Board of Commissioners Meetings

161 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 13, 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 Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager 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 Mr. Briscoe Edwards, Police Officer Mr. Brian Williams, Public Works Director Mr. Josh Dixon, Fire Chief Ms. Leigh Anne Williams, Purchasing Coordinator Mrs. Kelley VanBussum, Utility Billing Supervisor Ms. Rosa Palmer, Administrative Clerk Mr. Greg Nunn, IT Director Mr. Travis Owens, Assistant IT Director Mrs. Andrea Gibson, Account Technician SR Ms. Martina Aldridge, Occupational Tax Administrator Ms. Kendra Gower, Account Technician SR Mrs. Beth Austin, Account Technician Senior Mr. Mike Austin, Former City Employee Ms. Karla Beckgerd, Human Resources Specialist Mrs. Donna Madden, Executive Assistant Mrs. Theresa Richey, Legal Secretary Mr. Joshua Reyes, Account Representative Ms. Jessa Brandon, Deputy City Clerk (Incoming City Clerk) Mr. Allen Schrecker, Police Officer Mr. Dean Wathen, Firefighter Mr. Ryan Acker, Firefighter Mr. Robert Owens, HWU Utility System Worker Mr. Bart Boles, Henderson Water Utility General Manager Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator I Mr. Brad Bickett, HMP&L General Manager Mr. Randall Redding, HMP&L Attorney Mr. Dwight Williams, Commissioner Candidate Mrs. Abby Dixon, Henderson Tourist Commission Executive Director Mr. Kevin Herron, Herron Realty Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ 162 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 PRESENTATION: “New Employee Recognition” CHELSEA MILLS, Finance Director, introduced JOSHUA REYES, Account Representative. MAREE COLLINS, City Clerk, introduced JESSA BRANDON, Deputy City Clerk (Incoming City Clerk). BOB SCHOULTZ, Deputy Police Chief, introduced ALLEN SCHRECKER, Police Officer. JOSH DIXON, Fire Chief, introduced DEAN WATHEN & RYAN ACKER, Firefighters. BART BOLES, HWU General Manager, introduced ROBERT OWENS, HWU Utility System Worker. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to Human Resources Specialist KARLA BECKGERD for her 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to Assistant Finance Director DAWN WINN for her 20 years of service and dedication to the City of Henderson. ________________________ APPEARANCE OF CITIZENS: VICTOR CARSON, City of Henderson IT Network Administrator I, addressed the Commission to thank everyone for their thoughts and prayers during his daughter’s time of critical illness and on behalf of his dear friend, and former city employee, Johnny Denton. Mr. Carson stated that the City was like a family to him, and he was very thankful to everyone for their efforts and support during a very difficult time in his life. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: July 23, 2024, Regular Meeting July 26, 2024, Special Called Meeting Resolutions and Municipal Orders: Res. 46-24: Resolution Approving Human Resources Report Dated August 13, 2024 Res. 47-24: Resolution Authorizing the Completion and Filing of a Government Resources Accelerating Needed Transformation (GRANT) Program of 2024 Project Application for up to $250,000 in Grant Program of 2024 Funds with the Cabinet for Economic Development (“CED”); Authorizing and Directing the Mayor to Execute any Documents which are Deemed Necessary by CED to Carry out this Project; and Authorizing the Authorized Representative to Act as the  163 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 Authorized Correspondent for this Project; Permitting Review and Execution of All Agreements and Request of All Disbursements Related to the Grant Program of 2024 M.O. 68-24: Municipal Order Approving Appointment of Jenna Basham as Project Manager; and Authorizing Mayor to Execute Employment Agreement on Behalf of City MOTION by Commissioner Vowels, 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: August 13, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 39-24: FIRST READ ORDINANCE RELATING TO CABLE SYSTEM FRANCHISE AN ORDINANCE RELATING TO THE CITY OF HENDERSON, KENTUCKY CREATING A FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A CABLE SYSTEM IN HENDERSON, KENTUCKY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND PROVIDING FOR THE REGULATION AND USE OF SAID SYSTEM MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted authorizing the Franchise Agreement with Spectrum. 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 first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ CITY MANAGER’S REPORT: “Rezoning #1167 with a Revised Development Plan – Merritt Drive & 11th Street (1.672 acres)” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that Planning Commission has acted upon the request for rezoning for the property located on Merritt Drive and 11th Street (PID #1-11-2-5.1), containing approximately 1.672 acres, rezoned from Riverfront Residential (RF-4) to Riverfront Residential (RF-4) with a Revised Development Plan, submitted to amend the development plan originally approved in 2015 which was more dense and had a different layout than the proposed amended development plan, after conducting public hearings and producing findings of fact at the August 6, 2024 meeting. The Zoning Map Amendments shall become final on Wednesday, August 28, 2024 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is August 27, 2024. ________________________ 164 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 CITY MANAGER’S REPORT: “Sale of Property” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the City of Henderson took online bids for the property located at 5th and Water Streets known as the Municipal Power & Light Administrative Office Building. Whereas the highest bid did not meet the Reserve that the Board of Commissioners had previously agreed upon setting for that property, the City Manager’s recommendation was for the Board of Commissioners to give its approval to amend the contract agreement with the realtor who performed the online auction to instead list the property for sale at an agreed upon asking price, in lieu of online auction, and present the amended agreement at the next Board of Commissioners meeting on August 27, 2024. DISCUSSION WAS HELD relating to whether or not the Board of Commissioners supported the recommendation to amend the contract with the realtor to list the building for sale with an asking price, as opposed to another online auction. An informal poll was taken, and the Board agreed to accept the recommendation to list the property via Herron Auction Realty with an asking price and for the amended agreement to return at the next meeting on August 27, 2024. ________________________ CITY MANAGER’S REPORT: “City Manager Retirement and Succession” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that he is ready to begin an official succession plan as City Manager, recommending that the Board of Commissioners work with the HR Department to search within Kentucky and adjoining states who operate closely to our Kentucky City Manager form of Government, to begin searching for a new City Manager. It was recommended that this process begin in late August or early September 2024 to create a schedule to receive, review, and interview potential candidates as well as to decide who will be responsible for screening and interviewing potential candidates. An informal poll was taken, and the Board agreed to accept the recommendation of the City Manager to move forward with the creation of a selection process plan. ________________________ CITY ATTORNEY’S REPORT: “Revised Short-Term Rental Ordinance” DAWN KELSEY, City Attorney, reported that the Short-Term Rental Ordinance previously presented and approved at a Planning Commission Public Hearing, and voted down upon second read at the April 23, 2024 Board of Commissioners meeting has been revised to address the concerns of a citizen who had spoken at the aforementioned second read. The revised ordinance was distributed to the Board of Commissioners for review and will return at the next regularly scheduled meeting of the Board of Commissioners on August 27, 2024. ________________________ COMMISSIONER’S REPORT: COMMISSIONER Pruitt stated that City Employee Victor Carson’s speech during the Appearance of Citizens was representative of the family atmosphere which he had envisioned for the people and the government within the City of Henderson and believes to be what we have achieved. ________________________  165 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 EXECUTIVE SESSION: “Acquisition or Sale of Real Property and Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(b) for discussion that may lead to future sale of real property and future purchase of real property located in the vicinity of Barret Boulevard and I-69; and 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 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 Thomas, seconded by Commissioner Pruitt, 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. ________________________ RESOLUTION NO. 48-24: RESOLUTION AUTHORIZING HENDERSON MUNICIPAL POWER AND LIGHT’S (HMPL’S) GENERAL MANAGER AND MAYOR OF THE CITY OF HENDERSON TO TAKE ANY AND ALL ACTION NECESSARY, INCLUDING THE FILING OF AN APPEAL AND ALL ACTIONS NECESSARY TO PROSECUTE AND PROTECT THE INTERESTS OF HMP&L AND THE CITY OF HENDERSON (CITY) IN THE APPLICATION OF BIG RIVERS ELECTRIC CORP. (BIG RIVERS) FOR A DECLARATORY ORDER FILED WITH THE KENTUCKY PUBLIC SERVICE COMMISSION (COMMISSION) IN CASE NO. 2016- 00278, THE APPLICATION OF BIG RIVERS FOR ENFORCEMENT OF RATE AND SERVICE STANDARDS FILED WITH THE COMMISSION IN CASE NO. 2019-00269, THE CONSOLIDATED APPEALS OF THE COMMISSION ORDERS ENTERED IN THOSE CASES TO THE FRANKLIN CIRCUIT COURT, CIVIL ACTION NOS. 18-CI-00078 AND 21-CI-00667, AND THE APPLICATION OF BIG RIVERS FOR ENFORCEMENT OF COMMISSION ORDER FILED WITH THE COMMISSION IN CASE NO. 2021-00378, INCLUDING THE FILING OF ANY FURTHER APPEALS MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the resolution designating authorized representatives for the City of Henderson and Henderson Municipal Power and Light in above cases and future appeals. 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: 166 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 13, 2024 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: August 27, 2024 Maree Collins, CKMC, City Clerk ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, 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 4:28 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor August 27, 2024 ______________________ Maree Collins, CKMC City Clerk