Board of Commissioners Meetings

A Regular November 25, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 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 Reverend Chad Hensley, Henderson General Baptist Church, and then Mayor 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 Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills Commissioner Jan Hite __________________________ ALSO IN ATTENDANCE INCLUDED: ALSO PRESENT: Mr. Russell R. Sights, City Manager Mr. William L. Newman Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mrs. Connie Galloway, Human Resources Director Mr. Charles H. (Chip) Stauffer, Police Chief Mr. Danny Froehlich, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Mr. Robert Gunter, Finance Director Mr. Owen Reeves, Gas System Director Mr. Marvin Hancock, Assistant Fire Chief Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Curt Freese, Henderson-Henderson County Planning Commission Mr. Jesse Johnston Mr. X. R. Royster Mr. Greg Gibson Mr. Nibby Priest Mr. and Mrs. Luther Burton Ms. Nicole Lester Mr. Mike Richardson, Police Reserve Officer Mr. Chuck Stinnett, The Gleaner ____________________________ PRESENTATION: 35-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Marvin Hancock, Assistant Fire Chief, for his hard work and dedication to the City with the presentation of this 35-year service pin. ____________________________ PRESENTATION: MR. CURT FREESE, DIRECTOR: HENDERSON- HENDERSON COUNTY PLANNING COMMISSION  A Regular November 25, 2014 MAYOR AUSTIN accepted two checks from Mr. Curt Freese, Henderson- Henderson County Planning Director, presenting the City with $10,338.00 in excess funds from their 2014 operating budget. __________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: November 11, 2014, Regular Meeting Resolution No. 98-14 Awarding Bid for the Purchase of a One-Ton Cab and Chassis With Installed Service Body to Town and Country Ford of Evansville, Indiana, in the Amount of $53,360.00 MOTION by Commissioner Hite, seconded by Commissioner Pruitt, 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. 37-14: SECOND READING ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN BY CHANGING GRADE OF HENDERSON WATER UTILITY (HWU) WATER TREATMENT OPERATOR II CLASSIFICATION, AND AMENDING HENDERSON WATER UTILITY (HWU) BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2014-2015 HWU BUDGET MOTION Commissioner Davis, seconded by Commissioner Hite, to adopt the ordinance amending the Job Classification and Pay Plan for Henderson Water Utility classified positions by changing the grade of the HWU Water Treatment Operator II classification and amending Henderson Water Utility Budgeted positions and Job Classifications of the Fiscal 2015 Henderson Water Budget. 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 same be recorded. _______________________ . EXECUTIVE SESSION: LITIGATION MOTION by Commissioner Pruitt, seconded by Commissioner Mills, pursuant to the provisions of KRS 6.810(1)(c) for the Board of Commissioners to into Executive Session for discussions of proposed or pending litigation against or on behalf of the City. The vote was called. On roll call, the vote stood:  A Regular November 25, 2014 Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Davis ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING RECONVENED: MOTION by Commissioner Hite, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. 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. 38-14: FIRST READING ORDINANCE APPROVING AGREEMENT WITH INSIGHT KENTUCKY PARTNERS II, LP, FOR AN EXTENSION OF CABLE TELEVISION FRANCHISE THRU JULY 1, 2017, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Hite, seconded by Commissioner Pruitt, approving first reading of an ordinance to approve an extension of the cable television franchise agreement with Insight Kentucky Partners II, L.P. 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. 39-14: FIRST READING ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ESTABLISHING SECTION 30.04 RF-4, RIVERFRONT RESIDENTIAL DISTRICT, TO ARTICLE XXX, RIVERFRONT ZONES MOTION by Commissioner Mills, seconded by Commissioner Davis, approving the first reading of an ordinance amending Article XXX of the Zoning Regulations by establishing Section 30.04 Riberfront-4 Residential District (RF-4). MR. CURT FREESE, CITY-COUNTY PLANNING COMMISSION DIRECTOR, explained that in August the Planning Commission appointed a committee to review riverfront development and zoning issues. That committee has made the recommendation to the Planning Commission to create a new zone to better regulate and encourage river view residential development.  A Regular November 25, 2014 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. 40-14: FIRST READING ORDINANCE AMENDING THE EMPLOYEE MANUAL REGARDING ATTACHMENT A, SECTION L, POST-ACCIDENT TESTING, OF THE DRUG AND ALCOHOL POLICY MOTION by Commissioner Hite, seconded by Commissioner Mills, approving first reading of an ordinance amending the Employee Manual – Attachment A, Drug and Alcohol Policy. MRS. CONNIE GALLOWAY, HUMAN RESOURCES DIRECTOR, explained that the Federal Transit Administration conducted and Audit on the City’s FTA-mandated drug and alcohol testing program and recommended the removal of some language not applicable to the City’s program. 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. 41-14: FIRST READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 3015, FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Mills, adopting the first reading of an ordinance amending the Fiscal 2015 Budget and Appropriation ordinance amending the Fiscal 2015 Budget and Appropriation ordinance for fiscal year ending June 30, 2015. MR. ROBERT GUNTER, FINANCE DIRECTOR, clarified that more than half of this has to do with the wayfinding signs, at approximately $65,000.  A Regular November 25, 2014 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. 99-14 RESOLUTION ACCEPTING INTERLOCAL AGREEMENT WITH THE KENTUCKY STATE POLICE TASK FORCE AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT MOTION by Commissioner Mills, seconded by Commissioner Hite, adopting a resolution approving entering into an Interlocal Agreement with the Kentucky State Police (KSP) to establish a Kentucky State Police Drug Task Force. COMMISSIONER PRUITT asked how this task force would work. Chief Stauffer explained that this would allow our Police Department designee to work with other defined State Police Troopers. Chief Stauffer made it clear that he would be in the loop at each step of the investigations. 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 ATTEST: November 25, 2014 Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 100-14 RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, IN THE AMOUNT OF $1,125,000 TO PURCHASE AN AERIAL LADDER TRUCK FOR THE FIRE DEPARTMENT, AND ACCEPTING GRANT IF AWARDING MOTION by Commissioner Mils, seconded by Commissioner Hite, authorizing the submittal and acceptance, if approved, of a grant in the total project amount of $!,125,000 from the U. S. Department of Homeland Security, Federal emergency Management Agency under Assistance to Firefighters Program for the purchase of an aerial ladder truck.  A Regular November 25, 2014 MR. DANNY FROEHLICH, FIRE CHIEF, announced that this grant would be a regional effort including Henderson as well as ten volunteer fire departments. A 10% match would be required. 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 ATTEST: November 25, 2014 Carolyn Williams, City Clerk ___________________________ CITY MANAGER’S REPORT: Mr. Sights stated that in 1994 the City issued 20-year Industrial Revenue Bonds to Taubensee Steel. All bond payments have now been completed and the ordinance provides that once this was completed, Taubensee Steel may acquire the property for $100. A deed will be recorded showing this transfer of ownership. ____________________________ COMMISSIONER PRUITT asked the citizens to think about Ferguson and say a little prayer for what they are going through. MAYOR AUSTIN wished a Happy Thanksgiving to all as well as our City. ______________________________ EXECUTIVE SESSION: REAL ESTATE MOTION by Commissioner Pruitt, seconded by Commissioner Hite, pursuant to the provisions of KRS 61.810(1)(b) for deliberations on the future acquisition of sale of property located on in the area of Old Madisonville Road, Sand Lane, and Commonwealth Drive where publicity would likely to affect the value of the properties. 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 November 25, 2014 MEETING RECONVENE: MOTION by Commissioner Hite, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. 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: _______________________________ WITHOUT OBJECTION, THE MEETING ADJOURNED. ___________________________ Steve Austin, Mayor ATTEST: November 25, 2014 __________________________ Carolyn Williams, City Clerk