Board of Commissioners Meetings

120 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 20, 2017, 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. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels 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. Charles Stauffer, Police Chief Mr. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Ms. Tammy Willett-Speaks, Community Development Specialist Mrs. Claudia Wayne, Planning Commission Assistant Executive Director Mr. Chris Winstead, Ambulance Service Director Ms. Angela Hagedorn, Humane Society of Henderson County Executive Director Ms. Katie Crooks, Chief Officer, Animal Control Mr. Tony Iriti, Kyndle Chief Executive Officer Dr. Bill Patterson, Green Valley Baptist Association Mrs. Jan Hite Mrs. Emily Fife Ms. Erin Schmitt, the Gleaner Mr. Mike Richardson, Police Reserve Officer ________________________ PROCLAMATION: “World Changers Week” MAYOR AUSTIN thanked Dr. Patterson and the Green Valley Baptist Association on behalf of the entire City for their support and participation in bringing the World Changers to Henderson and for making such a positive change in our community. DR. BILL PATTERSON, Green Valley Baptist Association accepted the proclamation on behalf of the World Changers and reported that based on minimum wage, in excess of $1.5 million of volunteer work has been given to households in Henderson over the last twelve years that the Green Valley Baptist Association has been working with World Changers utilizing funds provided by the City through various federal and state grants. He indicated that not every city cares that much for its citizens and thanked the Board for partnering with them allowing help to people in need. ________________________ PRESENTATION: Humane Society of Henderson County ANGELA HAGEDORN, Humane Society of Henderson County Executive Director and Animal Control Director, indicated that she was excited to announce that the Humane Society is partnering with the Animal Control division on a court diversion program developed by Chief Officer Katie Crooks.  121 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 CHIEF OFFICER KATIE CROOKS announced that the Building Animal Responsibility and Knowledge (BARK) Court Diversion Program will allow people that have received citations for violating City or County ordinances, such as not having appropriate vaccinations, or no City/County license, or running at large, or breeding without a license, or other things like those, the opportunity to attend a class and pay a $35.00 fee instead of $235.00 in fines and court costs. The program is designed to educate pet owners on the responsibilities of pet ownership to reduce multiple citations for the same people. Ms. Hagedorn added that this will be the first program of its kind ever offered in Western Kentucky and the only operating program in the state. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Resolutions: Resolution 26-17: Resolution Approving Agreement with the Henderson City-County Airport Board Allocating $135,000.00 for Airport Services and Authorizing Mayor to Execute Agreement Resolution 27-17: Resolution Approving Agreement with the Downtown Henderson Partnership Allocating $46,000.00 for Services in Support of Downtown Henderson and Authorizing Mayor to Execute Agreement Resolution 28-17: Resolution Approving Agreement with Kentucky Network for Development, Leadership and Engagement, Inc. (KYNDLE), Allocating $60,000.00 for Economic Development Services and Authorizing Mayor to Execute Agreement Resolution 29-17: Resolution Approving Agreement with the Humane Society of Henderson County, Inc. Allocating $9,166.67 on a Monthly Basis for Animal Control and Shelter Services; and Giving Mayor Authority to Terminate Agreement with a Thirty Day (30) Written Notice, and the Mayor is Authorized to Execute Agreement on Behalf of City Resolution 30-17: Resolution Approving Memorandum of Understanding Between the City and Henderson County Tourist Commission Regarding Personnel for the Henderson Welcome Center Resolution 31-17: Resolution Approving Community Development Block Grant Subrecipient Agreement with the Father Bradley Shelter for Women and Children, Inc. (SWC) Resolution 32-17: Resolution Authorizing Funding for Henderson- Henderson County Planning Commission and Geographic Information System (GIS) in the Amount of $370,990.00 Motion by Commissioner Pruitt, seconded by Commissioner Bugg, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: 122 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 20, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 33-17: SECOND READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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 ATTEST: June 20, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 34-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ANIMALS AND THE KEEPING OF LIVESTOCK AN ORDINANCE AMENDING CHAPTER 6, ANIMALS, ARTICLE I, IN GENERAL, SECTION 6-1 KEEPING OF LIVESTOCK REGULATED OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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 ATTEST: June 20, 2017 Maree Collins, City Clerk ________________________  123 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 ORDINANCE NO. 35-17: SECOND READ ORDINANCE AMENDING EMPLOYEE MANUAL AN ORDINANCE AMENDING ARTICLE 212-ENTRANCE RATE OF PAY, AND ARTICLE 220-RATE OF PAY UPON JOB CLASSIFICATION CHANGE, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON TO DEFINE RATE OF PAY UPON PROMOTION AND TEMPORARY APPOINTMENT TO A HIGHER CLASSIFIED POSITION WITHIN THE NON-HAZARDOUS DUTY PAY PLAN MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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 ATTEST: June 20, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 36-17: SECOND READ ORDINANCE REGARDING CONTINUITY OF GOVERNMENT DURING STATE OF EMERGENCY ORDINANCE PROVIDING FOR THE ORDERLY SUCCESSION OF THE OFFICE OF MAYOR AND CITY OFFICES AND DEPARTMENTS NAMED IN THE KENTUCKY EMERGENCY OPERATIONS PLAN MOTION by Commissioner Bugg, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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 ATTEST: June 20, 2017 Maree Collins, City Clerk ________________________ DAWN KELSEY, City Attorney, reported that this annexation includes the property purchased by the City at the end of Borax Drive, property that Henderson Water Utility has that is contiguous to that property, and property that was purchased jointly with the County from the Nature Conservancy as part of the Canoe Creek Flood Mitigation Program. The County has graciously consented to allow the City to annex that property. The Planning Commission proposed that the portion that was the Nature Conservancy property be zoned City Agricultural and the other portion, which is the majority of the parcel, be zoned City Heavy Industrial. 124 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 ORDINANCE NO. 37-17: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, KNOWN AS PARCEL #46-65, (SECTION A) CONTAINING 71.756 ACRES MORE OR LESS, AND PARCELS #46-58.8, #46-64, AND #46-55 (SECTION B) CONTAINING 163.524 ACRES MORE OR LESS, LOCATED BETWEEN BORAX DRIVE AND OHIO DRIVE, IN HENDERSON COUNTY MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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 33-17: RESOLUTION TO RETAIN DORIN LUCK, STOLL KEENON OGDEN, PLLC TO PROVIDE LEGAL SERVICES FOR THE CITY OF HENDERSON CODE ENFORCEMENT BOARD MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to adopt the resolution to retain Dorin Luck, Stoll Keenon Ogden, PLLC, to provide legal services for the City Code Enforcement Board. DAWN KELSEY, City Attorney, indicated that as she had reported previously outside counsel would be required for the Code Enforcement Board as she will be representing the City in front of this Board. She reported that Mr. Luck has vast knowledge with many years of experience in land use law and is familiar with open records and open meeting requirements through his years of serving as City Attorney for the City of Sebree. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________  125 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 RESOLUTION 34-17: RESOLUTION APPROVING APPOINTMENT BY CITY MANAGER OF DYLAN WARD AS PROJECT MANAGER; AND APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the resolution appointing Dylan Ward as Project Manager and approving the Employment Agreement between the City and Mr. Ward. RUSSELL R. SIGHTS, City Manager, reported that the appointment of Dylan Ward as Project Manager is part of the reorganization that is necessary as a result of the abolishment of the Assistant City Manager position. This position will be a direct report to the City Manager and the Employment Agreement is recommended as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________ RESOLUTION 35-17: RESOLUTION INCREASING SALARY OF CITY ATTORNEY BY TWO AND EIGHTY HUNDREDTHS PERCENT (2.8%) EFFECTIVE AS OF JUNE 1, 2017 AND INCREASE ANNUAL VACATION ACCRUAL MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to approve the resolution increasing the salary of the City Attorney by two and eight tenths percent based upon her job performance merit evaluation and increase annual vacation accrual by five days. MAYOR AUSTIN reported that Mrs. Kelsey had an excellent annual review and thanked her for all her hard work. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________ 126 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 MUNICIPAL ORDER 26-17: MUNICIPAL ORDER APPROVING NEW EMPLOYMENT CONTRACT TO REPLACE AND SUPERSEDE THE FEBRUARY 23, 2016 FOR RUSSELL R. SIGHTS AS CITY MANAGER FOR A TERM BEGINNING JULY 1, 2017 AND ENDING JUNE 30, 2018 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the municipal order approving a new Employment Agreement to replace and supersede the February 23, 2016 Agreement for Russell R. Sights as City Manager for a term beginning July 1, 2017 and ending June 30, 2018. JAN HITE addressed the Board indicating that due to her previous experience on the Commission that she had some questions about the City Manager’s new employment contract and asked why this was being reviewed and superseded at this time with this Board only six months in office. COMMISSIONER PRUITT responded that it was because there were four new Commissioners and it was superseded. COMMISSIONER BUGG added that Mr. Sights had asked for an extension of his contract that was to terminate in November. JAN HITE indicated that while she was serving last year it was expressed that there wasn’t any intent to retire any time soon. She then asked if it was truly the desire of the City Manager to retire. MAYOR AUSTIN stated that he felt this was a personnel situation that the Board dealt with. JAN HITE indicated that based on her experience of working with Mr. Sights, she believed that his primary goal had always been to serve the citizens of Henderson and that his evaluations every year had demonstrated that he had either met or exceeded the standards. She stated that in her opinion that a one-year contract extension with the expectation that the individual can no longer serve the citizens of Henderson doesn’t seem right. She asked if the Board had conducted the City Manager’s evaluation yet. MAYOR AUSTIN responded that the evaluation was in process. He stated that her comments were well taken and appreciated. JAN HITE continued that she didn’t want to put Mr. Sights on the spot, but reiterated that six months ago he had not expressed any desire to retire. She asked him if it was his desire to retire in one year. RUSSELL R. SIGHTS, City Manager, responded that it was not his original plan. JAN HITE indicated that that raised concerns for her as a citizen and that she was curious as to why there was a forcible retirement at the end of his contract that supersedes the previous contract. MAYOR AUSTIN responded that in his opinion that was part of a contract negotiation and was a private situation unless the City Manager himself wanted to elaborate. He stated, “I don’t think the Board will elaborate on that.” RUSSELL R. SIGHTS, City Manager, said he was not going to elaborate on what was before the Board, but thought that once it is ready for a vote then there is nothing confidential about it. He indicated that he had no problem with the Board answering questions and that it would not violate his privacy or confidentiality. JAN HITE then asked a series of questions: If the Board was displeased with the City  127 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 Manager’s service thus far? Was he not meeting expectations? Has an evaluation and a chance to know what those expectations are been given? Has he been told that he is not meeting them? Is it a visioning issue? She stated “I think that this is sorely premature and the date of November set by the last Commission for that contract to end was set very purposefully with that date. It was to give the new Commission a chance to actually have almost a full year working with him to determine if you wanted to maintain the contract, extend it, if he chose to retire, whatever the circumstances be.” She concluded that it was her opinion that the Board would be remiss to follow through with this contract. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 27-17: MUNICIPAL ORDER REVISING CONTRACT OF DONNA B. STINNETT, PUBLIC INFORMATION OFFICER BY CHANGING AND APPROVING EMPLOYMENT AGREEMENT, AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF CITY CONTINGENT ON THE SUCCESSFUL COMPLETION OF PRE-EMPLOYMENT SCREENINGS MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adopt the municipal order approving a new Employment Agreement for Donna B. Stinnett as new Community Relations Manager/Public Information Officer effective July 1, 2017 with increased salary and annual vacation accrual. RUSSELL R. SIGHTS, City Manager, reported that this is also a part of the reorganization as a result of the abolition of the Assistant City Manager position. The duties that have been expanded for the Community Relations Manager/Public Information Officer are enumerated in this Agreement and are recommended as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________ MAYOR AUSTIN introduced Chris Winstead, Henderson/Union County Ambulance Service Director, and thanked him for his service to the community of Henderson. 128 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on June 20, 2017 MUNICIPAL ORDER 28-17: MUNICIPAL ORDER ACCEPTING QUOTE FROM STRYKER, PORTAGE, MICHIGAN, FOR THE PURCHASE OF AN AMBULANCE ACCESSORY IN THE AMOUNT OF $23,225.00 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adopt the municipal order approving the purchase of a Stryker EMS Power-LOAD Cot for the Henderson Ambulance Service. CHRIS WINSTEAD, Ambulance Service Director, explained that this is a loading system that retrofits in the back of the ambulance to assist with loading the stretcher. New regulations require that new ambulances have this system installed when they are purchased. This will help reduce the chance of back injury to ambulance personnel as once the stretcher is put up to the back of the ambulance the system attaches and pulls the stretcher in locking it in place also reducing the chance of injury to a patient during transport. This will be the third unit to have this system that can be moved to a different vehicle when this unit is retired. This is a sole source purchase so that it will work with our current Stryker stretchers. Capital Budget funds are available due to insurance recovery from accidents earlier this year. DAWN KELSEY, City Attorney, reported that Henderson Fiscal Court approved this purchase at their meeting earlier today. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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: June 20, 2017 Maree Collins, City Clerk ________________________ MEETING ADJOURN: MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 6:10 p.m. ___________________________ Steve Austin, Mayor ATTEST: July 11, 2017 ______________________ Maree Collins, City Clerk