Board of Commissioners Meetings

A Regular May 28, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 28, 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 Tom Williams, HWU Director of Engineering, 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 Mrs. Connie Galloway, Human Resources Director Mrs. Frances Malony, Benefits Coordinator Mrs. Kathy Ferrell, City-County Planning Director Mr. Brian Bishop, Floodplain Administrator/ GIS Analyst Mr. Danny Froehlich, Fire Chief Mr. Bruce Shipley, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Tom Williams, HWU Director of Engineering Mr. Bill Latta, Latta Keystone Group Mr. Billy Bridwell, Latta Keystone Group Mr. John Hawkins, Latta Keystone Group Mr. Nibby Priest Mr. Tommy Butler Mr. Bob Cox Mr. Jerry Summers, Police Reserve Officer Mr. Chuck Stinnett, The Gleaner Mr. Frank Boyett, The Gleaner ____________________________ PRESENTATION: NATIONAL FLOOD INSURANCE PROGRAM” Mrs. Kathy Ferrell, City-County Planning Director introduced Mr. Bryan Bishop, Henderson-Henderson County Floodplain Administrator//GIS Analyst, to asked the City of Henderson to authorize the entry into the Community Rating System (CRS). This program coincides with the National Flood Insurance Program and gives communities credit as well as giving them incentives to help reduce flood damage. This is a system based on points; the more things you do things to reduce flooding, the more points you acquire and that increases the City’s standing within the program. The program goes from one to ten points, with one being the best and ten being the worst. If we would enter into today, he stated that we would go in as a seven. The City of Louisville is a five and they worked very hard to get to that. He hopes that once we get in and start working with Insurance Services Office (ISO), the company that administers the program, we hope to get up to a six. The city and county together have so many  A Regular May 28, 2013 flood insurance policies that we rank fifth in the entire state for a number of flood insurance policies. The city alone has $32 million of property covered by flood insurance and there are 211 policies that are held by people who have property in a floodplain or special flood hazard areas. With that number of property owners in a floodplain, the average premium is $637 and if we enter this program at a seven, each property owner would see that premium reduced by $96 annually. It does not cost anything to enter the program and all of the administrative regulations and work will be done by himself and the Planning Commission staff. That would be the good news, the bad news is that flood insurance premiums are going to increase thanks to a piece of legislation that Congress passed called the Biggert-Waters Flood Insurance Reform Act of 2012. Basically this will cause flood insurance premiums to increase from 20-25 percent annually because Congress is going to stop subsidizing flood insurance. Mayor Austin asked Mr. Bishop what process will be used to raise our class rating? Mr. Bishop answered that they will meet with a representative of ISO and will go through a 10-15 page application and hopefully gain points to help us. Mayor Austin asked what a person in a flood area with flood insurance would do if he wants to look into this particular program? Mr. Bishop agreed that his office would be handling that situation and hopefully they will see the dividends of the work that we do on their premiums. Homeowners should not have to take any action, it should show up by a decrease in their premiums. Commissioner Pruitt asked “once you start any kind of rating system, there will be some things that we haven’t done that could make us better. How do you see how that would affect us if somebody decided to sue us for flooding and we have to go into litigation. They are going to use this system to say [here are some things that this system said that it could have done to make it better so it would not have flooded my company and that’s why I’m suing the City of Henderson.] Could you see it being used for something like that?” Mr. Bishop replied that he hoped that would not happen because this is well intended. He continued by saying that we are already in that boat. If we do anything to alter drainage in any way, there is always that risk. This program is intended to reduce flood and damage and decrease the likelihood of flood damage. Commissioner Davis said that he looked at this as being proactive rather than reactive. Mr. Bishop agreed. Motion by Commission Davis, seconded by Commissioner Hite, to approve the signing of a written formal request on behalf of the City to FEMA. Commissioner Pruitt asked “once we get into this and what we’ve talked about, I’m still kind of leery because you may bring up something that we cannot afford to fix and that becomes....... “ Mr. Bishop said that they were looking for what we are doing right and hoping to get credit for it. Without objection, the motion passed. ____________________________ PUBLIC HEARING: MUNICIPAL AID FUNDS AND LOCAL GOVERNMENT ECONOMIC ASSISTANCE FUNDS Mayor Austin declared the Public Hearing on the Municipal Aid Funds and Local Government Economic Assistance Funds opened at approximately 5:44 p.m. Two citizens came forward to speak on this issue. Mr. Buzzy Newman, Assistant City Manager, presented the street paving list for the 2013-2014 fiscal year. Mr. Tommy Butler, 702 Shelby Street, asked when Shelby Street would be paved? He continued by stating how poor the street conditions were. Tom  A Regular May 28, 2013 Williams, HWU Director of Engineering, explained that Shelby Street repairs would fall under the purview of HWU’s management. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING and Mayor Austin closed the Public Hearing at approximately 5:56 p.m. ___________________________ Mr. Robert Cox, 706 Shelby Street, said that the alley between 702 and 706 Shelby Street has too much rock on it causing rainwater to flow onto his driveway. Mr. Buzzy Newman, Assistant City Manager, agreed to take a look at the area tomorrow. __________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: May 14, 2013, Regular Meeting Resolutions: Resolution No. 49-13 Approving Municipal Aid Cooperative Agreement with the Kentucky Transportation Cabinet for Maintenance and Construction of City Streets in Fiscal Year 2013-2014 Resolution No. 50-13 Approving Purchase of a 2014 10+2 Cutaway Bus from National Bus Sales and Leasing, Inc., P.O. Box 6549, Marietta, GA, in the Total Amount of $52,826.00 Motion by Commissioner Pruitt, seconded by Commissioner Hite to approve the items 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 15-13: SECOND READING ORDINANCE REGARDING BOOTHS, CONCESSIONS, CARNIVALS FOR THE SALE OF MERCHANDISE ON STREETS ORDINANCE AMENDING CHAPTER 20, ARTICLE I, IN GENERAL, SECTIONS 20-7, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY On second reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Mills, that the Ordinance be adopted. Commissioner Davis asked for clarification on changes to this ordinance. Mrs. Dawn Kelsey, City Attorney, explained that this ordinance was the same as on first reading held on May 14, 2013, meeting. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING  A Regular May 28, 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE 16-13: SECOND READING ORDINANCE REGARDING ANNEXATION ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED AT 5741 AIRLINE ROAD IN HENDERSON COUNTY, CONTAINING 15.676 ACRES, MORE OR LESS, OWNED BY BECK’S SUPERIOR HYBRIDS 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk RESOLUTION NO. 51-13 RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTY LOCATED AT 304 BURDETTE STREET TO HENDERSON COUNTY BOARD OF EDUCATION Motion by Commissioner Pruitt, seconded by Commissioner Hite, to adopt a resolution authorizing the donation of surplus real estate located at 304 Burdette Street to the Henderson County Board of Education for the purpose of construction of a home to be occupied by a low-to-moderate income homeowner.  A Regular May 28, 2013 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 52-13 RESOLUTION AUTHORIZING MAYOR TO EXECUTE VARIOUS DOCUMENTS ON BEHALF OF CITY RELATING TO THE NORTH GREEN RIVER ROAD IMPROVEMENTS PROJECT Motion by Commissioner Mills, seconded by Commissioner Davis, to adopt the resolution authorizing the Mayor to execute various easement documents on behalf of the City relating to the North Green River Road Project improvements. 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk RESOLUTION NO. 53-13 RESOLUTION AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S STOP/LOSS COVERAGE (REINSURANCE) AND ORGAN TRANSPLANT POLICY Motion by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the renewal of stop/loss insurance coverage and organ transplant coverage for the upcoming program year for the City’s Health Benefits Plan.  A Regular May 28, 2013 Mr. Billy Bridwell, Latta Keystone Insurance Group, recommended that the City of Henderson award stop/loss (reinsurance) coverage through Zurich with the organ transplant policy through Optum. The organ transplant benefit is a fully insured policy that kicks in if an employee is diagnosed or in need of a transplant. 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ Mr. Bridwell explained a couple of items that could affect the City regarding the National Health Care Reform.  In the beginning, automatic enrollment for employers who have over 200 employees was deemed necessary. Upon reflection, the government delayed that.  One of the biggest changes that employees will see this year in the Health Care Reform Bill. There will be a summary of benefits and coverage notification changes. The employees will be notified of the benefits that they have, and because there are many different types of forms in the insurance industry, the government has now standardized the document to a 4-page, double sided record. Every company or third party administrator or whoever sponsors the plan will now use the same exact document. All of the benefits that the City of Henderson provides to employees will be in that one document.  Flexible Spending Accounts are capped at $2,500.  Some extra preventive care benefits will be added and paid at 100%. ________________________ COMMISSIONER’S REPORTS: Commissioner Pruitt expressed his appreciation to all of the veterans and to their families. Commissioner Davis remembered yesterday’s Memorial Day services noted that General Seahorn was one of the most captivating speakers he had heard in a long time. He also commended our Human Relations Commission and for endorsing the Anti- Bullying Campaign with the Henderson County School System.  A Regular May 28, 2013 Commissioner Hite also appreciated the Memorial Day services and felt the most heartwarming part was the community turnout. Also, in regard to the Anti-Bullying Campaign, last month she, Jennifer Keach, and Human Rights Commissioner Patty Coomes attended the Anti-Bullying Campaign at Murray State University. She added that there is a follow up meeting on the June 10th at Murray. ____________________________ EXECUTIVE SESSION: REAL PROPERTY AND LITIGATION Motion by Commissioner Pruitt, seconded by Commissioner Hite, pursuant to provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property by a public agency located at New Creek and Washington Street as well as KY #136, only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by public agency. Also, pursuant to provisions of 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 Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: _______________________________ REAPPOINTMENT: CIVIL SERVICE COMMISSION RICHARD DZUIBICH (DEMOCRAT) – TERM TO EXPIRE JUNE 1, 2016 ___________________________ APPOINTMENT: CIVIL SERVICE PENSION FUND BOARD OF TRUSTEES KAY MULLIGAN TO REPLACE EMILY GILLIAM – TERM TO EXPIRE JUNE 1, 2017 APPOINTMENT: CIVIL SERVICE PENSION FUND BOARD OF TRUSTEES CINDY BICKWERMENT TO REPLACE OWEN REEVES – TERM TO EXPIRE JUNE 1, 2017 REAPPOINTMENT: CIVIL SERVICE PENSION FUND BOARD OF TRUSTEES CONNIE GALLOWAY – TERM TO EXPIRE JUNE 1, 2017  A Regular May 28, 2013 REAPPOINTMENT: CITY – COUNTY PLANNING COMMISSION RODNEY THOMAS – TERM TO EXPIRE JUNE 22, 2017 ________________________ REAPPOINTMENT: BD. OF APPEALS – HOUSING & BUILDING MATT CALVERT – TERM TO EXPIRE JUNE 22, 2017 REAPPOINTMENT: BD. OF APPEALS – HOUSING & BUILDING JIM MEADOW – TERM TO EXPIRE JUNE 22, 2017 _________________________ REAPPOINTMENT: HENDERSON CITY-COUNTY HUMAN RIGHTS COMMISSION DARLENE WARE – TERM TO EXPIRE JUNE 30, 2016 Motion by Commission Davis, seconded by Commissioner Hite, to adopt the slate of various board appointments. 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: ____________________________ RESOLUTION NO. 54-13 RESOLUTION TERMINATING LEASE BETWEEN CITY OF HENDERSON AND ISAAC GREENWELL, MORGANFIELD, KY., FOR 30.7 ACRES OF FARMLAND LOCATED ADJACENT TO CANOE CREEK AND CLAY STREET (KNOWN AS THE GIBSON FARM) Motion by Commissioner Hite, seconded by Commissioner Pruitt, to adopt the resolution terminating the lease between City of Henderson and Isaac Greenwell for 30.7 acres of farmland located adjacent to Canoe Creek and Clay Street. 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk RESOLUTION NO. 55-13 RESOLUTION DECLARING REAL PROPERTY LOCATED ADJACENT TO CANOE CREEK AND CLAY STREET (KNOWN AS THE GIBSON FARM) CONTAINING 34.17 ACRES, SURPLUS REAL PROPERTY AND AUTHORIZING  A Regular May 28, 2013 IT TO BE SOLD AT AUCTION JOINTLY BY THE CITY AND COUNTY PURSUANT TO KRS SECTIONS 82.083 AND 45A.425 Motion by Commissioner Davis, seconded by Commissioner Mills, to amend the title to agree with the property description in Deed Book 361, Page 290, in Henderson County Clerk’s office and that being 34.17 acres. The vote on amendment was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: Motion by Commissioner Hite, seconded by Commissioner Pruitt, to adopt the resolution, as amended, declaring real property jointly owned by the City and County located adjacent to Canoe Creek and Clay Street containing 34.17 acres, more or less, surplus real property and authorizing it to be sold at auction jointly by the City and County pursuant to KRS sections 82.083 and 45A.425. 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 May 28, 2013 ATTEST: Carolyn Williams, City Clerk ____________________________ MEETING ADJOURN: MOTION by Commissioner Davis, seconded by Commissioner Hite, 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 6:51 p.m. ATTEST: ___________________________ Steve Austin, Mayor ______________________________ June 11, 2013 Carolyn Williams, City Clerk