Board of Commissioners Meetings

A Regular March 27, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 27, 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 Commissioner Alan Taylor, 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 Alan C. Taylor Commissioner Mike Farmer ABSENT: Commissioner Robert N. Pruitt _________________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. William (Buzzy) Newman, Assistant City Manager Mrs. Dawn Kelsey, Staff Attorney Mr. Joe Ternes, City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. Clark Nash, Police Lieutenant Mr. Leason Neel, HWU Chief Financial Officer Mr. Bruce Shipley, HWU General Manager Mrs. Kathy Ferrell, City-County Planning Director Mrs. Beth Strawn, Downtown Henderson Project Mr. Curt Hamilton, Henderson-Henderson County Chamber of Commerce 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: March 13, 2012, Regular Meeting March 20, 2012, Called Work Session Resolutions: Resolution No. 24-12: Resolution Authorizing the Submission of Grant Application to Transportation Cabinet, Kentucky Office of Highway Safety, in the Amount of $26,000 for the Police Department, and Acceptance of Grant if Awarded Resolution No. 25-12: Resolution Authorizing Lease Between the City of Henderson and the Housing Authority of Henderson, Kentucky, for the Dixon Hall Facility Located at 341 South Adams Street, Henderson, Kentucky; and Authorizing Mayor to Execute Same on Behalf of City  A Regular March 27, 2012 Resolution No. 26-12: Resolution Authorizing Lease of Office Space at 1990 Barret Court (Former Peabody Building) to Henderson City-County Planning Commission MOTION by Commissioner Mills, 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 ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ RESOLUTION NO. 27-12 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR SCOTT B. LOGAN FOR PROPERTY LOCATED AT 213 SECOND STREET MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution granting a property tax reassessment moratorium for Scott B. Logan for property located at 213 Second Street, The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 28-12 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR SCOTT B. LOGAN FOR PROPERTY LOCATED AT 219-221 SECOND STREET MOTION by Commissioner Taylor, seconded by Commissioner Robert M. Mills, to adopt the resolution granting a property tax reassessment moratorium for Scott B. Logan for property located at 213 Second Street, The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular March 27, 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 29-12 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR SCOTT B. LOGAN FOR PROPERTY LOCATED AT 223 SECOND STREET MOTION by Commissioner Farmer, seconded by Commissioner Robert M. Mills, to adopt the resolution granting a property tax reassessment moratorium for Scott B. Logan for property located at 223 Second Street, The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 30-12 RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS IN THE AMOUNT OF $128,000 FOR THE NORTH GREEN RIVER ROAD REPAIRS MOTION by Commissioner Taylor, seconded by Commissioner Robert M. Mills, to adopt the resolution authorizing the execution of an agreement between the City of Henderson and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways in the amount of $128,000 to provide for the design phase to upgrade North Green River Road from Osage Drive to Woodspoint Drive. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular March 27, 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, introduced Assistant City Manager, Buzzy Newman and Fire Chief Danny Froehlich. Mr. Newman started by providing an update on the new fire station project saying that construction was still behind schedule and one of the items he wanted to discuss was a time extension on the construction company’s contract. Painting is on-going and ceiling grids are going in and site work was proceeding, Chief Froehlich added that both engine bays were painted and the laying of tile for the floors is supposed to start tomorrow. Heating and air conditioning are in and the first transformer went in today as well as all the curbs were in today. The contract called for a completion date of April 5, 2012, but the contractor is asking for a time extension moving the completion date to April 30, 2012. The contract has a $500 per day liquated damages penalty clause but they are claiming approximately 25 weather delays because of heavy rains in the fall. The second item for discussion is an open ditch beside the fire station. Buzzy asked the contractor what it would cost to extend the pipe through the open ditch and tie it in at the corner of Smith Avenue and Green Street. An inlet box is also in the area and is about eight foot square. The price to lay the concrete pipe in the ditch would be $18,411 and the steel grating to cover the existing inlet box would cost $6,423. In our contract the approved amount for the overall project included a 5% contingency fee that equaled $72,150 is still available. MOTION by Commissioner Farmer, seconded by Commissioner Mills, the Board of Commissioners agreed with both the time extension as well as repair to the ditch and inlet box. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ COMMISSIONER’S REPORT: COMMISSIONER TAYLOR echoed the Mayor’s pleasure regarding the interest being shown due to the tax moratorium. __________________________ MAYOR AUSTIN stated that a couple of weeks ago Henderson had 124 community business and professional individuals that participated in “Operation Preparations” with the 8th grade students at North and South Middle Schools and sophomore high school students at Henderson County High. Each student had to do an individual learning plan (ILP) and this operation worked by sitting sit down with the students and helping them go through their ILP and discussed what courses that were going to be needed. There were thirteen city employees that participated and they had to go through a training session, a security session, as well as helping 3 to 6 students. The following employees participated: Russell Sights, Dawn Kelsey, Owen Reeves, John Reed, Emily Gilliam, Mark Simmons, Danny Froehlich, Troy Brasher, Shane Onstott, Connie Galloway, Sam Lingerfelt, Delanie Tillman, and the Mayor.  A Regular March 27, 2012 REAPPOINTMENT: PARKS AND RECREATION COMMISSION REV. ANTHONY ANGUISH – TERM TO EXPIRE SEPTEMBER 14, 2015 MOTION by Commissioner Farmer, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to reappoint Rev. Anthony Anguish to a 4-year term on the Parks and Recreation Commission. Said term to expire September 14, 2015. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ APPOINTMENT: PARKS AND RECREATION COMMISSION MICHELLE HOPE – TERM TO EXPIRE SEPTEMBER 14, 2015 MOTION by Commissioner Taylor, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to appoint Michelle Hope to a 4-year term on the Parks and Recreation Commission. Said term to expire September 14, 2015. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ EXECUTIVE SESSION: LITIGATION MOTION by Commissioner Farmer, seconded by Commissioner Mills, pursuant to the provisions KRS 61.810(1)(c) that the Board of Commissioners go into Executive Session for discussion 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 ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Farmer, the Board of Commissioners reconvened in regular session.  A Regular March 27, 2012 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ RESOLUTION NO. 31-12: RESOLUTION AUTHORIZING INSTITUTION OF PROCEEDINGS UNDER EMINENT DOMAIN ACT OF KENTUCKY AGAINST JOHN L. WHITE AND SHARON L. WHITE FOR PROPERTY LOCATED AT 124 NORTH MCKINLEY STREET FOR A HENDERSON WATER UTILITY EASEMENT MOTION by Commissioner Farmer, seconded by Commissioner Robert M. Mills, to adopt the resolution authorizing the institution of proceedings under Eminent Domain Act of Kentucky against John L. White and Sharon L. White for property located at 124 North McKinley Street for a Henderson Water Utility Easement 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 ----------------- Absent: 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 32-12: RESOLUTION AUTHORIZING INSTITUTION OF PROCEEDINGS UNDER EMINENT DOMAIN ACT OF KENTUCKY AGAINST BERNARD A. TEETER AND SUSAN M. TEETER FOR PROPERTY LOCATED AT 146 NORTH MCKINLEY STREET FOR A HENDERSON WATER UTILITY EASEMENT MOTION by Commissioner Farmer, seconded by Commissioner Robert M. Mills, to adopt the resolution authorizing the institution of proceedings under Eminent Domain Act of Kentucky against Bernard A. Teeter and Susan M. Teeter for property located at 146 North McKinley Street for a Henderson Water Utility Easement The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Mayor Austin ------------------------- Aye:  A Regular March 27, 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 March 27, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ MEETING ADJOURN: MOTION by Commissioner Farmer, seconded by Commissioner Mills, the meeting adjourned WITHOUT OBJECTION Mayor Austin declared the meeting adjourned at approximately 6:10 p.m. ___________________________ Steve Austin, Mayor ATTEST: April 10, 2012 _________________________ Carolyn Williams, City Clerk