Board of Commissioners Meetings

A Regular October 11, 2011 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 11, 2011, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Reverend Orbley Ramsey, Lawndale Baptist Church, and Mayor Steve Austin lead the assemblage in the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert M. (Robby) Mills Commissioner Robert N. Pruitt Commissioner Alan C. Taylor Commissioner Mike Farmer _________________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. William (Buzzy) Newman, Assistant City Manager Mr. Chris Hopgood, Acting City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. John Reed, Police Chief Mr. Bruce Shipley, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Ms. Ylonda Nall, United Way Mr. Brice Courtney, Boy Scout, and his mother Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ APPEARANCE OF VISITORS: Mr. Brice Courtney, Boy Scout from Troop #280, explained that he was present in order to earn his “Second Class Badge.” Mr. Courtney was given a round of applause. ___________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: September 27, 2011, Regular Meeting MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to approve the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye:  A Regular October 11, 2011 ORDINANCE NO. 33-11: SECOND READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES WHICH BORDER THE OHIO RIVER ON THE WEST AND WATER STREET ON THE EAST AND ARE BETWEEN POWELL STREET AND WASHINGTON STREET, AND BETWEEN FIRST STREET AND FOURTH STREET, AND ALL OF ATKINSON PARK PROPERTY WHICH BORDERS THE OHIO RIVER ON THE WEST AND IS LOCATED BETWEEN TWELFTH STREET AND VILLA DRIVE, FROM RESIDENTIAL-2 (R-2) AND GENERAL BUSINESS (GB) TO RIVERFRONT, FR-1 RECREATION, ACTIVE AND PASSIVE On second reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 11, 3022 Carolyn Williams __________________________ ORDINANCE NO. 34-11: SECOND READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES LOCATED ALONG THE EAST SIDE OF WATER STREET BEGINNING BETWEEN POWELL AND WASHINGTON STREETS AND CONTINUING TO SIXTH STREET, AND FOR THOSE PROPERTIES LOCATED ON THE WEST SIDE OF MERRITT DRIVE (WATER STREET) BEGINNING AT THE RAILROAD BRIDGE AND CONTINUING TO A POINT BETWEEN FIFTH AND SIXTH STREETS, FROM LIGHT INDUSTRIAL (M-1), RESIDENTIAL-2 (R-2) AND RESIDENTIAL-OFFICE (R-O) TO RIVERFRONT, RF-2 LIGHT COMMERCIAL On second reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin ATTEST: Steve Austin, Mayor Carolyn Williams, City Clerk October 11, 2011  A Regular October 11, 2011 ORDINANCE NO. 35-11: SECOND READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES BORDERED ON THE WEST BY THE OHIO RIVER AND ON THE EAST BY MERRITT DRIVE WHICH ARE LOCATED BETWEEN SIXTH STREET AND TWELFTH STREET FROM RESIDENTIAL-1 AND RESIDENTIAL-2 TO RIVERFRONT, RF-3, GREEN SPACE On second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 11, 2011 ATTEST: Carolyn Williams _________________________ ORDINANCE NO. 36-11: SECOND READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 525 FAIR STREET CONTAINING 1.760 ACRES FROM RESIDENTIAL-2 TO GENERAL BUSINESS WITH A DEVELOPMENT PLAN (CHARLES BRANSON, OWNER) On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 11, 2011 ATTEST: Carolyn Williams  A Regular October 11, 2011 ORDINANCE NO. 37-11: FIRST READING ORDINANCE CLOSING A PORTION OF PUBLIC RIGHT OF WAY APPROXIMATELY 10 FEET WIDE BY 104.67 FEET LONG THAT RUNS IN NORTHEAST DIRECTION BETWEEN 1413 AND 1415 LOEB STREET TOWARD O’BYRNE STREET On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Taylor, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood. Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. _____________________________ ORDINANCE NO. 38-11: FIRST READING ORDINANCE AMENDING THE DEVELOPMENT PLAN FOR PRIOR REZONING #992 FOR PROPERTY LOCATED IN THE CITY OF HENDERSON AT 727 FIRST STREET TO CHANGE PLAN FROM A 4,400 SQUARE FOOT APARTMENT COMPLEX WITH FOUR 2-BEDROOM UNITS TO A 3,600 SQUARE FOOT CONDOMINIUM BUILDING WITH FIVE 1-BEDROOM UNITS (ROBERT CORNBLEET-OWNER) On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood. Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. _____________________________ RESOLUTION NO. 90-11 RESOLUTION AUTHORIZING DONATION OF REAL ESTATE TO HENDERSON COUNTY BOARD OF EDUCATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to adopt the resolution authorizing the donation of real estate located at 1129 Washington Street to the Henderson County Board of Education for the purpose of building a home to be occupied by a low-to-moderate income homeowner.  A Regular October 11, 2011 MR. BRIAN BAILEY, representing Mr. Victor Doty, Director of Career and Technical Education for Henderson County Schools, who is recovering from a hip replacement surgery, introduced Mr. Ronald Spencer and Mr. Kenneth Moyes who are Construction Technology Instructors at the high school. He stated how grateful they were for the city’s generosity of the land donation and helping them carry on with the twenty-five year tradition of building houses and other dwellings across this community. The vote was called. On roll call, the vote stood. Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 11, 2011 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 91-11 RESOLUTION AWARDING BID OF CONTRACT FOR CONSTRUCTION OF APPROXIMATELY 925 LINEAL FEET OF 6’ SIDEWALK IMPROVEMENT ON THE SOUTH SIDE OF SAND LANE (STATE ROUTE 136) FROM WOODLAND DRIVE TO FAIRGROUND LANE, TO HAZEX CONSTRUCTION COMPANY, INC., OF HENDERSON, KENTUCKY IN THE AMOUNT OF $153,931.00 MOTION by Commissioner Pruitt, seconded by Commissioner Farmer, to adopt the resolution authorizing the award of a contract to Hazex Construction Company, Inc., for the construction of approximately 925 lineal feet of 6’ sidewalk on the south side of Sand Lane from Woodland Drive to Fairground Lane in the amount of $153,931.00. COMMISSIONER FARMER asked Mr. Buzzy Newman, Assistant City Manager, if after the initial contact was made with the Henderson County School System and the Housing Authority of Henderson County, did you inquire if they wanted to participate in adding 240’ of sidewalk from Madison Street to South Heights Elementary School, and did they want to discuss a cost sharing of $21,082.00? Mr. Newman said that he had not received feedback from them yet but expected to hear something after schools are back in session. Mr. Newman continued by saying that this resolution would be Phase I. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood. Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye:  A Regular October 11, 2011 WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 11, 2011 ATTEST: Carolyn Williams, City Clerk ____________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that there would not be a Work Session on October 18th but the lone item scheduled for the work session would be presented at the October 25th regular meeting. ____________________________ COMMISSIONER’S REPORT: COMMISSIONER MILLS stated that someone had called him concerned by all of the motorized wheelchair traffic in the Adams Street - Kimsey Lane area, as well as the area by Redbanks. Commissioner Mills asked if that area would qualify for CDBG funding? Mr. Newman said that he would get Ms. Tammy Willett, Community Development Specialist, to investigate the situation. ___________________________ COMMISSIONER PRUITT asked Police Chief John Reed if Henderson had any place where old prescription drugs or drugs that are no longer needed could be disposed? Chief Reed responded that about once a quarter the Police Department was working with DEA because they have a drop-off program and they take care of the disposal of the drugs. Commissioner Pruitt stated that he had just come from the Kentucky League of Cities meeting and they thought it was a big problem. He asked if having a drop-off area at the Police Station where people could drop off medication at any time would work. Chief Reed explained that the plan had been considered but found that the accountability of that and taking control of those drugs and how they make sure that each one gets checked in and disposed of properly would be a big problem. The Police Department has to pay for the disposals that have been turned in. Commissioner Pruitt explained that KLC is saying that if you save one kid from overdosing on Grandma’s old pills, then it would be worth it. He continued by saying that he thought we should take a look and try to find someplace to drop off old medication. Chief Reed said that his department could push to get an answer on this problem. Commissioner Pruitt repeated that he did not agree that putting drop off boxes around was the answer, he stated that he felt that the medication should be taken to the Police Department and the police should be responsible for the medication’s disposal. MAYOR AUSTIN asked if the DEA managed the drop-off at the Wal-Mart stores? Chief Reed explained that the DEA was there and people would bring medicines in and would be placed in a sealed container and DEA took care of the disposal. CHIEF REED continued by saying that there is a incinerator in Indiana where you can take medicines and pay by the pound and if we could partner with a larger agency, it might be feasible. That would necessitate an itemized list including the number of each type of medicine. Auditors need to be present to verify that what we say is getting disposed of is actually what is being disposed. MAYOR AUSTIN asked Commissioner Farmer, who is a pharmacist, if he knew of any of the drug companies that are promoting a practice like this. Commissioner Farmer replied that drug companies did not provide this type of service. He agreed with Chief Reed regarding the proper disposal of unused medications as well as improper  A Regular October 11, 2011 ways. Most pharmacies would be aware of how to properly dispose of medications and would routinely accept medication back that they had dispensed but not on a wholesale basis. Commissioner Pruitt asked if pharmacies only accept returns from their own customers? Commissioner Farmer stated that we are not in the position to take WalMart’s medicine. Commissioner Pruitt added that “we, as a city, should have our own place and not have to go through all of that.” He added that a person should be able to take medications to the Police Station and not have to go through all of the complications. Mayor Austin recommended that staff explore the possibilities and see what might be available. ___________________________ COMMISSIONER FARMER asked the Assistant City Manager, Buzzy Newman, what was the current timeframe on the Green River Road rebuild? Mr. Newman replied that the last conversation with KYTC was three months ago. We were suppose to receive notification regarding the funding for design. He stated that he had not been contacted but would call and ask about the status of that project. Commissioner Farmer explained his concern over the condition of Green River Road and felt that the shoulders would not hold up long enough to get this project through the Transportation Cabinet. Mr. Newman explained that the first year funding would be for design and the second year would be for utility relocation, and it will be the third year out before road work could start. Mr. Newman agreed to check with the Transportation Cabinet on the status of the project and inquire if emergency funding might be available. Commissioner Farmer recalled that the City did accommodate them when they moved the money to Sand Lane so if we remind them maybe they would accommodate us now. Mr. Newman agreed to check with them and relay any information to the Board at the next scheduled meeting or through email. ____________________________ MEETING ADJOURN: Motion by Commissioner Farmer, seconded by Commissioner Mills, to adjourn the meeting. WITHOUT OBJECTION: Mayor Austin declared the meeting adjourned at approximately 6 :20 p.m. ___________________________ Steve Austin, Mayor October 11, 2011 ATTEST: _________________________ Carolyn Williams, City Clerk