Board of Commissioners Meetings

A Regular October 13, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 13, 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 Larry Butler, Victory Baptist 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 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 Mr. Robert Gunter, Finance Director Mrs. Karla Beckhard, Human Relations Specialist Mrs. Regina Bender, Benefits Coordinator Mr. Trace Stevens, Parks and Recreation Director Mr. Charles H. Stauffer, Police Chief Mr. Marvin Hancock, Acting Fire Chief Mr. Brian Bishop, City-County Planning Director Mr. Leason Neel, HWU Chief Financial Officer Mrs. Raysha Johnston Ms. Darla Jones, Kyndle Ms. Joan Hoffman Mr. A. J. Casey Ms. Melissa Clement, United Way Director Mr. Mike Richardson, Police Reserve Officer Ms. Erin Schmidt, The Gleaner __________________________ RECOGNITION OF VISITORS: MAYOR AUSTIN introduced Ms. Melissa Clement, new United Way Director, and said that they are moving right through on the campaign right now. Mrs. Connie Galloway and Mrs. Karla Beckherd are both on the United Way Board. PRESENTATION: MAYOR AUSTIN welcomed Ms. Joan Hoffman, explained that she was here to make an invitation to everyone for an event that will take place on October 24, 2015, at the Fine Arts Center. The name of the event is “Not in Our Town, a Summit on Race, Poverty, and Inequality.” She stressed that having a dialogue on these subjects and to hopefully lead to action plans to go forward. Ms. Lisa Sharon Harper will give the keynote address at this event. _________________________ PRESENTATION: 20-YEAR SERVICE AWARD MAYOR AUSTIN expressed his appreciation to Preston Herndon, Police Officer, for his years of service and dedication to the City. Officer Herndon was assigned to Detective duties in November 2000 for a three year cycle. He was again assigned Detective duties in 2006 and is currently the senior Detective of the department.  A Regular October 13, 2015 CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to list the items on the Consent Agenda. Minutes: September 22, 2015, Regular Meeting Resolution: RESOLUTION NO. 104-15 DECLARING REAL PROPERTY LOCATED BETWEEN OLD MADISONVILLE ROAD (KY285) AND HENDERSON CORPORATE PARK, & COUNTRY VIEW SUBDIVISION BETWEEN CANOE CREEK & ROCKS ROAD OFF SOUTH GREEN STREET (US 41A/60) (KNOWN AS THE HOGE FARM); CONTAINING 281.2 ACRES, MORE OR LESS, SURPLUS REAL PROPERTY AND AUTHORIZING IT TO BE SOLD AT AUCTION BY THE CITY PURSUANT TO KRS SECTIONS 81.083 AND 45A.425 MOTION by Commissioner Royster, seconded by Commissioner Johnston, to approve the items on the Consent agenda. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: WHEREUPON Mayor Austin declared the minutes approved and the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 13, 2015 ATTEST: Carolyn Williams, City Clerk __________________________________ RESOLUTION NO. 105-15 CONSENTING TO THE TRANSFER OF CONTROL OF INSIGHT COMMUNICATIONS MIDWEST LLC, FROM TIME WARNER CABLE INC. TO CHARTER COMMUNICATIONS INC. AND AUTHORIZING MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH INSIGHT COMMUNICATIONS MIDWEST LLC, AND AN ASSUMPTION AGREEMENT WITH CHARTER COMMUNICATIONS, INC. MOTION by Commissioner Hite, seconded by Commissioner Royster, to approve the resolution consenting to the transfer of control of Insight Communications Midwest LLC, from Time Warner Cable Inc., to Charter Communications Inc., and authorizing the Mayor to execute a Settlement Agreement with Insight Communications Midwest LLC, and an Assumption Agreement with Charter Communications, Inc. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye:  A Regular October 13, 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 October 13, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 106-15 UPDATING CITY OF HENDERSON HEALTH BENEFIT PLAN BY CLARIFYING HENDERSON MUNICIPAL POWER & LIGHT EMPLOYEES AND HENDERSON WATER UTILITY EMPLOYEES AS ELIGIBLE EMPLOYEES MOTION by Commissioner Mills, seconded by Commissioner Hite, to approve resolution updates to the City of Henderson Employee Health Plan by clarifying regular full time employees of Henderson Municipal Power and Light and Henderson Water Utility as eligible participants. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- 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 October 13, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 107-15 TO CONTINUE WAIVER BENEFIT FOR EMPLOYEES WHO ELECT TO WAIVE CITY HEALTH INSURANCE COVERAGE ON THEMSELVES OR THEIR SPOUSES MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt resolution approving the continuation of the “waiver benefit” for those employees that elect to waive the City health insurance coverage on themselves and/or their spouse. The benefit is available to those employees enrolled in the CERS retirement system or employed by the City as a School Crossing Guard. MR. SIGHTS stated that in 2012, the Board authorized the waiver benefit for those employees or family members who would waive off of our health insurance plan and provided compensation for them doing so. That policy had a “sunset clause” in that it expires this year and is subject to review of the Board and we are recommending that you continue it like it started out originally and it will take a vote and action of the Board. MAYOR AUSTIN asked if this resolution also had a “sunset clause”? DAWN KELSEY replied a future commission could vote to end it. MAYOR AUSTIN explained that the problem that he had was in 2016 it might sift through the sand and it won’t be noticed.  A Regular October 13, 2015 MOTION by Mayor Austin, seconded by Commissioner Mills, to amend the resolution to have a continuation of the “sunset clause” on the reimbursement of waiver benefits to December 31, 2018. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: WHEREUPON the amendment to the resolution stands. WHEREUPON Mayor Austin declared the Amended Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor October 13, 2015 ATTEST: Carolyn Williams, City Clerk _______________________ RESOLUTION NO. 108-15 AWARDING BID FOR POOL PAINTING SERVICE FOR THE ATKINSON POOL AND WATERSLIDE TO TRI-STATE PAINTING COMPANY, INC. OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $25,890.00 MOTION by Commissioner Hite, seconded by Commissioner Mills, to approve the resolution authorizing the award of a bid to Tri-State Painting Company, Inc., Evansville, for painting of the Adkinson Park Pool and Waterslide Super Structure in the low bid amount of $25,890.00 MR. TRACE STEVENS explained that Tri-State Painting Company, Inc. painted the pool the last time it was painted and we were satisfied with their work. COMMISSIONER HITE asked if we were sure that the low bidder understood exactly what is expected. Mr. Stevens stated that Mr. Mark Simmons, Recreation Program Manager, walked the vendors through step by step and it is a firm bid. The City Manager advised the Board that there were no change orders in the contract and none would be considered without the Board of Commissioner’s approval. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- 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 October 13, 2015 ATTEST: Carolyn Williams, City Clerk  A Regular October 13, 2015 REPORT: MR. BRIAN BISHOP, EXECUTIVE DIRECTOR, CITY-COUNTY PLANNING COMMISSION, recommended approval of the following rezoning: Rezoning #1048 with Development Plan –Between Burdette Street and CSX Railroad Rezoning #1052 –Merritt Drive The Planning Commission’s Recommendation on Zoning Map Amendment shall be final and the property officially rezoned, unless an aggrieved party or the Board of Commissioners files a written notice to the Planning Commission within the allotted twenty-one (21) day time period to have the Board of Commissioners make the final decision. ___________________________ CITY MANAGER’S REPORT: MR. SIGHTS announced that on October 27th, at 4:00 p.m., here in the Assembly Room, a reception will be held honoring Carolyn Williams who has announced her retirement. A public invitation is extended to anyone listening and a few invitations will be issued to people who may not know it otherwise. ___________________________ MR. SIGHTS reminded the Board that a Public Information Specialist position was included in the Fiscal 2016 budget as a part-time position in the Administration department. A Public Information Specialist Selection Committee consisting of Mayor Steve Austin, Assistant City Manager William Newman, City Attorney Dawn Kelsey, Executive Assistant Maree Collins and him reviewed applications, set up four interviews and ultimately conducted interviews with two candidates for the position. Upon discussion, during and after the interviews, it became apparent to the Committee that due to the time sensitive duties and likely irregular hours required of this position that a full time person would better suit the City’s needs. Once these recommendations are considered by the Board, staff will proceed with re-advertising the position. COMMISSIONER MILLS suggested that perhaps HWU and HMP&L would agree to share a part of the cost. Mr. Sights agreed to speak with each utility. WITHOUT OBJECTION, the Board agreed to proceed ______________________________ MR. SIGHTS referred to an email that he sent to the Board yesterday regarding the Kentucky Transportation Cabinet making available to the Metropolitan Planning Organizations (MP0’s) in Kentucky $5000,000 for new planning activities in local transit programs. Grant applications would be competitive and must be submitted before October 30, 2015. There is a 20% match required if funding is approved. One of the possibilities for funding would be to conduct a Comprehensive Operational Analysis (COA), but this type analysis is more geared to the large systems with larger populations and multiple routes running at the same time. After discussion of the pros and cons, the Board decided to forgo this option. ______________________________ MRS. KARLA BECKHARD presented the first recruitment/employment video advertising the wonderful things about the City of Henderson. She plans to place the video on the City of Henderson website as well as Channel 7. She will also be using this video at job fairs and other employment type events. MR. SIGHTS thanked Karla for her taking the lead by doing all of the preparation work, the field work as well as working with the consultant.  A Regular October 13, 2015 COMMISSIONER’S REPORTS: COMMISSIONER ROYSTER passed on an article from the newspaper regarding a new restaurant opening here and considered having a food truck “but was advised that introducing the concept and securing necessary licensing might be a challenge in Henderson.” Commissioner Royster stated that in the past, Henderson was considered “not friendly to businesses,” and what could we do about that? Mayor Austin added that Mr. Sights met with that business owner the very next morning and asked him what processes he had gone through. The City Manager informed the Board of Commissioners that he had learned that the negative or questionable comments made in the story were not from a city employee. Mrs. Kelsey has researched food trucks in Owensboro, Covington, Louisville-Lexington, and around the state. Mr. Sights said that information gathered from other cities could be gathered and presented at a Work Session for discussion or an ordinance could be drafted for discussion. Mr. Sights agreed that staff would pull some information together for a future Work Session. ____________________________ REAPPOINTMENT: PARKS & RECREATION COMMISSION REVEREND ANTHONY ANGUISH – TERM TO EXPIRE SEPTEMBER 14, 2019 APPOINTMENT: PARKS & RECREATION COMMISSION DONNA SPENCER – TERM TO EXPIRE SEPTEMBER 14, 2019 MOTION by Commissioner Mills, seconded by Commissioner Hite, and upon recommendation of Mayor Steve Austin to reappoint Reverend Anthony Anguish to a four-year term on the Parks and Recreation Commission. Also, upon recommendation of Mayor Steve Austin to appoint Donna Spencer to replace Michelle Hope to a four-year term on the Parks and Recreation Commission. Said terms to expire September 14, 2019. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: ______________________________ EXECUTIVE SESSION: REAL PROPERTY MOTION by Commissioner Royster, seconded by Commissioner Johnston 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 between Old Madisonville Road (KY 285) & Henderson Corporate Park, & Country View Subdivision between Canoe Creek & Rocks Road off South Green Street (US 41A/60); and pursuant to KRS 61.810(1)(b) for the purpose of possible sale of property located in the area of Fifth Street, Canoe Creek, Third Street and Bob Posey Street; and pursuant to KRS 61.810(1)(b) for the possible purchase of property located in the area of Pennyrile Parkway, Fifth Street, Kimsey Lane and North Green Street, in that publicity would likely affect the value of the property to be sold or purchased.  A Regular October 13, 2015 The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: ________________________________ MEETING RECONVENE: MOTION by Commissioner Mills, seconded by Commissioner Royster, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: _____________________________ MEETING ADJOURN: MOTION by Commissioner Hite, seconded by Commissioner Johnston to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Johnston ----------- Aye: Commissioner Hite ---------------- Aye: Commissioner Royster ----------- Aye: Commissioner Mills --------------- Aye: Mayor Austin --------------------- Aye: _____________________________ WITHOUT OBJECTION, the Meeting adjourned. _______________________ Steve Austin, Mayor ATTEST: October 27, 2015. ___________________________ Carolyn Williams, City Clerk