Board of Commissioners Meetings

A Regular January 14, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 14, 2014, 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 Pastor Chad Hensley, General Baptist 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 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 Ms. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mrs. Connie Galloway, Human Resources Director Ms. Pam Whitter, Mass Transit Director Mr. Frank Cates, Deputy Police Chief Mr. David Piller, Police Major Mr. Brad Mills, Public Works Director Mr. Mark Simmons, Acting Parks & Recreation Director Ms. Tammy Willett, Community Development Specialist Mr. Curt Freese, Assistant City-County Planning Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, Chief Financial Officer Mr. Brad Schneider, Kyndle CEO Mr. Ray Nix Mrs. Cathryn King Manion and family Mr. Kenny Wallace Mr. Randy Pippen Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ____________________________ PRESENTATION: Mr. Tom Williams, HWU General Manager, commented on the chemical spill coming out of West Virginia. He stated that they were in contact with utilities up and down the river, Evansville, Owensboro, Louisville. We are also members of Ohio River Regional Sanitary Commission which controls the Ohio River. The reports from them say that the chemical is dissipating as it comes down river. You may hear that Ashland and Cincinnati are going to close their intakes down for 24 hours or a couple of days. We really don’t have that luxury because of the number of leaks we are responding to right now. We feel pretty confident that this volume of chemical will be pretty well dissipated by the time it gets here. We will be treating the water with powered activated carbon which is the chemical we use to treat for odor and taste and algae in the summer. We want the people to know that the water is safe and will watch it continually and let you know if anything happens.  A Regular January 14, 2014 PRESENTATION: Mayor Austin introduced Ms. Pam Whitter, Mass Transit Director. Ms. Whitter presented this plaque of the Federal Transit Administration. The City of Henderson had their Tri-Annual Review and the HART Department, Finance Department, Human Resources Department, and the Legal Department all participated in this review. This year we received a score of 100% as well as this Achievement of Excellence Certificate. _____________________________ PRESENTATION: Mrs. Cathryn King Manion, 529 Center Street, the mother of the late Mark R. Manion, along with members of her family, is asking that the basketball courts at Community Park be named in honor of her son, who coached basketball, soccer, T-ball and volleyball, along with other recreational activities. The family is offering to buy new benches, nets and other needed equipment if the request is granted. Mayor Austin explained to Mrs. Manion that the action of naming public parks, etc. for an individual sets a precedent for future actions. The Mayor explained that he was going to ask the City Manager and staff to look into this and see what we can do and how we can do it. They will be back in touch with you in a couple of weeks and we will try to come up with something that would work for everyone. Commissioner Pruitt added that seeing that packet of letters, as hard as it is to get signatures when running for political office, Mark was a special person. ______________________________ PRESENTATION: The City Clerk read the letter of request from the American Legion, Worsham Post 40 into the official record. A Regular January 14, 2014  A Regular January 14, 2014 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: December 10, 2014, Regular Meeting December 17, 2014, Joint Work Session Resolutions: Resolution No. 1-14 Authorizing the Submission of Application for a HOME Grant to the Kentucky Housing Corporation in the amount of $198,000 for a Homeowner Reconstruction Project, and Acceptance of Grant if Awarded. Resolution No. 2-14 Approving Contract Proposal and Expenditure of Funds By Henderson-Henderson County Flood Mitigation Board for Engagement of Ronald Johnson & Associates to Provide Professional Engineering Services. Resolution No. 3-14 Awarding Bid for Purchase of Cement Concrete to Irving Materials, Inc., (IMI SOUTHWEST) of Evansville, Indiana. Resolution No. 4-14 Awarding Bid for Purchase of Concrete Labor to Rivertown Construction, LLC, of Newburgh, Indiana. Resolution No. 5-14 Awarding Bids for Purchase of Limestone Rock and Sand to Mulzer Crushed Stone, Inc., Tell City, Indiana, and Hunter Sand and Gravel, LLC, Henderson, Kentucky. MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda enumerated by the City Clerk. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ ORDINANCE NO. 1-14: FIRST READING ORDINANCE AMENDING ARTICLE 10-PERSONNAL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY EXEMPTING PARKS AND RECREATION DIRECTOR POSITION FROM CIVIL SERVICE STATUS MOTION by Commissioner Davis, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 January 14, 2014 ORDINANCE NO. 2-14: FIRST READING ORDINANCE DESIGNATING POSITION OF PARKS ABD RECREATION DIRECTOR AS NON-CIVIL SERVICE MOTION by Commissioner Mills, seconded by Commissioner Davis, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 3-14: FIRST READING ORDINANCE RELATING TO DEPARTMENT HEADS DEEMED AS EMPLOYEES. SUMMARY: ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, PERSONNEL, DIVISION 2, CIVIL SERVICE FOR GENERAL EMPLOYEES, SECTION 2-226.5 DEPARTMENT HEADS DEEMED AS EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF THE HENDERSON, BY REMOVING THE DIRECTOR OF PARKS AND RECREATION MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 4-14: FIRST READING ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE II, LICENSES, SECTION 4-35, (b) 15c, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Davis, that the Ordinance be adopted.  A Regular January 14, 2014 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 5-14: FIRST READING ORDINANCE AMENDING OFFICIAL ZONING MAP MOTION by Commissioner Pruitt, seconded by Commissioner Davis, that the Ordinance be adopted. A Regular January 14, 2014 A Regular January 14, 2014 A Regular January 14, 2014 A Regular January 14, 2014 A Regular January 14, 2014  A Regular January 14, 2014 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 6-14- FIRST READING ORDINANCE AMENDING ZONING REGULATIONS OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXIII, SECTIONS 33.01-33.14,GATEWAY ZONE DISTRICT PURPOSE MOTION by Commissioner Mills, seconded by Commissioner Pruitt that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 6-14: RESOLUTION APPROVING LEASE WITH NEW CINGULAR WIRELESS, PCS, LLC, FOR THE LOCATION OF A CELL TOWER LOCATED SOUTHWEST OF THE HENDERSON POLICE FIRING RANGE OFF OLD MADISONVILLE ROAD, AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS ON BEHALF OF CITY MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution approving a lease agreement between the City and New Cingular Wireless for a 100-foot parcel of land located southwest of the Henderson Police firing rage off Old Madisonville Road for the placement of a cell tower. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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.  A Regular January 14, 2014 /s/ Steve Austin Steve Austin, Mayor January 14, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 7-14 RESOLUTION APPROVING THE JOINT PURCHASE WITH HENDERSON COUNTY OF A TWENTY-EIGHT (28) ACRE TRACT OF LAND ADJACENT TO THE AIRPORT, OWNED BY THE KENTUCKY NETWORK FOR DEVELOPMENT LEADERSHIP AND ENGAGEMENT, INC. (KYNDLE) FOR $100,000 TO BE MANAGED BY THE HENDERSON CITY-COUNTY AIR BOARD MOTION by Commissioner Pruitt, seconded by Commissioner Davis, to authorize the joint purchase with Henderson County of land to be managed by the Henderson City-County Air Board. The purchase consists of a 28 acre tract of land adjacent to the airport owned by the Kentucky Network for Development Leadership and Engagement, Inc. (KYNDLE). The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 January 14, 2014 ATTEST: Carolyn Williams, City Clerk RESOLUTION NO. 8-14 RESOLUTION AWARDING BID FOR THE DEMOLITION AND REPLACEMENT OF THE ATKINSON PARK BARBEQUE PIT ROOF TO A.V.P., INC. OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $57,519 to $59,519 MR. BUZZY NEWMAN, ASSISTANT CITY MANAGER, noted that the price listed on the resolution was incorrect and should be $59,519 as stated on the bid tabulation sheet. MOTION TO AMEND by Commissioner Davis, seconded by Commissioner Pruitt to amend the resolution by stating the price as $59,519.  A Regular January 14, 2014 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to approve the amended resolution for the record. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 January 14, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ CITY MANAGER’S REPORT: CAROLYN WILLIAMS, CITY CLERK, read the letter into the record.  A Regular January 14, 2014 MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to direct the Committee to move forward with their work. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: __________________________________ POLICE CHIEF SELECTION COMMITTEE: ***LETTER INSERTED  A Regular January 14, 2014 MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to approve the process already started. MAYOR AUSTIN said that Commissioner Mills had mentioned to him that he would like to be appointed to this Board. Commissioner Davis stated that he would have liked to be considered and Commissioner Pruitt joined in to say that he too would like to be considered. Commissioner Davis asked the Mayor to take into consideration how much time would be needed and others may have more obligations. Mayor Austin stated that all of this would be taken into consideration and a decision would be made by our next meeting. Mr. Sights recalled that the Fire Chief and Police Chief replacements have taken about 6 months in the past.  A Regular January 14, 2014 The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: __________________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT said “Happy New Year” to everybody. We had a great year last year in our government and he enjoyed it and he is going to miss Chief Reed and thought he did a great job. He hopes a new chief will follow the direction set by Chief Reed. COMMISSIONER DAVIS stated that he mirrored Commissioner Pruitt’s wishes of a Happy New Year to everybody here at our first meeting. We accomplished a lot this last year and look forward to the new one. Commissioner Davis also thanked Mr. Mark Simmons for taking over the reins as Acting Parks and Recreation Director. COMMISSIONER MILLS noted that right before this meeting we had a Henderson Recycling Meeting and learned that recycling tonnage is up by 50% from last year’s tonnage. People are participating. There was a little bit of risk on our part to take over the recycling program and I think it is working and the longer we do it the more we will get out of it. Positive things are happening. We are cooperating with City and County and will extend out into the county. MAYOR AUSTIN added that one of the interesting things that he had heard at that meeting today was that our recycling center processed an additional 7,050 pounds in the first six months from Henderson. Mayor Austin added that the regular meeting of February 11th will be held on February 10, 2014, as a special called meeting. RUSSELL SIGHTS, CITY MANAGER, said that the City-County Cooperative Study Team will meet January 15, 2014, at 4 p.m. to discuss our 911 system. MAYOR AUSTIN, welcomed Mr. Brad Schneider, KYNDLE CEO, to our meeting. _______________________ MEETING ADJOURN: MOTION by Commissioner Davis, seconded by Commissioner Mills, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Absent: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 14, 2014 WHEREUPON Mayor Austin declared the meeting adjourned at approximately 6:45 p.m. ___________________________ Steve Austin, Mayor January 28, 2014 ________________________________ Carolyn Williams, City Clerk