Board of Commissioners Meetings

141 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 09, 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 Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney (via Zoom Panelist) Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Mr. Robert “Bob” Shoultz, Interim Police Chief Mr. Billy Bolin, Police Consultant Mr. Ryan Walenga, Police Major Ms. Megan McElfresh, Human Resources Director (Incoming) Ms. Jordan Webb, Emergency Communications Director Mr. Josh Dixon, Fire Chief Mr. Nick Mangarella, Assistant Fire Chief Mr. Mark Simmons, Engineering Assistant Mr. Steve Davis, Code Enforcement Administrator Mr. Travis Owens, Assistant IT Director Ms. Karla Beckgerd, Human Resources Specialist Mrs. Donna Madden, Executive Assistant Mrs. Theresa Richey, Legal Secretary Mr. Blake Davis, Parks, Grounds Maintenance Worker I Mr. Andrew Herron, Account Representative Mr. Bill Raleigh, IT Support Specialist Mr. Wesley Gower, IT Programmer Analyst Mr. Bart Boles, Henderson Water Utility General Manager Mr. Brian Bishop, Henderson/Henderson County Planning Commission Executive Dir. Ms. Jennifer Marks, Henderson/Henderson County Planning Commission Asst. Exec. Dir. Mr. Manual Ball, Jagoe Homes Mr. Bill Jagoe, Jagoe Homes Mr. Tom Lovett, Green River Area Development District MPO Director Mr. Tony Bullock, Henderson Girls Softball Association Mr. Todd Grass, Henderson Girls Softball Association President Mr. Dwight Williams, Commissioner Candidate Rev. Charles Johnson, Henderson City/County Human Rights Executive Director Mr. Vince Tweddell, Publisher/Editor, the Hendersonian 44 News Crew 14 News Crew Mr. James Elliott, Police Officer ________________________ 142 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 PRESENTATION: “New Police Chief Swearing-In Ceremony” MAYOR STATON performed the swearing-in ceremony for Police Chief Billy Bolin and expressed his appreciation for all Billy’s hard work and discipline to achieve POPs Certifications for this position. BILLY BOLIN, Police Chief, again thanked the Commission for this opportunity. ________________________ PRESENTATION: “New Employee Recognition” CHELSEA MILLS, Finance Director, introduced ANDREW HERRON, Account Representative TRACE STEVENS, Parks, Recreation and Cemetery Director, introduced BLAKE DAVIS, Grounds Maintenance Worker I, Fairmont Cemetery. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ APPEARANCE OF CITIZENS: TONY BULLOCK, Henderson Girls Softball Association, and TODD GRASS, Henderson Girls Softball Association Commissioner, reported that there was an issue with trash pickup at the ball fields now that the City has gone to the automated trucks. The park continues to utilize the 55 gallon drums making it difficult for trash collections at the fields. Mr. Bullock also brought up the possibility of changing out the lighting system to LED. WILLIAM L. BUZZY NEWMAN, JR., City Manager, indicated that the City may have enough to get the barrels replaced at the Newman Park fields, but requested that the Parks department investigate how many of the new containers would be needed to replace all the old barrels in all the parks. Mr. Newman reported that he would have Assistant City Manager Dylan Ward look at the plan for lighting replacement. ________________________ TOM LOVETT, Metropolitan Planning Organization Director, Green River Area Development District (GRADD), reported that the Kentucky Transportation Department has issued a new rule regarding Title VI Plans for those communities that receive Federal Highway Administration funds. GRADD’s Title VI Plan has been approved by KYTC to be adopted by all of the affected communities within its area. Required training is available online to complete the new KYTC requirements. WILLIAM L. BUZZY NEWMAN, JR., City Manager, indicated that the City currently is under the Evansville Metropolitan Planning Organization, but may be required to leave sometime in 2025. At this time, we are reviewing options and working with EMPO on expanding our current Title VI Plan to meet the requirements. Mr. Newman thanked Mr. Lovett for attending the meeting and bringing this back to the forefront of items that need immediate attention. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: June 04, 2024, Called Meeting June 11, 2024, Regular Meeting  143 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 Resolutions and Municipal Orders: Res 40-24: Resolution Approving Human Resources Report Dated July 09, 2024 Res 41-24: Resolution Increasing Salary of City Manager by Two Percent (2%) Effective July 1, 2024 Res 42-24: Resolution Approving Community Development Block Grant Subrecipient Agreement with the Father Bradley Shelter for Women and Children, Inc. (SWC) MO 61-24: Municipal Order Authorizing Purchase of a 2023 John Deere Gator XUV35M in the Amount of $21,301.47 and a John Deere 4044M Compact Utility Tractor in the Amount of $48,514.32 for the Sports Complex from Deere & Company, Cary, North Carolina by Commonwealth of Kentucky Master Agreement Number MA 758PUNC2000000691 MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: July 09, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 33-24: FIRST READ ORDINANCE CLOSING PUBLIC RIGHT-OF-WAY AN ORDINANCE CLOSING UNIMPROVED PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 109 TOTAL SQUARE FEET LOCATED IN THE CITY OF HENDERSON AND LOCATED BETWEEN EIGHTH AND SEVENTH STREETS AND BETWEEN ELM AND GREEN STREETS MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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. ________________________ 144 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 MUNICIPAL ORDER NO. 62-24: MUNICIPAL ORDER AUTHORIZING AWARD OF SALE OF SURPLUS PROPERTY LOCATED AT 601 W. MAIN STREET (PARCEL ID #1-3-4-5) TO SCOTT MCCORD, HENDERSON, KENTUCKY, IN THE AMOUNT OF $2,000.00; AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY TO COMPLETE SALE MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to approve the sale of surplus real property located at 601 West Main Street to Scott McCord of Henderson, in the negotiated price of $2,000.00. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the property was originally used by Henderson Municipal Power and Light and was earlier declared as surplus. The lone bid submitted did not meet the set reserve and the Assistant Finance Director entered into negations with the bidder. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: July 09, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 63-24: MUNICIPAL ORDER APPROVING AGREEMENT BETWEEN THE CITY OF HENDERSON AND HENDERSON COUNTY FISCAL COURT RELATING TO THE REPAIR OF DANA DRIVE; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve entering into an agreement with the County determining the 50/50 split of the cost for the repair of the Dana Drive. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that this is a small section of roadway that somehow was not included when both ends of the roadway were annexed. Once repairs are complete, staff will formally present an annexation ordinance. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: July 09, 2024 Maree Collins, CKMC, City Clerk ________________________  145 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 CITY MANAGER’S REPORT: MANUAL BALL, Home Development Manager, Jagoe Homes, reported that the pre- sales event went well with 16 customers interested in building. Jagoe plans to build 11 market homes and one model home in the first phase. He explained that the City had amended ordinances which now allows building permits to be issued before the final plat in order to be more business friendly; however, the addressing ordinance puts up a roadblock for them because utilities require an address before installing meters, or cable and internet lines. The postal service now requires cluster mailbox units, so each address no longer has a mailbox unit physically on it. Mr. Ball indicated that other communities allow addressing from the preliminary plat and that their company has had no real issues when using the preliminary plat. When pressed, he responded that Owensboro is the only community that allows them to use the preliminary plat for addressing. DISCUSSION WAS HELD relating to financing, postal service, utility services, infrastructure, marketing; the current addressing system; when and how property is transferred; the differences between how preliminary plats and final plats are approved; how PVA requires a final plat before assigning parcel numbers; that builders are given a choice to build to completion or bond; the pros and cons of addressing from preliminary plat; and that officially there are no other local communities that allow addressing from the preliminary plat, but Owensboro does allow this accommodation for Jagoe. MAYOR STATON indicated that since the current phase is so close to the final plat stage, whatever ordinance changes would not affect this Phase of the project; however, he would like staff to work with Planning Commission staff to rework the ordinance and policy to make it more business friendly for all builders. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to request that the Planning Commission review City ordinances and policies to give builders the option to use the preliminary plat for addressing. The vote was called. On roll call, the vote stood. Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: ________________________ MEETING RECESS: MAYOR STATON called a recess at approximately 3:50 p.m. during the City Manager Report portion of the meeting due to a tornado warning with a tornado siting near Henderson. ________________________ MEETING RECONVENED FROM RECESS: MAYOR STATON called the meeting into session from recess at approximately 4:06 p.m., resuming discussion under the City Manager Report. EXECUTIVE SESSION: “Employee Discipline” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(f) for discussion that might lead to the discipline or dismissal of an individual employee. The vote was called. 146 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 09, 2024 On roll call, the vote stood. Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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 Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Aye: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:46 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor July 23, 2024 ______________________ Maree Collins, CKMC City Clerk