Board of Commissioners Meetings

A Regular April 14, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 14, 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 Reverend Matt McCraw, Missional Minister of Outreach, First Baptist Church, followed by Mayor Austin 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 Mrs. Maree Collins, Acting 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 Mrs. Connie Galloway, Human Resources Director Ms. Brenda Wethington, Acting Mass Transit Director Mr. Mike Shockley, Communications Supervisor Mr. Jeff Gregory, Human Relations’ Commission Executive Director Ms. Tammy Willett, Community Development Specialist Mr. Curt Freese, Henderson City-County Planning Director Mr. Danny Froehlich, Fire Chief Mr. Leason Neel, HWU Chief Financial Officer Mr. Donna Crews and Mr. Greg Crews Mr. Jason Welch, Bus Operator, and wife, Denise Mr. Chris Hopgood, Dorsey Gray Norment & Hopgood Ms. Linda Ain Mr. John Coomes and wife, Patty Mr. Ray Nix Mr. Robert Pruitt Mr. Tom Davis Mr. Jeff Justice, Hafer and Associates, P.C. Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ RECOGNITION OF VISITORS: Donna and Greg Crews, 918 Constanza Court, stated that she was currently working with the Children’s Advocacy Center. An event is planned for April 23rd at 6:30 p.m. at Central Park Gazebo. This event is to engage communities and empowering victims: Justice for Blake Crews – Healing for All. She invited everyone to attend and candles will be lit to designate this date because it would have been Blake Crews’ 21st birthday. She passed out flyers to the Board. PROCLAMATION: “NATIONAL PUBLIC SAFETY TELECOMMUNICATORS”  A Regular April 14, 2015 MAYOR AUSTIN presented this proclamation designating April 12th – 18th as National Public Safety Telecommunicators week to Mr. Michael Shockley, 911 Communications Supervisor, and asked the public to honor the men and women whose diligence and professionalism keep our city and citizens safe. PROCLAMATION: “FAIR HOUSING MONTH” MAYOR AUSTIN presented this proclamation designating the month of April as “Fair Housing Month” to Mrs. Patty Coomes and urged all citizens to join him in reaffirming the obligation and commitment to fair housing opportunities for all. _______________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN expressed appreciation to Jason Welch, Bus Operator, for his years of dedication and loyalty to the City. ________________________________ CONSENT AGENDA: MAYOR AUSTIN asked the Acting City Clerk to read the item on the Consent Agenda. Minutes: March 24, 2015, Regular Meeting MOTION by Commissioner Mills, seconded by Commissioner Royster, to approve the item on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ ORDINANCE NO. 06-15: SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE FOR 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 Royster, seconded by Commissioner Hite, that the ordinance be adopted on second reading. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- 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.  A Regular April 14, 2015 /s/ Steve Austin Steve Austin, Mayor April 15, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 07-15: FIRST READING ORDINANCE AMENDING UTILITIES ORDINANCE AN ORDINANCE AMENDING CHAPTER 23, UTILITIES; BY ADDING NEW ARTICLE IX TELECOMMUNICATIONS, SECTIONS 23-167 THRU 23-206, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON BY CREATING AND ESTABLISHING FOR BID A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE FOR THE PLACEMENT OF FACILITIES FOR THE GENERATION, TRANSMISSION, DISTRIBUTION AND SALE OF TELECOMMUNICATIONS SERVICES WITHIN THE PUBLIC RIGHTS-OF-WAY OF HENDERSON, KENTUCKY FOR AN INITIAL TEN (10) YEAR PERIOD, WITH ADDITIONAL EXTENSIONS OF UP TO FIVE YEARS EACH; AND PROVIDING FOR COMPLIANCE WITH OTHER RELEVANT LAWS, REGULATIONS, STANDARDS, AND ORDINANCES; ESTABLISHMENT OF A FRANCHISE FEE BASED ON FIVE PERCENT (5%) OF GROSS REVENUES; WORK, MATERIALS AND CONSTRUCTION STANDARDS; WIRE MOVING AND TREE TRIMMING; PERFORMANCE BONDS; INDEMNIFICATION; INSURANCE; ACCESS TO PROPERTY AND INSPECTIONS; NOTICE OF FILINGS WITH THE PUBLIC SERVICE COMMISSION; NO VESTED RIGHTS; LIMITED ASSIGNMENT; NOTICE OF FORECLOSURE AND BANKRUPTCY; CANCELLATION OR TERMINATION; VIOLATIONS AND PENALTIES; PERMITTING AND INSPECTION FEES; ADDITIONAL PERMITTING AND OTHER REQUIREMENTS FOR SUBSTANTIAL NEW CONSTRUCTION; AND BID REQUIREMENTS; ALL EFFECTIVE ON DATE OF PASSAGE. MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the Ordinance establishing Article IX Telecommunications, Sections 23-167 thru 23-206 of Chapter 23 Utilities of the Code of Ordinances. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- 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. 08-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT 411 HARDING AVENUE MOTION by Commissioner Royster, seconded by Commissioner Mills, to accept public improvements for Lot #2 of Cornbleet & III C of KY at 411 Harding Avenue.  A Regular April 14, 2015 Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- 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. 40-15 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR THOMAS B. LOGAN FOR PROPERTY LOCATED AT 801 SOUTH MAIN STREET, HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution granting a property reassessment moratorium for Thomas B. Logan for property located at 801 South Main Street. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- 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: April 14, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 41-15 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, EFFECTIVE JULY 1, 2015 MOTION by Commissioner Royster, seconded by Commissioner Johnston, to adopt the resolution setting the fee schedule and rental rates for facility use at the John F. Kennedy Center effective July 1, 2015. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Nay: Mayor Austin ------------------------- Aye: A Regular April 14, 2015  A Regular April 14, 2015 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 April 14, 2015 ATTEST: Carolyn Williams, City Clerk ________________________________ RESOLUTION NO. 42-15 RESOLUTION APPROVING NEW ARCHITECTURAL SERVICES CONTRACT WITH HAFER ASSOCIATES, P.C. OF EVANSVILLE, INDIANA, FOR CITY’S PUBLIC SERVICES FACILITY, AND AUTHORIZING MAYOR TO EXECUTE CONTRACT ON BEHALF OF CITY MOTION by Commissioner Hite, seconded by Commissioner Mills, authorizing the execution of a new agreement with Hafer Associates P.C., Evansville, Indiana, for services related to the Public Services Facility. MR. WILLIAM L. NEWMAN, JR., ASSISTANT CITY MANAGER, introduced Mr. Jeff Justice with Hafer Associates, P.C. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- 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 April 14, 2015 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 43-15 RESOLUTION APPROVING INTERLOCAL AGREEMENT BETWEEN DAVIESS COUNTY FISCAL COURT AND THE CITY OF HENDERSON FOR SOLID WASTE DISPOSAL MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the execution of an Interlocal Agreement between the City of Henderson and Daviess County Fiscal Court for solid waste disposal. MR. TOM DAVIS asked if it was true that we would be transferring our construction and demolition (C & D) waste? Mayor Austin explained that it would not be an immediate closure but we are trying to prepare for when the landfill is full. Mayor Austin stated that going with Daviess County would also save money.  A Regular April 14, 2015 COMMISSIONER X R. ROYSTER asked how much tonnage would be hauled and why do we need to weigh every vehicle that comes in. He added that he had some questions regarding the contract. Commissioner Royster stated that last year’s tonnage was roughly 30,000 tons. What tonnage are we expecting to haul in the future? MR. WILLIAM L. NEWMAN explained that we do know what we collect city-wide by our own forces and that number is pretty consistent. We do not know what commercial haulers may bring to our transfer station. For example, Pea Ridge became our customer over the past year and they were acquired by Advanced Disposal and Advanced Disposal gave us notice around January 2015 that they would quit hauling to our transfer station and take their tonnage to their own landfill in Indiana. We also have Allied Waste that sometimes hauled waste into our transfer station and also going to Dozit in Union County. My question would be “are Allied tied in with Advance?” COMMISSIONER ROYSTER stated that knowing that Advance is pulling out and Advanced might; what will that do to our total tonnage? Mr. Newman told Daviess County that very thing and they appreciated our honesty and Daviess County agreed to less tonnage, if it happens that way. Mr. Newman explained how the “free tonnage” referred to in the contract came about. Commissioner Royster asked “ Why are we not bidding this out?” Mr. Newman explained that it was discussed with the City Attorney early on and it was decided that since it was an Interlocal Agreement; state statute allows that to occur without bidding it out. Commissioner Royster said that he understood that but “can you absolutely guarantee to the citizens that this is the best deal out there?” Mr. Sights replied “we can grantee that it is a lot better than the deal that we have had.” Mr. Sights continued “in 1962, it says in writing that the City does guarantee a minimum volume of solid waste, so there is no minimum required in this contract that we could be held to.” Commissioner Johnston asked Mr. Newman what the total savings vs. our past contracts be compared to last year. Mr. Newman stated that he did not have that with him but would get back to him with the information. Mayor Austin said that he thought it was around $200,000 savings the first year and around $400,000 savings every year thereafter. Commissioner Hite asked if those employees would still have a job. Mayor Austin assured her that those jobs would still be needed to weigh, etc. Commissioner Royster added that we will have a 30 year post-closure maintenance with the state. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Nay: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- 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 April 14, 2015 ATTEST: Carolyn Williams, City Clerk REPORT: REZONING #1049 – 6521 ADAMS LANE  A Regular April 14, 2015 The Planning Commission conducted a public hearing and made a recommendation at their meeting of April 7, 2015 on this rezoning request. No formal action is necessary unless a written request is received by the Planning Commission from either an aggrieved person or the Legislative Body on or before April 28, 2015 _________________________________ REPORT: RECOMMENDATION TO ACCEPT HENDERSON VISUAL PLAN The final draft of the proposed Henderson Vision Plan is presented for the Board’s approval. This Plan assembles numerous and varied ideas and information into a unified community-defined direction with a sense of focus to create a successful future for Henderson. The complete Plan document may be found at www.visionhenderson.org. MOTION by Commissioner Royster, seconded by Commissioner Hite, to approve the final Henderson Visual Plan. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ MR. ROBERT PRUITT stated that he and the Mayor attended a HMP&L meeting about a week ago. He asked their board how many people had defaulted on their utility bills from November to March and nobody on their board knew. Their consultant told them how much they needed to raise the utilities for the people of Henderson. Mr. Pruitt asked our Board to get the answers for that. He said that he was concerned about the salary paid to Henderson Power & Light’s General Manager. He is against the automatic increase. _________________________________ MR. RUSSELL R. SIGHTS, CITY MANAGER, stated “when the Board of Commissioners appoints a utility commission member and those five members make up the Utility Commission, the City has very little control, by state law, over that operation. You only have authority to do two things as it relates to Municipal Power and Light and that is to approve debt and past bonds and to set rates. The Board of Commissioners or the City Manager has no control over salaries, over the employment of personnel, on operations of any kind so don’t be under the impression that you do because state law prohibits that.” “I just wanted all Board members to know that.” Mr. Pruitt said that what he was saying was the commission could use some kind of pressure and leverage and if you guys have some concerns, and salaries are out of whack, then you can voice your concern to that board. Commissioner Royster asked Mr. Sights if Henderson Water Utility has a built in rate increase. Mr. Sights agreed that “they do, by ordinance.” __________________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, said that the Work Session is scheduled on April 21st. At that time, we will discuss the option that you have available to you to eliminate primary elections in a nonpartisan election which would mean there would only be a general election. He suggested that members of the public be allowed to speak on the primary issue. The other thing is “we had said that we were going to bring forward a discussion about whether the City continue to provide Civil Service Authority for our employees. The deeper we get into that, the more questions there are that could only be answered by an ordinance and I don’t know that we need to spend a lot of time working on that if there is not support to move forward. Obviously if the Board of Commissioners wants us to pursue this and answer questions about  A Regular April 14, 2015 that, we can do that. Short of that, if a majority of the Board is not interested in moving forward, from a staff point of view, I’m going to recommend that no more time be spent on that effort.” A consensus was to not go forward with the Civil Service issue. ____________________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS information, mark your calendar for May 9th. It’s our spring City Serve Day and we are going to go back to the East End area. Meet on the corner of Powell and Letcher Streets. _________________________________________ COMMISSIONER JOHNSTON thanked Mr. Davis and Mr. Pruitt for speaking today and bringing some light on certain issues. He told Mr. Pruitt that he would look more into his issue. _______________________________________ MAYOR AUSTIN noted that we have eight appointments coming up and look at those appointments and give me recommendations and he agreed to return his ideas. ______________________________________ MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Johnston. WITHOUT OBJECTION, the meeting adjourned at approximately 6:28 p.m. _______________________ Steve Austin, Mayor ATTEST: April 28, 2015 ___________________________ Carolyn Williams, City Clerk