Board of Commissioners Meetings

A Regular February 12, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 12, 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 Mr. Russell R. Sights, City Manager, 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 Mrs. Kathy Ferrell, Executive Director, Henderson City-County Planning Commission Mr. Curt Freeze, Assistant Executive Director, Henderson City-County Planning Commission Mr. Tom Menner, Gas Operations Manager Mr. Roger Lalik, Network Administrator Mrs. Connie Galloway, Human Resources Director Mr. Tom Williams, HWU Director of Engineering Mr. Leeson Neel, HWU Chief Financial Officer Major Frank Cates, Police Major Mr. Mike Richardson, Police Reserve Officer Mr. J. R. Higginson Miss Morgan Hite Mr. Aiden Hite Mr. Frank Boyett, The Gleaner ______________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: January 22, 2013, Regular Meeting January 24, 2013, Called Meeting Resolutions: RESOLUTION NO. 22-13 RESOLUTION AUTHORIZING THE SUBMISSION OF GRANT APPLICATION TO TRANSPORTATION CABINET, KENTUCKY OFFICE OF HIGHWAY SAFETY, IN THE AMOUNT OF $27,443.00 FOR THE POLICE DEPARTMENT, AND ACCEPTANCE OF GRANT IF AWARDED  A Regular February 12, 2013 RESOLUTION NO. 23-13 RESOLUTION ADOPTING AMENDED ENFORCEMENT RESPONSE PLANS FOR HENDERSON WATER UTILITY (HWU) MOTION by Commissioner Pruitt, seconded by Commissioner Mills, 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. 04-13: SECOND READING ORDINANCE AMENDING EMPLOYEE MANUAL 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 DEADLY WEAPON FROM OFFENSE NO. 21 AND TO ADD 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 Mills, seconded by Commissioner Davis, that the ordinance be adopted. MAYOR AUSTIN explained that this was the ordinance cleaning up the original ordinance that we had a first reading on concerning concealed weapons in regard to city employees. COMMISSIONER PRUITT stated that he wanted to be sure. Does this go for the public, too? MRS. DAWN KELSEY, CITY ATTORNEY, explained that this ordinance was addressing the employee manual. COMMISSIONER PRUITT asked “if a person works for the city and he has a concealed weapon permit and he decides to come to pay his utility bill and he brings his concealed weapon in and pays his bill, he would be in violation, is that what you are saying?” MRS. KELSEY responded that she wanted to be sure that she understood his question. If we have an employee who brings a concealed weapon in, would they be in violation if we passed this ordinance? Yes, they would. COMMISSIONER PRUITT responded “even on his day off, you know, he just come to pay his utility bill. Mrs. Kelsey stated that the employee manual is for when you are on duty. Commissioner Pruitt responded that sometimes the employee manual covers employees outside of duty, too. Mrs. Kelsey said that she felt that we were pretty specific in the employee manual, when you are outside your employment, you can be disciplined for that and in this one, we are not.  A Regular February 12, 2013 MAYOR AUSTIN explained that this is evidently the second item that was on the agenda at the called meeting on January 24th. There were two items on that agenda, the first one had to do with the employee manual and the second one had to do with the public concealed carry. MRS. KELSEY stressed that this was the employee manual amendment. COMMISSIONER PRUITT asked “how does that affect an employee coming in with “open carry?” Mrs. Kelsey explained that it would not prohibit him. MAYOR AUSTIN asked if everyone was clear on what we were voting on here? COMMISSIONER HITE stated that Robert’s questions were confusing to her. Her understanding was that this Ordinance No. 4-13 covered both the disciplinary action and the concealed weapons. COMMISSIONER PRUITT said “it’s kind of funny, I don’t know, it’s just something that is just ain’t right here. If we got an employee whose off duty, whose had background checks, whose learned to shoot his firearm, whose went through all whatever it takes to learn to handle a gun properly and safe and we’re going to penalize him and say that you can’t bring it into this office but if you hadn’t went through all of that background checks, you can bring it in the office because the state of Kentucky and the Constitution backs it and says you can, so you can just strap...I’d rather a guy not strap it on and walk in; I’d rather him have a concealed weapon so he doesn’t upset people because you never know who has a concealed weapon, everybody in this room could have a concealed weapon so everybody is at ease. But, if we all started strapping guns on and walking down the street and coming into city places, young kids, mothers and everybody would get a little antsy seeing everybody with a gun so I think that if any citizens goes and sticks with the law and gets his concealed weapons in the state of Kentucky and they allow him to have concealed weapons, I think we should honor it.” COMMISSIONER HITE said to Robert, “this is the first reading and later in the packet....Mayor Austin stated that the City Manager recommended that we vote this down and then approve the other one that’s proposed in our packet. COMMISSIONER PRUITT said “yah, but that still has other recommendations in it too.” COMMISSIONER DAVIS said that the other one allows us to stand only under state and federal regulations. COMMISSIONER PRUITT said “Yah, and the state and federal regulations supersedes.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Nay: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- Nay: Commissioner Mills ----------------- Nay: Mayor Austin ------------------------- Nay: WHEREUPON Ordinance No. 04-13 was defeated.  A Regular February 12, 2013 MAYOR AUSTIN asked Mrs. Kelsey if we still had any outstanding public concealed carry ordinance that we passed on first reading? Mrs. Kelsey answered, yes, referring to Ordinance No. 05-13. MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to bring back Ordinance No. 05-13. Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ MAYOR AUSTIN called for a short recess. _____________________________ ORDINANCE NO. 05-13: SECOND READING ORDINANCE RELATING TO CONCEALED WEAPONS ORDINANCE REGULATING CARRYING CONCEALED WEAPONS IN CITY OWNED BUILDINGS MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to adopt Ordinance No. 05-13. COMMISSIONER PRUITT said “the reason I wanted to bring it back up and not let this lie out there like we talk about a thousand other resolutions. This is one that we need to clear up, clear it up for the citizens of Henderson and let them know that which way we stand and get a clarification on what we are really voting on. I really apologize to the people of Henderson, all of the citizens, because when it came up, I had a lot of questions and I raised a lot of questions but one of the things that this commission wanted to do, that I believe, is to make it safer for the citizens of Henderson because if we don’t, we shouldn’t have any guns in the city places when you are going out, we shouldn’t have any guns in this grocery store but like I said, we had a time in our life in the United States that people feel that to be protected they got to have some kind of firearm on them and if that’s where everybody’s at, than the Constitution backs that you can. So, coming behind Sandy Hook and everybody’s emotions running high about the kids and nobody ever wants that to happen again, that’s why I voted for it because I wanted to make the place safer but I knew that there was a thousand reasons why I shouldn’t have voted for it and one of them was when we started giving people certain powers to tell certain people who can have concealed weapons and who can’t. I knew we was way off track and my head was saying Robert, don’t vote for it but my heart was saying if it will save one life, vote for it so that’s why I did and that’s why I wanted to bring it up tonight and clarify it and make the real vote that I should have made on first reading. COMMISSIONER HITE stated that she recognized that she had made a mistake with her vote for first reading but had not spoken publically about it but she indicated that her intent was pure and she doesn’t believe that the city staff that recommended this ordinance had any malicious intent either. Regardless, Robert asked his questions out loud and I did mine silently and it was pointed out to me later on, that my silence was misunderstood and “I will never let that happen again.” She said that she was glad to see this ordinance come back up tonight so that we have a chance to correct it and move on from here. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING  A Regular February 12, 2013 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Nay: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- Nay: Commissioner Mills ----------------- Nay: Mayor Austin ------------------------- Nay: WHEREUPON Mayor Austin declared Ordinance No. 05-13 defeated. ________________________ ORDINANCE NO. 06-13: FIRST READING ORDINANCE REGARDING ANNEXATION ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED ON WATHEN LANE AS FOLLOWS: 7996 WATHEN LANE, OWNED BY BERNARD TROY BRANSON AND CONTAINING 12.03 ACRES; 8000 WATHEN LANE OWNED BY CHRISTOPHER AND STACEY GAGER, CONTAINING 9.25 ACRES; 8070 WATHEN LANE, OWNED BY JANET WALLACE, CONTAINING 1.70 ACRES; 8140 WATHEN LANE OWNED BY MARVIN AND CARRILEE HANCOCK, CONTAIN1.37 ACRES; ALSO INCLUDED A 12 FT. BY 140 FT. PIECE OF RIGHT- OF-WAY RUNNING ALONG THE FRONT PROPERTY LINE OF 8180 WATHEN LANE, OWNED BY THE CITY OF HENDERSON; AND THE FOLLOWING PROPERTIES OWNED BY HIGGINSON FAMILY, LLP, 8198 WATHEN LANE, CONTAINING .70 ACRES, 8206 WATHEN LANE CONTAINING 1.348 ACRES, 8216 WATHEN LANE, CONTAINING 1.64 ACRES AND 8222 WATHEN LANE, CONTAIN.62 ACRES On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Davis, that the Ordinance be adopted. MR. RUSSELL SIGHTS, CITY MANAGER, stated that because of the delay that has been experienced and the time involved and we haven’t had this many residents requesting annexation for quite a long period of time. Mr. Sights explained that during this interim period, he had requested that the city police and city fire departments respond to any emergency on these effected residents until the second reading was final. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING 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 February 12, 2013 ORDINANCE NO. 07-13 ORDINANCE AMENDING EMPLOYEE MANUAL 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 DEADLY WEAPONS FROM OFFENSE NO. 21, AND TO ADD DISHONESTY IN THE PERFORMANCE OF JOB DUTIES AS SPECIFIC OFFENSES OR DEFICIENCIES On first reading of the Ordinance, it was moved by Commissioner Hite, seconded by Commissioner Pruitt, that the Ordinance be adopted. COMMISSIONER HITE said that Item #21 on the Guidelines for Offenses of Deficiencies is the issue that addresses possession of deadly weapons. With this ordinance, it will be changed to ”possession of dangerous materials in the workplace, or on property owned, leased, or controlled by the City.” It is also marked with footnote #14 that reads “Pursuant to KRS 65.870, the City of Henderson may not regulate [the manufacture, sale, purchase, taxation, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of ammunition, firearms accessories or combination thereof] except where other statutes authorize it.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING 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. ______________________________ RESOLUTION NO. 24-13 RESOLUTION SUPPORTING REFORMS TO THE COUNTY EMPLOYEES RETIREMENT SYSTEM (CERS) TO MAKE THE PLAN SUSTAINABLE, SOUND, AND SECURE FOR CURRENT AND FUTURE EMPLOYEES MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to approve the resolution supporting reforms to the County Employees Retirement System (CERS) to make the Plan sustainable, sound and secure for current and future employees COMMISSIONER HITE explained that this resolution was added after the regular information was sent to the Board of Commissioners and when she pulled up SB-2 and found it to be a 93-page PDF; she did not have time to read the information. She understood that this resolution was time-sensitive but there were some items that left her uneasy. She asked if anyone knew what a “hybrid cash balance” plan for new employees in CERS. MAYOR AUSTIN explained that this plan would be similar to a 401-K plan.  A Regular February 12, 2013 COMMISSIONER HITE stated that she did not like that this resolution was added to the regular meeting agenda today. She said that she would have liked to have more time to research this plan before it was proposed for a vote. MR. SIGHTS responded to Commissioner Hite by stating why the resolution was walked-on tonight. ”At last count, 65 cities were on record by passing this document and yesterday morning a plea to the cities, who had not responded, needed to respond to add to those 65 cities in order to have more influence on the House of Representatives. 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 ----------------- Nay: 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: February 12, 2013 Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 25-13 RESOLUTION AWARDING BID FOR PURCHASE OF POLICE UNIFORMS AND ACCESSORIES TO GALLS, OF LEXINGTON, KENTUCKY, IN THE AMOUNT OF $24,921.75 MOTION by Commissioner Hite, seconded by Commissioner Pruitt, to accept the resolution authorizing the award of a contract for police uniforms to Galls, Lexington, Kentucky, in accordance with their low bid price. The estimated value of the contract is approximately $24,921.75 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: February 12, 2013 Carolyn Williams, City Clerk  A Regular February 12, 2013 RESOLUTION NO. 26-13 RESOLUTION APPROVING PURCHASE OF PATROL RIFLES FROM BUDS POLICE SUPPLY, LEXINGTON, KENTUCKY, IN THE TOTAL AMOUNT OF $15,335.00 MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to approve the resolution authorizing the purchase of Police Patrol Rifles and related equipment from Buds Police Supply, Lexington, Kentucky, in the total amount of $15,335.00 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: February 12, 2013 Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS announced that a called work session will be held on Monday, February 18, 2013, at 5:30 p.m. This called work session will include the 6-month financial status report of the city. At the same meeting, Mr. Robert Gunter, Finance Director, will recommend a minor reorganization that includes two positions in the Finance Department. Also, the rankings of what the Board of Commissioners’ evaluations for Community Betterment Projects and Riverfront Improvement Project activity will be discussed. Staff is continuing to meet with our insurance broker and continuing to make progress on establishing an off-site clinic for city employees and their families. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER HITE announced that Sunday, February 24, 2013, is Henderson Community College’s “Super Sunday.” This is an event that all KCTCS colleges put on every year. This is an annual student recruitment initiative that targets college enrollment for African-Americans and will be held at First Missionary Baptist Church this year. ____________________________ COMMISSIONER DAVIS welcomed all of the City’s new residents on Wathen Lane. He added that he understood Commissioner Pruitt’s suggestion of “clearing the table” on the concealed weapons ordinance but he wanted to apologize to the people that he had spoken to and agreed to give the proper public attention to the subject before it was voted on. Since it did not happen that way, he wanted to apologize to them. He wholeheartedly endorsed the ordinance on the retirement reform on the CERS Pension system.  A Regular February 12, 2013 COMMISSIONER MILLS announced that the Joint City-County Cooperative Study Group has changed its meeting to the second Tuesday of the month at 3 p.m. ___________________________ EXECUTIVE SESSION: REAL PROPERTY AND LITIGATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills 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 as well as pursuant to 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 Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: MEETING RECONVENE: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. 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: ______________________________ RESOLUTION NO. 27-13 RESOLUTION APPROVING SETTLEMENT BETWEEN THE CITY OF HENDERSON AND HAMILTON FAMILY PROPERTIES, LLC, ET AL MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to approve the resolution approving settlement between the City of Henderson and Hamilton Family Properties, LLC, ET AL 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: February 12, 2013 Carolyn Williams, City Clerk  A Regular February 12, 2013 RESOLUTION NO. 28-13 RESOLUTION TO RETAIN JACK BENDER, BINGHAM GREENEBAUM DOLL LLP, TO PROVIDE ANY NECESSARY LEGAL SERVICES FOR THE CITY OF HENDERSON IN ENVIRONMENTAL MATTERS MOTION by Commissioner Davis, seconded by Commissioner Mills, to approve the resolution to retain Jack Bender, Bingham Greenebaum Doll, LLP. to provide any necessary legal services for the City of Henderson in environmental matters. 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: February 12, 2013 Carolyn Williams, City Clerk __________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Mills, 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 at approximately 7:05 p.m. ___________________________ Steve Austin, Mayor February 12, 2013 ATTEST: _______________________________ Carolyn Williams, City Clerk