Board of Commissioners Meetings

89 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 14, 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 Mrs. Dawn Winn, Assistant Finance Director Mr. Brian Williams, Public Works Director Mr. David Steele, Sanitation Superintendent Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Mark Simmons, Sports Complex Manager Mr. Travis Owens, Assistant IT Director Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Executive Assistant 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 Mr. Billy Bolin, Police Consultant Mr. Aiden Susnjara, Engineering Intern Mr. Victor Carson, IT Network Administrator I Mr. Wesley Gower, IT Programmer Analyst Ms. Alyssa McElvain, LEO Club Mrs. Clay Gilliam, DHP Executive Director Ms. Carrie Gentry, Stop the Overdose Project Mr. Clay Bolin, Henderson Flash Mr. Dwight Williams, Commissioner Candidate Rev. Charles Johnson, Henderson City/County Human Rights Executive Director Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ PRESENTATION: “New Employee Recognition” DYLAN WARD, Assistant City Manager, introduced AIDEN SUSNJARA, Engineering Intern. Aiden just finished his third year at Perdue as Civil Engineer student. He is from Santa Claus, Indiana, and we are hoping to be able to give him a true variety of projects to assist with over the summer. ________________________ 90 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 PRESENTATION: “Henderson Flash” CLAY BOLIN, Henderson Flash Owner, requested consideration of their plan for serving alcohol at their home games/events in order for the facility to become more self-sufficient and self-sustaining. He explained that this would be similar to a beer garden at the downtown festivals. The Plan includes requesting a Special Event with Alcohol Permit from the City for all home games/events during the season; alcohol would be contained to a specific Permitted area under the state statutes and local permitting processes; the planned area is along the right field line near the concessions and restroom, but far enough away to keep the family atmosphere in the stands. MAYOR STATON indicated that there is an item later on the agenda that is in conjunction with this request and asked Mr. Bolin to stay to answer any questions that may arise at that time. ________________________ PRESENTATION: “Recovery Response Club of Henderson and STOP (Stop the Overdose Project)” CARRIE GENTRY, Director of the STOP project as well as Manager of the Recovery Resource Club, reported that the Project has made incredible strides in distributing Narcan, but that doesn’t solve the underlying issue of addiction. They will be focusing more on the education aspect of the Project with four different commercials relating to prevention and education; and developing education processes for high school students to better equip students and parents. Ms. Gentry requested that the City consider additional funding for the STOP project for personnel, materials, and outreach events in a total annual amount of $70,000.00, with WARM absorbing any overages. MAYOR STATON requested the written proposal be submitted to the City Manager for further consideration. ________________________ PRESENTATION: “DHP/Chamber Request for Additional Independence Day Fireworks Funding” CLAY GILLHAM, Henderson Chamber of Commerce President, reported that again this year, sponsorships for the annual Independence Day Celebration fireworks display were lagging behind the cost to produce the event. She reported that without an additional $10,000.00 for fireworks it would not be feasible to conduct the event. DISCUSSION WAS HELD relating to the rising costs of fireworks; decreased sponsorship for the event; whether or not the County had been approached for possible funding; whether or not the City should be sponsoring the full fireworks show; and what fund raising events DHP will be conducting this year. MAYOR STATON indicated that the request would be taken under advisement for further discussion. ________________________ PRESENTATION: “Henderson County High School LEO Club Request” ALYSSA MCELVAIN, Henderson County High School LEO Club member, presented information on the LEO Club and a community service/environmental education project that they would like permission to do on public right-of-way. The project would be to paint an ocean scene around stormwater drains reading “the sea starts here” to remind everyone not to litter.  91 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 The request is for permission to paint in the public right-of-way, have certain streets blocked off for safety during painting sessions, and for guidance on the type of paint best for the project. MAYOR STATON along with the COMMISSIONERS were all in favor of the project. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, offered to get them information on who to contact for the correct type of paint for the project and assured cooperation on street closures. ________________________ PRESENTATION: “Humane Society of Henderson County Animal Control Report” MELINDA WHITLOCK, Humane Society of Henderson Animal Control Henderson Manager, presented the January through March 2024 Quarterly Report with 140 ‘at large’ animals picked up during the period. She reported that the Humane Society has recently applied for a cat spay/neuter grant which would cover approximately ten cats. Ms. Whitlock thanked the Board for their support in funding for a truck for the Animal Control division and requested that trees behind the outdoor kennels be removed and that a load of gravel be brought in for the back grassy area to assist with drainage. MAYOR STATON indicated that the Animal Control division seems to be consistently staffed now and the City seems to be receiving less complaints. He thanked Ms. Whitlock for all her hard work. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: April 23, 2024, Regular Meeting Resolutions and Municipal Orders: Res. 19-24: Resolution Approving Human Resources Report Dated May 14, 2024 Res. 20-24: Resolution Authorizing Acceptance of Grant in the Amount of $101,203.00 from the United States Department of Transportation, Federal Aviation Administration to Henderson City- County Airport for Runway Extension and Road Relocation; And Authorizing the Mayor to Execute All Necessary Documents M.O. 39-24: Municipal Order Approving Agreement for Electrical Inspection Services Between the City of Henderson and Damion Young, DBA D. Y. Inspections, LLC; And Authorizing the Mayor to Execute the Agreement on Behalf of the City M.O. 40-24: Municipal Order Amending Municipal Order 29-24 with a Revised property Lease Between the City of Henderson and Allstate Tower, Inc. for Property Located on Fifth Street; and Authorizing the Mayor to Execute the Lease on Behalf of the 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: 92 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: May 14, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 18-24: SECOND 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 Pruitt, 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: May 14, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 19-24: FIRST READ ORDINANCE AMENDING CHAPTER 17-PARKS AND RECREATION RELATING TO SPECIAL EVENTS WITH ALCOHOL AN ORDINANCE AMENDING CHAPTER 17-PARKS AND RECREATION, ARTICLE I-IN GENERAL, SEC. 17-2-POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON 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 --- Abstain: 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. ________________________  93 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 ORDINANCE NO. 20-24: FIRST READ ORDINANCE AMENDING CHAPTER 22 - TRAFFIC AND MOTOR VEHICLES RELATING TO LIMITED FREE PARKING AN ORDINANCE AMENDING CHAPTER 22 – TRAFFIC AND MOTOR VEHICLES, ARTICLE II – PARKING, STOPPING AND STANDING, DIVISION 2 – PARKING, SEC. 22-62 – LIMITED FREE PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, 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. ________________________ ORDINANCE NO. 21-24: FIRST READ ORDINANCE AMENDING PORTION OF CITY 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. 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. 22-24: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS (POTABLE WATER AND STORMWATER SYSTEM) ON PROPERTY LOCATED ON BARRET BOULEVARD IN 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 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. ________________________ 94 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 MUNICIPAL ORDER NO. 41-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF TWO 2024 OR NEWER 16 X 2 CUTAWAY BUSES IN THE AMOUNT OF $278,552.00 ($139,276.00 PER VEHICLE) AND ONE REAR LOADING 2024 OR NEWER FORD TRANSIT WHEELCHAIR VAN IN THE AMOUNT OF $76,168.00 TO TESCO SALES CORPORATION OF OREGON, OHIO MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve awarding the bid for the purchase of two 16 x 2 Cutaway buses and one Ford Transit Wheelchair van to Tesco Sales Corporation of Oregon, Ohio in the total amount of $354,720.00. 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: May 14, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 42-24: MUNICIPAL ORDER APPROVING CHANGE ORDER PROPOSAL REQUEST P.R. #42 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 $50,461.00 MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve Change Order P. R. #42 to the construction Agreement with ARC Construction Co., Inc. in the amount of $50,461.00 to upgrade one concession stand to a commercial kitchen, not including appliance costs for the Henderson Sports Complex on Airline Road. 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: May 14, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that he had four items with the first being a report on Atkinson Park Pool Employment and Pool Hours. TRACE STEVENS, Parks, Recreation and Cemeteries Director, reported that again this year we are struggling to recruit lifeguards. He reported that even with the changes in the job description and allowing over hire of cashiers to take on some of the lifeguard duties, there will not be enough lifeguards to fully open the pool complex for Memorial Day weekend. We will have enough staff to open the main pool but not the baby pool or the water slide for five days per  95 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 2024 week. We are hoping to be able to recruit enough to fully open a little later in June. Currently the plan is to have the main pool open Saturday, Sunday and Monday for Memorial Day weekend; then close two days, Open Wednesday, Thursday, Friday, and Saturday; close Sundays and Mondays-Open Tuesday through Saturday. DISCUSSION WAS HELD relating to recruitment options and if the City could offer an incentive for those lifeguards that work a certain number of hours through the Summer; and if the pay for lifeguards should be revisited. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported the need for a Corporate Park Committee meeting scheduled for May 28, 2024, just before the regular meeting, for discussion on the Protective Covenants. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the KY 812/Clay Street bridge over the North Fork of Canoe Creek was recently closed by the Kentucky Transportation Cabinet after it failed inspection. KYTC installed the bridge in 1983 and it was scheduled for replacement later this Fall; however, was closed May 6, 2024 due to accelerated deterioration. KYTC has declared this an emergency and it is anticipated that the bid process for replacement will begin in June and take four to six months for replacement. The Pennyrile bridge was scheduled to be replaced this Summer and is now under consideration to be delayed until after the Clay Street bridge replacement has been completed to assist with traffic and detours. ________________________ BRIAN WILLIAMS, Public Works Director, and DAVID STEELE, Sanitation Superintendent, gave an update on the old landfill at Green River Road/Stratman Road. BRIAN WILLIAMS reported that the old landfill opened in the late 1970s and has not been in use since the early 90s. Closure for that portion of the landfill is based upon those regulations in place in the 90s for methane or Land Fill Gas (LFG). About 18 months ago, the State contacted the City to install vents, which the City had already begun the process of installing passive vents or ‘candy cane’ vents. Twelve monitoring locations were installed around the perimeter of the area with daily monitoring readings of all adjacent properties. The Mediation Plan requires more monitoring trench vents which have been installed and are also monitored with a daily reading. All adjoining property owners have been contacted and have installed methane monitors inside the homes. The City is taking a proactive approach to this issue with the help of the State Mediation Plan and our Consultant. MAYOR STATON and the COMMISSIONERS thanked Brian and David for the update and for having such a proactive plan for this issue. ________________________ COMMISSIONER’S REPORT: COMMISSIONER THOMAS reminded everyone that Summerfest is this Saturday. ________________________ EXECUTIVE SESSION: “Business Siting and Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(g) for discussion regarding the potential siting of a business; and pursuant to KRS 61.810(1)(c) for discussion of proposed litigation against the City. The vote was called. 96 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 14, 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 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. ________________________ 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 ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:05 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor May 28, 2024 ______________________ Maree Collins, CKMC City Clerk