Board of Commissioners Meetings

A Regular June 26, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 26, 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 Orbley Ramsey, Lawndale Baptist Church, and Mayor Steve Austin led 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 Mrs. Dawn Kelsey, City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. John Reed, Police Chief Major David Piller, Police Department Mr. Robert Gunter, Finance Director Mr. Owen Reeves, Gas System Director Ms. Tammy Willett, Community Development Specialist Mrs. Kathy Ferrell, City/County Planning Director Mr. Bruce Shipley, HWU General Manager Mr. Tom Williams, Director of Engineering Mr. Leason Neel, HWU Chief Financial Officer Mr. Rodney Michael, HWU Director Utility Operation Mr. Mike Richardson, Police Reserve Officer Mr. Tom Davis Mr. Frank Boyett, The Gleaner _________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: June 12, 2012, Regular Meeting June 19, 2012, Called Joint City/County Meeting Resolution: RESOLUTION NO. 49-12 RESOLUTION APPROVING AGREEMENT WITH THE HENDERSON CITY-COUNTY AIRPORT BOARD ALLOCATING $129,165.00 FOR AIRPORT SERVICES AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the execution of an agreement with the Henderson City-County Airport Board for airport services at the City-County Airport. Services to be provided under this agreement are as generally described in the enabling resolution and state  A Regular June 26, 2012 statute. This action expands upon enabling legislation by formalizing an operating agreement with the Air Board in return for its management operation, and control of the airport for the benefit of its owners, the City of Henderson and Henderson County. In compensation thereof, the agreement provides $129,165.00 in funding for these services. A similar amount is expected from Henderson County. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 50-12 RESOLUTION AUTHORIZING FUNDING FOR HENDERSON- HENDERSON COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) IN THE AMOUNT OF $156,657.50 FOR FISCAL YEAR 2013 MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the expenditure of $156,657.50 in support of the Henderson- Henderson County Geographic Information System during Fiscal 2013. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 51-12 RESOLUTION AUTHORIZING FUNDING FOR PLANNING COMMISSION IN THE AMOUNT OF $266,909.00 MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the expenditure of $266,909.00 in support of the Henderson- Henderson County Planning Commissioner during Fiscal 2013.  A Regular June 26, 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: 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 52-12 RESOLUTION APPROVING AGREEMENT WITH THE DOWNTOWN HENDERSON PROJECT ALLOCATING $44,000.00 FOR SERVICES IN SUPPORT OF DOWNTOWN HENDERSON AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the execution of an agreement with the Downtown Henderson Project (DHP) for services in support of downtown Henderson in the amount of $44,000. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 53-12 RESOLUTION APPROVING AGREEMENT WITH THE HUMANE SOCIETY OF HENDERSON COUNTY, INC. ALLOCATING $110,000 FOR ANIMAL CONTROL AND SHELTER SERVICES MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the execution of an agreement with the Humane Society of Henderson County, Inc., for animal control and shelter services in the amount of $110,000.  A Regular June 26, 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: 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 54-12 RESOLUTION APPROVING AGREEMENT WITH NORTHWEST KENTUCKY FORWARD ALLOCATING $60,000.00 FOR ECONOMIC DEVELOPMENT SERVICES AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the execution of an agreement with the Northwest Kentucky Forward (NWKF) for economic development services in the amount of $60,000, split 80% General Fund and 20% Gas Fund. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 55-12 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HENDERSON COUNTY TOURISM COMMISSION REGARDING PERSONNEL FOR THE HENDERSON WELCOME CENTER MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the execution of a Memorandum of Understanding with the Henderson-Henderson County Tourist Commission (Henderson Tourism) regarding personnel for the Henderson Welcome Center.  A Regular June 26, 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: 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 56-12 RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR WOMAN AND CHILDREN, INC. (SWC) MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution approving the subricipient agreement between the City and the Shelter for Woman and Children, Inc. (SWC) for $7,500 of CDBG grant funds, a copy of which is attached hereto, and the Mayor is authorized to execute the agreement on behalf of the City. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 57-12 RESOLUTION AWARDING BID TO MORGANFIELD HOME CENTER, INC., OF MORGANFIELD, KENTUCKY, FOR PURCHASE OF MISCELLANEOUS HOUSING MATERIALS FOR CITY’S EXTERIOR MINOR HOUSING REHABILITATION PROJECT IN CONJUNCTION WITH WORLD CHANGERS IN THE AMOUNT OF $17,416.57 MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution approving the award made to Morganfield Home Center, Inc., 925 U. S. Highway 60 East, Morganfield, Kentucky 42437, for the purchase of miscellaneous  A Regular June 26, 2012 housing materials for the City’s Exterior Minor Housing Rehabilitation project, in the amount of $17,416.57 in strict accordance with its bid as submitted pursuant to Bid Reference #12-10. 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ MAYOR AUSTIN asked that Resolution No. 53-12 be removed for discussion. MOTION by Commissioner Taylor, seconded by Commission Pruitt, to approve the items on the Consent Agenda enumerated by the City Clerk, excepting Resolution No. 53-12. 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: _________________________________ RESOLUTION NO. 53-12 RESOLUTION APPROVING AGREEMENT WITH THE HUMANE SOCIETY OF HENDERSON COUNTY, INC. ALLOCATING $110,000 FOR ANIMAL CONTROL AND SHELTER SERVICES MAYOR AUSTIN asked for clarification on the resolution reading “allocating $110,000 for Animal Control and Shelter Services,” It was agreed that the verbiage was correct. MOTION by Commissioner Pruitt, seconded by Commissioner Taylor, to adopt the resolution authorizing the execution of an agreement with the Humane Society of Henderson County, Inc., for animal control and shelter services in the amount of $110,000. 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 Regular June 26, 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 16-12 ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN WOLF HILLS SUBDIVISION SECTION 6 & 7 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk ____________________________ ORDINANCE NO. 17-12 BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY1, 2012, AND ENDING JUNE 30, 2013, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY 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 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk  A Regular June 26, 2012 ORDINANCE NO. 18-12 ORDINANCE APPROVING AMENDMENT TO PAY PLAN PROVIDING FOR ONE PERCENT (1%) INCREASE FOR EMPLOYEES EFFECTIVE JULY 1, 2012 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 ----------------- 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 19-12 BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2012, AND ENDING JUNE 30, 2013, FOR THE CITY OF HENDERSON, KENTUCKY On second reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Mills, 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 20-2012: FIRST READING ORDINANCE AMENDING SEC.23-99, CHARGES BILLED TO OWNER OF PREMISES; DEPOSIT; EXCEPTION OF ARTICLE V, RATES AND CHARGES, IN CHAPTER 23, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON  A Regular June 26, 2012 On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. COMMISSIONER TAYLOR referred to Item #3 stating “No person may sign as a guarantor for more than three (3) residential tenant users of city utilities, except with the written consent of the city manager” and asked Mr. Sights, as far as a landlord signing as a guarantor on those deposits, and if that item had ever been an issue? Mr. Sights replied that he had been questioned on that one time by a property owner in town who wanted to sign for more than three but in that case it was not landlord / tenant, it was a real estate manager who managed properties for other people. COMMISSIONER FARMER asked if there was any difference between signing for a tenant on a piece of property that the signer is the owner vs. signing for a piece of property where you are not the owner? Mr. Sights stated that he did not know of a difference and there was still the limitation of three that they could sign for. Mr. Sights said that he had no issue with increasing the number, and he suggested that it needs to be a fixed number in it, but if the number three was a problem for someone, the Board could change the number. COMMISSIONER TAYLOR replied that “when he read it, it occurred to me that the City would be in a more secure position if the owner of the property, who was the landlord, would sign or surrender the deposit in any case. The City would be better off, security wise, than any tenant and my question was that if it has not been an issue, then there is no reason to fix something that is not broke but if it has been a limitation for some property owners, why do we have it in there?” MR. ROBERT GUNTER, FINANCE DIRECTOR, agreed that there had been only the one time the number three had been an issue. Mr. Gunter agreed that his staff could start tracking it, and if it does become an issue, then bring it back to the Board of Commissioners. COMMISSIONER TAYLOR said “we won’t fix anything that is not broke.” 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 ----------------- Aye: 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. 58-12 RESOLUTION AUTHORIZING AWARD OF CONTRACT TO AMERICAN STRUCTUREPOINT, INC. FOR CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES FOR BID PACKAGE #2 OF THE RIVERFRONT IMPROVEMENT PROJECTS MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution authorizing award of Task Order #2 under the Master Services Agreement with American Structurepoint, Inc., Indianapolis, Indiana, for construction inspection and  A Regular June 26, 2012 materials testing services pursuant to Kentucky Transportation Cabinet (KYTC) requirements for the Riverfront Improvements Projects. 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 ----------------- 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 June 26, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ COMMISSIONER TAYLOR stated that out of town visitors that came to Henderson to be part of the W. C. Handy Festival stopped in at his restaurant and had nothing but praise for our City and the friendly people. MAYOR AUSTIN added that Henderson is involved with a Community Trade- Out visit where a group from Henderson would be going to visit another western Kentucky city and go through a list of items including asking someone for directions or how to get enrolled in the school system, etc. and that city’s group will come to Henderson and do the same thing. COMMISSIONER TAYLOR relayed that an out of town couple had parked in a handicap only parking space and their handicap placard had slipped off of their dashboard and Nancy Stone, Parking Enforcement Officer, gave them a ticket. The next day the couple parked in the same space and met with Nancy and told her what happened and she promptly voided the previous ticket. The couple was impressed with the courtesy and helpfulness of Mrs. Stone. COMMISSIONER MILLS said that he was very pleased to drive down Stratman Road and commented on the widening of the road and the fact that it is much safer to drive on now. MAYOR AUSTIN suggested that due to the extreme heat that we have been having, and more heat in the forecast, he suggested that for the remainder of the summer that we cut Atkinson Pool’s admission rate in half for 15 year olds and under customers. MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to lower the admission rate at Atkinson Pool by one-half for the remainder of the summer for 15-year old and younger customers. COMMISSIONER PRUITT suggested that all Henderson residents receive the one-half cut in admission fee. MAYOR AUSTIN asked “who made that motion?” Commissioner Taylor agreed that he had made the motion. Commissioner Farmer agreed that the admission should be  A Regular June 26, 2012 reduced for all patrons. Mayor Austin asked Commissioner Taylor if he wanted to amend his motion. MOTION by Commissioner Taylor, seconded by Commissioner Farmer to reduce the Atkinson Pool’s admission fee to one-half for all patrons for the rest of the summer. 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: ______________________________ REAPPOINTMENT: HENDERSON-HENDERSON COUNTY HUMAN RIGHTS COMMISSION DORA WILSON – TERM TO EXPIRE JUNE 30, 2015 Motion by Commissioner Mills, seconded by Commissioner Farmer, upon recommendation of Mayor Steve Austin, to reappoint Dora Wilson, to a 3-year term on the Henderson – Henderson County Human Rights Commission. Said term to expire June 20, 2015. 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: ____________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Pruitt, 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: WHEREUPON, Mayor Austin declared the meeting adjourned at approximately 6:06 p.m. ___________________________ ATTEST: Steve Austin, Mayor July 10, 2012 _______________________ Carolyn Williams, City Clerk