Board of Commissioners Meetings

A Regular October 14, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 14, 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 Orbley Ramsey, Lawndale 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. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Curt Freese, Henderson-Henderson Co. Planning Director Mrs. Essy Day, Henderson County Library Director Mr. Ken Christopher, Henderson Co. Public Library, President, Board of Trustees Mr. Doran Luck, Attorney for Henderson Co. Library Mrs. Nancy Boucherie, Utility Billing Supervisor Ms. Kay Mulligan, Revenue Supervisor Ms. Kelly Payne, Utilities Servicer Mr. Brad VanBussum, Utilities Servicer Mrs. Brenda Shoemaker, Account Technician Mr. Nibby Priest, Vaughn Insurance Agency Mr. Bill Latta, President of Latta Insurance Services Mr. Joe Padilla, Crew Worker, Senior Mr. David Park, Methodist Hospital, COO/General Counsel Mr. Jack Hogan, Methodist Hospital, Director of Facilities Management Ms. Angie Beck, Methodist Hospital RN, Vice President of Clinical Quality Ms. Vicki Sweeny, RN, Methodist Hospital, Infection Preventionist Mr. Tim Mahone, Director of Emergency Medical Services Mr. X. R. Royster Rev. Anthony Anquish, Mt. Olivet Baptist Church Mr. Aiden Hite Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner  A Regular October 14, 2014 PROCLAMATION: “FUEL YOUR COMMUNITY DAY” MAYOR AUSTIN proclaimed October 15, 2014 as “FUEL YOUR COMMUNITY DAY” to honor every day heroes who donate blood, time or money; heroes who help coordinate blood drives or who are blood donors themselves; heroes who provide disaster relief and who work military cases; heroes who provide health and safety training. The Cardinal Red Cross is one representation of our American Red Cross that tirelessly serves all communities across the nation. _________________________ PRESENTATIONS: 1) 20-YEAR SERVICE AWARD – Mayor Austin presented Nancy Boucherie with a 20 year service award. Nancy started to work for the City of Henderson on September 27, 1994, and has been promoted all the way to her current position as Utility Billing Supervisor in 2006. Nancy’s decorating and cooking skills are well known and we are happy to have Nancy with us tonight to thank her for her hard work and dedication to the City. _________________________ 2) Report on the Methodist Hospital Preparedness Activities was opened for discussion by Mr. David Park, Methodist Hospital COO/General Counsel who introduced Mr. Jack Hogan, Methodist Hospital Director of Facilities Management, who explained that while many are just recently being exposed to a lot of information about Ebola in the media, “this is not a new topic for us.” “We have a lot of long standing policies and procedures and methods for dealing with emergent diseases.” Mr. Tim Mahone, Director of Emergency Medical Service said he have been concerned and involved for several years regarding the chance of Ebola being used as a terror threat. “We are receiving information from all of the National and professional associations.” Mr. Hogan stated that he has gone to training in Louisville with the CDC and received very detailed information. “We combined our teams to review our policies starting in August and are coordinating our efforts.” “The main item that we stressed was putting together the protocols for screening patients because detecting this disease is crucial.” “We have a large stockpile of protective gear and we are as prepared as citizens could expect.” Ms. Vicki Sweeney, R.N. Methodist Hospital, Infection Preventionist, said that the latest studies on how the health care providers in Dallas indicates that she could have been exposed while removing her protective gear. “We are very prepared and we have been meeting since August to try to fine tuned all of our processes and she says we are very prepared in case we were to get an Ebola patient.” Mr. Tim Mahone, Director of Emergency Medical Services, stated, “as explained before, we truly have been working on this since 2001.” “Now that it has come to light in our country, it is more important than ever to make sure that we are using the proper procedures.” “We have already put together the safest protective gear available and check it often.” COMMISSIONER ROBERT PRUITT questioned how prepared Henderson was for someone who traveled here infected with Ebola and was answered clearly by Ms. Sweeney that Henderson was very prepared. MR. HOGAN said that a Community Forum is going to begin scheduling in the very near future to answer more questions and with more detail.  A Regular October 14, 2014 (3) MR. BILL LATTA, PRESIDENT OF Latta Insurance Services, recalled that last week he presented a check to the City for $21,436.11 from KEMI, the City’s Workers Compensation Carrier. “Congratulations to the Board, management of the City, and especially the employees for implementing safety procedures and abiding by them as well as having a work safe environment that helped to keep injuries down.” This was for the period of 2011 to 2012. Mr. Latta congratulated the City for a job well done and to keep up the good work. (4) REPORT ON INSURANCE SERVICES OFFICE (ISO) Chief Froehlich appeared before the Board to announce Henderson’s Class II fire insurance classification for the City of Henderson beginning January 1, 2015. Chief Froehlich explained that the Insurance Services Office (ISO) collects and evaluates information on Henderson’s structure fire suppression capabilities. About seven years ago, ISO reviewed our records and our score was a 70.33 which is barely a Class III. Through the work of fire fighters doing extra training and compiling company surveys has helped to increase our score. Moving the aerial-ladder truck to the downtown station also added additional points. ISO changed some of the ways they were scoring, so we got credit for things that we were already doing, such as public education, inspections of buildings and arson. Henderson has increased from that 70.33 score to a 80.24 score which will move us up to a Class II. Last year, in the entire nation, there were only750 departments ranked as a Class II with Henderson being one. COMMISSIONER PRUITT stated that he had received questions regarding the question about moving Station One from the corner of Washington and Green Streets out toward the high school. The people close to Station One are against moving it anywhere. Chief Froehlich answered that it would have to be the perfect location before thinking about moving Station One. People nearby would still be within the minute and one-half response. Commissioner Pruitt asked if we could keep Station One and build another station around Zion Road? Commissioner Hite questioned if a fifth station would help or hurt our ISO rating. Chief Froehlich stated that Henderson did not need a fifth station. _______________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: September 23, 2014, Regular Meeting October 2, 2014, Called 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 Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ ORDINANCE NO. 32-14: SECOND 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 second reading of the ordinance amending Article 108-Civil Service Employment,  A Regular October 14, 2014 Article 128-Probationary Period and Article 134-Promotional Examinations of the Employee Manual. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 October 14, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 33-14: SECOND 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. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ ORDINANCE NO. 34-14: FIRST READING ORDINANCE AMENDING ARTICLE XXVIII, SECTIONS 28.01 – 28.07, OF APPENDIX A OF THE ZONING ORDINANCE, HENDERSON CITY-COUNTY AIRPORT HEIGHT REGULATIONS; OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular October 14, 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. ORDINANCE NO. 35-14 ORDINANCE AMENDING OFFICIAL ZONING MAP SUMMARY: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSON FOR PROPERTIES BEGINNING AT INTERSECTION OF THE CENTERLINE OF SOUTH MAIN STREET AND A PROJECTED NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-4-3-3, THENCE IN A SOUTHWEST DIRECTION ALONG SOUTH MAIN STREET, TO THE INTERSECTION OF SOUTH MAIN AND JEFFERSON STREET, THENCE IN A SOUTHEASTERN DIRECTION ALONG THE CENTERLINE OF JEFFERSON STREET TO THE PROJECTED SOUTHEASTERN PROPERTY LINE OF PVA PARCEL 1-23-1-9, THENCE IN A SOUTHWESTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-23-1-7, THENCE IN A SOUTHEAST DIRECTION ALONG NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-23-1-7 TO THE CENTERLINE OF KREILS AVENUE, THENCE IN A SOUTHWEST DIRECTION ALONG KREILS AVENUE CROSSING AUDUBON STREET TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-23-4-20, THENCE IN A NORTHWESTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-23- 4-21 TO THE CENTERLINE OF SOUTH MAIN STREET, THENCE IN SOUTHWESTERN DIRECTION ALONG SOUTH MAIN STREET CROSSING JACKSON AND HANCOCK STREETS TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-2-1-3, THENCE IN A NORTHWEST DIRECTION ALONG SAID PARCEL TO THE NORTHWEST PROPERTY CORNER OF SAID PARCEL, THENCE IN A NORTHEASTERN DIRECTION ALONG SAID PVA PARCEL TO THE SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-2- 1-27, THENCE IN A NORTHWESTERN DIRECTION ALONG SAID PARCEL TO THE NORTHWEST PROPERTY CORNER OF SAID PARCEL, THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN PROPERTY LINE OF SAID PARCEL TO THE CENTERLINE OF HANCOCK STREET, THENCE IN A NORTHWESTERN DIRECTION ALONG HANCOCK STREET TO THE PROJECTED SOUTHWESTERN PROPERTY LINE OF PVA PARCEL 1-3-5-5, THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN PROPERTY LINE OF SAID PARCEL AND PVA PARCELS 1-3-5-4 AND 1-3-5-8 TO THE CENTERLINE OF JACKSON STREET, THENCE IN A SOUTHEASTERN DIRECTION ALONG JACKSON STREET TO THE PROJECTED NORTHWESTERN LINE OF PVA PARCEL 1-3-4-11 , THENCE IN A NORTHEASTERN DIRECTION ALONG THE NORTHWESTERN PROPERTY LINE OF SAID PARCEL TO THE NORTHEASTERN PROPERTY CORNER OF SAID PARCEL, THENCE IN SOUTHEASTERN DIRECTION ALONG SAID PARCEL AND PVA PARCEL 1-3-4-3 TO THE CENTERLINE OF WEST MAIN STREET, THENCE IN A NORTHEASTERN DIRECTION ALONG WEST MAIN STREET TO THE PROJECTED NORTHEASTERN PROPERTY LINE OF PVA PARCEL 1-3-3-5, THENCE IN A SOUTHEASTERN DIRECTION ALONG SAID PARCEL TO THE CENTERLINE OF SOUTH MAIN STREET, THENCE IN A NORTHEASTERN DIRECTION ALONG SOUTH MAIN STREET TO THE INTERSECTION OF TOWELS STREET, THENCE IN NORTHWESTERN DIRECTION ALONG TOWELS STREET TO THE PROJECTED NORTHWESTERN LINE OF PVA PARCEL 1-3-2-1, THENCE IN A NORTHEASTERN DIRECTION ALONG SAID PARCEL TO THE CENTERLINE OF GLASS ALLEY, THENCE IN NORTHWESTERN DIRECTION ALONG GLASS ALLEY TO THE CENTERLINE OF PUBLIC ALLEY WAY, THENCE IN A NORTHEASTERN DIRECTION ALONG THE PUBLIC ALLEY WAY TO THE SOUTHWEST PROPERTY LINE OF PVA PARCEL 1-4-3-3, THENCE IN NORTHWESTERN DIRECTION ALONG THE SAID PROPERTY TO THE SOUTHWEST PROPERTY CORNER OF SAID PROPERTY, THENCE IN A  A Regular October 14, 2014 NORTHEASTERN DIRECTION ALONG THE SAID PARCEL TO THE NORTHWEST PROPERTY CORNER, THENCE IN A SOUTHEAST ALONG THE SAID PARCEL TO THE POINT OF THE BEGINNING, FROM GENERAL BUSINESS (GB), AND LIGHT INDUSTRIAL (M-1), AND MEDIUM DENSITY RESIDENTIAL DISTRICT (R-2), AND NEIGHBORHOOD BUSINESS DISTRICT (NB), AND HIGH DENSITY RESIDENTIAL DISTRICT (R-4), TO HENDERSON INNOVATIVE PLANNING DISTRICT (HIP). MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 36-14: FIRST READING ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING ARTICLE XXXIV, SECTIONS 34.01 – 34.07, HENDERSON INNOVATIVE PLANNING DISTRICT MOTION by Commissioner Mills, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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. 86-14 RESOLUTION AWARDING BID FOR PURCHASE OF OUTDOOR LIGHTING FIXTURES IN THE AMOUNT OF $4,187.88 PER UNIT MOTION by Commissioner Mills, seconded Commissioner Hite, to authorize the purchase of outdoor lighting fixtures for the Gateway / Second Street Upgrade project to Galloway Electric Supply, Henderson, in the amount of $4,187.88 per lighting fixture unit. MR. WILLIAM L. (BUZZY) NEWMAN, ASSISTANT CITY MANAGER, added a little history by saying that earlier infrastructure improvements along the Second Street corridor had been approved approximately a year and one-half ago. We did sidewalk repairs and replacement and included some lighting improvements along the  A Regular October 14, 2014 sidewalks on the Second Street corridor. Part of the lighting project included pulling out and picking out a design that would enhance the Gateway District. COMMISSIONER PRUITT stated that “you got a good price but I know how many have lost their homes in the last two years and then we turn around and people got their tax bills and are struggling and for us to spend another $200,000 on decorative lights but he wanted this to be postponed.” The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Nay: Commissioner Davis ----------------- 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 October 14, 2014 ATTEST: Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 87-14 RESOLUTION DECLARING PROPERTY LOCATED AT 102 SOUTH WATER STREET AS SURPLUS PROPERTY; AUTHORIZING SALE AND PURCHASE CONTRACT WITH HENDERSON COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES, AND AUTHORIZING MAYOR TO EXECUTE CONTRACT AND OTHER DOCUMENTS MOTION by Commissioner Hite, seconded Commissioner Mills, to authorize the Mayor to execute the Purchase and Sale Contract on behalf of the City; and to execute such other documents as may be necessary to effectuate the sale and conveyance of the aforesaid property. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 October 14, 2014 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 88-14  A Regular October 14, 2014 RESOLUTION AUTHORIZING THE PURCHASE OF UP TO 200 TONS OF ROAD SALT ON A NONCOMPETITIVE NEGOTIATION BASIS PURSUANT TO KRS 45A.375 (4) MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to adopt the resolution initiating the process of supplementing our supply of road salt with invitations to bid for the purchase of 200 tons of road salt. COMMISSIONER DAVIS asked that Mr. X. R. Royster, 2222 Hwy. 60 East, Henderson, come to the microphone and discuss what our history has been regarding how much road salt could be needed. Mr. Royster replied that typically, we would use 300 tons annually. City Commission Memorandum 14-211 October 9, 2014 TO: Mayor Steve Austin and the Board of Commissioners FROM: Russell R. Sights, City Manager SUBJECT: City Manager's Report I. ' Road Salt Procurement Commission Direction Requested. The City initiated the process of supplementing our supply of road salt with 'invitations to bid for the purchase of 200 tons of road salt in September with only two vendors responding, both with No Bids. Therefore, staff requests your approval of the attached resolution allowing the City to conduct this purchase as a noncompetitive negotiation as authorized under KRS 45A.375(4), negotiations after competitive sealed bidding when no bids received. With your approval, staff will contact our regular suppliers and any other suppliers who operate in this area to locate and negotiate the best purchase price of up to 200 tons of road salt to supplement our current supply of approximately 175 tons in accordance with KRS45A.380. Demand for road salt is up and supplies are diminished all across the country due to the harsh and long lasting weather conditions last winter. With this authority we could act quickly to replenish our supply as product becomes available. c: Brian Williams Paul Titzer  A Regular October 14, 2014 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- 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 October 14, 2014 ATTEST: Carolyn Williams, City Clerk ____________________________ COMMISSIONER’S REPORT: COMMISSIONER MILLS stated that this morning he attended a Engage Henderson meeting and was asked once again “what is the funding on the East End Park?” Mr. Sights said that he had checked last week and the project is at the state level in Frankfort, however it is now being reviewed by the federal officials who get a chance to comment on a grant before it is awarded. We understand that that process is taking place and as soon as the federal review is over, the recommendation will come back for funding to the Dept. of Local Government and they will issue a contract. We have been assured that the grant will be awarded but it has to go through this federal review process since it is federal funds allocated to the state. Commissioner Mills added that we are going to be talking about the east end of Henderson and some of the activities the Engage group have been involved in as far as community development in a seminar in New York City next week. COMMISSIONER HITE added that the sign for the East End could be ready 4-6 weeks with everything going smoothly. COMMISSIONER PRUITT said that when he looked at the citizens who have been foreclosed on the last couple of years, and said that a lady came up to him and told him that she was going to have to move out of my home because of her tax bill came and she cannot afford it. When we raise taxes, then we want to buy decorative lights and not raise taxes. I want to have taxes stay where they are and work within our budget. ________________________ MEETING ADJOURN:  A Regular October 14, 2014 MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: Mayor Austin declared the meeting adjourned.. ___________________________ Steve Austin, Mayor October 28, 2014 ATTEST: __________________________ Carolyn Williams, City Clerk