Board of Commissioners Meetings

A Regular May 12, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 12, 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 Orbley Ramsey, Lawndale 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 Ms. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Mr. Danny Froehlich, Fire Chief Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Tom Williams, HWU General Manager Ms. Tammy Willett, Community Development Specialist Mr. David Piller, Police Major Mr. Terry Harmon, 911 Communication Committee. Henderson County Sheriff’s Office Mr. Glenn Powell, 911 Communication Committee, Henderson County Fire Chief Association Mr. Brent Jacobs, 911 Communication Committee, Henderson County IT Manager Mr. Mike Shockley, 911 Communication Committee, Henderson 911 Supervisor Mr. Gary Quick, HMP&L General Manager Mrs. Tammy Konsler, Administrative Assistant, HMP&L Mr. Randall Redding, HMP&L Attorney Mr. Gary Bell, HMP&L Board Chairman Ms. Beth Strawn, Downtown Henderson Partnership Organization Director Ms. Lindsey Newman, Henderson Leadership Initiative Mr. Tom Davis, 603 Cherry Street Mr. Ron Jenkins, 34 South Alves Street Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ INVOCATION was given Reverend Orbley Ramsey, Lawndale Baptist Church, followed by Mayor Steve Austin leading the assemblage in recitation of the Pledge of Alliance to our American Flag. __________________________ PRESENTATION: Downtown Henderson Partnership (DHP) Annual Update MS. BETH STRAWN, DHP Director, explained that DHP was proud to be a part of the National and State Main Street Organizations that have proven to be an economic engine that creates jobs as well as tax revenues.  A Regular May 12, 2015 APPROVAL OF CONSENT AGENDA:: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: April 28, 2015, Regular Meeting Resolution No. 47-15: Resolution authorizing the submission of the 2015-2019 CDBG CONSOLIDATED PLAN – 2015 ACTION PLAN to the United States Department of Housing and Urban Development MOTION by Commissioner Royster, seconded by Commissioner Hite, to approve the items 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. 09-15: SECOND READING ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES SUMMARY: AN ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF ELECTRIC RATES AND SERVICES FOR HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON OR AFTER JULY 1, 2015; INCREASING RATES FOR SERVICES AND FEES BY AN AMOUNT EQUAL TO 5% OF THE CURRENT SCHEDULE FOR RATES AND SERVICES ON JULY 1, 2015, NOVEMBER 1, 2015, MAY 1, 2016, AND NOVEMBER 1, 2016, AND BEGINNING JANUARY 1, 2017, IMPLEMENTATION OF AN AUTOMATIC ANNUAL RATE INCREASE, INCLUDING THE ADOPTION OF A NEW CONSUMER PRICE INDEX (CPI) ESCALATION RATE SCHEDULE TO DEFINE ENERGY RELATED RATE INCREASES AND SERVICE FEE INCREASES; AND REVISING THE EXISTING FUEL ADJUSTMENT CLAUSE RATE SCHEDULE; AND ESTABLISHING A NEW RENEWABLE DISTRIBUTED GENERATION INTERCONNECTION RATE SCHEDULE; A REVISION TO EXISTING ADDITIONAL CUSTOMER SERVICE RATE SCHEDULE; AND ADOPTING THE MISCELLANEOUS RATE SCHEDULE FOR DISCONNECT/RECONNECT FEES AND TAMPER FEES. MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the final reading of an ordinance approving and adopting schedules of electric rates and services for consumption on and after July 1, 2015. This is a phased implementation of rate increases for all services provided to all customers and consumers.  A Regular May 12, 2015 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 Ordinance be adopted. /s/ Steve Austin Steve Austin, Mayor May 12, 2015 ATTEST: ___________________________ Carolyn Williams ___________________________ ORDINANCE NO. 10-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS SUMMARY: ORDINANCE ACCEPTING PUBLIC RIGHT-OF-WAY DEDICATION AND PUBLIC IMPROVEMENTS IN WOODRING FRYER SUBDIVISION, CONSISTING OF THE FRANKLIN AVENUE STREET EXTENSION MOTION by Commissioner Mills, seconded by Commissioner Johnston IV, to adopt the Ordinance on first reading. MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that when “Mr. R. Michael Royster bought this property and improved the street, it did not meet city standards according to subdivision regulations but it now does and has been certified for approval by the City Engineering staff so we recommend that the ordinance be approved.” 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. 11-15: FIRST READING ORDINANCE ADOPTING UPDATED GOALS AND OBJECTIVES SUMMARY: ORDINANCE ADOPTING UPDATED GOALS AND OBJECTIVES OF THE HENDERSON-HENDERSON COUNTY COMPREHENSIVE PLAN MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the Ordinance on first reading.  A Regular May 12, 2015 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. 12-15: FIRST 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 Hite, seconded by Commissioner Royster, to adopt the Ordinance on first 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ______________________________ RESOLUTION NO. 48-15 RESOLUTION APPROVING GRANT OF EASEMENTS TO CITY OF HENDERSON FOR THE BENEFIT OF HENDERSON WATER UTILITY BY VECTREN ENERGY DELIVERY OF INDIANA, INC. (“VEDI”), AND AUTHORIZING MAYOR TO EXECUTE SAME ON BEHALF OF CITY MOTION by Commissioner Royster, seconded by Commissioner Mills, to adopt the resolution authorizing the Mayor to execute deed of easements with Vectren Energy Delivery of Indiana, Inc. for the purpose of installation and maintenance of sanitary sewer gravity main lines. 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: May 12, 2015 Carolyn Williams, City Clerk  A Regular May 12, 2015 RESOLUTION NO. 49-15 RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION AND ACCEPTANCE IF AWARDED TO THE DEPARTMENT FOR LOCAL GOVERNMENT UNDER THE LAND AND WATER CONSERVATION FUND ACT OR 1965 IN THE AMOUNT OF $80,700 TO ACQUIRE, DEVELOP AND/OR RENOVATE RECREATIONAL RESOURCES MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the submittal of a grant application, and acceptance if awarded, to the Kentucky Department for Local Government for funding under the Land and Water Conservation Fund (LWCF) to acquire, develop and/or renovate recreational resources. MR. WILLIAM L. NEWMAN, ASSISTANT CITY MANAGER, introduced Ms. Lindsey Newman (no relation) who said that she was part of Henderson Leadership Initiative and she was interested in an all-accessible playground. Mr. Newman explained that in February 2013, the City applied for funding to establish the East End Park. Subsequently the City was notified the grant was approved; however, we received notification that an environmental study would need to be done prior to utilizing the LWCF funding. An environmental study was cost prohibited so a request was made to allow the acquisition of two new Gametime modular handicap-accessible play structures to be located in Newman and Central Parks. These funds, when coupled with the requisite 1:1 match of $40,350 will provide the $80,700 toward the total project cost of approximately $98,834.39. The remainder of funding will come from cash donations and in-kind services. Ms. Lindsey Newman stated that she was a part of approximately 5 other people who were interested in the educational-handicapped student background in our big project for Henderson Leadership Initiative. We decided that we would like to have a holistic development playground that all children, no matter that they were in a wheelchair or any handicapped person could play on. Their group developed a plan for the playgrounds and now, all they need is help from our Board of Commissioners. 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: May 12, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 50-15 RESOLUTION AWARDING BIDS FOR PURCHASE OF POLICE VEHICLE EQUIPMENT FROM THE FOLLOWING: L&W EQUIPMENT, LAWRENCEBURG, KY ON-DUTY DEPOT, OWENSBORO, KY; AND GALLS, LEXINGTON, KY IN THE TOTAL AMOUNT OF 41,554.60 MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of bids for police vehicle equipment to L & W Equipment,  A Regular May 12, 2015 Lawrenceburg, Kentucky; On-Duty Depot, Owensboro, Kentucky; and Galls of Lexington, Lexington, Kentucky, in the total amount of $41,554.60 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: May 12, 2015 Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 51-15 RESOLUTION AWARDING BID FOR THE PURCHASE AND INSTALLATION OF SKATE PARK EQUIPMENT FROM AMERICAN RAMP COMPANY, INC., OF JOPLIN, MISSOURI, IN THE AMOUNT OF $50,000 MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the award of a contract to American Ramp Company, Joplin, Missouri, for a concrete skate park with full installation in the amount of $50,000. 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: May 12, 2015 Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 52-15 RESOLUTION ACCEPTING AND APPROVING COMMUNICATIONS SYSTEM AGREEMENT WITH MOTOROLA SOLUTIONS, INC. (MOTOROLA) FOR THE 911 SYSTEM, AND AUTHORIZING MAYOR TO EXECUTE CONTRACT ON BEHALF OF CITY MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of an Agreement with Motorola Solutions, Inc. for the purchase and installation of a new 911 system.  A Regular May 12, 2015 MR. NEWMAN recognized the Technical Committee consisting of Charles Stauffer, Police Chief, Danny Froehlich, Fire Chief, Terry Harmon, Henderson County Sheriff Department, Glenn Powell, Henderson County Fire Chief Association, Brent Jacobs, Henderson County IT Manager, Mike Shockley, 911 Supervisor, David Piller, Henderson Police Major, as well as Mr. Newman. MR. MIKE SHOCKLEY, 911 SUPERVISOR, introduced Mr. Justin Dulgar, Motorola representative and indicated that Mr. Dulgar has worked with the committee all along the way. MR. SIGHTS said that “tonight, I really think that when this vote takes place, we’ll be making history at the City of Henderson. We have tried, at times, to try to stay up to date with state of the art equipment. I remember when we were able to install the “location identification system” where we could tell where the address and where the phone call was coming from. That was new modern equipment at the time but time has gone by and we are not as modern as we need to be so I think we are making history tonight. I’m also pleased that we are having a recommendation to contract with Motorola. For those who know anything historically about the communication equipment, Motorola continues today to have a reputation of being the best in the industry and they have been that way for the last 50 years if not longer. We are pleased that Motorola is going to get this contract and look for excellent service from them over the next 10 years with the contract approval the way it is and I wanted to make that a matter of record.” 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: May 12, 2015 Carolyn Williams, City Clerk ____________________________ CITY MANAGER’S REPORT: MR. SIGHTS thanked Mr. Gunter and his staff for getting the draft budget ready. We will meet Tuesday, May 19th at 4 p.m. to review the budget. He reminded everyone that the River Run would take place this weekend and for the first time, it will begin in Evansville and end in Henderson. COMMISSIONER’S REPORTS: COMMISSIONER ROYSTER stated that he would like to get a copy of all capital items that were submitted. COMMISSIONER MILLS added that tonight might be making history with regard to our parks. COMMISSIONER JOHNSTON agreed that improvements to our parks is a healthy thing. COMMISSIONER HITE echoed Commissioners Mills and Johnston’s  A Regular May 12, 2015 recognition of all of the good things going on in the parks. MAYOR AUSTIN remembered that Operation Community Pride had kept Christmas in the Park going for many years. Breakfast Lions took it last year and realized that they did not have the numbers to handle it by themselves but they still wanted to be a part of Christmas in the Park so any community organization who might want to help, please give us a call. _______________________________ REAPPOINTMENT: CIVIL SERVICE COMMISSION MOTION by Commissioner Mills, seconded by Commissioner Royster, upon recommendation of Mayor Austin, to reappoint Ms. Gian Miller (republican) and Ms. Susan Sauls (democrat) to a three-year term. Said terms to expire June 1, 2018. 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: _______________________________ REAPPOINTMENT: BOARD OF APPEALS (HOUSING & BUILDING) MOTION by Commissioner Mills, seconded by Commissioner Johnston IV, upon recommendation of Mayor Austin, to reappoint Hugh Stone and J. Tim Skinner to a four-year term. Said terms to expire June 22, 2019. 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: ___________________________________ REAPPOINTMENT: CITY-COUNTY PLANNING COMMISSION MOTION by Commissioner Mills, seconded by Commissioner Royster, upon recommendation of Mayor Austin, to reappoint Kevin Richard to a four-year term. Said term to expire June 1, 2019. 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: _________________________________ APPOINTMENT: CITY-COUNTY PLANNING COMMISSION MOTION by Commissioner Mills, seconded by Commissioner Royster, upon recommendation of Mayor Austin, to appoint Herb McKee to a four-year term. Said term to expire June 1, 2019.  A Regular May 12, 2015 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: ____________________________________ REAPPOINTMENT: CITY-COUNTY HUMAN RIGHTS COMMISSION MOTION by Commissioner Royster, seconded by Commissioner Hite, upon recommendation of Mayor Austin, to reappoint Reverend Charles Johnson to a three-year term. Said term to expire June 30, 2018. 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: ____________________________________ APPOINTMENT: CITY-COUNTY HUMAN RIGHTS COMMISSION MOTION by Commissioner Hite, seconded by Commissioner Johnston, upon recommendation of Mayor Austin, to appoint Vanita Harvey to a three-year term. Said term to expire June 30, 2018. 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: ___________________________________ EXECUTIVE SESSION: REAL PROPERTY MOTION by Commissioner Royster, seconded by Commissioner Mills, pursuant to the provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale or real property around Borax Drive and Hwy. 60. 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: ___________________________ MEETING RECONVENE: MOTION by Commissioner Royster, seconded by Commissioner Johnston, the Board of Commissioners reconvened in regular session.  A Regular May 12, 2015 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: ___________________________ MEETING ADJOURN: MOTION by Commissioner Hite, seconded by Commissioner Johnston, the meeting adjourned. 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: _______________________ Steve Austin, Mayor ATTEST: May 26, 2015 ___________________________ Carolyn Williams, City Clerk