Board of Commissioners Meetings

A Regular June 9, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 9, 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 Mary Wrye, Chaplain, Methodist Hospital, 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 Mrs. Connie Galloway, Human Resources Director Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Mr. Danny Froehlich, Fire Chief Mr. Charles H. Stauffer, Police Chief Mr. Owen Reeves, Gas System Director Mr. Leason Neel, HWU Chief Financial Officer Mr. Tom Williams, HWU General Manager Mr. Brian Bishop, Assistant Executive Director City-County Planning Commission Ms. Christiana Groves, ISO, CRS Senior Specialist Mr. Benji Marrs, Benefits Insurance Marketing Ms. Lori Nichols, Benefits Insurance Marketing Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PUBLIC HEARING: Municipal Aid Funds and Local Government Economic Assistance Funds MAYOR AUSTIN declared the Public Hearing on Municipal Aid funding and Local Government Economic Assistance funding opened. He asked if any member of the public would like to speak on the way the City spends this money from either of these funds. No citizen came forward to speak and Mayor Austin closed the Public Hearing at 5:32 p.m. __________________________ APPROVAL OF CONSENT AGENDA:: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: May 26, 2015, Regular Meeting MOTION by Commissioner Royster, seconded by Commissioner Hite, to approve the items on the Consent Agenda.  A Regular June 9, 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: _____________________________ MAYOR AUSTIN asked that Resolution No. 61-15 be moved up on the agenda to accommodate our guests that will be returning to Lexington tonight. RESOLUTION NO. 61-15 RESOLUTION AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S STOP/LOSS COVERAGE (REINSURANCE) AND ORGAN TRANSPLANT POLICY MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the renewal of stop/loss insurance coverage and organ transplant coverage for the upcoming program year for the City’s Health Benefits Plan. MR. RUSSELL R. SIGHTS, CITY MANAGER, introduced Mr. Benji Marrs, and Ms. Lori Nichols, Benefits Insurance Marketing, who worked in concert with UMR (City’s Health Benefits Plan) to conduct a search for the most cost effective rate from a stop-loss carrier. This resolution awards the stop lose through Sun Life with a specific deductable of $175,000 and aggregating specific of $90,000 and renewal of the Optum organ transplant rider. The $150,000 premium decrease would offset the possible $65,000 in estimated additional risk. 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: June 9, 2015 Carolyn Williams, City Clerk ______________________________ MAYOR AUSTIN asked that the HWU Budget be moved up to help some people with a scheduling problem. ORDINANCE NO. 15-15: SECOND READING ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET ORDINANCE ADOPTING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENDING JULY 1, 2015, AND ENDING JUNE 30, 2016, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Royster, seconded by Commissioner Mills, that the Ordinance be adopted.  A Regular June 9, 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 same be recorded. /s/ Steve Austin Steve Austin, Mayor June 9, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 13-15: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN GRAY STONE SUBDIVISION – SECTION 5-A AND 5-B, CONSISTING OF STREETS, CURBS AND GUTTERS MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. 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. /s/ Steve Austin Steve Austin, Mayor June 9, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 14-15: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN STERLING CREEK SUBDIVISION, CONSISTING OF STREETS, CURBS, GUTTERS AND SIDEWALKS  A Regular June 9, 2015 MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. 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. /s/ Steve Austin Steve Austin, Mayor June 9, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 16-15: SECOND READING ORDINANCE AUTHORIZING AND DIRECTING THE REBATE OF ONE PERCENT (1%) OF THE WAGES, SALARIES OR OTHER COMPENSATION PAID BY DANA COMMERCIAL MANUFACTURING, LLC, IMPOSED AND LEVIED AS OCCUPATIONAL LICENSE FEES DUE AND PAYABLE TO THE CITY OF HENDERSON, KENTUCKY, BY ORDINANCE, FROM THE SALARIES, WAGES AND OTHER COMPENSATION TO BE PAID TO NEW EMPLOYEES HIRED OVER THE BASELINE BY DANA COMMERCIAL MANUFACTURING, LLC, PROVIDED SAID COMPANY MEETS THE CRITERIA SET FORTH IN ITS APPLICATION FOR INCENTIVES UNDER THE KENTUCKY BUSINESS INVESTMENT PROGRAM MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. 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. /s/ Steve Austin Steve Austin, Mayor June 9, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 17-15: SECOND READING ORDINANCE AMENDING EMPLOYEE MANUAL REGARDING INFORMATION AND COMMUNICATIONS MANAGEMENT POLICY  A Regular June 9, 2015 ORDINANCE AMENDING ARTICLE 320-INFORMATION AND COMMUNICATIONS MANAGEMENT POLICY, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON MOTION by Commissioner Hite, seconded by Commissioner Johnston, that the Ordinance be adopted. 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. /s/ Steve Austin Steve Austin, Mayor June 9, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 18-15: FIRST READING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2015, AND ENDING JUNE 30, 2016, FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. MR. SIGHTS stated that Mr. Gunter, Finance Director, has listed all of the changes made in the budget. He thanked the Board for supporting the recommendations that have been made in the budget and for adopting this Ordinance. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE 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 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 June 9, 2015 ORDINANCE NO. 19-15: FIRST READING ORDINANCE AMENDING PAY PLAN ORDINANCE APPROVING AMENDMENT TO PAY PLAN PROVIDING FOR ONE PERCENT (1%) INCREASE FOR EMPLOYEES EFFECTIVE JULY 1, 2015 MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. MR. SIGHTS explained that the Kentucky Department of Local Government every year in February issues the cost of living maximum amount for elected officials. Because the amount is less than one percent, he recommended to the Board that the Cost of Living Adjustment (COLA) for city employees be set at one percent. 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. 20-15: FIRST READING ORDINANCE AMENDING EMPLOYEE MANUAL REGARDING INFORMATION TECHNOLOGY DIRECTOR AND PUBLIC INFORMATION SPECIALIST POSITIONS ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE OF THE CITY OF HENDERSON, BY EXEMPTING INFORMATION TECHNOLOGY DIRECTOR AND PUBLIC INFORMATION SPECIALIST POSITIONS FROM CIVIL SERVICE STATUS MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE 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 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 June 9, 2015 ORDINANCE NO. 21-15: FIRST READING ORDINANCE AMENDING ADMINISTRATIVE DEPARTMENTS ENUMERATED ORDINANCE AMENDING SEC. 2-65, ADMINISTRATIVE DEPARTMENTS ENUMERATED, OF ARTICLE IV, DEPARTMENT AND OFFICES, IN CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE 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 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. 59-15 NATIONAL FLOOD INSURANCE PROGRAM’S COMMUNITY RATING SYSTEM RESOLUTION ADOPTING REPETITIVE LOSS AREA ANALYSIS REPORTS FOR REPETITIVE LOSS AREAS 1, 2, AND 3 IN THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the resolution authorizing the adoption of Repetitive Loss Area Analysis Reports for Repetitive Loss Areas 1, 2, and 3 in the City of Henderson. Mr. Brian Bishop, Assistant Executive Director, City-County Planning Commission, introduced Ms. Christiana Groves, Insurance Services Office (ISO) and Senior CRS (Community Rating System), who was a great help with this endeavor. The CRS is a voluntary program of the National Flood Insurance Program (NFIP) designed to reward a community for doing more than meeting the NFIP minimum requirements to reduce flood damages. The reward for these activities comes in the form of reduced premiums for flood insurance policy holders. COMMISSIONER JOHNSTON asked Mr. Bishop if the Federal Government has replied back to the cleaning of Canoe Creek might drop the flood plain? Mr. Bishop said “Buzzy and I have met with the engineering firm that the FEMA chose to review our information and they should have some preliminary maps to look at in the next month or so. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE OF THIS MEETING.  A Regular June 9, 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 resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 9, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 60-15 RESOLUTION AWARDING BIDS FOR MOWING OF NORTH AND SOUTH SIDE OF ZION ROAD AND HWY 41 – EXIT 2 TO EDGINGTON MOWING SERVICE, INC., STANFORD, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the award of a contract for the mowing of the North and South sides of Zion Road and Highway 41, Exit 2 interchange to Edgington Mowing Service Inc., Stanford, Kentucky, in accordance with their low bid. 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: June 9, 2015 Carolyn Williams, City Clerk ______________________________ CITY MANAGER’S REPORT: MR. SIGHTS stated that a time frame has been established for filling the two vacancies for the Public Information Specialist and the Information Technology Director. We hope to have the Public Information Specialist with a job offer by August 1st and the Information Technology Director will take until approximately September 15th or October 1st. “I want to have a committee work with me on the selection of the IT Director and would ask that a member of the Board serve on it.” We will have a Work Session on June 16th to discuss the alternatives for the fountain. We may not have written information sent out to you on Friday before the Work Session and may be passed out at the meeting.  A Regular June 9, 2015 COMMISSIONER’S REPORTS: COMMISSIONER ROYSTER asked if Buzzy knew what was going on with the old Sights Denim and The Mill property? MR. WILLIAM L. NEWMAN, ASSISTANT CITY MANAGER, stated that he thought that Sights Denim had a demolition permit. The Old Mill restaurant was acquired by a couple of local businessmen and they repurposed materials from that building. He said that he would ask the Codes Department to move that process on. ________________________________ COMMISSIONER MILLS recalled that the Board had looked at the DHP banners. MOTION by Commissioner Mills, seconded by Commissioner Royster, to purchase ten of the banners from the Downtown Henderson Project. 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: COMMISSIONER MILLS stated that he has seen several ratings on Facebook, such as ratings for livability, etc. Henderson is not on those. He recommended that Tourism and the City, Kyndle, or Donna Stinnett to find a way to make that happen for Henderson. He continued by saying “congratulations to the Flood Mitigation Board and all the help we have had on helping with our flooding problems.” _____________________________ COMMISSIONER JOHNSTON recalled the shootings that happened this past weekend and passed along his and the Board’s prayers for the families. _____________________________ MAYOR AUSTIN explained that the Department of Local Government’s report on the Cost of Living increase of 0.08% for elected officials and asked if anyone would like to make a motion? MRS. DAWN KELSEY, CITY ATTORNEY, pointed out that we would have to prepare a resolution for the COLA increase. COMMISSIONER MILLS reminded everyone that there was a cost to running for office, both monetary as well as taking time from your family and would like the public to know what the Commissioners and Mayor receive. MR. SIGHTS reminded everyone “every time you fail to pass an increase on or an increase in the amount that elected officials get; that affects future people that sit in these seats and if we keep going on where we don’t raise and don’t raise, theoretically there could be a concern about people just having no interest whatsoever and saying “I wouldn’t go down there for that amount of money and put up with everything that they have to put up with.” The pay needs to go up and this is the only way to get the pay up over the long haul. APPOINTMENTS: HENDERSON CITY-COUNTY HUMAN RIGHTS COMMISSION MICHAEL PUCKETT – TO FILL UNEXPIRED TERM OF MIKE TURNER- TERM TO EXPIRE JUNE 30, 2017  A Regular June 9, 2015 MOTION by Commissioner Royster, seconded by Commissioner Mills, and upon recommendation of Mayor Austin, to appoint Mr. Michael Puckett to fill the unexpired term of Mike Turner on the Henderson City-County Human Rights Commission. Term to expire June 30, 2017. 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: ___________________________________ APPOINTMENTS: HENDERSON CITY-COUNTY PLANNING COMMISSION PENNY HAHN – TERM TO EXPIRE JUNE 1, 2019 MOTION by Commissioner Hite, seconded by Commissioner Royster, and upon recommendation of Mayor Austin, to appoint Ms. Penny Hahn, to the Henderson City-County Planning Commission. Term to expire on 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: ___________________________________ EXECUTIVE SESSION: REAL PROPERTY AND PERSONNEL MOTION by Commissioner Royster, seconded by Jan Hite, 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 First Street, Third Street, Green Street, and Carlisle Street and pursuant to provisions of KRS 61.810 (1)(b) for deliberations of the future or sale of real property located in the area of South Green Street and Rocks Road. Pursuant to provisions of KRS 61.810(1)(f) for discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual or member. 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:  A Regular June 9, 2015 MEETING RECONVENE: MOTION by Commissioner Hite, seconded by Commissioner Royster, the Board of Commissioners reconvened in regular session. RESOLUTION NO. 62-15 RESOLUTION INCREASING SALARY OF CITY MANAGER BY ONE (1%) PERCENT EFFECTIVE MAY 28, 2015 MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt the resolution to increase the compensation for Mr. Russell R. Sights to $129,497.15 for his services as City Manager effective as of May 28, 2015. 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 ATTEST: June 9, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 63-15 RESOLUTION INCREASING SALARY OF CITY ATTORNEY BY TWO (2%) PERCENT EFFECTIVE AS OF JUNE 1, 2015 MOTION by Commissioner Royster, seconded by Commissioner Johnston, to adopt the resolution to increase the compensation for Mrs. Elizabeth Dawn Kelsey, City Attorney, to $92,664.82 effective as of June 1, 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 resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 9, 2015 Carolyn Williams, City Clerk  A Regular June 9, 2015 MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Hite. WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 8 p.m. _______________________ Steve Austin, Mayor ATTEST: June 23, 2015. ___________________________ Carolyn Williams, City Clerk