Board of Commissioners Meetings

A Regular January 22, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 22, 2013, 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 Anthony Anguish, Mt. Olivet 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 Jan Hite Commissioner Robert N. Pruitt Commissioner Tom Davis 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. Kathy Ferrell, Executive Director, Henderson City-County Planning Commission Mr. Curt Freeze, Assistant Executive Director, Henderson City-County Planning Commission Mr. Brad Mills, Public Works Director Mrs. Connie Galloway, Human Resources Director Mr. Bruce Shipley, HWU General Manager Mr. Bryant Woodard, Rescue Squad Mrs. Beth Strawn, Downtown Henderson Project Mr. Glen Stone, Glen Stone Construction 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: January 8, 2013, Called Meeting January 9, 2013, Regular Meeting January 15, 2013, Work Session Resolutions: RESOLUTION NO. 15-13 RESOLUTION APPROVING AGREEMENT BETWEEN THE HENDERSON CITY/COUNTY RESCUE SQUAD, THE CITY OF HENDERSON, THE COUNTY OF HENDERSON, AND HENDERSON EMERGENCY MANAGEMENT  A Regular January 22, 2013 RESOLUTION NO. 16-13 RESOLUTION AUTHORIZING THE SUBSTITUTION OF THE AUTHORIZED REPRESENTATIVES TO EXECUTE KENTUCKY STATEWIDE EMERGENCY MANAGEMENT MUTUAL AID AND ASSISTANCE AGREEMENT MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to approve the items on the Consent Agenda. Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ ORDINANCE NO. 01-13: SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HENDERSON TO REFLECT SUBDIVISION REGULATIONS MOTION by Commissioner Hite, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 February 12, 2013 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 02-13: FIRST READING ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY WHICH IS AN UNIMPROVED ALLEYWAY LOCATED IN THE CITY OF HENDERSON AND RUNNING THROUGH PROPERTY ADDRESSED AS 335 HWY. 41 SOUTH (REVISED OUT LOT #1-BLOCK #3) OF THE LAKELAND SUBDIVISION MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 22, 2013 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 NO. 03-13: FIRST READING ORDINANCE AMENDING ARTICLE 408, DRUG FREE WORKPLACE POLICY AND DRUG TESTING POLICY, AND ATTACHMENT A, DRUG AND ALCOHOL POLICY MOTION by Commissioner Davis, seconded by Commissioner Mills, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 NO. 04-13: FIRST READING ORDINANCE AMENDING THE INTRODUCTION OF THE EMPLOYEE MANUAL TO CLARIFY THAT THE CITY OF HENDERSON WILL FOLLOW APPLICABLE STATE AND FEDERAL LAW IF A CONFLICT ARISES BETWEEN THE TERMS OF THE MANUAL AND AN APPLICABLE STATE OR FEDERAL LAW AND AMENDING ARTICLE 520, PARAGRAPH E, DISCIPLINARY GUIDELINES, GUIDELINES FOR OFFENSES AND DEFICIENCIES, TO REMOVE POSSESSION OF A CONCEALED DEADLY WEAPON IN CITY OWNED, LEASED OR CONTROLLED BUILDING AND TO ADD DISHONESTY IN THE PERFORMANCE OF JOB DUTIES AS SPECIFIC OFFENSES OR DEFICIENCIES MOTION by Commissioner Hite, seconded by Commissioner Mills, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 January 22, 2013 ORDINANCE NO. 05-13: FIRST READING ORDINANCE REGULATING CARRYING CONCEALED WEAPONS IN CITY OWNED BUILDINGS MOTION by Commissioner Hite, seconded by Commissioner Mills, that the ordinance be adopted. COMMISSIONER PRUITT asked for an explanation of what this ordinance means. MRS. DAWN KELSEY, CITY ATTORNEY, explained that this ordinance would prohibit anyone, including the City employees, from carrying a concealed deadly weapon into this building or any portion of a building owned or leased or controlled by the City. The law enforcement officers are exempted by state law. This ordinance gives the City Manager the right to allow individuals who have a concealed deadly weapon to receive written permission prior to carrying the weapon into a City building. Also, we will post all areas where concealed weapons are prohibited. COMMISSIONER PRUITT stated that this ordinance would give our City Manager a lot of power by stating who could or could not carry a concealed weapon. He continued by saying that the only ones who are going to have guns are the ones who are going to be shooting. It leaves the citizens at their mercy and that we should slow down. MRS. KELSEY explained, because the city has already banned city employees from carrying concealed weapons on city property, there would have to be signs banning that practice. So you need to do this ordinance as well so we can post it. MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that he could go either way the Board of Commissioners chose. “I’m willing to accept that responsibility if the Board of Commissioners wants to give it to me.” He continued by saying that he also is willing to leave that clause out and to allow for an exception in another way. MR. ROBBY MILLS, CITY COMMISSIONER, called this a “common-sense stop and the citizens of Henderson expect city facilities and parks to be safe places to go.” MR. TOM DAVIS, CITY COMMISSIONER, reminded everyone that we are here discussing a “concealed” weapon and we are not going to be patting people down. “Let’s hope this is a way for people to keep from going back to the wild, wild west.” MAYOR STEVE AUSTIN suggested that we gather more information. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 January 22, 2013 RESOLUTION NO. 17-13 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR GLEN STONE, FOR PROPERTY LOCATED AT 238 NORTH MAIN STREET, HENDERSON KY MOTION by Commissioner Mills, seconded by Commissioner Davis, to approve the resolution granting a property reassessment moratorium for Glen D. Stone for property located at 238 North Main Street. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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: January 22, 2013 Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 18-13 RESOLUTION AUTHORIZING SUBMITTAL AND ACCEPTANCE OF GRANT APPLICATION TO KENTUCKY DIVISION OF WASTE MANAGEMENT UNDER THE WASTE TIRE MARKET DEVELOPMENT CRUMB RUBBER GRANT PROGRAM IN THE AMOUNT OF $12,384 TO BE USED BY THE PARKS AND RECREATION DEPARTMENT; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS AND TO ACT AS AUTHORIZED CORRESPONDENT FOR THE PROJECT MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to accept the resolution authorizing submittal and acceptance, if awarded, of a 2013 Kentucky Division of Waste Management under the Waste Tire Market Development Crumb Rubber Grant Program. COMMISSIONER HITE stated that she had some concerns regarding the crumb rubber mulch. One of her concerns was that during the summer months the mulch got really hot. Also, the steel belts in the tire are ground up along with the rubber and would leave steel pieces behind. COMMISSIONER DAVIS commented that this mulch was being used at the county’s park near the Fairgrounds on Airline Road. MAYOR AUSTIN suggested that this resolution be tabled. MR. BUZZY NEWMAN, ASSISTANT CITY MANAGER said that in previous experience with overseeing the construction of a day care center on the grounds of the Methodist Hospital that ground cover was regulated by the state. They used a rubber type mulch but he could not say with 100% certainty that it was recycled tires. We need to clarify that the tire recycling meets some sort of guidelines for children.  A Regular January 22, 2013 MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to table this resolution until Thursday, February 24, 2013. The vote was called to table Resolution No. 18-13. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: __________________________ RESOLUTION NO. 19-13 RESOLUTION AWARDING BID FOR PURCHASE OF CEMENT CONCRETE TO IRVING MATERIALS, INC., (IMI SOUTHWEST) OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Hite, to approve the resolution authorizing the award of a bid to Irving Materials, Inc. (IMI Southwest), Henderson, Kentucky, for cement concrete and related street repair commodities. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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: January 22, 2013 Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 20-13 RESOLUTION AWARDING BID FOR PURCHASE OF CONCRETE LABOR TO TOMPKINS HAULING AND EXCAVATING, OF HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Davis, to approve the resolution authorizing the award of a contract to Tompkins Hauling & Excavating, Henderson, Kentucky, for the furnishing of labor services for various repairs to concrete streets and sidewalks. The estimated value of the contract is $70,860.00 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING  A Regular January 22, 2013 MR. SIGHTS said “Mr. Mayor, as a matter of full disclosure, Logan Tompkins, owner of Tompkins Hauling & Excavating, is a distant relative of mine at approximately the 6th or 7th degree of consanguinity. This has no influence on my recommendation in this matter, but I am obligated to inform you of this family relationship. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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: January 22, 2013 Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 21-13 RESOLUTION APPROVING CHANGE ORDER #3 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 $10,150 MOTION by Commissioner Davis, seconded by Commissioner Mills, MR. NEWMAN explained that he had received a phone call from a grandmother who expressed concern about the lack of protection between the playground area and the stone retaining wall along the river. At a progress meeting for the tennis courts, he asked our consulting engineer to give an opinion of the safety hazard that potentially exists. When we went down there, the Transportation Cabinet representatives went along [they are the funding agency for the project] as well as the contractor of record that build the restrooms in Sunset Park. The consensus was that a fence was needed for safety reasons. At that time we asked the contractor on the restroom project to give us a price two ways. One was for putting up a 4’ vinyl coated black chain link fence and the other was for an Ameristar product that was similar to what is along the river walk. The Ameristar product along that area would be $46,150. The vinyl coated chain link fence would be $10,150. With those economies, he recommended the chain link fence. A majority of the Board agreed that the Ameristar product would be the best way to go. MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to amend the resolution to read “in the amount of $46,150” for fencing in Sunset Park. COMMISSIONER HITE suggested that maybe the bollards and chains might be a good idea. MAYOR AUSTIN asked if it would be a good idea to postpone a vote on this resolution tonight and bring it back on January 24, 2013.  A Regular January 22, 2013 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING COMMISSIONER DAVIS withdrew his motion to amend. COMMISSIONER PRUITT withdrew his second to amend. COMMISSIONER DAVIS withdrew his original motion. COMMISSIONER MILLS withdrew his original motion. WHEREUPON Resolution 21-13 was withdrawn. ______________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS announced that the Mayor has scheduled a called meeting on Thursday, January 24, 2013, at 5:30 p.m. There is a conflict for our regularly scheduled work session on February 19, 2013. February 11, 18, or 25th are alternative dates for the work session. Board members agreed to reply to Mr. Sights tomorrow. ___________________________ COMMISSIONER’S REPORTS: COMMISSIONER HITE stated that she appreciated the citizens actually taking an interest in reading Frank Boyett’s report on what was planned for our next meeting allowing citizens to call to express their views. COMMISSIONER DAVIS encouraged everyone to go to the GIS seminar next Tuesday, January 29, 2013, at 5:30 p.m. in the Planning Commission offices as well as encouraging the public to attend the Public Hearing on Green River Road being held at Bend Gate School. ____________________________ EXECUTIVE SESSION: REAL PROPERTY MOTION by Commissioner Pruitt, seconded by Commissioner Pruitt that the Board of Commissioner’s go into Executive Session, pursuant to KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property by a public agency when publicity would be likely to affect the value of a specific piece of property. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session.  A Regular January 22, 2013 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Hite, for the meeting to adjourn. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: Mayor Austin declared the meeting adjourned. ___________________________ Steve Austin, Mayor February 12, 2013 ATTEST: _______________________________ Carolyn Williams, City Clerk