Board of Commissioners Meetings

A Regular February 25, 2014 A called regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 25, 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 Wayne Burt, Bennett Memorial Church, and then Mr. Lleyton Corbett 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. William L. Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Ms. Kay Mulligan, Revenue Supervisor Mr. Mark Simmons, Acting Parks & Recreation Director Mr. Danny Froehlich, Fire Chief Mr. Owen Reeves, Gas System Manager Mr. Frank Cates, Deputy Police Chief Mr. Tom Williams, HWU General Manager Mr. Leason Neel, Chief Financial Officer Mr. Larry Leslie Mr. Eddy Tigue Mr. Bryant Tigue Mr. Tommy Alderson Mrs. Donna Coomes, Administrative Secretary Mr. Eddy Coomes Mr. Lleyton Corbett Michael and Farrah Corbett Mr. Tim Norman, Fire Lieutenant Mr. Bill Stevens Ms. Malissa Troutman Mr. Curt Hamilton Mr. Harlan Scott Mr. John Scott Mrs. Beth Strawn, DHP Director Mr. X. R. Royster Ms. Katie Hite Mr. Aiden Hite Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner  A Regular February 25, 2014 PROCLAMATION: “AMERICAN RED CROSS MONTH” MAYOR AUSTIN proclaimed February 2014 as “American Red Cross Month” and urged citizens to volunteer and unite in action when someone is suffering. Mr. Bill Stevens and Mrs. Malissa Troutman were in attendance to receive the proclamation. PRESENTATION: 25-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Tim Norman, Fire Lieutenant, for his hard work and dedication to the City. ____________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN thanked Donna Coomes, Administrative Secretary, Assistant City Manager’s office for her dedication and hard work for the City. _____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to list the following items included on the Consent Agenda: Minutes: February 10, 2014, Called Meeting February 18, 2014, Work Session Resolutions: Resolution No. 14-14 Authorizing the Submission of Grant Application to Transportation Cabinet, Kentucky Office of Highway Safety, in the amount of $28,449 for the Police Department and Acceptance of Grant if Awarded Resolution No. 15-14 Authorizing Lease Between the City of Henderson and the Housing Authority of Henderson, Kentucky, for the Dixon Hall Facility Located at 341 South Adams Street, Henderson, Kentucky, and Authorizing Mayor to Execute Same on Behalf of City MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolutions. 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: ___________________________ ORDINANCE NO. 8-14: SECOND READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY RECLASSIFYING ONE HENDERSON WATER UTILITY (HWU) UTILITY LOCATOR POSITION TO HWU UTILITY LOCATOR/GEOSPATIAL TECHNICIAN POSITION, AND AMENDING HENDERSON UTILITY (HWU) BUDGETED POSITIONS AND J0B CLASSIFICATIONS OF THE 2013-2014 HWU BUDGET MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted.  A Regular February 25, 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 February 25, 2014 ATTEST: Carolyn Williams, City Clerk ________________________________ ORDINANCE NO. 9-14: FIRST READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY RECLASSIFYING ONE HENDERSON WATER UTILITY (HWU) UTILITY LOCATOR POSITION TO HWU UTILITY LOCATOR / GEOSPATIAL TECHNICIAN POSITION, AND AMENDING HENDERSON UTILITY (HWU) BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2013-2014 HWU BUDGET 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. __________________________ ORDINANCE NO. 10-14: FIRST READING ORDINANCE AMENDING CHAPTER 22, TRAFFIC AND MOTOR VEHICLES; ARTICLE II, PARKING STOPPING AND STANDING, DIVISION 2, PARKING; SEC. 22-62, LIMITED FREE PARKING, SEC. 22-64, FINES, AND REPEALING SEC. 22-66 PARKING ADVISORY COMMITTEE ESTABLISHED; PURPOSES; MEETINGS; TERMS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. RUSSELL R. SIGHTS, CITY MANAGER, explained that previously a committee was formed to study the parking ordinances. The committee’s recommendation is before you tonight.  A Regular February 25, 2014 COMMISSIONER PRUITT asked “when was the last time it went from $4 to $5?” Mr. Sights said that it had been a long time, he remembered that it once went from $2 to $4. Later Mrs. Kelsey stated that the last time the fine was changed was in1996.. Commissioner Pruitt asked Mr. Gunter “would you estimate what we made last year on our fines, etc?” Mr. Gunter replied that we budget $20,000 for parking tickets each year. Commissioner Pruitt stated that raising fines to $5.00, we wouldn’t be picking up a substantial amount. Mr. Gunter added, about $5,000 or 20%. COMMISSIONER DAVIS said to Dawn Kelsey, City Attorney, “part of this approval incorporates the new city parking permit for residential parking. What if we don’t approve that?” Mrs. Kelsey said we would come back and change this one. Items considered were from different chapters, making it hard to get everything into one ordinance. COMMISSIONER PRUITT added that “us just picking up that little amount of money and making it tougher on city citizens; I’m not going to be in favor of this.” COMMISSIONER MILLS explained that he was the one who earlier requested this. The thought process behind the request was to be a developer friendly ordinance, to help residential loft space or living space downtown. He discovered there were approximately two dozen buildings downtown that were landlocked and required that the residents either park 2-3 blocks away and walk or carry groceries or park on the city streets and dodge parking tickets. He had determined that adding the “parking permit” would not substantially have an effect on the number of parking spaces we have. MR. CURT HAMILTON asked the Board of Commissioners why do we have parking tickets in the downtown district? He suggested that the City allow free parking downtown for the next year. Mayor Austin stated that he understood that when the parking meters were taken out before was because business owners and employees were parking in the same place all day thus leaving little spaces left for customers. COMMISSIONER DAVIS remarked that the look of downtown has changed in the last fifteen years, with the number of businesses that have closed or people shopping elsewhere, buildings torn down, etc. Sometime the only way to get their attention is with a fine. MR. HAMILTON asked for an amendment to this ordinance. That amendment would be amnesty for out of town visitors. COMMISSIONER PRUITT stated that he was against amnesty for visitors and against raising the fine just because it had not been raised in a long time. MR. SIGHTS said that there was a time in the 1980’s and 1990’s that courtesy tickets were given to out of state plates and other Kentucky county plates except Henderson, Union, and Webster. That policy was later changed. Something else that could come up is you may see is revenue go down because there is something psychologically about getting a $5.00 parking ticket vs. four $1.00 bills. People may be more couscous about staying over 2 hours. COMMISSIONER PRUITT stated again that he was against the increase in parking tickets. Mr. Sights added that an increase in revenue was not a factor in the committee making the recommendation. DISCUSSION WAS HELD: VERBATIM DISCUSSION IS ON TAPE ON THIS MEETING.  A Regular February 25, 2014 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Nay: 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. ________________________ ORDINANCE NO. 11-14: FIRST READING ORDINANCE ESTABLISHING NEW SECTION 22-66, OF CHAPTER 22, TRAFFIC AND MOTOR VEHICLES; ARTICLE II, PARKING STOPPING AND STANDING, DIVISION 2, PARKING; OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. MR. SIGHTS asked that subsections (c), (d), and (e) be read into the record. Sec. 22-66. Residential Parking Permit (c) The application for a residential parking permit shall provide the resident’s name, the owner of the motor vehicle to be permitted; the residential address; the operator’s state driver’s license number; the motor vehicle make, model, color, and license number; and other information requested on the application form. The applicant shall provide proof of residency and other necessary information as required by the City Finance Department. (d) Residential parking permits shall be issued on an annual calendar year basis and will expire on December 31st or when the resident no longer resides at the apartment designated in the application. The annual permit fee is $360. The fee for any permits issued after January 31st of a year will be prorated on a monthly basis. (e) The permit is non transferable and non refundable except on the following basis: (1) If the resident changes vehicles; (2) If the resident moves to another eligible residential apartment within the area designated in Section 22-62(a) and the apartment still has an available parking permit for the apartment. (3) The permit can be transferred to another resident in the apartment unit. COMMISSIONER PRUITT asked if a resident buys a permit for $360.00 and then moves in six months, does he get a prorated amount returned? Mr. Sights said that if he moves out of the apartment there is no provision for that. It is sold on the basis of an annual permit. Commissioner Pruitt suggested some language be added to return some of his money. Secondly, he thinks that $360.00 is a little steep. Commissioner Davis agreed that it was too high. Commissioner Hite asked if someone from the committee explain why it is an annual fee? MR. WILLIAM L. NEWMAN, JR., ASSISTANT CITY MANAGER, replied that it was a matter of convenience, rather than come to the City Building every month.  A Regular February 25, 2014 Mr. Sights explained that if this ordinance passes, we will have color codes. Stickers will be a certain color for 2014, and a different color for 2015. Commissioner Hite suggested that we use one color sticker, like your registration sticker on the car, but it has a number printed that is assigned for that specific vehicle and then have the $30 drafted from their accounts just like utility accounts are drafted. Parking enforcement could figure out the number on the sticker and if it is still valid, if not, we can work on rescinding the permit. She agreed that $360 is pretty hefty up front, lump sum. MOTION by Commissioner Pruitt to develop a refund policy, WITHOUT OBJECTION, the ordinance was tabled and sent back to the committee with these suggestions: --Develop a refund policy. --Look into a payment plan --Check into maybe $15 per month or $180 annually. MOTION by Commissioner Pruitt to withdraw his motion and table the ordinance, seconded by Commissioner Hite. 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, the ordinance was tabled. _____________________________________ CURT HAMILTON asked the Board of Commissioners if they wanted people to live down town? If yes, then why a fine or tax or an additional parking fee? If someone comes in to the City Building and they have a driver’s license with a downtown address. Have them pay a small administrative fee of $25 and hand them a sticker. ____________________________ ORDINANCE NO. 12-14: FIRST READING ORDINANCE AMENDING CHAPTER 25, WATERWAYS; ARTICLE II, SECOND STREET BOAT LAUNCHING FACILITY, DIVISION 2, BOAT LICENSE; SEC. 25-26 REQUIRED; EXCEPTIONS, AND BY ADDING NEW SEC. 25-34 WATER CRAFT LAUNCHING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. MR. WILLIAM L. NEWMAN, JR., explained that boat launching fee has not been adjusted since 1983. After assessing our actual cost for maintaining all three boat ramps in our inventory, we have two downtown and one at the Atkinson Park boat ramp. We had a complaint regarding the silt buildup at the ramp and many changes were required. LARRY LESLIE stated that the suggested increase was too high. He also wants more parking spaces on the riverfront. EDDY TIGUE thinks the fees are high. He is more concerned about the parking  A Regular February 25, 2014 TOMMY ALDERSON said that he has a larger boat and has a problem parking. Why don’t they use the amphitheater area for more parking? Buzzy will look at the bowl area. COMMISSIONER HITE asked about parking for the park area. MR. WILLIAM L. NEWMAN, JR., agreed to take these suggestions and review them with staff. BRYANT TIGUE asked if we were going to raise the fees and let people park for the playground. LANCE DUCKWORTH added that it is not the dollar amount for fee but when we come in there, we have no place to park. CURT HAMILTON added that he was concerned about the parking. What about using the HMP&L parking area. DISCUSSION WAS HELD: VERBATIM DISCUSSION IS ON TAPE ON THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Nay: 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. 16-14 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR SONDI BUCKMAN FOR PROPERTY LOCATED AT 230 THIRD STREET, HENDERSON, KY MOTION by Commissioner Mills, seconded Commissioner Hite, granting a property reassessment moratorium for Sondi Buckman for property located at 230 Third Street. 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 February 25, 2014 ATTEST: Carolyn Williams, City Clerk _________________________________  A Regular February 25, 2014 RESOLUTION NO. 17-14 RESOLUTION AWARDING BID FOR THE PURCHASE OF A CAB, CHASSIS AND DUMP BED TO TOWN AND COUNTRY FORD OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $37,500.00 MOTION by Commissioner Davis, seconded Commissioner Hite, awarding a bid for the purchase of a 2015 one-tom dump truck, with installed dump bed, to Town & Country Ford, Evansville, Indiana, in the amount of $37,500. 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 February 25, 2014 ATTEST: Carolyn Williams, City Clerk _________________________________ RESOLUTION NO. 18-14 RESOLUTION AWARDING BID FOR THE PURCHASE OF WAYFINDING SIGNAGE TO SIGN DE SIGN OF HENDERSON, KENTUCKY, IN THE AMOUNT OF $32,050.00 MOTION by Commissioner Mills, seconded Commissioner Pruitt, awarding a bid for the purchase of Wayfinding signage to Sign de Sign of Henderson, Kentucky, in the amount of $32,050. 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 ATTEST: Steve Austin, Mayor February 25, 2014 Carolyn Williams, City Clerk _____________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that our next meeting would be held on March 25, 2014.  A Regular February 25, 2014 MEETING ADJOURN: MOTION by Commissioner Hite, 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 6:50 p.m. ___________________________ Steve Austin, Mayor March 25, 2014 ATTEST: Carolyn Williams, City Clerk