Board of Commissioners Meetings

123 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 11, 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 Mrs. Dawn Winn, Assistant Finance Director Mr. Robert Shoultz, Interim Police Chief Mr. Billy Bolin, Police Consultant Mr. Trace Stevens, Parks, Recreation & Cemeteries Director 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. Randall Jenkins, Fire Captain Mrs. Joan Jenkins Ms. Ashley Jenkins Wolfe Ms. Emmy Wolfe Ms. Kate Wolfe Ms. Ava Wolfe Ms. Tori Wolfe Ms. Cindy Phillips, HFD Administrative Secretary Ms. Stephanie Weiner, HFD Secretary Senior Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Ty Boggass, Safety & Training Intern Mrs. Donna Madden, Executive Assistant Ms. Tammy Willett, Community Development Specialist Mr. David Wright, IT Network Administrator II Mr. Wesley Gower, IT Programmer Analyst Mr. Bart Boles, Henderson Water Utility General Manager Mr. Dwight Williams, Commissioner Candidate Rev. Charles Johnson, Henderson City/County Human Rights Executive Director Mr. David Bates, World Changers Project Coordinator Mr. David Sims, World Changers Mr. Jeff Helsey, Robards Missionary Baptist Church Pastor Mrs. Donna Veazey Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ 124 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 PROCLAMATIONS: “World Changers Week” MAYOR STATON thanked representatives from World Changers and the Green Valley Baptist Association on behalf of the City Commission and the entire City for their support and participation in making such a positive change in our community. TAMMY WILLETT, Community Development Specialist, DAVID BATES, World Changers Project Coordinator, and Pastor JEFF HESLEY, Mt. Pleasant Baptist Church and World Changers Associational Coordinator were present to accept the proclamation. DAVID BATES, World Changers Project Coordinator, reported that ten churches from six different states will be represented to work on approximately 21 to 22 houses in Henderson. He indicated that DAVID SIMS was a crew chief last year and liked it here so much that he has now moved to Henderson and is now at Mt. Pleasant Baptist Church. He will be working on the Project again this year. ________________________ PRESENTATION: “New Employee Recognition” ROBERT SHOULTZ, Interim Police Chief, introduced Police Recruit Treg Duvall and Police Recruit Jordan Potter, indicating that they would be training here until the Academy begins in August. They have been busy at the Brain Injury Camp with a mini Police Academy for the kids. ________________________ PRESENTATION: “50-Year Service Award” MAYOR STATON expressed appreciation to RANDALL JENKINS, Captain, Fire Department, for his 50 years of service and dedication to the City of Henderson. RANDALL JENKINS, Fire Captain, expressed appreciation to his wife, daughter and granddaughters for allowing him to follow his passion for all of these years. He indicated that he came to work at the Henderson Fire Department right out of high school because he needed a job, but stayed because the service became his second home and his second family. He further indicated he doesn’t have an exit strategy and hopes to continue on for as long as he can. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: May 21, 2024, Called Meeting May 21, 2024, Called Work Session Resolutions and Municipal Orders: Res. 24-24: Resolution Approving Human Resources Report Dated June 11, 2024 Res. 25-24: Resolution Approving Memorandum of Understanding between Henderson Community College, KCTCS and the City of Henderson, Kentucky (Police Department) Res. 26-24: Resolution Increasing Salary of City Attorney by Two Percent (2%) Effective as of June 1, 2024 Res. 27-24: Resolution Authorizing the Rebate of One Percent (1%) of the Wages, Salaries or Other Compensation Paid by Allstate Tower, Inc. Imposed and Levied as Occupational License Fees Due and Payable to the City of Henderson, Kentucky by Ordinance, From  125 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 the Salaries, Wages and Other Compensation to be paid to New Employees Hired Over the Baseline by Allstate Tower, Inc. Provided Said Company Meets the Criteria Set Forth in Its Application for Incentives Under the Kentucky Business Investment Program M.O. 50-24: Municipal Order Approving Memorandum of Understanding Between the City of Henderson, Henderson County Fiscal Court, and the Center for Addiction Recovery of Henderson, Inc.; And Authorizing the Mayor to Execute All Necessary Documents MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 27-24: SECOND READ ORDINANCE ADOPTING BUDGET AND APPROPRIATION ORDINANCE FOR THE 2024-2025 FISCAL YEAR BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025 FOR THE CITY OF HENDERSON, KENTUCKY 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 28-24: SECOND READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: 126 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 29-24: 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 BYPASS, CONTAINING PARCEL ID #46-13 (2144 OLD CORYDON ROAD), AND CONSISTING OF APPROXIMATELY 0.388 ACRES (16,919 SQ. FT.) 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. 30-24: 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 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. ________________________ ORDINANCE NO. 31-24: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING RELATING TO MEDICAL CANNABIS ORDINANCE AMENDING ARTICLE II-DEFINITIONS, SEC. 2.01-DEFINITIONS; ARTICLE XXI-H-C, HIGHWAY COMMERCIAL DISTRICT, SEC. 21.02-PERMITTED USES; ARTICLE XXIII-M-1, LIGHT INDUSTRIAL DISTRICT, SEC. 23.02 PERMITTED USES; AND ARTICLE XXV-AG, AGRICULTURE DISTRICT, SEC. 25.02-PERMITTED USES; OF THE  127 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 APPENDIX A – ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, RELATING TO MEDICAL CANNABIS MOTION by Commissioner Vowels, seconded by Commissioner Whitt, that the ordinance be adopted. DAWN KELSEY, City Attorney, indicated that there is no guaranty that Henderson would get one of only four dispensary licenses in our District. A companion ordinance will be brought forward for regulatory fees once the state has finalized those regulations. 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. 32-24: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN FOR NON-HAZARDOUS DUTY POSITIONS, FIRE HAZARDOUS DUTY POSITIONS, AND POLICE HAZARDOUS DUTY POSITIONS; AND APPROVES PROVIDING FOR THREE PERCENT (3%) COST OF LIVING ADJUSTMENT (COLA) FOR CITY EMPLOYEES FOR FISCAL YEAR 2025 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that the Pay Plan changes are in accordance with the desire of the Board to bring lower level employees up on the pay scale to assist with retention and recruitment. 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. 52-24: MUNICIPAL ORDER TO PROVIDE FOR TWO PERCENT (2%) INCREASE FOR CONTRACTUAL EMPLOYEE POSITIONS EFFECTIVE JULY 1, 2024 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve a pay increase for contractual employee positions as they are not in the City’s Pay and Classification Plan. 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: 128 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 28-24: RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR HENDERSON DISTILLING COMPANY, LLC FOR PROPERTY LOCATED AT 405 N. MAIN STREET (PID # 1-8-3-3), HENDERSON KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to approve the granting a property reassessment moratorium for Henderson Distilling Company, LLC for the property located at 405 N. Main Street. 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 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 29-24: RESOLUTION CONDITIONALLY APPROVING UNITED WAY OF HENDERSON COUNTY FUNDING ALLOCATION RECOMMENDATIONS REGARDING THE CITY OF HENDERSON NONPROFIT GRANT PROGRAM MOTION by Commissioner Vowels, seconded by Commissioner Whitt, to approve the United Way of Henderson County funding allocation recommendations relating to the City’s Nonprofit Grant Program, conditioned upon each of the projects to be funded meeting legal public funding criteria. Further, this conditional approval will include the Board’s recommendations for allocation of an additional $18,000.00 in discretionary program funds. 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 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 53-24: MUNICIPAL ORDER AWARDING PURCHASE OF CEMETERY BURIALS AND RELATED CEMETERY SERVICES FOR THE PARKS RECREATION AND CEMETERIES DEPARTMENT TO O’NAN SERVICES OF HENDERSON, KENTUCKY  129 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve award of the purchase of cemetery burials and related cemetery services to O’Nan Services of Henderson, Kentucky, with the right to self-perform any of these services at the City’s sole discretion, and that the unit prices remain valid through June 30, 2025, with the option to add up to two 12-month extensions upon agreement of both parties. No bids were received for Bid Reference 24-12, however O’Nan Services submitted a proposal after the deadline which is in accordance with services provided on an intermittent and as-needed basis in the past. 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 54-24: MUNICIPAL ORDER APPROVING AGREEMENT BETWEEN THE CITY OF HENDERSON, KENTUCKY AND HENDERSON DISTILLING COMPANY, LLC FOR WAIVER OF RIGHT OF FIRST REFUSAL; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve the Waiver of Right of First Refusal by Henderson Distilling Company, LLC for property adjoining 405 N. Main Street. 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: June 11, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reminded everyone that the military medical, dental, vision, veterinarian care event begins this week. He thanked Public Relations Manager Holli Blanford, Safety & Training Coordinator Sam Lingerfelt and Assistant City Manager Dylan Ward for all the assistance they have given him in setting up for the event and that he and the others would be out of the office most of week with the event which begins Saturday at 8-4. He stated that we are fortunate to have them here to provide these free services to our residents. He extended an invitation to the Board to attend the opening ceremony with the Governor, Military Dignitaries, Delta Regional Authority officials and others will be touring the facilities. ________________________ 130 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 BOARD/COMMISSION RE-APPOINTMENT: “City Utility Commission” Lin Shannon – Term to Expire April 25, 2024 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Staton, to re-appoint, Lin Shannon to a three-year term on the City Utility Commission. Said term to expire April 25, 2027. 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: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “City/County Planning Commission” Bobbie Jarrett – Term to Expire June 01, 2024 Kevin Herron – Term to Expire June 01, 2024 MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, upon recommendation of Mayor Staton, to re-appoint, Bobbie Jarrett and Kevin Herron to four-year terms on the Henderson City/County Planning Commission. Said terms to expire June 01, 2028. 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: ________________________ BOARD/COMMISSION APPOINTMENT: “Henderson Tourist Commission” Kristie Staton (City At-Large Appointment) – Term to Expire June 30, 2024 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Staton, to appoint, Meridith Powell to a three-year term on the Henderson Tourist Commission. Said term to expire June 30, 2027. 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: ________________________ BOARD/COMMISSION APPOINTMENT: “Henderson Tourist Commission” Kiran Patel (Hotel/Lodging Rep – Joint Appt. w/County) – Term to Expire June 30, 2024 MOTION by Commissioner Vowels, seconded by Commissioner Thomas, upon recommendation of Mayor Staton, to appoint, Greg Gibson to a three-year term on the Henderson Tourist Commission (joint appointment with County.) Said term to expire June 30, 2027. 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: ________________________  131 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 11, 2024 COMMISSIONER’S REPORT: COMMISSIONER THOMAS reminded everyone that this is Handy Week. ________________________ COMMISSIONER PRUITT thanked the group that went to Colorado for such a great experience and reported that both Chiefs are invited to participate in the June 22nd Corn Hole competition at the Juneteenth Celebration. ________________________ COMMISSIONER VOWELS echoed that this is Handy Fest Week, and everyone should get out and enjoy it. He also commended the group that represented Henderson in Denver at the All American City competition, indicating that the group spent a lot of time and put a great deal of heart into the presentation. He said, “unfortunately we didn’t come home with the award, but we were one of 20 finalists to be invited to present, and that is something big all by itself.” He thanked all of those involved with the Inner City Improvement Plan and a special thank you to Dawn Kelsey, Theresa Richey, Abby Dixon and Major Conrad. Commissioner Pruitt indicated that one of the suggestions that came out of other presentations in Denver was to conduct meetings out in the neighborhoods and he would like for us to look at conducting meetings in other locations to better engage the public. ________________________ MAYOR STATON thanked those that went to Denver to the All American City competition to present the Inner City Improvement Plan and reminded everyone of the ICIP Mental Wellness Self Care Fun Fair this Saturday, June 15th at South Heights. ________________________ MEETING ADJOURN: MOTION by Commissioner Whitt, seconded by Commissioner Pruitt, 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 3:48 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor July 9, 2024 ______________________ Maree Collins, CKMC City Clerk