Board of Commissioners Meetings

A Regular March 25, 2014 A called regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 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 Mr. Russell R. Sights, City Manager, and then Mayor Austin introduced Ashley and Morgan Hite (both named Hite?) who 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 Mrs. Maree Collins, Acting City Clerk Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Danny Froehlich, Fire Chief Mr. David Piller, Police Major Ms. Tammy Willett, Community Development Specialist Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Hugh McCormick, Henderson County Judge/Executive Ms. Beth Strawn, Downtown Henderson Partnership Director Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ______________________________ PROCLAMATION: “FAIR HOUSING MONTH” MAYOR AUSTIN proclaimed the month of April 2014 as “Fair Housing Month” and urges all citizens to join the City in reaffirming the obligation and commitment to fair housing opportunities for all. Ms. Tammy Willett was there to accept the proclamation. ______________________________ MAYOR AUSTIN noted that Carolyn Williams was scheduled to receive her 25-year service pin tonight, but was ill, so we will postpone that until the next meeting. COMMISSIONER DAVIS stated that he would like to add to the record that Rodney Michaels was presented with his 25-year service award at the last HWU meeting and wanted to thank him for the work he does for the city. PRESENTATION: Wayfinding Signage Proposal MRS. BETH STRAWN, DOWNTOWN HENDERSON PARTNERSHIP AND JUDGE/EXECUTIVE HUGH McCORMICK, HENDERSON CO. FISCAL COURT, presented $50,000, received from coal severance money, to help with the Wayfinding Signage Proposal in order to help all of our downtown businesses.  A Regular March 25, 2014 ____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to list the following items included on the Consent Agenda: Minutes: February 25, 2014, Called Meeting March 18, 2014, Called Meeting March 18, 2014, Called Work Session _______________________________ ORDINANCE NO. 10-14: SECOND 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 Davis, seconded by Commissioner Hite, that the Ordinance be adopted. MOTION by Commissioner Davis, seconded by Commissioner Mills to amend the ordinance by deleting words in Sec. 22-62. – Limited free parking (b), line six, deleting words deleting “or motor vehicles parked in spaces designated by signs as “Playground Parking.” The vote on the amendment to the ordinance was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to approve the ordinance as amended. The vote on the ordinance as amended 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 as amended, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 25, 2014  A Regular March 25, 2014 ATTEST: Maree Collins, Acting City Clerk ________________________________ ORDINANCE NO. 12-14: SECOND 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 Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. COMMISSIONER PRUITT stated “we had a grant for almost 10 million dollars where we spent all we could to make our Riverfront beautiful for recreations, we spent a lot of money on our tennis courts so that people would come down and enjoy our recreational tennis courts. I think we should be pushing the same thing for boaters. We should want all the boaters to launch from Henderson and to bring that business to come down here to buy ice, beer, or whatever they buy, food and gas and to raise it from $10 to $25 since we haven’t raised it since 1983, even if we needed a raise, I think we should stair step it up and not go from $10 to $25 in swoop and hit boaters like that. If you want an amendment to stair step $5 every two years to get it to $25, I’m along with that. COMMISSIONER HITE added that she did not think that this fee will keep anybody from launching their boat in Henderson. She continued by saying that the boaters who spoke at a previous meeting did not mention the fee but were concerned with the parking issue. COMMISSIONER DAVIS stated that compared to fees charged at other ramps in the Tri-State, we are still going to be the best deal by a long way. 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 as amended, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 25, 2014 ATTEST: Maree Collins, Acting City Clerk ORDINANCE NO. 13-14: FIRST READING ORDINANCE AMENDING CHAPTER 22, TRAFFIC AND MOTOR VEHICLES; DIVISION II, PARKING; BY ADDING NEW SEC. 22-66 RESIDENTIAL PARKING PERMIT, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON  A Regular March 25, 2014 MOTION by Commissioner Davis, seconded by Commissioner Mills, that the Ordinance be adopted. RUSSELL R. SIGHTS, CITY MANAGER, noted that this committee was asked to go back and make revisions to this ordinance and they have done so. A provision was made that there would be no refund on the $45 of a quarterly amount but there would be if there were was a change in the situation on the annual permit fee of $180.00. COMMISSIONER PRUITT added that he was glad to come down from the $360 annual fee. 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. 19-14 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF HENDERSON, KENTUCKY, WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS MOTION by Commissioner Davis, seconded Commissioner Mills, to adopt the resolution on behalf of the Henderson Water Utility (HWU) declaring official intent relating to financing. MRS. DAWN KELSEY, CITY ATTORNEY, explained that this resolution was not just for HWU’S $6 million but also for any capital expenditures to be reimbursed for a new public services complex up to $4 million dollars. 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 March 25, 2014 ATTEST: Maree Collins, Acting City Clerk  A Regular March 25, 2014 RESOLUTION NO. 20-14 RESOLUTION APPROVING AMENDMENT TO CITY OF HENDERSON EMPLOYEE HEALTH PLAN RELATING TO HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) PRIVACY REGULATIONS MOTION by Commissioner Hite, seconded Commissioner Pruitt, to adopt the resolution approving an amendment to the City of Henderson Employee Health Plan relating to Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations. 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 March 25, 2014 ATTEST: Maree Collins, Acting City Clerk _________________________________ RESOLUTION NO. 21-14 RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF HENDERSON AND COMMUNITY ONE, INC. OF EVANSVILLE, INDIANA, FOR HOUSING RESTORATION IN HENDERSON MOTION by Commissioner Mills, seconded Commissioner Hite, adopting a resolution authorizing the execution of an agreement with Community One, Inc., of Evansville, Indiana, for housing restoration services in Henderson. MR. SIGHTS explained that the appropriation was done in an earlier meeting on this $50,000 amount. He continued by saying that we indicated that we would negotiate a contract spelling out the responsibilities of the City and Community One. He called attention to the Administration portion of the Agreement where it is stated that Administration is limited to 5% of the total or $2,500 which will be paid in advance; half within 30 days and the other half within 90 days from the execution of this agreement. The remainder of the expenditures will be on a requisition basis. There won’t be any blank checks given. COMMISSIONER PRUITT asked Mr. Sights to explain to him again and give him the background on Community One. Mr. Sights explained that they were an Evansville organization that works to improve housing conditions in the community and they are now branching out to Henderson to carry out the same activities over here. They will be soliciting other donations to help to fund their total program but this money will be used, except for the administration part, will be used in Henderson. MAYOR AUSTIN added that they have eight local churches that have signed on with them to help with the volunteer work. COMMISSIONER MILLS asked him to visualize the World Changers year- round in a small level.  A Regular March 25, 2014 COMMISSIONER PRUITT said that ”he was on board about that but something’s got the hair up on the back of my head and what’s you’re saying if we have somebody, a church organization or community organization that comes to you and asks for $50,000 to repair and rehab homes in Henderson, that we would give it to them?” “The Evansville thing, I really don’t like that part. I think Henderson can handle their own. If an organization from Henderson came to us and asked for $50,000 with carpenters, etc., to repair and rehab houses, we would give it to them, is that what you are saying?” MR. SIGHTS answered his question by saying “not necessarily.” This is a non- profit organization, it is not a church, it is the decision of the Board of Commissioners whether you are going to award money to them in the form of a contract. Each proposal would stand on its own, so we can’t apply anything to a blanket statement that we would do something in the future. COMMISSIONER PRUITT asked the same question again and said “I don’t think this commission would have gave a group in Henderson $50,000 to rehab and do all this, I just don’t think they would. Russell is backing up on it now!” MAYOR AUSTIN said that “this group made a formal application and said here is what we will do and here is how we will do it, will you help us with the materials? He continued by saying that if another group comes in as a non-profit and made that same kind of presentation, I think we would certainly look at it favorably and I don’t know if we can do more than one a year but we would look at it favorably, I certainly would.” COMMISSIONER PRUITT said “that’s all the answer I’m looking for. Russell said that we got to look at it...he’s backing up. I’m saying now when another group, non- profit group, that’s going to come, they’re going to come. You give somebody $50,000... COMMISSIONER HITE interjected “Then let them come.” COMMISSIONER PRUITT said “Please, may I talk please, may I finish?” “You give somebody $50,000, I want to make sure that the next group comes gets treated the same way this Community One group gets treated.” COMMISSIONER DAVIS asked to speak. You are talking about giving somebody $50,000. Have you read how they have to get the money? You are talking about giving $50,000 until that person has purchased the product and put it in a building and they ask for reimbursement. But they are a qualified house rehab project organization and they have the qualifications to come here and say that we can take this house and rehab it. He stated that he agreed with the Mayor, if somebody comes to this community with the qualifications and meets all of the abilities, like obtain a $1 million insurance policy and do everything else. He said that he did not think anyone on this Board would say no, if they have the right qualifications. COMMISSIONER PRUITT “and that’s the question I just said, if they meet the same qualifications, did you not hear me say it? Russell backed up, he backed up.” COMMISSIONER DAVIS said “We all heard you, Robert, and we all gave you the same answer.” COMMISSIONER HITE said “When I asked you if the only difference would be if they were based in Evansville or Henderson, you said [No, not necessarily] so there’s got to be some other difference that you’ve got in your mind that you are trying to hook or something with.”  A Regular March 25, 2014 COMMISSIONER PRUITT responded “You can’t read my mind.” What I am saying, like Mr. Davis made a eloquently put. If somebody comes in here and meets the same qualifications, will this committee give them $50,000? Russell said and I quote “I don’t know about that.” COMMISSIONER DAVIS said I heard it, that it would be reviewed just as this one was. Mayor Austin agreed that he said “I can’t make a blanket statement on that because it would have to be reviewed.” Commissioner Pruitt said “that’s what I’m saying, this is going to set a precedent. As long as we keep up with the precedent, that’s all I’m saying.” MAYOR AUSTIN said “I want to say one other thing and I want to repeat one other thing I said. I don’t know that we could do more than one a year.” Commissioner Pruitt said that if we are going to do this, we need to make sure if another group does come from Henderson, is that we don’t go back and refund Community One; that we give another group a chance, since you’re saying we can’t be giving away $100,000 but that’s why I want to make sure that we don’t set a precedent. Make sure we know what we’re doing. COMMISSIONER MILLS made one point that may tie all this together. Community One is kind of like the United Way of helping people with their housing needs. It’s a professional organization that pulls many different organizations and many different people together and they do a lot of training for their coaches and people involved in the rehab. Community One is not a fly by night situation and there are multiple Henderson organizations that are involved. This effort really ties into all of our efforts in the East End area. This brings city money into a personal level and not a give-away but will help people’s lives and improve their quality of life. 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 March 25, 2014 Maree Collins, Acting City Clerk ______________________________ RESOLUTION NO. 22-14 RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT #1 BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS IN THE AMOUNT OF $1,707,000.00 FOR THE NORTH GREEN RIVER ROAD UPGRADE FROM OSAGE DRIVE TO WOODSPOINT DRIVE, IN HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded Commissioner Pruitt, adopting a resolution adopting and approving of a Supplemental Agreement from the Kentucky Transportation Cabinet (KYTC). This agreement provides for the lump sum funded amount of $1,707,000.00 to be used for the Green River Road widening project. The City will be responsible for any ineligible costs or any costs in excess of the funded amount.  A Regular March 25, 2014 MR. WILLIAM L. NEWMAN, ASSISTANT CITY MANAGER, explained that the cover letter signed by Secretary Michael W. Hancock, P.E. stated that once the enclosed Supplemental Agreement No. 1 is signed and returned by the City, the Cabinet will provide up to an additional $1,707,000 in reimbursable federal funds to the City of Henderson, for construction of part of North Green River Road. This would authorize us to go to bid for this project. 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 March 25, 2014 Maree Collins, Acting City Clerk _______________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, asked Mr. Danny Froehlich, Fire Chief, to come to the microphone to explain why Engine One is out of town? He explained that this is our newest fire truck and it had a problem with the one of the ladders not sliding in all of the way. Upon examination, they found that on the back part of the truck bed that some welds had broken away from the frame. We sent it back to the Sutphen Corporation for repairs. Our rescue truck should be back by the end of March. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER HITE asked if Ms. Lindley Harmon, Gas Department Engineering Technician, could draw up plans for a sports and recreational complex for property off of Rocks Road. Mr. Sights agreed. Mr. Newman explained that a few years ago a plan had been worked on for a four-plex softball field. ______________________________ MAYOR AUSTIN said that we had talked earlier about a Long Range Plan and Vision Plan of Purpose for this community. Since then Mr. Newman has been doing some work and will update the Board. Mr. Newman passed out three pages to the Board. This would be a scope of work for a consultant to assist us with the visionary plan. Commissioner Mills asked if we have budgeted money for this. $30,000 is in the budget this year for professional services and additional funds will be added for the 2014-15 fiscal year. Mr. Newman told the Board that this would be about a 12 month process. Part of the consultant’s responsibility will be to identify the parties that need to be involved. Mr. Newman listed several different focus groups and he recommended that a committee be formed to choose a consultant. Mayor Austin said that he would recommend Mark Weaver, Kris Williams, Tim Skinner, Hugh McCormick and himself as Mayor to round out the committee to interview and select a consultant and asked for a motion. COMMISSIONER PRUITT stated that “the group was OK but Commissioner Pruitt wants to be included in that group.” Commissioner Mills explained that this group  A Regular March 25, 2014 would be doing some of the leg work in order to bring back ideas to the Board who would make the final decision. Mr. Newman said that this Vision Plan goes beyond local government. MOTION by Commissioner Davis, seconded by Commissioner Hite, to add Commissioner Pruitt, to the proposed committee including Mark Weaver, Kris Williams, Tim Skinner, Hugh McCormick and Mayor Austin. 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: ______________________________ COMMISSIONER DAVIS asked the City Manager about correspondence from the Kentucky Chamber of Commerce. Mr. Sights explained that they were aware of that program and there is a cooperative relationship between the Kentucky Chamber of Commerce and Kentucky Employers Mutual Insurance, better known as KEMI. They are the City’s insurer now and agrees that it should be done. Without objection this will move forward. _________________________________ EXECUTIVE SESSION: REAL PROPERTY, LITIGATION, & PERSONNEL MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to go into Executive Session to discuss Real Property located on Water Street (KRS 61.810(b); Litigation (KRS 61.810(c) proposed or pending litigation; Personnel (KRS 61.810(f) discussions which might lead to the appointment, discipline or dismissal of a member. 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: ______________________________ MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Hite, the Board of Commissioners reconvened in regular session. 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 March 25, 2014 RESOLUTION NO. 23-14 RESOLUTION TO RETAIN WYATT, TARRANT & COMBS TO CONDUCT ANY NECESSARY REPRESENTATION FOR THE CITY OF HENDERSON IN GENERAL LITIGATION MATTERS OR REGULATORY MATTERS MOTION by Commissioner Pruitt, seconded Commissioner Hite, adopting a resolution retaining legal services to provide representation, including assessment or investigation, for the City of Henderson in litigation matters or regulatory matters with Wyatt, Tarrant & Combs. 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 March 25, 2014 Maree Collins, Acting City Clerk _______________________________ RESOLUTION NO. 24-14 RESOLUTION APPROVING APPOINTMENT BY CITY MANAGER OF TRACE STEVENS AS PARKS, RECREATION AND CEMETERIES DIRECTOR; AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Pruitt, seconded Commissioner Hite, adopting a resolution approving the appointment by City Manager of Trace Stevens as Parks, Recreation and Cemeteries Director. 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 March 25, 2014 Maree Collins, Acting City Clerk  A Regular March 25, 2014 MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Hite, 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 7:30 p.m. ___________________________ Steve Austin, Mayor April 8, 2014 ATTEST: __________________________________ Carolyn Williams, City Clerk