Board of Commissioners Meetings

A Regular September 11, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 11, 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 Father Rich Martindale, St. Paul’s Episcopal 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 Mike Farmer ABSENT: Commissioner Alan C. Taylor 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, Chief of Police Mr. Frank Cates, Police Major Mr. Aaron Stewart, Police Officer Mr. Robert Gunter, Finance Director Mrs. Kathy Ferrell, City/County Planning Director Mr. Bruce Shipley, HWU General Manager Mr. Tom Williams, HWU Director of Engineering Mr. Leeson Neel, HWU Chief Financial Officer Mrs. Patsy Thomas, member of General Samuel Hopkins Chapter, NSDAR Ms. Virginia Knight, member of General Samuel Hopkins Chapter, NSDAR Ms. Mary Alice Springer, member of General Samuel Hopkins Chapter, NSDAR Ms. Jeannine O’Nan, member of General Samuel Hopkins Chapter, NSDAR Mr. Glen Oats, School Crossing Guard Mr. Ron Faupel, Henderson Chevrolet Buick GMC Mr. Tom Davis Mr. Frank Boyett, The Gleaner _________________________ PROCLAMATION: “CONSTITUTION WEEK” MAYOR AUSTIN proclaimed the week of September 17th through 23rd as “Constitution Week” and ask our citizens to reaffirm the ideals that the framers of the Constitution had in 1787 by vigilantly protecting the freedoms to us through this guardian of our liberties, remembering that lost rights may never be regained.  A Regular September 11, 2012 PRESENTATION: 30-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Glen Oats, School Crossing Guard, for his years of service and dedication to the City. ____________________________ PRESENTATION: FLOOD DAMAGE PREVENTION ORDINANCE REVISIONS MR. TOM WILLIAMS, HWU DIRECTOR OF ENGINEERING, explained some proposed revisions to the Flood Damage Prevention Ordinance and a recommendation to allow the Planning Commission to conduct the required public hearing on behalf of the City. As part of the Federal Emergency Management Agency (FEMA) flood maps revision process for Henderson and Henderson County, a technical advisory group comprised of the Assistant City Manager, City and County Code and Engineering personnel, Henderson City-County Planning Commission personnel, and Henderson Water Utility personnel reviewed the current ordinances and proposed the amendments listed in the booklet prepared by HWU. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. WITHOUT OBJECTION the Board of Commissioners agreed to move forward on the proposed revisions to the Flood Damage Prevention Ordinance. ____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: August 28, 2012, Regular Meeting Resolutions: Resolution No. 78-12 – Accepting Grant from the Kentucky Department of Local Government for the recreational Trail Project in the Amount of $100,000, and Authorizing Mayor to Execute Memorandum of Agreement Resolution No. 79-12 – Awarding Bid for the Purchase of Firefighter Protective Clothing to Heritage Fire Equipment, Bowling Green, Kentucky, in the Amount of $25,270.50 MOTION by Commissioner Mills, seconded by Commissioner Farmer, to approve the items on the Consent Agenda as enumerated. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ ORDINANCE 27-12: SECOND 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  A Regular September 11, 2012 REGULARLY ORGANIZED MILITARY ESCORT, EITHER OF THE STATE OR THE UNITED STATES, MAY DISCHARGE FIREARMS WITH BLANK CARTRIDGES 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 On second 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 ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 28-12: FIRST READING ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2012, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, 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 ----------------- Absent: Commissioner Taylor ---------------- Absent: 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.  A Regular September 11, 2012 RESOLUTION NO. 80-12 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR RFTC REALTY LLC, FOR PROPERTY LOCATED AT 2746 U.S. 41-N, HENDERSON, KENTUCKY MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution granting a property reassessment moratorium for RFTC Realty LLC (Ron Faupel) for property located at 2746 U. S. 41-North. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 81-12 RESOLUTION OF THE CITY OF HENDERSON APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), TO IMPROVE STORM WATER CONVEYANCE AND TO LESSEN THE AFFECTS OF FLOODING ALONG CANOE CREEK IN THE AMOUNT OF ONE MILLION TWO HUNDRED TWENTY SIX THOUSAND ONE HUNDRED SEVENTY ONE DOLLARS ($1,226,171) FOR A TOTAL PROJECT OF ONE MILLION FIVE HUNDRED THIRTY TWO THOUSAND SEVEN HUNDRED THIRTEEN DOLLARS ($1,532,713.00; DESIGNATING THE MAYOR AS THE CITY’S REPRESENTATIVE IN SEEKING ELIGIBLE GRANT FUNDS UNDER THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR FISCAL YEAR 2012; ECONOMIC ADJUSTMENT PROGRAM – DISASTER APPROPRIATIONS, DESIGNATING GRADD AS THE ADMINISTRATOR OF EDA FUNDS AND COMMITTING $153,271 TO THE PROJECT MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution authorizing the submittal of an application to the U. S. Department of Commerce Economic Development Administration (EDA) for Investment Assistance to improve storm water conveyance and to lessen the effects of flooding along Canoe Creek in the total project amount of $1,532,713. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.  A Regular September 11, 2012 The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk _____________________________ RESOLUTION NO. 82-12 RESOLUTION APPROVING CHANGE ORDER #2 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HENDERSON AND HAZEX CONSTRUCTION COMPANY, INC., REGARDING THE HENDERSON RIVERFRONT DEVELOPMENT PROJECT PHASE III, TENNIS COMPLEX/RESTROOM FACILITY, IN THE AMOUNT OF $45,760.87 MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution approving Change Order #2 to the construction contract between the City of Henderson and Hazex Construction Company, Inc., for additional fees for services on the Riverfront Development Project Phase III Tennis Complex/Restroom Facility project in the amount of $45,760.87 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk  A Regular September 11, 2012 RESOLUTION NO. 83-12 RESOLUTION APPROVING CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HENDERSON AND HAZEX CONSTRUCTION COMPANY, INC. REGARDING THE HENDERSON RIVERFRONT DEVELOPMENT PROJECT PHASE III, RIVER WALK EXTENSION/ WATER STREET SIDEWALK PROJECT, IN THE AMOUNT OF $150,265.55 MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution approving Change Order #1 to the Construction Contract with Hazex Construction Company, Inc., for addition fees for services on the Riverfront Development Project Phase III, River Walk Extension/Water Street Sidewalk project in the amount of $150,165.55. COMMISSIONER FARMER noted that the concrete block was being poured to allow the placement of the pillars for the fencing that is going to go in front of the pole yard on Water Street. There had been some discussion about extending that fencing to the Fifth Street of the HMP&L Building. What would be the possibility of adding another length of fencing and the cost. Mr. Newman agreed that there had been a conversation but did not get into the written plans. He agreed to gather all of the information and felt that it could be accomplished. Commissioner Farmer suggested that the extra fencing be added into the scope of the project. The extra item would be brought back to the Board in the form of another change order probably by the next meeting. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 84-12 RESOLUTION AUTHORIZING LEASE/PURCHASE OF A TRACK LOADER FROM WAYNE SUPPLY COMPANY, EVANSVILLE, INDIANA, AT THE STATE PRICE CONTRACT IN THE AMOUNT OF $58,929.24 ANNUALLY MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution authorizing the purchase of a track loader from Whayne Supply Company, Evansville, Indiana, at the state contract amount of $58,929.24 annually for a forty-eight month term.  A Regular September 11, 2012 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 85-12 RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) HALF-TON PICK-UP TRUCKS IN THE TOTAL AMOUNT OF $47,240 TO TOWN AND COUNTRY FORD, EVANSVILLE, INDIANA MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution authorizing the purchase of three 2013 Ford F-150 half-ton pickup trucks from Town and Country Ford in the low bid amount of $47,240. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: 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 September 11, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS reminded the Board of Commissioners would be meeting for a Work Session at 5:30 p.m. on September 18, 2012. The lone item on the agenda would be Henderson Opportunity Zones.  A Regular September 11, 2012 COMMISSIONER’S REPORTS: MAYOR AUSTIN stated that he had sent an email saying that Hopkinsville is willing to send a representative for the “First Impressions” report. However, there was an extensive article on that subject in The Gleaner” on Sunday. Does the Board need an “in person” report from Hopkinsville? The Board agreed that having a Hopkinsville representative was not necessary. A copy of the written document will be made available. Our first Board of Commissioner’s meeting in October will be held on Monday, October 8, 2012, at our regular time. _________________________ MISCELLANEOUS: HENDERSON CITY-COUNTY PLANNING COMMISSION – ZONING ORDINANCE MR. RUSSELL R. SIGHTS stated that he had been asked to give direction from the Board of Commissioners regarding a request from the Henderson City-County Planning Commission to proceed with forming an ad hoc committee to review and make recommendation on the comprehensive update of the City Zoning Ordinance. City records indicate that the last comprehensive update of the Zoning Ordinance was in 1983, although several individual sections of the ordinance have been updated since that time. MRS. KATHY FERRELL, CITY-COUNTY PLANNING COMMISSION EXECUTIVE DIRECTOR stated that an ad hoc committee has been formed to proceed updating the comprehensive City Zoning Ordinance. The ad hoc committee includes Don Summers, John Stroud, Buzzy Newman, Tom Williams, Curt Freese, as well as Kathy. She wanted to keep it a small committee, but will invite others for input as needed and will hold work sessions from time to time. COMMISSIONER FARMER asked Mrs. Ferrell if she would consider bringing members from outside staff. Mrs. Ferrell agreed that when a certain section would come up, they would invite people with additional input to join. Commissioner Farmer reminded the gathering that during the updating of the City’s sign ordinance; persons from outside of staff made valuable contributions. This ordinance will next be presented to the City-County Planning Commission in October and a public hearing will be scheduled. After the public hearing, the ordinance will be forwarded to the Board of Commissioners and Henderson County Fiscal Court for final consideration. WITHOUT OBJECTION the Board encouraged the Planning Commission to continue this project. ________________________________ MRS. FERRELL also presented the Board checks for excess funds from the past fiscal year: Henderson City-County Planning Commission . . $23,383.50 GIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $64,467.00  A Regular September 11, 2012 MEETING ADJOURN: Motion by Commissioner Mills, seconded by Commissioner Farmer, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Absent: Commissioner Taylor ---------------- Absent: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Mayor Austin ------------------------- Aye: ________________________ WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:37 p.m. ___________________________ Steve Austin, Mayor September 25, 2012 ATTEST: _______________________ Carolyn Williams, City Clerk