tuesday, May 21st budget work session at 1:00 p.m. ________________________ CITY ATTORNEY’S REPORT: “Medical Cannabis Discussion” DAWN KELSEY, City Attorney, presented information on the new Medical Cannabis Bill that was signed by the Governor last week. This moves the timeline up for communities to determine whether or not to allow medical cannabis and if so, to make determinations on zoning regulations to have in place before July 1, 2024. Medical cards will begin on January 1, 2025; however, the statute requires that all medical cannabis distributed in Kentucky be grown in Kentucky. This requires that Cultivator, Producer, Processor, Safety Compliance and Dispensary licenses must be processed earlier in order to have product for distribution on January 1, 2025. The law is very focused on letting local governments decide how they want to handle medical cannabis. Local law cannot prohibit the use of medical cannabis. However, it can prohibit the sale or the licensing of the businesses that are in their territory. After detailing the law and use of medical cannabis, Mrs. Kelsey requested an indication of interest on which  87 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 option the Board would like to proceed with: 1) Prohibition and then residents could then request a referendum vote; 2) a referendum vote; or 3) allow medical cannabis dispensaries in Henderson. Under the statute’s regulations and the locations of schools, day cares, and other restricted facilities in Henderson, the recommended location for dispensaries would be in the Highway Commercial zone, and Light Industrial zone for processors and cultivators. Further the new legislation has set that the state will consist of eleven regions with only four licenses issued for dispensaries within each region for the initial licensing round. Our region consists of eight counties. There will be a lottery to award the four dispensary licenses with no more than one license issued per county within each region. MOTION by Commissioner Thomas, seconded by Commissioner Whitt to forward the proposed ordinance amendment to the Planning Commission after removing the permitted uses portion of the proposed ordinance. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Absent: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(c) for discussion of proposed litigation against the City of Henderson. The vote was called. On roll call, the vote stood. Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Absent: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, 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 ------ Absent: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ 88 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 23, 2024 MUNICIPAL ORDER NO. 38-24: MUNICIPAL ORDER APPROVING DEED BETWEEN THOMAS BURTON AND THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 8221 GREEN RIVER ROAD (PAV NO. 64-12) IN THE AMOUNT OF $180,000.00; AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the purchase and Deed between the City and Thomas Burton in the amount of $180,000.00 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 ------ Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Absent: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:55 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor May 14, 2024 ______________________ Maree Collins, CKMC City Clerk