Board of Commissioners Meetings

A Regular July 28, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 28, 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 Britney Smith, Executive Director Habitat for Humanity, 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 Mr. Randall Redding, Acting City Attorney Mrs. Maree Collins, Acting City Clerk Mr. Robert Gunter, Finance Director Mr. Danny Froehlich, Fire Chief Ms. Doris Mallory, Legal Secretary Mr. Jerry W. Long, Assistant Fire Chief Mr. Joshua Long Ms. Erin Long Mr. Samuel Long Ms. Cindy Phillips, Fire Department Mr. Chris Watson, Fire Crew Mr. Casey Howard, Fire Crew Mr. Billy Schwartz, Fire Crew Mr. Chad Garrett, Fire Crew Mr. Willie Curry, Fire Crew Mr. John Pace, Fire Crew Mr. Mike McChessney, Fire Crew Mr. Chad Moore, Fire Crew Mr. Brandon Lingerfelt, Fire Crew Mr. Mike Ivie, Fire Crew Mr. Cory Staples, Fire Crew Mr. Codie Comer, Fire Crew Mr. Tom Williams, HWU General Manager Mr. Brian Williams, Public Works Director Mrs. Connie Galloway, Human Resources Director Ms. Linda K. Ain, City’s Telecommunications Attorney Ms. Tanya Rosin, Crown Castle Government Relations Mr. Chris Hopgood, Crown Castle Attorney Ms. Margarete Ridley, Kyndle Mr. Kyle Hittner, Henderson County Tourist Commission Ms. Beth Strawn, Downtown Henderson Partnership Mr. Brad Schneider, Kyndle CEO Dr. Bill Patterson, Director of Missions Green Valley Baptist Association Rev. Mark Galloway, Senior Pastor Zion Baptist Church Mr. Nathan Whisnant Mr. Doc Turner Mrs. Joyce Locke Rev. Todd Linn, Sr. Pastor Henderson’s First Baptist Church Mr. John Totton Mr. Rich Stratton, Henderson’s First Baptist Church  A Regular July 28, 2015 Mr. Ken Gazaway, Pastor Emanuel Baptist Church Mr. Nate Butler, Pastor Water’s Edge Church Mr. Charles Cameron Mr. Hugh Ligon Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PRESENTATION: 35-Year Service Award MAYOR AUSTIN expressed appreciation to Jerry Long, Assistant Fire Chief, for his hard work and dedication to the City with the presentation of this 35-year service pin. __________________________ ORDINANCE NO. 24-15: FIRST READING AN ORDINANCE AWARDING A NON-EXCLUSIVE FRANCHISE TO CROWN CASTLE NG CENTRAL LLC. FOR A TERM OF TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE CONFINES OF THE CITY OF HENDERSON, KENTUCKY AND AUTHORIZING THE MAYOR TO SIGN A FRANCHISE AGREEMENT AND A DARK FIBER AGREEMENT WITH CROWN CASTLE NG CENTRAL LLC. MOTION by Commissioner Royster, seconded by Commissioner Mills, that the Ordinance be adopted. CITY MANAGER RUSSELL SITES called Linda K. Ain, City Telecommunications Attorney and Tanya Rosin, Crown Castle Government Relations to give a presentation about relations with Crown Castle NG Central LLC. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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. __________________________ PRESENTATION: ALCOHOLIC BEVERAGE REGULATIONS Brad Schneider with Kyndle Proposed Ordinance Changes Relating to Alcoholic Beverage Regulations Citizens against changes: Bill Patterson, Mark Galloway, Nathan Whisnant, Doc Turner, Joyce Locke, Todd Linn, John Totton, Rich Stratton, Ken Gazaway, Nate Butler, Charles Cameron BRAD SCHNEIDER followed up with brief comments that the City could have strict guidelines to dictate how, where, and when this type of event could happen. He uses many other cities up and down the river as examples that have already been doing this without increase in crime rates. If allowed would increase economic revenue. ___________________________  A Regular July 28, 2015 COMMISSIONER HITE states that she still votes no as she did two years ago, “it is not something this community needs.” MAYOR AUSTIN makes a statement that he would be in favor of allowing a limited area with strong permit regulation and guidelines to have wine tastings or craft beer event if the organization was a qualified event sponsor. MAYOR AUSTIN said with three commissioners in favor of this they will proceed with an ordinance and follow up later with a resolution with all the restrictions and permits involved DISCUSSION WAS HELD, VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING ___________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the Acting City Clerk to read the items on the Consent Agenda. Minutes: July 7, 2015, Called Meeting July 14, 2015, Regular Meeting RESOLUTION NO. 82-15: RESOLUTION AWARDING BID FOR HEAVY EQUIPMENT RENTAL TO SCHNEIDER FARMS & EXCAVATING, AND A & S SERVICES, INC. MOTION by Commissioner Hite, seconded by Commissioner Johnston, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ----------------- Aye: Commissioner Royster ------------- Aye: Mayor Austin ----------------------- Aye: _________________________ ORDINANCE NO. 22-15: SECOND READING AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, AUTHORIZING THE ISSUANCE OF (i) GENERAL OBLIGATION BONDS, SERIES 2015A IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,000,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $800,000) TO FINANCE VARIOUS IMPROVEMENTS, (ii) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,900,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $190,000) TO CURRENTLY REFUND AN OUTSTANDING ASSISTANCE AGREEMENT DATED AS OF MAY 1, 1996 BETWEEN THE KENTUCKY INFRASTRUCTURE AUTHORITY AND THE CITY; AND (iii) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,720,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $170,000) TO PREPAY A LEASE AGREEMENT WITH THE KENTUCKY AREA DEVELOPMENT DISTRICTS FINANCING TRUST DATED AS OF MAY 30, 2005; APPROVING THE FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS; MAINTAINING THE HERETOFORE CREATED SINKING FUND; AUTHORIZING  A Regular July 28, 2015 ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER OR PURCHASERS FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES. MOTION by Commissioner Royster, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 July 28, 2015 ATTEST: Maree Collins Acting City Clerk ___________________________ ORDINANCE NO. 23-15: SECOND READING ORDINANCE AMENDING ARTICLE 136 - TRANSFER POLICY, TO ALLOW POLICE OFFICERS AND FIREFIGHTERS TO TRANSFER BETWEEN POSITIONS AFTER THIRTY-SIX (36) MONTHS OF SERVICE; AND ARTICLE 520 – DISCIPLINARY GUIDELINES TO ADD CLARIFICATION TO SECTION E(14) OF THE EMPLOYMENT MANUAL OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Hite, seconded by Commissioner Royster, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 July 28, 2015 ATTEST: Maree Collins Acting City Clerk _________________________  A Regular July 28, 2015 REPORT: HWY 351/2nd Street Interchange Mowing Contract MR. WILLIAM NEWMAN, JR., Assistant City Manager, states that there was a misunderstanding in the bid document and for what the mowing service bid. The mowing service said they couldn’t mow Second St. and U.S. 41 S. at his original bid price. So what the options are now is to award the contract to the second bidder or rebid the contract for the remaining season. But it would take at least three weeks before it would be brought back before the commission. MR. RUSSELL SIGHTS, City Manager, said that if the commission decides to go with the second lowest bidder, which is Knights, they could amend the existing contract with Knights to finish out the season. MOTION by Commissioner Hite, seconded by Commissioner Royster accepting the termination of the mowing contract, awarding the mowing contract to the second bidder, and amending the current contract with Knights to include the U.S. 60 Cloverleaf. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: _____________________________ CITY MANAGER’S REPORT: MR. RUSSELL SIGHTS, City Manager, states that Mr. Tom Williams, HWU General Manager, is here with a request concerning Shelby St. MR. TOM WILLIAMS, HWU General Manager, states that repairing Shelby Street isn’t justified because it is in fairly good shape and the issue is purely cosmetic. Mr. Williams proposes that the city share half the bill of repairing the street. COMMISIONER HITE asks if it’s truly cosmetic based on what the report is, when it does come time to repave it even if it’s not this year or if its five years from now is HWU still wanting to pay fifty percent (50%) of that? MR. WILLIAMS replies that he would be willing to commit to that. MR. SIGHTS also states that two Assistant Fire Chiefs as well as the Fire Chief are retiring. We are ready to move forward with the selection of a new Fire Chief with the same type of committee as before, which includes: City Manager, Assistant City Manager, Human Resources Director, a ranking member of the Fire Department, a firefighter or engineer in the Fire Department, Police Chief, and one elected official MAYOR AUSTIN would like to be elected to the committee for selection of the new Fire Chief since it will involve a lot of meetings. MOTION by Commissioner Hite, seconded by Commissioner Mills to elect Mayor Austin to serve on the Committee for selection of a new Fire Chief. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye:  A Regular July 28, 2015 Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: MR. SIGHTS would like to say he appreciates the support the commissioners gave with awarding the non-exclusive franchise agreement to crown castle, they have been good to work with and we will see community improvements. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS is concerned about the changes being made in county government spending changes in reference to the ambulance services. The ambulance service is just as important as the 911 service. They’re a major expense but major benefits come with having a home grown ambulance service that gives fast service through our local hospitals. If there is anything being said about that, we need to talk about it and get us all on the same page. MAYOR AUSTIN states that he has been in on the meetings and has been working very closely with the ambulance service on their budget, collections, and on all of the things they are doing trying to keep costs in line. The ambulance service as of July 1st, 2015 has cut a considerable amount out of their budget and reduced our cost by $25-$30,000 dollars. As far as looking at something else we are not actively pursuing anything else. One comment that started it was a Davis County Judge mentioning to Henderson County people that they weren’t paying anything for their ambulance service. We are currently getting questions answered about how they do it and how other cities are managing their ambulance services. Sometimes costs are questioned with the ambulance but their service has been ideal. MR. RUSSELL SIGHTS, City Manager, states that those costs are relative, true it’s our obligation to keep costs low, but I look at police, fire, and EMS as a triangle, each being equally important in the community. While it costs us in the neighborhood of $240,000 a year it’s only 10% of our police department budget and we aren’t talking about reducing police budget. It all ties to what kind of service you want. The City could operate ambulance services on our own; we don’t need a joint agreement if we don’t want one. COMMISSIONER MILLS also wants to make known his opinion about changing the alcohol regulations, he does not believe the ones asking for the change sold their idea since not much has changed other than the vision plan. We move on and try to make our community a better place. COMMISSIONER JOHNSTON would just like to say thank you for the discussion and giving the opportunity to hear everyone out so we can make a good decision based on that. COMMISSIONER ROYSTER offers thanks to Buzzy Newman for fixing the mowing situation. He has been getting complaints about service cut repairs and would like to see a list of what we have that is outstanding and when we anticipate fixing them. He would also like to know where we stand on replacing the sanitation superintendent. MR. SIGHTS follows up that Brian Williams has been recently appointed as Public Works Director and he’s doing an analysis of that whole department on whether he wants to make any recommendations to change the organizational structure. Russell wants to give him time to get adjusted and decide what kind of supervision he wants in his areas. COMMISSIONER ROYSTER adds that along with service cuts he is getting complaints of a lot of pot holes. MR. SIGHTS informs him that we have a turnaround of 48 hours on that but it might be behind. MAYOR AUSTIN inquires what the reporting order is to get it done within the 48 hours.  A Regular July 28, 2015 MR. SIGHTS replied to call the city manager’s office and either himself or Maree would make a direct communication with public works, usually by e-mail so there’s a record of it. I have not had many complaints. MR. BUZZY NEWMAN Assistant City Manager, would like to respond to his question about service cuts, we can give you an update on how many are outstanding and how many have been completed. We get service cuts from the utilities HWU and Gas Department as well as repairs we have. We will accumulate them and talk to the commission later about trying to organize our technology to have a better reporting system. We will let you know how we are progressing. Service cuts are our top priority, then sidewalks, followed by any other street repairs we need to make. COMMISSIONER ROYSTER says some have been marked for locates but they are only good for 21 days, then they will have to call again. MR. NEWMAN offers that if he has anything specific to let him know and he can check on the status of them. He is not speaking for Brian, but since he is new on board the engineering department has been helping public works with service cuts as well as asphalt and concrete repairs is why he spoke. MR. SIGHTS states that not very often, but occasionally, there will be a failure for us to be notified that a service cut has been made by the utilities. MR. BRIAN WILLIAMS, Public Works Director, explains that public works is going back from old records and trying to get all the oldest service cuts done first and working their way up. He believes they are further than they have been in the last couple of years with just getting caught up on service requests due to the nice weather. MAYOR AUSTIN asks when all of our organizations get on City Works is that something that will be a benefit in things like this? MR. TOM WILLIAMS, HWU General Manager, agrees it will. City Works is a program that we are implementing, which we’re 95% live with now. It allows for you to have a call center where complaints can come into anyone who has a computer and they can log them in and assign them to someone to look at it. We are getting a lot of use out of it and if we add public works and gas that we will get a lot more use out of it. We are even willing to put in part of the bill for that. We will be able to look at repair history, isolate areas, and hot spot mapping. As for the codes aspect it could also hold building permits, violations, and all of those things in this kind of database. This will allow us to streamline our workload and work smarter. Also the water feature has been reprogrammed and we are flushing out the system. It looks like it will be back up and running by next week. COMMISSIONER MILLS states that he is proud that no one has said “I can’t do it” when it comes to the technology. MAYOR AUSTIN would like to thank Danny Froehlich, Fire Chief for a tremendous job he has done for the City of Henderson and for the Fire Department. It hasn’t always been as smooth as it is now and he would like to acknowledge him for his hard work. MR. SIGHTS informs everyone that they will have their first meeting to select the new fire chief no later than next week. He recommends they select internally, which will create vacancies down in the ranks but they will have a roster available of each classification of employee ready to go to hire off of so the new fire chief will be choosing the two assistant fire chiefs and the vacancies they create rather than have the acting fire chief select them. ______________________________ APPOINTMENT: CITY-COUNTY AIRPORT BOARD  A Regular July 28, 2015 MOTION by Commissioner Mills, seconded by Commissioner Johnston, upon recommendation of Mayor Austin, to appoint Dwight Williams to a four-year term. Said term to expire January 5, 2019. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: ______________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Royster to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ---------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ------------ Aye: Mayor Austin ---------------------- Aye: WITHOUT OBJECTION, the Meeting adjourned at approximately 7:25 p.m. _______________________ Steve Austin, Mayor ATTEST: August 11, 2015. ___________________________ Carolyn Williams, City Clerk