Board of Commissioners Meetings

122 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 27, 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: Mrs. Dawn Kelsey, City Attorney Mr. William L. “Buzzy” Newman, Jr., Assistant City Manager Ms. Jessa Brandon, City Clerk Ms. Chelsea Mills, Finance Director Ms. Dawn Winn, Assistant Finance Director Mr. Josh Dixon, Fire Chief Mr. Billy Bolin, Police Chief Mr. Robert “Bob” Shoultz, Deputy Police Chief Ms. Megan McElfresh, Human Resources Director Ms. Karla Beckgerd, Human Resources Specialist Mr. Steve Davis, Codes Administrator Ms. Jenna Basham, Project Manager Ms. Jeannie Quattrocchi, Project Coordinator Ms. Breasha Pruitt, Project Coordinator Mr. Trace Stevens, Parks & Recreation Director Mr. Victor Carson, IT Network Administrator I Mr. Wes Gower, IT Programmer Analyst Rev. Charles Johnson, Henderson Human Rights Commission, Executive Director Ms. Abby Dixon, Henderson Tourist Commission, Executive Director Mr. Bart Boles, HWU General Manager Mr. Todd Bowley, HWU Chief Financial Officer Mr. Shane Morgan, HWU Water Treatment Operator Mr. Harley Wilkinson, HWU Utility System Worker I Ms. Kacee Campbell, AKZ Executive Director Ms. Hailey Black, AKZ Ms. Erica Madole, AKZ Mr. Ron Alexander, AKZ Mr. Nate Fish, Colonel Media Ms. Gabby Majors, Colonel Media Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliott, Police Officer ________________________ PRESENTATION: “New Employee Recognition” BART BOLES, HWU General Manager, introduced SHANE MORGAN, Water Treatment Operator & HARLEY WILKINSON, HWU Utility System Worker I. The BOARD OF COMMISSIONERS welcomed our new team members for employment with the City of Henderson. ________________________  123 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 PRESENTATION: "Henderson Tourist Commission” ABBY DIXON, Henderson Tourist Commission Executive Director, addressed the Board of Commissioners to present upon the emerging film industry and growth opportunities for Henderson becoming available as a result. Ms. Dixon informed the Commission of the passing of Senate Bill 1, which effective on July 1, 2025, establishes the Kentucky Office of Film and Development (Kentucky Film Office). Additionally, the Kentucky Entertainment Incentive has been reinstated and expanded, which offers 30-35% tax credits to productions filming in Kentucky. She further reported that return on investment potential is projected to be $7 for every $1 spent on incentives. Ms. Dixon listed examples of how bringing film industry to our City may be economically beneficial, including: the utilization of local businesses for props or locations, the hiring of locals as extras, attraction of non-locals to local businesses, etc. She continued by giving examples of Kentucky cities, such as Madisonville, Paducah, Owensboro, Hopkinsville, and others, which had seen success stories by joining the newly established West Kentucky Film Commission. Joining the film commission requires a financial commitment of $10,000.00 for the first year. Ms. Dixon’s proposal is an equal cost split between Henderson County, the City of Henderson, and the Henderson Tourist Commission, in which each vested party would be required to provide $3,333.33 toward the first year membership. She advised that she had given the same presentation in Henderson County Fiscal Court, and they had agreed to invest their proposed portion, and that the Henderson Tourist Commission Board had agreed to invest their proposed portion as well. THE BOARD OF COMMISSIONERS each individually indicated their interest in bringing this new opportunity into Henderson as well as their gratitude to the Henderson Tourist Commission, and Abby Dixon, for doing the research and the work associated in bringing this to fruition. MAYOR STATON reported that $50,000.00 yearly is budgeted to utilize for projects that support the Vision Plan for Henderson. His recommendation to the Board of Commissioners included allocating $3,333.33 from the Vision Plan Funding to contribute toward the joint funding with the Henderson County Fiscal Court and Henderson Tourist Commission of the first year’s membership to the Western Kentucky Film Commission, as recommended by Abby Dixon. MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to commit $3,333.33 of Vision Plan Funding to join the Henderson Tourist Commission and Henderson County Fiscal Court in funding the first year’s membership to the Western Kentucky Film Commission. 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: ________________________ PRESENTATION: “Community Spotlight” MAYOR STATON presented NATE FISH & GABBY MAJOR, of Colonel Media, producers of the “Municipal Matters” Podcast, the May Community Spotlight Award for their award-winning efforts in community enrichment and engagement, by offering opportunities for students to creatively express themselves, collaborate with others, and gain hands-on experience in photography and production. NATE FISH & GABBY MAJOR, Colonel Media, addressed the Commission to thank them for their recognition and expressed their passion for the work they do, as well their vision for continued collaboration between Henderson Governments and Colonel Media. ________________________ 124 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 MAYOR STATON recognized Parks, Recreation, & Cemeteries Director, Trace Stevens, for his years of service, as Trace will be retiring effective June 2. THE BOARD OF COMMISSIONERS each individually expressed their gratitude to Trace Stevens, commending his hard work, positive attitude, and historically impactful impression on the Department and in the City. TRACE STEVENS, Parks, Recreation, & Cemeteries Director, thanked the Commission for their recognition, giving credit to the team at Parks, Recreation & Cemeteries for making his achievements possible, and expressing gratitude for the time spent working within the City of Henderson. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read the Consent Agenda. Minutes: May 13, 2025, Regular Meeting May 20, 2025, Special Called Meeting Resolutions and Municipal Orders: Res. 38-25: Resolution Accepting Human Resources Report Dated May 27, 2025, And Approving All Actions Contained Within M.O. 39-25: Municipal Order Authorizing Donation Of Surplus Property Located At 1401 Powell Street, Henderson, Kentucky (PVA Parcel 2-18- 2-13) To Audubon Kids Zone, Inc. 1325 Powell Street Henderson, Kentucky, And Authorizing The Mayor To Execute Documents Necessary To Complete Sale M.O. 40-25: Municipal Order Authorizing The Amendment To Utility And Access Option And Easement Agreement And Amendment To Memorandum Of Easement Facilities Easement Between The City Of Henderson, Pratt Paper (Ky), LLC, Pratt Properties II, LLC, Pratt (Henderson Corrugating), LLC And Henderson County Solar, LLC And Authorizing Mayor To Execute All Necessary Documents On Behalf Of The City Of Henderson MOTION by Commissioner Hargis, 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 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: May 27, 2025 Jessa Brandon, City Clerk________________________  125 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 ORDINANCE NO. 20-25: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENTS (WATER AND SEWER MAIN) FOR RIVER’S EDGE IN THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ ORDINANCE NO. 21-25: FIRST READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, that the ordinance be adopted. TODD BOWLEY, Chief Financial Officer of Henderson Water Utility, gave a brief overview of the budget, which was previously approved by the Water & Sewer Commission. He explained that revenues are projected to increase by over 5% and expenses are expected to match that projection, keeping the operating position positive. He gave a brief summary of capital expenditures to be expected and encouraged anyone interested to examine the executive summary page of the budget. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 41-25: MUNICIPAL ORDER ADOPTING RULES OF CONDUCT FOR INDIVIDUALS ATTENDING OR PARTICIPATING IN EVENTS AT THE DEACONESS HENDERSON SPORTSPLEX MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adopt the rules of conduct for individuals attending or participating in events at the Deaconess Henderson Sportsplex. 126 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 MAYOR STATON suggested that due to City Manager, Dylan Ward’s absence, being the best party to respond to questions relating to this Municipal Order, the Municipal Order be tabled and readdressed at a later meeting. MOTION by Commissioner Whitt, seconded by Commissioner Thomas to table the adoption of the rules of conduct for individuals attending or participating in events at the Deaconess Henderson Sportsplex, until a later 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: WHEREUPON, Mayor Staton declared the municipal order tabled, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: May 27, 2025 Jessa Brandon, City Clerk________________________ RESOLUTION NO. 39-25: A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT AND A RESOLUTION COMMITTING THE LOCAL SHARE OF FUNDS NECESSARY TO SECURE A SECTION 5311/5339/5310/5303/5304 GRANT APPLICATION MOTION by Commissioner Hargis, seconded by Commissioner Thomas, to authorize the filing of an application with the Department of Transportation, United States of America, for a grant under the Infrastructure Investment and Jobs Act and to commit the local share of funds necessary to secure a section 5311/5339/5310/5303/5304 grant application. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 42-25: MUNICIPAL ORDER AWARDING BID FOR CONSTRUCTION OF GREEN RIVER SIDEWALKS TO KMAC CONTRACTING, LLC, MADISONVILLE, KENTUCKY IN THE AMOUNT OF $406,843.97 MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, to award the bid for construction of Green River Sidewalks to KMAC Contracting, LLC, of Madisonville, Kentucky, in the amount of $406,843.97. WILLIAM L. “BUZZY” NEWMAN, JR., Assistant City Manager, explained that this project follows an earlier project which widened and improved a section of Green River Road, leaving a pedestrian trail to end at Osage Drive. This project will continue sidewalks beginning at Osage Drive and ending at Bend Gate School, increasing connectivity in the area.  127 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 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 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: May 27, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 43-25: MUNICIPAL ORDER AWARDING CONTRACT RENEWAL FOR CITY OF HENDERSON'S STOP/LOSS COVERAGE (REINSURANCE) MOTION by Commissioner Whitt, seconded by Commissioner Hargis, to award the contract renewal for the City of Henderson’s Stop/Loss Coverage (reinsurance). MEGAN MCELFRESH, Human Resources Director, reported that there was an initial expectation to incur a 30% increase in reinsurance costs via the current vendor; however, the City only incurred an 18.5% increase. Though other vendors were priced more competitively, the recommendation from staff is to move forward with this vendor, as additional costs incurred through other vendors have the potential to eventually prove a greater overall cost. She further explained that some of the cost with the current vendor may be returned at a later date. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ MUNICIPAL ORDER NO. 44-25: MUNICIPAL ORDER AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S ORGAN TRANSPLANT POLICY MOTION by Commissioner Pruitt, seconded by Commissioner Hargis, to award the contract for renewal of the City of Henderson’s Organ Transplant Policy. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ 128 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 CITY MANAGER’S REPORT: “Vision Plan Update Meeting” WILLIAM L. “BUZZY” NEWMAN, Assistant City Manager, reminded the Commission of the Vision Plan Update Meeting scheduled for June 2, 2025, at 3:00 p.m. in the Henderson County Cooperative Extension Office, located at 3341 KY-351 in Henderson, Kentucky. ________________________ EXECUTIVE SESSION: “Future Acquisition of Real Property, Pending Litigation, & Appointment of an Employee” MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners go into Executive Session pursuant to the 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 KRS 61.810 paragraph (1) subsection (c) for discussion of pending litigation against the City of Henderson involving the Henderson City/County Airport; and Pursuant to KRS 61.810 paragraph (1) subsection (f) for discussion that may lead to the appointment of an individual employee. 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. ________________________ MEETING RECONVENED: MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. ________________________ MUNICIPAL ORDER NO. 45-25: MUNICIPAL ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN PATRICIA L. KUSHINO, INDIVIDUALLY AND AS CO-TRUSTEE OF PATRICIA KUSHINO REVOCABLE TRUST AND JO ANNE WILLIAMS (COLLECTIVELY “WILLIAMS”) AND HENDERSON CITY-COUNTY AIRPORT, CITY OF HENDERSON, HENDERSON COUNTY, ALLEN BENNETT IN HIS OFFICIAL CAPACITY AS AIRPORT MANAGER, RUSSELL SIGHTS IN HIS OFFICIAL CAPACITY AS CITY MANAGER (COLLECTIVELY “HENDERSON”) ARISING OUT OF A CASE IN THE UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF KENTUCKY, CASE NO. 4:19-CV-00076- BJB, STYLED PATRICIA KUSHINO ON BEHALF OF THE PATRICIA L. KUSHINO REVOCABLE TRUST, ET AL V. HENDERSON CITY-COUNTY AIRPORT BOARD, ET AL.; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF HENDERSON, INCLUDING ALL EXHIBITS  129 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 27, 2025 MOTION by Commissioner Whitt, seconded by Commissioner Thomas, to approve the settlement agreement between Patricia L. Kushino, individually and as co-trustee of Patricia Kushino Revocable Trust and Jo Anne Williams (Collectively “Williams”) and Henderson City- County Airport, City of Henderson, Henderson County, Allen Bennett in his official capacity as Airport Manager, Russell Sights in his official capacity as City Manager (collectively “Henderson”), arising out of a case in the United States District Court, Western District of Kentucky, Case No. 4:19-CV-00076-BJB, styled Patricia Kushino on behalf of the Patricia L. Kushino AL.; and to authorize the Mayor to execute the agreement on behalf of the City of Henderson, including all exhibits. 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: May 27, 2025 Jessa Brandon, City Clerk________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Thomas --- Aye: Commissioner Whitt ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Hargis ---- Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:01 p.m. ___________________________ Bradley S. Staton, Mayor ATTEST: June 10, 2025 ______________________ Jessa Brandon, City Clerk