Board of Commissioners Meetings

A Regular February 24, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 24, 2015, 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 Dr. Chuck Summers, First Christian Church, followed by members of Boy Scouts, in Holy Name Troop #50, (names listed below) in leading the assemblage in recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner X R. Royster, III Commissioner Robert M. (Robby) Mills Commissioner Jesse Johnston, IV 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 Mr. Charles H. (Chip) Stauffer, Police Chief Mr. David Piller, Police Administrative Major Mr. Robert Mindrup, Fire Driver-Engineer Mr. Neil Tichenor, Fire Lieutenant Mr. Marvin Hancock, Assistant Fire Chief Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Mrs. Connie Galloway, Human Resources Director Mr. Dylan Ward, Engineering Assistant Mr. Tom Williams, HWU General Manager Mrs. Teresia Johnston Mr. Harlan Scott and son Mr. DeWayne Buckman, Player’s Club Golf Course Mr. Shane Holland, Holy Name Troop #50 Leader Mr. Isaac Holland, Holy Name Troop #50 Scout Mr. Cole Parrish, Holy Name Troop #50 Scout Mr. Andrew Galbraith, Holy Name Troop #50 Scout Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Robert Mindrup, Fire Driver/Engineer, for his years of service and dedication to the City. ________________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN thanked Neil Tichenor, Fire Lieutenant, for his years of service and dedication to the City.  A Regular February 24, 2015 PRESENTATION: KYTC Six Year Plan Projects – New State Projects Listings MR. WILLIAM L. NEWMAN, JR., ASSISTANT CITY MANAGER, explained that the Evansville Metropolitan Planning Organization (EMPO), our transportation planning organization, has started the process of planning new projects and prioritizing all state projects for possible inclusion in the Kentucky Transportation Cabinet Unscheduled List (Unfunded Projects) Six Year Plan for the Henderson Study Area. ________________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: January 27, 2015, Regular Meeting February 17, 2015, Called Meeting February 17, 2015, Work Session February 20, 2015, Called Meeting Resolution No. 30-15: Resolution Authorizing the Submission of Grant Application to Transportation Cabinet, Kentucky Office of Highway Safety, in the Amount of $29,070 for the Police Department, and Acceptance of Grant if Awarded. MOTION by Commissioner Royster, seconded by Commissioner Mills, to approve the items on the Consent Agenda. MR. WILLIAM L. NEWMAN, JR., ASSISTANT CITY MANAGER, explained that if a Board member wanted to add a particular project to this grant application, please let him know as soon as possible. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ ORDINANCE NO. 03-15: FIRST READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENDING JULY 1, 2014 AND ENDING JUNE 30, 2015, FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Hite, to amend the Budget and Appropriation ordinance for the fiscal year ending June 30, 2015. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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 February 24, 2015 ORDINANCE NO. 04-15: FIRST READING ORDINANCE AMENDING PROPERTY ASSESSMENT MORATORIUM IN SECTION 21-91 OF THE CODE OF ORDINANCE TO INCLUDE THREE (3) ADDITIONAL ZONING DISTRICTS; AUDUBON COMMERCIAL DISTRICT (ACD), GATEWAY ZONE DISTRICT #1(GZD#1), AND HENDERSON INNOVATIVE PLANNING (HIP) DISTRICT AS ELIGIBLE FOR MORATORIUMS MOTION by Commissioner Mills, seconded by Commissioner Johnston, amending the Property Assessment Moratorium Ordinance by adding zoning districts where the moratorium applies. MR. RUSSELL R. SIGHTS, CITY MANAGER, explained that when those three new zones were added to the Zoning Ordinance, we did not take any action to provide for Assessment Moratoriums in those new zones. He continued by saying that we do have an application pending for a tax moratorium in the HIP zone. Commissioner Johnston asked Mr. Sights to explain what the Tax Moratorium was? Mr. Sights stated “ a tax moratorium applies to any improvements made by an owner to a building that is more than 25 years old and allows them to have a five-year tax abatement on the improvements. Then, after the five-years, the property goes on the tax rolls. This encourages owners to rehabilitate their property and it also will enhance the zones that we have created for new development or renewed development to take place.” “We do have a great working relationship with the Property Valuation Administrator. He is responsive to go out and perform new assessments just prior to us bringing it to you, so we will have the benchmark to establish what it is now compared to what the property owner says it is going to be in the future.” The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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. 05-15: FIRST READING ORDINANCE AMENDING SEC. 4-15, HOURS OF SALE AND DELIVERY; SUNDAY SALES IN QUALIFIED ESTABLISHMENTS OF ARTICLE I. IN GENERAL, OF CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Johnston, seconded by Commissioner Royster, amending Section 4-15 Hours of Sale and Delivery, Sunday Sales in Qualified Establishments of Chapter 4, Alcoholic Beverages, Article I, In General of the City’s Code of Ordinances. MRS. DAWN KELSEY, CITY ATTORNEY, explained that this ordinance would make three changes to the Code of Ordinances. Changes that were requested during the January 27, 2015, regular Board meeting included changing the permitted hours from 1:00 p.m. to 12:00 p.m. and changing the seating capacity from 100 to 50, and the manager of the Players’ Club asked that golf courses be included as eligible locations. COMMISSIONER JAN HITE reiterated that the 50 minimum seating capacity was to mirror the new state law. Mrs. Kelsey agreed. MR. DAVID PILLER, POLICE ADMINISTRATIVE MAJOR, explained that he had surveyed the restaurants that currently have ABC sales. He said “We currently have 18  A Regular February 24, 2015 restaurants, that’s down by two, because one restaurant went out of business and the other gave their license up. Of those restaurants that do currently have Sunday sales, one is still in transition, nine restaurants can and do serve alcohol on Sundays; one does not have Sunday sales but is considering adding it and supports the changes and they have requested the hours be rolled back to 10 a.m.. Five are not interested in adding Sunday sales, two others are not interested in adding Sunday sales but did want to express their support of a change in hours.” The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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. 31-15 RESOLUTION APPROVING THE PURCHASE OF A TRACT OF LAND BY THE CITY-COUNTY AIRPORT FOR THE PURCHASE PRICE OF $25,000, AND AUTHORIZING MAYOR TO EXECUTE DEED FOR PURCHASE ON BEHALF OF THE CITY MOTION by Commissioner Hite, seconded by Commissioner Mills, authorizing the joint purchase with Henderson County of land to be managed by the Henderson City-County Air Board. The purchase consists of a tract of land adjacent to the airport, located at 2762 Highway 136 West. The vote was called. On roll call, the vote stood: Commissioner Hite ------------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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 February 24, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 32-15 RESOLUTION AWARDING CONTRACT FOR ASPHALT PAVEMENT MILLING SERVICES TO CHARBON CONTRACTING LLC OF MADISONVILLE, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract to Charbon Contracting LLC, Madisonville, Kentucky, to provide asphalt pavement milling services for various city projects.  A Regular February 24, 2015 MR. DYLAN WARD, ENGINEERING ASSISTANT, explained “ this year we decided to try something new so we determined to bid the City’s milling work separate from the paving contracts hoping to attract additional bidders and get a lower and more competitive price.” The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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 February 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 33-15 RESOLUTION AWARDING BIDS FOR MOWING OF CITY PARKS AND OTHER PROPERTIES TO KNIGHT LANDSCAPING LLC AND M&M LAWNCARE OF HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of contracts for mowing and trimming services to Knight’s Landscaping, LLC, and M&M Lawncare, both of Henderson, Kentucky, in accordance with their low bids. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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 February 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 34-15 RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY LOCATED AT 1730, 1732, AND 1734 ROOSEVELT STREET; AND AWARDING BID TO THE BRAE, LLC FOR PURCHASE OF THE PROPERTIES FOR THE SUM OF $1,700; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS NECESSARY TO COMPLETE SALE MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the sale of property located at 1730, 1732, and 1734 to BRAE, LLC in the amount of $1,700.00.  A Regular February 24, 2015 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- 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 February 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, said “I have only one item and that is that two members are going to be out of town on City business on the next scheduled meeting on March 10th. Three Board members can hold a meeting because that is a quorum but I wanted to ask the Board if there was any inclination to cancel that meeting since two members will be gone?” MOTION by Commissioner Hite, seconded by Commissioner Mills, to cancel the March 10, 2015, meeting The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Mayor Austin ------------------------- Aye: _______________________________ MAYOR STEVE AUSTIN thanked all of the Public Works employees for their hard work on snow removal. ___________________________ REAPPOINTMENT: BOARD OF ZONING ADJUSTMENT – CITY ROB TOERNE – TERM TO EXPIRE FEBRUARY 24, 2019 MOTION by Commissioner Mills, seconded by Commissioner Royster, upon recommendation of Mayor Steve Austin, to reappoint Rob Toerne to a four-year term on the Board of Zoning Adjustment – City. Said Term to expire February 24, 2019 The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Mayor Austin ------------------------- Aye:  A Regular February 24, 2015 EXECUTIVE SESSION: LITIGATION AND REAL PROPERTY MOTION by Commissioner Hite, seconded by Commissioner Johnston, pursuant to provisions of KRS 61.810(1)(c) for discussions of proposed or pending litigation against or on behalf of the public agency as well as pursuant to provisions of KRS 61.810(1)(b) for deliberations of the future acquisition or sale of real property located in the area of Old Madisonville Road and Commonwealth Drive. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Hite, the Board of Commissioners reconvene in open session. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------- Aye: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Mayor Austin ------------------------- Aye: _________________________________ MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Hite, to adjourn the meeting. WITHOUT OBJECTION, Mayor Austin declared the meeting adjourned. ___________________________ Steve Austin, Mayor March 24, 2015 ATTEST: ____________________________ Carolyn Williams, City Clerk