Board of Commissioners Meetings

A Called Regular May 22, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 22, 2012, at 4 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 David Leslie, First Christian 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 Alan C. Taylor Commissioner Mike Farmer 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. Maree Collins, Acting City Clerk Mr. Robert Gunter, Finance Director Mr. Paul Titzer, Assistant Finance Director Mr. Danny Froehlich, Fire Chief Mrs. Connie Galloway, Human Resources Director Mr. Bruce Shipley, HWU General Manager Mr. Leeson Neel, HWU Chief Financial Officer Mrs. Nan Ternes Mr. Tom Davis Mr. Mike Richardson, Reserve Police Officer Mr. Frank Boyett, The Gleaner _________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Maree Collins, Acting City Clerk, to read the following item included on the Consent Agenda: Minutes: May 8, 2012, Called Work Session May 8, 2012, Regular Meeting May 15, 2012, Work Session RESOLUTION NO. 44-12 RESOLUTION APPROVING AMENDMENT TO ATTACHMENT 1-OVERALL GOAL CALCULATION OF THE HART SMALL BUSINESS / DISADVANTAGED BUSINESS ENTERPRISE PLAN MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution approving an amendment to Attachment 1-Overall Goal Calculation of the Small Business / Disadvantaged Business Enterprise Plan for the Henderson Area Rapid Transit System (HART).  A Called Regular May 22, 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 Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: 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 22, 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 second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Farmer, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: 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 ATTEST: May 22, 2012 Carolyn Williams, City Clerk _____________________________ 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 second reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. adopted, affixed his signature and the date thereto and ordered that the same be recorded.  A Called Regular May 22, 2012 The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: /s/ Steve Austin Steve Austin, Mayor ATTEST: May 22, 2012 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 45-12 RESOLUTION AWARDING BID OF CONTRACT FOR THE CONSTRUCTION OF THE HENDERSON RIVERFRONT DEVELOPMENT PROJECT, PHASE III, BID PACKAGE #2, BEING THE RIVERWALK / SIDEWALK PROJECT, TO HAZEX CONSTRUCTION COMPANY, INC. OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $1,688,431. MOTION by Commissioner Mills, seconded by Commissioner Taylor, to adopt the resolution authorizing the award of a contract to Hazex Construction, Inc., Henderson, for construction inspection and materials testing services pursuant to Kentucky Transportation Cabinet requirements for the Riverfront Project of the Henderson Riverfront Development Project, Phase III, Bid Package #2-Riverwalk / Sidewalk Project in the amount of $1,688,431. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: 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 22, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ CITY MANAGER’S REPORT: RIVERFRONT DEVELOPMENT PROJECT PHASE III UPDATE MR. RUSSELL R. SIGHTS, CITY MANAGER, explained that the Board of Commissioners needed to discuss what to do with the remaining Riverfront Development Project money that is available and how it should be spent and to determine a priority schedule for spending it. MOTION by Mayor Austin to direct staff to take a look at funding a community meeting building that could be used by organizations and for events, etc. Mr. Buzzy Newman, Assistant City Manager, stated that under the KYTC agreement between the  A Called Regular May 22, 2012 City and the State Cabinet, under item #11, the Board, several years ago, approved various projects for the riverfront development that included a New Structure / Community Room to be built in Audubon Mill Park. Mr. Newman explained that we do have the ability to change the site. So, if recommendations are suggested on where this structure could be built, then we could pursue that request and bring information back to the Board of Commissioners. COMMISSIONER TAYLOR asked what the size of that structure named in Item #11? Mr. Newman said that he remembered that it was small. MR. SIGHTS agreed to bring the information back to the Board. ___________________________ COMMISSIONER’S REPORT: COMMISSIONER ROBERT PRUITT agreed that” the Board had made him very proud tonight because they were focusing on the letter of the law, and that for a long time we were shaking the line on the letter of the law, but tonight it was a good decision.” ____________________________ MAYOR AUSTIN congratulated the City for receiving a Certificate of Achievement for Excellence in Financial Reporting again. ____________________________ REAPPOINTMENT: CITY-COUNTY PLANNING COMMISSION JESSE JOHNSTON IV – TERM TO EXPIRE JUNE 1, 2016 Motion by Commissioner Mills, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to reappoint Jesse Johnston IV 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 ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ MAYOR AUSTIN presented a retirement gift to Joe Ternes, City Attorney. Mr. Ternes will be retiring on May 31, 2012. Mr. Ternes thanked everyone for the miniature bird sculpture from the Downtown Henderson Project’s “Audubon Collectibles” series. Each Board member thanked Joe for his many years of dedicated service and extended best wishes for many years of happiness in the future. ____________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Farmer, for the meeting to adjourn. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Called Regular May 22, 2012 ___________________________ ATTEST: Steve Austin, Mayor June 12, 2012 _______________________ Carolyn Williams, City Clerk