Board of Commissioners Meetings

132 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 25, 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 Mr. Eric Shappell, Acting 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. Robert Shoultz, Interim Police Chief Ms. Jordan Webb, Emergency Communications Director Mrs. Connie Galloway, Human Resources Director (Outgoing) Mr. Josh Dixon, Fire Chief Mr. Mark Simmons, Sports Complex Manager Ms. Crystal Windhaus, Mass Transit Coordinator Mr. Travis Owens, Assistant IT Director Mr. Gabriel Barker, IT System Administrator Mrs. Donna Madden, Executive Assistant Mr. Bill Raleigh, IT Support Specialist Mr. Wesley Gower, IT Programmer Analyst Mr. Brad Schneider, Henderson County Judge Executive Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Randall Redding, Henderson Municipal Power & Light Attorney Mr. Bart Boles, Henderson Water Utility General Manager Ms. Jennifer Marks, Henderson/Henderson County Planning Commission Asst. Exec. Dir. Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mrs. Abby Dixon, Tourist Commission Executive Director Mr. Dwight Williams, Commissioner Candidate Ms. Pamela King Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PRESENTATION: “New Employee Recognition” TRAVIS OWENS, Assistant Information Technology Director, introduced GABRIEL BARKER, Information Technologies System Administrator for Emergency Services including 9- 1-1. The BOARD OF COMMISSIONERS welcomed our new team member for employment with the City of Henderson. ________________________  133 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: May 28, 2024, Called Meeting Resolutions and Municipal Orders: Res 30-24: Resolution Approving Human Resources Report Dated June 25, 2024 Res 31-24: Resolution Authorizing the Submission of the 2024- 2025 CDBG Action Plan to the United States Department of Housing and Urban Development Res 32-24: Resolution Approving Agreement with the Henderson, Kentucky Chamber of Commerce, Downtown Henderson Partnership Committee Allocating a Monthly Payment of $3,916.67 for Services in Support of Downtown Henderson and Authorizing Mayor to Execute Agreement Res 33-24: Resolution Authorizing Funding for Henderson- Henderson County Planning Commission in the Amount of $418,290.00 Res 34-24: Resolution Authorizing Funding for City-County Human Rights Commission in the Amount of $46,020.00 Res 35-24: Resolution Approving Agreement with the Henderson City-County Airport Board Allocating up to $211,580.00 for Airport Services and Authorizing Mayor to Execute Agreement Res 36-24: Resolution Approving Agreement with Henderson Economic Development Allocating $60,000.00 for Services and Authorizing Mayor to Execute Agreement Res 37-24: Resolution Approving Memorandum of Understanding Between the City and Henderson Tourist Commission Regarding Personnel for the Henderson Welcome Center Gallery 101 Res 38-24: Resolution Approving Agreement with the Humane Society of Henderson County, Inc. Allocating $145,172.00 for Animal Control and Shelter Services; and the Mayor is Authorized to Execute Agreement on Behalf of City MO 55-24: Municipal Order Authorizing Submittal of a Transportation Alternatives Program (TAP) Application for Funding in the Amount of $280,960.00, to the Kentucky Transportation Cabinet, Department of Rural and Municipal Aid, Office of Local Programs for the Merrill Trail Extension Project; Accepting Funds if Awarded; and Authorizing the City to Execute all Necessary Documents MO 56-24: Municipal Order Amending Article 112-Eligibility to be Considered of the City of Henderson Employee Manual MO 57-24: Municipal Order Setting Car Allowance for City Manager, Assistant City Manager, and City Attorney, Effective July 1, 2024 134 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 MO 58-24: Municipal Order Accepting School Resource Officer Memorandum of Understanding Between the City of Henderson and Henderson County Board of Education; and Authorizing the Mayor to Execute on Behalf of the City 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: June 25, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 29-24: 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 BYPASS, CONTAINING PARCEL ID #46-13 (2144 OLD CORYDON ROAD), AND CONSISTING OF APPROXIMATELY 0.388 ACRES (16,919 SQ. FT.) 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 25, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 30-24: 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 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:  135 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 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 25, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 31-24: SECOND 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 APPENDIX A – ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, RELATING TO MEDICAL CANNABIS 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: June 25, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 32-24: SECOND 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 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: June 25, 2024 Maree Collins, CKMC, City Clerk ________________________ 136 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 MUNICIPAL ORDER NO. 59-24: MUNICIPAL ORDER APPROVING QUITCLAIM DEED AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HENDERSON, KENTUCKY AND CITY OF HENDERSON UTILITY COMMISSION D/B/A HENDERSON MUNICIPAL POWER & LIGHT FOR THE FULL SURFACE RIGHTS UNDERLYING PROPERTIES LOCATED IN HENDERSON COUNTY, KENTUCKY, BEING PVA PARCEL #46-19.2 (PORTION) AND #47-3, AND LIMITED SURFACE RIGHTS UNDERLYING PROPERTIES BEING PVA PARCEL #46-19.2 (PORTION) AND #48-4: AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve the Quitclaim Deed and MOU for the full surface rights underlying a portion of PVA Parcel #46- 19.2 and all of PVA Parcel #47-3; and limited surface rights underlying a portion of PVA Parcel 46-19.2 and all of PVA Parcel #48-4. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the City was gifted coal rights on approximately 2,200 acres and the Henderson Municipal Power & Light Solar Facility will be located on a portion of that property. The developer for the project requires necessary clearances on the surface rights before proceeding with the project. Staff has agreed to $150,000.00 of in-kind value for the surface rights underlying the listed parcels and is currently working on finalizing the details of the MOU. BRAD BICKETT, Henderson Municipal Power & Light General Manager, indicated that allowing this solar project to have full rights to the surface and be able to be developed will be a great benefit to the City over the next 20 years, providing approximately 20% of the total energy HMPL customers consume annually at approximately the same rate we are paying for power today. Mr. Bickett indicated he believed this was a fair price and was the right thing for this HMPL project and for the community. 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 25, 2024 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 39-24: RESOLUTION APPROVING 2024 AMENDMENT AND RESTATEMENT OF WATER AND SEWER SERVICE AGREEMENT BETWEEN THE CITY OF HENDERSON, KENTUCKY, HENDERSON MUNICIPAL WATER AND SEWER COMMISSION D/B/A HENDERSON WATER UTILITY, TYSON CHICKEN, INC., HENDERSON COUNTY, KENTUCKY, WEBSTER COUNTY, KENTUCKY, AND MCLEAN COUNTY, KENTUCKY; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the 2024 Amended and Restated Water and Sewer Service Agreement for Tyson Chicken, Inc., formerly know as Hudson Foods, Inc., (a subsidiary of Tyson Foods, Inc.), and approved by the Water & Sewer Commission on June 17, 2024. The vote was called.  137 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 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 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 25, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 60-24: MUNICIPAL ORDER AUTHORIZING AWARD OF CONTRACT TO HERRON AUCTION LLC OF HENDERSON, KENTUCKY FOR THE AUCTIONEERING SERVICES FOR THE SALE OF REAL PROPERTY LOCATED AT 100 FIFTH STREET MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve award of a contract with Herron Auction LLC for auctioneering services for the sale of real property located at 100 Fifth 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 25, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: JORDAN WEBB, 9-1-1 Emergency Communications Director, reported that the City has been awarded $130,000.00 from the Kentucky 9-1-1 Services Board for the new CAD System which will include text and video, which was a capital project included in the upcoming budget. It is anticipated that work will begin as early as December. MAYOR STATON thanked Jordan for her hard work and indicated that this new system will take us into the next generation of computer aided dispatch. ________________________ DYLAN WARD, Assistant City Manager, reported on the signage for the new sports complex that will be located on the Audubon Parkway. He indicated that at a previous meeting he presented the proposed signage that would be located on Airline Road, however, the signage located on Audubon Parkway would be a much larger scale sign and used the Bowling Green Home of Western Kentucky University sign as the inspiration. Dylan reported that there are funds available for such signage and then asked the Commissioners if this was something they wanted to have pursued or move in a different direction. DISCUSSION WAS HELD with unanimous agreement that the signage concept mimics the other Welcome to Henderson signage and ties in with the Airline Road signage and the concept should move forward with a more formal drawing for further review. ________________________ 138 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported on the Clay Street Bridge Project. He indicated that no bids were received for opening last Friday. Secretary Jim Gray has been made aware of this situation and he and his staff will continue to work on moving this KYTC project forward. Mr. Newman further reported that with the Clay Street Bridge closure, it is unclear as to if the original timelines for I-69 and the Airline Road Bridge work will stay on track or not. The last thing we want is to have both bridges out at the same time. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, acknowledged the Department of Defense for being in Henderson over the last two weeks and reported that final participation number will be available in the near future. They indicated that we exceeded their expectations and that they wished to come back and strongly encouraged us to apply for the grant. Mr. Newman thanked our community partners including the Tourist Commission, the Henderson Flash, Henderson County Health Department, and Health First - apologizing if he left anyone out. He further thanked Mayor Staton, Holli Blanford and Sam Lingerfelt for all their assistance and spending all their time and energy in making this a successful event. The support of City staff has been unbelievable, and it’s just been a great success providing this service to our citizens. COMMISSIONER PRUITT thanked Buzzy for all the work he did in making sure that they were supported with whatever they needed. COMMISSIONER VOWELS thanked City Manager Newman and staff for all their hard work and presented the award the City was given for outstanding support for a very successful event. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the City has received a request from a housing developer about one of our ordinances. He asked that Jennifer Marks with the Planning Commission present information on the current ordinance and how things work together under this ordinance and if the ordinance can be amended to accommodate the developer. JENNIFER MARKS, Planning Commission Assistant Executive Director, explained that the request was to make changes to our current addressing policy for major subdivisions. She then gave a little history on how the original discussion began in 2005 that addressing needed to be handled in one location and that the Planning Commission be the sole entity for addressing of new developments. Subsequently, a committee of City, County, and Planning Commission staff was formed to review the current County’s ordinance since the City did not have an addressing ordinance. The City adopted an addressing ordinance designating the Planning Commission as the official agency responsible for assigning addresses for the City. The Planning Commission then created an internal policy based upon the County’s addressing ordinance. This policy indicates that with a major subdivision the preliminary plat goes to the full Planning Commission Board, once approved the next stage would be submitting the final plat either in sectionalized process or full. The final plat is what creates a legal lot of record. The County’s ordinance refers to a legal lot of record for addressing; however, the policy steps are an internal policy within the Planning Commission. A developer has requested to have addressing done from the preliminary plat which could change by the time the final plat is recorded which in turn could cause changes to be made in the addressing of the lots. Street/road names are not assigned until the final plat is recorded and the streets are accepted by the City into the official street listing. DISCUSSION WAS HELD on various scenarios, but without knowing the exact reason for the requested change it is hard to determine how best to proceed. This is not a simple issue, with a simple answer, it is more complicated than it seems at first blush. It is unclear exactly why this developer would like this change as most other communities also require the final plat be recorded before addresses are assigned. The only local community that allows the preliminary plat used for addressing is Owensboro. It was determined to request the developer come to a future meeting for further discussion on the process for determination on how to proceed. ________________________  139 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 RECOGNITION OF VISITORS: BRAD SCHNEIDER, Henderson County Judge Executive, indicated that this morning at the Fiscal Court meeting they reflected on events of the last year, and how well our City and County works together for the betterment of our citizens. The level of our teamwork on large and small projects is unprecedented and he just wanted to express his admiration and appreciation for the collaboration and cooperation and spirit of teamwork between the Fiscal Court and the City Commission. He expressed how proud he was of all of the amazing things that have been accomplished, and how honored and proud he was of the relationship. MAYOR STATON indicated that the state legislature over the last year and a half has largely been looking at ways they can force counties and cities to cooperate because they just don’t do it. It is uncommon to have the level of cooperation and collaboration that we’ve had with the County. We’ve had a number of big projects that we couldn’t have accomplished, at least not without great difficulty, without the County’s support. Mayor Staton stated, “We appreciate the relationship we have as well.” ________________________ BOARD/COMMISSION APPOINTMENT: “Henderson City/County Human Rights Commission” Vacant – Term to Expire September 17, 2026 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Staton, to appoint, Maximillian Lisembe to fill the remainder of the term of Michelle Chappell on the Henderson City/County Human Rights Commission. Said term to expire September 17, 2026. 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: ________________________ COMMISSIONER’S REPORT: COMMISSIONER PRUITT thanked everyone that came out to the Juneteenth Celebration and especially those that played in the cornhole tournament. ________________________ MAYOR STATON reported that one of the Inner City Affordable Housing Committee projects involves Habitat for Humanity partnering with a bold idea for committing $100,000.00 per year for five years conditioned upon the city matching those funds for a total of $200,000.00 per year for five years with Habitat taking the lead on acquiring and demolition of blighted properties in the Inner City area. The City already allocates approximately $50,000.00 per year for demolition/remediation of dilapidated properties, and this would increase available funds while making more properties available for new homeownership. Mayor Staton indicated that the ICIP Committee would like to know if this is something they should pursue to present later this year for implementation next fiscal year. COMMISSIONER WHITT indicated that he is on that Committee, and he believes this will be a good partnership. He reported that while Habitat would take the lead, it is anticipated that they would not be building on all of the lots, lots would be available for other builders. The Commissioners were unanimous in their support of pursuing this ICIP project. ________________________ 140 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 25, 2024 APPEARANCE OF CITIZENS: PAMELA KING, resident, apologized for coming in so late and indicated that she has an ongoing safety concern at her residence and wanted some assistance as she feels unsafe in her own home. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, suggested that he, Interim Chief Shoultz and the Police Consultant Billy Bolin meet with Ms. King in a more private setting to try to address the issue. ________________________ 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 4:11 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor July 23, 2024 ______________________ Maree Collins, CKMC City Clerk