Board of Commissioners Meetings

33 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 11, 2025, 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 Kelsey Hargis Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Mr. Dylan Ward, Assistant City Manager Mrs. Donna Madden, Executive Assistant Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Ms. Dawn Winn, Assistant Finance Director Mr. Josh Dixon, Fire Chief Mr. Casey Howard, Fire Division Chief of Training Mr. Trace Stevens, Parks & Recreation Director Mr. Chris Stachewicz, Parks & Recreation Superintendent Mr. Robert “Bob” Shoultz, Deputy Police Chief Mr. Brian Williams, Public Works Director Mr. Steve Davis, Codes Administrator Ms. Megan McElfresh, Human Resources Director Ms. Jenna Basham, Project Manager Ms. Jeannie Quattrocchi, Project Coordinator Mr. Tim Clayton, Gas System Director Mr. Marcus McClure, Crew Worker Mr. Johnnie Williams, Crew Worker Mr. Tony Baughn, Grounds Maintenance Worker I Mr. Victor Carson, IT Network Administrator I Mr. Devin Elder, IT Network Administrator II Mr. Bart Boles, HWU, General Manager Mr. Kevin Roberts, HWU, Director of Operations Mr. Todd Bowley, HWU, Chief Financial Officer Mr. Tim Fishbeck, HWU, IT & Automation Manager Mr. Matt Calvert, HWU, Chief Engineer Ms. Susan Bryant, HWU, Purchasing Manager Ms. Deniese Jones, HWU, Administrative Assistant Ms. Annette Brewster, HWU, Secretary Mr. George F. Jones, Henderson Water & Sewer Commission Ms. Brenna Caudill, Henderson Water & Sewer Commission Mr. Eric Shappell, Henderson Water & Sewer Commission, Attorney Mr. Jacob Shah, HWU, IT Systems Administration Mr. Charles Johnson, Human Rights Commission, Executive Director Mr. Brian Bishop, Planning Commission, Executive Director Mrs. Abby Dixon, Henderson Tourist Commission, Executive Director Ms. Clay Gillham, Henderson Chamber of Commerce, President Ms. Carrie Gentry, RRCH, Director of Addiction and Overdose Awareness Ms. Kacee Campbell, AKZ, Executive Director Mr. Ron Alexander, AKZ, Board of Directors Mr. Jeff Jackson, AKZ, Board of Directors Mr. Chad Thompson, Henderson County Schools 34 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 Mr. Jim Davis, Independence Bank, President Henderson County Mr. William Durham Mr. Jay Randolph Ms. Kristie Randolph Ms. Amy Gardner Ms. Debra Wilson Mr. Dwight Williams Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. Briscoe Edwards, Police Officer News Station Representatives ______________________ PRESENTATION: “New Employee Recognition” BRIAN WILLIAMS, Public Works Director, introduced JOHNNIE WILLIAMS, Crew Worker & MARCUS MCCLURE, Crew Worker. TRACE STEVENS, Parks & Recreation Director, introduced TONY BAUGHN, Grounds Maintenance Worker I. BART BOLES, HWU General Manager, introduced JACOB SHAH, Henderson Water Utility IT Systems Administration. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATION: "Stop (Stop the Overdose Project)" CARRIE GENTRY, Director of the STOP project as well as Manager of the Recovery Resource Club, introduced herself and reported that this is her year mark in the position. She reported that the Drive To Recovery Raffle, made possible by Larry Bennett and the local community contributors, raised over $282,000.00. She reported that whereas in 2023, addiction awareness education had reached 200 middle school-aged students at South Middle School; in the year 2025, that number doubled, with the additions of North Middle School and Holy Name. She further reported on partnerships established with the Henderson County High School and Central Academy, which enabled them to reach an additional 220 high school-aged students to raise awareness. She also announced a partnership established with Pittsburg Tank & Tower, which during the month of December, was given 144 doses of Narcan to carry into the field for employee safety in the month of December. Similar partnerships are expected with Gibbs and Accuride. She continued to announce a partnership with the University of Kentucky, gained with the intent to track progress from these educational ventures, utilizing pre and post surveys regarding their seminars. COMMISSIONER WHITT indicated appreciation for her dedication to educating our community. MAYOR STATON indicated that he appreciates having someone like her in the community to focus attention on education and the resources available, stating that it has been an excellent use of the opioid funding. ________________________  35 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 PRESENTATION: "AKZ Funding Re-Allocation Request” KACEE CAMPBELL, Executive Director of Audubon Kids Zone, presented a proposal to re-allocate $25,000.00 in funding previously assigned to a reimbursement program for exterior home improvements, a project proposed by the Inner City Improvement Program’s Affordable Housing Committee, to action projects over a two-year span in the Inner City. She reported that whereas she believed many families within the Inner City would struggle to front the funds for the reimbursement program, the proposed action projects would be more beneficial and impactful for the community. She referenced a similar program AKZ oversaw in 2022, during which 7 action projects were completed to include: a mural in the AKZ parking lot, seeding at the Audubon Apartments, swing cushions for residents, alleyway clean up, and other projects. ________________________ PRESENTATION: "Fire Science Pathway Program for HCHS Students” JOSH DIXON, Fire Chief, reported that one of his main goals as Fire Chief is to bridge the gap between the fire department and the school system, and provide students with opportunities for emergency services careers. He further reported on the growing need for recruitment, as staffing continues to be a challenge for both paid and volunteer fire departments. Mr. Dixon informed the Commission that he had participated in several meetings with the school system leadership, where mutual benefits were discussed, including: for the fire department, staffing and keeping operations local; and for the school, providing career opportunities to students. CASEY HOWARD, Fire Division Chief of Training, reinforced the need for staffing, utilizing a PowerPoint presentation, which demonstrated a decline in applications to fire service careers, a drop in the number of volunteer firefighters, and significant increases in population and fire department run volume. The presentation continued with the average age of firefighters, illustrating that many would be retiring within an estimated 10-year time frame, and displaying a wide range of career opportunities for future generations. To fill the growing need for staffing and recruitment, Mr. Howard suggested community partnerships, such as with the Henderson County High School’s Career and Technical Unit, which presently enables students to earn industry certifications and licenses, postsecondary certificates, associate degrees, bachelor’s degrees, and higher. A section of the presentation showed all of the current programs available to students through the CTE Unit, participation rates, and a list of the benefits provided to students upon the implementation of the proposed Fire Science Pathway. JOSH DIXON, Fire Chief, announced that this program could be implemented for two years at virtually no cost, as the school system has indicated its willingness to fund the curriculum. Funding for the program for future dates would be presented to the commission as it became necessary; at which time, there would be more statistical data to support the need for the program. CHAD THOMPSON, Henderson County Schools, informed the commission that the school staff, after meetings with the fire department leadership, had begun recruiting students for the Fire Science Pathway, and attempting to enroll some of the upperclassmen. JOSH DIXON, Fire Chief, presented some ideas for future funding and operations of the program, after the first two years. He reported that the County had already indicated its support of the program and asked for the Commission’s support also. THE BOARD OF COMMISSIONERS indicated its support of the Fire Science Pathway. ________________________ 36 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: January 21, 2025, Called Work Session/Goal Planning Retreat January 28, 2025, Regular Meeting Resolutions and Municipal Orders: Res. 13-25: Resolution Approving Human Resources Report Dated February 11, 2025 M.O. 14-25: Municipal Order Acknowledging Submittal Of Rebuilding American Infrastructure With Sustainability And Equity (RAISE) Grant Application To The United States Department Of Transportation (USDOT), Acceptance Of Grant Funds If Awarded, And Authorizing The Mayor To Execute All Necessary Documents MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: February 11, 2025 Jessa Brandon, City Clerk________________________ RESOLUTION NO. 14-25: RESOLUTION AFFIRMING PLAN FOR AUTOMATIC TWELVE (12) MONTH PAYMENT PLAN TO RECOVER UNPAID AMOUNTS FOR WATER AND SEWER USAGE FROM THE SOFTWARE PROGRAMMING ISSUE ON WATER METERS AND AUTHORIZING A MATCHING $25,000 CONTRIBUTION TO A FUND TO BE ESTABLISHED FOR HWU UTILITY ASSISTANCE MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to affirm a plan for automatic twelve (12) month payment plan to recover unpaid amounts for water and sewer usage from the software programming issue on water meters and authorizing a matching $25,000.00 contribution to a fund to be established for HWU Utility Assistance. MAYOR STATON gave clarification regarding the nature of the error; all avenues explored to resolve the billing discrepancies that resulted from the error; the diligence of all city employees involved in the identification, investigation, and resolution of the error; avenues available to residents for financial or informational assistance; future expectations with the proposed avenue to resolve the under-billing issue; and the implementation of new polices and procedures to prevent future issues, as well as satisfy complaints which were vocalized during the February 5, 2025 Joint Special Called Meeting with the Henderson Water & Sewer Commission. TODD BOWLEY, HWU Chief Financial Officer, gave a presentation to further elaborate on the under-billing issue; how it occurred; what the water department is doing to correct it; the preventative measures that will be implemented moving forward; how the back billing is being calculated on an individual basis for each afflicted customer; who to contact in regard to errant billing; and what customers can expect moving forward.  37 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 DISCUSSION WAS HELD regarding how water leaks may be impacting some customers, and encouraging customers who are unsure about their billing to reach out to contacts either within the Henderson Water Utility or the Utility Billing Department of the City; the length of time given to consumers to recover from the under-billing issue; how late fees applied to billing in regard to customers who receive back-billing; utility assistance availability for customers who are in need; and payment plans available to customers at the Utility Billing Department in the City. JAY RANDOLPH addressed the commission to commend Mayor Staton and Commissioner Pruitt for their conduct during the February 5, 2025 Joint Special Called Meeting with the Henderson Water & Sewer Commission. Mr. Randolph cited KRS 83A.150 regarding the City Manager form of government; and the City of Henderson Code of Ordinances Chapter 2, sections 2-44 regarding contracts, 2-45 regarding disbursement of funds, 2-67 regarding impeachment of officers; and City of Henderson Code of Ordinances Chapter 23, sections 23-36 regarding establishment, 23-42 regarding authority, 23-45.1, regarding general powers, and 23- 45.2 regarding procurement powers. Mr. Randolph reported that he had started a petition regarding the bills, which had received 851 verified signatures. Mr. Randolph expressed concern that citizens are not receiving their bills in a timely manner. He continued to state that some customers are receiving their paper bills via mail after the due date has already transpired. Mr. Randolph expressed that many citizens are lacking faith in local officials as a result of recent events and requested of the commission to launch an investigation into the water utility as provided for in the Code of Ordinances. He requested for the Commissioners to hold the appropriate parties accountable. COMMISSIONER PRUITT thanked Mr. Randolph for his community involvement and engagement. He reported that though mistakes were made, he did not believe any employee had earned dismissal. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the error in billing was caused by an electronic transmission error, which had been identified and had been under investigation since its discovery. He further reported that many members of staff between the City of Henderson and Henderson Water Utility had been participating in attempting to identify the full extent of the issue, which was a complicated matter, and no negligence by a single employee had led to any escalation of the error. MAYOR STATON reported that moving forward, the City’s immediate focus will be resolving the current issue for citizens, firstly; then, implementing corrective actions and preventative policies to avoid future issues. AMY GARDNER thanked the city officials for their accountability and actions to correct the errant billing issues. She inquired how the back-billing may affect customers who are set for automatic bank draft for their city utility bills. Ms. Gardner also inquired about late fees in relation to the back-billing. Ms. Gardner further expressed her concern for afflicted residents who will be placed in financial hardship due to the back-billing. MAYOR STATON answered that customers who have already had the back-billing automatically drafted from their accounts may contact the utility billing department regarding options to resolve any issues presented by the back-billing amounts, and that moving forward, the back-billing will be issued in such a way that it should not pull the full amount of back-billed water usage. He also clarified that no late fees will be associated with the back-billed amount for any customers. In reference to financial hardship, he referred to the assistance funding being provided by the City and HWU, and the list of assistance programs available at the utility billing windows. COMMISSIONER WHITT thanked Ms. Gardner for her input, stating that community feedback enriched policy by raising awareness of common issues. 38 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 DEBRA WILSON appeared before the commission to express frustrations with accountability of the issue, stating that she believed the City was responsible for the cost of water that had been under-billed to citizens. She expressed concern for citizens who would experience financial hardships as a result of the back-billing, who may not qualify for any of the available assistance programs. MAYOR STATON expressed his sympathies to citizens who are presented with financial hardships, explaining that the City is unable to assume financial responsibility due to legal restrictions regarding public funding. The Mayor asked that Ms. Wilson provide her information to city officials after the meeting to receive personal assistance from staff at a later date. COMMISSIONER HARGIS expressed her sympathy to afflicted citizens, clarifying that the issue was much more complicated than surface appearances may suggest, and stating that the City will be ensuring that preventative measures are established moving forward to avoid future issues of the same nature. COMMISSIONER THOMAS also expressed sympathy on behalf of the City to impacted citizens and reiterated that the City has the community’s best interests in mind, and will be working diligently to ensure future operations run more smoothly. COMMISSIONER WHITT expressed his gratitude to the community for providing different perspectives to the Board of Commissioners and City Officials regarding the issue. He clarified that because the City is a public entity, for the City to assume financial responsibility of the back-billed amounts accrued would affect citizens in a much more adverse manner than the proposed back-billing payment plan specific to the individual residents who had been under- billed. He reported that it’s the responsibility of the City to ensure a quality water utility for its residents, and that ultimately, the Henderson Water Utility, in spite of the current billing issue, provides excellent services at low costs. COMMISSIONER PRUITT expressed his sympathy to residents affected by the errant billing and stressed that he understands the depth of the impact to customers who face financial challenges. He requested of the citizens able to comfortably afford their back-billing amounts, to leave the assistance fund available for the citizens who are not able to afford theirs. He reassured citizens that their government’s prime objective is to act in the best interests of the community. MAYOR STATON reported that everyone in the City is very motivated to resolve this issue for the community and ensure that future mistakes are avoided. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: 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: February 11, 2025 Jessa Brandon, City Clerk________________________  39 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 RESOLUTION NO. 15-25: RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY, OPPOSING ANY BILLS BROUGHT FORTH DURING THE 2025 KENTUCKY GENERAL ASSEMBLY SESSION BY ANY MEMBER OF THE KENTUCKY LEGISLATURE, IN FULL OR IN PART, THAT PROVIDES FOR THE MANDATED CENTRALIZED COLLECTION OF LOCAL OCCUPATIONAL FEES/TAXES BY THE COMMONWEALTH OF KENTUCKY OR OTHER THIRD PARTIES. MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to oppose any bills brought forth during the 2025 Kentucky General Assembly Session by any member of the Kentucky legislature, in full or in part, that provides for the mandated centralized collection of local occupational fees/taxes by the Commonwealth of Kentucky or other third parties. DAWN KELSEY reported that state legislators were currently in session to advocate for the centralized collection of occupational fees and taxes. As the City of Henderson receives a large portion of its revenues from the collection of Occupational Fees and Taxes, it is her recommendation that the City enact legislation to refuse centralized collection of such. MAYOR STATON indicated his opposition to the proposed centralized collection by the state, as it allowed for a larger margin of error, presented the potential for more fees, and did not allow for the continued interpersonal communication between local government and incoming businesses. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: 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: February 11, 2025 Jessa Brandon, City Clerk________________________ ORDINANCE NO. 03-25: FIRST READ ORDINANCE AMENDING NATURAL GAS SERVICE RATES AND CHARGES ORDINANCE AMENDING ORDINANCE NO. 11-18 BY ADDING GAS SERVICE SCHEDULE FOR LOCAL TRANSPORTATION CUSTOMERS MOTION by Commissioner Whitt, seconded by Commissioner Hargis, that the ordinance be adopted. DISSCUSSION WAS HELD to clarify that this ordinance is not relating to a rate increase for residential customers, rather an amendment to the rate structure, which will support local industry who are large consumers of natural gas. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ 40 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 ORDINANCE NO. 04-25: FIRST READ ORDINANCE AMENDING APPENDIX A-ZONING RELATING TO TOWING SERVICES AND TOWING AND RECOVERY YARDS ORDINANCE AMENDING ARTICLE XXIII-M-1, LIGHT INDUSTRIAL DISTRICT, SEC. 23.03-CONDITIONAL USES, AND AMENDING ARTICLE XXIV-M-2, HEAVY INDUSTRIAL DISTRICT, SEC. 24.02-PERMITTED USES AND SEC. 24.03- CONDITIONAL USES OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON RELATING TO TOWING SERVICES AND TOWING AND RECOVERY YARDS MOTION by Commissioner Thomas, seconded by Commissioner Hargis, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ ORDINANCE NO. 05-25: FIRST READ ORDINANCE AMENDING CHAPTER 21-TAXATION, ARTICLE VII-TRANSIENT ROOM TAX AN ORDINANCE AMENDING CHAPTER 21-TAXATION, ARTICLE VII- TRANSIENT ROOM TAX, SEC. 21-110-TAX IMPOSED AND SEC. 21-112-COLLECTION; FILING OF RETURNS; PENALTY OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Hargis, seconded by Commissioner Pruitt, that the ordinance be adopted. ABBY DIXON, Henderson Tourist Commission Executive Director, clarified that this is just a house-keeping measure to update the language in the Ordinance to be compliant with state statutes. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ ORDINANCE NO. 06-25: FIRST READ ORDINANCE ADOPTING AMENDMENT TO CHAPTER 10-ENABLING I-69, GOALS AND OBJECTIVES OF THE HENDERSON CITY-COUNTY COMPREHENSIVE PLAN ORDINANCE ADOPTING AMENDMENT TO CHAPTER 10-ENABLING I-69, GOALS AND OBJECTIVES OF THE HENDERSON CITY-COUNTY COMPREHENSIVE PLAN MOTION by Commissioner Whitt, seconded by Commissioner Thomas, that the ordinance be adopted.  41 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 BRIAN BISHOP, Henderson City-County Planning Commission Executive Director, clarified that the Comprehensive Plan is referred to as a guideline when considering rezonings and subdivisions. Review of the Comprehensive Plan is required every 5 years; however, the Planning Commission is being proactive in this review due to the anticipated impact of the I-69 completion. Once the Planning Commission receives approval from the Board of Commissioners and Henderson County Fiscal Court, they will begin the review process and return the amended chapter to both entities for their approval. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ ORDINANCE NO. 07-25: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN BY CREATING THE POSITIONS OF GAS COMPLIANCE ENGINEER AND LEGAL SECRETARY MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ ORDINANCE NO. 08-25: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET & APPROPRIATION ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE ADMINISTRATION AND GAS DEPARTMENTS MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- 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. ________________________ 42 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 ORDINANCE NO. 02-25: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, LOCATED IN HENDERSON COUNTY BEING THE REAL PROPERTIES ADDRESSED AS 634 GLENWOOD DELL DRIVE (PARCEL ID #64B-35) CONSISTING OF APPROXIMATELY 1.718 ACRES, AND 656 S. GLENWOOD DELL (PARCEL ID #64B-36) CONSISTING OF APPROXIMATELY 1.006 ACRES MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Abstain: WHEREUPON, Mayor Pro Tem, Kelsey Hargis, declared the ordinance adopted, affixed her signature and the date thereto and ordered that the same be recorded. /s/ Kelsey Hargis Kelsey Hargis, Mayor Pro Tem ATTEST: February 11, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 15-25: MUNICIPAL ORDER APPROVING DEED BETWEEN THE CITY OF HENDERSON, KENTUCKY, FOR THE USE AND BENEFIT OF THE WATER AND SEWER COMMISSION OF THE CITY OF HENDERSON, AND PRATT PAPER (KY), LLC, FOR THE FIRE SUPPRESSION TANK AS PROVIDED FOR IN THE 2022 WATER AND WASTEWATER AGREEMENT, IN THE AMOUNT OF $2,214,817.62, PAYABLE IN MONTHLY INSTALLMENTS OVER FIFTEEN (15) YEARS, FOR THE REAL PROPERTY DESCRIBED AS LOT 1C (PVA PARCEL NUMBER 46-19.3) OF THE A.G. AND MARY PRITCHETT SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to approve the deed between the City of Henderson, Kentucky, for the use and benefit of the Water and Sewer Commission of the City of Henderson, and Pratt Paper (KY) LLC, for the fire suppression tank as provide for in the 2022 water and wastewater agreement, in the amount of $2,214,817.62, payable in monthly installments over fifteen (15) years, for the real property described as Lot 1C (PVA Parcel ID 46-19.3) of the A.G. and Mary Pritchett Subdivision; and to authorize the mayor to execute all necessary documents. ERIC SHAPPELL, Henderson Water & Sewer Commission Attorney, clarified that the Henderson Water Utility paid for construction of the fire suppression tank and owns the property on which it sits. This Municipal Order is to authorize the transfer of that property and fire suppression tank to Pratt, as previously agreed upon, and allowing for the amount of the purchase to be paid in monthly installments. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye:  43 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 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: February 11, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 16-25: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF FOUR (4) NEW 2025 FORD UTILITY POLICE INTERCEPTOR AWD VEHICLES FOR THE HENDERSON POLICE DEPARTMENT TO TT OF F. FRANKFORT, INC. (FRANKFORT FORD) OF FRANKFORT, KENTUCKY, IN THE AMOUNT OF $189,275.04 MOTION by Commissioner Hargis, seconded by Commissioner Whitt, to award bid for purchase of four (4) new 2025 Ford Utility Police Interceptor AWD Vehicles for the Henderson Police Department to TT of F. Frankfort, Inc., of Frankfort, Kentucky, in the amount of $189,275.04. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, informed the commission that there will be a mid-year budget amendment at a later date to accommodate funding for 2 of the 4 cars included in this purchase. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- 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: February 11, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 17-25: MUNICIPAL ORDER ACCEPTING MASTER AGREEMENT FOR PROFESSIONAL DESIGN SERVICES BETWEEN THE CITY OF HENDERSON, KENTUCKY AND HAFER ASSOCIATES DBA HAFER OF EVANSVILLE, INDIANA, FOR PROFESSIONAL DESIGN SERVICES RELATING TO HVAC UPGRADES FOR THE PUBLIC SAFETY BUILDING AND TASK ORDER NO. 2025-01; AND AUTHORIZING MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to accept the master agreement with Hafer Associates DBA Hafer of Evansville, Indiana, for professional design services relating to HVAC upgrades for the public safety building and task order number 2025-01, and authorizing the Mayor to execute all necessary documents on behalf of the City. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that these repairs are relatively urgent, as the cooling system in the Peabody building failed last year. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: 44 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 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: February 11, 2025 Jessa Brandon, City Clerk________________________ CITY MANAGER’S REPORT: “FEMA Documentation – Debris Cleanup” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the Public Relations Director, Holli Blanford, will be making announcements within the week regarding debris cleanup, as several city departments begin working on the debris removal, and an outside vendor begins curbside pickup. He further reported that the City is continuing to adequately document the cleanup in accordance with FEMA guidelines, to retain funding eligibility in the event that reimbursement funding becomes available at a later date. CITY ATTORNEY’S REPORT: “Zoning Review of the Henderson Innovative Planning (HIP) District” DAWN KELSEY, City Attorney, presented information on proposed amendments to the Zoning Ordinance. She explained that when the Henderson Innovative Planning (HIP) District was created, leadership had anticipated a mixed-use commercial development that mirrored the downtown area of Henderson. Whereas presently, all development within the HIP District has been residential; and whereas current provisions for front yard setbacks and parking locations have proven to be unfavorable for residential developments, it is the recommendation of the City Attorney to amend the Zoning Ordinance to better accommodate residential development. MOTION by Commissioner Thomas, seconded by Commissioner Hargis to forward the proposed ordinance changes to the Planning Commission to conduct a public hearing. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: ________________________ COMMISSIONER’S REPORTS: COMMISIONER HARGIS reported that the City is actively working to find resolutions that will benefit everyone in the community. COMMISIONER THOMAS reiterated Commissioner Hargis’ sentiments and expressed empathy for city residents. COMMISIONER PRUITT assured the community that the City of Henderson and Henderson Water Utility have the community’s best interests in mind and will do their best to resolve any issues. MAYOR STATON resounded the sentiments of sympathy and commitment to public responsibility. He further reported the Municipal Matters Podcast will be releasing an episode the second Tuesday of each month. The February episode of the podcast informs of the conference center. ________________________  45 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 EXECUTIVE SESSION: “Future Acquisition of Real Property” 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 the purpose of discussion that may lead to the future acquisition of real property located in the vicinity of Letcher and Powell Streets; and KRS 61.810(1)(C) for the purpose of discussion of threats of litigation against the City of Henderson and the Water and Sewer Commission of the City of Henderson, A/K/A HWU, regarding errant billing issues; and KRS 61.810(1)(F) for the purpose of discussion which may lead to the appointment of employees. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Thomas, seconded by Commissioner Hargis, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MUNICIPAL ORDER NO. 18-25: MUNICIPAL ORDER APPROVING AGENCY CONSENT AGREEMENT – BUYER/LESSEE AND RESIDENTIAL SALES CONTRACT FOR THE PURCHASE OF PROPERTIES LOCATED AT 106 LETCHER STREET (PARCEL ID #2-18-2-18), 111 LETCHER STREET (PARCEL ID #2-18-1-2), 122 LETCHER STREET (PARCEL ID #2-18-2- 14), AND 1401 POWELL STREET (PARCEL ID #2-18-2-13), HENDERSON, KY IN THE AMOUNT OF $110,000.00 FOR ECONOMIC DEVELOPMENT PURPOSES; AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Hargis, to approve the agency consent agreement – buyer/lessee and residential sales contract for the purchase of properties located at 106 Letcher Street (Parcel ID # 2-18-2-18), 111 Letcher Street (Parcel ID # 2-18-1-2), 122 Letcher Street (Parcel ID # 2-18-2-14), and 1401 Powell Street (Parcel ID # 2-18- 2-13), Henderson, Kentucky, in the amount of $110,000.00 for economic development purposes; and authorizing the mayor to execute all necessary documents on behalf of the City. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- 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: February 11, 2025 Jessa Brandon, City Clerk________________________ 46 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 11, 2025 MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Hargis ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:32 p.m. ___________________________ Bradley S. Staton, Mayor ATTEST: February 25, 2025 ______________________ Jessa Brandon, City Clerk