Board of Commissioners Meetings

A Regular December 9, 2014 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 9, 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 Anthony Anguish, Mt. Olivet Baptist Church, and then Boy Scout Troop #50 including Kevin Audas, Henry Baer, and Nick Tillerson led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. Mr. Kevin Baer, Troop Leader, explained that their visit coincided with receiving their Citizenship in the Community badge. 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 Mr. Randall Redding, Acting City Attorney Ms. Carolyn Williams, City Clerk Mrs. Connie Galloway, Human Resources Director Mrs. Frances Malony, Benefits Coordinator Mr. Charles H. (Chip) Stauffer, Police Chief Mr. Danny Froehlich, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Mr. Mark Simmons, Recreation Program Manager Ms. Kim Fendrick, Recreation Facilities Supervisor Mr. Paul Parker, JFK Custodial Worker Mr. Robert Gunter, Finance Director Mr. Malcolm (Mac) Neel, Myriad A Group, LLC Mr. John Stier, Accounting Manager Mr. Randall Redding, Acting City Attorney Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Curt Freese, Henderson City/County Planning Commission, Executive Director Mr. Jesse Johnston, Commissioner Elect Mr. X. R. Royster, Commissioner Elect Mr. Glenn Powell, President, County Volunteer Firefighters Mr. David Piller, Police Major Mr. Michael Shockley, Communications Supervisor Reverend Charles Johnson, Greater Norris Chapel Church Mr. Henry Baer, Boy Scout Troop #50 Mr. Kevin Audas, Boy Scout Troop #50 Mr. Nick Tillerson, Boy Scout Troop #50 Mr. Kevin Baer, Boy Scout Troop #50 Leader Mrs. Lillie Pruitt Ms. Breasha Pruitt Mr. Nolan Pruitt Ms. Gloria Pruitt  A Regular December 9, 2014 Mr. Billy Armistead Ms. Vanessa Weathers Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PLEDGE OF ALLEGIANCE: Boy Scout Troop #50 including Kevin Audas, Henry Baer, and Nick Tillerson led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. Mr. Kevin Baer, Troop Leader, explained that their visit coincided with receiving their Citizenship in the Community badge. ______________________________ EXECUTIVE SESSION: REAL PROPERTY MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to go into Executive Session pursuant to provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property located in the area of Old Madisonville Road, Sand Lane, and Commonwealth Drive because publicity would likely affect the value of the 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: ______________________________ 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: ______________________________ PRESENTATION: FY 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT The 2014 Comprehensive Financial Report was presented by Malcolm E. Neel, III, Managing Partner with Myriad, Inc. Mr. Neel explained in some detail the highlights included in the Fiscal 2014 Comprehensive Annual Financial Report. It is noteworthy that the City has received a Certificate of Achievement for Excellence in Financial Reporting for the 15th consecutive year for the fiscal year ending June 30, 2013. Mr. Neel congratulated the City’s finance staff for doing an exceptional job. He also mentioned that the Myriad management letter contained no recommendations for improvement in the way the City is managed. This is high praise.  A Regular December 9, 2014 MR. RUSSELL R. SIGHTS, CITY MANAGER, added that the audit could not be completed without the cooperation of the Finance Department and all department heads. He thanked everyone for their hard work. MOTION by Commissioner Hite and seconded by Commissioner Mills to approve the acceptance of the audit for Fiscal Year Ending June 30, 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: ______________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: November 25, 2014, Called Work Session November 25, 2014, Regular Meeting Resolution No. 101-14 Adopting Amended and Restated Employee Assistance Program Resolution No. 102-14 Amending City of Henderson Group Health Plan by Adding Wellness Addendum MOTION by Commissioner Pruitt, 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: ______________________________ RESOLUTION NO. 104-14 RESOLUTION AWARDING CONTRACT FOR HEALTH INSURANCE BROKER SERVICES FOR CITY OF HENDERSON EMPLOYEE HEALTH BENEFITS PROGRAM MOTION by Commissioner Hite, seconded by Commissioner Mills, adopting a resolution authorizing the award of a contract for health broker services to be utilized in conjunction with the City’s Third Party Administrator for the health benefits program.  A Regular December 9, 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 Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 9, 2014 Carolyn Williams, City Clerk ___________________________ RESOLUTION NO. 103-14 RESOLUTION SETTING FEE SCHEDULE FOR FACILITY USE AT THE JOHN F. KENNEDY CENTER AS AUTHORIZED BY CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY REVEREND CHARLES JOHNSON, GREATER NORRIS CHAPEL BAPTIST CHURCH, asked that the Board reconsider raising the cost of using the JFK Center. COMMISSIONER PRUITT also disagreed with the increased cost and asked that a second facility be considered for Henderson. MOTION by Commissioner Davis, seconded by Commissioner Hite, to table this resolution for further study. 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 No. 103-14 TABLED. _________________________ ORDINANCE NO. 38-14: SECOND 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 Mills, seconded by Commissioner Pruitt, to approve an extension of the cable television franchise agreement with Insight Kentucky Partners II, L.P.  A Regular December 9, 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, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 9, 2014 Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 39-14: SECOND 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 Pruitt, seconded by Commissioner Mills, to amend Article XXX of the Zoning Regulations by establishing Section 30.04 Riverfront–4 Residential District (RF-4). COMMISSIONER HITE stated that she had received an e-mail concerning this zoning change by saying that this action could bring about more crowded construction of buildings; perhaps causing a more blighted look. MR. CURT FREESE, CITY-COUNTY PLANNING EXECUTIVE DIRECTOR, explained that, in his opinion, he knew of any case where riverfront property was not worth more than the general community. 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 ATTEST: December 9, 2014 Carolyn Williams, City Clerk __________________________ ORDINANCE NO. 40-14: SECOND READING ORDINANCE AMENDING THE EMPLOYEE MANUAL REGARDING ATTACHMENT A, SECTION L, POST-ACCIDENT TESTING, OF THE DRUG AND ALCOHOL POLICY  A Regular December 9, 2014 MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to amend the EMPLOYEE MANUAL – Attachment A, Drug and Alcohol Policy. 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 ATTEST: December 9, 2014 Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 41-14: SECOND READING ORDINANCE AMENDING 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 Pruitt, seconded by Commissioner Hite, to amend the Fiscal 2015 Budget and Appropriation ordinance for the fiscal year ending June 30, 2015. 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 ATTEST: December 9, 2014 Carolyn Williams, City Clerk ____________________________ ORDINANCE NO. 42-14: FIRST READING ORDINANCE AMENDING ARTICLE XXII, SECTIONS 22.01-22.04, R-5 URBAN SINGLE FAMILY (MEDIUM DENSITY) ZONING DISTRICT AND SCHEDULE A OF ARTICLE XXVII, SCHEDULE OF REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Hite, seconded by Commissioner Pruitt, amending the Zoning Regulations relating to Sections 22.01-22.04, R-5 District and Schedule A of Article XXVII, Schedule of Regulations.  A Regular December 9, 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. 105-14 (911 CONSULTING SERVICES AMENDMENT) RESOLUTION APPROVING AMENDMENT OF CONSULTING CONTRACT WITH FEDERAL ENGINEERING, INC., TO INCLUDE VENDOR CONTRACT NEGOTIATIONS IN AN ESTIMATED AMOUNT OF $10,000.00 MOTION by Commissioner Mills, seconded by Commissioner Pruitt, adopting a resolution amending the Federal Engineering Consulting Contract to exercise the option to assist with vendor contract negotiations as submitted in their original cost proposal dated April 2014. MR. WILLIAM L. (BUZZY) NEWMAN, JR., introduced members of the 911 Joint City-County Cooperative Study Team: Danny Froehlich, City Fire Chief Mike Shockley, City 911 Supervisor David Piller, City Police Major Glenn Powell, President, Henderson County Fire Chief Association Brent Jacobs, County Network Administrator Charles (Chip) Stauffer, City Police Chief Absent: Terry Harmon, County Sheriff Department 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: December 9, 2014 Carolyn Williams, City Clerk ___________________________ REPORT: CITY-COUNTY PLANNING COMMISSION Rezoning #1039 - 1501 Garfield Avenue Rezoning #1042 – Barret Boulevard  A Regular December 9, 2014 CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, asked Mr. William L. Newman, Jr. to explain the proposed amendments to local projects for the Evansville Metropolitan Planning Organization (EMPO) Transportation Improvement Program (TIP) for 2013 – 2016. Mr. Newman stated that the only open project was the Canoe Creek Trail project (formerly Kimsey Lane); one remaining Riverfront project; and the Wathen Lane Bridge project. He recommended that the Wathen Lane Bridge project be delayed one year for the Engineering, Right-of-Way/Utilities and Construction to take place. He listed the items that the City plans to submit to the EMPO for inclusion to the 2013-2016 TIP. Staff will work with EMPO on the programming of project scheduling and prioritization. MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to approve the submission to the EMPO. 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: ___________________________ COMMISSIONER’S REPORT: COMMISSIONER MILLS stated that he thanked Commissioner Davis and Commissioner Pruitt for their time of service. COMMISSIONER HITE said that since this was her first term in office, she learned a lot from Commissioner Davis and Commissioner Pruitt and is grateful for their guidance. COMMISSIONER PRUITT stated that he and Commissioner Mills were really good friends, even if it did not seem like it sometimes. He asked members of his family to stand. He said “I thank God for allowing me to be the only African-American to be elected in the history of this whole city to be a three-term commissioner. I’m just waiting to see where God wants me to go next. Whether, in the next election, I will be running for this office or a county office or a state office, only God knows.” COMMISSIONER DAVIS added that he has some of the same sentiments that Commissioner Pruitt has. He thanked everyone for their words of encouragement. He said “I think that Henderson is a much better place because I have given it my time and effort.” “I don’t say that to be boastful but this is hard work.” ____________________________ REAPPOINTMENT: BOARD OF APPEALS (1% OR NET PROFITS TAX – CITY) SUSAN MORGAN – TERM TO EXPIRE 12/31/2018 MOTION by Commission Mills, seconded by Commissioner Pruitt, upon recommendation of Mayor Steve Austin, to reappoint Susan Morgan to a four-year term on the Board of Appeals (1% or Net Profits Tax – City. Term to expire December 31, 2018.  A Regular December 9, 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: __________________________ REAPPOINTMENT: CITY – COUNTY AIRPORT BOARD SCOTT MILLER – TERM TO EXPIRE 01/05/2019 MOTION by Commission Mills, seconded by Commissioner Pruitt, upon recommendation of Mayor Steve Austin, to reappoint Scott Miller to a four-year term on the City – County Airport Board. Term to expire January 5, 2019. 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: __________________________ REAPPOINTMENTS: WATER AND SEWER COMMISSION PAUL BIRD – TERM TO EXPIRE 01/12/2018 GARY JENNINGS, D.M.D. – TERM TO EXPIRE 01/12/2018 MOTION by Commission Hite, seconded by Commissioner Mills, upon recommendation of Mayor Steve Austin, to reappoint Paul Bird and Gary Jennings, D.M.D. to three-year terms on the Water and Sewer Commission. Terms to expire January 12, 2018. 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: __________________________ MAYOR AUSTIN presented Commissioner Davis and Commissioner Pruitt their name plaques amid a round of applause. _____________________________ EXECUTIVE SESSION: REAL PROPERTY MOTION by Commissioner Pruitt, seconded by Commissioner Hite, to go into Executive Session pursuant to provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property located in the area of Old Madisonville Road, Sand Lane, and Commonwealth Drive because publicity would likely affect the value of the property.  A Regular December 9, 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: _______________________________ 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: ______________________________ MEETING ADJOURN: MOTION by Commissioner Davis, seconded by Commissioner Pruitt, 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 ATTEST: January 13, 2015 __________________________ Carolyn Williams, City Clerk