Board of Commissioners Meetings

A Regular September 8, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 8, 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 Lt. Jason Quinn, Commanding Officer, Salvation Army, 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. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Relations Director Mr. Trace Stevens, Parks and Recreation Director Mr. Charles H. Stauffer, Police Chief Mr. Marty Wilson, Police Officer Mr. Marvin Hancock, Acting Fire Chief Mr. Charles “Dino” Abbott, Fire Department Lieutenant Mr. Mike Ivie, Fire Department Lieutenant Mr. Chris Watson, Fire Department Lieutenant Mr. Willie Curry, Fire Department Lieutenant Mr. Walt Hazelwood, Fire Engineer Mr. Chad Garrett, Firefighter Mr. Shane Onstott, Firefighter Mr. Mike McChessney, Firefighter Mr. Tanner Simon, Firefighter Mr. John Pace, Firefighter Mr. Brian Bishop, City-County Planning Director Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Ms. Teresia Johnston Mr. Brad Schneider, Kyndle CEO Mr. Greg Nunn and Vanessa Nunn Mr. Gary Nunn and Terry Nunn Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PROCLAMATION: “CONSTITUTION WEEK” MAYOR AUSTIN proclaimed the week of September 17 through 23, 2015, as “Constitution Week” and asked our citizens to reaffirm the ideals that the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of out liberties, remembering that lost rights may never be regained. PRESENTATION: 20-YEAR SERVICE AWARD  A Regular September 8, 2015 MAYOR AUSTIN expressed appreciation to Fire Lieutenant, Charles “Dino” Abbott, for his 20 years of service and dedication to the City. _________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to list the items on the Consent Agenda. Minutes: August 25, 2015, Regular Meeting Resolution: RESOLUTION NO. 88-15 AUTHORIZING PARTICIPATION IN KENTUCKY PRIDE LITTER ABATEMENT GRANT PROGRAM MOTION by Commissioner Hite, seconded by Commissioner Mills, to approve the item 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: 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 September 8, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 26-15: SECOND READING ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES 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 OF SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Hite, seconded by Commissioner Mills, 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:  A Regular September 8, 2015 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 September 8, 2015 ATTEST: Carolyn Williams, City Clerk ___________________________ ORDINANCE NO. 27-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT BRAXTON PARK SUBDIVISION, SECTION 2-B MOTION by Commissioner Mills, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 28-15: FIRST READING ORDINANCE RELATING TO SPECIAL EVENTS AN ORDINANCE AMENDING CHAPTER 17-PARKS AND RECREATION, ARTICLE 1, IN GENERAL, SECTION 17-2 TO ALLOW ALCOHOLIC BEVERAGES IN AUDUBON MILL PARK AND OR WATER STREET BETWEEN FIRST STREET AND SECOND STREET IN CONJUNCTION WITH SPECIAL EVENTS; AND ARTICLE III, SPECIAL EVENTS, SECTIONS 17-45, 17-48,17-49-17-50, 17-52 THRU 17-59 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO CREATE A SPECIAL EVENT WITH ALCOHOL PERMIT MOTION by Commissioner Royster, seconded by Commissioner Johnston, that the Ordinance be adopted. MR. EUGENE POWELL, 1124 LOEB STREET, Mr. Powell asked questions regarding what conditions could be placed on a Special Events Permit. MR. SIGHTS commented that “under Sec. 17-52 indemnification the sponsoring organization must provide proof of comprehensive liability insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability including premises and operations, at the time of application. Additionally, any special event with alcohol will also require one million dollars of liquor liability insurance. Sponsor shall name the city as an additional insured on all required insurance.”  A Regular September 8, 2015 The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Nay: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Nay: 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. 89-15 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 Mills, seconded by Commissioner Hite, awarding a contract to Hazex Construction company for the installation of thirty-seven outdoor lighting fixtures along Second Street between Green and Carlisle Streets in the amount of $298,000.00 MR. SIGHTS stated “since the last meeting in August 25th several things have happened, I committed to the Board that I would walk the section in question and I did from Ingram Street all the way out Carlisle. There were some sections of sidewalk that had been identified as being in need of repairs and Mr. Ward has shown on the map where those are and giving you an estimate for repairing them and if you approve this recommendation tonight, that will be done this fall, it will not be done any later than that. I am recommending that you go forward with awarding this contract. We have the lights in stock and they were bought last October. We feel like this was a priority of the Board to get these lights installed and so with that in mind and the fact that Mr. Ward has done his analysis and has shown what the cost is going to be, I’m going to recommend that we move forward. I would like for Dylan to come forward if there are any questions.” MR. DYLAN WARD explained that since he had spent a lot of time on Second Street determining where the street lights should be placed, he was already acquainted with the sidewalks out there already but in the last week he had walked both sides of Second Street three times. After observing, making notes and measuring the sidewalks, he came up with a summary of some of the worst areas. His recommendation is to replace the worst places right now and his map shows what places need grinding and the replacement of others right now. He recommends that after the lights are installed, we should rebuild the entire area. COMMISSIONER ROYSTER noted that he too walked that area last week and saw a lot of areas that he felt need to be marked that were not. He saw some grinding that he felt was not “up to snuff.” He said that he did not see any curb and gutter marked. He stated that he felt that we should get all of the sidewalk, curb and gutter completed before we put money into street light project. He said that we have money budgeted for the street lights, so we do what we can and we come back and finish it next year. COMMISSIONER HITE asked Mr. William L. (Buzzy) Newman, to come to the microphone. Commissioner Hite asked Mr. Newman “In your professional opinion, if this is roughly a little over 1,100 square feet of repairs that you deem unsafe? Mr. Newman answered in the affirmative. She continued “I would be afraid that if we were to do what you are recommending we would fix it all, tear it all up, lay it all out again, then that’s not going to be just a little bit more than what we had planned but it might be significantly more than what we have now.” “How long have these sidewalks been in the shape that they are in right now?” Mr.  A Regular September 8, 2015 Newman answered that the north side of Second Street was repaired last year but he is not sure regarding the south side. Mr. Sights added that he saw where some concrete had been poured but not anything recent. Commissioner Royster stated that he had seen ADA ramps that needed attention. Commissioner Hite suggested that a schedule of fixing sidewalks be compiled just as we have for future street repairs. Mr. Sights said that sidewalk schedule was started last year but that was the first year that money was designated for just sidewalk repair. Mr. Newman agreed that, as part of the budget process, a sidewalk repair list should be necessary. Commissioner Mills added that last year was the first year we had money to designate for sidewalks. Mr. Sights explained that the reason there were no curb and gutters marked because curbs and gutters are the responsibility of the Kentucky Transportation Cabinet. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Nay: 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: September 8, 2015 Carolyn Williams, City Clerk ________________________________ CITY MANAGER’S REPORT: MR. SIGHTS reminded everyone that a Work Session is scheduled for Tuesday, September 15, 2015, at 5:30 p.m. ____________________________________ MAYOR AUSTIN asked the audience if they had seen the new DARE car and the Jeep pickup truck both wonderfully decorated? These automobiles were donated by Larry Bennett, owner of Audubon Chrysler-Dodge dealership on U. S. 41 North in Henderson. Mayor Austin continued by saying that Mr. Bennett was the biggest, silent supporter of this community that he could ever remember. He does not seek public praise but he does a lot for our community and we thank him for what he does. _____________________________________ REAPPOINTMENT: MUNICIPAL HOUSING COMMISSION NIBBY PRIEST – TERM TO EXPIRE SEPTEMBER 30, 2019 MOTION by Commissioner Royster, seconded by Commissioner Mills, to reappoint Mr. Nibby Priest, and upon recommendation of Mayor Austin, to a four-year term on the Municipal Housing Commission. Said term to expire September 30, 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:  A Regular September 8, 2015 EXECUTIVE SESSION: PERSONNEL AND REAL ESTATE MOTION by Commissioner Royster, seconded by Commissioner Mills to go into Executive Session pursuant to the provisions of KRS 61.810(1)(f) for the discussions or hearings that might lead to the appointment, discipline, or dismissal of an individual employee or member. As well as pursuant to provisions of KRS 61.810(1)(b) for deliberations on the future acquisition or sale of real property by a public agency located in the area of the Pennyrile Parkway, Fifth Street, Kimsey Lane, North Green Street and the possible future acquisition or sale of real property located in the area of South Green Street and Rocks Road in that publicity would likely affect the value of said properties. 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 RECONVENE: MOTION by Commissioner Royster, seconded by Commissioner Hite, the Board of Commissioners reconvened in regular session. 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: _____________________________________ RESOLUTION NO. 90-15 RESOLUTION APPROVING APPOINTMENT BY CITY MANAGER OF IAN GREGORY NUNN AS THE INFORMATION TECHNOLOGY DIRECTOR AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Royster, seconded by Commissioner Hite, approving the City Manager’s appointment of Ian Gregory Nunn as the Information Technology Director and authorizing Mayor to execute Employee Agreement on behalf of City. 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:  A Regular September 8, 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 September 8, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ 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 ---------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ------------ Aye: Mayor Austin ---------------------- Aye: WITHOUT OBJECTION, the Meeting adjourned. _______________________ Steve Austin, Mayor ATTEST: September 22, 2015. ___________________________ Carolyn Williams, City Clerk