Board of Commissioners Meetings

A Regular April 9, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 9, 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 Larry Butler, Victory Baptist Church, and then Mayor Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. COMMISSIONER TOM DAVIS thanked Reverend Butler for his work with “World Changers” every year. Reverend Butler told the audience that he has relinquished his job to someone younger that him but plans to be available each day they are in Henderson. ________________________ 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 Major Frank Cates, Police Department Mrs. Connie Galloway, Human Resources Director Mrs. Emily Gilliam, Parks & Recreation Director Mr. Mark Simmons, Recreation Program Manager Ms. Tammy Willett, Community Development Specialist Mr. Jeff Gregory, Human Relations Commission Executive Director Mrs. Kathy Ferrell, Executive Director, Henderson City-County Planning Commission Mr. Curt Freeze, Assistant Executive Director, Henderson City-County Planning Commission Mr. Bruce Shipley, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Mark Cunningham Mrs. Mary Alice Springer, DAR Mr. Tom Springer Ms. Beth Strawn, Executive Director of the Downtown Henderson Partnership Mr. Jack Hogan, Chairman, Henderson Downtown Partnership Ms. Morgan Hite Mr. Aiden Hite Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner  A Regular April 9, 2013 PRESENTATION: MRS. MARY ALICE SPRINGER – DAR CERTIFICATE Mrs. Springer stated that if you remember last May 19th, we were able to mark Samuel Hopkins’ grave at a ceremony by five lineage markers. Most likely no one has ever marked a grave at a single ceremony with five markers. The event could never had happened if it weren’t for the city, the county, the trustees, and the volunteer groups. They worked to clear that cemetery and restore it to the fine place it is now. She continued by saying that the reason she was here was to explain that we wrote this event up as a commemorative event, commemorating the 200th Anniversary of the War of 1812. For that reason, the DAR sponsored a contest. The Commonwealth of Kentucky gave the Samuel Hopkins Chapter of the DAR a 1st Place Award. It will go on to the Division Level, and if we are fortunate enough, it will go to the National Level like we did last year. _______________________________ PROCLAMATION: “FAIR HOUSING MONTH 2013” MAYOR AUSTIN asked Jeff Gregory and Tammy Willett to come forward to accept the proclamation publically declaring the month of April 2013 as “Fair Housing Month” and urged all citizens to join him in reaffirming the obligation and commitment to fair housing opportunities for all. Mr. Gregory introduced Mr. Bayardo Solorza and Ms. Cathy Townsend along with another board member to show their support for fair housing. ____________________________ PROCLAMATION: “EARTH DAY 2013” MAYOR AUSTIN stated that Susan Sauls, Tri-County Recycling, requested a proclamation be prepared for “Earth Day 2013.” The mayor proclaimed April 22, 2013, as “Earth Day” and asked that every day to support environmental initiatives in our City and to encourage others to undertake similar actions. ____________________________ EXECUTIVE SESSION: LITIGATION Motion by Commissioner Pruitt, seconded by Commissioner Hite, pursuant to the provisions of KRS 61.810 (1)(c) that the Board of Commissioners go into Executive Session for the purpose of 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 Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ MEETING RECONVENE: Motion by Commissioner Pruitt, seconded by Commissioner Davis, the Board of Commissioners reconvened in regular session.  A Regular April 9, 2013 The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ PRESENTATION: DOWNTOWN HENDERSON PARTNERSHIP REPORT Ms. Beth Strawn, Executive Director of the Downtown Henderson Partnership, told the Board of Commissioners that last year DHP saw 15 new businesses opened while five closed for a net of nine new businesses creating a net of 39 new jobs. From 2001 through 2012, she said there has been more than $33.6 million invested in the downtown, of which $7.2 million has come from the private sector. During that period, the downtown netted 222 new jobs and 53 new businesses. She continued by saying that over the years DHP has managed to give the City a good return on its investment. ________________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: March 26, 2013, Regular Meeting MOTION by Commissioner Hite, seconded by Commissioner Mills to approve the item on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ ORDINANCE NO. 08-2013: SECOND READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENDING JULY 1, 2012, AND ENDING JUNE 30, 2013, FOR THE CITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular April 9, 2013 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 April 9, 2013 ATTEST: Carolyn Williams __________________________ ORDINANCE NO. 11-2013: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AT THE WARM CENTER FACILITY LOCATED AT 50 MCKINLEY STREET, CONSISTING OF WATER AND SEWER IMPROVEMENTS MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 ATTEST: April 9, 2013 Carolyn Williams __________________________ ORDINANCE NO. 10-2013: SECOND READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN SUMMARY: ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY RECLASSIFYING ONE ADMINISTRATIVE SECRETARY POSITION TO DEVELOPMENT LIAISON POSITION AND ONE PART-TIME OFFICE ASSISTANT TO ONE FULL TIME SECRETARY, IN THE CODES DIVISION BUDGETED POSITIONS, AND TO AMEND THE AMENDED BUDGET TO CHANGE THE NUMBER AND CLASSIFICATION OF CITY EMPLOYEES AS RECITED IN THE ANNUAL AMENDED BUDGET MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular April 9, 2013 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 ATTEST: April 9, 2013 Carolyn Williams __________________________ ORDINANCE NO. 09-13: SECOND READING SUMMARY OF BOND ORDINANCE – CITY OF HENDERSON, KENTUCKY AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE ISSUANCE OF THE CITY’S GENERAL OBLIGATION BONDS, SERIES 2013A, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A PORTION OF THE COSTS OF MAJOR MUNICIPAL SANITARY SEWER ADDITIONS AND IMPROVEMENTS; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE SERIES 2013A BONDS ARE TO BE ISSUED AND OUTSTANDING; ORDERING AND PROVIDING FOR THE LEVY OF AN ANNUAL TAX, TO THE EXTENT NECESSARY, SUFFICIENT TO PAY THE INTEREST ON AND PRINCIPAL OF THE SERIES 2013A BONDS; AND PROVIDING FOR A PUBLIC SALE OF THE SERIES 2013A BONDS AND THE APPLICATION OF THE PROCEEDS THEREOF MOTION by Commissioner Pruitt, seconded by Commissioner Davis, to adopt on final reading of an ordinance authorizing the issuance of City General Obligation Bonds, Series 2013A for the purpose of providing funds to pay a portion of the costs of major municipal water, sanitary sewer and storm sewer system additions and improvements, and related costs in the principal amount of $9,995,000. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 ATTEST: April 9, 2013 Carolyn Williams  A Regular April 9, 2013 ORDINANCE 12-13: FIRST READING ORDINANCE REGARDING PARKS AND RECREATION BOARD ORDINANCE AMENDING CHAPTER 17, ARTICLE II, PARKS AND RECREATION BOARD, SECTIONS 17-25 THRU 17-30, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. It is proposed that the Parks and Recreation Board membership be reduced from seven members to five. Appointments will continue to be made by the Mayor with the consent of the Board of Commissioners. Members will continue to serve four-year terms. Board meetings shall be conducted not less than twice a year and remain open to the public. MAYOR AUSTIN explained that he had written to the current members of the Park and Recreation Board extending an invitation for all of them to continue serving on this five-person board that would meet semiannually and Bill Stevens and Reverend Anthony Anquish said that they would like to continue to serve. He will wait to hear from the other members. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 13-13: FIRST READING ORDINANCE REGARDING ANNEXATION ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED AT 8110 WATHEN LANE IN HENDERSON COUNTY, CONTAINING 1.83 ACRES, MORE OR LESS, OWNED BY MICHAEL AND BARBARA HALL On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 April 9, 2013 ORDINANCE 14-13: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CLARENCE WOODS ESTATES SUBDIVISION, LOTS 10 & 11 CONSISTING OF CONCRETE SIDEWALKS On first reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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. __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that there will be no work session on April 16th and said that milling would begin on North Main Street on Wednesday, April 10, 2013. ___________________________ COMMISSIONER’S REPORTS COMMISSIONER DAVIS made note that today is National Service Day and he added that he enjoyed Secretary of State, Alison Lundergan Grimes’s, visit to Henderson Community College. Commissioner Davis asked Dawn Kelsey, City Attorney, for a report on Operation Preparation. She said that every sophomore at Henderson County High School was met by a community member to talk about future plans and to answer questions. COMMISSIONER MILLS asked what the status was on the County’s portion of Stratman Road. Mr. Sights said that a meeting was planned in the next few days to answer that question. _______________________________ 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 Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular April 9, 2013 WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 7:02 p.m. ___________________________ Steve Austin, Mayor April 9, 2013 ATTEST: _______________________________ Carolyn Williams, City Clerk