Board of Commissioners Meetings

180 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 17, 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. There were present Mayor Bradley S. Staton presiding: PRESENT: Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt Commissioner Rodney Thomas Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Dylan Ward, Project Manager Mrs. Holli Blanford, Public Information Officer Ms. Chelsea Mills, Finance Director Mr. Josh Dixon, Fire Chief Mr. Steve Davis, Codes Administrator Ms. Karla Beckgerd, Human Resources Specialist Ms. Jenna Basham, Project Manager Ms. Jessa Brandon, Deputy City Clerk (Incoming City Clerk) Mrs. Donna Madden, Executive Assistant Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator I Mr. Dwight Williams, Commissioner Candidate Mrs. Abby Dixon, Henderson Tourist Commission Executive Director Mrs. Missy Vanderpool, Economic Development Executive Director Mrs. Clay Gillham, Chamber of Commerce President Mrs. Jada Hamby, Chamber of Commerce Event Coordinator Mrs. Kelsey Hargis, Commissioner Candidate Mr. Kevin Herron, Herron Realty Mr. Chip Sutherland, Baird Managing Director Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP (via Zoom Panelist) Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer ________________________ PRESENTATION: “Economic Development Discussion” MISSY VANDERPOOL, Economic Development Executive Director, presented a proposal to contract the services of NextSite, a company that assists with marketing, operations, and management, at $35,000.00 to include: market research, representation at nation-wide trade shows, and marketing meetings with developers with the goal of attracting hotel, grocery, retail, and full-service restaurants to Henderson through utilizing tools such as Alpha Maps, a service which primarily uses cell phone data to track travel patterns, frequently visited locations, and other useful market data. The contract includes a 3-year term, with the option to discontinue at the end of the first year. To pay for the aforementioned services, Economic Development is requesting the allocation of $27,500.00 from the City of Henderson’s Vision Plan Funding and for the Henderson County Fiscal Court to fund the amount for Alpha Maps, which is $7,500.00. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to approve the allocation of $27,500.00 from the Vision Plan Funding to Economic Development for the establishment of a contract with NextSite.  181 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 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: ________________________ MINUTES: September 10, 2024, Regular Meeting MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the Minutes 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 Minutes approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: September 17, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 41-24: SECOND READ ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: September 17, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 42-24: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, LOCATED IN HENDERSON COUNTY ON THE WEST SIDE OF U.S. HIGHWAY 60 W AND BEING A PORTION OF THE ORIGINAL RIGHT-OF-WAY OF HIGHWAY 136 (NOW KNOWN AS DANA DRIVE) AND CONSISTING OF APPROXIMATELY 4.686 ACRES MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. 182 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: September 17, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 43-24: SECOND READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON-HAZARDOUS POSITIONS IN THE ADMINISTRATION DEPARTMENT 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 --- Aye: 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: September 17, 2024 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 44-24: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN BY CREATING THE POSITION OF ASSISTANT UTILITIES BILLING SUPERVISOR MOTION by Commissioner Thomas, 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 first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________  183 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 ORDINANCE NO. 45-24: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE FINANCE DEPARTMENT MOTION by Commissioner Whitt, seconded by Commissioner Thomas, 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 first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 46-24: FIRST READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF ITS CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2024A IN AN APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $12,165,000 (WHICH PRINCIPAL AMOUNT MAY BE INCREASED BY UP TO $1,220,000 OR DECREASED BY ANY AMOUNT), FOR THE PURPOSES OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (I) A FIRE STATION FOR THE HENDERSON FIRE DEPARTMENT, (II) A CONVENTION CENTER, (III) A ROAD CONSTRUCTION PROJECT FOR A RETAIL DEVELOPMENT, AND (IV) A SPORTS PAVILION; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS OF THE CITY TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT OF AND SECURITY FOR THE BONDS; ESTABLISHING A BOND PAYMENT FUND FOR THE BONDS; AFFIRMING THE MAINTENANCE OF THE EXISTING SINKING FUND; AUTHORIZING THE ACCEPTANCE OF THE BID OF THE PURCHASER OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES. 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 --- 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. ________________________ MUNICIPAL ORDER NO. 77-24: MUNICIPAL ORDER APPROVING ADDENDUM TO CONTRACT BETWEEN THE CITY OF HENDERSON AND HERRON AUCTION & REALTY OF HENDERSON, KENTUCKY FOR SERVICES RELATED TO THE SALE OF REAL PROPERTY LOCATED AT 100 FIFTH STREET, AND SPLITTING THE COMMISSION FOR THE SALE WITH THREE PERCENT (3%) PAID BY THE SELLER AND THREE PERCENT (3%) PAID BY 184 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 THE BUYER; AND AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the Addendum to contract between the City of Henderson and Herron Auction & Realty of Henderson, Kentucky. DISCUSSION WAS HELD relating to the reasoning for the inclusion of the right of first refusal in the contract amendment with Herron Realty. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Nay: Commissioner Vowels --- Nay: Commissioner Whitt ------ Nay: Commissioner Thomas --- Nay: Mayor Staton ----- Nay: WHEREUPON, Mayor Staton declared the municipal order DENIED, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: September 17, 2024 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “Called Meeting” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the Called Meeting scheduled 3:00 PM October, 1, 2024 would be in lieu of the October 8, 2024 Regular Meeting. ________________________ CITY MANAGER’S REPORT: “Consultant” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, made recommendation that staff hire a consultant to assist legal, fire, and building codes in the evaluation of an application submitted for a battery storage project located within the City; also suggesting using the City Attorney’s Professional Services budget to pay for the services; and stressing the importance of timeliness as the project is moving forward quickly. An informal poll was taken, and the Board agreed to accept the recommendation of the City Manager hiring a consultant to assist with review of the battery storage project application. ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to KRS 61.810(1)(b) for discussion that may lead to future acquisition of real property located in the vicinity of Powell, Letcher, and Washington Streets. 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. ________________________  185 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on September 17, 2024 MEETING RECONVENED: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, 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 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 4:15 p.m. ___________________________ ATTEST: Bradley S. Staton, Mayor October 1, 2024 ______________________ Maree Collins, CKMC City Clerk