Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR THURSDAY, NOVEMBER 14, 2024 BEGINNING AT 8:30 A.M. November 12, 2024 Commissioner Nicholas Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt Dear Board Members: Please ·take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a special called meeting of the Board of Commissioners to be held on Thursday, November 14, 2024, at 8:30 a.m. with the primary location for this meeting designated as the third-floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may participate via video teleconference and the meeting will be broadcast to the public. The meeting will be live streamed on the city's website: https://www.hendersonky.gov/CivicMedia; Facebook and Twitter. This meeting will be conducted as a video teleconference meeting as allowed under KRS 61.826. Any interruption in the video or audio broadcast at any location shall result in the suspension of the meeting until the broadcast is restored. The purpose of this meeting is for the following: AGENDA 1. Roll Call 2. Ordinances, Municipal Orders & Resolutions: Second Readings: Ordinance Closing Public Right-of-Way-Roosevelt Avenue and Part of Victory Drive Ordinance Amending Budgeted Positions and Job Classifications of the FY2025 Budget and Appropriations Ordinance - 911 Emergency Communications Please mute or turn off all cell phones for the duration of this meeting. 3. Executive Session: Executive Session pursuant to KRS 61.810(1)(£) for the purpose of discussions which might lead to the appointment of an individual. 4. Adjournment Respectfully, Bradley S. Staton, Mayor A copy of the foregoing notice received and service thereof waived this 14th day of November, 2024. Commissioner Nicholas Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 24-332 November 12, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager ?l-£11(.} SUBJECT: Public Right-of-Way-Roosevelt Avenue and Part of Victory Drive An item for the called meeting agenda of Thursday, November 14, 2024, is final reading of an ordinance closing a public right-of-way located on Roosevelt Avenue, between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue, and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue. The applicant, Eric Obermeier, PS, of Morley Architects-Engineers-Surveyors, on behalf of River City Church, Inc., also known as His Church, has requested closure of approximately 62,164 total square feet of unimproved public right-of-way located on Roosevelt Avenue, between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue, and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue The closure is being sought to allow for consolidation and possible future construction. All adjoining property owners have agreed to the vacation of this public right-of-way. All City utilities have been notified of this pending action and any required utility easements for this closure will be addressed on the consolidation plat. The Henderson City-County Planning Commission, at its meeting of March 5, 2024, recommended approval of the request to vacate this public right-of-way. Your approval of the attached ordinance is requested. c: Brian Bishop Doug Boom Henderson City-County Planning Commission Brian Bishop, Executive Director, AICP 1990 Barret Q. Suite C bbishop@hendersonplanning~ Henderson.KV 42420 270-831-1289 March 6, 2024 Mayor Brad Staton City Commissioners Henderson Municipal Center Henderson, KY 42420 ATTN: Buzzy Newman, City Manager RE: ROW CLOSURE REQUEST Please be advised on Tuesday, March 5, 2024 the Henderson City-County Planning Commission held a Public Hearing to consider the following: Right-of-Way Closure Request - Submitted by Eric Obermeier, PS, of Morley Architects Engineers-Surveyors on behalf of River City Church, Inc., also known as His Church to close an unimproved public roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue in the City of Henderson. The request is for the vacating of approximately 62,164 total square feet of unimproved public roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue. PLANNING COMMISSION RECOMMENDATION- MOTION WAS MADE BY FRANK BOYETT, SECONDED BY X.R. ROYSTER TO RECOMMEND TO THE HENDERSON CITY COMMISSION TO APPROVE THIS RIGHT OF WAY CLOSURE REQUEST. 1 Henderson City-County Planning Commission ~ 1990 Barret Court, Suite C ~ 270-831-1289 www.hendersonplanning.org YES: KEVIN RICHARD, DICKIE JOHNSON, BOBBIE JARRETT, GARY GIBSON, KEVIN HERRON, FRANK BOYETT, HEATHER TOEWS, GRAY HODGE, X.R. ROYSTER, MAC ARNOLD AND STACY DENTON. Attached is a copy of the transcript of the public hearing, and documents related to the Right-Of-Way closing. Respectfully submitted, B~~ Executive Director, AICP Henderson City-County Planning Commission BB/hll Cc: Dawn Kelsey 2 Henderson City-County Planning Commission -1990 Barret Court, Suite C ~270-831-1289 www.hendersonplanning.org  Adm inistrative Memorandum 24-03 January 29, 2024 TO: Brian Bishop, Executive Director Planning Commission FROM: William L. "Buzzy" Newman, Jr. , City Manager MJJ SUBJECT: ROW Closure Request Enclosed for your review is a request of Eric Obermeier, • PS, of Morley Architects- Engineers-Surveyors on behalf of River City Church, Inc., also known as His Church, to close an unimproved public roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue and the south half of Victory Drive located (iirectly north of Roosevelt A venue and south of Poplar Avenue. The request is for the the vacating of approximately 62,164 total square feet of unimproved public roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Ave, and the south half of Victory Drive located directly north of Roosevelt A venue and south of Poplar A venue . Staffs review for the impact on public services and utilities has been completed and is enclosed. Also enclosed is the written description, an original certified survey plat, and a list of abutting property owners. Please start the process and conduct a public hearing before the Planning Commission to consider this request and return with a recommendation to the Board of Commissioners. c: Doug Boom Dawn Kelsey  Vacate Description of Roosevelt Avenue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and North of Washington Street, being more particularly described: Beginning at a found I inch outside diameter pipe at the Southwest comer of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast comer ofLot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215. 77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, l 04 7. 70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obenneier 4214", herein called a capped rebar at the Northwest corner of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line of Rosevelt Avenue at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast comer of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest corner of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest corner of said Lot 44; thence along the Northerly line of Roosevelt A venue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast comer of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt A venue in M. L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest comer of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607 .64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a fow1d 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523" at the Southwest comer of a tract of1and conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248. 71 feet; • thence South 14 def,rrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt Avenue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 111111111111111111111111111 1111g = :: STATE Of KENTUCKY = ----------------·: =: Eric L. : = = ~ : Obermeier : ~ =~ 4214 : = '= ~ "- ---LicENsEo---- _ - 1 ::: PROFESSIONAL :: :: LAND SURVEYOR :: R, I 1111111111 n 11111111111111 iu / Henderson City-County Planning Commission ,-- ienderson March 5, 2024 Regular Meeting Requested Closure City Street * r:~raham Agenda Item: Right-of-W'ay Closure Reqt1est Submitted By: Eric Obermeier, PS, of ;\fodey .Architects Engi.neers-Stu:veyors on behalf of Ri,•eI: City Purpose: To close Roos~•dt Avent1e and Victory Drh,e, ~"-o wumprm•ed public roadways located in the Ci~- of Henderson - KYStateHw,· l:SH""'' N Chm:ch, Inc.. also known as His Church A 0 100 . !OQ Henderson GIS Exhibit with Street Vacate Area  Henderson City-County Planning Commission March 5, 2024 The Henderson City-County Planning Commission held a meeting March 5, 2024 at 6:00 p.m., at the Henderson Municipal Center, 222 First Street, Third Floor Assembly Room, Henderson, Kentucky. Members present: Chairman David Dixon, Vice-Chairman Kevin Richard, Dickie Johnson, Bobbie Jarrett, Gary Gibson, Kevin Herron, Frank Boyett, Heather Toews, Gray Hodge, X.R. Royster, Stacy Denton and Tommy Joe Fridy, Attorney. Mac Arnold was present via ZOOM. Staff present: Director Brian Bishop, Jennifer Marks, Heather Lauderdale, Jessa Brandon and Chris Raymer. Chairman Dixon: The next item on the agenda is a Right of Way Closure request. I think Mr. City Engineer is going to lead this one, Mr. Boom? I need your name, sir. Doug Boom: Doug Boom, 222 First Street. Chairman Dixon: Do you promise to tell the truth, the whole truth and nothing but the truth? Doug Boom: Oh yeah, yes I do. Chairman Dixon: Thank you very much. How can you help us here? Doug Boom: Am is supposed to read this in or ... ? Brian Bishop: I can or you can. Doug Boom: I'll let you. Brian Bishop: This is Submitted by Eric Obermeier, PS, of Morley Architects Engineers-Surveyors on behalf of River City Church, Inc., also known as His Church to close an unimproved public roadway 1 located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue in the City of Henderson. The request is for the vacating of approximately 62,164 total square feet of unimproved public roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue. Doug Boom: Correct. So, this is all unimproved right of way of Roosevelt A venue as well as Victory Drive. Pretty much, it is what it is. They own all the property around it except for a portion that's on the north side closure to Lincoln A venue. Brian Bishop: Mr. Boom, is the shaded area that's on the screen the area that's being vacated? Doug Boom: Correct. Frank Boyett: Have all adjoining property owners been notified? Doug Boom: Yes. Frank Boyett: Okay. Chairman Dixon: So, it's the shaded area, not what's outlined in yellow? Doug Boom: It's the hatched area. Chairman Dixon: Okay. Where is Victory Drive? Doug Boom: Victory Drive used to actually run up to Poplar Drive but that section was closed years ago. Chairman Dixon: Okay. Brian Bishop: So, at this point there is no improved road there? Doug Boom: There is no improvements at all. 2 Chairman Dixon: It's a big, open field. Doug Boom: That's right. Kevin Richard: So, Mr. Boom to clarify your statement so, the lot on that picture to the south, the large lot south of the shaded area, that is owned by the requesters? Doug Boom: Correct. The area's that are outlined. I think there is one section that is not and that would be the section to the north that is not highlighted, that is owned by an adjoining property owner. Frank Boyett: So, are they planning to consolidate these properties? Doug Boom: I would assume the church is planning to consolidate their lots, yes. Chairman Dixon: So, if this closure request is approved then the ownership of this property goes to the church? Doug Boom: Correct. Half of Roosevelt towards the end of Lincoln will be split between the two, the adjoining property owner and the church and all the other stuff will become part of the church. Chairman Dixon: Okay. Any other questions from the commission? Brian Bishop: Mr. Chairman, I would like to remind the commission that we are recommending to the Board of Commissioners in this as well. Chairman Dixon: Okay, this goes to the City Commission for a final determination. Brian Bishop: Yes sir. Gray Hodge: So, the church is on the lot outside of Roosevelt? Doug Boom: The church has these lots over here? Gray Hodge: What's the building on the lot south of Roosevelt? Is that a building? 3 Doug Boom: Yes. Gray Hodge: What is that? Doug Boom: I have no idea, it looks like a tent. Gray Hodge: They don't need access to it? Brian Bishop: I think it's a revival tent. Doug Boom: A revival tent. Brian Bishop: It was caught through the aerial photograph. Gray Hodge: Okay. Gary Gibson: The new 1-69, will that have any interference with that? Doug Boom: No, not that I know of. John Tatum: My name is John Tatum and I represent His Church, I'm the pastor there. Chairman Dixon: Your address sir? John Tatum: 173 Kentucky 2084 South. Chairman Dixon: And do you promise to tell the truth, the whole truth and nothing but the truth? John Tatum: Yes sir. Chairman Dixon: Thank you, thanks for helping us. John Tatum: Yes. This spot, what you see right there, that is a tent that we put up for Easter a few years ago and Google Maps just happened to update their map while we had it up. So, it is no longer there, we just had it up, the city let us put it up for just that service and it's been removed since then. Chairman Dixon: What do you have planned for this very large piece of property? 4 John Tatum: Well, some of it is in the floodway, some of it's in the floodplain. So, I mean there is that to deal with but I mean our ultimate goal is to build. Our location we have now, which was formerly Gospel Light, they dissolved and gave us the building because we were a church that had no home so it all worked out perfect but we've outgrown this space now. So, our ultimate goal is to build right where this roadway is. This piece of purple property right there that is splitting our yellow one right there, Henry Sawyer owns that and the hash marks go between that. So, it actually goes right up to the property that he's already built there. So, I mean, it probably should have been brought to the attention of the commission long before this. We just happened to get the property surveyed when we had the property turned over to us and we found it all and felt like it was a good idea to bring it up. Building is our ultimate goal and we thought that it would be better to bring it to the attention now than to build on it and have to deal with it then. Chairman Dixon: Well, you 're probably correct. Thank you very much. Any questions for either of these gentlemen from the commission? Okay, thank you sir. Do we have anybody in the audience that would like to speak in favor of this right of way closure request? Anyone else like to speak in favor? Yes sir, your name? Jim Morley, Jr.: Jim Morley, Jr., 4800 Rosebud Lane, Newburgh, Indiana. Chairman Dixon: Do you promise to tell the truth, the whole truth and nothing but the truth? Jim Morley, Jr: I do. Chairman Dixon: Good. Jim Morley, Jr: I'm the project engineer for it, I can answer any questions but I think the pastor answered most of it. By vacating the 5 right of way it will free up that area to be built for a church. Right now it kind of bisects the area and prevents them from expanding upon it. Chairman Dixon: Will there be access over to the west? Jim Morley, Jr: I will give you ... Chairman Dixon: I'm just curious. Brian Bishop: Mr. Chaiman you mean to Lincoln? Chairman Dixon: Yes. I think that's probably the lower part of the lot too, is it not? Jim Morley, Jr: I'm passing out kind of a (inaudible- was away from the microphone while distributing Exhibit A) (Jim Morley, Jr introduced Exhibit A, containing three (3) maps and a Boundary Survey for Street Vacate) Chairman Dixon: I can see the tent better, nice red and white striped. Jim Morley, Jr: So, hopefully this may help and you can see on there the green is on the second or third page back, you can see where the green kind of bisects that and that is the right of way that's being request to vacate on. You can see there is obviously nothing in that right of way. The church has a great problem, it's growing and this allows them to expand in an area in which their congregation is already used to going to that area and so it's a good fit for them. The way a vacation works on the areas in which it adjoins somebody, like that they don't own, then that person gets half of it. If the church owns on both sides of it, they get both halves. If they own on one side and not on the other then they get the half next to them, that's how that works. Chairman Dixon: Okay, thank you. 6 Kevin Richard: I think the question, if I understood the question right so, currently the only access to this church is through 2084. So, I guess the question would be if another church site was developed here, would any of the parking or access link to the Lincoln Avenue side? Jim Morley, Jr: Legally I believe it could but we're not that far into it yet to say yes it would or no it wouldn't. Kevin Richard: I think that's what the question ... Brian Bishop: It would have access. Kevin Richard: It would have access that could be developed if it so required or so needed. Jim Morley, Jr: We're just not that far into it. Kevin Richard: Okay. Chairman Dixon: Any other questions for this gentleman from the commission? Thank you, sir. Is there anyone else here this evening that would like to speak in favor of this right of way closure? Do we have anyone in the audience that might have a question about it or another view of things? Nothing from anybody? If there are no further questions, I'll entertain a motion in regard to this proposed right of way closure request. MOTION WAS MADE BY FRANK BOYETT, SECONDED BY XR. ROYSTER TO RECOMMEND TO THE HENDERSON CITY COMMISSION TO APPROVE THIS RIGHT OF WAY CLOSURE REQUEST. Chairman Dixon: We've got a motion and a second, any further discussion? Madame Secretary, please call the roll. YES: ALL Chairman Dixon: Okay, the motion passes. 7  ORDINANCE NO. 53-24 ORDINANCE VACATING PUBLIC RIGHT-OF-WAY -- ROOSEVELT AVENUE SUMMARY: AN ORDINANCE CLOSING UNIMPROVED PUBLIC RIGHT-OF- WAY WHICH IS APPROXIMATELY 62,164 TOTAL SQUARE FEET LOCATED IN THE CITY OF HENDERSON AND LOCATED ON ROOSEVELT AVENUE BETWEEN HWY 2084 (FORMERLY KNOWN AS HWY 41) AND LINCOLN AVENUE, AND THE SOUTH HALF OF VICTORY DRIVE LOCATED DIRECTLY NORTH OF ROOSEVELT AVENUE AND SOUTH OF POPLAR AVENUE WHEREAS, Eric Obermeier, PS, of Morley Architects Engineers-Surveyors on behalf of River City Church, Inc. also known as His Church, has petitioned for the closing of a certain public right-of-way which is approximately 62,164 total square feet of unimproved roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue, and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue, and more specifically described by the certified legal written description marked Exhibit "A", and further depicted on the GIS drawing marked as Exhibit "B", both of which are attached hereto and made a part hereof by reference; and WHEREAS, it appears that the best interest of the residents of Henderson, Kentucky would be served by the closing of said public right-of-way; and WHEREAS, it appears that the closing of said right-of-way would enhance the value of the property affected thereby and would not create a hardship on any of the adjoining property owners or other persons with any interest therein; and WHEREAS, the Henderson City-County Planning Commission held a public hearing on Tuesday, March 5, 2024, to consider the right-of-way closure request submitted by Eric Obermeier, PS, of Morley Architects Engineers-Surveyors on behalf of River City Church, Inc. also known as His Church, for the public right-of-way which is approximately 62,164 total square feet of unimproved roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue, and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue, and voted to approve this right-of-way closure; and WHEREAS, under KRS 82.405(2), the Board of Commissioners of the City of Henderson, Kentucky, makes the following findings of fact: (a) that the identity of all property owners in or abutting the above referred to public right-of-way or portions thereof to be closed has been made; and (b) that the requirement contained in KRS 82.405 (2) (b) that written notice of the proposed closing has been given t_o all property owners in or abutting the public right-of-way or any portion thereof being closed; and PUBLICATION DA TE: FIRST READ: 11/12/2024 SECOND READ: 11/14/2024 ORDINANCE NO. 53-24  ORDINANCE NO. 53-24 CONT.) (c) that River City Church, Inc., DBA HIS Church, P.O. Box 462, Owensboro, KY 42302; Henry 0. Sawyer, P.O. Box 1547, Henderson, KY 42419; Samuel Raymond Slaughter and Lisa Kaye Slaughter, 10152 St. Rt. 136 E, Henderson, KY 42420; Steven Shelton & Stacey Shelton Est., 2006 Poplar Avenue, Henderson, KY 42420; and Lester E. Adkins, 5606 Corydon Greenlick Road, Corydon, KY 42406, are the owners of properties adjoining the public way or portion thereof being closed and have given their written notarized consents to the closing, and a notarized copy of such consents which contain a description of the public way to be closed are attached hereto and made a part hereof, collectively marked Exhibit "C". NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that under the provisions of KRS 82.405, as amended, relating to the closing of public ways, the right-of-way which is approximately 62,164 total square feet of unimproved roadway located on Roosevelt Avenue between Hwy 2084 (formerly known as Hwy 41) and Lincoln Avenue, and the south half of Victory Drive located directly north of Roosevelt Avenue and south of Poplar Avenue, and more specifically described by the certified legal written description marked Exhibit "A", and further depicted on the GIS drawing marked as Exhibit "B", both of which are attached hereto and made a part hereof by reference, is hereby closed. On first reading of the foregoing ordinance, it was moved by Commissioner Thomas , seconded by Commissioner Whitt , that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Whitt: AYE Commissioner Pruitt: AYE Commissioner Vowels: AYE Mayor Staton: AYE Commissioner Thomas: AYE WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner - - ~ seconded by Commissioner - - ~ that the ordinance be adopted. WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Whitt: Commissioner Pruitt: Commissioner Vowels: Mayor Staton: Commissioner Thomas: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: - - - - - - - - - - - 2 ORDINANCE NO. 53-24  ORDINANCE NO. 53-24 CONT.) ATTEST: Maree Collins, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS 4TH DAY OF NOVEMBER 2024. By:---------- Dawn Kelsey City Attorney 3 ORDINANCE NO. 53-24  Vacate Description of Roosevelt Avenue and part of Victon ' Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln A venue, and North of Washington Street, being more particularly described: Beginning at a found l inch outside diameter pipe at the Southwest comer of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast corner of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215. 77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, l 047.70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obenneier 4214", herein called a capped rebar at the Northwest corner of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line of Rosevelt A venue at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11 , page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast corner of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest corner of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest comer of said Lot 44; thence along the Northerly line of Roosevelt A venue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast corner of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln A venue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest comer of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a fow1d 5/8 inch iron pin with cap stamped Exhibit "A" "D.E. Branson PLS #2 523" at the Southwest corner of a tract ofland conveyed to Sam uel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11 , page 172 both in said Clerk' s office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248 .71 feet ; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt Avenue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 25 7.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. I.I 111111111 III1 1111111 1111 II I 11g = =- - -- - -- -- -- - - - --·! == ST.I\TE OF KENTUCKY ~ \ o ; ; ~~ -ier \ ~ =: 421 4 : = - 1 f - ~ '- ---LicEi-isEo --- :: PROFESSIONAL :: := LANO SURVEYOR :: 0 1111111 111I ! l 1I II IIIII II I III IIJ 1 Henderson City-County Planning Commission H~derson March 5, 2024 Regular Meeting D Requested Closure =- ;: Citt Street ::'.'. cB * i:~raham Agenda Item: Right-of-\"l:'ay Closure lkquest Submitted By: Eric Obermeier, PS, of ;\fodey .Architects Engi.neers-SttrYeyors on behalf of RiYer City Purpose: To close Roosc:Ydt AYenue and Victon- Dri,,e, two wlllTip.co,•ed public roadw·ays located in the City of Henderson - KYSt,teHwy US Htt•y N A ~ Church, Inc.. also known as His Church 0 100 100 tt  CONSENT TO RIGHT-OF WAY CLOSING STATEOF keo+-uc...ky COUNTY OF hle/\derson . COMES the undersigned, River City Church, Inc., DBA HIS Church, PO Box 462, Owensboro, KY 42302, after being duly sworn, state that they are the owners of a portion of property abutting a public right-of-way as shown on the plat attached hereto, and as said owner does hereby consent in writing to the right-of-way closing and retained easement of said properties as described as follows, and attachments to-wit: Vacate Description of Roosevelt Avenue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and North of Washington Street, being more particularly described: Beginning at a found 1 inch outside diameter pipe at the Southwest corner of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast corner of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215. 77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, 1047.70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obermeier 4214", herein called a capped rebar at the Northwest corner of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branon PLS #2523", on the Northerly line ofRosevelt Avenue at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast corner of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest comer of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest corner of said Lot 44; 1 Exhibit "C" thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast comer of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest comer of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branon PLS #2523" at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248.71 feet; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt Avenue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 2  As abutting property owner, River City Church, Inc., OBA HIS Church has been given written notice of the proposed closing, and hereby gives written notarized consent to the closing of the above-described public right-of-way in accordance with KRS 82.405, as amended. Print Name .----: _srGNED, ACKNOWLEDGED AND SWORN to before me by v o\'IA. \ cs. ~w-. duly authorized member of River City Church, Inc., DBA HIS Church, for and on behalf of said church this ~ day of M" ,t <-½... , 2024 My commission expires 3- I ~ ~"),{, - - - -~---~~-- 44- ~ Notary Public Serial Number, if any (Seal) 3  CONSENT TO RIGHT-OF WAY CLOSING sTATE oF Kentucl 1 COUNTY oF lkncl-f'r;so n COMES the undersigned, Henry 0. Sawyer, P.O. Box 1547, Henderson, KY 42419, after being duly sworn, state that they are the owners of a portion of property abutting a public right-of-way as shown on the plat attached hereto, and as said owner does hereby consent in writing to the right-of-way closing and retained easement of said properties as described as follows, and attachments to-wit: Vacate Description of Roosevelt Avenue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and , North of Washington Street, being more particularly described: Beginning at a found 1 inch outside diameter pipe at the Southwest comer of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast comer of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215.77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, 1047.70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obermeier 4214", herein called a capped rebar at the Northwest comer of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line of Rosevelt Avenue at the Southwest comer of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199. 93 feet to the Northeast corner of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest comer of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest comer of said Lot 44; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast corner of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest corner of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523" at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248. 71 feet; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt A venue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 2  As abutting property owner, Henry 0. Sawyer has been given written notice of the proposed closing, and hereby gives written notarized consent to the closing of the above- described public right-of-way in accordance with KRS 82.405, as amended. / ,- ~f /JI Y µ--1~1141-v~-PC .J/4t112y tJ ~-Srz~.,~~- 7 Henry O / sawyer Print Name SIGNED, ACKNOWLEDGED AND SWORN to before me by Henry 0. Sawyer Adkins this c1- .2 day of ,4p,:d.'L , 2024 l 1 My commission expires I 11 /~Dl ({, TKickit J; N.iJL't Notary Public ~V t\\'P'K40O1 Serial Number, if any 3  CONSENT TO RIGHT-OF WAY CLOSING STATE OF Kf'n:kJ-ck'f coUNTY oF Hend~V\ COMES the undersigned, Samuel Raymond Slaughter and Lisa Kaye Slaughter, 10152 St Rt 136 E, Henderson, Kentucky 42420, after being duly sworn, state that they are the owners of a portion of property abutting a public right-of-way as shown on the plat attached hereto, and as said owners do hereby consent in writing to the right-of-way closing and retained easement of said properties as described as follows, and attachments to-wit: Vacate Description of Roosevelt Avenue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and N01ih of Washington Street, being more particularly described: Beginning at a found 1 inch outside diameter pipe at the Southwest corner of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast comer of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215.77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, I 04 7. 70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obermeier 4214", herein called a capped rebar at the Northwest comer of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line ofRosevelt Avenue at the Southwest comer of a tract ofland conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast comer of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest comer of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest corner of said Lot 44; thence along the Northerly line of Roosevelt A venue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast comer of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 13 8, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest comer of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523" at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248.71 feet; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt Avenue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 2  As abutting property owners, Samuel Raymond Slaughter and Lisa Kaye Slaughter have been given written notice of the proposed closing and retained easement, and hereby gives written notarized consent to the closing of the above-described public right-of-way in accordance with KRS 82.405, as amended. S8'fAtJl§L-R:SlJ\~~,+-rc:-J~ Print Name J  Serial Number, if any (Seal) t n.Jl'\ SIGNELCKNOWLEDGED AND SWORN to before me by Lisa Kaye Slaughter this~ day of 9rtd 2024, My commission expires I Ii·11 ZO l <i JYld cwJ t. /). "\al w( Notary Public (_; KYSerial f\! :P g41on 1 Number, if any 4  CONSENT TO RIGHT-OF WAY CLOSING STATE oF Ken~J-L.lL~ i; ! COUNTY OF \\-ro),-e(SOY\ COMES the undersigned, Steven Shelton, 2006 Poplar Avenue, Henderson, Kentucky 42420, after being duly sworn, state that they are the owners of a portion of property abutting a public right-of-way as shown on the plat attached hereto, and as said owners do hereby consent in writing to the right-of-way closing and retained easement of said properties as described as follows, and attachments to-wit: Vacate Description of Roosevelt A venue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and North of Washington Street, being more particularly described: Beginning at a found 1 inch outside diameter pipe at the Southwest corner of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast comer of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215.77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, 1047. 70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obermeier 4214", herein called a capped rebar at the Northwest corner of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line of Rosevelt Avenue at the Southwest corner of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast coTI1er of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest corner of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest corner of said Lot 44; 1 thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 399. 82 feet to a capped rebar the Southeast corner of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest corner of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50.75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523" at the Southwest corner of a tract ofland conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248.71 feet; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt A venue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 2  As abutting property owners, Steven & Staeey Shelton have been given written notice of the proposed closing and retained easement, and hereby gives written notarized consent to the - closing of the above-described public right-of-way in accordance with KRS 82.405, as amended. ~~6r./C ~/-loL-fp;} Steven Shelton Print Name NED, ACKNOWLEDGED AND SW N to before me by Stacey Shelton this _ _ day o f _ ~ - - - - - -·' 2024 Notary Public (Seal) 3  CONSENT TO RIGHT-OF WAY CLOSING STATE OF \/ l\-eJt\'1LUJi.{L'f ' ·"L ' coUNTY oF \l-t:-nderso n COMES the undersigned, Lester E. Adkins, 5606 Corydon Greenlick Road, Corydon, KY 42406, after being duly sworn, state that they are the owners of a portion of property abutting a public right-of-way as shown on the plat attached hereto, and as said owner does hereby consent in writing to the right-of-way closing and retained easement of said properties as described as follows, and attachments to-wit: Vacate Description of Roosevelt Avenue and part of Victory Drive Being Roosevelt Avenue and part of Victory Drive in M.L Cooper Subdivision, as per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located in the City of Henderson, between Highway 2084 and Lincoln Avenue, and North of Washington Street, being more particularly described: Beginning at a found 1 inch outside diameter pipe at the Southwest comer of Roosevelt Avenue and Kentucky Highway 2084 (Old US Highway 41 East), being the Northeast comer of Lot 22 in said M.L. Cooper Subdivision, having a Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829351.50, East 4396215. 77; thence along the Southerly line of Roosevelt Avenue, North 75 degrees 50 minutes 56 seconds West, bearings based upon said State Plane Coordinates, 104 7. 70 feet to a previously set 5/8 inch rebar with plastic cap stamped "Obermeier 4214", herein called a capped rebar at the Northwest comer of Lot 87 in said Subdivision; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523", on the Northerly line of Rosevelt Avenue at the Southwest comer of a tract of land conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 589.18 feet to a capped rebar at the Southeast comer of Lot 42 in said M. L. Cooper's Subdivision; thence along the Westerly line of Victory Drive, North 14 degrees 00 minutes 25 seconds East 199.93 feet to the Northeast comer of said Lot 42; thence South 75 degrees 50 minutes 02 seconds East 50.00 feet to a capped rebar at the Northwest corner of Lot 44 in said M. L. Cooper Subdivision; thence along the Easterly line of Victory Drive, South 14 degrees 00 minutes 25 seconds West, passing a capped rebar at 4.00 feet, for a total distance of 199.91 feet to at capped rebar at the Southwest comer of said Lot 44; thence along the Northerly line of Roosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 399.82 feet to a capped rebar the Southeast comer of Lot 48 in said M. L. Cooper Subdivision; thence along the Westerly line of said Highway 2084, South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the place of beginning; containing 1.43 acres (62,164 square feet) Part of the above described area is retained as an easement for Public Utilities and Drainage as described: Part of the West end of Roosevelt Avenue in M.L Cooper Subdivision, per plat thereof, recorded in Deed Book 138, Page 172, in the Office of the Clerk of Henderson County, Kentucky, located East of Lincoln Avenue and North of Washington Street, being more particularly described: Beginning on the Easterly line of Lincoln Avenue at the Northwest comer of Lot 87 in said M.L. Cooper Subdivision, having Kentucky Single Zone State Plane Coordinate, NAD83 of North 3829607.64, East 4395199.87; thence along the Easterly line of Lincoln Avenue, North 24 degrees 00 minutes 58 seconds East, 50. 75 feet to a found 5/8 inch iron pin with cap stamped "D.E. Branson PLS #2523" at the Southwest comer of a tract ofland conveyed to Samuel Raymond Slaughter and Lisa Kaye Slaughter in Deed Book 659, page 80, as shown on a Consolidation Plat, recorded in Plat Book 11, page 172 both in said Clerk's office; thence along the Northerly line of said Rosevelt Avenue, South 75 degrees 50 minutes 56 seconds East, 248.71 feet; thence South 14 degrees 09 minutes 04 seconds West, 50.00 feet to the Southerly line of said Roosevelt Avenue; thence along said Southerly line, North 75 degrees 50 minutes 56 seconds West 257.40 feet to the place of beginning; containing 0.29 acres (12,653 square feet). Subject to easements, agreements, right of ways and restrictions. This description is based on a survey by Eric L. Obermeier, Kentucky Land Surveyor License Number 4214, being Morley Job Number 11643, completed on January 8, 2024. 2  As abutting property owner, Lester E. Adkins has been given written notice of the proposed closing, and hereby gives written notarized consent to the closing of the above- described public right-of-way in accordance with KRS 82.405, as amended. ~ -·· bf'S~x $?IL'.fd5 'LeserE.Akms Print Name n ...\h SIGNED, ACKNOWLEDGED AND SWORN to before me by Lester E. Adkins this d?5 day of ()cfube.r- , 2024 -- l My commission expires I I r-1 tiu.A[S \ ! r•" ' ,.n Ii Q r-' !j avu ()Wi. ,.o N ciJJ v5 1 Notary Public • K..~ NP $.S 4& r;-·r (Seal) 3  City Commission Memorandum 24-333 November 12, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager M.J....} SUBJECT: Amendment to Budgeted Positions and Job Classifications for Fiscal Year 2025 An item for the called meeting on Thursday, November 14, 2024, is final reading of an ordinance approving amendment to Budgeted Positions and Job Classifications for certain non-hazardous duty positions in the 911 Emergency Communications Department for Fiscal Year 2025. It is recommended to amend the Budgeted Positions and Job Classifications to allow for one over-hire for the communications officer position for the 911 Emergency Communications Department. This request is due to the length of time required to train communications officers. See Human Resources Memo Number 24-57 attached hereto. Your approval of the attached ordinance is requested. c: Megan McElfresh Jordan Webb  Human Resources Memorandum 24-57 November 1, 2024 TO: William L. "Buzzy" Newman Jr., City Manager FROM: Megan McElfresh, Human Resources Director SUBJECT: Communications Officer Over-hire The Emergency Communications Division is requesting authorization to over-hire communications officer by one (1). This request is due to the length of time required to train communications officers. Human Resources recommends this request be approved. Megan McElfresh Attachment  ORDINANCE NO. 54-24 ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET SUMMARY: ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON-HAZARDOUS POSITIONS IN THE 911 EMERGENCY COMMUNICATIONS DEPARTMENT WHEREAS, Ordinance No. 27-24, adopted the City of Henderson 2024-2025 Budget and Appropriation ordinance effective July 1, 2024; and WHEREAS, Ordinance No. 36-24, amended the City of Henderson Budgeted Positions and Job Classifications of the 2024-2025 Budget and Appropriation for certain non- hazardous positions in the Parks and Recreation; and WHEREAS, Ordinance No. 43-24, amended the City of Henderson Budgeted Positions and Job Classifications of the 2024-2025 Budget and Appropriation for certain non- hazardous positions in the Administration Department; and WHEREAS, Ordinance No. 45-24, amended the City of Henderson Budgeted Positions and Job Classifications of the 2024-2025 Budget and Appropriation for certain non- hazardous positions in the Finance Department; and WHEREAS, Ordinance No. 52-24, amended the City of Henderson Budgeted Positions and Job Classifications of the 2024-2025 Budget and Appropriation for certain non- hazardous positions in the Finance Department; and WHEREAS, the City Manager recommends amending the City of Henderson Budgeted Positions and Job Classifications for certain non-hazardous positions in the 911 Emergency Communications Department as described in the attached amended budget pages. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky that the Budgeted Positions and Job Classifications of the 2024-2025 City of Henderson Budget is hereby amended to allow for one (1) over-hire for the communications officer position for the 911 Emergency Communications Department as shown on the amended budget pages, which are attached hereto and marked as Exhibit "A". All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. The ordinance shall become effective upon legal adoption. PUBLICATION DATE: FIRST READ: 11/12/2024 SECOND READ: 11/14/2024 ORDINANCE NO. 54-24  ORDINANCE NO. 54-24 CONT.) On first reading of the foregoing ordinance, it was moved by Commissioner Pruitt , seconded by Commissioner Vowels , that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Whitt: AYE Commissioner Pruitt: AYE Commissioner Vowels: AYE Mayor Staton: AYE Commissioner Thomas: AYE WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner - - ~ seconded by Commissioner - - ~ that the ordinance be adopted. WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Whitt: Commissioner Pruitt: Commissioner Vowels: Mayor Staton: Commissioner Thomas: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Maree Collins, CK.MC City Clerk APPROVED AS TO FORM AND LEGALITY THIS 4™ DAY OF NOVEMBER 2024. By:------------ Dawn Kelsey City Attorney 2 ORDINANCE NO. 54-24