Board of Commissioners Meetings

A Regular November 27, 2012 A regular the meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 27, 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 Pastor Charles Cameron, Ambassador Baptist Church, and then Mayor 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 Mike Farmer Commissioner Alan C. Taylor Commissioner Robert N. Pruitt Commissioner Robert M. (Robby) Mills _______________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. Buzzy Newman, Assistant City Manager Mrs. Dawn Kelsey, City Attorney Mrs. Carolyn Williams, City Clerk Mr. Frank Cates, Police Department Major Mr. Danny Froehlich, Fire Chief Mr. Robert Gunter, Finance Director Mrs. Kathy Ferrell, Executive Director, Henderson City-County Planning Commission Mrs. Emily Gilliam, Parks & Recreation Director Mr. Leeson Neel, HWU Chief Financial Officer Mr. Tom Williams, HWU Director of Engineering Mrs. Jan Hite, Commissioner Elect Mr. Tom Davis, Commissioner Elect Mr. Mark Cunningham, Freelance Artist Mr. Denis Wright Mr. Mike Richardson, Police Reserve Officer 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: November 13, 2012, Regular Meeting MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as enumerated. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular November 27, 2012 ORDINANCE 31-12: SECOND READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY RECLASSIFYING ONE HENDERSON WATER UTILITY (HWU) SECRETARY POSITION TO HWU SECRETARY, SENIOR POSITION, AND AMENDING HENDERSON WATER UTILITY (HWU) BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2012-2013 HWU BUDGET BY ADDING ONE HWU SECRETARY SENIOR POSITION AND DELETING ONE HWU SECRETARY POSITION On second reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 November 27, 2012 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 32-12: FIRST READING ORDINANCE ADOPTING NEW SECTIONS 13-1 THRU 13-4, ARTICLE 1, STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES; SECTIONS 13-4, ARTICLE II, DEFINITIONS; SECTIONS 13-5 THRU 13-12, ARTICLE III, GENERAL PROVISIONS; SECTIONS 13-13 THRU 13-16, ARTICLE IV, ADMINISTRATION; SECTIONS 13-17 THRU 13-24, ARTICLE V, PROVISIONS FOR FLOOD HAZARD REDUCTION, IN CHAPTER 13, FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, AND REPEALING EXISTING SECTIONS 13-1 THRU 13-21 OF CHAPTER 13 IN ITS ENTIRETY 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 Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 November 27, 2012 ORDINANCE NO. 33-12: FIRST READING ORDINANCE AMENDING ARTICLE II, WATER AND SEWER SERVICE, OF CHAPTER 23, UTILITIES, SECTIONS 23-26 THROUGH 23-35.1 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first 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 Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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. 97-12 RESOLUTION AUTHORIZING EXTENSION OF SEWER SERVICE OUTSIDE CITY LIMITS TO PROPERTY KNOWN AS LOT 43, SECTION 2 OF BENT CREEK ESTATES SUBDIVISION LOCATED ON AIRLINE ROAD (KY 812), AND CONTAINING APPROXIMATELY 43.5 ACRES OWNED BY BLD DEVELOPMENT, LLC MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to adopt the resolution authorizing the provision of sewer service outside the corporate limits to Lot 43 of Section 2, Bent Creek Estates Subdivision located on Airline Road. COMMISSIONER FARMER asked who would be responsible for handling the Restrictive Covenant Not To Oppose Annexation in the future? Mr. Tom Williams, HWU Director of Engineering, agreed that he would responsible because the process of getting sewer service originated with HWU and the final plat to be filed with the Planning Commission will have a note on the plat that will say where this restrictive covenant will apply. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: November 27, 2012 Carolyn Williams, City Clerk  A Regular November 27, 2012 RESOLUTION NO. 98-12 RESOLUTION AUTHORIZING AMENDMENTS TO GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND BRANDON POTTS MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution amending the Golf Course Management agreement between the City and Brandon Potts dated December 14, 2011. MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that tonight’s recommendation came from the committee originally appointed to choose the Golf Course Manager in 2011. This committee has reviewed the changes that were requested in this contract and ready for presentation. COMMISSIONER PRUITT asked Mrs. Emily Gilliam if this contract was suppose to end in 2014? Mrs. Gilliam replied that was the original expiration date. Commissioner Pruitt stated that we were renegotiating this contract two years early, so what’s going to stop us, maybe in a year, from renegotiating another contract with this guy? Mrs. Gilliam explained that she could not see into the future but this whole ordeal has been a learning experience and Brandon has “hit the ground running” and he has brought so much to the golf course as well as much more play and he has gone through a learning experience himself as far as managing the course. She continued by saying that she believed that he was going to get a good handle on it, and the biggest drawback to this was getting rid of the other seasonal position that helped out on the course and it became overwhelming to be managing the course, managing all of the maintenance, and the safety issues during the play and doing the clubhouse from 7:00 a.m. until dusk every day. She stated that she felt that it was pretty hard to do all of that and that was the drive for this change in his contract. Commissioner Pruitt asked if she knew exactly what dollar amount he made last year? Mrs. Gilliam replied that she did not know the exact number. Commissioner Pruitt asked if she know anybody that knew the answer? Mrs. Gilliam stated that she thought he would have an accountant. Commissioner Pruitt explained that he meant “on all of the golf rental fees and all of that?” Mrs. Gilliam said that he had provided that information to the committee and she felt that our fees at the golf course are extremely low, $6 for nine holes of golf and $8 for 18 holes of golf and $6 for a cart rental and the memberships start at $240 so you can go with a single membership, with unlimited play, for $240.00. Commissioner Pruitt said that “he was not talking about the fees that people pay to play, he was talking about knowing his financial numbers.” “I think somebody needs to know that and know it to the tee because if we don’t, this guy could say that he was not making this and I want to renegotiate this contract another year.” “When you sign a contract you should not renegotiate it until the year is up.” COMMISSIONER MILLS added that Brandon did bring the committee his financial records to show his monthly income and they were reviewed by Robert and Paul and everyone on the committee. He agreed with Emily that one of the issues was Brandon got up there and got some interest in the golf course and there were more annual fees purchased, which cut into the revenues that would have come from paying for each round of golf and we were asking for something to be accomplished for a dollar figure that was unrealistic. He was working 70-90 hours a week and not being able to make ends meet. He had made several physical improvements to try to market the golf course and trying to implement the youth program and to increase men’s and women’s tournaments. The revenue was just not there. He continued by asking “do we want someone to create a nice setting that is well kept or do we want someone that is just to attend to the shop?” “A comparison of this year’s management to previous years shows us that the City is getting a bigger bang for our dollar, and increasing the value of our asset and that does not come free.” The majority of the increase he is asking for is actually to be able to hire part time employees, that are his employees, that would free him from the clubhouse to be able to increase the maintenance and continue to improve the golf course.  A Regular November 27, 2012 COMMISSIONER PRUITT asked Russell if Brandon Potts had a punch-in clock? Mr. Sights explained that he was an independent contractor. Commissioner Pruitt said “so we don’t really know how many hours he put in.” “He agreed to the contract and now he wants out of the contract.” Commissioner Mills added that he does not want out of the contract. Commissioner Pruitt believes “that when it comes to a contract, I think you should stick to the contract that you signed.” COMMISSIONER MILLS agreed on one aspect of Commissioner Pruitt’s statement but there are other things that come into this issue, such as marketable improvements made to the golf course and that we are getting more than what we had before in management of the golf course. It’s only right when a person is doing actually more than what we asked him to do. He felt that there was a legitimate reason to adjust and renegotiate because the City gets the upper hand with an asset that will continue to improve. COMMISSIONER PRUITT continued by saying “he could take a better job any day, so we got to start over anyway so he doesn’t think that we just got to have him.” “From November, December, January and February, he wants sole control of whether he opens up or not. “I think those types of things should be left up to Russell Sights. So, if he wants to go to Florida from November to February and in the contract it says that you guys can’t do nothing about it.” COMMISSIONER MILLS said that in the past when we had inclement weather, it was a management decision. Mrs. Gilliam agreed. COMMISSIONER PRUITT said “but it doesn’t say that in this amendment, that he’s got to call Emily, it says that it gives him sole discretion so that cuts out Emily and Russell and you are going to just give a guy who can say that he can go to Florida and they can’t do anything about it.” COMMISSIONER MILLS said that as an independent contractor, we are basically putting the asset into his hands anyway. Commissioner Pruitt stated that he felt that could be wrong, too. Commissioner Mills said that if you have been up there in the last two years, he did not think it was wrong. It is definitely improved. COMMISSIONER PRUITT said that “any city entity like that should...buck should stop with Russell Sights. He should have some say so if it is open or not.” Commissioner Mills said that would not be practical. Commissioner Pruitt added “then don’t put it in the contract.” Commissioner Mills asked Commissioner Pruitt “How would you like that to change?” Commissioner Pruitt said “I would like for that to change like it is as long as he gets in touch with Russell Sights.” Mr. Sights added “or Emily Gilliam.” Commissioner Pruitt agreed. Mr. Sights stated “that can be amended, if that is the desire of the majority of the Commission and can be amended on the floor tonight.” COMMISSIONER MILLS added that the idea of an independent contractor, he runs and operates the golf course and he has a vested interest to put in the amount of hours that he puts in to work on golf carts or to do the physical improvements that are being made there because, hopefully, that drives playership and that drives things that will drive his income up so that’s just the way I look at things but if we need to make that change.” MOTION by Commissioner Pruitt that we amend the part of the contract so that before he has any discretion to close it, he gets in touch with Emily or Russell Sights. MAYOR AUSTIN called for a second. This motion died for lack of a second. MOTION by Commissioner Pruitt seconded by Commissioner Mills, that we amend Paragraph 7 – Hours of Operation Subsection “B” to read:  A Regular November 27, 2012 B. During Daylight Savings Time (March, April, May, June, July, August, September, and October), the course shall be open by 7 a.m. and close at dusk or at other reasonable times, dependent on lack of players on the course by last tee time. During the offseason months of November, December, January and February, hours will be at the discretion of the Park and Recreation Director or City Manager or as golf course conditions warrant. COMMISSIONER TAYLOR asked Mrs. Emily Gilliam if she had any experience in operating a golf course? Mrs. Gilliam answered “No sir.” Secondly, Commissioner Taylor asked Mrs. Gilliam if she had any form of expertise as far as when a course should or should not be operated? Mrs. Gilliam agreed that she had no training in that area. Commissioner Taylor asked Mr. Sights if he was professionally trained in golf course maintenance or have any experience in that area? Mr. Sights asked if growing up on a farm qualified so his answer was “I do not have any training or experience in golf course maintenance?” Commissioner Taylor continued by saying that we were trying to amend this motion to place these decisions, not in the hands of the professional who is charged with the task, but we are wanting to expand the approval to people who have no experience and no qualifications to make these decisions. COMMISSIONER FARMER agreed that “we have not really changed the decision process, we’ve just created a grand game of “Mother May I.” “As a practical matter, if Mr. Potts calls Mrs. Gilliam and tells her for whatever reason, this course needs to be closed today, Mrs. Gilliam would agree.” “We have created a caveat in a contract that serves no purpose.’ COMMISSIONER PRUITT stated “I think it serves a purpose. It serves a purpose when a man can’t take four months off and say I’m going to go to wherever I want to go and, in my contract, they can’t do anything about it. It serves a big purpose.” COMMISSIONER MILLS stated that either side can cancel the contract with a 30-day notice so if he decided to go to Florida in November, he wouldn’t be the Golf Manager on December 2nd. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called on the amendment. On roll call, the vote stood: Commissioner Taylor ---------------- Nay: Commissioner Mills ----------------- Nay: Commissioner Farmer --------------- Nay: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ORIGINAL MOTION by Commissioner Mills, seconded by Commissioner Farmer, to adopt the resolution amending the Golf Course Management agreement between the City and Brandon Potts dated December 14, 2011. MR. MARK CUNNINGHAM, FREELANCE ARTIST, noted that a friend had told him some history regarding the City’s golf course. He stated that it was designed in 1909 and that was before Bobby Jones became famous and golf really became popular in America in the 1920’s and any golf courses built before that are significant. He has done videos on a lot of different things and this item sparked his interest as a artist and video producer. He is going to produce something about the history of the golf course. The politics is not important and he said that he was learning things about the golf course while listening to some of the wrestling that’s going on here. He asked if it would be OK with Mrs. Gilliam if he came by to talk to her.  A Regular November 27, 2012 The vote was called on the original resolution. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Nay: 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 ATTEST: November 27, 2012 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 99-12 RESOLUTION DISBANDING THE JOINT SOLID WASTE ADVISORY COMMITTEE WITH COUNTY MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution disbanding the joint City-County Solid Waste Advisory Committee. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: November 27, 2012 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 100-12 RESOLUTION ACCEPTING PROPOSAL OF EMERGENCY RADIO SERVICE, INC., FOR CITY WIDE RADIO SUPPORT AND MAINTENANCE CONTRACT MOTION by Commissioner Farmer, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract to Emergency Radio Service, Inc. (ERS) for city wide radio equipment support and maintenance.  A Regular November 27, 2012 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: November 27, 2012 Carolyn Williams, City Clerk _________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that unless there was a reason December 11, 2012, would be the last Board of Commissioner’s meeting this year. __________________________ MAYOR AUSTIN said that the Station One power plant has gotten some publicity this week without anything actually happening. There has been no discussion by this Commission or anyone other than some employees of the City and HMP&L. That building has been sitting there for almost five years, empty and deteriorating. There has been no interest from anyone wanting to develop that site within the five years. At the December 11th meeting, he would ask permission for staff to send out Requests for Proposal bids to market and sell the equipment inside that building and to demolish that building to salvage all metals, as well as selling the equipment, to offset the price. It will cost about $1.2 million to do the environmental remediation preliminary stage. After the building is cleared, there will be another environmental study. _________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT stated that the Board made a mistake by giving an independent person the right to open and close a City facility. ________________________ COMMISSIONER FARMER said that he could not remember getting more favorable remarks on anything the city has done before creating the River Walk and the tennis courts. COMMISSIONER MILLS added that the Turkey Trot Run going down the River Walk was a great addition. ____________________________ APPOINTMENT: BOARD OF ZONING ADJUSTMENT – CITY MR. ED WHELAN – TO FILL UNEXPIRED TERM OF WES SIGHTS – TERM TO EXPIRE JUNE 1, 2013 MOTION by Commissioner Farmer, seconded by Commissioner Mills, and upon recommendation of Mayor Steve Austin, to appoint Mr. Ed Whelan to fill the unexpired  A Regular November 27, 2012 term of Wes Sights on the Board of Zoning Adjustment – City. Term to expire June 1, 2013. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ___________________________ MEETING ADJOURN: MOTION by Commissioner Farmer, seconded by Commissioner Mills, for the meeting to adjourn. The vote was called. On roll call, the vote stood: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: _______________________________ WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:31 p.m. ___________________________ Steve Austin, Mayor December 11, 2012 ATTEST: _______________________________ Carolyn Williams, City Clerk