Board of Commissioners Meetings

A Regular April 23, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 23, 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 Brother Gary Puryear, Henderson Church of Christ, 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 Mr. Randall Redding, Acting City Attorney Mrs. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Major Dave Piller, Police Department Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mrs. Emily Gilliam, Parks & Recreation Director Mr. Mark Simmons, Recreation Program Manager Mr. Brandon Potts, Municipal Golf Course Manager Mr. Curt Freeze, Assistant Executive Director, Henderson City-County Planning Commission Mr. Bruce Shipley, HWU General Manager Mr. Mark Cunningham Mr. Dennis Wright Ms. Lila Sweeney Ms. Nancy Garrard Mr. Bruce Cowling Mr. Bruce Farmer, Ambulance Service Mr. James Ivie, Ambulance Service Assistant Director Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ____________________________ APPEARANCE OF CITIZEN: MR. MARK CUNNINGHAM reminded his audience that he had appeared before the Board of Commissioners on February 26, 2013, with a series of accusations against Mr. Brandon Potts, Municipal Golf Course Manager. Mrs. Emily Gilliam, Parks and Recreation Director, investigated all of the accusations and submitted a report stating that nothing serious was wrong with Mr. Potts’ actions. Mr. Cunningham stated that he was here tonight to vigorously disagree with Mrs. Gilliam’s report as well as Mr. Potts actions. When Mr. Cunningham said that he represented the “Henderson Golf Alliance,” Mayor Austin asked for a membership list and Mr. Cunningham declined to comply. Mayor Austin asked for a written list of complaints or a meeting to hear the problems  A Regular April 23, 2013 from the golf alliance. Mr. Cunningham agreed to arrange a meeting. Members of the Board of Commissioners requested that they be present for that meeting. Mr. Dennis Wright, 1610 North Elm Street, stated that on April 8, 2013, he put out his yellow “Masters Flag” and left it out the week of the Masters Golf Tournament. A few days later a policeman came to his home and asked him questions regarding his “Masters Flag.” He was told that there were reports of missing flags from the Golf Course. Mr. Wright took his yellow flag to Mr. Brandon Potts, Golf Course Manager, and was told that the missing flag was red and white. Mrs. Emily Gilliam, Parks and Recreation Director, earlier reported that some flags were missing from the golf course. Both Mrs. Gilliam and Mr. Potts explained that they did not mean to inconvenience Mr. Wright; they were simply reporting flags missing from the golf course. Commissioner Pruitt asked Mr. Potts, “when you told the officer, did you describe your flag that was missing.” Mr. Potts said that he had described each flag that he was aware of. Commissioner Pruitt added “there may have been three or four neighbors flying a masters flag and now a police officer is taking up valuable time going to every citizen and putting a little pressure on. When the police shows up that brings a little pressure. You’ve got a man who probably never deals with the police and they are knocking on his door and calling his house. That was not the best way to handle that.” _________________________________ PROCLAMATION: “Arbor Day” MAYOR AUSTIN proclaimed April 26, 2013, as “Arbor Day” in the City of Henderson, and urged all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program. ____________________________ PUBLIC HEARING: OUTSIDE AGENCY FUNDING APPEALS MAYOR AUSTIN declared the public hearing on the Outside Agency Funding Appeals opened at approximately 5:57 p.m. He asked if any member of the public would like to speak on the outside agency funding. No citizen came forward to speak on this issue but the following letter was read into the minutes.  A Regular April 23, 2013 Mayor Austin closed the Public Hearing at approximately 6:00 p.m. _______________________________ EXECUTIVE SESSION: LITIGATION AND REAL ESTATE Motion by Commissioner Pruitt, seconded by Commissioner Mills, 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 as well as pursuant to the provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property on Green River Road by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or on behalf of the public agency.  A Regular April 23, 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: _____________________________ MEETING RECONVENE: Motion by Commissioner Hite, seconded by Commissioner Davis, the Board of Commissioners reconvened in regular session. 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: _____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: April 9, 2013, Regular Meeting MOTION by Commissioner Hite, seconded by Commissioner Pruitt 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 12-13: SECOND 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 second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. Mayor Austin stated that two of the current members have agreed to continue to serve on this board. The Mayor encouraged Commissioners as well as Mrs. Gilliam to let him know of any prospective Parks and Recreation Board members.  A Regular April 23, 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: 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 23, 2013 ATTEST: Carolyn Williams, City Clerk ____________________________ ORDINANCE 13-13: SECOND 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 second 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 23, 2013 ATTEST: Carolyn Williams, City Clerk ____________________________ ORDINANCE 14-13: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CLARENCE WOODS ESTATES SUBDIVISION, LOTS 10 & 11 CONSISTING OF CONCRETE SIDEWALKS On second reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Pruitt, that the Ordinance be adopted.  A Regular April 23, 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: 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 23, 2013 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 41-13 RESOLUTION AWARDING BID FOR PURCHASE OF ONE (1) TYPE II AMBULANCE FOR THE AMBULANCE SERVICE FROM MUSTER EMERGENCY VEHICLES OF CALHOUN, KY IN THE AMOUNT OF $79,997.00 Motion by Commissioner Pruitt, seconded by Commissioner Davis, to adopt a resolution authorizing award of a bid for the purchase of a Type II ambulance for the City-County Ambulance Service from Muster Emergency Vehicles of Calhoun, Kentucky, in the amount of $79,997.00. The City’s portion of the purchase price is $34,913.75. 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 Resolution adopted, affixed his signature, and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 42-13 RESOLUTION APPROVING EXPENDITURE UP TO $5,000.00 AS CITY’S ONE-HALF SHARE OF COST IN EXCESS OF GRANT FUNDS FOR PURCHASE OF ONE MONITOR/DEFIBRILLATOR AND ONE POWER COT FOR HENDERSON AMBULANCE SERVICE  A Regular April 23, 2013 Motion by Commissioner Hite, seconded by Commissioner Pruitt, to adopt the resolution, subject to Kentucky Homeland Security’s approval, for an expenditure up to $5,000.00 as the City’s one-half share of cost in excess of grant funds from a Kentucky Homeland Security grant for a monitor/defibrillator and a power cot. Mr. Bruce Farmer, Henderson Ambulance Service, explained that by purchasing through Methodist Hospital and some discounting he was able to get the price lowered. He is asking for some clarification from Kentucky Homeland Security and working with Mr. Steve Gold, Attorney at Law, who has worked with Mrs. Dawn Kelsey, City Attorney, to make sure that we are following all of the right steps. All of this is contingent on Kentucky Homeland Security. 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 Resolution adopted, affixed his signature, and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor April 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, deferred to Mr. Robert Gunter, Finance Director, who stated that last month the City passed an ordinance issuing General Obligation Bonds on behalf of HWU and the projects that they are doing. We asked Moody’s to rate the bonds and they were rated as a AA3. Moody’s scale considers AA3 as high quality and very low credit risk. Last Friday our financial consultant gave us some estimates to expect when the bonds were bid on and he estimated that the net interest cost would be approximately $2.9 million, which is equal to 2.73 percent in net interest costs. This morning the bonds were sold, and we didn’t need quite all of the $9,995,000 because they paid a premium for them and the net interest cost will be $2,355,000 or 2.21 percent which results in a saving of $547,400 over the life of the bonds. _______________________________ MAYOR AUSTIN asked Mr. Sights when the Board of Commissioners in the future would vote on the five new funding agency applications? Mr. Sights said that the vote would be a part of the budget. The proposed budget will include the amount recommended by the Ad Hoc Agency Committee; then the Board of Commissioners may change any recommended allocation they choose. He continued by explaining that we had a total of five applications submitted that were for new funding from agencies, that being three requests from Audubon Area and we considered that new funding because they have never been funded before, even though they have asked before. We had one new one that was being recommended to you to be funded on a one-time basis for a little less than $5,000. We also turned down OASIS in Owensboro because in the opinion of the committee who felt that it was almost a  A Regular April 23, 2013 duplication of the Women’s Shelter here in Henderson. The Board of Commissioners previously agreed to fund OASIS because it was the only shelter in the region. All of the other agencies that have requested funds in the past have signed agreements that they will accept the amount of funding that they received last year. The agencies will be recommended as part of the budget process. Commissioner Pruitt stated that he had sat on the Audubon Area Board and they do a lot of good things and he suggested that the City give them something. Commissioner Hite asked to see the application for Audubon Area for more details. Mr. Sights agreed to give copies to all Board members. _________________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT said that his prayers and thoughts went out to the people of Boston. COMMISSIONER DAVIS stated that he was not a board member of Audubon Area or any of its agencies but he worked as a consultant on their veteran affairs that they do through the RSVP program. He continued by saying that he would like to endorse the consideration of their funding based on Ms. Mattingly’s new information where they had been sequestered. He agreed with Commissioner Pruitt’s remarks regarding the tragedy in Boston. COMMISSIONER HITE said that she echoed Commissioner Davis’s support for funding to Audubon Area. She agreed with other members on their thoughts and prayers for Boston and West Texas. _______________________________ REAPPOINTMENT: CITY UTILITY COMMISSION MR. GREGORY RISCH – TERM TO EXPIRE APRIL 25, 2016 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, upon recommendation of Mayor Steve Austin, to reappoint Gregory Risch to a three-year term on the City Utility Commission. Said term to expire April 25, 2016. 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: _________________________________ APPOINTMENT: CITY UTILITY COMMISSION MR. JUD ROYSTER – TO FILL UNEXPIRED TERM OF DR. BILL SMITH. TERM TO EXPIRE ON APRIL 25, 2014 MOTION by Commissioner Mills, seconded by Commissioner Davis, upon recommendation of Mayor Steve Austin, to appoint Jud Royster to fill the unexpired term of Dr. Bill Smith. Said term to expire April 25, 2014.  A Regular April 23, 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: MAYOR AUSTIN announced that Mr. Dan Becker has been elected to an open position representing the City on the Bicycling Committee ____________________________ 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: WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:56 p.m. ___________________________ Steve Austin, Mayor May 14, 2013 ATTEST: _______________________________ Carolyn Williams, City Clerk