Board of Commissioners Meetings

A Regular June 24, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 24, 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 Minister Virgil Hammontree, Central Church of Christ, and then Mayor Austin introduced Boy Scouts, Josh Clem, Nick Clem, and Davis Howell to lead 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 Mr. H. Randall Redding, Acting City Attorney Ms. Carolyn Williams, City Clerk Mr. Jerry Long, Assistant Fire Chief Mr. Charles H. (Chip) Stauffer, Police Chief Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Ms. Tammy Willett, Community Development Specialist Mrs. Kathy Ferrell, City-County Planning Executive Director Mr. Curt Freese, City-County Planning Assistant Executive Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Rodney Michael, HWU Director Utility Operation Mrs. Beth Strawn, Director, Downtown Henderson Partnership Mr. Tim Skinner, Skinner Design Associates Mr. Charles “Butch” Branson, PAPS Properties, LLC Mr. John Logan Mr. David McGan Mr. Chad Rafferty, Henderson Mission Group Mr. Tanner Eaton, Henderson Mission Group Mrs. Ginny Howell, Boy Scout Leader Mr. Josh Clem, Boy Scout Mr. Nick Clem, Boy Scout Mr. Davis Howell, Boy Scout Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner _______________________________ APPEARANCE OF CITIZENS: MAYOR AUSTIN introduced Chad Rafferty and Tanner Eaton, who are in Henderson to work on some homes that need repairs and they represent their home churches through the Henderson Mission Group.  A Regular June 24, 2014 PRESENTATION: Mr. Tim Skinner, Skinner Design Associates, presented his plans for a new building at the corner of Second and Water Streets on behalf of the owner Charles “Butch” Branson. The 12,000 square foot building will be wood-frame construction with a veneer of grayish brick to blend in with the downtown theme. Except for the two garages, the entire bottom floor will be office and retail space, while the top floor will be residential. Several Commissioners complimented Mr. Skinner for his presentation. ___________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: June 10, 2014, Regular Meeting Resolutions: RESOLUTION NO. 55-14 – APPROVING MUNICIPAL AID COOPERATIVE AGREEMENT WITH THE KENTUCKY TRANSPORTATION CABINET FOR MAINTENANCE AND CONSTRUCTION OF CITY STREETS IN FISCAL YEAR 2014-2015 RESOLUTION NO. 56-14 – APPROVING AGREEMENT WITH THE HENDERSON CITY-COUNTY AIRPORT BOARD ALLOCATING $128,760.00 FOR AIRPORT SERVICES AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT RESOLUTION NO. 57-14 – APPROVING AGREEMENT WITH THE DOWNTOWN HENDERSON PARTNERSHIP ALLOCATING $44,000.00 FOR SERVICES IN SUPPORT OF DOWNTOWN HENDERSON AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT RESOLUTION NO. 58-14 – APPROVING AGREEMENT WITH THE HUMANE SOCIETY OF HENDERSON COUNTY, INC. ALLOCATING $110,000.00 FOR ANIMAL CONTROL AND SHELTER SERVICES RESOLUTION NO. 59-14 – APPROVING AGREEMENT WITH KENTUCKY NETWORK FOR DEVELOPMENT, LEADERSHIP AND ENGAGEMENT, INC. (KYNDLE) FORMERLY NORTHWEST KENTUCKY FORWARD, ALLOCATING $60,000.00 FOR ECONOMIC DEVELOPMENT SERVICES AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT RESOLUTION NO. 60-14 - APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HENDERSON COUNTY TOURISM COMMISSION REGARDING PERSONNEL FOR THE HENDERSON WELCOME CENTER RESOLUTION NO. 61-14 – APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH THE FATHER BRADLEY SHELTER FOR WOMEN AND CHILDREN, INC. (SWC) RESOLUTION NO. 62-14 – AUTHORIZING FUNDING FOR HENDERSON-HENDERSON COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) IN THE AMOUNT OF $142,950.50 FOR FISCAL YEAR 2015 RESOLUTION NO. 63-14 – AUTHORIZING FUNDING FOR PLANNING COMMISSION IN THE AMOUNT OF $279,273.00 RESOLUTION NO. 64-14 – AUTHORIZING FUNDING FOR HENDERSON RECYCLING ALLIANCE IN THE AMOUNT OF $152,800.00  A Regular June 24, 2014 RESOLUTION NO. 65-14 – AUTHORIZING PAYMENT OF $71,000.00 AS MEMBER CONTRIBUTION TO TRI-COUNTY RECYCLING ALLIANCE, INC. RESOLUTION NO. 66-14 - SUBMITTING APPLICATION TO THE EVANSVILLE METROPOLITAN PLANNING ORGANIZATION (EMPO) THRU THE TRANSPORTATION ALTERNATIVE PROGRAM (TAP) FOR FUNDS IN THE AMOUNT OF $38,000.00 TO BE USED TO IMPROVE NON-MOTORIZED TRANSPORTATION ENVIRONMENT, ACCEPTANCE OF FUNDS IF AWARDED; AND AUTHORIZING MAYOR TO EXECUTE THE APPLICATION FOR THE FUNDS RESOLUTION NO. 67-14 - AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR FUNDS IN THE AMOUNT OF $63,000.00 TO PURCHASE ITEMS TO UPGRADE THE COMMUNICATIONS CENTER, AND ACCEPTANCE OF GRANT IF AWARDED; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS AND TO ACT AS AUTHORIZED CORRESPONDENT FOR THE PROJECT MOTION by Commissioner Mills, seconded by Commissioner Hite, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: __________________________________ MR. RUSSELL R. SIGHTS, CITY MANAGER, reminded the Board that a quorum must stay in the room during the playing of the prerecorded readings of the second reads of the two appropriation ordinances. ORDINANCE NO. 17-14: SECOND READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY1, 2013, AND ENDING JUNE 30, 2014, FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Davis, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular June 24, 2014 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 18-14: SECOND READING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015, FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Davis, seconded by Commissioner Hite, that the Ordinance be adopted. MR. SIGHTS asked Mr. William L. (Buzzy) Newman, to double-check the $500,000 amount appropriated to Henderson Recycling. Mr. Robert Gunter, Finance Director, came forward with his laptop computer and responded that he had received an email from Freddy Rowland stating $499,983.03. Mr. Sights said that staff would check on that number and we could always amend it. COMMISSIONER PRUITT asked that the Commission take a look at what we are getting ready to pass when it comes to giving our Finance Director and two other supervisors that kind of raise. The city workers just got a 1.5% raise which amounts to $200-$300 to most of them. “We gave a raise to the lady that took over the job vacancy due to retirement for the city and HWU did the same thing. Now we have two guys getting an almost $14,000 raise and the other guy getting an almost $6,000 raise. They are doing the same job that they were doing the day before yesterday. This sets a bad precedent and affects morale. If these three employees think that they need a raise we could deal with that separately but we shouldn’t be tying a raise on the back of somebody who retires and giving them this kind of raise but they will not be doing or picking up any of their work. Recently, in a political sense, Eric Cantor who was defeated in Virginia and they called it a political earthquake. If this commission gives $7,000 to each of the three guys, come November we will have a political earthquake here.” COMMISSIONER HITE asked, just to make sure her memory served her correctly, these two issues were separate. The request for reclassification was separate from eliminating the job. They just happened at the same time but they weren’t connected or not that one was happening because the other happened. MR. SIGHTS stated that he believed that part of the reason for the reclassifications were that the position was not going to be filled if you approved the recommendation. It would have been filled if you had not. Commissioner Hite asked if they were still separated, right? That wasn’t given in the reasoning for the request forms that were handed out, was it? Mr. Sights asked Mr. Gunter to help explain that one. Mr. Gunter said that he submitted requests for his position and two others. The City Manager packaged it and thought he could present it, that raise, if we eliminated the position. Commissioner Hite said that it made sense to tie them all together if you were doing something but that wasn’t the initial reasoning for requesting the raise for you and two others, correct? Mr. Gunter explained that we get these forms to complete that we submit to the City Manager and Human Resources Director and he submitted it for three positions. Commissioner Hite said that she remembered sitting with the City Manager and saying that, if this position is being eliminated and this request can be filled and it would save that department quite a lot of money, it made sense to be able to do that. She stated that for her, going into this, it wasn’t that there was a position being eliminated, it  A Regular June 24, 2014 almost just fit together. Mr. Sights said “here is where the confusion is and I will take the responsibility for that. When Mr. Gunter first presented his requests, it was independent of anything. It was a request for reclassification and a request for the reclassification of the other two gentlemen. I made the decision in the budget message to package it together in conjunction of eliminating a position but his first request was not that. It was as a result of our discussion and then I presented it, am I clear about that?” Commissioner Hite said that she didn’t have a problem with that, she just wanted to clarify the reasoning that “you are not getting a raise just because you eliminated a position.” Commissioner Pruitt said that you could change it anyway you wanted to change it. Mr. Gunter submitted a request for a raise that was recommended that you don’t hire that person, not fill that job, then you would be in favor of giving him that raise. Mr. Sights responded that’s incorrect. Commissioner Pruitt continued by saying that if you would have, then we could have dealt with Mr. Gunter, Mr. Titzer, and Mr. Stier individually. There should not have been anything or any writing, any conjunction tied to a part-time person’s job not being refilled and giving three guys $20,000 that are not going to any of the work. Now you are starting to get the big picture and see what Commissioner Pruitt was speaking about last meeting. If Mr. Gunter wants a raise and somebody else wants a raise, we can deal with that separate but when you say that you are going to tie it to a part-time worker and not refilling and you are saving $71,000 so you can go ahead and give them this $20,000 to these three guys who are not going to pick up the load. Now you understand that it is not looking right. The bottom line is it was tied together. Mr. Gunter was not going to get that recommendation from Mr. Sights unless the position was not filled. Now, since we didn’t fill the position, now it is showing up real bad; you are giving three guys $7,000 apiece when you only gave city workers $200-$300 at max. Commissioner Hite stated that she never said that was the contingent for me approving that. As far as my memory serves again, this was unanimously approved by all commissioners prior to and then when one commissioner decided to withdraw his approval, then Mr. Gunter felt that it was not a good decision if he wasn’t going to have unanimous approval because he didn’t want it to be tied to anything political because it’s an election year. Commissioner Pruitt asked so, did he change his mind? Commissioner Hite responded by saying “No, not that he changed his mind. He still deserved that raise.“ Commissioner Pruitt countered by saying “you just made a statement, you said Mr. Gunter, now is she speaking true for you Mr. Gunter? She said that you were not going to take the raise unless all commissioners were in approval. Now, if you have taken the raise now, that means that you have changed your mind because Commissioner Pruitt ain’t on board.” Mr. Sights said that he would be glad to take responsibility for what’s in the budget but it is unfair for Mr. Gunter to be cross-examined in this room and I am going to ask him to not respond to any more questions because that is not right, this is not what this meeting all about. If we have any discussion to be held individually with Mr. Gunter we can do that but not here. I really think that any question now should be directed to me and I am going to say this “everyone knows that I discussed individual budget recommendations, individually with each commissioner and that is allowed under the Open Meeting law. For informational purposes, you can have dialogue one at a time. I did that with every member of this commission. It is true that Mr. Gunter asked for reclassification independent of anything else for himself and two other people. Commissioner Hite is correct that there was no opposition in the first discussion that we had. The opposition came later. I did make the decision later, though and I talked to Mr. Gunter about it, to put the recommendation in to eliminate the one position but that was afterwards not before. Mr. Gunter “do you agree with that?” His answer was yes. Commissioner Pruitt said “I thought you were not going to ask him anymore questions.” Mr. Sights responded that he could ask a department head a question. Commissioner Pruitt stated “if you can ask him a question, we should be able to ask him a question. Now, come on now Russell, if you are not going to bring him in it, then don’t bring him in it. Mr. Sights said that he had made his statement and would be glad to answer any questions. Commissioner Hite said that she would like to apologize to Mr. Gunter for putting him in that position. Mr. Sights said “asking for information, like Commissioner Hite did, is one thing but cross examination is another and that is where we have to draw the line. Commissioner Pruitt said “This is for you, City Manager Mr. Sights, you had a department head come to you and tell you that he  A Regular June 24, 2014 thinks that he needs a raise.” Mr. Sights responded yes, that he needed to be reclassified. Commissioner Pruitt said, “that means that he needs a raise and did he say that he needed it tied to a part time worker not being rehired?” Mr. Sights responded “not initially.” Commissioner Pruitt asked “are you saying that he did or did not say it?” Mr. Sights said “not initially.” Commissioner Pruitt said that he did not get that. Mr. Sights said that he was the one to come up with that. Mr. Gunter presented a written request to be reclassified. Commissioner Pruitt asked “when department heads come to you and ask to be reclassified or for a raise, do you say I think you deserve a raise or we will see or what? Or, if you don’t rehire somebody you can get a $7,000 raise. How did this get tied into all of that? To me, here is what it looks like, the only way you were willing to give him a raise is that we don’t rehire this part time position. By doing that, you are setting a precedent to every other department head that if you come to me and ask for a raise, I’m going to tell you that if you don’t rehire somebody, you can get the raise. Mr. Sights said that he did not agree with that. There were 12 reclassification requests in the budget, much more than there used to be, and they are enumerated in there. That is a process that any employee can go through and ask for their own reclassification. As a result of a request, when we have budget meetings with department heads and the committee, we discuss a variety of things and some of that may be eliminating a position and some of it is not. There is no standard answer that fits all and there never will be. At the request of Mr. Sights, Mr. Gunter clarified that there were 9 not 12 reclassification requests. Commissioner Pruitt stated that we just dealt with a big survey that talks about morale. You don’t think that this is going to kill some morale in the city workers. When you give $7,000 to three guys and others get a $200-$300 but, not only that you have other supervisors and department heads who have eliminated jobs and other people are going to do the work but you give the top three guys $7,000 raise. You didn’t give the other workers nothing. Do you think the morale won’t be hurt? Mr. Sights said “I never said that. You said that.” Commissioner Pruitt stated “So, you don’t care about morale.” Mr. Sights said “No sir, you said that, I didn’t say that.” Commissioner Pruitt said “Give them the raise Russell, give them the raise!” Mr. Sights said “You are confusing COLA for all employees with reclassification of individual employees.” There is a big difference, and we have done that many times before. Cost of living was approved by the Board of Commissioners for the employees is across the board.” Commissioner Pruitt said that he had looked at all of the upgrades that you are asking for and this is the most expensive upgrade of all of them.” Mr. Sights said that we are saving money by doing it, we are saving a lot of money. Commissioner Pruitt said “you just tied it to the part-time person again, we are saving money. You’re saving money Russell but you’re not getting the picture. This guy should have stood on his own merits for his own raise and he would have been perfectly all right. That’s why you said, I feel sorry for him being in this position. I wouldn’t want to be a supervisor that’s thinking, the only reason why I got a raise is because we didn’t hire Joe or Jill because she retired, and I got the money and I’m not going to be doing the work. That doesn’t look right and sets a bad precedent and to me as a City Manager, I think it’s a bad move and I think, to be honest if I was CEO and you did something like that, I would terminate you!” Mr. Sights replied “Well, I’m well aware of that.” MAYOR AUSTIN said that he was in favor of this on its own merit and the job that department has done. Commissioner Davis and Commissioner Hite agreed. Commissioner Pruitt said “That’s not what the language said.” Mayor Austin asked what language is that Robert? All I have to go by is what it is. Commissioner Pruitt said “but when you go back to what was approved in the work session, we approved something in the work session that was speaking about not replacing that part-time worker that we have already approved in order to give them that money, so in order to do that, you’re going back and redo all of that.” Mayor Austin said “I don’t think we did that.” Commissioner Pruitt said “Yes we did.” Commissioner Hite said ”I evaluated this based upon the outstanding history of the Finance Department, the ability for the City to be able maintain and keep the employees that make it an outstanding department and keep them at least up to the same rate that any other organization could come in and take this person for. Having that other position eliminated was an addition and was a bonus but that was not the primary reason for me approving this.” Mayor Austin said “the reason I’m  A Regular June 24, 2014 approving it is because of the merit of the work done.” Commissioner Pruitt said “I have one more thing; if we go back and read the minutes Mr. Mayor, if you remember correctly, you said by tying this and this job not being refilled, as they look in other departments and they do the same thing, we will be giving them the same benefit.” Mayor Austin responded “No, I went back and looked at the minutes and what I said was that any department head that comes forward and said that they have a plan to reorganize their department and would show a savings to the citizens, we should take a look at it and I think we will.” Mayor Austin said that every situation is different. Commissioner Pruitt said “One thing about me, I’m going to tell you the truth, the truth of the matter is that Mr. Sights tied that raise to the opposition of not filling that job. Now, if he wants to recline and say now we need a change; then that’s one thing but those guys’ raises should have stood individually on their own merit and not because a part-time worker got retired and somebody else is going to do the work and you going to give these guys the money. When Mr. Pruitt started talking about that, you guys started coming to your senses and now you want to backpedal.” Mayor Austin stated that he was voting on the merits. Commissioner Mills asked “Call for the question?” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 19-14: SECOND READING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Davis, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular June 24, 2014 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 20-14: SECOND READING ORDINANCE AMENDING SEWER USE ORDINANCE ORDINANCE AMENDING ARTICLE II, WATER AND SEWER SERVICE, OF CHAPTER 23, UTILITIES, SECTION 23-26 THROUGH 23-31 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 Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 21-14: SECOND READING ORDINANCE AMENDING PAY PLAN ORDINANCE APPROVING AMENDMENT TO PAY PLAN PROVIDING FOR ONE AND ONE HALF PERCENT (1.5%) INCREASE FOR EMPLOYEES EFFECTIVE JULY 1, 2014 MOTION by Commissioner Hite, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular June 24, 2014 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 22-14: SECOND READING ORDINANCE RELATING TO CIVIL SERVICE PENSION PLAN RETIREES ORDINANCE AMENDING CITY CODE OF ORDINANCES RELATING TO CIVIL SERVICE PENSION PLAN RETIREES BY PROVIDING FOR REIMBURSEMENT PAYMENTS OF A SUM SET ANNUALLY BY THE BOARD OF COMMISSIONERS PER MONTH TO THOSE RETIREES WHO ARE ENTITLED TO OR ARE RECEIVING MEDICARE BENEFITS MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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 June 24, 2014 ATTEST: Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 23-14: FIRST READING ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING THE FOLLOWING ARTICLES OF APPENDIX A OF THE ZONING ORDINANCE AS RECOMMENDED: ARTICLE II, DEFINITIONS; ARTICLE III, ESTABLISHMENT OF ZONING DISTRICTS; ARTICLE IV, GENERAL PROVISIONS; ARTICLE V, BOARD OF ZONING ADJUSTMENT; ARTICLE VI, ADMINISTRATION, ENFORCEMENT AND VIOLATIONS; ARTICLE VII, AMENDMENTS; ARTICLE VIII; NONCONFORMING USES AND STRUCTURES; ARTICLE IX; OFF STREET PARKING REQUIREMENTS; ARTICLE XI (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT; ARTICLE XIII; (R-3) MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT; ARTICLE XIV; (R-4) MULTI-FAMILY RESIDENTIAL DISTRICT; ARTICLE XV PLANNED UNIT DEVELOPMENT DISTRICT; ARTICLE XVI, (R-MH) MANUFACTURED HOME DISTRICT; ARTICLE XVII (R-O) RESIDENTIAL OFFICE DISTRICT; ARTICLE XVIII; (NB) NEIGHBORHOOD BUSINESS DISTRICT; ARTICLE XIX (GB) GENERAL BUSINESS DISTRICT; ARTICLE XX (CBD) CENTRAL BUSINESS  A Regular June 24, 2014 DISTRICT; ARTICLE XXI; (HC) HIGHWAY COMMERCIAL DISTRICT; ARTICLE XXII, (R-5) MEDIUM TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT; ARTICLE XXIII, (M-1) LIGHT INDUSTRIAL DISTRICT; ARTICLE XXIV (M-2) HEAVY INDUSTRIAL DISTRICT; ARTICLE XXV, AGRICULTURE DISTRICT; ARTICLE XXVI, FLOOD PRONE AREAS; ARTICLE XXVII, SCHEDULE OF REGULATIONS; ARTICLE XXVIII, HENDERSON CITY-COUNTY AIRPORT HEIGHT REGULATIONS; ARTICLE XXIX, REGULATION OF CELLULAR ANTENNA TOWERS; ARTICLE XXX, RIVERFRONT ZONES (RF-1, RF-2, AND RF-3) OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON On first reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Davis, that the Ordinance be adopted. MAYOR AUSTIN announced that Kathy Ferrell and Curt Freese were both here to answer any questions. Curt reminded the Board that this would be Kathy’s last meeting before retirement. Mayor Austin thanked Kathy for her work and service to the City and County of Henderson. MR. SIGHTS stated that this update started about 20 months ago as a staff effort to go through the whole zoning ordinance and to bring it to the Board. According to his list, they met approximately 180 clock hours or over 1,600 man hours. He thanked Kathy Ferrell, Curt Freese, Dawn Kelsey, John Stroud, Don Summers, Theresa Curtis, Buzzy Newman, and Tom Williams was a part of it at different phases of the process. He said that these people were very professional in doing their job. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- 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. 24-14: FIRST READING ORDINANCE AMENDING FEES ORDINANCE ADOPTING A NEW SECTION 7.2, SCHEDULE OF FEES, CHARGES AND EXPENSES IN CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS 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 Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular June 24, 2014 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. _______________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, passed out a copy of a page from Henderson’s YP phone book. We discovered last Saturday that there are major errors in the listing for the City of Henderson. Maree made a corrected page that covered our numbers. We are going to print some kind of sticker to cover the wrong numbers and add those to the utility bills. The people who are not city utility customers will not get this correction but by correcting the numbers for our city customers; if they do call the wrong number, except for emergencies, they will get directed to the right place. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER PRUITT said that “life is about respecting one another and giving each other respect. The first thing, Commissioner Mills, it is disrespectful to call for a vote when a commissioner is speaking. So, for future reference, I hope that you take that into consideration.” Second thing is “the truth is always what sets you free and I’m going to tell you the truth for what really went down. Mr. Sights, City Manager, has spoke to me for about 2 hours trying to get me to go along with this raise of $7,000 estimated for two guys and $6,000 for another guy. In conjunction with tying it into saving $71,000, as everybody has spoke about and testified about in our last meetings, so by giving them that money it’s a win-win. So, now to back away from tying it up to that, the first thing is really not right to say one thing and try to get something through on another perception. The perception and the real truth of the matter is that these city workers should never had to go through this for a raise. I respect these three guys and they do a great job for us and I’ve told them that and the thing about it is it should have been handled in a much different way. To give three guys $7,000 who are supervisors, and they are not going to do any work that you are claiming that you are saving $71,000 on is wrong. This commission, what we just did, is going in the wrong direction. I spoke a couple of years ago about a commission that I said was going in the wrong direction and if you look at this commission now, 50% of them are gone and 70 votes would have got another one. This commission is going in the wrong direction. You don’t give $20,000 to three people on the backs of somebody who is not going to be rehired and on the backs of other people who are going to do the work. If that’s the direction you guys want to go, I think you are going in the wrong direction. And, for you Mr. Mayor, for you to be on board with them, you are going in the wrong direction. MAYOR AUSTIN stated that he had another opinion that others on this Commission are going in the wrong direction. COMMISSIONER DAVIS said that I would just as soon let us go home. _______________________________ COMMISSIONER MILLS said “Since Commissioner Pruitt pointed me out and said that I was disrespectful, the only thing that I would point out was that I think there are multiple opinions up here that think that he was disrespectful tonight. So, I think that I have the opportunity to say that and point that out. Also, I think it bears fruit to talk about the difference in how commissioners go about their job. Fourteen years of being on the Commission and when I first came on the Commission I thought the way to do a good job as a Commissioner was to have bare knuckle fights in public and call people  A Regular June 24, 2014 names and try to get my name in the paper. From that point I feel like I learned and matured as an elected official and now I choose to do my work as I talk to the City Manager and the Mayor and other Commissioners that are workable and want to move our community forward. I share ideas with them and that’s how I do my work. I am trying my hardest not argue and fight and I consider myself a respectful person. I think tonight is a bad example of what city government ought to be like. I think we look in the newspaper and see headlines that say that we are losing jobs in the City of Henderson and other things that are documented; stagnant growth in our community. It would be a shame for somebody that’s wanting to locate a business in our community or expand to pick up the newspaper and see elected officials yelling and disagreeing as I am sure that’s what is going to be written in the newspaper tomorrow or even worse, turning on the local video feed or looking on the internet as people do researching a community. All of that says our conduct tonight does not pass the test of representing our community well. I think this was a poor meeting and I am sorry that employees were dragged into the middle of our discussion tonight and the truth of the matter is that at the end of our budget, and approval of our budget, we added the raises and the reclassification of the employees in the Finance Department back into the budget. It is our choice to do that, not the City Manager’s, not Mr. Gunter’s but it is our choice. If Mr. Pruitt wants to take our words and twist them and add things to them which he normally does, that is a political fight and the citizens of Henderson are going to have to realize and decide who they want to lead their community. I am fine with that. Robert, you made the point that 70 votes would have gotten me, I was in fourth place, but I’m happy with the decisions and things that we have been doing in our community and I think we are moving forward. COMMISSIONER HITE said “I won’t say anything except to offer another apology to Mr. Gunter. I don’t feel that my questions were necessarily appropriate for a commission meeting and I realize that now and so I apologize for making you uncomfortable, if I played any part in that.” _____________________________ APPOINTMENT: CITY UTILITY COMMISSION – 3-YEAR TERM JANET HAYDEN TO FILL UNEXPIRED TERM OF RON JENKINS TERM TO EXPIRE APRIL 25, 2015 MOTION by Commissioner Pruitt, seconded by Commissioner Davis, upon recommendation from Mayor Austin, to appoint Janet Hayden to fill the unexpired term of Ron Jenkins on the City Utility Commission. Said term to expire April 25, 2015. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to adjourn the meeting. WITHOUT OBJECTION the Board of Commissioners adjourned at approximately 6:41 p.m.  A Regular June 24, 2014 ___________________________ Steve Austin, Mayor July 8, 2014 ATTEST: __________________________________ Carolyn Williams, City Clerk