Board of Commissioners Meetings

86 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 22, 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 Rodney Thomas Commissioner Robert N. Pruitt, Sr. Commissioner Nicholas E. Whitt Commissioner Kelsey Hargis ALSO PRESENT: Mr. Dylan Ward, City Manager Mrs. Dawn Kelsey, City Attorney Mr. William L. “Buzzy” Newman, Jr., Assistant City Manager Mrs. Donna Madden, Executive Assistant Mrs. Holli Blanford, Public Relations Director Ms. Jessa Brandon, City Clerk Ms. Chelsea Mills, Finance Director Ms. Jordan Webb, 911 Emergency Communications Director Mr. Josh Dixon, Fire Chief Mr. Matt Anderson, Fire Division Chief Mr. Robert “Bob” Shoultz, Deputy Police Chief Mr. Brian Williams, Public Works Director Ms. Megan McElfresh, Human Resources Director Ms. Jenna Basham, Project Manager Ms. Jeannie Quattrocchi, Project Coordinator Mr. Trace Stevens, Parks & Recreation Director Ms. Crystal Windhaus, Mass Transit Superintendent Mr. Donald “Jason” Welch, H.A.R.T. Bus Operator Mr. Jeremy Ebelhar, Police Officer Ms. Melody Griffin, Account Representative Ms. Amy Finley, Payable Lead Ms. Jacey Royalty, Emergency Communications Officer Mr. Kevin Lane, Grounds Maintenance Worker I Mr. Devin Elder, IT Network Administrator II Mr. Bart Boles, H.W.U. General Manager Ms. Abby Dixon, Henderson Tourist Commission, Executive Director Ms. Clay Gillham, Henderson Chamber of Commerce, Executive Director Ms. Jada Hamby, Henderson Chamber of Commerce, Event Coordinator Mr. Casey Todd, Downtown Henderson Partnership Committee Chair Ms. Nicole Frields, W.A.R.M. Chief Operating Officer Ms. Emma Bridges, Principal of Holy Name School Mr. Ben Johnston, President of Pittsburg Tank & Tower Group Mr. Stephen Sewell, Palmer Engineering Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PROCLAMATION: "Arbor Day" MAYOR STATON proclaimed Friday, April 25, 2025, as “Arbor Day” in the City of Henderson and urged all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program. This year the program will include the dedication and planting of a tree in Central Park.  87 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 TRACE STEVENS, Parks & Recreation Director, reported that The City has been awarded its 30th consecutive Tree City U.S.A. certification from the State Forestry Department and invited everyone to join the Parks & Recreation Department in the gazebo at Central Park for the annual Arbor Day Celebration. ________________________ PRESENTATION: “New Employee Recognition” CHELSEA MILLS, Finance Director, introduced MELODY GRIFFIN, Account Representative and AMY FINLEY, Payable Lead. JORDAN WEBB, 911 Emergency Communications Director, introduced JACEY ROYALTY, Emergency Communications Officer. TRACE STEVENS, Parks & Recreation Director, introduced KEVIN LANE, Parks & Grounds Maintenance Worker I. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________ PRESENTATION: “30-Year Service Award” MAYOR STATON expressed appreciation to H.A.R.T. Bus Operator DONALD “JASON” WELCH for his 30 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20-Year Service Award” MAYOR STATON expressed appreciation to Police Officer JEREMY EBELHAR for his 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: "Holy Name Church/School” STEPHEN SEWELL, Palmer Engineering, addressed the Board of Commissioners to present a rendering of a proposed pedestrian bridge to provide safe crossing across Second Street or State Highway 351, at the Adams Street intersection, alleging the proposed location as the most viable after having discussed the matter with local utilities and the construction crew responsible for the neighboring new fire station. The presentation included visual aids, proposed type of bridge, materials, dimensions, and cost estimates. NICOLE FRIELDS, Chief Operating Officer of Women’s Addiction Recovery Manor, appeared before the Board of Commissioners to advocate for the pedestrian bridge, as many W.A.R.M. Center residents utilize the crossing at Second and Adams streets, alongside students of Holy Name as well as other pedestrian traffic. Ms. Frields stated that the pedestrian bridge is an investment in the safety and well-being of local children, clients of the W.A.R.M. Center, and the general community. Ms. Frields continued further that the rendering would add to the beautification of the area, which is seen and often referred to as the “Gateway to Henderson.” EMMA BRIDGES, Principal of Holy Name School, also stood to advocate for the pedestrian bridge, stating that it would provide safe passage, not only for Holy Name attendees, but for all community members who utilize the area for crossing. Ms. Bridges stated that Holy Name funded the feasibility study due to a vested interest in the project, as at least 410 children are transported across Second Street at the proposed location at least once a week, ranging from ages 3 to 14 years of age. BEN JOHNSTON, President of the Pittsburg Tank & Tower Group, addressed the Board of Commissioners to advocate for the pedestrian bridge also, clarifying that the ask at this time is not for funding of the bridge, rather for agreement from the City to be a willing counterpart, by 88 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 making adjustments such as rerouting utilities and making the proposed property location available to Holy Name for the project to be completed. DISCUSSION WAS HELD regarding the proposed location and the utilities in question that may need to be moved, as well as the timing in conjunction with the construction of the new fire station being an ideal time to review the proposal. THE BOARD OF COMMISSIONERS gave its indication of interest, encouraging Holy Name to continue forward in the next steps toward the construction of a pedestrian bridge at Second and Adams Streets. ________________________ PRESENTATION: “Community Spotlight” MAYOR STATON presented the April Community Spotlight Award to the HENDERSON PUBLIC SAFETY TELCOMMUNICATORS for their service to the Community, calling them unsung heroes, as they work diligently behind the scenes to aid citizens and first responders during some of the most critical and dire moments of their lives. JORDAN WEBB, 911 Emergency Communications Director, addressed the Commission to thank them for their recognition. She commended her team for the diligence, passion, and professionalism with which they operate, enabling them to protect the community of Henderson as well as its first responders in the field. ________________________ PRESENTATION: "Henderson Chamber of Commerce” CLAY GILLHAM, Henderson Chamber of Commerce Executive Director, CASEY TODD, Downtown Henderson Partnership Committee Chair, ABBY DIXON, Henderson Tourist Commission Executive Director, & JADA HAMBY Henderson Chamber of Commerce Event Coordinator, appeared before the Board of Commissioners to present a PowerPoint Presentation illustrating the findings from the Downtown Henderson Parking Study, which accounted for available parking, public and private, including time-limited parking spots, handicap accessible parking spots, and free and unlimited parking spots. The presentation continued by addressing how other Cities have attempted to address their downtown parking issues, including a parking garage in Danville, which in spite of its convenient location, was reportedly very under-utilized and very expensive to build; dedicated lots; and city-owned lots. Lastly, Georgetown was referenced, as it provides a parking availability map, which enables visitors, employees, and residents to view a map of the available parking downtown. Survey results were discussed, and it was determined that 52% of those surveyed were not in favor of the enforcement of time limits in downtown Henderson. Showing a webpage view of Holland Michigan’s Downtown Organization, the presenters encouraged exploring a middle-ground option as shown, which maps out public and private parking for the downtown area in Holland Michigan, making available parking known and easily accessible. The recommendations are to: repeal the ordinance establishing time-limited parking enforcement in downtown Henderson, pursue public-private partnerships to create more available parking, offer downtown businesses and residents permits to park in dedicated lots, create a clear communication plan with visual aid to be available online and coupled with signage for ease of access. MAYOR STATON suggested the possibility of creating a dedicated workgroup to begin moving forward with some of the suggestions made by the presenters; primarily the parking map and online resources. THE BOARD OF COMMISSIONERS thanked the presenters for their research and recommendations. ________________________  89 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: March 18, 2025, Work Session March 19, 2025, Called Work Session March 25, 2025, Regular Meeting March 28, 2025, Special Called Meeting Resolutions and Municipal Orders: Res. 26-25: Resolution Approving Human Resources Report Dated April 22, 2025 Res. 27-25: Resolution Authorizing Submittal Of A FY2026 Training Facility Grant Application In The Amount Of $30,000.00 From The Kentucky Fire Commission; Acceptance Of Grant Funds If Awarded; And Authorizing City To Execute All Necessary Documents Res. 28-25: Resolution Approving Agreement With United Way Of Henderson, Inc. Allocating $7,500.00 To Receive, Review, Vet, And Make Recommendations Regarding City Of Henderson’s Nonprofit Grant Funding Applications; And Authorizing Mayor To Execute Agreement Res. 29-25: Resolution Approving Municipal Road Aid Cooperative Program Agreement With The Kentucky Transportation Cabinet For Construction, Reconstruction, And Maintenance Of City Streets In Fiscal Year 2025-2026; And Authorizing The Mayor To Execute The Agreement On Behalf Of The City MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 22, 2025 Jessa Brandon, City Clerk________________________ ORDINANCE NO. 13-25: SECOND READ ORDINANCE AMENDING APPENDIX A-ZONING - ARTICLE XXXIV, HENDERSON INNOVATIVE PLANNING DISTRICT ORDINANCE AMENDING ARTICLE XXXIV HENDERSON INNOVATIVE PLANNING DISTRICT, SEC. 34.02-PERMITTED USES, SEC. 34.03-LOT AND BUILDING STANDARDS, AND SEC. 34.05-PARKING OF APPENDIX A – ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, that the ordinance be adopted. 90 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 22, 2025 Jessa Brandon, City Clerk________________________ ORDINANCE NO. 14-25: FIRST READ ORDINANCE AMENDING – CHAPTER 16 OFFENSES, ARTICLE V REGULATION OF FIREWORKS ORDINANCE AMENDING CHAPTER 16 OFFENSES, ARTICLE V REGULATION OF FIREWORKS, SEC. 16-81 DEFINITIONS, SEC. 16-82 RESTRICTIONS ON USE OR SALE, SEC. 16-83 RESTRICTION ON USE WITHIN CITY LIMITS, SECTION 16-87 PYROTECHNIC DEVICE PERMIT AND SECTION 16-88 CRIMINAL PENALTIES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. MATT ANDERSON, Fire Division Chief, clarified that after having received a call regarding a cold spark machine, which is an indoor-rated pyrotechnic device, the department began research, finding that a number of fires had been contributed to the misuse of such pyrotechnics machines indoors. This prompted Mr. Anderson to reach out to the City Attorney and begin the proposed revisions to Chapter 16, which relate only to the commercial use of pyrotechnics for safety reasons, and do not at all impact the residential use of fireworks. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 22, 2025 Jessa Brandon, City Clerk________________________ ORDINANCE NO. 15-25: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2024-2025 BUDGET & APPROPRIATION ORDINANCE ORDINANCE AMENDING BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE CITY OF HENDERSON FY 2024-2025 BUDGET & APPROPRIATION ORDINANCE FOR CERTAIN NON-HAZARDOUS POSITIONS IN THE PUBLIC WORKS DEPARTMENT MOTION by Commissioner Thomas, seconded by Commissioner Hargis, that the ordinance be adopted. DYLAN WARD, City Manager, clarified that as the current Municipal Facilities Superintendent had announced plans for retirement, this ordinance provides for an over-hire to train a replacement, as well as an additional over-hire to potentially replace another employee, in the event that an individual promotes internally.  91 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: April 22, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 34-25: MUNICIPAL ORDER APPROVING MEMORANDUM OF AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY FOR THE USE AND BENEFIT OF THE TOURISM, ARTS, AND HERITAGE CABINET, KENTUCKY DEPARTMENT OF PARKS (“DEPARTMENT”), ACTING BY AND THROUGH HOLLY M. JOHNSON, SECRETARY OF THE FINANCE AND ADMINISTRATION CABINET (“PARTY OF THE FIRST PART”) THE CITY OF HENDERSON (“CITY”), AND HENDERSON COUNTY (“COUNTY”) (“PARTIES OF THE SECOND PART”) FOR THE PROPOSED DEVELOPMENT OF A CONFERENCE CENTER AT AUDUBON STATE PARK; AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, to approve the memorandum of agreement between the Commonwealth of Kentucky for the use and benefit of the Tourism, Arts, And Heritage Cabinet, Kentucky Department Of Parks (“Department”) acting by and through Holly M. Johnson, secretary of the Finance and Administration Cabinet (“Party Of The First Part”), The City Of Henderson (“City”), and Henderson County (“County”) (“Parties Of The Second Part”), for the proposed development of a conference center at Audubon State Park; and to authorize the mayor to execute all necessary documents on behalf of the city. MAYOR STATON reported that this agreement is being made with the State of Kentucky regarding the funding for the Convention Center which will be constructed at John James Audubon State Park. Of the $16.4 million project, previously discussed as a $15 million project, the City of Henderson’s Contribution will be $2.7 million, as opposed to the previously discussed $4.5 million, and Henderson County’s contribution will be $2.5 million, as opposed to the previously discussed $3 million. Mayor Staton continued by adding that the proposed Memorandum of Agreement divides the project into 3 phases, requiring that funding for each phase of the project be provided at the beginning of that phase. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- 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: April 22, 2025 Jessa Brandon, City Clerk________________________ 92 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 RESOLUTION NO. 30-25: RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR CECIL RAY AND JACQUELINE E. RAUCH FOR PROPERTY LOCATED AT 33 S. ALVES STREET (PID# 2-7-5-3), HENDERSON KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, to grant property reassessment moratorium for Cecil Ray and Jacqueline E. Rauch for property located at 33 S. Alves Street (PID # 2-7-5-3), Henderson Kentucky. MAYOR STATON reported that this application is the first residential application to be received since the Board of Commissioners approved extending the tax moratorium city-wide in 2024. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- 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: April 22, 2025 Jessa Brandon, City Clerk________________________ RESOLUTION NO. 31-25: RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR ERIC L. STINSON, ON BEHALF OF ELS PROPERTIES LLC, FOR PROPERTY LOCATED AT 1717 FRANKLIN AVENUE (PID# 2-25-2-38), HENDERSON KENTUCKY MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to grant the property reassessment moratorium for Eric L. Stinson, on behalf of ELS Properties LLC, for property located at 1717 Franklin Avenue (PID # 2-25-2-38), Henderson Kentucky. DYLAN WARD, City Manager, reported that Eric Stinson has indicated intentions to transform this facility into an indoor pickleball facility to accommodate the sport’s rapidly growing interest within our community. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- 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: April 22, 2025 Jessa Brandon, City Clerk________________________ BOARD/COMMISSION APPOINTMENT: “Civil Service Pension Fund Board of Trustees” Connie Galloway – Term Expired December 31, 2024 MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, upon recommendation of Mayor Staton, to appoint Megan McElfresh to a 4-year term on the Civil Service Pension Fund Board of Trustees. Said term to expire April 22, 2029.  93 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: ________________________ CITY MANAGER’S REPORT: “Rezoning #1175 with Graphic Development Plan –2005 US HWY 41 N (1.29 acres)” DYLAN WARD, City Manager, reported that the Planning Commission has acted upon the request for rezoning with a graphic development plan for property located at 2005 US Highway 41 N (PID# 55D-19), containing approximately 1.29 acres, rezoned from Medium Density Residential (R-2) to Highway Commercial (HC) after conducting public hearings and producing findings of fact at the April 1, 2025 meeting. The Zoning Map Amendments shall become final on Wednesday, April 23, 2025 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty- one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is April 22, 2025. ________________________ CITY MANAGER’S REPORT: “Hazardous Pay Plan” DYLAN WARD, City Manager, reported that whereas the current structure of the pay plan creates unfair and uneven pay structure as it relates to promotions and salary increases, the proposed pay plan will mitigate the issue by providing better structure, including “percentage above minimum” based raises, as well as pro-rated raises in the event of promotions to refrain from employees of the same rank not being compensated fairly due to the timing of their promotions moving forward. ________________________ MAYOR’S REPORT: “Mock City Government” MAYOR STATON invited the Board of Commissioners and City Staff Members to join him in performing a Mock City Government Program with 5th graders from Henderson County Schools on Thursday, April 24, 2025 and Friday April 25, 2025. ________________________ EXECUTIVE SESSION: “Future Acquisition of Real Property & Pending Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the Board of Commissioners go into executive session pursuant to KRS 61.810 paragraph (1) subsection (b) for the purpose of discussion that may lead to the future acquisition of real property located in the vicinity of Clay Street, Washington Street and Atkinson Street and the sale of property in the vicinity of Fifth Street and Heilman Avenue and pursuant to KRS 61.810 paragraph (1) subsection (c) for the purpose of discussion of pending litigation against the City of Henderson and Henderson Municipal Power and Light involving Big Rivers Electric and proposed litigation against the City of Henderson regarding an employment matter. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the Board adjourned into Executive Session. ________________________ 94 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 22, 2025 MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 5:28 p.m. ___________________________ Bradley S. Staton, Mayor ATTEST: May 13, 2025 ______________________ Jessa Brandon, City Clerk