Board of Commissioners Meetings

A Regular November 8, 2011 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 8, 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 Will Campbell, Bennett Memorial United Methodist 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. Joe Ternes, City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. Robert Gunter, Finance Director Mrs. Kathy Ferrell, City-County Planning Director Mr. Bruce Shipley, HWU General Manager Mr. Tom Williams, HWU Director of Engineering Mr. Mark Franklin, Stoll Keenon Ogden PLLC Mr. Bill Polk Ms. Cyndee Burton, Chamber Public Policy Observation Mr. Tom Davis Police Major Frank Cates Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: October 25, 2011, Regular Meeting MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to approve the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular November 8, 2011 ORDINANCE NO. 39-11: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CANOE CREEK SUBDIVISION-SECTION 7, CONSISTING OF SIDEWALKS 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 Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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: November 8, 2011 Carolyn Williams _____________________________ ORDINANCE NO. 40-11: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN STEPPING STONE SUBDIVISION – SECTIONS 5 AND 6, CONSISTING OF SIDEWALKS On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Farmer, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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: November 8, 2011 Carolyn Williams _____________________________ ORDINANCE NO. 41-11: SECOND READING ORDINANCE ADOPTING NEW SECTION 23-31, PRETREATMENT PROGRAM ADMINISTRATION, OF DIVISION 2, SEWER USE REGULATIONS, OF ARTICLE II, IN CHAPTER 23,UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, AND REPEALING EXISTING SECTION 23-31 OF CHAPTER 23 IN ITS ENTIRETY On second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Farmer, that the Ordinance be adopted.  A Regular November 8, 2011 The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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: November 8, 2011 Carolyn Williams ________________________________ ORDINANCE 42-11: FIRST READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES LOCATED AT 330 NORTH GREEN STREET AND 340 NORTH GREEN STREET CONTAINING A TOTAL OF 24,769 SQUARE FEET FROM INNER CITY RESIDENTIAL (R-3) AND CENTRAL BUSINESS DISTRICT (CBD) TO CENTRAL BUSINESS DISTRICT (CBD) (WILLIAM F. JR. AND MARTHA POLK, OWNERS) 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 Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 43-11: FIRST READING ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE ISSUANCE OF THE CITY’S GENERAL OBLIGATION BONDS, SERIES 2011A, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A PORTION OF THE COSTS OF A PUBLIC PROJECT OF THE CITY CONSISTING OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A MUNICIPAL FIRE STATION; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE SERIES 2011A BONDS ARE TO BE ISSUED AND OUTSTANDING; ORDERING AND PROVIDING FOR THE LEVY OF AN ANNUAL TAX, TO THE EXTENT NECESSARY, SUFFICIENT TO PAY THE INTEREST ON AND PRINCIPAL OF THE SERIES 2011A BONDS; AND PROVIDING FOR A PUBLIC SALE OF THE SERIES 2011A BONDS AND THE APPLICATION OF THE PROCEEDS THEREOF On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Farmer, that the Ordinance be adopted.  A Regular November 8, 2011 The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 44-11: FIRST READING ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE ISSUANCE OF THE CITY’S GENERAL OBLIGATION BONDS, SERIES 2012A, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A PORTION OF THE COSTS OF MAJOR MUNICIPAL SANITARY SEWER ADDITIONS AND IMPROVEMENTS; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE SERIES 2012A BONDS ARE TO BE ISSUED AND OUTSTANDING; ORDERING AND PROVIDING FOR THE LEVY OF AN ANNUAL TAX, TO THE EXTENT NECESSARY, SUFFICIENT TO PAY THE INTEREST ON AND PRINCIPAL OF THE SERIES 2012A BONDS; AND PROVIDING FOR A PUBLIC SALE OF THE SERIES 2012A BONDS AND THE APPLICATION OF THE PROCEEDS THEREOF On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, 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 Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 45-11: FIRST READING ORDINANCE AMENDING CITY OF HENDERSON PERSONNEL SCHEDULE FOR FINANCE DEPARTMENT IN THE 2011-2012 CITY BUDGET BY DELETING ONE (1) FULL TIME ACCOUNT REPRESENTATIVE AND ADDING TWO (2) PART TIME ACCOUNT REPRESENTATIVES On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. COMMISSIONER TAYLOR asked Mr. Robert Gunter, Finance Director, how the salary package of one full time account representative compared to two part time account representatives. Mr. Gunter answered that there should be some savings with part time employees because health benefits and pension costs would not apply.  A Regular November 8, 2011 COMMISSIONER PRUITT stated that the only thing that was being saved were the benefits. Mr. Gunter agreed. Mr. Gunter added that this practice has been used in the Codes Department as well as the Parks and Recreation Department with success. COMMISSIONER MILLS added that this was not a new policy and we are just repeating the process of saving money. COMMISSIONER PRUITT asked if our finances are at the point, after we switched one million dollars worth of savings come January 1, 2012, on to the backs of the city employees and are still in dire straits; economic disaster and calamity that we have to split a person who would get benefits; like insurance and other things that would go in there just to have two part time people working more hours than we would if we hired one full time person. COMMISSIONER FARMER added that he felt that was called management and Commissioner Mills agreed. COMMISSIONER PRUITT stated that he was talking to Mr. Gunter and not other members. Mr. Gunter said that he would not agree with the descriptions used by Commissioner Pruitt using words like catastrophe and he was looking to do his part in saving the City some money. Commissioner Pruitt asked if Mr. Gunter was looking at anything that he could do to save the City some money and not really looking at how it affects the city workers? COMMISSIONER FARMER asked Mr. Gunter if there was a person in that position at the present? Mr. Gunter said that position has been vacant since August 2011. After asking if he felt that the two part time employees would increase the efficiency in that department as well as reduce expenditure and Mr. Gunter answered affirmatively on both questions. COMMISSIONER PRUITT asked if he could speak now and continued by asking Mr. Gunter if he wanted to put two people that are going to work more hours, with no benefits, compared to one employee who would be getting benefits. Commissioner Pruitt continued by asking if Mr. Gunter felt like that was the direction the City should be going and that is how we should be running our city by looking for people who are going to work part time and don’t receive benefits? Mr. Gunter stated that he would like to try this plan in the Finance Department. Commissioner Pruitt asked if Mr. Gunter received benefits? Mr. Gunter answered that he did. MAYOR AUSTIN added that we are seeing this same thing in most progressive businesses that need to cover more hours and reduce expenses and it has worked well in other departments and believed that this was the correct direction to go. Mayor Austin applauded Mr. Gunter for taking the initiative to move forward on things like this. COMMISSIONER MILLS added that he felt that it was fair to say that the pressures of the costs of retirement and benefits are what is pushing city governments to do this. It is the same pressures that businesses are seeing and he felt that it would not get better until someone in Frankfort makes some decisions on pensions and we get some relief on health insurance. He continued by saying that this is the way of the future with government to do more with less. COMMISSIONER PRUITT stated that the City had just received one million dollars of relief by changing the health plan. COMMISSIONER MILLS said that we need to remember who we are representing and whose money we are spending. This is the public’s money and this is taxpayers’ money and it is our job to do everything we can to squeeze every bit of service and benefit to the community out of that money that we are here to use and to manage. Commissioner Mills stated that he applauded Mr. Gunter for looking into the savings.  A Regular November 8, 2011 COMMISSIONER FARMER added that he wanted to applaud the staff for looking at new ways to improve our service while saving us a little bit of money. He continued by saying that in his business, he has employed a lot of part time people and knows that there is a tremendous efficiency to it and you can dove-tail some of those employees into hours that just won’t work out for full time people. He applauded Mr. Gunter’s recommendation. COMMISSIONER PRUITT stated that he had the utmost respect for Mr. Gunter and for him to not take it personally but “I don’t applaud you” because what he says is that he thinks that if a person comes to work and works 30 hours; then that person needs some benefits. He added that he did not think that government or other companies should be hiring or splitting up four people so they don’t have to pay benefits because people come down with cancer or their kids come down with cancer and somebody needs benefits. If we are going in this direction, we are going down a slippery slope. He continued by asking if the City wanted to hire part time policeman so we don’t have to pay them benefits or do we want to start hiring part time garbage men so we don’t have to pay them benefits? Commissioner Pruitt continued by saying that he did not think that was the direction a city government should be going in and this commission and this Mayor seems to be going down that slope every day. He said that he thought we were going in the wrong direction and maybe he was a narrow-minded City Commissioner but one thing about it is that I am narrow minded for the best interest of the working person. Continuing, he added that if it were his son or my wife or you and you worked for the City of Henderson, I think that you deserve benefits so if you get sick, you need to have coverage and not to work out some kind of scam so the city does not have to pay you. That’s not the American way and he does not think that the City is going in the right direction. He told Mr. Gunter that he respected him but it is your job. COMMISSIONER FARMER asked Mr. Gunter if these positions would have health care benefits? Mr. Gunter responded that they would not. He continued by saying that what we are hoping to do and he did not mean for it to be a scam, and we will make it perfectly clear going in that this does not offer benefits so that those who apply and/or interview for the job and get the job, these people know that this does not offer benefits so we are hoping that if we should have an opening, a full time position, we have someone who can step right into that position. COMMISSIONER FARMER stated that this may be an Human Relations question but at 30 hours per week, if for some reason we had to lay one of these people off, would they be subject to unemployment benefits? Mr. Gunter replied that they will be Civil Service and have all that protection so the answer is yes but I would defer to Human Relations. MR. RUSSELL R. SIGHTS, CITY MANAGER, agreed that he would defer to Human Resources and if the answer is different we will let you all know by email but it would be his position that if they are on your payroll for more than ten weeks at any salary, let could draw at least a pro-rata benefit. He does not feel that they would be exempt from unemployment. Mr. Sights stated that he did applaud Mr. Gunter for bringing this recommendation to the Board. One reason if that this Board is challenged us as a staff to become more efficient in providing services to the citizens of this community. This proposal will do that. We are not authorizing by this resolution or are we recommending the elimination of any position that is filled at this time. This is a vacancy. Mr. Gunter looked at the options he had available for filling that vacancy. It is not like we are eliminating all positions and cutting everything in half. When we have a vacancy, it is our challenge to look at some alternatives. We do find also that there is a market out there of people who do not need benefits or some people like to work one-half a day or two and one-half days a week. After taking all of that into account, we think we are making a prudent recommendation to you tonight.  A Regular November 8, 2011 COMMISSIONER PRUITT added that now, he was confused. He continued by saying that Robby said that these two part time people will be ready to go into a full time job when it comes open. We have a full time job open and now you are going into part time people, so there is something wrong here. We all understand what is going on here, they are not setting up to go into a full time job. If this works out and it is saving the City money, why would you hire a full time person with benefits when this part time job is just what you set up. He stated that he was a little confused. COMMISSIONER MILLS explained that when another full time position opens up, they could bump up to a full time position. They would be kind of a trainee and it would be a training pool of employees. Part time employment is a fact of life in business culture today. MAYOR AUSTIN added that where it makes sense and where it serves our public. I think our public expects its elected officials to work as efficiently as possible. People tell me that it is expected of me and the Board. COMMISSIONER PRUITT asked if the Mayor said that the public expected this Board to be a efficiently as possible. They didn’t say anything about working people in a way to not give them benefits. He does not think that the public considered that being efficient. MAYOR AUSTIN suggested that Commissioner Pruitt talk to his constituents and he would talk to his. The citizens that the Mayor serves look to us to be efficient in all that we do. COMMISSIONER PRUITT responded that his people/constituents don’t see it that way. MAYOR AUSTIN asked “Did you say my people?” COMMISSIONER PRUITT said that “my voters, they don’t see it that way.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Nay: 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. 101-11 RESOLUTION AUTHORIZING CITY STAFF TO ADVERTISE FOR BIDS TO CONTRACT FOR PORTION OF CITY UTILITY METER READING MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution authorizing City staff to advertise for bids to contract services for a portion of utility meter reading. MR. ROBERT GUNTER, FINANCE DIRECTOR, explained that there was one vacancy in the Meter Reader department. Preliminary discussions with a representative  A Regular November 8, 2011 from a private sector meter reading service indicate that it might be possible to achieve a savings based on the monthly reading of all 33,400 meters. Currently, one Meter Reader position is vacant so the contract would only cover approximately one-fourth the total or 8,400 monthly readings. COMMISSIONER PRUITT asked Mr. Gunter if when he tells someone that you work for the City of Henderson and the city workers that drive around with the City Seal on their car and they have a reputation and people have grown and come accustomed of understanding what that means. It means character operation, government operation, and it means safety and it means a whole lot of things. It says that they are people they can depend on and people they can trust and now you are going to bring a middle person in that we don’t know anything about and we are going to have them going into people’s homes and they are supposed to say just come on in my gate and read my meter. Commissioner Pruitt continued by asking if Mr. Gunter knew anything about how they are going to vet their people and who they hire. We don’t know anything about that, do we? COMMISSIONER FARMER added that he thought the City could spell all that out in a contract. COMMISSIONER PRUITT continued by saying that what he was trying to get to was that we have a middle person in now; the people who are paying the bills have got a middle person. When they have problem or whatever goes down, they know that the City of Henderson is responsible and will fall on Russell’s shoulders because the buck stops with the City Manager. Now we have someone in Evansville or maybe St. Louis who is running a little operation that goes around to tell them what to do and whatever. Commissioner Pruitt added that here was another thing. You say you are going to only save a nickel per meter and now, if it works, you are going to get rid of all the other meter readers. This tells me that you are going down the slope of “let’s get rid of as many City workers as possible.” “ That’s what it look like to me; the people that I represent.” “The City government of Henderson is going after the city workers to eliminate them, that’s the way it looks to me.” Commissioner Pruitt added that it did not look like you are setting up people so they can move into another job with benefits but looks like you are looking for jobs that are done by other people without benefits. “That’s my opinion.” COMMISSIONER TAYLOR stated that he would like to respond that Commissioner Pruitt just made the announcement that he only represents 400 people and I represent approximately 27 thousand taxpayers. He said that he has not talked to one who wants their taxes raised and every efficiency, every savings that we set here and come up with is what they elected us to do and there is nobody losing a job here because the job is vacant at this point and these people have a track record that we have already looked at and we are still accountable, by means of a contract, and I have no idea what you are talking about. COMMISSIONER PRUITT answered that since you said, that he did not know of and said that Commissioner Taylor really had him in space now by saying that I have 400 people. COMMISSIONER TAYLOR continued by saying “That’s what you said, you said that you were representing City employees.” COMMISSIONER PRUITT said “What I said was my people so you need to go back and check the record.” “Now, having said that, Robert we are going in a direction of, not that we are trying increase workers and giving them benefits, it seems like we are going and cutting their benefits; would you agree with that?” MR. GUNTER answered that it was not his intent to contract out all of the City’s work. There are certain jobs that are obviously ideal for this so we contract our mowing  A Regular November 8, 2011 out, we contract the cleaning of Canoe Creek, the cleaning of the basins at the landfill, we contract that work out. COMMISSIONER PRUITT replied that those jobs are a different type jobs and we are going to have Hazex and we understand that part. “What I’m trying to say to you is, these jobs are City jobs that have been established by the City government; these jobs are here.” “Now, what you are trying to do is take jobs like; why don’t we just do garbage trucks, why don’t we go out and contract for private services for policeman?” MR. GUNTER responded “like I mentioned yesterday, I want to try this for this position and if it doesn’t work I will be back here asking to fill it.” COMMISSIONER PRUITT answered “Tell me one of the main reasons besides we are going to save a nickel, that you are going to do that.” “I need to know why you are wanting to do this, is it money or don’t want to pay benefits, I need to know why you think we should privatize – has it not been working well? Our meter readers are making mistakes or I need to know that.” MR. GUNTER said that the meter readers that we have I will put up against any other meter readers out there. They are “A” class group. He stated that he would like to do his part saving the City some money and I think this is a step in the right direction. COMMISSIONER PRUITT responded “So we are saving it on the meter readers backs first.” COMMISSIONER FARMER added that we have saved on other backs years ago (Commissioner Pruitt said “I know we have.”) Commissioner Farmer continued saying that years ago the employees used to do our own mowing and now we hire mowing contractors to do all of our mowing work because we get quality service at a reasonable price that saves the City money. He added that he thought we give these people, Robert- Russell, we give our management staff a charge to be as efficient as they can be and part of that charge is an efficiency to do the job with the least amount of cost. They have responded to that charge with two different ideas tonight and without going out and asking all of our meter readers leave their jobs, they have proposed using approximately one-fourth of our customer base to test the water with private contractors. I think it is an excellent idea and again I applaud staff for looking for ways to continue the efficient operation at a lesser cost. I think we are charged to do that as government and we have to be responsible to those 27,000 people out there to pay the bill. If those same 27,000 people were doing this in their home budget and found that they could do it for a lesser cost and receive a similar service, they would be doing that too. COMMISSIONER PRUITT responded that he had more respect for those 27,000 and people that I meet when I knock on doors, we’ll be putting people out of work and cutting people’s benefits so that they can have two part time workers instead of being able to get them health care. That’s 27,000 people that I knock on their doors that talked to me and those people would be wanting people to be working with no health care so maybe there are some commissioners who think they do. COMMISSIONER FARMER replied that if they are running a business and employing people, they are looking for every way they can to increase efficiency and save. COMMISSIONER PRUITT added that he did want to say one thing, “Robert, when you look at all of that and there is going to be a (say it works out good) sooner or later we are going to eliminate all meter readers if it works out good as far as I see it, right? COMMISSIONER FARMER responded “then I will say it for Robert, I would certainly support that move.” Commissioner Mills agreed.  A Regular November 8, 2011 COMMISSIONER PRUITT stated “Let’s just go with that, that you are going eliminate them so the savings, don’t you think the savings should be in a rebate check to the taxpayers who pay the bills?” “Whatever we save, shouldn’t we have that written in concrete that we are going to give the people who pay the bill whatever the savings is, back to them in a rebate check.” “Now, that’s city government, giving the people their money back who pays the bill, not taking the money and buying $400,000 lots that we don’t need.” MAYOR AUSTIN answered Commissioner Pruitt by saying that if things go well this year in the city budget; we are going to end the year $500,000 in the hole with our revenue vs. our expenses and that is only if things go well. Our community and our citizens expect us to be very efficient in doing business with their money. What we are trying to do is get back where the City is running on an even basis. I would be tickled to death if we were running at a major surplus year to year and could rebate something. COMMISSIONER PRUITT responded “Here’s a couple of things that make things go bad. “When you build things that you don’t have to build, you could save that money.” “When you buy one-half a million dollar lots, that makes things go bad. “ “So, there are other ways to make things go good besides what you are talking about so that means managing government and what I mean by that is the people want the savings that we are going to save, those people deserve their money back.” “That’s what I think now I don’t know what your people think.” MAYOR AUSTIN stated that we are managing government when we take an initiative to increase our services to do a better job for our community and we spend money to do that, just like we are spending a lot of money and we have a thing coming up in a minute where we are going to take obligations for the Canoe Creek cleanout. That’s money well spent for our community. COMMISSIONER PRUITT said “That’s great and then you know I was the first one who went to Washington DC and I was on board” COMMISSIONER FARMER said “You were not the first one to go up there buddy, some of us went up there a long time before you.” COMMISSIONER PRUITT added “You didn’t come back with nothing though, but here’s the thing.” MAYOR AUSTIN asked Commissioner Pruitt what he came back with? COMMISSIONER PRUITT said “When I got back, what they bring back, Nine Hundred and some thousand dollars when I got back because the people who usually went brought nothing back with you?” MAYOR AUSTIN said “You didn’t bring nothing back with you.” COMMISSIONER PRUITT said “but it came because of the trip that was made.” MAYOR AUSTIN added “that was not because or you.’ COMMISSIONER PRUITT said “I wouldn’t be for sure about that.” “I’m very persuasive.” MAYOR AUSTIN added “My opinion---Commissioner Pruitt interrupted to say “your opinion is just like everybody else, we all got one.” Mayor Pruitt continued that by talking to people up there, my opinion is, it was because of a lot of different reasons and because of the need for identified need for this community.  A Regular November 8, 2011 COMMISSIONER PRUITT said “Well, I’m sure of that but I was the one that went, did you go—No.” “But here is what I want to tell you Mayor, since you brought that up, about this and that in management and this and that.” “You mean to tell me that we can spend thousands of dollars to send somebody to The Netherlands.” “And you call that business management.” “This is taxpayer money and you are going to have vacations on sending somebody to The Netherlands and give them $10,000 and then send a couple of people probably, I don’t know and you guys are going to have a good time and you want to cut a meter reader and take his benefits. MAYOR AUSTIN stated that Commissioner Pruitt went to Washington, DC just this year and you were up there shaking hands with Michelle Obama. Commissioner Pruitt said “Michelle and was close to Barak too.” The mayor asked “who paid for that?” Commissioner Pruitt agreed that the taxpayers paid of Henderson paid for that but that’s the trip that we go and like you said it brought back almost a million dollars to fix Canoe Creek for the people of Henderson.” Mayor Austin stated that Commissioner Pruitt did not bring back anything. Commissioner Pruitt said, “Now you tell me, when you go to Netherlands I want you to bring back almost a million dollars. Mayor Austin said “we may bring back over a course of five years we may bring back twenty million dollars.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Nay: 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 November 8, 2011 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO.102-11 RESOLUTION OF CITY ACCEPTING FINANCIAL RESPONSIBILITY FOR COSTS EXCEEDING GRANT FUNDS FOR CANOE CREEK REGIONAL STORM WATER RETENTION BASIN PROJECT MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution that acknowledges that the City will be financially responsible for costs exceeding the Economic Development Administration grant funds for the Canoe Creek Regional Storm Water Retention Basin Project. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. COMMISSIONER PRUITT asked Assistant Manager Buzzy Newman how much was left of the initial Nine Hundred and some odd thousand dollars that was used to work on Canoe Creek? How much, if any, and where is that going to be directed to, and was Mayor Steve Austin in the group that went Washington, DC to get that grant?  A Regular November 8, 2011 COMMISSIONER MILLS stated that he did not think that we need to run up our arguments or disagreements through city staff. That puts a lot of pressure on our staff. COMMISSIONER PRUITT said that he would refrain that question and he wanted us to know that he was a part of the trip that brought that money back three months later. He asked Mr. Newman was aware of that? ASSISTANT CITY MANAGER, BUZZY NEWMAN, went on to say that the EDA grant that we received came through the U.S. Department of Commerce. We submitted a grant COMMISSIONER PRUITT stated “I just wanted everyone to know that, for the record, City Commissioner Robert Pruitt was the only one there, because some of the others that were suppose to go but since I got elected, I think they chickened out.” ASSISTANT CITY MANGER, BUZZY NEWMAN, continued to answer the other question; we did a $1.25 million grant from the EDA about 18 months ago. Part of that grant had a 20% match by local monies. The status of the project was to initially widen the section of Canoe Creek from Second Street overpass all the way down to Old Madisonville Road. Because of the price that we got for the contract, we had enough funds available to go an additional two to three miles further down from Old Madisonville Road, which we did. We still had money left over and are currently now widening Canoe Creek down off of Rocks Road which is part of the City owned Hoge Farm. Hopefully, that contract will conclude by the end of December, in fact our agreement with the EDA calls for completion by the end of this year. To answer your question, this is another grant we are applying for through the same pot of funds that have been allocated through Congress so we are competing with others communities so we have gone through the grant application process and there are some things that we now have to answer to the EDA to finish our application review. MAYOR AUSTIN said that, through his observation, he felt that we got this money through having good grants, a good proposal, and knew what was needed to help this community and the grant writing and presentation brought us the funding and he appreciated the work that the staff has done for the last three years. COMMISSIONER FARMER added that he thought this was an excellent example of our city and county working together because this Canoe Creek project has been something we have held hands with County Government and worked together and coordinated grant monies and benefits. The County had some opportunities for some grant monies that the City did not have. As far as anyone who has anything to gain by this, above all, the citizens will gain from this and he was not looking for any personal political gain out of serving my citizens. COMMISSIONER MILLS continued by saying that about six years ago we had a City-County meeting and Judge Watkins stood up and said we all need to get on the same page because our community needs to be on the same page if Canoe Creek is a priority. We got together on an agreement and communicated that agreement to state and federal officials. Nothing happened for one or two years but that need for repairs and maintenance on Canoe Creek continued to be echoed by everybody that represents this community. When you shook hands with Ed Whitfield or saw Mitch McConnell there was a lot of people from our community that had different contacts and he stated that the challenge of leadership in our community by making our needs known. He thinks it is making the needs known and having our needs met in that particular area by federal, state, and local governments in a team effort. “I think it is egregious for Commissioner Pruitt to say that he brought money back because there has been a lot of efforts that has been put forward by many people.” “It goes back to the old adage that there is no I in team.” Our community is about team work for our community and not I, I, I.  A Regular November 8, 2011 COMMUNITY PRUITT “ I commend the team is about tax payers, the 27,000 people in Henderson, that is who I think team is about, not by Robby Mills’ tax break. The vote was called. On roll call, the vote stood. Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 November 8, 2011 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 103-11 RESOLUTION AUTHORIZING CONTRACT WITH ENVIRONMENTAL ENTERPRISES, INC. (EEI) OF CINCINNATI, OHIO, TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION IN CITY SUBJECT TO APPROVAL OF CONTRACT BY ASSISTANT CITY MANAGER MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution authorizing the award of a contract to Environmental Enterprises, Inc. (EEI), Cincinnati, Ohio, to provide collection, transportation, recycling and disposal services for a Household Hazardous Waste Collection Day to be conducted on December 10, 2011. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood. Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 November 8, 2011 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 104-11 RESOLUTION AUTHORIZING AWARD OF CONTRACT TO AMERICAN STRUCTUREPOINT, INC., FOR CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES FOR BID PACKAGE #1 OF THE RIVERFRONT IMPROVEMENT PROJECTS  A Regular November 8, 2011 MOTION by Commissioner Mills, seconded by Commissioner Taylor, to adopt the resolution authorizing the award of contract to American Structurepoint, Indianapolis, Indiana, for construction inspection and materials testing services pursuant to Kentucky Transportation Cabinet requirements for the Riverfront Improvement Projects. The vote was called. On roll call, the vote stood. Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 November 8, 2011 ATTEST: Carolyn Williams, City Clerk ___________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, announced that the Work Session scheduled on November 15, 2011, is cancelled. MAJOR DAVID PILLER explained that Chief John Reed was unable to attend the meeting but he asked Major Piller to pass information regarding the prescription drug disposal program. He has check with several other communities and the practice of dropping old prescription drugs off at the pharmacies. There are issues with that alternative that make it unavailable as an option. Chief is looking at other alternatives and asked for more time to research the possibilities. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT stated that” the 26,000 to 27,000 people of Henderson that he knows do not want their city government to be finding ways to jiggle things so that cheat someone out of health benefits.” “I think once we start down that slope, that’s a real slippery slope and I think we will get to a point where we can find a whole lot of jobs that we could eliminate as far as having private people do it and save us a lot of money but I don’t think we would have the reputation, the character and what the City of Henderson represents.” “I think all of that is a bad decision and I think maybe this Commission may look at it a little more serious before we head down that slippery slope.” MAYOR AUSTIN pointed out that Commissioner Pruitt used two word tonight— jip and scam in talking about what our department heads and management are trying to do to save our citizens money. Mayor Austin asked City Attorney, Joe Ternes, if there is anything that has been done tonight that, in your opinion, represents a jip or a scam? Mr. Ternes replied “absolutely not.” COMMISSIONER FARMER asked Mr. Robert Gunter, Finance Director, when we advertise for bids, do we have in most categories, a list of approved vendors that we send bid packets to and then also advertise bids in local newspaper publications? Mr.  A Regular November 8, 2011 Gunter answered that the City does not have a list of approved vendors, we just have a list of vendors. We have phone calls all the time asking to be added to the list. Commissioner Farmer continued that a person can get added to that list with a phone call, they can read the local newspaper, or they can go on the City’s web site to see what items we have out to bid. COMMISSIONER PRUITT asked Mr. Gunter if people are able to call up get on the list to be a Meter Reader right now. Mr. Gunter replied that he already has three vendors on that list. Are they private companies calling to be meter readers? Are they calling to be garbage collectors and all of that and policemen? Mr. Gunter replied “I’d rather not be dragged into your little party here, OK.” Commissioner Pruitt said “You’re already in it, you are in it head up.” Commissioner Farmer asked if he could complete his turn. Mr. Pruitt replied “Well, I could give that to you but you never give it to me.” “Mr. Farmer, go ahead.” Commissioner Farmer stated that the first thing that he did not want to do is to use my time to revisit our agenda tonight but I would like to pass to our staff my apologies for the way that you have been treated by this Commission and I would like to tell you what a good job you do and appreciate the professionalism that all of you when your approach your job and he takes a great deal of pride in the staff for the great job that they do and appreciates the staff daily. COMMISSIONER MILLS states that he is reminded of a time when our discourse in City government and County government hasn’t all been civil and it is starting to remind that tonight. It could be funny to laugh at but the unfortunate thing is that we very well could have an industrial client or someone who is interested in doing something in our community see the news tomorrow and see that City government is fighting amongst itself. He stated that he felt that was dangerous when started doing that and when we try to promote ourselves over our community. He said that this was dangerous and he did not want to see us end up like that. Commissioner Mills said that he had too much respect for the office that he holds and position that we all hold in our community to do that. He stated that it was obvious that we have intellectual disagreements on how city government should operate and that is healthy but to make personal barbs at our staff members and call things cheat or scamming our citizens is not anybody’s intent here tonight. Unfortunately, our city government is 80% to 90% personnel costs and you can only cut and save so many paper clips and sticky notes before we get into personnel costs. This year we have gotten into personnel costs and it is not fun and I don’t like to walk down the street and have city employees who used to be friends of mine not talk to me. It’s tough but that’s what we put our name on the line for; to make the tough decisions. I’ll never back down from making tough decisions and everybody up here and if I go down in flames a year from now in the elections, so be it. I served my community but I think it is important for us to have some decorum in our disagreements and points and it is important for us not to drag the staff in because that puts pressure and you don’t know how much pressure is on a city employee when they step up to that microphone. They put hours of preparation in giving us numbers that sometime we just flippidly disregard. It is important to give them respect and if we have disagreements among ourselves and settle among ourselves and not drag staff into it. He stated that he had another very good presentation tonight that was going to highlight another intellectual disagreement that we may have but won’t dare bring it up because it is poor timing and we can talk about it another time. It just goes to show you that when everyone gets on edge and nobody profits on a night like tonight. Saying things that are unprepared and getting upset is not the way to govern our community.  A Regular November 8, 2011 MEETING ADJOURN: Motion by Commissioner Farmer, seconded by Commissioner Mills, to adjourn the meeting. The vote was called. On roll call, the vote stood. Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the meeting adjourned at approximately 6:40 p.m. ___________________________ Steve Austin, Mayor ATTEST: November 22, 2011 _________________________ Carolyn Williams, City Clerk