Board of Commissioners Meetings

177 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 25, 2016, 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 Rick Stratton, Family Ministry, First Baptist Church followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Jesse Johnston, IV Commissioner Robert M. (Robby) Mills Commissioner X R. Royster, III ALSO PRESENT: Mr. Russell R. Sights, City Manager Ms. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Brian Williams, Public Works Director Mr. Charles Stauffer, Police Chief Mr. Trace Stevens, Parks & Recreation Director Mrs. Connie Galloway, Human Resources Director Mr. Scott Foreman, Fire Chief Mrs. Donna Veazey, Secretary Fire Department Mr. Terry Veazey Mr. Nathan Veazey Mr. Chad Moore, Assistant Fire Chief Mr. Josh Dixon, Fire Lieutenant Mr. Rob Mindrup, Fire Engineer Mr. Travis Denton, Fire Engineer Mr. Brad Mattingly, Fire Engineer Mr. Will Ainsworth, Fire Engineer Mr. Adam Updegraff, Firefighter Mr. Chris Sampley, Firefighter Ms. Brenda Wethington, Mass Transit Superintendent Mr. Doug Boom, Engineer Mr. John Stroud, Code Inspector Mr. Brian Bishop, City-County Planning Executive Director Mr. Herb McKee, Planning Commission Mr. Tom Davis, City Commissioner Candidate Mr. Brad Staton, City Commissioner Candidate Mr. Robert Pruitt, City Commissioner Candidate Mr. Dennis Branson Mr. Mike Chambers Mr. Jim Marshall Mr. Taylor DeCorrevont Ms. Sarah Stewart, DHP Assistant Executive Director Ms. Brittany Ross, SurfKy Reporter Ms. Laura Acchiardo, the Gleaner ________________________ 178 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 PRESENTATION: 20-Year Service Award MAYOR AUSTIN expressed his appreciation to Mrs. Donna Veazey, Fire Department Secretary, for her twenty years of service and dedication to the City. Mrs. Veazey indicated that it doesn’t seem like it has been 20 years and she stated, “That is over 19 years at the fire department and they still won’t let me drive the fire truck, and I could do it as long as I didn’t have to turn any corners. But I’m not gone yet, so there is still a chance.” She expressed that she feels very blessed and very fortunate to have a job where your co-workers are like your second family. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: October 11, 2016, Regular Meeting Motion by Commissioner Robert M. Mills, seconded by Commissioner Jesse Johnston, to approve the items on the Consent Agenda as presented. 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 consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 25 2016 Maree Collins, City Clerk ________________________ CITY ATTORNEY’S REPORT: DAWN KELSEY, City Attorney, reported that an application for a map amendment to rezone the clubhouse at Player’s Club with five acres to general business was brought before the Planning Commission and on September 6th the Planning Commission approved Findings of Facts to support that rezone. Under our adopted process if no objections are received within 21 days the Planning Commission’s ruling becomes final; however, two different requests were received on September 26th for the legislative body to make the final determination on the map rezoning. The Board has 90 days from the date which the Planning Commission took its action in which to take final action on those requests. A determination of how to proceed will need to be resolved tonight due to that time constraint. Option one is to have a full public hearing. The Planning Commission conducted a public hearing and that is one option. If a full public hearing is conducted, statute requires that it be advertised within a set period of time. Option two is to review the Planning Commission record and Findings of Facts and use those to make a final determination. The third option is to review the Planning Commission record and Findings of Facts and allow those people that testified at the Planning Commission hearing to come in to summarize their testimony and answer any questions that you may have relating to that testimony. No new testimony would be allowed under this option. Upon discussion the Board determined to review the Planning Commission record and Findings of Facts and hear testimony from only those that spoke at the public hearing. The meeting was scheduled for Wednesday, November 9th at 5:30 p.m.  179 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 MR. JIM MARSHALL asked if those that attended the Planning Commission public hearing but did not speak would be allowed to speak as he indicated that he was under the impression that those that attended but did not speak at the Planning Commission public hearing would be allowed to speak when this Board met to review the rezoning request. MR. TAYLOR DECORRVANT, indicated his appreciation of the legality of only allowing ones that spoke, speak again; however, he also expressed his displeasure with incorrect information dispensed at the Planning Commission meeting and that it was specifically stated that this would automatically come to the City Commission for final determination. He indicated that he did the research and filed an appeal. BRIAN BISHOP, Planning Commission Executive Director, stated, “I’m not sure where the confusion arose. We described KRS 100.2111, I believe it is basically, if someone files a request that the City Commission hear the rezoning the City Commission has the options that Dawn outlined for you. Once we have our meeting and the rezoning we have no way to say when they will be able to speak, if they will be able to speak, because we have no idea if someone will file a request.” He further stated, “If someone got that information by mistake I apologize, that was not our intent.” Upon further discussion the Board of Commissioners determined to proceed with scheduling a full public hearing at a special called meeting for 5:30 p.m. on Thursday, November 10th to hear testimony relating to the rezoning of the Player’s Club Golf Course clubhouse and 5.688 acres from Agricultural-Golf Course Restricted Use to General Business with a narrative development plan. It was further determined that there would be a five minute time limit set on each speaker, not including the applicant, and that other rules of conduct would be announced at the beginning of the hearing. Commissioner Mills requested a determination from the City Attorney if the Planning Commission public hearing record could be introduced as part of the new record. MAYOR AUSTIN indicated that the Planning Commission and its citizen members from all walks of our community that we depend on to make sound decisions serves a very important role in our community and should be commended on all the work that was done relating to this rezoning request. ORDINANCE NO. 34-16: FIRST READ: ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT HARDING AVENUE KNOWN AS CORNBLEET & III C OF KY., LLC CONSOLIDATION SUBDIVISION LOT 1 OF LOTS 1 & 2 MOTION by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. BRIAN BISHOP, Planning Commission Executive Director, indicated that all of the necessary approvals from the City Engineering department were received on this and that the Planning Commission had accepted the sidewalks at their 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: 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. ________________________ 180 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 RESOLUTION 56-16: MAYOR AUSTIN indicated that the City Manager had completed the annual evaluation of the Assistant City Manager and that the Board had reviewed it and agreed with the rating score. Under the employee merit evaluation system other employees that have received that score were granted a 1.5% merit increase. Mayor Austin then asked for a motion to approve a 1.5% salary increase for Assistant City Manager William L. Newman, Jr. MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite to approve inserting the verbiage ‘by 1.5%’ to the title of the resolution approving a salary increase for Assistant City Manager William L. Newman, Jr. 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: RESOLUTION 56-16: RESOLUTION INCREASING SALARY OF ASSISTANT CITY MANAGER EFFECTIVE AS OF OCTOBER 1, 2016 BY 1.5% MOTION by Commissioner Jan Hite, seconded by Commissioner X R. Royster, to adopt the resolution approving a merit evaluation salary increase of one and one-half percent for Assistant City Manager William L. Newman, Jr. effective October 1, 2016, increasing salary to $108,362.14. 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 ATTEST: October 25, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 56-16: MUNICIPAL ORDER ACCEPTING AGREEMENT BETWEEN HUGH STONE CONSTRUCTION, LLC AND THE CITY OF HENDERSON, AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT ON THE CITY’S BEHALF MOTION by Commissioner Jan Hite, seconded by Commissioner Jesse Johnston, to adopt the municipal order accepting an Agreement between the City and Hugh Stone Construction, LLC relating to the installation of infrastructure on Sand Castle Drive in front of Lots 56 and 41. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Nay:  181 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 25, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 53-16: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF ONE (1) FOUR WHEEL DRIVE TRACTOR WITH CAB FOR THE PARKS DEPARTMENT TO WRIGHT IMPLEMENT 1, LLC. OWENSBORO, KENTUCKY MOTION by Commissioner Jesse Johnston, seconded by Commissioner Jan Hite, to adopt the municipal order awarding the bid to Wright Implement 1, LLC of Owensboro, Kentucky, in the amount of $29,129.02 in strict accordance with their bid as submitted pursuant to Bid Reference 16-24 for the purchase of a four-wheel drive tractor with cab. RUSSELL R. SIGHTS, City Manager, indicated that award was recommended to the firm that met all the specification requirements as not all of the bids received met specifications. He further indicated that Trace Stevens and Robert Gunter were present if there were questions relating to this bid. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 25, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 54-16: MUNICIPAL ORDER AWARDING BID FOR CLEANING SERVICES FOR THE PUBLIC SAFETY BUILDING (FORMERLY PEABODY BUILDING) TO FRANTZ BUILDING SERVICES, INC., OF OWENSBORO, KENTUCKY MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, to adopt the municipal order awarding the bid to Frantz Building Service, Inc. of Owensboro, Kentucky to provide cleaning services for the Public Safety Building in the amount of $2,100.00 per month as submitted pursuant to Bid Reference 16-28. RUSSELL R. SIGHTS, City Manager, reported that this is the same vendor that currently provides the service and indicated that Terry Stone and Robert Gunter were present if there were questions relating to the bid. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: 182 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 25, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 55-16: MUNICIPAL ORDER AWARDING BID FOR ONE (1) NEW 2017 4WD MODEL CREW CAB 4-DOOR PICKUP TRUCK TO JOHN JONES AUTO GROUP, CORYDON, IN MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, to adopt the municipal order awarding the bid to John Jones Auto Group of Corydon, Indiana, in the amount of $27,923.00 in strict accordance with their bid as submitted pursuant to Bid Reference 16-29 for the purchase of a four-wheel drive crew cab pickup truck. RUSSELL R. SIGHTS, City Manager, indicated that subsequent to the agenda packet distribution, the Information Technology department has requested that the Ford Freestar van be transferred to their department to be used to transport computers and other equipment. Brian Williams, Brenda Wethington and Robert Gunter were present to answer any questions relating to the purchase or the transfer. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 25, 2016 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, reported that he had three items for discussion. The first item was recognition to the Finance department headed by Robert Gunter and all the people that participated in preparing the budget, including all the departments and their staff on receiving our eighth Distinguished Budget Presentation Award given by the Government Finance Officers Association for the preparation and implementation of the 2016 budget. The second item is an informational item to be discussed in detail at the November 15th Work Session. The Federal Wage and Hour guidelines relating to the minimum annual salary of employees that are exempt from overtime are changing and we have four job classifications that will need to be reviewed before that change takes effect in December. Those position classifications are currently exempt from overtime requirements, but when the new regulations goes into effect their salary will be below the minimum salary to retain exempt status. Either the salary will need to be adjusted to meet the new minimum to remain exempt or the positions will need to be classified as non-exempt and be eligible for overtime. Detailed information relating to the positions, current salaries and other related information will be provided in the work session agenda packet.  183 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 CONNIE GALLOWAY, Human Resources Director explained that the four positions effected by the new regulations are Golf Course Manager, JFK Center Supervisor, Police Lieutenants and the Public Information Officer. DAWN KELSEY, City Attorney, explained that under the former regulation the minimum annual salary was $23,660.00 for exempt positions and under the new regulation, beginning December 1st, the minimum annual salary for an exempt employee is $47,476.00. The third and last item is a request from Sarah Stewart, Downtown Henderson Partnership, to close Main Street between 1st and 2nd Streets from 2:00 to 6:00 p.m. to allow picnic tables in the street for Halloween. He reported that he had discussed this with Mrs. Stewart previously by phone and indicated to her that he was inclined to deny the request due to traffic flow concerns and that it may present a false impression of security to close one street allowing children to run back and forth across the street and then have them go around the corner to do the same thing but that street isn’t closed. He further indicated that he had relented and informed Mrs. Stewart that if her Board of Directors made an official request for the closure that he would approve it. He then asked Police Chief Stauffer to make a recommendation. CHARLES STAUFFER, Police Chief, indicated that he was not in favor of closing the street and felt that with the amount of traffic issues as it is on that night and with the young people downtown it would create even more problems, especially for emergency vehicles trying to get through if they were needed. SARAH STEWART, DHP Assistant Executive Director, thanked the Board for taking the time to hear the request and apologized for the late notice. She indicated that there had been miscommunication on coordination of the downtown Halloween events this year and when she returned from a conference earlier in the week she realized that no event permits had been submitted to the City. The intent of the request was to relieve some of the congestion and address complaints of children darting out into traffic in that area. She was asked if they had addressed the parking issue with business owners located in that area and if they were aware that parking would be prohibited prior to the street closing in order to ensure that most all vehicles were out of the area. She indicated that the business owners had been in favor of closing the street in order to try to alleviate some of the congestion. Mrs. Stewart reported that she had sent out an email to her Board requesting formal authorization to submit the requested street closure; however, there has not been sufficient time to have received responses at this time. MAYOR AUSTIN stated that the Police Chief has made his recommendation and the City Manager has made his recommendation along with conditions that would allow the closure and that the Board will support that decision. ________________________ COMMISSIONER’S REPORT: COMMISSIONER HITE thanked everyone for the birthday wishes and the cupcake on her last birthday with the Board. COMMISSIONER ROYSTER requested that he receive copies of the departmental monthly reports from the City Manager. Mr. Sights asked if he preferred to receive them by email or paper. Mayor Austin asked each of the other Commissioners if they would also like to receive the reports. All answered in the affirmative and requested the reports by email. Mr. Sights indicated that over the years we have had Commissioners that wanted the reports and others that did not and that is the mode we have been in for the past several years. The reports for the previous month should be available to be forwarded for review after the 20th of each month. COMMISSIONER MILLS indicated that he would like to clarify for the record from earlier tonight that he agrees with the Mayor that the Planning Commission serves a great service to our community and their citizen members are supposed to voice and represent the citizens. He 184 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 25, 2016 indicated that in his tenure as a Commissioner there had been only a very few appeals brought before this Commission. He stated that “when I walked in here tonight I was in favor of reviewing the record and giving the people that testified the opportunity to testify, but I really think that that is going to be too cumbersome and it is going to end up creating more distrust in the process than it creates trust.” He continued, “it is an important decision, it was a close vote, I think we are due to give them full review of that.” ________________________ EXECUTIVE SESSION: Litigation MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite to go into Executive Session pursuant to the provisions of KRS 61.810 (1) (c) for the discussion of pending litigation on behalf of the city. 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 RECONVENED: MOTION by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, 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 Robert M. Mills, seconded by Commissioner Jan Hite, 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, Mayor Austin declared the Meeting adjourned at approximately 7:35 p.m. ___________________________ ATTEST: Steve Austin, Mayor November 22, 2016 ______________________ Maree Collins, City Clerk