Board of Commissioners Meetings

A Regular July 10, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 10, 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 Minister V. H. Hammontree, Central Church of Christ, 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 Major Frank Cates, Police Department Mr. Marty Wilson, Police Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Relations Director Mrs. Emily Gilliam, Parks & Recreation Director Mr. X. R. Royster, Public Works Director Ms. Tammy Willett, Community Development Specialist Mrs. Kathy Ferrell, City/County Planning Director Mr. Curt Freese, Assistant City/County Planning Director 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 World Changers Representatives: Mike Talley, Project Coordinator Hannah Wright, Office Manager, Summer Staff Brandon Anderson, Summer Staff Mr. Robert Cornbleet, IIIC of Kentucky, LLC Mr. Tom Davis Mr. Frank Boyett, The Gleaner _________________________ PROCLAMATION: “WORLD CHANGERS” MAYOR AUSTIN proclaimed the week of July 9-13, 2012, as “WORLD CHANGERS WEEK” and urged all citizens to join in recognizing the valuable contributions being made by the World Changers.  A Regular July 10, 2012 PRESENTATION: Mayor Austin congratulated Officer Marty Wilson for being awarded the Kentucky DARE Officer of the Year honor at the Ninth Annual Safe Schools and Communities Conference. _____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: June 26, 2012, Regular Meeting Resolutions: RESOLUTION NO. 59-12 RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR FUNDS IN THE AMOUNT OF $22,042.00 TO ADD TO A FOURTH WORK STATION IN THE 911 COMMUNICATIONS CENTER, AND ACCEPTANCE OF GRANT IF AWARDED; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS AND TO ACT AS AUTHORIZED CORRESPONDENT FOR THE PROJECT MOTION by Commissioner Pruitt, seconded by Commissioner Taylor, to adopt the resolution authorizing the submittal of a grant application to the Kentucky Office of Homeland Security, and upon approval to execute any documents which are deemed necessary to facilitate and administer the project, in the amount of $22,042.00. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 60-12 RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, IN THE AMOUNT OF $30,000.00 TO PURCHASE SIX PORTABLE FANS FOR THE FIRE DEPARTMENT, AND ACCEPTING GRANT IF AWARDED MOTION by Commissioner Pruitt, seconded by Commissioner Taylor, to adopt the resolution authorizing submittal and acceptance, if approved, of a grant in the amount of $30,000 from the U.S. Department of Homeland Security under the Assistance to Firefighters Program and the Kentucky Office of Homeland Security Communications Project Program.  A Regular July 10, 2012 The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 61-12 RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION, TO THE KENTUCKY OFFICE OF HOMELAND SECURITY FOR FUNDS IN THE AMOUNT OF $31,000 TO PURCHASE THIRTY-SEVEN (37) PORTABLE RADIOS FOR THE FIRE DEPARTMENT, AND ACCEPTING GRANT IF AWARDED MOTION by Commissioner Pruitt, seconded by Commissioner Taylor, to adopt the resolution authorizing submittal and acceptance, if approved, for funds in the amount of $31,000 to purchase thirty-seven (37) portable radios for the Fire Department, and accepting grant if awarded. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 20-2012: SECOND 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 On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Taylor, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.  A Regular July 10, 2012 The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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: Carolyn Williams, City Clerk _____________________________ ORDINANCE 21-12: FIRST READING ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED ON THE SOUTH SIDE OF U. S. HWY 60 EAST AND IS BOUNDED TO THE SOUTH AND WEST BY THE SUSAN GARTH WARREN PROPERTY AND THE GEORGE WARREN, JR. ET AL PROPERTY, IS BOUNDED TO THE EAST BY THE WARREN FARM PROPERTY, LLC, AND THE EDWARD E. BRANDON PROPERTY, AND IS BOUNDED TO THE NORTH BY U.S. HWY 60 EAST, IN HENDERSON COUNTY, CONTAINING 8.288 ACRES, MORE OR LESS, OWNED BY WARREN FARM PROPERTY, LLC On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. MR. RUSSELL R. SIGHTS, CITY MANAGER, reminded the Board that this ordinance has changed since the last time it was presented. One of the owners of one parcel of the property withdrew from the annexation request. This annexation ordinance meets the legal requirements but it leaves a gap in the city limit boundaries on Highway 60 East. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Nay: 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. 62-12 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR IIIC OF KENTUCKY, LLC FOR PROPERTY LOCATED AT 501 HARDING AVENUE  A Regular July 10, 2012 MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution granting a property reassessment moratorium for real property improvements at 501 Harding Avenue. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 63-12 RESOLUTION AUTHORIZING REIMBURSEMENT PAYMENT TO HENDERSON COUNTY FISCAL COURT FOR THE COST OF MATERIALS FOR FORTY-TWO ROLL-OFF CONTAINERS THAT WILL BE LOCATED IN THE CITY LIMITS FOR RECYCLING IN THE TOTAL AMOUNT OF $39,999.96 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution authorizing a reimbursement payment to Henderson County Fiscal Court for the cost of materials used for the construction of forty-two roll-off containers in the amount of $39,999.96. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Nay: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 64-12 RESOLUTION AUTHORIZING PURCHASE OF A COMPACT EXCAVATOR FROM DIAMOND EQUIPMENT, EVANSVILLE, INDIANA, AT THE STATE PRICE CONTRACT IN THE AMOUNT OF $39,984.15  A Regular July 10, 2012 MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution authorizing the purchase of a Compact Excavator from Diamond Equipment of Evansville, Indiana, for the Kentucky state contract price of $39,984.15. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 65-12 RESOLUTION AUTHORIZING PURCHASE OF UTILITY TRACTOR AND UTILITY VEHICLE FROM JOHN DEERE COMPANY, CARY, NORTH CAROLINA, AT THE STATE PRICE CONTRACT IN THE TOTAL AMOUNT OF $28,694.38 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution authorizing the purchase of a utility tractor and a utility vehicle from John Deere Company of North Carolina for the Kentucky state contract total price $28,694,38. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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 July 10, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ MRS. EMILY GILLIAM, PARKS & RECREATION DIRECTOR, announced that last week in Washington D.C., the121st Continental Congress for the National Society of the Daughters of the American Revolution, the City of Henderson’s Spring Garden Cemetery, with the Local Samuel Hopkins Chapter of the DAR, won second place for the historic preservation contest and won second place in the commemorative event. She continued by stating that “this was huge and it’s a national honor.”  A Regular July 10, 2012 MR. BUZZY NEWMAN, ASSISTANT CITY MANAGER, AND MR. MICHAEL RODNEY, HWU DIRECTOR OF UTILITY OPERATION, presented an update on the Riverfront Fountain problem. Mr. Newman explained that the concrete had been removed and HWU started their forensic search for the leaking problem. Mr. Rodney stated that no problem was discovered with the drain system. After that, HWU tested each pressure zone and isolated only one zone that showed leakage and found that a 6” line had a lot of mud in it and they also found where the line had broken. After repairing that line, the fountain would be started in order to see if there was any water loss. Mr. Sights thanked Mr. Rodney and his group and told him how much the City appreciated their help. ______________________________ COMMISSIONER PRUITT asked Mr. Newman “if he had any numbers on that new swimming pool that we talked about?” Mr. Newman stated that a memo was placed in each board member’s mail basket. _____________________________ APPOINTMENT: HENDERSON-HENDERSON COUNTY HUMAN RIGHTS COMMISSION REVEREND CHARLES JOHNSON – TERM TO EXPIRE JUNE 30, 2015 Motion by Commissioner Pruitt, seconded by Commissioner Taylor, and upon recommendation of Mayor Austin, to appoint Reverend Charles Johnson to a three-year term on the Henderson-Henderson County Human Rights Commission. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ APPOINTMENT: BOARD OF APPEALS (1%) NET PROFITS TAX - CITY SUSAN MORGAN – TO FULFILL RANDALL VINCENT’S UNEXPIRED TERM TO EXPIRE DECEMBER 31, 2014 Motion by Commissioner Taylor, seconded by Commissioner Pruitt, and upon recommendation of Mayor Austin, to appoint Susan Morgan to fulfill Randall Vincent’s unexpired term to expire December 31, 2014. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Mills, for the meeting to adjourn.  A Regular July 10, 2012 The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON, Mayor Austin declared the meeting adjourned at approximately 6:22 p.m. ___________________________ ATTEST: Steve Austin, Mayor July 24, 2012 _______________________ Carolyn Williams, City Clerk