Board of Commissioners Meetings

A Regular September 22, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 22, 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 Pastor Ted Burke, Chapel Hill United Methodist 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 ABSENT: COMMISSIONER JAN HITE LEFT LATER IN THE MEETING 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. David Piller, Police Major Mr. Marvin Hancock, Acting Fire Chief Mr. Brian Bishop, City-County Planning Director ? Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. Brad Schneider, Kyndle CEO Mr. Mike Richardson, Police Reserve Officer ? Mr. Frank Boyett, The Gleaner __________________________ MAYOR AUSTIN announced that some items would be brought forward in order to accommodate those with other commitments: __________________________ RESOLUTION NO. 96-15 APPROVING PURCHASE AGREEMENT FOR REAL ESTATE BETWEEN THE CITY OF HENDERSON, THE HENDERSON COUNTY FISCAL COURT AND THE NATURE CONSERVANCY IN THE AMOUNT OF $133,000.00 MOTION by Commissioner Hite, seconded by Commissioner Royster, to approve the Purchase Agreement for Real Estate between the City, Henderson County Fiscal Court, and the Nature Conservancy in the amount of $133,000.00 MR. WILLIAM L. NEWMAN, JR., speaking as the Henderson County Flood Mitigation Board Chairman, thanked the following people: Commissioner X R. Royster, Mr. Jim Vincent, Mr. Monty Parrish, Mr. Brian Bishop, as well as Mr. Tom Williams and himself. He also acknowledged City Manager, Mr. Russell Sights, and Mrs. Dawn Kelsey and Mr. Steve Gold and Mayor Steve Austin for reaching out to help us get the Nature Conservancy back to the table and presenting a well thought out plan on how to meet the Nature Conservancy goals as well as our community goals for reducing flooding along Canoe Creek. He thanked one and all. MAYOR AUSTIN said that no one could know how much time and effort Mrs. Kelsey and Mr. Newman have put into this project.  A Regular September 22, 2015 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 22, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 99-15 AUTHORIZING AWARD OF CONTRACT TO BLUEGRASS RECREATIONAL PRODUCTS OF LOUISVILLE, KY, FOR THE DESIGN/BUILD OF AN INTERACTIVE SPLASH PAD FEATURE FOR THE NEWLY DEVELOPED EAST END PARK IN THE AMOUNT OF $115,696.00 MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the award of contract to Bluegrass Recreational Products, Louisville, Kentucky, for design and installation of an interactive splash pad feature for the newly developed East End Park in the amount of $115,696.00. 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 22, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 28-15: SECOND READING ORDINANCE RELATING TO SPECIAL EVENTS 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  A Regular September 22, 2015 MOTION by Commissioner Royster, seconded by Commissioner Johnston, that the Ordinance be adopted. 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor September 22, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ COMMISSIONER HITE EXCUSED HERSELF. _________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to list the items on the Consent Agenda. Minutes: September 8, 2015, Regular Meeting September 15, 2015, Work Session Resolutions: RESOLUTION NO. 91-15 AWARDING CONTRACT FOR GROUP TERM LIFE INSURANCE FOR CITY OF HENDERSON EMPLOYEES TO THE STANDARD, PORTLAND, OREGON RESOLUTION NO. 92-15 AWARDING CONTRACTS TO ALLSTATE BENEFITS AS THE INSURANCE CARRIER FOR VOLUNTARY CANCER, VOLUNTARY ACCIDENT, AND VOLUNTARY CRITICAL ILLNESS; AND TRANSAMERICA AS THE INSURANCE CARRIER FOR VOLUNTARY UNIVERSAL LIFE PLAN FOR CITY OF HENDERSON EMPLOYEES; AND DIRECTING THAT EMPLOYEE PREMIUMS FOR VOLUNTARY CANCER, AND/OR VOLUNTARY ACCIDENT AND/OR VOLUNTARY CRITICAL CARE AND/OR VOLUNTARY UNIVERSAL LIFE PLAN INSURANCE BE DEDUCTED FROM EMPLOYEE’S SALARY, POST-TAX RESOLUTION NO. 93-15 AWARDING CONTRACT FOR VOLUNTARY VISION INSURANCE FOR CITY OF HENDERSON EMPLOYEES TO EYEMED AND DIRECTING THAT EMPLOYEE PREMIUM FOR VOLUNTARY VISION INSURANCE BE DEDUCTED FROM EMPLOYEE’S SALARY, PRE-TAX RESOLUTION NO. 94-15 CHANGING CITY’S MONTHLY CONTRIBUTION TOWARDS EMPLOYEES’ CANCER INSURANCE FROM $7.85 TO $9.55 PER EMPLOYEE AND ALLOWING EMPLOYEES TO USE THAT CONTRIBUTION TOWARDS EITHER CANCER OR ACCIDENT INSURANCE RESOLUTION NO. 95-15 DIRECTING THAT EMPLOYEE PREMIUMS FOR AMERICAN FAMILY LIFE ASSURANCE COMPANY (AFLAC) NO LONGER BE PAID THROUGH PAYROLL DEDUCTIONS AND THAT EMPLOYEE PREMIUMS FOR VOLUNTARY INSURANCE WITH POLICE AND FIREMAN INSURANCE ASSOCIATION MAY CONTINUE TO BE PAID THROUGH PAYROLL DEDUCTION AND THAT THE CITY OF HENDERSON DOES NOT ENDORSE ANY  A Regular September 22, 2015 POLICIES THAT MAY BE ISSUED BY THE POLICE AND FIREMAN INSURANCE ASSOCIATION MOTION by Commissioner Royster, seconded by Commissioner Johnston, to adopt the items listed on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ----------------- Absent: Commissioner Royster ------------- Aye: Mayor Austin ----------------------- Aye: _________________________ ORDINANCE NO. 27-15: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT BRAXTON PARK SUBDIVISION SECTION 2-B MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 September 22, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 97-15 AWARDING BID FOR PURCHASE OF A SIXTEEN (16) CUBIC YARD REFUSE PACKER, TO FREIGHTLINER TRUCK CENTERS, INC. EVANSVILLE OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $113,278.00 MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the purchase of a 2016 Freightliner chassis with a 16 cubic yard rear loading New Way Cobra refuse packer from Freightliner Truck Centers, Inc., in the amount of $113,278.00. MR. SIGHTS agreed that the subject of a packer including an arm could be discussed during the 2016-17 budget planning session. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent:  A Regular September 22, 2015 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 22, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 98-15 AWARDING BID FOR PURCHASE OF ONE (1) 4-DOOR SEDAN TO TOWN AND COUNTRY FORD, EVANSVILLE, INDIANA, IN THE TOTAL AMOUNT OF $17,471.00 MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt the resolution authorizing the purchase of a 2016 Ford Fusion four-door sedan from Town and Country Ford in the low bid amount of $17,471.00 COMMISSIONER ROYSTER stated that on the bid tabulation sheet there is an Item A listed, would you explain that? MR. SIGHTS noted that it was discussed in one of the memos. Those trucks came in over budget and Mr. Gunter elected to reject those bids and does not require Commission action. MR. GUNTER added that they were looking for smaller trucks for meter readers and servicers. The Ford F-150s are just too big for our needs but we will keep searching for an answer. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 22, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 100-15 AWARDING CONTRACT FOR VOLUNTARY SHORT TERM DISABILITY INSURANCE FOR CITY OF HENDERSON EMPLOYEES TO ALLSTATE BENEFITS AND DIRECTING THAT EMPLOYEE PREMIUM FOR VOLUNTARY SHORT TERM DISABILITY INSURANCE BE DEDUCTED FROM EMPLOYEE’S SALARY, POST-TAX MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt the resolution authorizing the award of a contract for voluntary short term disability insurance for City employees to Allstate Benefits. MRS. CONNIE GALLOWAY explained that during the September 15th Work Session, Benefits Insurance Marketing staff did not discuss their short disability insurance option. The  A Regular September 22, 2015 Allstate Benefits policy will replace the City’s present current voluntary short term disability policy. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 22, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 101-15 AWARDING BID OF CONTRACT FOR CONSTRUCTION OF THE SAND LANE SIDEWALK PROJECT PHASE B, (WOODLAND DRIVE TO MADISON STREET) TO KNIGHT CONSTRUCTION & EXCAVATING, INC., OF SLAUGHTERS, KENTUCKY, IN THE AMOUNT OF $169,143.20 CONTINGENT UPON KENTUCKY TRANSPORTATION CABINET APPROVAL MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution authorizing the award of a contract to Knight Construction & Excavating, Inc., for the construction of approximately 1,820 lineal feet of 6’ sidewalk on the east side of Sand Lane from Woodland Drive to Madison Street in the amount of $169,143.20 contingent upon approval from the Kentucky Transportation Cabinet. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 22, 2015 ATTEST: Carolyn Williams, City Clerk ________________________ RESOLUTION NO. 102-15 AUTHORIZING AWARD OF CONTRACT TO HERRON AUCTION, LLC, OF HENDERSON, KY FOR THE AUCTIONEERING SERVICES FOR THE SALE OF THE HOGE FARM LAND, IN THE AMOUNT OF 2% OF THE TOTAL SALE, BUT IF THERE IS NO SALE, THAN THE CITY WILL ONLY PAY FOR MARKETING EXPENSES AND AUTHORIZING CITY MANAGER TO APPROVE MARKETING CAMPAIGN MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt the resolution authorizing the award of a contract to Herron Auction, LLC, for auctioneer services  A Regular September 22, 2015 for the sale of the Hoge Farm Land in the amount of 2% of the total sale; and authorizing the City Manager to approve the marketing campaign. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 22, 2015 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. SIGHTS stated that “we have thrown a lot at the Board in the last two meetings and work session in terms of changing fringe benefits for employees, possibility of selling land, there is just a lot going on right now and staff appreciates the support that our elected officials have given us on every one of these. Thank you very much.” ____________________________________ COMMISSIONER’S REPORTS: COMMISSIONER MILLS stated that he had noticed that the City had done some street painting . He said that he noticed that the Library parking lot was being striped and do we usually do that? Mr. Sights said that they are a governmental corporation and don’t have the equipment to do it. Commissioner Mills also asked when the other fencing around the gas meter was coming down? Mrs. Kelsey answered said that she understood that, as part of that sale, the gas meter would be moved. _____________________________________ COMMISSIONER JOHNSTON thanked everyone who was involved with the ordinance regarding alcohol and hoped that it would work well with our festivals, etc. ____________________________________ MAYOR AUSTIN pointed to a check for a $200,000 grant for the upgrading our 911 System. Many thanks to all involved. ___________________________________ EXECUTIVE SESSION: PERSONNEL 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. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye:  A Regular September 22, 2015 Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: _____________________________________ MEETING RECONVENE: MOTION by Commissioner Royster, seconded by Commissioner Mills, 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 ---------------- Absent: Commissioner Royster ----------- Aye: Mayor Austin --------------------- Aye: _____________________________________ RESOLUTION NO. 103-15 RESOLUTION INCREASING SALARY OF ASSISTANT CITY MANAGER EFFECTIVE AS OF OCTOBER 1, 2015 MOTION by Commissioner Royster, seconded by Commissioner Mills, approving the City Manager’s evaluation of William L. “Buzzy” Newman, Assistant City Manager, and as a result of that evaluation, it is determined that Mr. Newman’s job performance warrants the granting to him of a salary increase to $104,657.12 effective October 1, 2015. The vote was called. On roll call, the vote stood: Commissioner Mills --------------- Aye: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Absent: 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 22, 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 ---------------- Absent: Commissioner Royster ------------ Aye: Mayor Austin ---------------------- Aye:  A Regular September 22, 2015 WITHOUT OBJECTION, the Meeting adjourned at approximately 6:18 p.m. _______________________ Steve Austin, Mayor ATTEST: October 13, 2015. ___________________________ Carolyn Williams, City Clerk