Board of Commissioners Meetings

147 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 23, 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 Rodney Thomas ABSENT: Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney (via Zoom Panelist) Ms. Maree Collins, City Clerk Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Ms. Dawn Winn, Assistant Finance Director Mr. Billy Bolin, Police Chief Mr. Robert “Bob” Shoultz, Deputy Police Chief Ms. Megan McElfresh, Human Resources Director (Incoming) Mrs. Connie Galloway, Human Resources Director (Outgoing) Mr. Tim Clayton, Gas System Director Mr. John Herron, Gas Distribution Engineer Mr. Josh Dixon, Fire Chief Mr. Matt Anderson, Fire Division Chief Mr. Trace Stevens, Parks Recreation and Cemeteries Director Mr. Steve Davis, Code Enforcement Administrator Mr. Doug Boom, Engineer Ms. Leigh Anne Herron, Purchasing Coordinator Mrs. Kelley VanBussum, Utility Billing Supervisor Mr. Brad VanBussum Ms. Karla Beckgerd, Human Resources Specialist Ms. Karen Price, Human Resources Benefits Coordinator Ms. Regenia Bender, Human Resources Benefits Coordinator Ms. Tammy Newton, Human Resources Generalist Mrs. Donna Madden, Executive Assistant Mrs. Theresa Richey, Legal Secretary Ms. Cindy Phillips, HFD Administrative Secretary Ms. Stephanie Weiner, HFD Secretary Mr. Bill Raleigh, IT Support Specialist Mr. Wesley Gower, IT Programmer Analyst Mr. Bart Boles, Henderson Water Utility General Manager Ms. Susan Bryant, HWU Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP (via Zoom Panelist) Ms. Clay Gillham, Henderson Chamber of Commerce President Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. Manual Ball, Jagoe Homes Mr. Bill Jagoe, Jagoe Homes Mr. Dwight Williams, Commissioner Candidate Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ 148 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 PROCLAMATION: “Honoring Roy & Velma Pullam” MAYOR STATON had the proclamation read into the minutes and explained that the framed proclamation was presented earlier at a reception held in the Pullam’s honor. Mayor Staton thanked them for their service to our community. ROY PULLAM reported that he came to Henderson for a visit in 1964 and fell in love with the community and the people, so he moved here and has never regretted that decision. He indicated that it was wonderful to see so many former students and old friends at the reception last week and he is so very proud to be counted among them as a Hendersonian. COMMISSIONER PRUITT indicated that Mr. Pullam was his teacher and thanked him for always pushing his students to do better and for being such an influence in his life. ________________________ PRESENTATION: “New Employee Recognition” TIM CLAYTON, Gas System Director, introduced JOHN HERRON, Gas System Equipment Operator. The BOARD OF COMMISSIONERS welcomed our new team member for employment with the City of Henderson. ________________________ PRESENTATION: “Downtown Henderson Partnership Update” CLAY GILLHAM, Henderson Chamber of Commerce President, gave a brief update on the Chamber and the Downtown Henderson Partnership Committee. She reported that since 2022 when DHP merged with the Chamber, DHP has sponsored more than 35 events a year as well as non-event work with the Chamber on the Weekly Newsletter, social media promotions, and the launch of the 20 Under 40 Program. She and staff have been conducting interviews and it is anticipated to announce a new events coordinator in the near future. MAYOR STATON congratulated Ms. Gillham on how well things are going at the Chamber since she stepped into the position and expressed appreciation for coming today for this presentation. He indicated that she would be returning annually to report on DHP activities. ________________________ PRESENTATION: “25-Year Service Award” MAYOR STATON expressed appreciation to Utility Billing Supervisor KELLEY VANBUSSUM for her 25 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to Engineer DOUG BOOM for his 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to Gas Distribution Engineer STEVEN CLARK for his 20 years of service and dedication to the City of Henderson. ________________________  149 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 PRESENTATION: “Retirement Recognition” MAYOR STATON expressed appreciation to Fire Department Administrative Secretary CINDY PHILLIPS for her 33 years of service and dedication to the City of Henderson and wished her well on her retirement. CINDY PHILLIPS, Fire Department Administrative Secretary, expressed her appreciation for the opportunities afforded her at the City and hoped that when people think of her, they think that she did a good job, treated people nice, and did what was asked with a smile. ________________________ PRESENTATION: “Retirement Recognition” MAYOR STATON expressed appreciation to Human Resources Director CONNIE GALLOWAY for her years of service and dedication to the City of Henderson and wished her well on her retirement. CONNIE GALLOWAY, Human Resources Director, expressed her appreciation and honor for being able to work in the community that she was raised in, and be part of that with our fellow co-workers. She indicated that we are so fortunate to have such a wonderful group of people that work here at the City and care about our citizens. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: June 25, 2024, Regular Meeting July 09, 2024, Regular Meeting Resolutions and Municipal Orders: Res 43-24: Resolution Approving Human Resources Report Dated July 23, 2024 Res 44-24: Resolution Authorizing Acceptance of Grant in the Amount of $695,430.00 from the United States Department of Transportation, Federal Aviation Administration to Henderson City- County Airport to be Used for project “Extend Runway 09/27 – Design Only;” and Authorizing the Mayor to Execute all Necessary Documents Res 45-24: Resolution Authorizing Jessa Brandon to Act as Deputy City Clerk with all City Clerk Authorities in the Absence of the Current City Clerk Until Assuming Full Duties Upon Current Clerk’s Retirement, or January 1, 2025, Whichever Comes First 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 --- Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ 150 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 APPEARANCE OF CITIZENS: MANUAL BALL, Home Development Manager, Jagoe Homes, wanted to thank all those that worked so diligently behind the scenes to make amendments to the addressing ordinance that would work for all involved. He indicated that this was an interesting meeting to attend with all of the long-term employee recognitions and retirements and it’s clear, as we’ve said in the past, this is a good city and a good place to work. ________________________ ORDINANCE NO. 33-24: SECOND 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 Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: Commissioner Whitt ------ Aye: Commissioner Thomas --- 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: July 23, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 34-24: FIRST READ ORDINANCE AMENDING CHAPTER 20 RELATING TO THE HOUSE NUMBERING PLAN AN ORDINANCE AMENDING CHAPTER 20 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I – IN GENERAL, SEC. 20-8 – HOUSE NUMBERING PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. MAYOR STATON reported that the changes would allow all builder developers options relating to subdivision regulations and also wanted to thank Planning Commission staff and our city attorney, city manager, 911 director and many others for their input in getting this ordinance ready. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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. ________________________  151 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 ORDINANCE NO. 35-24: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN BY APPLYING THE NON-HAZARDOUS DUTY FY 2025 1-PAY GRADE INCREASE PLAN TO FOUR (4) HWU POSITIONS MOTION by Commissioner Whitt, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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. ________________________ ORDINANCE NO. 36-24: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET AN ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON- HAZARDOUS DUTY POSITIONS IN THE PARKS AND RECREATION DEPARTMENT MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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. ________________________ ORDINANCE NO. 37-24: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS (STORMWATER SEWER SYSTEM) FOR THE COPPER CREEK CONDOMINIUM PROJECT ON GREEN RIVER ROAD IN THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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. ________________________ 152 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 ORDINANCE NO. 38-24: FIRST READ ORDINANCE AMENDING CHAPTER 7 RELATING TO NATIONAL FUEL GAS CODE AN ORDINANCE AMENDING CHAPTER 7 – BUILDINGS AND BUILDING REGULATIONS, ARTICLE VII – FUEL GAS CODE, SEC. 7-221 – ADOPTION OF NATIONAL FUEL GAS CODE, OF THE CODE OF ORDINANCES 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 Pruitt ------ Aye: Commissioner Vowels --- Absent: 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. ________________________ MUNICIPAL ORDER NO. 64-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE FIRE DEPARTMENT UNIFORMS AND EQUIPMENT OT SIEGEL’S CORPORATION OF EVANSVILLE, INDIANA MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the award of bid for the purchase of fire department uniforms and equipment to Siegel’s Corporation of Evansville in strict accordance with its bid as submitted pursuant to Bid Reference 24-14. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 65-24: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF A NEW 2024 CHEVROLET TAHOE FOR THE HENDERSON FIRE DEPARTMENT TO HENDERSON CHEVROLET GMC OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $71,649.00 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to approve the award of bid for the purchase of a 2024 Chevrolet Tahoe to Henderson Chevrolet GMC of Henderson in the amount of $71,649.00 in strict accordance with its bid as submitted pursuant to Bid Reference 24-17. COMMISSIONER PRUITT expressed appreciation for being able to award this purchase locally. The vote was called.  153 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 66-24: MUNICIPAL ORDER APPROVING NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF HENDERSON, KENTUCKY AND METHODIST HEALTH, INC. D/B/A DEACONESS HENDERSON HOSPITAL FOR THE SPORTS COMPLEX FACILITY BORDERED BY AIRLINE ROAD AND THE AUDUBON PARKWAY; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the Naming Rights Agreement with Deaconess Henderson Hospital for the City’s new sports complex facility. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 67-24: MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE AGREEMENTS RELATED TO THE CITY OF HENDERSON, KENTUCKY EXEMPT FACILITIES REVENUE BONDS (PRATT PAPER (KY), LLC PROJECT), SERIES 2022A AND CITY OF HENDERSON, KENTUCKY EXEMPT FACILITIES REVENUE BONDS (PRATT PAPER (KY), LLC PROJECT), SERIES 2022B MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to approve the First Amendment to the leases between the City and Pratt Paper relating to the Facilities Revenue Bonds Series 2022A and 2022B. MARK FRANKLIN, Dinsmore & Shohl LLP Partner, Bond Counsel, indicated that the leases are part of the two bonds issued by Pratt for land acquisition, buildings, and equipment. At this time, it has been determined that certain equipment and other items need to be re- categorized from the Series B Bonds to the Series A Bonds for tax purposes. The attachments to both leases will be updated and recorded with the County Court Clerk. The City is a party to the leases and will need your approval. This does not affect any bond liability for the City. The vote was called. 154 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: 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 23, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “Sports Complex Airline Road Signage” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the proposed signage previously presented had been updated to include the new Sports Complex facility sponsor branding. This signage will be placed at the entrance on Airline Road and will have a message board on one side away from the neighbors across the street. He indicated that if the Board approved this draft design, it would be readied to go out for bid. DISCUSSION WAS HELD relating to the size and location of the signage so as not to block site for ingress/egress and the brightness of the sign. The sign will include varying brightness settings and a mockup will be placed to ensure no site blockage for safe ingress/egress of the facility. We want to be good neighbors to those that live in the area. All Board members present were in agreement with the design and approved moving forward with readying the design for bid. ________________________  155 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 CITY MANAGER’S REPORT: “Fire Station #1 Update” JOSH DIXON, Fire Chief, reported that the final elevation drawings of the new fire station are ready for review so that one of the two color patterns can be presented to the Gateway Committee for final approval. Pictures of the two designs were reviewed with the majority preferring the Alternative design be readied for presentation to the Gateway Committee for review. Chief Dixon recognized all the hard work that the Project Team consisting of Assistant City Manager Dylan Ward, Division Chief Matt Anderson, and Division Chief Casey Howard has put into this project. When asked about a projected completion date, he indicated 12 to 18 months if everything continues to move at this pace. CITY ATTORNEY’S REPORT: “Mass Foreclosure Update” DAWN KELSEY, City Attorney, reported that five properties go to Master Commissioner Sale tomorrow at 10:30 a.m. This is the third sale in our mass foreclosure this year. Staff has already begun the process of identifying properties for next spring’s foreclosure process. ________________________ CITY ATTORNEY’S REPORT: “Code Enforcement Stop Work Orders” STEVE DAVIS, Code Administrator, reported that a little over a year ago amendments were made to the ordinance relating to stop work orders. Staff requested and this Board was gracious enough to double the fees/fines for stop work orders requiring a building permit. This change has now brought its own set of issues which included a recent incident where a house was torn down without a permit. Since no permit was issued the cost of the permit is zero and double zero is the problem! The recommendation is to amend the verbiage to include stop work order fees/fines where a permit is required. DISCUSSION WAS HELD relating to the amount of the fines and the differences in the fines for commercial vs residential; and whether or not the citation is appealed. Staff was requested to move forward with amending the ordinance and the fine schedules for future consideration. ________________________ 156 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 23, 2024 COMMISSIONER’S REPORT: COMMISSIONER THOMAS reminded everyone that the Sandy Lee Watkins Songfest is this week. ________________________ MAYOR STATON reported that the State of the City, State of the County luncheon will be at One Life Church starting at 11:30 a.m. this Thursday; this Friday is the annual Lunch with the Mayors event at the Evansville Old National Bank Plaza at 11:30 a.m.-Mayors from Evansville, Mt. Vernon, Princeton and Henderson will discuss growing pains and other issues in of the region; and at 2:00 p.m. this Friday there will be a very brief Board of Commissioners special called meeting. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Vowels --- Absent: Commissioner Whitt ------ Aye: Commissioner Thomas --- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:15 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor August 13, 2024 ______________________ Maree Collins, CKMC City Clerk