Board of Commissioners Meetings

A Regular July 23, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 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 Father Richard Martindale, St. Paul’s Episcopal 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 Late: 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. Robert Gunter, Finance Director Mr. Owen Reeves, Gas System Director Mr. Brad Mills, Public Works Director Mr. Danny Froehlich, Fire Chief Mr. Frank Cates, Police Major Mr. Bruce Shipley, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Brad Schneider, President, Henderson-Henderson County Chamber of Commerce Mr. John Marshall, T & T Drug Store Owner Mr. Dennis Wilhelm Mr. Justin Jones Mr. Jerry Summers, Police Reserve Officer TV station representative 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: July 9, 2013, Regular Meeting Resolutions: Resolution No. 76-13 RESOLUTION NO. 76-13 RESOLUTION OF THE CITY OF HENDERSON KENTUCKY, AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR AND, UPON APPROVAL, TO ENTER INTO AN AGREEMENT WITH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) TO EXECUTE ANY DOCUMENTS WHICH ARE DEEMED NECESSARY BY KOHS TO FACILITATE AND ADMINISTER A  A Regular July 23, 2013 WATER RESCUE PROJECT AND TO ACT AS THE AUTHORIZED CORRESPONDENT FOR THIS PROJECT Motion by Commissioner Davis, seconded by Commissioner Pruitt, to adopt a resolution authorizing the submittal of a grant application to the Kentucky Office of Homeland Security (KOHS), and upon approval to execute any documents which are deemed necessary to facilitate and administer the project, in the amount of $36,811.50. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 23-13: RELATING TO ALCOHOLIC BEVERAGES ORDINANCE REPEALING SECTION 4-7, RESTRICTIONS ON PRICE ADVERTISING, OF ARTICLE I, GENERAL, OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Pruitt, that the Ordinance be adopted. COMMISSIONER PRUITT stated “I would just like everybody to know this is not expanding our alcohol laws, this is making people that are doing things now legal who really is illegal and we want to make sure that the laws that people and what they do, they need to know what the law is and whether they are legal or not and this right here is a law that is going to make people that’s doing things now legal so they don’t have to worry about any of that. It is not expanding alcohol laws. DISCUSSION WAS HELD, VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Nay: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be present4ed for a second reading at a meeting of the Board of Commissioners.  A Regular July 23, 2013 ORDINANCE NO. 24-13: RELATING TO ALCOHOLIC BEVERAGES ORDINANCE REPEALING SECTION 4-8, ADVERTISING BY HANDBILLS CIRCULARS AND CARDS PROHIBITED, OF ARTICLE I, GENERAL, OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Nay: Commissioner Pruitt ----------------- 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. 25-13: RELATING TO ALCOHOLIC BEVERAGES ORDINANCE REPEALING SECTION 4-11, DANCING PROHIBITED, OF ARTICLE I, GENERAL, OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Pruitt, seconded by Commissioner Davis, that the Ordinance be adopted. COMMISSIONER PRUITT said “ I’d just like to say again, this is another one of those laws that people have been breaking and now we are making it so that it is legal and those type laws was put back in, way long time ago and we need to make sure those that the laws represent the day and time that we live in. There’s a lot of people that are dancing and drinking in the same room in a lot of places so they’ve been breaking the law for quite a while so this right here gives them a chance to know what the law is and where it stands and makes it legal now.” MAYOR AUSTIN stated that this particular one goes back to pre-1960. DISCUSSION WAS HELD, VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 23, 2013 ORDINANCE NO. 26-13: RELATING TO ALCOHOLIC BEVERAGES ORDINANCE REPEALING SECTION 4-39, LICENSE NOT TO ISSUE WHERE DANCING PERMITTED, OF ARTICLE II, LICENSES, OF CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Pruitt, that the Ordinance be adopted. COMMISSIONER HITE asked the City Attorney, Dawn Kelsey, if she had the ordinance that pertains to adult entertainment that this ordinance does not affect? Mrs. Kelsey answered that sexual orientating business is its own chapter and is Chapter 2.5 of the city’s Code of Ordinances that include several different ordinances. Commissioner Hite asked if the repeal of this ordinance, in any way, affect any easing on the ordinances that restrict alcohol with nudity and semi-nudity? Mrs. Kelsey replied that Section 2.5-13 prohibits the sale of alcohol beverages in any premises that would pertain to sexually oriented businesses. DISCUSSION WAS HELD, VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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. 77-13 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR JOHN D. MARSHALL FOR PROPERTY LOCATED AT 1331 CLAY STREET, HENDERSON, KENTUCKY Motion by Commissioner Pruitt, seconded by Commissioner Davis, to adopt the resolution granting a property reassessment moratorium for John D. Marshall, dba T & T Drugs, for property located at 1313 Clay Street. COMMISSIONER PRUITT stated that most of us know Mr. Marshall’s family and their history with T & T Drugs and we are glad that you are staying in business and able to compete with other big places that come through and wish you well. MAYOR AUSTIN said “Thank you for enlarging your business in Henderson.” DISCUSSION WAS HELD, VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING  A Regular July 23, 2013 The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 78-13 RESOLUTION AWARDING BID FOR HEAVY EQUIPMENT RENTAL TO SCHNEIDER CONSTRUCTION & EXCAVATING, HENDERSON, KY Motion by Commissioner Hite, seconded by Commissioner Pruitt, to adopt the resolution authorizing the award of bid for heavy construction equipment rental to Barry Schneider Excavation, Henderson, Kentucky. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: Mr. Sights announced that there would definitely be a work session in August on the third Tuesday. ____________________________ COMMISSIONER’S REPORTS: Commissioner Davis asked Mr. Bruce Shipley, HWU General Manager, to come forward and he thanked him for what he had done for the City of Henderson. He said “We are going to miss you. “I have worked closely with you while I was Mayor on a whole lot of different and struggling projects but again I thank you for the job you’ve done for the citizens of Henderson and I am going to miss you terribly. Good luck in your retirement or whatever you are calling it.” Commissioner Davis continued by saying that Bluegrass Festival is just around the corner. Everybody come out and have a great time in our great city. The Sandy  A Regular July 23, 2013 Watkins Songwriter Festival is also coming up. Mayor Austin added that Rhonda Vincent and the Rage is going to kick that off out at the Fine Arts Center. _________________________ COMMISSIONER PRUITT added “since the alcohol laws have been brought up and we take a look at them, it is great to look at some of the old laws that were put in years ago and now that people have been doing things and haven’t been in compliance with the old law, now we have fixed the laws so they would be in compliance and somebody doesn’t get arrested because of the old law on the book that is outdated so now a lot of people can feel good about what they are doing and know that they are legal. To me that’s what it’s all about when you have laws, when they are outdated, fix them and adjust to the times you live in.” ____________________________ EXECUTIVE SESSION: LITIGATION AND REAL PROPERTY Motion by Commissioner Pruitt, seconded by Commissioner Davis, 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 and provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property by a public agency. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING RECONVENE: Motion by Commissioner Hite, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Absent: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ COMMISSIONER MILLS arrived at approximately 6:00 p.m. RESOLUTION NO. 79-13 RESOLUTION APPROVING LETTER OF AGREEMENT FOR LEGAL SERVICES REGARDING NATURAL GAS AND ELECTRIC ISSUES WITH THE LAW FIRM OF LINDA K. AIN OF LEXINGTON, KENTUCKY Motion by Commissioner Pruitt seconded by Commissioner Davis, to adopt the resolution approving the Letter of Agreement for legal services regarding natural gas and electric issues with the law firm of Linda K. Ain of Lexington, Kentucky.  A Regular July 23, 2013 The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 23, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Davis, for the meeting to adjourn. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:30 p.m. ___________________________ Steve Austin, Mayor August 13, 2013 __________________________________ Carolyn Williams, City Clerk