Board of Commissioners Meetings

A Regular December 11, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 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 Reverend Todd Linn, Ph.D., First 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. Danny Froehlich, Fire Chief Mr. John Reed, Police Chief Mr. Owen Reeves, Gas System Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Sanitation Superintendent Mr. Robert Gunter, Finance Director Mr. John Stier, Accounting Manager Mrs. Kathy Ferrell, Executive Director, Henderson City-County Planning Commission Mr. Bruce Shipley, HWU General Manager 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. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _________________________ PRESENTATION: MR. DANE SHIELDS, TENNIS CLUB BOARD OF DIRECTORS CHAIRMAN, presented a request for consideration and installation of proposed signage for the new tennis complex building on Water Street – Doc Hosback Tennis Complex. MOTION by Commissioner Pruitt, seconded by Commissioner Farmer, to name the tennis complex the “Doc Hosback Tennis Complex” and allow the signage to be installed. The Tennis Club will accept all of the costs.  A Regular December 11, 2012 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: ______________________________ PRESENTATION: MR. MALCOLM (MAC) E. NEEL, III, presented the Independent Auditor’s Report for the fiscal year ended June 30, 2012. Mr. Neel noted that the City has received a Certificate of Achievement for the eleventh year in a row. The certificate, awarded by the Government Finance Officers Association of the United States and Canada, represents the highest form of recognition in the area of governmental accounting and financial reporting. Mr. Neel discussed the highlights and details of the audited financial statements. He emphasized that the City of Henderson is in sound financial condition, and commended the Finance Director, the Accounting Manager, and the City Manager and staff for the manner in which the City’s financial records are kept. He thanked Ms. Betty Smithhart for her photographs and stated that he thought that Henderson had the best cover sheet in the state. Mayor Austin thanked Mr. Neel for his diligence in auditing the City’s financial statements. ______________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: November 27, 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: ___________________________________ ORDINANCE 33-12: SECOND 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 second reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Pruitt, that the Ordinance be adopted.  A Regular December 11, 2012 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 December 11, 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 13-4.1, 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 MAYOR AUSTIN explained that the state had asked for some additional minor changes in this ordinance which required a new first reading. 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 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. 101-12 RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION OF THE FIRST AMENDMENT TO THE GAS SALE CONTRACT BETWEEN PUBLIC ENERGY AUTHORITY OF KENTUCKY, INC. AND CITY OF HENDERSON, KENTUCKY, DATED AS OF AUGUST 1, 2006 MOTION by Commissioner Pruitt, seconded by Commissioner Taylor, to adopt the resolution authorizing the approval and execution of the First Amendment to the Gas Sale Contract with the Public Energy Authority of Kentucky, Inc. (PEAK) dated August 1, 2006.  A Regular December 11, 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: December 11, 2012 Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 102-12 RESOLUTION AUTHORIZING ACCEPTANCE BY CITY OF DONATION OF REAL PROPERTY, BEING APPROXIMATELY 1,680 SQUARE FEET LOCATED AT 8180 WATHEN LANE, FROM GREGORY P. HEBBELER MRS. DAWN KELSEY, CITY ATTORNEY, explained that Mr. Hebbeler had agreed to donate a parcel of land that fronts his property on Wathen Lane which will allow the City to connect property for future annexation. MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, to adopt the resolution authorizing acceptance of a donation of a parcel of land containing approximately 1,680 square feet, being a portion of frontage of 8180 Wathen Lane. MR. SIGHTS indicted that if the property had not been donated by Mr. Hebbeler there would be no way to connect to Mr. Higginson’s property for annexation purposes. 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: December 11, 2012 0Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 103-12 RESOLUTION AWARDING BID FOR THE PURCHASE OF EXTRICATION EQUIPMENT TO ADVANCED FIRE AND RESCUE OF BOONVILLE, INDIANA, IN THE AMOUNT OF $23,510.00  A Regular December 11, 2012 MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing the purchase of extrication equipment from Advanced Fire & Rescue Equipment, Inc. of Boonville, Indiana, for the Fire Department. MR. DANNY FROEHLICH, FIRE CHIEF, stated how important the purchase of new extrication equipment meant to the fire department plus the fact that their old equipment was over twenty years old and quite heavy. The new equipment was estimated to last at least 15 years. The old equipment coming out of service may be used as a trade-in on other equipment or they would see if a county department might use them. 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: December 11, 2012 Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS wished everyone a Merry Christmas. He added that he was taking time tonight to thank Mr. Farmer and Mr. Taylor for their service to the City and for the cooperation that he has received from them during the time he was City Manager. ANNEXATION REQUEST – J. R. HIGGINSON, WATHEN LANE  A Regular December 11, 2012 MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to approve this request to forward this annexation request to the Planning Commission for review and return of a recommendation for zoning classification. 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 December 11, 2012 MAYOR AUSTIN requested that the Board of Commissioners agree to direct City staff to prepare Professional Service Requests for Proposals (RFP’s) for the remediation, sale of equipment, recycle old materials and demolition of Station One Power Plant on Water Street. MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to direct City staff to prepare Professional Service Requests for Proposals (RFP’s) for the remediation, sale of equipment, recycle old materials, and demolition of Station One Power Plant on Water Street. 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: ________________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS said how much he appreciated Commissioner Farmer and Commissioner Taylor for the help they offered to him in the last two years that he has served on this Commission. There is a difference in governing and being political and he thinks that this Commission has done a great job at governing and making tough decisions that needed to be made and, at least twice in the Audit Report, those tough decisions showed up. Specifically, six years ago when Commissioner Farmer came on this panel, our reserves where low, very low, and now they are at what our auditor considered comfortable levels. He said that he thought that this speaks highly of tough the decisions and small decisions. Sometimes being conservative and doing what’s right for our community and our budget comes in small bites, not big bites. Sometime it comes in big bites, like changes in health insurance for our employees. Those are all brave, bold moves that haven’t been made until the last two years. It required leadership from the Mayor on down and he thanked everyone on this panel for those decisions and it has been a honor to serve. He considered the speed that Commissioner Taylor caught up to City issues, as probably, the best that has ever been done in two years as far as having a total grasp of the issues. It has been an honor to serve with these guys. ________________________ COMMISSIONER PRUITT said, especially to Mr. Farmer, that it has been a privilege to serve with you and I’ve been on other committees with you such as the Hoge Farm Commission, you always say “do your homework.” We always take a side of an issue and you fight your hardest to prove that your side is right. I, kind of, try to learn from you and to make sure that if that’s what you believe in to stick with what you believe in. You have been sort of a mentor to me in that process. Commissioner Alan, “it has been a privilege to serve with you and I wish you the best in everything.” This Commission, over the last two years, we have had some tough issues and we have had some battles but it was all for what we thought was best for the people of Henderson. I wish you guys the very best. __________________________ COMMISSIONER TAYLOR stated that he thanked approximately 3,700 voters two years ago for giving me the opportunity to be a public servant. Beyond that, he did not want to start a “thank you” list and omit somebody but there are three department heads that he has gone to and asked for specific information to prepare myself to come to these meetings knowing what I’m talking about, understanding completely the numbers and the figures. One, is Connie Galloway and he thanked her for the extra work that she was willing to do for him and Robert Gunter, thanks for the same type of performance, a very professional and proficient job and Chief John Reed, you have done the same when  A Regular December 11, 2012 I’ve needed more information, you went out of your way to help and I appreciate your professionalism. That doesn’t mean that I’m omitting any of the other department heads. He added that he would give Jan Hite the benefit of his learning curve as he had no idea and was naïve when he was elected, just how mad you make some people and how happy you make others when you vote. You will find that out shortly. Almost no vote is taken that you don’t offend somebody and you make somebody else glad. It comes with the territory, good luck. Also, I want to say that I don’t begrudge the hundreds of hours that I spent preparing myself to come to these meetings and I have read reams of documents and papers to make sure that I knew what I was talking about when I was making these statements at this commission meeting and voting as I have. I will say without reservation, there’s not one vote that I have cast nor one statement that I’ve made that I am nothing but proud of. I did the very best that I knew how to do for the people in Henderson in this two years of service. There are some unsung heroes that the public is not informed enough to appreciate them the way they should be, and that is Russell and Buzzy. I don’t think that most people even understand what Buzzy Newman does, I do now and have a pretty good grasp of what his responsibilities are and he deserves a lot of praise for the hard work and the countless hours he spends as Assistant City Manager. Russell, you have been a friend and you have provided me with tools to do the right things at the right time and you have been very professional and you are unappreciated by the public because of their lack of knowing exactly what you have to do day to day when you come to this building. I thank both of you guys and this Commission, and especially Mayor Austin. I don’t think the people realize what they have with you as Mayor. Jan and Tom get ready, you will have emails daily because this man communicates. He asks questions and gives you information and I appreciate his efforts to keep me up to speed and to provide me with things that I need to be aware of. I applaud your leadership and your vision because you have a vision for where we are going as a city financially and you have shared that with us. I really appreciate that and I think we are extremely lucky to have you as Mayor of this town. COMMISSIONER FARMER explained that this was the second time in his career with the city that he has had the opportunity to make parting remarks. I served one other tenure of about thirteen years and had the opportunity to say goodbye to city service and then I’ve been here for six years this time. I had a meeting in a separate venue with Robby this morning he asked if I was going to make some comments tonight and I said, probably not. So, I have spent the day trying to decide exactly what I would say or should say and I will be very careful and not single anyone out because when you try that, you end up missing someone and someone gets their feelings hurt and it is not the time for that. I would like to speak to all of the elected people that I’ve had the opportunity to serve with over the years. I can say, to a person, that everyone that I’ve had the opportunity to serve with came into the service with the City of Henderson wanting to make a difference in the community. I have not had a single individual who I felt was self-serving or looking for something for themselves. Service to the community is an honorable thing and I have been blessed to be able to serve with honorable people. That doesn’t mean that we’ve always agreed; that doesn’t mean that we haven’t had our moments that were somewhat tenuous. At the heart, people who stand for elected office and get the opportunity to sit on this bench do it for a reason that is not so personal. It’s about community. Sadly, it seems that the general public these days, spends a lot more time in criticizing government, not just local government but state and federal government. It seems the public spends more time in criticizing rather than “at-a-boys.” I recognize that when you put yourself in this position, that you open yourself up for criticism, Alan, I wish that I could say in my tenure that there was never a vote that I made that I wished I could change and I wish I could say that I never made a statement that I wish I could take back. Sadly, I cannot. There have been times, in retrospect, where I’ve seen where we could have done a better job. And sadly, because we are all human beings and because sometimes personalities get involved and there were remarks made that were said, and if I could go back, surely I would change that but I can’t. I think about all of the employees that I’ve had the opportunity to work with and get to know and I’m going to miss you guys. We had the good fortune to have Mac Neel here tonight and our City is in good shape. Our City is probably in as good a shape as any  A Regular December 11, 2012 community in the Commonwealth. Mac made a comment that the audit was an “audit of how well the Commission had done.” I choose to differ with him on that, because where the rubber meets the road is with the employees. We have been blessed for years to have good employees and our complement of city employees is as good as I’ve ever seen. I’m amazed at the things that they pull off. They pull that off every day with an eye on the bottom line looking at how can we do things more efficiently and how can we do things without spending more money than we have to. Those nice lofty numbers that Mr. Neel presented to us tonight certainly didn’t come from this group of people, it came from you people who are out there doing the job every day. I appreciate all of you. If I told you that I was not going to miss this, those who know me, know that I wouldn’t be telling the truth. I will miss the personalities as well as the process. You don’t spend nineteen years in a job without creating a certain love for it. If I didn’t love it, I would have gone away a long time ago. I have enjoyed being a City Commissioner as well as the process. As I drive through the community, I see things that I feel like we have done well. I am proud to call Henderson home and proud to say that, as a member of government, that we have maintained stability in our community and I do take pride in our community and will continue to take pride in our community. I’m not going to go away and lastly, and most importantly, I would like to thank the community for allowing me the opportunity to serve the years I did and I have tried to do all that I could to not betray that trust and these years have been very fond for me and I leave without any remorse or anger but I will miss you all. It’s been a great ride. _______________________ MAYOR AUSTIN added that it certainly has been an honor and privilege to serve with Commissioner Taylor and Commissioner Farmer and he has learned from both of them and have become friends as well as commissioners. I will miss them. I will miss the discussions that we have had and the input that they have given me, especially in the early days when I was just getting my feet wet and learning what it was all about here. Commissioner Taylor, I want to thank you for your commitment to the community and thanks for all that you have done. I will miss Commissioner Farmer, especially for his historical knowledge because he retains that knowledge better than most people I know. Thank you for your service. _________________________ EXECUTIVE SESSION: REAL ESTATE AND PERSONNEL AND LITIGATION MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, pursuant to the provisions of KRS 61.810(1)(b) that the Board of Commissioners go into Executive Session for the purpose of deliberation on the City’s future acquisition or sale of real property on Second Street only when publicity would be likely to affect the value of a specific piece of property, as well as pursuant to KRS 61.810(1)(f) for discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee or member as well as KRS 61.810.(1)(c) for discussions of proposed or pending litigation against or on behalf of the public agency. 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 December 11, 2012 MEETING RECONVENE: MOTION by Commissioner Farmer, seconded by Commissioner Mills, the Board of Commissioners reconvened in regular session. 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: ___________________________ RESOLUTION NO. 104-12 RESOLUTION APPROVING APPOINTMENT BY CITY MANAGER OF BRADLEY G. MILLS AS PUBLIC WORKS DIRECTOR; AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Farmer, seconded by Commissioner Taylor, to adopt the resolution approving the appointment by City Manager of Bradley G. Mills as Public Works Director; and approval of employment agreement and a authorizing Mayor to execute agreement on behalf of city. The vote was called. 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 data thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor December 11, 2012 ATTEST: Carolyn Williams, City Clerk ___________________________ MEETING ADJOURN: MOTION by Commissioner Taylor, 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:  A Regular December 11, 2012 WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 7:00 p.m. ___________________________ Steve Austin, Mayor January 8, 2013 ATTEST: _______________________________ Carolyn Williams, City Clerk