Board of Commissioners Meetings

A Regular January 28, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 28, 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 Dr. Tim Hobbs, Pastor, Community Baptist Church, and then Mayor Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. ________________________ MR. RUSSELL R. SIGHTS, CITY MANAGER, introduced his daughter, Mrs. Emily Fife and welcomed her to our Board of Commissioner’s meeting. ________________________ 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 Mrs. Connie Galloway, Human Resources Director Mr. David Piller, Police Major Mr. Curt Freese, Assistant City-County Planning Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, Chief Financial Officer Mr. Michael Shockley, Communications Supervisor Mr. Mike Vickers Mrs. Emily Fife Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to list the following items included on the Consent Agenda: Minutes: January 14, 2014, Regular Meeting January 15, 2014, Called Joint Work Session Resolutions: Resolution No. 9-14 Approving Agreement Between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management MOTION by Commissioner Hite, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda enumerated by the City Clerk.  A Regular January 28, 2014 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ ORDINANCE NO. 1-14: SECOND READING ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY EXEMPTING PARKS AND RECREATION DIRECTOR POSITION FROM CIVIL SERVICE STATUS MOTION by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 2-14: SECOND READING ORDINANCE DESIGNATING POSITION OF PARKS AND RECREATION DIRECTOR AS NON-CIVIL SERVICE MOTION by Commissioner Hite, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk  A Regular January 28, 2014 ORDINANCE NO. 3-14: SECOND 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 Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 4-14: SECOND 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 Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk  A Regular January 28, 2014 ORDINANCE NO. 5-14: SECOND READING ORDINANCE AMENDING OFFICIAL ZONING MAP MOTION by Commissioner Pruitt, seconded by Commissioner Hite, that the Ordinance be adopted. A Regular January 28, 2014 A Regular January 28, 2014 A Regular January 28, 2014  A Regular January 28, 2014 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 6-14- SECOND 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 Hite, seconded by Commissioner Mills that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 28, 2014 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 7-14: FIRST READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY ADDING THE POSITIONS OF GOLF COURSE MANAGER AND CASHIER-RECREATION, IN THE CITY’S BUDGETED POSITIONS, AND TO AMEND THE BUDGET TO CHANGE THE NUMBER AND CLASSIFICATION OF CITY EMPLOYEES AS RECITED IN THE ANNUAL AMENDED BUDGET On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. MR. SIGHTS explained, after first and second reading of this ordinance, the positions listed above will be advertised pursuant to Civil Service regulations. A test will be given, just like we do normally on any position and the top three people will be considered for appointment. The committee will assess in interviewing those people and will make a recommendation to him. The appointment will be make from that  A Regular January 28, 2014 recommendation. That is a little unusually from the way we have done things in the past because it has been handled by contract but if we make this person an employee, that is the procedure that will have to be followed. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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. 10-14: RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTIES LOCATED AT 1633 AND 1637 GARFIELD AVENUE TO HENDERSON COUNTY BOARD OF EDUCATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to adopt the resolution authorizing the donation of surplus properties at 1633 and 1637 Garfield Avenue to the Henderson County Board of Education. MRS. DAWN KELSEY, CITY ATTORNEY, explained that this was a request that the Henderson County School Board made. They are putting an automatic reverter into the deed, that if they don’t use the property within two years, the property comes back to the city. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 January 28, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 11-14: RESOLUTION APPROVING ENGAGEMENT OF ROGER L. PETERMAN OF PECK SHAFFER & WILLIAMS LLP, OF COVINGTON, KENTUCKY FOR LEGAL SERVICES REGARDING BOND COUNSEL MOTION by Commissioner Hite, seconded by Commissioner Pruitt, to adopt the resolution approving the engagement of Robert L. Peterman of Peck Shaffer & Williams, LLP for legal services regarding bond counsel.  A Regular January 28, 2014 COMMISSIONER DAVIS asked “what prompted this change?” Mrs. Kelsey stated that we have used Stoll Keenan for quite some time and are very happy with them but unfortunately there is a conflict of interest with their law firm and the excess energy case with HMP&L so we could no longer use them or until that case with HMP&L and Big Rivers is settled. Commissioner Davis asked if this existed before when we were doing bond issues. Mrs. Kelsey explained that there was a screen in place at that point and they wanted to reduce the amount of screening because of the amount of work it was taking for them. Stoll Keenan was representing another party in that case. MR. SIGHTS added that we don’t know when that case will be resolved but probably not this year and HWU wants to move this year on their bond issue. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 January 28, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 12-14: RESOLUTION APPROVING THE RETAINING OF A CONSULTANT TO PLAN AND DESIGN THE NEW PUBLIC RADIO / WIRELESS COMMUNICATION SYSTEM MOTION by Commissioner Mills, seconded by Commissioner Davis, to adopt the resolution approving the document to proceed to advertise for the Request for Qualifications for consulting services for our 911 Call Center Equipment and Radio System. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 28, 2014 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 January 28, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 13-14: RESOLUTION AUTHORIZING PROPERTIES LOCATED AT THE INTERSECTION OF SOUTH MAIN STREET AND HACKBERRY STREET (PVA PARCELS 46-54.1 AND 46A-104 ) AS SURPLUS PROPERTIES WHICH SHALL BE SOLD MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution authorizing the sale of approximately 15 acres of property located at the intersection of South Main and Hackberry Streets to BRAE, LLC, in the amount of $305,000. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- 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 January 28, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. SIGHTS reminded the Board of Commissioners that the next meeting will be a called meeting on Monday night, February 10, 2014. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT said he had spoken with a group from KYNDLE about a week ago. “Basically, it came down to how the boards are going to be set up and Economic Development is going to be running for the City of Henderson.” “I got the idea that it’s going to be about 20 top investors that are going to be setting on the economic board and they said that we have the right to vote one person onto the board, whether it be the Mayor or Russell or whoever but I think and want the commission to start thinking about it. Any economic development, I think our City Manager or Mr. Newman should have the right to sit on that board. I think our City Manager should have a seat at the table.” COMMISSIONER DAVIS stated that the Board got a notice from Audubon Area Community Services on a committee he sits on for veteran’s affairs. On February 20th  A Regular January 28, 2014 there will be a resource fair for veterans or families and active duty personnel or their families at the UK Expo Center. MAYOR AUSTIN made a presentation to the HMP&L Board concerning Station One Power Plant. That power plant has been sitting empty for almost six years. It is pretty much agreed on that that building is not set up for an ideal community use. He talked to the HMP&L Board about taking that building down and leaving green space until something else is decided in the future. We should get more information from the Utility Board. ______________________________ MAYOR AUSTIN recommended Commissioner Tom Davis for the Police Chief Search Committee. MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to appoint Commissioner Tom Davis to serve on the Police Chief Search Committee. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ REAPPOINTMENTS: BOARD OF ZONING ADJUSTMENT – CITY ED WHELAN AND JUSTIN JONES – TERMS TO EXPIRE FEBRUARY 24, 2018. MOTION by Commissioner Hite, seconded by Commissioner Davis, to reappoint Ed Whelan and Justin Jones to four-year terms on the Board of Zoning Adjustment – City. Said term to expire February 24, 2018. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ REAPPOINTMENT: ETHICS BOARD BECKY HUDSON BROWN – TERM TO EXPIRE SEPTEMBER 14, 2016. MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to reappoint Becky Hudson Brown to the Ethics Board for a two-year term expiring on February 14, 2016. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular January 28, 2014 MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the meeting adjourned at approximately 6:02 p.m. ___________________________ Steve Austin, Mayor February 10, 2014 ________________________________ Carolyn Williams, City Clerk