Board of Commissioners Meetings

A Regular May 8, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 8, 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 Mary Wyre, Methodist Hospital Chaplain, 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 Mr. Joe Ternes, City Attorney Mrs. Dawn Kelsey, Staff Attorney Mrs. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Ms. Kay Mulligan, Revenue Supervisor Mr. Danny Froehlich, Fire Chief Mr. Jerry Long, Assistant Fire Chief Mr. David Pillar, Police Major Mr. Frank Cates, Police Major Mrs. Connie Galloway, Human Resources Director Mrs. Kathy Ferrell, City/County Planning Commission Director Mr. Curt Freese, Assistant Henderson/Henderson County Planning Director Mr. Bruce Shipley, HWU General Manager Mr. Leeson Neel, HWU Chief Financial Officer Mr. Hughes Farmer Mrs. Patsy Thomas Mrs. Mary Alice Springer Mr. Bill Latta , Latta Insurance Mr. Billy Bridwell, Keystone Insurers Mr. Jonathon Papp, Keystone Insurers Mr. Tom Davis Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ RECOGNITION OF VISITORS: MR. HUGHES FARMER, stated that he wanted the City to make a four-way traffic stop at the intersection of South Elm and Jefferson Streets. He claimed that this intersection has a very steep hill and was a dangerous intersection and he was aware of a street sign and a fire hydrant being knocked over several times.  A Regular May 8, 2012 MR. RUSSELL R. SIGHTS, CITY MANAGER, explained to Mr. Farmer and the audience that any request of that nature goes to the Evansville Metropolitan Planning Organization, which is the transportation body for this whole region. They will do an analysis of traffic wrecks for at least a five-year period and recommend any changes that need to be made. _______________________________ PROCLAMATION: “MAJOR GENERAL SAMUEL HOPKINS AND WAR OF 1812 BICENTENNIAL DAY OF REMEMBRANCE” MAYOR AUSTIN proclaimed the 19th day of May 2012, to be “MAJOR GENERAL SAMUEL HOPKINS AND WAR OF 1812 BICENTENNIAL DAY OF REMEMBRANCE.” Mrs. Mary Alice Springer and Mrs. Patsy Thomas were presented the proclamation. _______________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: April 24, 2012, Regular Meeting MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to approve the Consent Agenda. RESOLUTION NO. 38-12 RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR FUNDS IN THE AMOUNT OF $41,300 TO PURCHASE SIXTY-ONE (61) PATROL RIFLES AND ACCEPTANCE OF GRANT IF AWARDED; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS AND TO ACT AS AUTHORIZED CORRESPONDENT FOR THE PROJECT MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to adopt the resolution authorizing the submittal of a grant application to the Kentucky Office of Homeland Security (KOHS), and upon approval to execute any documents which are deemed necessary to facilitate and administer the project. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk  A Regular May 8, 2012 RESOLUTION NO. 39-12 RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2012-2013 CDBG ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to adopt the resolution authorizing the submission of the City’s 2012 Action Plan to the U. S. Department of Housing and Urban Development The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 12-12: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN SOUTHRIDGE SUBDIVISION, SECTIONS 1 & 2, CONSISTING OF SIDEWALKS On second reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Taylor, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Abstain: 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 13-12: SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF HENDERSON BY ADOPTING PROVISIONS OF KRS 100.2111 WHICH PROVIDE THAT RECOMMENDATION OF PLANNING COMMISSION REGARDING ZONING MAP AMENDMENT SHALL BECOME FINAL UNLESS WITHIN TWENTY-ONE (21) DAYS THE BOARD OF COMMISSIONERS OR AN  A Regular May 8, 2012 AGGRIEVED PARTY NOTIFIES PLANNING COMMISSION THAT THE BOARD OF COMMISSIONERS SHALL MAKE THE FINAL REZONING DECISION On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Farmer, 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 Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 11-12: SECOND READING ORDINANCE AMENDING SECTION 2-212 OF ARTICLE VI. PERSONNEL; BY ADOPTING REVISED RULES AND REGULATIONS FOR EMPLOYEES OF THE CITY OF HENDERSON MOTION by Commissioner Taylor, seconded by Commissioner Farmer, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 14-12 ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN MOUNTS AND DANNHEISER SUBDIVISION – LOT 3B, CONSISTING OF CONCRETE SIDEWALKS On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Taylor, that the Ordinance be adopted.  A Regular May 8, 2012 The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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. 15-12 ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTY LOCATED AT 335 HWY. 41 SOUTH CONTAINING 30,421 SQUARE FEET FROM MEDIUM DENSITY RESIDENTIAL DISTRICT (R-2) TO HIGHWAY COMMERCIAL DISTRICT (H-C) (Palmer Operations, LLC, owner) On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Taylor, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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. 40-12 RESOLUTION AWARDING CONTRACT FOR MANAGEMENT OF CITY OF HENDERSON HEALTH BENEFITS PROGRAM, AND APPROVING STOP-LOSS COVERAGE MAYOR AUSTIN introduced Mr. Billy Bridwell with Keystone Insurer and Mr. Bill Latta, Latta Insurance, who stated that they had been asked to review the overall scope and some of the objectives of the City to engage the services of a Third Party Administrator for professional management of its employee health benefits program. The award was made to United Health Care for Third Party Administrator services for the City’s health benefits program. The City of Henderson awarded to Zurich’s Medical Stop Loss coverage which shall include its proposal for organ transplant coverage through National Union Fire or like coverage.  A Regular May 8, 2012 MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract for the management of the City’s health benefits program. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 41-12 RESOLUTION AWARDING BID FOR MOWING ALONG CANOE CREEK TO HAZEX CONSTRUCTION COMPANY, INC. MOTION by Commissioner Taylor, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract for the mowing of easement along Canoe Creek from approximately the 2nd Street overpass extending to the U.S. Highway 60 West and Sellars Ditch to Hazex Construction Company, Henderson in an amount not to exceed $125,000. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that a copy of a request from Warren Farm Property, LLC, and Susan Garth Warren to annex property on U. S. Highway 60 East. It would be necessary for this Board to move forward and authorize  A Regular May 8, 2012 this request be submitted to the Planning Commission if it is your desire to annex the property. MOTION by Commissioner Mills, seconded by Commissioner Farmer, to send this annexation request to the Planning Commission for action. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ COMMISSIONER’S REPORT: COMMISSIONER ALAN TAYLOR stated that since we have approved changes in our personnel handbook and because of the tragic and untimely death of Jonathon Coomes back in February, he requested that the Board extend the sick leave benefits that are stated in Article 230-M of our revised personnel policies. MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to extend the sick leave benefits to Jonathon Coomes’ beneficiaries. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: _______________________________ COMMISSIONER ROBBY MILLS, stated that the progress on Canoe Creek is probably one of our biggest accomplishments with City and County working together. ___________________________ REAPPOINTMENT: CIVIL SERVICE COMMISSION SUSAN SAULS (DEMOCRAT) – TERM TO EXPIRE JUNE 1, 2015 Motion by Commissioner Mills, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to reappoint Susan Sauls to a three-year term on the Civil Service Commission. Said term to expire June 1, 2015. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular May 8, 2012 REAPPOINTMENT: CITY-COUNTY PLANNING COMMISSION BOBBIE JARRETT – TERM TO EXPIRE JUNE 1, 2016 Motion by Commissioner Mills, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to reappoint Bobbie Jarrett to a four-year term on the City-County Planning Commission. Said term to expire June 1, 2016 The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ EXECUTIVE SESSION: PERSONNEL Motion by Commissioner Farmer, seconded by Commissioner Mills, pursuant to KRS 61.810(1)(f) that the Board of Commissioners go into Executive Session for the discussions 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 Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING RECONVENE: Motion by Commissioner Farmer, seconded by Commissioner Taylor, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ RESOLUTION NO. 42-12 RESOLUTION APPOINTING ELIZABETH DAWN KELSEY AS CITY ATTORNEY BEGINNING JUNE 1, 2012, AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution appointing Elizabeth Dawn Kelsey as City Attorney beginning June 1, 2012, and approval of employment agreement and authorizing Mayor to execute agreement on behalf of City.  A Regular May 8, 2012 The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ MAYOR AUSTIN added that Joseph E. Ternes, Jr. will be retiring at the end of May 2012. ____________________________ RESOLUTION NO. 43-12 RESOLUTION INCREASING SALARY OF CITY MANAGER EFFECTIVE AS OF MAY 28, 2012 MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution increasing salary of City Manager effective as of May 28, 2012. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- 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 May 8, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ MEETING ADJOURN: MOTION by Commissioner Taylor, seconded by Commissioner Mills, for the meeting to adjourn.  A Regular May 8, 2012 WITHOUT OBJECTION Mayor Austin declared the meeting adjourned at approximately 6:40 p.m. ___________________________ ATTEST: Steve Austin, Mayor May 8, 2012 _______________________ Carolyn Williams, City Clerk