A Regular August 28, 2012

Transcription

1 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday,, 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 Jeff Ferguson, First Assembly of God Church, and Mayor Steve Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert M. (Robby) Mills Commissioner Alan C. Taylor Commissioner Mike Farmer Commissioner Robert N. Pruitt ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. William (Buzzy) Newman, Assistant City Manager Mrs. Randall Redding, Acting City Attorney Mrs. Mr. John Reed, Chief of Police Mr. Aaron Stewart, Police Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mrs. Karla Beckherd, Human Resources Specialist Mrs. Frances Malony, Benefits Coordinator Mrs. Kathy Ferrell, City/County Planning Director Mr. Tom Williams, HWU Director o f Engineering Mr. Leeson Neel, HWU Chief Financial Officer Mrs. Mary Ann Campbell, Member, Henderson Garden Club Ms. Pat Sale, President, Henderson Garden Club Ms. Ginger Simpson, Member, Henderson Garden Club Ms. Gloria Miller, Member, Henderson Garden Club Ms. Pat Black, Member, Henderson Garden Club Ms. Emily Irby, Breakfast Lions Club President Mr. Tom Davis Mr. Frank Boyett, The Gleaner PRESENTATION: GARDEN CLUB PROPOSAL MRS. MARY ANN CAMPBELL explained that the Garden Club was asking for the City s permission and help with the installation of two flag poles as well as landscaping at the Welcome to Henderson sign located at the twin bridges. The Garden Club is requesting Henderson Power and Light to take delivery and install the poles and lights. Mayor Austin congratulated her on the plan and presentation and Mr. Buzzy Newman, Assistant City Manager, agreed that HMP&L have already agreed to these requests. MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to authorize and approve the Garden Club Plan. MR. RUSSELL R. SIGHTS, CITY MANAGER, remarked that there were not many times that we see organizations come to the Board of Commissioners dealing with

2 a project where they have the money to get it done and not ask the City to help. That is very refreshing and appreciated and we appreciate you all doing this activity regardless of the money situation. MRS. CAMPBELL introduced Ms. Pat Sale, President of the Garden Club, and members Ms. Pat Black, Ms. Ginger Simpson, and Ms. Gloria Miller. PRESENTATION: BREAKFAST LIONS CLUB REQUEST MS. EMILY IRBY addressed the Board regarding their decision to take over Christmas in the Park activities. Ms. Irby stated that the Breakfast Lions were aware of the financial obligation in undertaking this service to our community and the club have plans in place to raise the necessary funds to keep Christmas in the Park updated with hopes of improving, like adding more lighted displays, it in the future. The Breakfast Lions have budgeted $5,000 annually to maintain Christmas in the Park. Ms. Irby stated that $5,000 was set aside for this year and hopefully they can increase the amount in the future, depending on the success of Tri-Fest, and other smaller fund raisers. Ms. Irby requested $1,000 per year for five years to help cover expanses with the project. MOTION by Commissioner Mills, seconded by Commissioner Farmer, to grant $1,000 annually to the Breakfast Lions for the next five years as matching funds toward the maintenance in the Christmas in the Park project. REPORT ON REVISED EMPLOYEE EVALUATION FORMS MRS. CONNIE GALLOWAY, HUMAN RESOURCES DIRECTOR, made a presentation on the new evaluation forms the city will be using. Mr. Sights noted that the new forms were created after the Board of Commissioners asked for a revision of the evaluation process. Mrs. Galloway explained that the new evaluation forms were improved with input from department heads which allowed them the opportunity to create a customized form relating to each department s personalized objectives. COMMISSIONER ROBERT PRUITT asked if the evaluation would be used to give raises? Mrs. Galloway explained that city works get two types of annual raises: one based on cost of living and another based on performance. Commissioner Pruitt stated that the evaluation has been stretched out over so many different categories so it will be impossible to get the maximum raise because of so many obstacles so most of the employees are never going to get the maximum raise. Commissioner Pruitt asked Do you have the statistics of our employees last year and how many got the maximum raise? Mr. Sights stated that he would really prefer that we take time and put out a memo on this question rather than guessing off the top of our heads. Mr. Sights agreed

3 to get that information to the Board. Other members of the Board of Commissioners agreed that merit raises should most definitely be based on performance. COMMISSIONER MILLS explained that using anything other than an employee evaluation form creates a disincentive to excel. COMMISSIONER PRUITT agreed that our evaluations are great but when I see a sanitation worker out there in picking up garbage when hundreds of thousands of maggots are in it; in the cold weather, to me that s maximum when it comes to evaluations, I don t know what more you can evaluate. There is nothing wrong with evaluations but when you put in things so that it makes it hard for them to get the maximum, especially for a sanitation worker who is making the minimum before your comments Mr. Mills. I think to me right there, it prevents what I m trying to say loyally to a worker. I think any city sanitation worker who comes to work and does his job and puts his hands where they put their hands for us, needs to deserve maximum pay. Now it s nothing wrong with a separate evaluation and tell him that maybe that or whatever but it shouldn t be stretched out in form where it can affect on his pay because his major job, he s doing and I think he should get paid his maximum raise because he s doing his major job for the people who don t want to put their hands in garbage cans like Mr. Mills. MAYOR AUSTIN told Mrs. Galloway that he felt that where this evaluation is better and stronger because each one of the categories of their job descriptions are weighted and the most important things in that job description are weighted higher than the least important things in that job description, so if employees are doing their primary jobs very well, then that s going to show up on that evaluation. COMMISSIONER FARMER said I want us not to lose sight of the fact that the evaluation exists to help the employee improve his performance and subsequently help us as a community have out employees perform well for the public. It s not just a tool to decide raises, it s a tool to try to make us all that we can be. Without a true and honest evaluation, there will be no improvement. It s all about improving how we serve the public. COMMISSIONER TAYLOR agreed that performance evaluations can be valuable to the employee because sometimes employees don t know they are performing under par. fair. COMMISSIONER PRUITT explained that he did not think the playing field was COMMISSIONER FARMER asked Commissioner Pruitt if he would suggest that to make it fair; that we give everyone the maximum increase? COMMISSIONER PRUITT responded Well, if they are doing the major job they are hired to do and the Chief of Police hires a guy and he puts his life on the line every night I want him to get the maximum increase. I don t know about you, you don t put your life on the line every day, so the desk guy that is hired who puts that gun on and comes to protect me, I want him to get the maximum, I don t know about you. COMMISSIONER FARMER responded to suggest that our best employees and our worst employees be compensated at the same rate is not acceptable for me. I think that people who outperform others deserve to be compensated at a different level. I can t be convinced that just you have the job means you get the raise. MR. RUSSELL R. SIGHTS, CITY MANAGER, reminded the audience that this has come up over the years, maybe in a budget session three years ago. The Board of Commissioners indicated to us, as management, that we needed to refine our evaluation system. It was, in his opinion, probably a little bit too generic and not specific enough.

4 We responded to your request and what Commissioner Mills said is correct; that you all don t get involved in the evaluations. We wanted you all to see the results that have occurred as a result of you asking for improvements. I really believe that this is a very much improved system and I m impressed with it. I was not involved in day-to-day as far as preparing it. Department Heads and the Human Resources staff was involved. He applauded their efforts. I think that they took this task on favorably and did a great job. Remember the title is Employee Performance Evaluation. It s about performance, it s about evaluating employees based on their performance and that s what we have. I think we have a tool here that is manageable and usable. I m proud of it and I appreciate the input that went into it. COMMISSIONER PRUITT reminded Mrs. Galloway that he wanted the number of employees that got the maximum rate last year. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked, to read the following items included on the Consent Agenda: Minutes: August 14, 2012, Regular Meeting August 21, 2012, Called Meeting Resolutions: RESOLUTION NO RESOLUTION AUTHORIZING PARTICIPATION IN KENTUCKY PRIDE LITTER ABATEMENT GRANT PROGRAM MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution authorizing participation in the 2013 Litter Abatement grant program. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded ORDINANCE 22-12: SECOND READING ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY EXEMPTING PUBLIC WORKS DIRECTOR POSITION FROM CIVIL SERVICE STATUS On second reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Farmer, that the Ordinance be adopted.

5 COMMISSIONER PRUITT asked if someone could explain to him; if the City s not saving any money by changing this. What is the main reason we are changing it? MR. RUSSELL R. SIGHTS, CITY MANAGER explained that the Managers being under Civil Service is becoming more archaic and out of date. We need to hire managers based on the possibility of performance and based on credentials rather than passing a test and scoring a minimum score. Managers need to be responsive to management and to the elected officials and this a trend that I have seen throughout the country. Some places that don t operate under the City Manager form of government have a policy where they ask all their managers to resign at the end of a mayor s term and then get rehired; I don t subscribe to that but he does not see any need to have civil service protection for key managers in the organization. I think their employment need to be based on a contract and based on performance as far as being evaluated by the City Manager and then reported to the Board of Commissioners. In this case, if you notice, there is come protection of a person that will assume this job in that the City Manager cannot fire this person; he can make a recommendation that they be removed to the Board of Commissioners. The Board of Commissioners would be the appeal body that would hear a complaint if there was one. Mr. Sights stated that he felt it was a more modern way to do it that way today than to have Civil Service protection for key managers and have that taken away the City Manager as well as the Board of Commissioners. COMMISSIONER PRUITT disagreed and said that when a head of a department and when we decide to terminate somebody, we usually do it with the evidence and can prove it in any board so I don t know why we would hesitate to take it away from a Civil Service decision if we ve got somebody that we are going to terminate I m sure the City will have everything that we need to prove our case so we re not saving any money. I just say that it s something that another employee is going to lose that other employees has had for years. If it is good for him, it should be good for this one and this does make it easier for us to fire a department head because when you recommend something as a City Manager, most of the time, maybe 99.9 we take your recommendation so basically you do have the right power to fire and they are going to know it and I just think another layer off city workers just the idea of having or making sure that if I m terminated, I m terminated right so we not saving any money. Now if we are saving any money, I might say let s take a look at it but I don t see any financial benefit that we are going to save. We are going to take something away from the employees once again. I think we re going in the wrong direction again. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. Commissioner Pruitt Nay: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded.

6 ORDINANCE 23-12: SECOND READING ORDINANCE DESIGNATING POSITION OF PUBLIC WORKS DIRECTOR AS NON-CIVIL SERVICE On second reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Mills, that the Ordinance be adopted. Commissioner Pruitt Nay: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. ORDINANCE 24-12: SECOND READING ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, PERSONNEL, DIVISION 2, CIVIL SERVICE FOR GENERAL EMPLOYEES, SECTION DEPARTMENT HEADS DEEMED AS EMPLOYEES, OF THE CODE OF ORDINANCE OF THE CITY OF HENDERSON, BY REMOVING DIRECTOR OF PUBLIC WORKS On second reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Taylor, that the Ordinance be adopted. Commissioner Pruitt Nay: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded.

7 ORDINANCE 26-12: SECOND READING ORDINANCE REPEALING SECTIONS 8-47 PERPETUAL FUND FOR REPAIRS AND UPKEEP, AND 8-49 FERNWOOD CEMETERY FUND, OF ARTICLE III, FEES AND CHARGES, OF CHAPTER 8, CEMETERIES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON I On second reading of the Ordinance, it was moved by Commissioner Mills, seconded by Commissioner Taylor, that the Ordinance be adopted. WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. ORDINANCE NO : FIRST READING ORDINANCE AMENDING ARTICLE 1 OF CHAPTER 8, CEMETERIES, SECTION.8-3 RULES AND REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, BY PROVIDING IN PARAGRAPH (8) THAT REGULARLY ORGANIZED MILITARY ESCORT, EITHER OF THE STATE OR THE UNITED STATES, MAY DISCHARGE FIREARMS WITH BLANK CARTRIDGES WITHIN THE GROUNDS OF THE CEMETERY AS PART OF A FUNERAL OR MEMORIAL SERVICE, UPON ADVANCED PERMISSION FROM THE SUPERINTENDENT; AND IN PARAGRAPH (9) NO PERSON SHALL RIDE A BICYCLE OFF OF THE PAVED ROADWAYS IN A MUNICIPAL CEMETERY On first reading of the Ordinance, it was moved by Commissioner Taylor, seconded by Commissioner Farmer, that the Ordinance be adopted. 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

8 RESOLUTION AWARDING BID FOR PURCHASE OF A SIXTEEN (16) CUBIC YARD REFUSE PACKER TO FREIGHTLINER OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $105, MOTION by Commissioner Taylor, seconded by Commissioner Mills, to adopt the resolution authorizing the purchase of a 2013, sixteen (16) cubic yard refuse packer from Freightliner-Western Star of Evansville, in the amount of $105, WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded RESOLUTION NO RESOLUTION AWARDING BID FOR PURCHASE OF FOUR (4) POLICE VEHICLES TO BOB HOOK CHEVROLET, LOUISVILLE, KENTUCKY, IN THE TOTAL AMOUNT OF $74, MOTION by Commissioner Taylor, seconded by Commissioner Mills, to adopt the resolution authorizing the purchase of four 2013 full sized four door sedan vehicles from Bob Hook Chevrolet, Louisville, Kentucky. MR. SIGHTS explained that the bid packet being recommended did not meet our specifications in two areas. One was in the mile per gallon estimate in the specifications and we had asked for a minimum of 19 MPG city / 29 MPG highway. We got submission of 18 MPG city / 30 MPG highway. We also asked for a nineteen gallon tank and Chevrolet submitted a seventeen gallon. The lowest bid that met specifications had that but is approximately $5,000 higher. Chief Reed and I discussed these two deviations and have made those a matter of record but we don t feel that it is a significant amount to justify the higher bid. COMMISSIONER PRUITT if we accept this bid, are we going to have to rebid this because the bid specifications were listed on the original bid. Mr. Sights stated that you can waive any irregularity as long as it is determined to be a minor irregularity. Mr. Sights asked the acting City Attorney to verify that. Mrs. Randall Redding, Acting City Attorney, stated that if you find that it s immaterial and that your bid specifications justify it you can; I would point out that in this bid specification that as written your bid specification states must include. You would have to make a finding that your waiving this as a irregularity that you do not believe is significant to the bidding process. Mr. Sights said that that would be our recommendation on this. Chief John Reed did some hard soul searching on this. I think the question came up sometime earlier in the year regarding whether we would accept any car that was offered and I told you that I probably would. We have had luck with Ford and used those specs as bench marks for where we wanted to be. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING.

9 MOTION by Commissioner Taylor, seconded by Commissioner Mills, to withdraw their first motion. MOTION by Commissioner Pruitt, seconded by Commissioner Mills, to accept the resolution to the lowest bidder in compliance with the City s bid specifications. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR GROUP TERM LIFE INSURANCE FOR CITY OF HENDERSON EMPLOYEES TO LINCOLN FINANCIAL GROUP, OMAHA, NEBRASKA MOTION by Commissioner Taylor, seconded by Commissioner Pruitt, to adopt the resolution accepting the proposal of Latta/Keystone Group representing Lincoln Financial to Provide group term life insurance. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded

10 CITY MANAGER S REPORT: MR. RUSSELL R. SIGHTS congratulated Mr. Owen Reeves who has been elected by his peers to serve a three year term on the American Public Gas Association, that is our public sector that we belong to for all municipal gas systems. APGA, the same organization, has also recognized the City of Henderson for its concentration and education on the compliance of the 811 system before you dig and our employees received recognition from APGA for their involvement on that program. We wanted to make that a part of the record and inform you all on it and thank them for a job well done. MR. SIGHTS announced that on September 18 th we will have a scheduled Work Session that night with primary emphasis on the recommendations that will be made by the ad hoc committee on incentives. Mr. Sights will deliver a copy of the written report to the Board before hand. COMMISSIONER S REPORTS: COMMISSIONER MILLS stated that he was meeting at 3 p.m. tomorrow with the Joint Cooperative Study city and county group will be meeting and he will be sure that the minutes are delivered to all. He asked if the aforementioned Civil Service hearings could get in to the thousands of dollars? Mr. Sights estimated that each hearing would cost at least $1,000 and possibly more. Mrs. Galloway relayed that all of the background preparation and staff time involved, both from the department that has the employee issue and the supervisor or director has to gather the information. At least two people from her department for their time along with the cost of the cost of an outside attorney as well as bring in a court reporter and pay for court and preparation time. She estimated it could cost several thousand dollars. COMMISSIONER PRUITT asked Mrs. Galloway which Civil Service example in the past has cost several thousand dollars? Mrs. Galloway stated that she would have to look at invoices from the court reporter as well as the attorney hires and factoring in the hours that were spent by the employees we assigned the staff hours for that. Commissioner Pruitt opined that if a Civil Service case were to cost $2,000; he could not see that is out of realm when you are going to make sure that we got it right. When you speak of firing any city employee, whether it be police officers or Chief Reed, $2,000 to him is small and minute when it comes to making sure that I get it right and I think that if you was on the other side of that you would want to City to get it right. Commissioner Mills pointed out that there have been hearings to go for days involving Police and Fire and could happen with Civil Service hearings. REAPPOINTMENT: MUNICIPAL HOUSING COMMISSION HALLIE FOLZ, REPUBLICAN TERM TO EXPIRE SEPTEMBER 30, 2016 Motion by Commissioner Taylor, seconded by Commissioner Mills, and upon recommendation of Mayor Austin, to reappoint Hallie Folz to a four-year term on the Municipal Housing Commission. Said term to expire September 30, 2016.

11 REAPPOINTMENT: MUNICIPAL HOUSING COMMISSION WILLIE BALLARD-RESIDENT NON-VOTING MEMBER TERM TO EXPIRE SEPTEMBER 30, 2014 Motion by Commissioner Taylor, seconded by Commissioner Mills, and upon recommendation of Mayor Austin, to reappoint Willie Ballard to a two-year term on the Municipal Housing Commission. Said term to expire September 30, APPOINTMENT: CITY COUNTY PLANNING COMMISSION RODNEY THOMAS TO FULFILL UNEXPIRED TERM OF TIM ALEXANDER (RESIGNED) TERM TO EXPIRE JUNE 1, 2013 Motion by Commissioner Farmer, seconded by Commissioner Taylor, and upon recommendation of Mayor Austin, to appoint Rodney Thomas to fulfill unexpired term of Tim Alexander (resigned) on the City-County Planning Commission. Said term to expire June 1, APPOINTMENT: BOARD OF ZONING ADJUSTMENT CITY CURT HAMILTON TO FULFILL UNEXPIRED TERM OF WES SIGHTS (RESIGNED). TERM TO EXPIRE JUNE 1, 2013 Motion by Commissioner Taylor, seconded by Commissioner Mills. COMMISSIONER MILLS asked that since Curt is an attorney, would he have a conflict if there were something City related that might come up. Mayor Austin said that he had a conversation with Mr. Hamilton and he seemed to have no problem with serving. Commissioner Farmer asked if our Code of Ethics in anyway address this? Mayor Austin asked if he would like the legal department check into it. Motion by Commissioner Mills, seconded by Commissioner Pruitt, to table the appointment until the legal department can give an opinion regarding the Code of Ethic question.

12 MEETING ADJOURN: Motion by Commissioner Taylor, seconded by Commissioner Pruitt, to adjourn the meeting. WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6:56 p.m.