Board of Commissioners Meetings

109 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 28, 2024, at 1:00 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 Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt (via Zoom Panelist) Commissioner Austin P. Vowels 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 Ms. Chelsea Mills, Finance Director Mrs. Dawn Winn, Assistant Finance Director 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. Nick Mangarella, Assistant Fire Chief Mr. Robert “Bob” Shoultz, Interim Police Chief Mr. Billy Bolin, Police Consultant Ms. Jordan Webb, Emergency Communications Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Greg Nunn, Information Technology Director Mr. Travis Owens, Assistant IT Director Mr. Steve Davis, Code Enforcement Administrator Ms. Martina Aldridge, Occupational Tax Administrator Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Ty Boggess, Safety Intern Mr. William Cothran, Firefighter Mr. Dalton Hinkle, Firefighter Mr. William Martin, Firefighter Mr. Teagan miller, Firefighter Mr. Austin Yeckering, Firefighter Mr. James Gordon, Recreation Program Manager Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Bart Boles, Henderson Water Utility General Manager Ms. Brittney Smith, Henderson Homeless Coalition Ms. Melissa Clements, United Way of Henderson County Executive Director Mr. Jack Brewer, United Way Allocations Review Team Chair Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. Dwight Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ 110 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 PRESENTATION: “New Employee Recognition” The following newly hired employees were introduced: Mr. William Cothran, Firefighter; Mr. Dalton Hinkle, Firefighter; Mr. William Martin, Firefighter; Mr. Teagan Miller, Firefighter; Mr. Austin Yeckering, Firefighter; Mr. James Gordon, Recreation Program Manager; and Ty Boggess, Safety Intern. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PUBLIC HEARING: “Municipal Road Aid Funds and Local Government Economic Assistance (LGEA) Funds for Fiscal Year Commencing July 1, 2024” MAYOR STATON declared the Public Hearing on Municipal Road Aid funding and Local Government Economic Assistance funding opened and explained that the purpose of the public hearing was to determine the expenditure of Municipal Road Aid and Local Government Economic Assistance funds anticipated to be in the amounts of $610,906.00 and $15,000.00 for use for street and road improvements. Included in the budget is a list of the proposed streets and roads to be paved utilizing these funds. CITY OF HENDERSON, KY PAVING OF STREETS AND ROADS FISCAL 2025 Branch Name From To Budget 6TH STREET NORTH ADAMS STREET LAMBERT STREET $ 26,600 14TH STREET NORTH ELM STREET NORTH GREEN STREET 20,900 FAGAN STREET CLAY STREET VINE STREET 43,300 FAGAN STREET VINE STREET MADISON STREET 21,800 FRONTIER DRIVE US HWY 60 EAST TIPPECONOE TRAIL 73,000 GARDEN MILE ROAD AIRLINE ROAD FULCHER GRAVEL LOT 35,500 GREGORY DRIVE OLD MADISONVILLE ROAD OLD MADISONVILLE 49,400 ROAD HARDING AVE NORTH GREEN STREET NORTH ADAMS STREET 25,600 NORTH DOWNEY DRIVE TURNAGAIN DRIVE END OF PAVEMENT 9,600 NORTH JULIA STREET 1ST STREET CENTER STREET 25,200 O’BYRNE STREET MEADOW STREET MILL STREET 33,200 RUSSELL DRIVE OLD MADISONVILLE ROAD COUNTRY DRIVE 12,900 SAND LANE SOUTH MAIN STREET SOUTH GREEN STREET 36,700 SOUTH DOWNEY DRIVE TURNAGAIN DRIVE END OF PAVEMENT 64,500 SPRING GARDEN ROAD 2ND STREET HEATHER LANE 30,100 STADIUM DRIVE GARDEN MILE ROAD GARDEN GATE DRIVE 47,400 TURNAGAIN DRIVE OLD MADISONVILLE ROAD 1755 TURNAGAIN DRIVE 30,000 WASHINGTON STREET MCKINLEY AVE NORTH LINCOLN AVE 40,000 CRACK SEAL REPAIRS N/A N/A PARKS & CEMETERIES N/A N/A $ 660,000 Mayor Staton asked if any member of the public or the Board had questions or would like to speak on the proposed use of these funds. There being no further discussion Mayor Staton declared the Public Hearing closed at approximately 1:19 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: May 14, 2024, Regular Meeting  111 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 Resolutions and Municipal Orders: Res. 21-24: Resolution Approving Human Resources Report Dated May 28, 2024 Res. 22-24: Resolution Approving Municipal Road Aid Cooperative Program Agreement with the Kentucky Transportation Cabinet for Construction, Reconstruction, and Maintenance of City Streets in Fiscal Year 2024-2025; and Authorizing the Mayor to Execute the Agreement on Behalf of the City Res. 23-24: Resolution Approving Agreement with United Way of Henderson, Inc. Allocating $7,500.00 to Receive, Review, Vet, and Make Recommendations Regarding City of Henderson’s Nonprofit Grant Funding Applications and Authorizing Mayor to Execute Agreement M.O. 43-24: Municipal Order Approving Addendum to Lease Dated March 22, 2005, Between City of Henderson and Henderson Recreation Association, Inc.; and Authorizing Mayor to Execute Addendum on Behalf of the City M.O. 44-24: Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between Deer Valley Subdivision, LLC 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 Pruitt, 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: May 28, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 23-24: FIRST READ ORDINANCE AMENDING CHAPTER 21- – TAXATION - BUSINESS AND OCCUPATIONAL LICENSE FEES AN ORDINANCE AMENDING CHAPTER 21- TAXATION, ARTICLE III BUSINESS AND OCCUPATIONAL LICENSE FEES, SEC. 21-31-DEFINITIONS, AND SEC. 21-34- EXEMPTED ACTIVITIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. DAWN KELSEY, City Attorney, reported that the Henderson Chamber/Downtown Henderson Partnership requested to have the Business License fees waived for vendors participating in permitted events within the City. The proposed ordinance would allow the event sponsor to apply for the business license and pay the fee for the entire event. Each vendor would be required to submit an Occupational License application/report on earnings from each permitted event. Also, if the vendor conducts business outside of a permitted event they would 112 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 then need to apply and pay for their own business license. 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. 24-24: FIRST READ ORDINANCE AMENDING CHAPTER 17 - PARKS AND RECREATION – SPECIAL EVENTS AN ORDINANCE AMENDING CHAPTER 17 - PARKS AND RECREATION, ARTICLE III - SPECIAL EVENTS, SEC. 17-45 - DEFINITIONS, SEC. 17-50 - APPLICATION FOR PERMIT, SEC. 17-51 - OCCUPATIONAL LICENSE, SEC. 17-55 - CONTENTS OF PERMIT, AND SEC. 17-57 - POSSESSION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. DAWN KELSEY, City Attorney, reported that this was a housekeeping action to update the Special Events application to include the Event Business License. MAYOR STATON reported on a related note: Lowe’s has agreed to provide materials and labor to build a deck at the Park Field complex for the Flash. The deck was part of the Flash’s presentation on keeping the alcohol service separate and away from the general grandstand. 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. 25-24: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS CONSISTING OF POTABLE WATER IMPROVEMENTS FOR COPPER CREEK CONDOMINIUM WATER MAIN EXTENSION PROJECT 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________  113 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 ORDINANCE NO. 26-24: FIRST READ ORDINANCE RELATING TO MAYOR AND BOARD OF COMMISSIONERS ANNUAL COMPENSATION AN ORDINANCE ESTABLISHING ANNUAL ADJUSTMENTS IN THE COMPENSATION OF THE MAYOR AND BOARD OF COMMISSIONERS 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. ________________________ MUNICIPAL ORDER NO. 45-24: MUNICIPAL ORDER AWARDING QUOTE FOR EXTERIOR PAINTING OF THE HART BUILDING AND FUEL ISLAND AT 401 N. ELM STREET TO ROBERSON SERVICES OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $29,137.48 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award the quote for exterior painting of the HART building and fuel island at 401 N. Elm Street to Roberson Services of Henderson in the amount of $29,137.48. 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 28, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 46-24: MUNICIPAL ORDER AWARDING QUOTE FOR DEMOLITION OF 1400-1404 POWELL STREET FOR THE CODE ENFORCEMENT DIVISION TO HAZEX CONSTRUCTION CO., INC. OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $5,098.00 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to award the quote for demolition of 1400-1404 Powell Street to Hazex Construction Co. of Henderson in the amount of $5,098.00. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that conditions at the site have changed since the quote was issued and it is now recommended not to award this quote until the issue is resolved with the property owner. 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: 114 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 WHEREUPON, Mayor Staton declared the municipal order DENIED. ________________________ MUNICIPAL ORDER NO. 47-24: MUNICIPAL ORDER AWARDING QUOTE FOR DEMOLITION OF 124 LETCHER STREET FOR THE CODE ENFORCEMENT DIVISION TO HAZEX CONSTRUCTION CO., INC. OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $5,833.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award the quote for demolition of 124 Letcher Street to Hazex Construction Co. of Henderson in the amount of $5,833.00. 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 28, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 48-24: MUNICIPAL ORDER AWARDING QUOTE FOR DEMOLITION OF 113 THOMPSON STREET FOR THE CODE ENFORCEMENT DIVISION TO B & B Excavating Inc. of Henderson, Kentucky, in the Amount of $7,350.00 MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, , to award the quote for demolition of 113 Thompson Street to B & B Excavating Inc. of Henderson in the amount of $7,350.00. 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 28, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 49-24: MUNICIPAL ORDER AWARDING QUOTE FOR DEMOLITION OF 1601 WASHINGTON STREET FOR THE CODE ENFORCEMENT DIVISION TO HAZEX CONSTRUCTION CO., INC. OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $7,097.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award the quote for demolition of 1601 Washington Street to Hazex Construction Co. of Henderson in the amount of $7,097.00. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye:  115 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 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 28, 2024 Maree Collins, CKMC, City Clerk ________________________ PRESENTATION: “United Way of Henderson County - Agency Funding Recommendations” MELISSA CLEMENTS, United Way of Henderson County and JACK BREWER, United Way Allocations Review Team Chair, gave an overview of the new agency funding process that the United Way Allocation Review Team conducted for the City and County this upcoming budget year. The Review Team has submitted the recommendations for funding for review and approval by the Board of Commissioners. There is a total of $18,500.00 that was not allocated by the Review Team to be used for emergency funding or allocation by the Board at a future date. DISCUSSION WAS HELD relating the new policy/procedures and that a mid-year update will be required from each recipient; if the recipient does not submit the required mid- year update, they will not be eligible for funding the next year; if the Board allocates funds to an organization that is not on the Review Team’s list, they will be required to complete an application and then follow-up with a mid-year update; and that the Review Team will formally present the policy/procedures recommendations for future years. MAYOR STATON requested that the City Manager and each Commissioner prepare to make a recommendation on allocating $3,000.00 of the remaining funds at the next Board meeting. The recommendation can be to add funding to an organization already on the list or to an organization that was not funded or did not apply. The Agency Funding recommendations will be formalized at the next Board meeting. ________________________ PRESENTATION: “Henderson Homeless Coalition” BRITTNEY SMITH, and MELISSA CLEMENTS, Henderson Homeless Coalition, requested funding for a Case Manager position that would be trained and employed by the Pitino Shelter in Owensboro. The Henderson Homeless Coalition would enter into a three year Agreement with the Pitino Shelter for the services at a cost of $40,000.00 per year to be split between the City and County. Henderson County Fiscal Court is looking to use Opioid funds and has requested a work session for further discussion. DAWN KELSEY, City Attorney, suggested that this Commission not use Opioid funds for the first year and then review if these duties would then fall under the Opioid funding. CHELSEA MILLS, Finance Director, indicated that $18,000.00 has been included in budget as a placeholder for this project if the Commission approves in the future. MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to move forward with including funding for the Case Manager position in the FY25 budget, contingent upon approval by Henderson County Fiscal Court and a funding Agreement between the City, Henderson County and the Pitino Shelter being adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: 116 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 2024 Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Mayor Staton ----- Aye: ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, asked DYLAN WARD, Assistant City Manager, to report on the conceptual idea for signage on Airline Road for the sports complex. Asking for permission to move forward with the bidding process for this signage. CITY OF HENDERSON - SPORTS PARK MONUMENT WITH EMC REV #1 ________________________ EXECUTIVE SESSION: “Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(c) for discussion of proposed litigation against 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 Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners reconvene into regular session. The vote was called.  117 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on May 28, 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 reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Vowels, 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 2:30 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor June 25, 2024 ______________________ Maree Collins, CKMC City Clerk