Board of Commissioners Meetings

A Regular February 14, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 14, 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 Reverend Anthony Anguish, Mt. Olivet 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. Robert Gunter, Finance Director Mr. X. R. Royster, Public Works Director Mrs. Connie Galloway, Human Resources 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. Tom Williams, HWU Director of Engineering Mr. Shaun Cassidy Mr. Tom Davis 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: January 24, 2012, Regular Meeting February 6, 2012, Called Meeting Resolutions: Resolution No. 11-12: Resolution Approving HART Small Business/Disadvantaged Business Enterprise Plan  A Regular February 14, 2012 MOTION by Commissioner Pruitt, seconded by Commissioner Farmer, 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 04-12: SECOND 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 second reading of the Ordinance, it was moved by Commissioner Mills, 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: 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 February 14, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO 05-12: SECOND 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 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 Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular February 14, 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 February 14, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 06-12: FIRST READING ORDINANCE AMENDING SEC. 23-30, POLLUTANT DISCHARGE LIMITS, OF DIVISION 2, SEWER USE REGULATIONS, OF ARTICLE II, WATER AND SEWER SERVICES, IN CHAPTER 23, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Mills, 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: 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. 07-12: FIRST READING ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 438 FIFTH STREET CONTAINING APPROXIMATELY .548073 ACRES FROM INNER CITY RESIDENTIAL (R-3) TO GENERAL BUSINESS (GB) (ELVIE M. COBB, OWNER) On first reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Farmer, that the Ordinance be adopted. COMMISSIONER TAYLOR asked if that building was suited for child care services. Ms. Kathy Ferrell, City-County Planning Executive Director, explained that the rezoning had to be in place before the interested parties could speak to state officials for approval. She continued by stating that the state will require testing for lead paint exposure, etc. 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 February 14, 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. _______________________ RESOLUTION NO. 12-12 RESOLUTION AWARDING BID FOR REPLACEMENT OF COOLING TOWER AT THE MUNICIPAL BUILDING TO PRECISION COOLING TOWERS, INC., HENDERSON, KENTUCKY, IN THE AMOUNT OF $35,333.00 MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, to adopt the resolution authorizing the award of a contract for turnkey replacement of the municipal center cooling tower in the amount of $35,333.00. 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 February 14, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 13-12 RESOLUTION AUTHORIZING FARM LEASE OF 161.1 ACRES KNOWN AS THE HOGE FARM TO K&D GREENWELL ACRES OF WAVERLY, KENTUCKY, AT $226.00 PER ACRE, AND AUTHORIZING FARM LEASE OF 30.7 ACRES KNOWN AS THE GIBSON FARM TO ISAAC GREENWELL, MORGANFIELD, KENTUCKY, AT $218.00 PER ACRE, BOTH LEASES FOR A PERIOD OF FOUR (4) YEARS MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution authorizing the lease of city land known as the Hoge Farm to K & D Greenwell Acres, Waverly, in the best bid amount of $226.00 per acre year and the lease of land referred to as the Gibson Farm to Isaac Greenwell Farms, Morganfield, Kentucky, in the best bid amount of $218.00 per acre year. Both leases were for a period of four years. MR. BUZZY NEWMAN, ASSISTANT CITY MANAGER, explained that Mr. Doug Boom and the City Engineering Department manages the city’s farm operations including bidding the farms out on various cycles as well as keeping track of all of the fertilizer and lime that is to be applied to the farmlands. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.  A Regular February 14, 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 February 14, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, reminded the Board that there will be a lengthy Work Session on February 21st to discuss the mid-year financial report as well as the Alternative Zoning Approval Request. __________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT thanked Reverend Anthony Anguish for the awesome prayer. ______________________________ COMMISSIONER TAYLOR expressed his appreciation for the opportunity that we were given this past Saturday to attend the “Engage Henderson“ program at South Heights Elementary School and he is looking forward to the next one. _____________________________ COMMISSIONER MILLS said that he attended the “Engage Henderson” program also and thinks that the event is one of the most invigorating things that he has witnessed in the 10-12 years that he has been involved in city government. The sheer aspect of citizens interested in their neighborhood and a community organization would be interested in helping a neighborhood and that everyone has a chance to dream about what could be. One of the best ideas that were talked about was the perceived need for Wi-Fi or internet access for the east end of town. Maybe something like the coverage we allowed to be installed downtown. COMMISSIONER FARMER was encouraged by the attendance of various disciplines along with several area residents. This Board of Commissioners charged the City staff to look at ways that we could provide incentives for Neighborhood Redevelopment. As we get deeper into this, a lot of opportunities could develop for the City to partner with some of these people who are wanting to help with redevelopment. He stated that the City has a lot of talent within our staff in various areas. As this process works to activate the East End area; it is not just going out there and doing things for people but the concept is about mobilizing the community so that it can be self- sustaining. Commissioner Farmer stated that he would like to see us being intentional about providing our City staff to these people to help advise them on anything from what’s available in funding sources to helping them choose target areas that they want to work. He would really like to see us be really intentional about offering everything that the city can, within our assets, to help with this and even to the point that we may want to  A Regular February 14, 2012 designate someone to be a liaison because they are going to have to answer many questions regarding the city. MR. RUSSELL R. SIGHTS, CITY MANAGER, agreed to do that and offered to have a discussion and try to identify the people that need to be on the front line as far as communicating between this group and the City. Hopkinsville was mentioned that has an active program to go into the areas that need to be rehabbed and has an active redevelopment effort there with some unique funding sources. ___________________________ EXECUTIVE SESSION: PERSONNEL AND LITIGATION 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 as well as pursuant to provisions of KRS 61.810(1)(c) for discussions of proposed or pending litigation against or on behalf of the public agency. 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 Pruitt, seconded by Commission Mills, 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. 14-12 RESOLUTION APPROVING APPOINTMENT OF DONALD SUMMERS AS CODES ADMINISTRATOR FOR THE CITY OF HENDERSON MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution appointing Don Summers as Codes Administrator and approval of employment agreement and authorizing Mayor to execute agreement on behalf of City. 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 February 14, 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 February 14, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ MEETING ADJOURN: MOTION by Commissioner Taylor, seconded by Commissioner Mills, 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 6:28 p.m. ___________________________ Steve Austin, Mayor ATTEST: February 24, 2012 _________________________ Carolyn Williams, City Clerk