Board of Commissioners Meetings

A Regular August 25, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 25, 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 Russell Sights, City Manager, 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 ABSENT: 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. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mrs. Nancy Nelson-Horn, Account Representative Mrs. Leigh Anne Herron, Administrative Clerk Mrs. Cindy Bickwermert, Administrative Secretary Ms. Kay Mulligan, Revenue Supervisor Ms. Sharon Coffman, Account Representative Mrs. Brenda Wethington, Transit Supervisor Mr. Trace Stevens, Parks and Recreation Director Mr. Brian Williams, Public Works Director Mr. Charles H. Stauffer, Police Chief Mr. Marvin Hancock, Acting Fire Chief Ms. Claudia Wayne, Planning Technician Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PRESENTATION: Mrs. Brenda Wethington, Transit Superintendent, presented the 2015 Outstanding Statewide Kentucky Section 5307 Urbanized Public Transportation System award that was presented to the City of Henderson at the annual Kentucky Public Transportation Association conference conducted earlier this month in Frankfort. Other systems in this category include Ashland, Owensboro, Bowling Green, Hopkinsville, Lebanon, Fort Wright, Louisville and Lexington. Mr. Sights commended Mrs. Wethington, and the staff of the HART transit system for the receipt of this award. __________________________ PRESENTATION: 45-YEAR SERVICE AWARD MAYOR AUSTIN presented a 45-year Service Award to Mrs. Nancy Nelson-Horn and thanked Nancy for her dedication and loyalty to the City of Henderson.  A Regular August 25, 2015 CONSENT AGENDA: MAYOR AUSTIN listed the lone item on the on the Consent Agenda. Minutes: August 11, 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 Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ----------------- Aye: Commissioner Royster ------------- Aye: Mayor Austin ----------------------- Aye: _________________________ ORDINANCE NO. 25-15: SECOND READING AN ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY OF AN UNIMPROVED PORTION OF HELM STREET LOCATED IN THE CITY OF HENDERSON BETWEEN BURDETTE STREET AND THE CSX RAILROAD MOTION by Commissioner Royster, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: 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 August 25, 2015 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 26-15: FIRST READING AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted.  A Regular August 25, 2015 The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: 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. ________________________ RESOLUTION NO. 83-15: RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY OF HENDERSON AN AMENDED AND RESTATED AGREEMENT BETWEEN THE MUNICIPAL WATER AND SEWER COMMISSION, BIG RIVERS ELECTRIC CORPORATION AND THE CITY OF HENDERSON CONCERNING THE UTILIZATION OF WATER INTAKE AND DISCHARGE FACILITIES, GRANT EASEMENTS AND MOORING RIGHTS TO HENDERSON WATER UTILITY, AND VARIOUS OTHER MATTERS MOTION by Commissioner Royster, seconded by Commissioner Hite, that the Resolution be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 August 25, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 84-15: RESOLUTION AFFECTING RESOLUTION NO. 87-14 AND FLEXIBLE SPENDING PLAN, AMENDING PRIVACY POLICIES FOR THE CITY OF HENDERSON FLEXIBLE SPENDING PLAN (“FLEXIBLE SPENDING PLAN PRIVACY MANUAL”), AND CLARIFYING THAT THE CITY’S BENEFITS COORDINATOR HAVING THE LONGEST TENURE IS THE CITY OF HENDERSON HIPAA PRIVACY OFFICER FOR THE CITY OF HENDERSON GROUP BENEFIT PLAN, THE CITY OF HENDERSON FLEXIBLE SPENDING PLAN AND THE CITY OF HENDERSON EMPLOYEE ASSISTANCE PROGRAM MOTION by Commissioner Royster, seconded by Commissioner Hite, that the Resolution be adopted. MRS. DAWN KELSEY, CITY ATTORNEY, explained that the first resolution actually does three things. The first thing is that we have a flexible spending plan and we also have a plan that allows a cafeteria plan that allows dependent care to be covered. Dependent care is not  A Regular August 25, 2015 covered under HIPPAA so it makes our flexible spending a hybrid entity and we need to clarify that we are a hybrid entity for HIPPAA purposes. The second thing is that Regina Bender is classified as a Benefit Coordinator and our Benefit Coordinator has always been our privacy officer. This claries that the Benefit Coordinator with the longest tenure will serve as our privacy officer. The third thing is going to give the City Manager the authority to make all actions necessary to update and amend the Flexible Spending Plan, Privacy Policy Manuals to ensure compliance with statutory regulations from this date forward. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 August 25, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 85-15: RESOLUTION AFFECTING RESOLUTION NO. 87-14 AND GROUP BENEFIT PLAN, AND AUTHORIZING THE CITY MANAGER TO AMEND AND UPDATE PRIVACY POLICIES FOR THE CITY OF HENDERSON GROUP BENEFIT PLAN (“GROUP BENEFIT PLAN PRIVACY MANUAL.”) AS NECESSARY TO STAY IN COMPLIANCE WITH STATUTORY REGULATIONS. MOTION by Commissioner Hite, seconded by Commissioner Royster that the Resolution be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 August 25, 2015 ATTEST: Carolyn Williams, City Clerk RESOLUTION NO. 86-15: RESOLUTION AFFECTING RESOLUTION NO. 87-14 AND EMPLOYEE ASSISTANCE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO AMEND AND UPDATE PRIVACY POLICIES FOR THE CITY OF HENDERSON EMPLOYEE  A Regular August 25, 2015 ASSISTANCE PROGRAM (“EMPLOYEE ASSISTANCE MANUAL.”) AS NECESSARY TO STAY IN COMPLIANCE WITH STATUTORY REGULATIONS MOTION by Commissioner Mills, seconded by Commissioner Hite, that the Resolution be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- 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 August 25, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 87-15: RESOLUTION AUTHORIZING AWARD OF CONTRACT TO HAZEX CONSTRUCTION COMPANY, INC., HENDERSON, KENTUCKY, FOR INSTALLATION OF THIRTY-SEVEN (37) OUTDOOR LIGHTING FIXTURES ALONG SECOND STREET BETWEEN GREEN AND CARLISLE STREETS IN THE AMOUNT OF $298,000.00 MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Resolution be adopted. MR. BUZZY NEWMAN stated that “this project was over-budget. After consulting with the two lone bidders, a large portion of the cost of doing the project was the installation of the remaining conduit in the underground sections along the south side of Green Street. That was the single, most costly, item in their bid. Owen Reeves and the Gas Department has saved us a tremendous amount of money. We wished Owen could help on the south side but we have put him behind of his other duties and so it is our recommendation to go ahead and try to proceed with the contract agreement with Hazex to get this project completed. We are asking that we utilize funds in this year’s budget that was set aside for sidewalk and curb and gutter maintenance. We will ask that if funds are available, that we move these funds off until next year and continue to resume our 4-5 year sidewalk replacement plan.” MAYOR AUSTIN asked what it takes to do this installation? Mr. Newman said “installation of the conduit is first, then the foundations and run the conduit inside the foundation, then the electricians will pull all the wires to make the light fixtures ready for electricity along with several other stages have to be completed.” COMMISSIONER MILLS asked if only the sidewalk and curb/gutter would be pushed off. Mr. Newman replied that back in February, the Second Street Corridor was to be handled separately. MR. SIGHTS said “if you remember, last February, we were able to add additional work to our street program and our concrete program and there’s a possibility, depending on how we do this fiscal year, if we can come back in the spring and do that rather than waiting until next year. We don’t know yet but it is just a delay in the Second Street work as far as the balance of the work that we have planned; no other work. COMMISSIONER HITE said “does it make sense to do the lights and then repair the sidewalks. Mr. Newman’s answer was curb and gutter. By using Gas Department’  A Regular August 25, 2015 underground directional drilling to install a lot of the conduit so by doing that they have reduced the repair costs. COMMISSIONER ROYSTER asked “So what is the big rush to get these done; if we can possibly do the curbs and sidewalks, why can’t we wait until next year to do the lights?” MR. NEWMAN said that waiting a year would lose the light warranties and if we get it started, let’s just get it done and come back the following year and complete sidewalks, etc. If we have to use monies from our repair budget to fix some of the repairs. MR. SIGHTS recalled that maybe our people could have misunderstood the direction of the Board of Commissioners but he felt that it was a high priority to get Second Street lit. Commissioner Hite said that she agreed with doing sidewalk repairs as needed as long as they were safe. COMMISSIONER ROYSTER added that he was still not satisfied. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Nay: Commissioner Royster ----------- Nay: Mayor Austin --------------------- Aye: MOTION DID NOT PASS. ________________________________ DISCUSSION: COMMISSIONER MILLS said that we weren’t over budget; just postponed the concrete work until next year. MR. SIGHTS said “That’s the reason that we made a recommendation to reallocate the money. Now, we have made a recommendation to you to spend it all, this plus the concrete work; we would have been over budget. But, we are not over budget if we realign the expenditure and delay the concrete work. We are still within the approved dollar amount, not necessarily for the activity but we are not over budget if you all approve the resignation of activity. I think our staff used the best information that they had available to make the budget estimate. Sometimes, there are variables out there that either are more expensive than you thought. This did undergo engineering analysis. It wasn’t just a number pulled out of the air. Commissioner Hite, you are the one who had the more concern about the safety aspect and that’s when I spun around and made a note in the book. We will make a priority this week out of walking the south side of Second Street to determine if any section of concrete is unsafe. And for those that are unsafe, if there are any, and I don’t know if there are or not because I haven’t walked it but I will be glad to. We will repair those, it might not look as nice as complete job but we will repair anything that is of a safety nature so that concern can go away before we put the lights in or anything else. And then, if you all are willing to accept that commitment and because we already have the fixtures in stock. Yes, it is an expensive project but you never know what the expanse is going to be until you take your bids. We have taken bids and had two bidders and they were fairly close. With that idea and with that in mind and the fact that we have the fixtures. I’m comfortable to go on and put the lights up now and not do any concrete work until we have to have a midyear budget amendment or that we budget the work for next year.” MOTION by Commissioner Hite to reconsider this bid and contract at our next meeting on September 8, 2015. Seconded by Mayor Austin. DISCUSSION: COMMISSIONER MILLS doesn’t see why a delay in voting is needed.  A Regular August 25, 2015 COMMISSIONER HITE said that her question would be that this entire budget for this project, including sidewalks, lights, everything, was $350,000. The other items put this over cost. She would like to put the entire project off until next year and allow the Gas Department more time to be able through and finish what they were doing to help us save money. Mr. Sights said that the bidders would be allowed to rebid the item after 60 days. Mayor Austin asked Commissioner Royster if he would walk those sidewalks in the next two weeks before our next meeting. Commissioner Royster agreed and Commissioner Hite agreed to make the same commitment. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: __________________________________ CITY MANAGER’S REPORT: MR. SIGHTS presented the results of the revision in the employee evaluation system. There has been input from an outside consultant engaged by KYNDLE and a lot of input by Department Heads. “We strive to have an effective evaluation program and in doing so, all Supervisors are trained to conduct evaluations Everyone of those people have been trained by the KYNDLE Education and Training Consortium. As a result, we wanted you to know how the revised system is managed. A PowerPoint presentation was reviewed and there were no questions. __________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS thanked everyone who worked on the new evaluation. COMMISSIONER HITE agreed that it was a good presentation and she appreciated it. COMMISSIONER ROYSTER stated that he would like to see the City have another pay plan study. He said “I understand there are some positions that we have trouble filling possibly because of pay. We have some employees that are within pennies of topping out so their next evaluation, they get those pennies and then have to wait another year for longevity pay. He said that the last pay plan was maybe 2008. MR. SIGHTS will get the cost of the most recent pay plan study. The City Manager said “the current salaries being paid this year will be updated in the KLC Study and then be sent to the Board of Commissioners.” MAYOR AUSTIN noted that each commissioner was given a KLC study of how salaries were looking over each member city. __________________________________ EXECUTIVE SESSION: REAL ESTATE MOTION by Commissioner Royster, seconded by Commissioner Mills to go into Executive Session pursuant to the provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property located in the area of the Pennyrile Parkway, Fifth Street, Kimsey Lane, and North Green Street as well as property located in the area of U.S. 41 North, U. S. 60 East, and the Pennyrile Parkway. The vote was called. On roll call, the vote stood:  A Regular August 25, 2015 Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: ______________________________ MOTION by Commissioner Mills, seconded by Commissioner Hite to come out of executive session. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: ______________________________ MEETING ADJOURN: MOTION by Commissioner Mills, seconded by Commissioner Hite to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ---------- Absent: Commissioner Hite ---------------- Aye: Commissioner Royster ------------ Aye: Mayor Austin ---------------------- Aye: WITHOUT OBJECTION, the Meeting adjourned at approximately 7:14 p.m. _______________________ Steve Austin, Mayor ATTEST: September 8, 2015. ___________________________ Carolyn Williams, City Clerk