A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 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 Dr. Tim Hobbs, Pastor, Community Baptist Church, followed by Mayor Steve 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 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. Mrs. Connie Galloway, Human Resources Director Mr. Owen Reeves, Gas System Director Mr. Danny Froehlich, Fire Chief Mr. Robert Gunter, Finance Director Mr. Brian Toy, Information Systems Manager Mr. Curt Freese, Executive Director, City-County Planning Commission Mr. Tom Williams, HWU General Manager Mr. Leason Neel, HWU Chief Financial Officer Mr. and Mrs. Jesse Johnston, III Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner PRESENTATION: Henderson-Henderson County Flood Mitigation Board Report on Audited Financial Statements for Fiscal Year Ending June 30, 2014 was presented by Mr. William L. (Buzzy) Newman, Jr., Chairman. He explained that an annual audit was submitted by the MYRIAD CPA Group. The Flood Mitigation Board is required to have an annual audit because of funds received by Federal sources. Both the City and County s respective boards must also accept the audit based upon acceptance by the Flood Mitigation Board. Mr. Newman stated that this audit document reflected a clean report with no recommendations or changes. MOTION by Commissioner Royster and seconded by Commissioner Mills to accept the audit as presented of the Flood Mitigation Audit for Fiscal Year Ending June 30, 2014.
CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: December 9, 2014, Regular Meeting December 18, 2014, Called Meeting Resolution No. 11-15: Resolution Designating Benefit Insurance Marketing ( BIM ) as City of Henderson, Kentucky, Agent of Service of Record for the City s Dental Plan, Cancer Insurance; Voluntary Accident and Short-Term Disability Insurance and Group Term Life and Supplemental Life Insurance. Resolution No. 12-15: Resolution Awarding Bid for the Purchase of Firefighter Protective Clothing to Fire Department Service and Supply, Louisville, Kentucky, in the amount of $27,755.00. MOTION by Commissioner Hite, seconded by Commissioner Mills, to approve the Consent Agenda as presented. ORDINANCE NO. 42-14: SECOND READING ORDINANCE AMENDING ARTICLE XXII, SECTIONS 22.01 22.04, R-5 URBAN SINGLE FAMILY (MEDIUM DENSITY) ZONING DISTRICT AND SCHEDULE A OF ARTICLE XXVII, SCHEDULE OF REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Mills, seconded by Commissioner Johnston, to amend the Zoning Regulations relating to Sections 22.01 22.04, R-5 District and Schedule A of Article XXVII, Schedule of Regulations. WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. January 27, 2015
ORDINANCE NO. 01-15: FIRST READING ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING SECTION 4.16, VARIANCES AND CONDITIONAL USE PERMITS BY PLANNING COMMISSION LIMITED TO ARTICLE 1V, GENERAL PROVISIONS MOTION by Commissioner Mills, seconded by Commissioner Royster, adopting an ordinance amending the Zoning Regulations by adding a new Section 4.16 Variances and Conditional Use Permits by Planning Commission-Limited. MR. CURT FREESE, EXECUTIVE DIRECTOR, CITY-COUNTY PLANNING COMMISSION AND COMMISSIONER JOHNSTON agreed that this new section would allow an applicant for a map amendment to elect to have any variances or conditional use permits for the same development, heard and finally determined by the Planning Commission at the same public hearing set for the map amendment. 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. ORDINANCE NO. 02-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT U.S. HWY. 41N AND RACETRACK ROAD MOTION by Commissioner Hite, seconded by Commissioner Mills, adopting the ordinance accepting public improvements for property on Racetrack Track Road and U.S. 41 North. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. 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. 13-15 RESOLUTION AUTHORIZING MAYOR TO EXECUTE EASEMENT DOCUMENTS RELATING TO NEW LOCATION OF INGRESS AND EGRESS LOCATED OFF OF AMIET ROAD ADJACENT TO THE HENDERSON CITY- COUNTY AIRPORT
MOTION by Commissioner Mills, seconded by Commissioner Royster, adopting a resolution authorizing the Mayor to execute easement documents relating to a new location of the Ingress and Egress for a parcel of land located off of Amiet Road adjacent to the Henderson City-County Airport. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. January 13, 2015 RESOLUTION NO. 14-15 RESOLUTION ADOPTING INFORMATION TECHNOLOGY ACCEPTABLE USE POLICY MOTION by Commissioner Mills, seconded by Commissioner Royster, adopting a resolution authorizing the adoption of an Information Technology Use Policy. MRS. DAWN KELSEY, CITY ATTORNEY, explained that the Kentucky General Assembly passed House Bill 5, Personal Information Security and Breach Investigation Act, which became effective on January 1, 2015, as KRS 61.931 that required the City to adopt a written security policy. The City has adopted an Administrative Policy as well as an Acceptable Use Policy. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. January 13, 2015
RESOLUTION NO. 15-15 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR AUDITING SERVICES TO MYRIAD CPA GROUP OF HENDERSON, KENTUCKY, FOR FISCAL YEARS ENDING JUNE 30, 2015, JUNE 30, 2016, AND JUNE 30, 2017 MOTION by Commissioner Hite, seconded by Commissioner Mills, adopting a resolution authorizing the award of a professional services contract to Myriad CPA Group for auditing services. COMMISSIONER ROYSTER asked if the City had sent out Requests for Proposals (RFP)? MRS. KELSEY answered that since this was a professional service, the City is not required to send out RFP s and can continue as long as both parties are satisfied, MR. ROBERT GUNTER, FINANCE DIRECTOR, added that since Myriad CPA Group also prepared audits for HWU and HMP&L, they are able to come in and do a lot of the work at one time which saves auditing fees. MR. SIGHTS, CITY MANAGER, added that for the next three-year period, the dollar amount for auditing has gone down. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. January 13, 2015 CITY MANAGER S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that he was recommending that the Assembly Room audio/visual equipment be upgraded as well as adding a digital recorder. Our present system has failed at least one time. The proposed contract for these improvements would be $9,322.00. COMMISSIONER MILLS asked if this would enhance our streaming capabilities and enhance our video.? Mr. Terry Stone, Municipal Facilities Superintendent, stated that this was a step that would have to be done if we do begin streaming. MOTION by Commissioner Hite, seconded by Commissioner Royster, to approve the recommendation.
RESOLUTION NO. 16-15 RESOLUTION ACCEPTING PROPOSAL OF CUSTOM AUDIO-VIDEO, INC. OF OWENSBORO, KY TO UP-GRADE THE SOUND SYSTEM AND ADD A DIGITAL RECORDER FOR THE ASSEMBLY ROOM LOCATED ON THE THIRD FLOOR OF THE MUNICIPAL CENTER IN THE AMOUNT OF $9,322.00 MOTION by Commissioner Hite, seconded by Commissioner Royster, to adopt the resolution accepting the proposal of Custom Audio-Video, Inc. of Owensboro, Kentucky, to up-grade the sound system and a digital recorder for the third floor Assembly Room in the amount of $9,322.00. WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. January 13, 2015 MR. SIGHTS asked the Board of Commissioners to consider cancelling the February 10, 2015, meeting because some of the Board members are involved with KLC activities that week in Frankfort. MOTION by Commissioner Royster, seconded by Commissioner Mills, to cancel the February 10, 2015, meeting. MR. SIGHTS said that there would definitely be a February Work Session. The plans are to review our 6-month budget. MAYOR AUSTIN congratulated Commissioner Hite on her reelection and being appointed Mayor Pro Tem.
COMMISSIONER JAN HITE thanked the public for allowing her to serve again and she welcomed X R. and Jesse. She stated that she looked forward to a good and productive two years. MAYOR AUSTIN congratulated Commissioner Royster and said that he was glad to have him on the Commission. COMMISSIONER X R. ROYSTER said I just want to thank everyone who helped put me here. MAYOR AUSTIN congratulated Commissioner Mills and asked if he wanted to add anything. COMMISSIONER MILLS said that he had been impressed for the last three or four months on how progressive our Planning and Zoning Commissions have been. He added that every month we have had good problem solving corrections to our planning process. MAYOR AUSTIN congratulated Commissioner Johnston on his election and was glad to have his mom and dad here tonight. COMMISSIONER JESSE JOHNSTON thanked everyone for the opportunity to serve and looked forward to working with the rest of the Board. face. MAYOR AUSTIN agreed and said I come to Tuesday nights with a smile on my MAYOR AUSTIN explained that Rotary and Rotaract have a Trivia Contest each year and they have decided to put $10,000 toward upgrading the fountain splashpad at the new East End Park. APPOINTMENT: CITY-COUNTY PLANNING COMMISSION KEVIN HERRON TO FILL UNEXPIRED TERM OF JESSE JOHNSTON IV TERM TO EXPIRE JUNE 1, 2016 MOTION by Commissioner Mills, seconded by Commissioner Johnston, to appoint Kevin Herron to fill the unexpired term of Jesse Johnston on the City-County Planning Commission. MAYOR AUSTIN explained from time to time the City has developed a vetting process when hiring a department head and we always like to appoint one commissioner to join staff in that selection process. He stated it would only be fair to appoint this Commissioner by seniority. He recommended Commissioner Robert M. Mills to join the committee vetting the Public Works Department Head selection.
MOTION by Commissioner Hite, seconded by Commissioner Johnston, to appoint Commissioner Mills to be a part of the search for the director of the Public Works Department. MEETING ADJOURN: MOTION by Commissioner Johnston, seconded by Commissioner Mills, to adjourn the meeting. WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 6 p. m. January 27, 2015