Board of Commissioners Meetings

A Regular January 24, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 24, 2012, 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 Pastor Charles Cameron, Ambassador 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. Joe Ternes, City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. Owen Reeves, Gas System Director Mr. Tom Menner, Gas Operations Manager Mr. Robert Gunter, Finance Director Mrs. Kathy Ferrell, City-County Planning Commission Director Mr. Curt Freese, City-County Planning Commission Assistant Director Mr. John Reed, Police Chief Mr. Leason Neel, HWU Chief Financial Officer Mr. Jeff Porter, Extension Agent for Horticulture Mr. Bill Markwell Mr. Shaun Cassidy Chief Bryant L. Woodard, Henderson City/County Rescue Squad, Inc. Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ PRESENTATION: New Fire Station #4 Update FIRE CHIEF, DANNY FROEHLICH AND BUZZY NEWMAN, ASSISTANT CITY MANAGER presented an update on the progress of the new Fire Station #4 using a Power Point program. Mayor Austin asked if the project was on target for completion. Fire Chief Froehlich explained that he expected completion in early April 2012. ____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: January 10, 2012, Regular Meeting Resolutions: Resolution No. 06-12: Resolution Approving Agreement Between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management  A Regular January 24, 2012 MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to approve the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ ORDINANCE NO 01-12: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CANOE CREEK SUBDIVISION-SECTION 8, CONSISTING OF ASPHALT ROADWAY WITH CURB AND GUTTERS, AND SIDEWALK 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 Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO 02-12: SECOND READING ORDINANCE ADOPTING BY REFERENCE THE 2012 EDITION OF NFPA 54 (THE NATIONAL FUEL GAS CODE). AND ALL SUBSEQUENT AMENDMENTS AND ADDITIONS THERETO, AND WITH CERTAIN REQUIREMENTS OF THE CITY OF HENDERSON; AND AMENDING AND/OR REPEALING CERTAIN SECTIONS OF GAS SERVICES PROVISIONS IN CITY’S CODE OF ORDINANCES On second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Taylor, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 24, 2012 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 03-12: SECOND READING ORDINANCE AMENDING PROPERTY ASSESSMENT MORATORIUM ORDINANCE BY DESIGNATING ZONING DISTRICTS WITHIN THE CITY OF HENDERSON WHERE MORATORIUM APPLIES TO INCLUDE CENTRAL BUSINESS (CBD, GENERAL BUSINESS (GB), HIGHWAY COMMERCIAL (HC), RESIDENTIAL OFFICE (RO), NEIGHBORHOOD BUSINESS (NB) RESIDENTIAL OFFICE (R0), NEIGHBORHOOD BUSINESS (NB), AND RIVERFRONT (RF-2), AND ALLOWING DEMOLITION OF EXISTING STRUCTURE IF ECONOMICALLY JUSTIFIED On second reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ ORDINANCE NO. 04-12: FIRST READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 1754 SOUTH MAIN STREET CONTAINING 31,864 SQUARE FEET FROM M-1, LIGHT INDUSTRIAL TO R-4, HIGH DENSITY RESIDENTIAL (SHAUN CASSIDY, OWNER) On first 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 Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 24, 2012 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. 05-12: FIRST READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 1413, 1415, AND 1417 LOEB STREET AND 612 LETCHER STREET CONTAINING 16,546 SQUARE FEET FROM R-3, INNER CITY RESIDENTIAL TO GENERAL BUSINESS WITH A DEVELOPMENT PLAN (STEVE COTTER D/B/A S&P SERVICES, OWNER) On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- 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. 07-12 RESOLUTION ESTABLISHING FEES FOR ANNUAL GAS CART RENTAL AT MUNICIPAL GOLF COURSE MOTION by Commissioner Mills, seconded by Commissioner Taylor, to adopt the resolution establishing fees for annual golf cart rental at Municipal Golf Course. COMMISSIONER PRUITT asked Mr. Brandon Potts, Municipal Golf Course Manager, if he had any plans for including a program for younger kids? Mr. Potts responded that he has already met with the Girl’s High School Golf Coach and plans are set to have “Junior Fridays.” He stated that he intends to have clinic type programs on Friday morning using the high school golf team to set up some stations around the golf course and later in the afternoon take the older kids aside and let them play a round; maybe set up a point system so they have something to work toward during the summer. Brandon continued by stating that he was looking forward to teaching “golf etiquette” to the young golfers. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 24, 2012 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 08-12 RESOLUTION APPROVING FACILITY USE AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE HENDERSON COUNTY COOPERATIVE EXTENSION SERVICE, SPONSOR OF THE FARMERS MARKET, FOR USE OF CITY PROPERTY LOCATED AT CORNER OF SECOND AND WATER STREETS MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution approving a Facilities Use Agreement with the Henderson County Cooperative Extension Service for use of the City’s lot at the corner of Second and Water Streets to conduct the 2012 Farmers Market. MR. JEFF PORTER, EXTENSION AGENT FOR HORTICULTURE, explained that he was more than willing to work with the coordinators of each special event that would block off the streets in the area. COMMISSIONER FARMER asked if Mr. Porter if he had any concerns regarding parking. He replied that there would be less parking and asked if arrangements could be made to allow parking on the boat ramp. Commissioner Taylor stated that during the week, parking on lower Second Street was readily available. COMMISSIONER PRUITT asked how will he intended to check on the seller’s liability insurance? Mr. Porter answered that when they pay their dues, they are charged an annual fee and required them to bring in a copy of their liability insurance. The Extension Service will also add the City as an additional insured on their policy. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk  A Regular January 24, 2012 CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, reminded the Board that there will be a Work Session on February 21st to discuss the mid-year financial report and maybe one or two other items. __________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS stated that he and Commissioner Taylor were having a scheduled City/County Cooperative Study group meeting tomorrow at 3:00 p.m. ______________________________ EXECUTIVE SESSION: PERSONNEL MOTION by Commissioner Farmer, seconded by Commissioner Mills, pursuant to provisions of KRS 61.810(1)(f) that the Board of Commissioners go into Executive Session for the purpose of discussion or hearing which might lead to the appointment, discipline, or dismissal of an individual employee or member. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ MEETING RECONVENE: MOTION by Commissioner Taylor, seconded by Commission Pruitt, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ RESOLUTION NO. 09-12 RESOLUTION APPOINTING ELIZABETH DAWN KELSEY AS STAFF ATTORNEY AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT OF BEHALF OF CITY MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution appointing Elizabeth Dawn Kelsey as Staff Attorney and approval of employment agreement and authorizing Mayor to execute agreement on behalf of City.  A Regular January 24, 2012 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- 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 January 24, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ MEETING ADJOURN: MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, the meeting adjourned 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 6:24 p.m. ___________________________ Steve Austin, Mayor ATTEST: February 14, 2012 _________________________ Carolyn Williams, City Clerk