Board of Commissioners Meetings

A Regular March 24, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 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 Brother David Salisbury, Henderson Church of Christ, followed by 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. Paul Titzer, Assistant Finance Director Mr. Trace Stevens, Parks & Recreation Director Mr. Curt Freese, Henderson City-County Planning Director Mr. Danny Froehlich, Fire Chief Mr. Leason Neel, HWU Chief Financial Officer Mrs. Maree Collins, Executive Assistant Mr. Dewayne Buchanan, Player’s Club Golf Course Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ MAYOR STEVE AUSTIN sent a “shout-out” to the Holy Name Troop #50 Scout Troop members who visited our meeting a few times in order to earn their Citizenship Badge. 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 ___________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Maree Collins, Executive Assistant, in the City Manager’s office, for her years of service and dedication to the City. ________________________________ PRESENTATION: OWENSBORO AREA SHELTER AND INFORMATION SERVICES BOARD (OASIS) Ms. Ruth Clum introduced Ms. Jill Faulkner, Executive Director, Ms. Phyllis Stone, Non-residential Counselor and Coordinator, Ms. Terri Brown, OASIS Board Member. Ms. Clum explained that OASIS is a residential shelter but it is not just a shelter for Owensboro. OASIS covers seven counties and also provide services for domestic abuse victims. In Henderson alone, OASIS has served 695 Henderson women in 2014 as well as 1,925 Henderson patients have used their out-patient services during the same time period.. She asked the Board to consider their application for funding. Mayor Austin explained that the City has a committee  A Regular March 24, 2015 to evaluate each application for funding. Ms. Jill Faulkner, Director of OASIS, stated that their services were offered free of charge to all of our clients so federal, state, and local funding is very important. __________________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: February 24, 2015, Regular Meeting March 5, 2015, Called Meeting MOTION by Commissioner Jan Hite, seconded by Commissioner Mills, to approve the items on the Consent Agenda. 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: SECOND 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 Royster, seconded by Commissioner Hite, to amend and adopt 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 24, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 04-15: SECOND 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  A Regular March 24, 2015 MOTION by Commissioner Johnston, seconded by Commissioner Mills, amending the Property Assessment Moratorium Ordinance by adding zoning districts where the moratorium applies. 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 24, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 05-15: SECOND 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 Hite, 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. 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 24, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 06-15: FIRST READING ORDINANCE AMENDING THE ZONING ORDINANCE OR THE CITY OF HENDERSON BY ADDING TO ARTICLE II, SECTION 2.01, DEFINITIONS, AND AMENDING ARTICLE XX, CBD, CENTRAL BUSINESS DISTRICT, SECTION 20.03 (D)(H) CONDITIONAL USES TO ADD CRAFT DISTILLERIES AND MICROBREWERIES MOTION by Commissioner Hite, seconded by Commissioner Royster, that the ordinance be adopted on first read.  A Regular March 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 Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioner. _____________________________________ RESOLUTION NO. 36-15 RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, UNDER THE FEDERAL HIGHWAY ADMINISTRATION (FHWA), SAFE ROUTES TO SCHOOL (SRTS) PROGRAM IN THE AMOUNT OF $212,972.00 FOR THE SAND LANE SIDEWALK PROJECT MOTION by Commissioner Hite, seconded by Commissioner Johnston, authorizing the Acceptance of grant funds under the Federal Highway Administration Safe Routes to School program through the Kentucky Transportation Cabinet for the Sand Lane sidewalk project in the amount of $212,972,00. MR. WILLIAM L. NEWMAN, ASSISTANT CITY MANAGER, explained that the proposed Sand Lane sidewalk project was broken down into two phases. The first phase (Phase A – Fairgrounds Lane to Woodland Drive, a distance of approximately 925 feet) was constructed utilizing CDBG funds. These SRTS funds will be used for the second phase (Phase B) which will pick up at Woodland Drive and end at the South Heights Elementary School at Madison Street, a distance of approximately 1770 feet. 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 ATTEST: March 24, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 37-15 RESOLUTION SETTING FEES AND RENTAL RATES FOR MUNICIPAL GOLF COURSE; AS AUTHORIZED BY CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY, BEGINNING ON APRIL 1, 2015  A Regular March 24, 2015 MOTION by Commissioner Royster, seconded by Commissioner Mills, to adopt the resolution setting the fees and rental rates which will begin on April 1, 2015, for the Municipal Golf Course. MR. TRACE STEVENS, PARKS AND RECREATION DIRECTOR, explained his proposals for changes in Chapter 17 of the Code of Ordinances. He suggested that removal of the five day senior annual membership that would allow a player over the age of 60 to unlimited rounds Monday through Friday. Secondly, he proposed the removal of the five day youth annual membership that allows a player under the age of 17 to play unlimited rounds Monday through Friday. The third suggestion is the addition of a corporate rate that would allow for five annual memberships to be sold to individuals working for the same employer paid at the same time. The rate would offer the individuals a discounted rate of $220 per individual. This rate would equate to a discount of 10%. The fourth proposal is for the creation of a cart storage fee. With the upcoming construction of an additional storage shed at the course, there will be room to store member’s carts for a fee of $200 per year. The fifth suggestion is for the creation of an annual cart rental fee of $450. Lastly, a proposal to allow for temporary discounts that can be applied for marketing purposes and in response to course conditions, such as the day after aeration of the greens, if holes are closed due to weather or pesticide treatments, or if the course reopens after morning weather conditions caused delayed openings. 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 March 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 38-15 RESOLUTION AWARDING BIDS FOR PURCHASE OF POLICE UNIFORMS AND ACCESSORIES TO GALLS, OF LEXINGTON, KENTUCKY, IN THE AMOUNT OF $26,800.70 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. MOTION by Commissioner Hite, seconded by Commissioner Mills, authorizing the award of a contract for police uniforms and accessories to Galls, Lexington, Kentucky, in accordance with their low bid price of $26,800.70.  A Regular March 24, 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 resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor March 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 39-15 RESOLUTION AWARDING BID FOR PURCHASE OF SIX (6) POLICE PATROL/PURSUIT VEHICLES TO GLENN’S FREEDOM DODGE, LEXINGTON, KENTUCKY, AND ONE (1) 4-DOOR SEDAN TO TOWN AND COUNTRY FORD, EVANSVILLE, INDIANA, IN THE TOTAL AMOUNT OF $173,995.00 MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the purchase of six 2015 four-door Police Patrol/Pursuit vehicles from Glenn’s Freedom Dodge, Lexington, Kentucky, and one 2015 four-door sedan vehicle from Town and Country Ford, Evansville, Indiana, in the total amount of $173,995.00. MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that the Board had authorized four police/pursuit cruisers in the budget and an unmarked sedan. Since that time we have had three accidents involving loss of vehicles and he proposed that two of the three units be replaced this year and the third one next year. 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 March 24, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, said “we are back on schedule with a Board of Commissioner’s meeting on April 14th and a work session on April 21st. Two items on the work session will be a discussion of the city election primary and you now have the option to continue to have election primaries or to eliminate them. The second discussion will be “you have an option now of eliminating civil service for new employees; that’s now in the statute.”  A Regular March 24, 2015 COMMISSIONER’S REPORTS: COMMISSIONER ROBERT M. MILLS thanked Maree Collins for all of the help she has given him over his years of serving as a Commissioner. MAYOR AUSTIN noted the various crew members who have worked removing snow from our streets, fixing potholes, and garbage collections in some of our worst weather. _______________________________ APPOINTMENT: CITY-COUNTY AIRPORT BOARD: DAVID PILLER (RESIGNED) STEVE BENNETT TO FILL UNEXPIRED TERM ENDING JANUARY 5, 2017 MOTION by Commissioner Hite, seconded by Commissioner Johnston, upon recommendation of Mayor Steve Austin, to appoint Steve Bennett to fill an unexpired term of David Piller; a four-year term on the City-County Airport Board. Said Term to expire January 5, 2017. 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: ______________________________ REAPPOINTMENTS: CITY UTILITY COMMISSION LIN SHANNON AND JENNIFER HOWELL – TERMS TO EXPIRE APRIL 24, 2018 MOTION by Commissioner Mills, seconded by Commissioner Johnston, and upon recommendation of Mayor Steve Austin, to reappoint Lin Shannon and Jennifer Howell to three- year terms on the City Utility Commission 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 Mills, to adjourn the meeting. WITHOUT OBJECTION, Mayor Austin declared the meeting adjourned. ___________________________ Steve Austin, Mayor ATTEST: April 14, 2015 ____________________________ Carolyn Williams, City Clerk