Board of Commissioners Meetings

A Regular September 23, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 23, 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 Reverend Todd Linn, Ph.D., First Baptist Church. Mayor Steve Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills __________________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. William L. Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mr. Charles H. (Chip) Stauffer, Police Chief Mr. Danny Froehlich, Fire Chief Mrs. Connie Galloway, Human Resources Director Mr. Owen Reeves, Gas System Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mrs. Donna Spencer, Depot Community Room Mrs. Essie Day, Library Director Mrs. Sharon Coffman, Account Representative Ms. Kay Mulligan, Revenue Supervisor Ms. Betty Smithhart, Office Assistant Mrs. Brenda Ramsey, Account Technician Mrs. Nancy Nelson-Horn, Account Technician Mrs. Frances Malony, Benefits Coordinator Mr. Nibby Priest Ms. Morgan Hite Mr. Aiden Hite Mr. Frank Boyett, The Gleaner _____________________________ PRESENTATIONS: MAYOR AUSTIN presented Mrs. Sharon Coffman with her 20-year service pin and thanked her for her dedication to the City. _____________________________ MR. ROBERT GUNTER, FINANCE DIRECTOR, showed the Board of Commissioners the “Distinguished Budget Presentations Award from the Government Finance Officers Association” for 2014. Mr. Gunter said that many other employees have worked together in order to obtain this award. MRS. DONNA SPENCER, with the Depot Community Room had previously asked for $4,000 to buy audio/video equipment in order to present videos of interviews  A Regular September 23, 2014 made with Henderson and Henderson County veterans to coincide with our November 11th Veteran’s Day celebration. She suggested that others who use the Depot Conference Room would also benefit from this video system. MAYOR AUSTIN explained that the County was asked to share in this expense. The County Judge/Executive said that he did not have that budgeted and they can only spend 60% of their budget in an election year. MOTION by Commissioner Davis, seconded by Commissioner Hite, to fund Mrs. Spencer’s request for $4,000. MR. RUSSELL R. SIGHTS, CITY MANAGER, explained that if the Board approves this request, the money will be available but we will need backup invoices on the cost of equipment and labor. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Nay: Mayor Austin ------------------------- Aye: ______________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the item on the Consent Agenda. Minutes: September 9, 2014, Regular Meeting MOTION by Commissioner Mills, seconded by Commissioner Hite, to approve the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ ORDINANCE NO. 32-14: FIRST READING ORDINANCE AMENDING EMPLOYEE MANUAL REGARDING INTERNAL CIVIL SERVICE EXAMS, ARTICLE 108, CIVIL SERVICE EMPLOYMENT, PARAGRAPH H, SUBSECTION 2; ARTICLE 128, PROBATIONARY PERIOD, SECTION A, SUBSECTION 6; AND ARTICLE 134, PROMOTIONAL EXAMINATIONS, SECTIONS A, SUBSECTIONS 1 AND 7 MOTION by Commissioner Davis, seconded by Commissioner Pruitt, to adopt the first reading of the ordinance amending Article 108-Civil Service Employment, Article 128-Probationary Period and Article 134-Promotional Examinations of the Employee Manual. MR. SIGHTS told the audience that our current Personnel Manual provides for a two year minimum time period in order for an employee to participate in an in-house examination. The Henderson Water Utility requested that this ordinance be amended.  A Regular September 23, 2014 MRS. CONNIE GALLOWAY, HUMAN RESOURCES DIRECTOR, stated that Kentucky Civil Service requirements state that, for internal promotions, the ability to first offer promotional opportunities to current employees. The statutes says that there has to be at least three applicants with two years seniority with the organization. The City’s Employee Manual followed that, but also added that they had to be in their current position for a year. After discussion with HWU, we would like to remove the more stringent portion and allow for the three people who have two years of seniority to apply but if other people would like to apply they could, as long as, if three people with at least two years of seniority also applied and passed the exam. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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. 33-14: FIRST READING ORDINANCE APPROVING AGREEMENT WITH MEDIACOM SOUTHEAST, LLC, FOR AN EXTENSION OF CABLE TELEVISION FRANCHISE THRU APRIL 11, 2020, AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to adopt the first reading of the ordinance approving the agreement with MediaCom Southeast, LLC, for an extension of cable television franchise through April 11, 2020. MRS. DAWN KELSEY, CITY ATTORNEY, stated that the City has a franchise agreement with MediaCom that was entered into in 2004. This small franchise covers the Carriage Mobile Home Park and the Presidential Mobile Home Park. We have negotiated with MediaCom and have been very satisfied with the current franchise agreement we have with them and have agreed to extend the franchise through April 11, 2020. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.  A Regular September 23, 2014 RESOLUTION NO. 80-14 RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTIES LOCATED AT 925 CENTER STREET AND 7-9 JULIA STREET TO HENDERSON COUNTY BOARD OF EDUCATION MOTION by Commissioner Mills, seconded Commissioner Hite, to authorizing donation of surplus properties at 925 Center Street and 7-9 North Julia Street to the Henderson County Board of Education. MR. TOM WILLIAMS, HWU GENERAL MANAGER, said that HWU purchased these properties to enable construction of the Center & Julia Storm Water Separation Project, Phase I, as part of the Long-Term Control Plan for Reduction of combined Sewers Overflows. Construction of the Center & Julia Phase I project is complete and no further construction on the property is planned. COMMISSIONER PRUITT added that these properties will help some low income families in Henderson. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 81-14 RESOLUTION AUTHORIZING REVISED AGREEMENT BETWEEN CITY OF HENDERSON AND BEECH GROVE WATER SYSTEM; AND AUTHORIZING MAYOR TO EXECUTE ON BEHALF OF THE CITY MOTION by Commissioner Hite, seconded Commissioner Pruitt, to authorize execution of a new agreement between the City, the Henderson Water and Sewer Commission and Beech Grove Water System, Inc., for the provision of water. MR. TOM WILLIAMS, HWU GENERAL MANAGER, stated that in 1997, a series of contract with Beech Grove Water System, Inc., to provide water service and construct facilities to serve that area of McLean County were entered into. The Beech Grove Water System has been a valued customer since that time and has a good working relationship with HWU. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular September 23, 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 82-14 RESOLUTION APPROVING AMENDMENT TO CITY OF HENDERSON EMPLOYEE HEALTH PLAN AS REQUIRED BY THE PATIENT CARE AND AFFORDABLE CARE ACT (PCACA) REGARDING BREAST CANCER MEDICATIONS MOTION by Commissioner Pruitt, seconded Commissioner Hite, to approve amendments to the City of Henderson Employee Health required by the Affordable Care Act by adding certain breast cancer medications to preventative medication lists to be effective September 24, 2014. MR. SIGHTS explained that this was a mandatory change under the Affordable Care Act and Mrs. Galloway explained this entails increasing a benefit for women who meet a certain criteria including a certain age (35 years and older) and increased risk factor with breast cancer. This will allow the health plan to cover two medications, raloxifene or tamoxifen without cost-share for up to five years for eligible women. Approximately 5% of the women currently taking these medications may qualify to receive them as a preventative benefit with a $0 co-pay. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 83-14 RESOLUTION AWARDING BID FOR PURCHASE OF TRENCHER WITH BACKHOE ATTACHMENT AND TRAILER IN THE AMOUNT OF $57,580 TO DITCH WITCH TRENCHING COMPANY OF KENTUCKY, INC., SHEPHERDSVILLE, KENTUCKY MOTION by Commissioner Pruitt, seconded Commissioner Hite, to authorizing  A Regular September 23, 2014 the purchase of a trencher with backhoe attachment and trailer from Ditch Witch Trenching Company of Kentucky, Inc., Shepherdsville, Kentucky, in the low bid amount of $57,580.00 MR. OWEN REEVES, GAS SYSTEM DIRECTOR, explained that we had bids structured with a trade-in allowance for the existing 2004 trencher and trailer or for a standalone purchase. Upon review of our options, the trade-in value was viewed less than anticipated and we have opted to sell our 2004 model utilizing Gov.Deals. By utilizing Gov.Deals, we have fared better than the trade-in allowance. Therefore, recommendation is made to awarding a total cost of $57,580 to Ditch Witch Trenching of Kentucky. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 84-14 RESOLUTION AWARDING BID FOR PURCHASE OF FIRE PUMPER TRUCK TO MID-AMERICA FIRE & SAFETY OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $423,985.86 MOTION by Commissioner Mills, seconded Commissioner Pruitt, adopt the resolution authorizing the purchase of a fire pumper truck from Mid-America Fire & Safety, Evansville, Indiana, in the low bid amount of $423,985.86. MR. SIGHTS stated that we were excited tonight to make this recommendation and introduced Mr. Danny Froehlich, Fire Chief, who explained that we sent out bids to six manufacturers and only received two bids returned. After reviewing the specifications, it was determined that one of the bids did not meet specifications and recommended the bid be awarded to Mid-America Fire & Safety based on the lowest price as well as their meeting bid specifications. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular September 23, 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 85-14 RESOLUTION ACCEPTING PROPOSAL OF DANIELLE CRAFTON FOR SOCIAL MEDIA SERVICES FOR CITY OF HENDERSON’S COMMUNITY VISIONARY PLAN AND COMPREHENSIVE PLAN UPDATE MOTION by Commissioner Mills, seconded Commissioner Pruitt, to accept the proposal of Danielle Crafton for Social Media Services for the City of Henderson’s Community Visionary Plan and Comprehensive Plan Update. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 ATTEST: September 23, 2014 Carolyn Williams, City Clerk _________________________ COMMISSIONER’S REPORTS: COMMISSIONER DAVIS reminded the audience that White on Main dinner will be held Saturday evening. Also Mr. Ted Yeiser passed away. He was the founder of Crestline Plastics which was responsible for many jobs here in Henderson. ____________________________ COMMISSIONER MILLS said that hearing Chief Froehlich speak on buying fire trucks and other equipment made him think that the City has done a much better job in the last 10 or 12 years by making sure that public safety vehicles are in good shape. We have known of a time when police cars and fire trucks were not kept up to the best of our ability. When the Board asks for the compensating tax rate and other small tax bumps each year, that’s what those tax dollars pay for, like buying $400,000 vehicles and buying 6 or 7 police cars at a time and we should stay focused on the fact that it is infrastructure that people expect and the service that people expect on a daily basis. That is one of our main charges. ______________________________ COMMISSIONER HITE stated that the results of the public input on the name on the sign scheduled for installation at the corner of Atkinson and Washington Streets were  A Regular September 23, 2014 twelve votes for East End and four votes for Audubon. She asked the Board if they would like to wait for more input or proceed? With no objection, Mayor Austin agreed that Lowe’s could proceed now with the East End Sign. _______________________________ COMMISSIONER PRUITT asked the Commission, and called out Commissioner Davis, Commissioner Robert N. Mills, and Commissioner Jan Hite to ask them to join him and give a tax break to those 11,000 people who own real property, which will come up to approximately $85,000. He spoke to Mrs. Donna Spencer, Depot Community Room and explained that he voted against her $4,000 video project because he does not think that we should be giving taxpayer money away. The people who are paying for all of this don’t even get a tax break. We have an opportunity to give taxpayers a $25 break. We have about 40 days to get our house in order. COMMISSIONER HITE said that she was still confused, as to how you think taking a $300,000 loss on the sale of property and turning around and giving $300,000 worth of tax breaks to the taxpayers, and how that doesn’t add up in your head to a $600,000 loss. COMMISSIONER PRUITT said that he was glad that she was confused because he was confused by losing $300,000 and giving them back $280,000. The same people that you don’t want to give a tax break to are the people who pay the bills. COMMISSIONER HITE disagreed and said that Commissioner Pruitt voted against the entire budget, against the Ambulance Service, the Airport, every single thing that makes this City function over a campaign stunt. COMMISSIONER PRUITT stated that she voted to lose $300,000, she voted to give $20,000 to three people who you already asked if they were going to be doing any of the work, and they said no but you still gave them the raise. COMMISSIONER HITE countered by saying “look what we got tonight, another prestigious award because the people that we hire and invest in are what makes this community function. She continued by saying that he wanted to complain about everything, but only during an election year. Last year, I don’t recall any of the meetings getting heated like this one. COMMISSIONER PRUITT told her that she should go back and check because there was a meeting that got heated and you began to cuss and use four-letter words. COMMISSIONER PRUITT said, welcome to politics, it gets heated. COMMISSIONER HITE stated that he was the common denominator between this Commission and constant and persistent drama, you have never provided a single solution to any issue, instead, you take the money that taxpayers paid and turnaround and offer $25 back to them. COMMISSIONER PRUITT said since you don’t know much about the elections before this last one, he told that commission that they were going in the wrong direction and most of them were not reelected. COMMISSIONER DAVIS said that in regard to the raises for Finance employees, he stated that when he was presented with data from KLC on comparable size towns and what they paid their finance employees and realized that our town was not keeping up with other towns on wages for directors, that was when he made his decision and it had nothing to do with the unfilled position. COMMISSIONER PRUITT said that we should not lie up here because Mr. Sights brought the recommendation to not replace the retired position in the Finance Department and save $70,000 and so forth. COMMISSIONER DAVIS cautioned him on calling him a liar. COMMISSIONER PRUITT said that you don’t have to caution me because you are three or four times over a liar. MAYOR AUSTIN told Commissioner Pruitt that the comment was completely out of order and not appropriate for this meeting. ________________________ MAYOR AUSTIN commended Accuride for winning the award for being the best in the United States for both profitability and production and the four or five people that run that business in Henderson have great leadership skills.  A Regular September 23, 2014 MAYOR AUSTIN thanked Chief Charles (Chip) Stauffer, for his hard work and for obtaining a $25,000 grant for a recorder in the 911 Emergency Call Center. ____________________________ APPOINTMENT: CITY UTILITY COMMISSION JENNIFER HOWELL TO FILL UNEXPIRED TERM OF JANET HAYDEN TERM TO EXPIRE APRIL 25, 2015 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, and upon recommendation of Mayor Austin, to appoint Jennifer Howell to fill the unexpired term of Janet Hayden on the City Utility Commission. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: ____________________________ 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 Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: Mayor Austin declared the meeting adjourned.. ___________________________ Steve Austin, Mayor September 23, 2014 ATTEST: __________________________ Carolyn Williams, City Clerk