Board of Commissioners Meetings

A Regular August 14, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 14, 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 James Wofford, First United Methodist 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 Major David Piller, Police Department Mr. J. R. Stanley, Acting Public Works Director Mrs. Connie Galloway, Human Resources Director Mrs. Pam Whitter, Mass Transit Director Mr. Tracy Green, Police Officer Mr. Daniel Burden, Police Officer Mr. Nathan Cobb, Police Officer Mr. Jerad Shehorn, Police Officer Mr. Bruce Shipley, HWU General Manager Mr. Tom Williams, HWU Director of Engineering Mr. Leeson Neel, HWU Chief Financial Officer Mr. Gary Quick, HMP&L General Manager Dr. Bill Smith, City Utility Commission Member Mr. Randall Redding, City Utility Commission Attorney Mr. Hugh McCormick, Henderson County Judge/Executive Ms. Lisa Phingston Hurst, Recycling Coordinator Mrs. Marcia Eblen, Executive Director, Henderson-Henderson Co. Tourist Commission Mr. Jeff Porter, Henderson County Cooperative Extension Agent for Horticulture Mr. Tom Davis Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ PRESENTATION: POLICE OFFICERS, CERTIFICATES OF APPRECIATION MAYOR STEVE AUSTIN introduced Police Officers Tracy Green, Daniel Burden, Nathan Cobb and Jerad Shehorn and presented each of them a Certificate of Appreciation for their heroic actions on July 16, 2012, by saving Mr. Jerry Nelson who drove down the Second Street boat ramp and into the Ohio River. Officer Green was parked at the boat ramp and saw the car travel into the water. Officer Green called for assistance and Henderson police officers Nathan Cobb, Daniel Burden and Jered Shehorn arrived in minutes and swam out to the vehicle to extricate Mr. Nelson. He was transported to Methodist Hospital and received the medical treatment that he needed.  A Regular August 14, 2012 PRESENTATION: HENDERSON COUNTY EXTENSION FARMER’S MARKET BUILDING PLAN MR. JEFF PORTER, HENDERSON COUNTY COOPERATIVE EXTENSION AGENT FOR HORTICULTURE presented plans to build a Farmer’s Market structure at Henderson County Fairgrounds on Airline Road with mutual aid between the City and County. The plan calls for a pavilion measuring 40 by 164 feet with restrooms, concrete floors, and water and electric service. Mr. Porter stated that, in closing, Judge/Executive Hugh McCormick had him request $25,000 from the City to help build this facility. JUDGE MCCORMICK said that this project came together quickly and the location, utilities, etc. make this location very attractive for the new Farmer’s Market. COMMISSIONER PRUITT asked if they were asking for $25,000? Judge McCormick explained that they were using every avenue they could think of. Commissioner Pruitt agreed that the project was a good idea. MAYOR AUSTIN offered a suggestion to the Board of Commissioners that the City make a contribution of $12,500 to this project plus work with our utilities to help with hook-ups, as well as in-kind services. MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to move forward on this project. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. COMMISSIONER MILLS stated that he was inclined to help a little bit more; even up to the $25,000 because it is a community betterment issue and there were a lot of positive things about this project. MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to offer an amendment to the motion by changing the funding to up to $25,000 match of Henderson County’s cash expense. The vote was called to amend the motion. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON the amended motion passed. ___________________________ MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to accept the motion as amended. The vote on the motion as amended was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON the motion as amended was passed.  A Regular August 14, 2012 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: July 24, 2012, Regular Meeting Resolutions: RESOLUTION NO. 66-12 RESOLUTION APPROVING PURCHASE OF 12+2 CUTAWAY BUS FROM CENTRAL STATES BUS SALES, INC. OF LEBANON, TENNESSEE, IN THE TOTAL AMOUNT OF $62,205.94 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution approving the purchase of a 2013, 12 Ambulatory +2 Wheel Chairs, Wide Body Cutaway Bus from Central States Bus Sales, Inc., Lebanon, Tennessee, in the total amount of $62,205.94. 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 August 14, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE 22-12: FIRST READING ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY EXEMPTING PUBLIC WORKS DIRECTOR POSITION FROM CIVIL SERVICE STATUS On first reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Farmer, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. COMMISSION PRUITT stated his argument against this ordinance. 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:  A Regular August 14, 2012 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 23-12: FIRST READING ORDINANCE DESIGNATING POSITION OF PUBLIC WORKS DIRECTOR AS NON-CIVIL SERVICE On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. 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 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 24-12: FIRST READING ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, PERSONNEL, DIVISION 2, CIVIL SERVICE FOR GENERAL EMPLOYEES, SECTION 2-226.5 DEPARTMENT HEADS DEEMED AS EMPLOYEES, OF THE CODE OF ORDINANCE OF THE CITY OF HENDERSON, BY REMOVING DIRECTOR OF PUBLIC WORKS On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Farmer, that the Ordinance be adopted. 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 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 25-12: FIRST READING ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 8, CEMETERIES, SECTION.8-3 RULES AND REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, BY PROVIDING IN PARAGRAPH (8) THAT REGULARLY ORGANIZED MILITARY ESCORT, EITHER OF THE STATE OR THE UNITED STATES, MAY DISCHARGE FIREARMS WITHIN THE GROUNDS OF THE CEMETERY AS PART OF A FUNERAL OR MEMORIAL SERVICE, UPON ADVANCED PERMISSION FROM THE SUPERINTENDENT; AND IN PARAGRAPH (9) NO PERSON SHALL RIDE A BICYCLE OFF OF THE PAVED ROADWAYS IN A MUNICIPAL CEMETERY  A Regular August 14, 2012 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Farmer, that the Ordinance be adopted. 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. __________________________ ORDINANCE 26-12: FIRST READING ORDINANCE REPEALING SECTIONS 8-47 PERPETUAL FUND FOR REPAIRS AND UPKEEP, AND 8-49 FERNWOOD CEMETERY FUND, OF ARTICLE III, FEES AND CHARGES, OF CHAPTER 8, CEMETERIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, 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 Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- 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. 69-12 RESOLUTION DESIGNATING CITY AS PARTICIPANT IN HENDERSON COUNTY SOLID WASTE MANAGEMENT AREA MOTION by Commissioner Taylor, seconded by Commissioner Mills, to adopt the resolution designating the City of Henderson as a participant in the Henderson County solid waste management area.  A Regular August 14, 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 August 14, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 70-12 RESOLUTION APPROVING AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF HENDERSON, HENDERSON COUNTY, WEBSTER COUNTY, AND UNION COUNTY WHICH ESTABLISHES A SOLID WASTE RECYCLING ALLIANCE WITH TRI-COUNTY RECYCLING ALLIANCE, INC. AS THE ADMINISTERING AGENCY MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution approving and amending and restating an Interlocal Cooperation Agreement between the City of Henderson, Henderson County, Webster County, and Union County establishing a Solid Waste Recycling Alliance with Tri-County Recycling Alliance, Inc. as the administering agency. 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 August 14, 2012 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 71-12 RESOLUTION APPROVING SELECTION OF ACTING CITY ATTORNEYS MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution designating persons to serve as Acting City Attorney in the temporary absence of the City Attorney and designating representation for disciplinary proceedings. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.  A Regular August 14, 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 August 14, 2012 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 72-12 RESOLUTION AWARDING BID FOR HEAVY EQUIPMENT RENTAL TO SCHNEIDER CONSTRUCTION & EXCAVATING; HAZEX CONSTRUCTION COMPANY, INC.; AND A & S SERVICES, INC. MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the award of bids for the rental of heavy equipment to Schneider Construction & Excavating; Hazex Construction Company, Inc.; and A & S Services, Inc. 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 August 14, 2012 ATTEST: Carolyn Williams, City Clerk ____________________________ CITY MANAGER’S REPORT: DOWNTOWN HENDERSON PARTNERSHIP FUND REALLOCATION REQUEST MR. RUSSELL R. SIGHTS, CITY MANAGER, explained the letter from Downtown Henderson Partnership requesting permission to re-direct monies reserved in 2004 for use to paint the CSX Railroad Bridge. The DHP Board is requesting to use the $1,558 earmarked for the bridge painting to use for the upcoming Street Celebration that they are planning in September to mark the completion of the new sewer separation and street paving project.  A Regular August 14, 2012 COMMISSIONER PRUITT said “For the record, he wanted to say that $1,500 and some dollars, I think, could be better used a better way, you know we got a lot of people out here hurting; a lot of people out of work, and if we are just going to throw a party for the ending of the street sewer separation and paving, I think it sends a bad message from the City with all of these people out of work and the economy bad and gas prices high, I think that $1,500 could be given to the Salvation Army to feed the hungry.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. MOTION by Commissioner Mills, seconded by Commissioner Farmer, to allow the DHP Board to use the $1,558 for the celebration of the completion of the street project. 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: _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER TAYLOR stated that he was proud of the money that is going to build the Farmer’s Market pavilion and was happy to help small business in that way. COMMISSIONER PRUITT said that he was not against having a party but objected to having a party when so many people are suffering. He continued by stating that using tax payer money would be better donated to the Salvation Army to feed people. COMMISSIONER FARMER stated that he did not have a political statement to make tonight. EXECUTIVE SESSION: LITIGATION MOTION by Commissioner Farmer, seconded by Commissioner Mills, pursuant to provisions of KRS 61.810(1)(c) that the Board of Commissioners go into Executive Session for the purpose of deliberation of proposed or pending litigation against or on behalf of the City of Henderson specifically to discuss litigation involving Big Rivers vs. City of Henderson matter. 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:  A Regular August 14, 2012 MEETING RECONVENE: MOTION by Commissioner Farmer, seconded by Commissioner Mills, that Board of Commissioners reconvened in regular session. 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: WITHOUT OBJECTION: Mayor Austin declared the meeting adjourned at approximately 6:01 p.m. ___________________________ : Steve Austin, Mayor August 28, 2012 ATTEST: _______________________ Carolyn Williams, City Clerk