City of Henderson, Kentucky Board of Commissioners Tuesday, January 22, 2019 AGENDA

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1 City of Henderson, Kentucky Board of Commissioners Tuesday, January 22, 2019 Municipal Center Third Floor Assembly Room 222 First Street 5:30 P.M AGENDA 1. Invocation: Reverend Charles Johnson, Greater Norris Chapel Baptist Church 2. Roll Call: 3. Recognition of Visitors: 4. Appearance of Citizens: 5. Proclamations: 6. Presentations: Service Award Pin, Beth Austin 20 Years Clayton Horton, Public Health Director for the Green River Health District, Needle Exchange Program Joan Hoffman, Fairness Ordinance 7. Public Hearings: 8. Consent Agenda: Minutes: Resolutions: January 8, 2019, Regular Meeting Resolution Approving Agreement Between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management 9. Ordinances & Resolutions: Second Readings: First Readings: Ordinance Amending Chapter 17, Parks and Recreation Allow Alcohol at New Golf Course Ordinance Amending Chapter 4, Alcoholic Beverages Allow Alcohol at New Golf Course Ordinance Accepting Public Improvements at Colonial Cottages Section #3 Ordinance Repealing and Replacing Chapter 8, Cemeteries Fees and Charges Schedule Please mute or turn off all cell phones for the duration of this meeting.

2 Resolutions: Resolution Setting Fees and Charges for Cemeteries Resolution Authorizing the Donation of Land to Habitat for Humanity of Henderson, Kentucky, Inc. 10. Bids & Contracts: Municipal Order Accepting Bid for the Purchase and Installation of a Gasboy Gas Dispenser 11. Unfinished Business: Municipal Order Authorizing the Purchase of a Small Extended Cap Pickup Truck for Mass Transit Municipal Order Authorizing the Award of a Bid for Construction of Lakeland Detention Basin 12. City Manager s Report: Popular Annual Financial Report 13. Commissioner s Reports: 14. Appointments: 15. Executive Session: 16. Miscellaneous: 17. Adjournment Please mute or turn off all cell phones for the duration of this meeting.

3 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Presentations Items scheduled under the Presentations section of the agenda are as follows: Employee Service Award. Secretary, Senior Beth Austin of the Parks and Recreation Department will be in attendance to receive her 20-year service award pin. Presentation by Clayton Horton, Public Health Director for the Green River Health District. Mr. Horton will make a presentation of a Needle Exchange Program for the City of Henderson/Henderson County. Presentation by Ms. Joan Hoffman. Ms. Hoffman will request consideration for adopting a fairness ordinance. c: Trace Stevens

4 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Consent Agenda The Consent Agenda for the meeting of January 22, 2019, contains the following: Minutes: January 8, 2019 Regular Meeting Resolutions: Resolution Approving Agreement Between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management.

5 CITY OF HENDERSON - RECORD BOOK 1 Record of Minutes oj Ac...=...=R=e=--g;;,..=u=la=r~--- Meeting on -----=-J=an=u=ary=.<--=-0=8,c...:2=-=0c..colc<..9 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 8, 2019, at 5:30 p.m., prevailing time, with the primary location of this video teleconference meeting designated as the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. The meeting was conducted in accordance with KRS INVOCATION was given by Britney Smith, Executive Director, Habitat for Humanity, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg (attending via video teleconferencing) Commissioner X R. Royster, III Commissioner Bradley S. Staton Commissioner Austin P. Vowels ALSO PRESENT: Mr. William L. "Buzzy" Newman, Jr., City Manager Ms. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Heath Cox, Police Chief Mr. Brian Williams, Public Works Director Mr. Ray Nix, Code Administrator Mr. Dylan Ward, Project Manager Mr. Jeremy Baxter, Assistant Fire Chief Mrs. Theresa Richey, Development Liaison Mr. Sam Lingerfelt, Sanitation Superintendent/ Habitat for Humanity Board Member Mr. Tom Williams, HWU General Manager Ms. Britney Smith, Executive Director, Habitat for Humanity Rev. Tim Hobbs, Habitat for Humanity Board Member Mr. Charles Kirkpatrick, Habitat for Humanity Board Member Ms. Beverly Skaggs, Habitat for Humanity Mr. Larry McDowell, Habitat Construction Foreman Mr. Matt Reynolds, Habitat Operations Manager Ms. Melissa Clements, Habitat for Humanity Board Member Mr. Steve Trent, Habitat for Humanity Board Member Mr. Dennis Moran, Habitat for Humanity Board Member Mr. Nick Whitt, Habitat for Humanity Board Member Habitat for Humanity Volunteers and Supporters Mr. Kenny Garrett, Henderson Emergency Management Director Mr. Chris Hopgood Mr. Mike Richardson, Reserve Police Officer Mr. Doug White, the Gleaner RECOGNITION OF VISITORS: MAYOR AUSTIN, introduced Mr. Kenny Garrett as the recently appointed director of the Henderson Emergency Management. Mr. Garrett has been involved with that organization and the community for a number of years, but was recently named as the director.

6 2 CITY OF HENDERSON - RECORD BOOK Record of Minutes oj -"-'Aa...:R=e=-<g::,.::u=Ia=r Meeting on January 08, 2019 PRESENTATION: "Habitat for Humanity Request" BRITNEY SMITH, Executive Director, Habitat for Humanity, presented a request for the donation of vacant lots at 217 & 219 Letcher Street to be used for economic development purposes to combat blight by providing home ownership opportunities to the East End area. Habitat proposes to purchase a third lot in order to construct a neighborhood subdivision of three homes. Currently the two City owned properties taxable value is $10, Once these 1,187 square foot homes are built, the taxable value would be $180, Grant funds have already been secured for the project through Federal Home Loan Bank of Cincinnati and the local sponsor is Field and Main Bank and the Kentucky Housing Corporation. Habitat uses local suppliers and skilled contractors for their builds. The homeowner will pay approximately $ per month for this home which will include City/County taxes and their escrow. Habitat partners locally with the Earl C. Clements Job Corps; the Firefighters Union; Henderson Water Utility waives water and sewer tap fees (she specifically mentioned this because they are one of the few left in the state that will waive these fees); Big Rivers; the UK Extension Office; Audubon Areas RSVP Program; and Habitat International provides limited supplies through free corporate programs. Habitat's total economic impact to Henderson over the last 27 years is over $3 million with 61 homes built. RAY NIX, Code Administrator, gave a brief history of this redevelopment project. The 2015 Vision Plan included a Community Investment Focus Point for reinvestment in the East End by continuing efforts of removing abandoned and dilapidated housing and reinvesting in new affordable housing. He explained that in early 20 I 8 discussions with private builder/developers were conducted on potential city redevelopment ideas. Discussions with those builder/developers continued during the late spring and early summer as staff worked on the redesign of the vacant lots at the comer of Helm and Letcher Streets. The feedback from those discussions was that the appraisal values might not match actual construction costs which would make sales and profitability difficult and the stipulation that these would be homeowner residences and not rental units was a constraint that created the issue of the ability to get these new homes sold utilizing conventional financing avenues. In early fall of 2018, Habitat called asking if the City had available lots as their inventory of buildable lots was declining. Discussions were held regarding the Letcher Street corridor redevelopment project concept and vision as well as some basic exterior design perimeters. Habitat agreed to those perimeters and has a verbal agreement with an adjoining property owner to purchase a third parcel of land so that a third home can be built in this project. COMMISSIONER ST ATON indicated that he appreciates the efforts from all of the individuals who are a part of Habitat and the important work that is done in our community. Motion by Commissioner Staton, seconded by Commissioner Royster, to approve the request for the City to donate the vacant lost at 217 & 219 Letcher Street to Habitat for Humanity for the purpose of building homes for low income families. DAWN KELSEY, City Attorney, explained that because this a transfer ofreal property, a resolution authorizing the Mayor to sign the deed will be presented on a future meeting agenda. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the motion approved and instructed staff to prepare necessary documents to effectuate the transfer.

7 CITY OF HENDERSON - RECORD BOOK 3 Record of Minutes of A~R~e... g=u~la=r~--- Meeting on ---~J~a=nu=a=ry----=0--=8_,_, =20-"--"-"--19 PRESENTATION: "Impact of Station Two Closure on Henderson Water Utility" TOM WILLIAMS, Henderson Water Utility General Manager, reported on how the closure of the Station Two power plant and other happenings at the Big Rivers complex will affect the Henderson Water Utility. In 2014 HWU had a study conducted on ways to extend the life of the South Water Plant. At that time the plant had been in service about 18 years of its 20 year life expectancy, so a series of "What if... " questions were asked. He explained that when the South Water and Wastewater Plants were built a separate intake on the Green River was not built, we tied into the influence of the cooling water line that serves the power plant-specifically that also serves Station Two. One of the questions asked was if something happened to their intake what would we do to continue the supply of water to our customers of Tyson, Sebree, Beech Grove and the Henderson County Water District. Parts of three counties get their water from our South Water Plant. A project was designed, Project 1, to get our influent lines closer to the intake so that we could put temporary pumps in the Green River if we had to. Project 1 would extend both the influent and effluent lines around the plant to get them closer to the river and install connections allowing temporary pumps on a barge in the river to provide water for our needs. The cost estimate in 2014 for the project was $1.1 million and was not completed due to lack of funding. That project is estimated to be about $1.2 million today. Another "What if' that was looked at was if the Big Rivers plants went completely dark, or totally out of service which we expect could happen within 15 to 20 years. Project 5 involves putting in our own pumps in the Big Rivers intake with an electric control room. This project was estimated to be $1.4 million and with inflation would be about $1.6 million today. An option that we are currently looking at is a well field to be located near the plant to feed the plant instead of using Green River river water. There are a lot of advantages to that including lower maintenance costs on wells than on taking over a raw water intake. Our consultant is researching the possibility and if the cost is less than the combined $2.8 million for the other two projects this will probably be the way we would go. It is expected that the consultant will have the report completed in April or May. In 2015 a contract was negotiated with Big Rivers that if the intake goes out of service they will continue to run their pumps and we will pay merely for the electricity to run those for up to two years; however they have two pumps that each pumps 100 million gallons a day with only all on or off. We don't use anywhere near that amount averaging between two and one-half to three million gallons a day at the South Water Plant. The contracts that are in place with Tyson, Sebree, Breech Grove and the others does contain a provision that they pay our cost plus a percentage, so these costs will be recovered in the long term. MAYOR AUSTIN indicated that it will be very interesting to see what the well field possibilities are and that he is looking forward to an update after that study is completed. PRESENTATION: "Distinguished Budget Presentation Award" ROBERT GUNTER, Finance Director, reported that the City of Henderson received a Distinguished Budget Presentation Award for the 10 th year in a row. He indicated that he was proud and appreciative of all the departments help in putting the budget together. MAYOR AUSTIN indicated that it is a very nice honor and not every city gets this award. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: December 11, 2018, Regular Meeting December 21, 2018, Called Meeting December 21, 2018, Called Disciplinary Hearing

8 4 CITY OF HENDERSON - RECORD BOOK Record of Minutes oj A_R_e.g_.._u~la=r Meeting on January 08, 2019 Resolutions: 01-19: Resolution Appointing Commissioners Austin P. Vowels and X R. Royster to Board of Trustees of Civil Service Pension Fund 02-19: Resolution Appointing Commissioner Bradley S. Staton and Commissioner X R. Royster to the Audit Committee for the City of Henderson 03-19: Resolution Appointing Commissioner X R. Royster to the Board of Occupational License Appeals 04-19: Resolution Appointing Mayor Steve Austin to Henderson Henderson County Flood Mitigation Board 05-19: Resolution Appointing Commissioner Patti Bugg to Serve on Audubon Area Community Services Board 06-19: Resolution Appointing Commissioner Austin P. Vowels to Serve on Downtown Henderson Partnership Board 07-19: Resolution Appointing Commissioner Bradley S. Staton to Serve on Agency Funding Ad Hoc Committee 08-19: Resolution Appointing Commissioners Bradley S. Staton and Austin P. Vowels to City/County Cooperative Study Team 09-19: Resolution Appointing Mayor Steve Austin and Commissioner Patti Bugg to KYNDLE Large Investor Council 10-19: Resolution Appointing Mayor Steve Austin to the GRADD (Green River Area Development District) Board 11-19: Resolution Appointing Mayor Steve Austin as Director on the Board of Directors of Public Energy Authority of Kentucky (PEAK) Motion by Commissioner Royster, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. ATTEST: Maree Collins, City Clerk Isl Steve Austin Steve Austin, Mayor January 08, 2019

9 CITY OF HENDERSON - RECORD BOOK 5 Record of Minutes oj -=-A"-R=-=e..,_gu=l=a~r Meeting on ----"J-=a=nu=a=ry--'---"0'-"8"-, =2-=--0 ""'--19 RESOLUTION NO RESOLUTION APPOINTING MAYOR PRO TEM FOR THE CITY OF HENDERSON,KENTUCKY MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to adopt the resolution appointing Commissioner Bradley S. Staton as Mayor Pro Tern following tradition of appointing the November high vote-getter. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: January 08, 2019 Maree Collins, City Clerk RESOLUTION NO RESOLUTION AUTHORIZING DEED BETWEEN THE CITY OF HENDERSON AND WEST KENTUCKY REGIONAL INDUSTRIAL DEVELOPMENT, INC. DIBIA 4- ST AR INDUSTRIAL PARK FOR THE USE AND BENEFIT OF THE HENDERSON WATER UTILITY (HWU), AND AUTHORIZING MAYOR TO EXECUTE DEED OF EASEMENT ON BEHALF OF THE CITY OF HENDERSON TOM WILLIAMS, Henderson Water Utility General Manager, reported that in 2004 the 4-Star Development Authority received a grant to build a million-gallon water tank costing approximately $1,000, Henderson Water Utility has been operating the tank since it was put in service but title was never transfen-ed. They are preparing to sell an adjoining parcel and this will clean up the title and necessary easements. MOTION by Commissioner Staton, seconded by Commissioner Royster, to adopt the resolution authorizing the Mayor to execute a deed and utility easements for a water tank located at the 4-Star Industrial Park. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: January 08, 2019 Maree Collins, City Clerk

10 6 CITY OF HENDERSON - RECORD BOOK Record of Minutes o/ --=ca..::...:cr=e:..:gu=la=r Meeting on January 08, 2019 MUNICIPAL ORDER NO MUNICIPAL ORDER ACCEPTING AGREEMENT BETWEEN CITY OF HENDERSON AND HENDERSON COUNTY FISCAL COURT PERTAINING TO THE OHIO DRIVE EXPANSION PROJECT DAWN KELSEY, City Attorney, reported that the memorandum of understanding has been created to give a clearer division of responsibilities between the parties doing work on the Ohio Drive Project. The County approved this Agreement at their Fiscal Court meeting earlier today. MOTION by Commissioner Royster, seconded by Commissioner Vowels, to adopt the municipal order accepting an Agreement between the City and the County relating to the division of work for the Ohio Drive Expansion Project. WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, indicated one point of further clarification is that the City will not be financially responsible for any cost associated with this project. Dawn Kelsey, City Attorney, added that other than the generosity of the in-kind work Henderson Water Utility will be completing to move all of the fire hydrants, any expenditure will be covered through the grants received by the County. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: January 08, 2019 Maree Collins, City Clerk MUNICIPAL ORDER NO MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF SMALL PICKUP TRUCK TOD-PATRICK NISSAN OF EVANSVILLE, INDIANA IN THE AMOUNT OF $20, MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order awarding the bid for the purchase of a 2019 Nissan Frontier extended cab pickup truck from D-Patrick, Inc. of Evansville, Indiana, in strict accordance with the bid as submitted pursuant to Bid Reference ROBERT GUNTER, Finance Director, indicated that this small pickup truck will be used by the meter readers or utility servicers and one older truck will be removed from service. Upon questions by Mayor Austin and Commissioner Royster, Mr. Gunter continued that we have other Nissans in service and they are working well. The Ford Ranger was the preferred size vehicle before Ford discontinued manufacturing them. The vehicle taken out of service will be offered to another department before being disposed of. WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, repotied that staff has been and will continue to review the vehicle fleet to pass vehicles down to other departments and then that department dispose of their worst vehicle to keep the number of vehicles in the fleet down.

11 CITY OF HENDERSON - RECORD BOOK 7 Record of Minutes of_~a'--=-'r=e=-.g;,.=u=la=r Meeting on J_a_nu_a_ry_. 0_8~, _2_0_19 The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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: January 08, 2019 Maree Collins, City Clerk MUNICIPAL ORDER NO : MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF ¾ TON PICKUP TRUCK WITH SERVICE BED TO TOWN AND COUNTRY FORD OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $31, MOTION by Commissioner Vowels, seconded by Commissioner Royster, to adopt the municipal order awarding the bid for the purchase of a 2019 F-250 regular cab pickup truck with installed service bed from Town & Country Ford of Evansville, Indiana, in strict accordance with the bid as submitted pursuant for Bid Reference BRIAN WILLIAMS, Public Works Director, reported that this is the vehicle that was rebid from December and it is now $1,455 less than the first bid with the next vendor submitting a bid $ higher than their previous bid. This vehicle will replace an older vehicle in Traffic Control that has over 200,000 miles. COMMISSIONER STATON indicated that it is very important to him that we give our local vendors an opportunity to win bids for the City of Henderson. He asked that purchasing regulations relating to reciprocity preference on bid purchases to create a fairer playing field for local vendors be investigated. COMMISSIONER BUGG agreed that she too wanted to do everything that we can to keep our business on this side of the river. WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, indicated that he and finance department staff members would review the Model Procurement Code and reciprocity regulations and return with a report on those findings. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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: January 08, 2019 Maree Collins, City Clerk

12 8 CITY OF HENDERSON - RECORD BOOK Record of Minutes of ~A~R~eg=u=l=ar'--_ Meeting on January 08, 2019 MUNICIPAL ORDER NO : MUNICIPAL ORDER ACCEPTING BID FROM FEDERAL SIGNAL CORPORATION OF UNIVERSITY PARK, ILLINOIS, FOR THE PURCHASE OF ONE (1) EMERGENCY WARNING SIGNAL IN THE AMOUNT OF $28, MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order awarding the bid for the purchase of an emergency warning siren from Federal Signal Corporation, in strict accordance with the bid as submitted pursuant to Bid Reference JEREMY BAXTER, Assistant Fire Chief, reported that this siren will replace the one near Green Street between Second and Third Streets. This will be funded through a grant that we applied for a couple of years ago and have been working through the historical aspects of the location. This is the same vendor that has installed the last few siren and pole replacements, and we have a good working relationship with them. The vote was called. On roll call, the vote stood: CITY MANAGER'S REPORT: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- 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: January 08, 2019 Maree Collins, City Clerk WILLIAM L. "BUZZY" NEWMAN, JR., asked Project Manager Dylan Ward to present an update on the Gathering Place Restroom Project. DYLAN WARD, Project Manager, reported that bids were opened on December 21, 2018 for the renovation of two sets of restrooms for ADA accessibility at the Gathering Place. The architect estimates from a couple of years ago were in the $60, to $65, range. Three bids were received in the amounts of$103,800.00, $104, and $127, As this is an unfunded item in this fiscal year, we wanted to give a few options on how you might want to proceed. Option #1: to award bid for the project; Option #2: negotiate with the low bidder to set prices to renovate one set of restrooms, however keep in mind this will not come in at half the price due to mobilization and other fixed costs; and Option #3: try to obtain grant funds to offset the project costs. RAY NIX, Code Administrator, reported that although our Community Development Block Grant entitlement funds have been programmed for the current budget, a significant amount of funds could be earmarked for this project in the next programming cycle. DISCUSSION WAS HELD regarding the scope of the project originally set at being one set of restrooms-upon review by the architect it was determined that due to water line locations and other specifications both sets of restrooms would be included; that the CDBG earmark could possibly cover most of the costs of the renovations, by reducing the new home construction from two to one project in the next Action Plan; and that CDBG funds had been used to help fund the Sand Lane Sidewalk Project and the Gathering Place Parking Lot Project in past Action Plans. It was determined to explore other avenues of securing funds for this project.

13 CITY OF HENDERSON - RECORD BOOK 9 Record of Minutes of A=-=...cR=e=g=u=Ia=r~--- Meeting on -----=J-=a=nu=a=ry--'-"0'""'8~, =20=19 COMMISSIONERS' REPORT: COMMISSIONER VOWELS reported that the next City-County Cooperative Study Team meeting will be scheduled in early to mid February if anyone has any joint city/county issues that need to be on that agenda. APPOINTMENT: Municipal Housing Commission: Ms. Stephanie Chrisman -Term to Expire September 30, 2021 Motion by Commissioner Staton, seconded by Commissioner Royster, upon recommendation of Mayor Steve Austin, to appoint Ms. Stephanie Chrisman to fill the unexpired term of Holly Vincent on the Municipal Housing Commission. Said term to expire September 30, The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: RE-APPOINTMENT: Municipal Housing Commission: Ms. Willie Ballard - Term to Expire September 30, 2020 Motion by Commissioner Staton, seconded by Commissioner Royster, upon recommendation of Mayor Steve Austin, to reappoint Ms. Willie Ballard to a term of two years as a non-voting member of the Municipal Housing Commission. Said term to expire September 30, The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: RE-APPOINTMENT: Water & Sewer Commission: Mr. John Henderson - Term to Expire January 12, 2022 Ms. Julie Wischer - Term to Expire January 12, 2022 Motion by Commissioner Staton, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to re-appoint Mr. John Henderson and Ms. Julie Wischer to three year terms on the Water & Sewer Commission. Said terms to expire January 12, The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye:

14 10 CITY OF HENDERSON - RECORD BOOK Record of Minutes oj A_R_e~g_._.u_la~r Meeting on January 08, 2019 EXECUTIVE SESSION: Proposed Litigation and Real Property MOTION by Commissioner Staton, seconded by Commissioner Royster, and pursuant to the provisions ofkrs (1)(c) that the Board of Commissioners go into Executive Session for the purpose of discussions of proposed litigation by the City; and KRS (l)(b) for the purpose of deliberation on the possible acquisition of real property located on Carlisle Street, Adams Street, First Street to Fourth Street, in that publicity would likely affect the value of the property to be acquired for public use. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Royster, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Staton, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:05 p.m. ATTEST: Steve Austin, Mayor January 22, 2019 Maree Collins, CKMC City Clerk

15 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager City/County Rescue Squad Statement of Affiliation Agreement The accompanying resolution authorizes the execution of a Statement of Affiliation agreement with the Henderson City/County Rescue Squad, Inc. The agreement establishes a formal relationship between the Rescue Squad, the City, the County, and Henderson County Emergency Management Agency. Its main purpose is to delineate certain statutory requirements for the operation of the rescue squad including call out authority, chain of command, and responsibilities of the entities. The annual execution of the affiliation agreement is necessary to comply with state statute. Your approval of the attached resolution is requested. c: Heath Cox Scott Foreman

16 RESOLUTION NO RESOLUTION APPROVING AGREEMENT BETWEEN THE HENDERSON CITY/COUNTY RESCUE SQUAD, THE CITY OF HENDERSON, THE COUNTY OF HENDERSON, AND HENDERSON EMERGENCY MANAGEMENT WHEREAS, pursuant to Chapter 39F of the Kentucky Revised Statutes (KRS. 39F.120, et seq.), it is necessary to annually adopt a formal statement of affiliation between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson and Henderson Emergency Management, outlining a specific working agreement for the local search and rescue squad; and WHEREAS, pursuant to KRS. 39F.120 (9)(a) the City shall certify, by signing, that the City Manager has reviewed the mission statement and statement of affiliation and that the rescue squad possesses the following: 1. Adequate numbers of trained personnel to perform the mission. 2. Proper and adequate equipment, including at least all of the required equipment specified by administrative regulations of the division, to perform the mission, and that the equipment is in proper working order; 3. A rescue vehicle, dedicated solely to rescue purposes, which is adequate to perform the mission of the squad, and is in proper working order; 4. Adequate command and control personnel, training and policies to ensure that the squad can quickly and efficiently respond and perform its mission when called upon. WHEREAS, a copy of such statement of affiliation is attached hereto and incorporated herein by reference; and WHEREAS, the City Manager recommends the approval of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky that the recommendation of the City Manager is accepted, and the attached agreement between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management is hereby approved, and the Mayor is authorized and directed to execute the agreement on behalf of the City. On motion of Commissioner, seconded by Commissioner, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin:

17 WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Steve Austin, Mayor Date: Maree Collins, CK.MC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _ff_ DAY OF JANUARY, By: Dawn S. Kelsey City Attorney

18 Henderson City/County Rescue P.O Sam Ball Way Henderson, KY (270) Phone/Fax Bryant L. Woodard, Chief Statement of Affiliation Purpose: This affiliation is to provide a fonnal relationship between the Henderson City/County Rescue Squad, Henderson County, City of Henderson and Henderson Emergency Management Agency and to outline the responsibilities of each. The County Judge/Executive and the Mayor of the City of Henderson hereby grants to the Rescue Squad the authority to operate in Henderson County and the City of Henderson and places the Rescue Squad under the direction of the Local Emergency Management Director [KRS39F.020(1)]. In granting this authority to operate, it is recognized that all assets, property, funds or interests acquired, appropriated, donated or raised for the benefit and/or operation of the Rescue Squad shall be deemed the property of Henderson County, City of Henderson or, when acquired through state funds, the property of the Commonwealth of Kentucky. The Rescue Squad will be responsible for the management and accounting of the assets described above. By-laws of the Rescue Squad will conform to applicable state and federal laws and regulations and may not limit the authority of the County Judge/Executive, Mayor and/or the Local Emergency Management Director in the provision and management of the Rescue Squad services to the city and county. The Rescue Squad is the sole officially recognized rescue squad in Henderson County and the City of Henderson. By virtue of this order, is officially affiliated with the Henderson County Government, City of Henderson Government and the Henderson Emergency Management Agency. The Henderson City/County Rescue Squad shall serve the citizens of Henderson County and City of Henderson by providing fully trained and equipped personnel who will take the lead role in the following types of missions: (1) Back up all Henderson County Volunteer fire departments to provide cascade system to fill air packs, lights for night operations, command post, forcible entry tools if available and needed, and provide first aid if EMS is not on scene. This is also offered to City Fire upon request from them. (2) Search, rescue and/or recovery of boat accidents, possible drowning victims, vehicle recoveries and all other water and ice related incidents. Evacuation from flash flooded areas. (3) Provide first responder personnel to assist EMS with medical emergencies. ( 4) Provide severe weather spotters if the situation requires. (5) Search for lost or missing persons. (6) During severe weather emergencies, transport essential personnel (doctors, nurses, dispatches, etc.) to and from work. And will deliver critical medicines and medical equipment where needed in Henderson County. (7) CO monitoring in areas where fire departments do not have CO monitoring equipment. (8) Extrication and removal of victims trapped in vehicles or structures. (9) Gain entry where individuals have locked themselves out of vehicle. (10) Administer the Project Lifesaver program for clients. The Rescue Squad will not take the lead role but will respond to and assist other agencies and departments upon request with the following types of missions: (1) Recover any corpse if not accessible by ambulance or hearse, if so requested and authorized by the Henderson County Coroner or his deputy. (2) Provide traffic control at an emergency scene when requested to do so by law enforcement.

19 (3) Assist any agency in emergency evacuation of buildings or areas (with the exception to flash flooded areas which is a lead role position). (4) Help isolate, gather information to identify and secure hazardous material incidents. (5) Assist any requesting agency in emergency medical operations, reconnaissance, cleanup and restoration operations. (6) Assist in confined space rescue, cave rescue, high angle rescue or high rise rescue and supply ground support in these types of operations. (7) Assist in any emergency response related activities as so designated by the Henderson County Judge/Executive, Henderson City Mayor, Local, Regional or State Emergency Management as requiring rescue services. The Rescue Squad will not respond to the following types of incidents or situations: (I) Search for persons sought in criminal acts. (2) Search for or recovery of items related to a crime, except when these items are being sought through a dive operation. (3) Hostage rescue situations. (4) Any rescue operation request that may be deemed "Too Dangerous" by the Rescue Squad Officer in Charge, or if properly trained Rescue Squad personnel are unavailable for the rescue attempt. Note: All Rescue Squad services and responses are subject to the availability of appropriately trained personnel and/or equipment. The Rescue Squad may be called to respond by any of the following services or agencies: (I) Henderson County Judge/Executive. (2) Henderson Emergency Management Agency Director (3) City of Henderson Mayor (4) Henderson County SAR Coordinator (5) KyEM Regional Manager ( 6) State SAR Coordinator (7) Kentucky Division of Emergency Management The Henderson 91 ldispatch center will tone out the Rescue Squad on any incident when any assistance is requested. If there is a question on the validity of the request, the dispatch center shall verify the request with the Chiefor Assistant Chiefofthe Rescue Squad. In all county declared state of emergencies, the Rescue Squad will fall under the direction and control of the Henderson County Emergency Management Agency and/or the Henderson County Judge/Executive. The Rescue Squad shall operate under their own chain of command during the state of emergency. This affiliation agreement does not influence the organizational by-laws, standard operating guidelines, or other powers of the Rescue Squad's incident command system except during a declared emergency. The Rescue Squad shall maintain their equipment and property and shall be accountable for all equipment through an inventory which will be submitted to the Director of the Henderson Emergency Management Agency, Regional Manager and the State Search and Rescue Coordinator. The Henderson County Government shall be responsible for the fiscal accountability for all funds donated to the Rescue Squad by the county. The City of Henderson shall be responsible for the fiscal accountability for all funds donated to the Rescue Squad by the city. The Henderson City/County Rescue Squad shall be responsible for 2

20 all funds received by the Rescue Squad. The treasurer of the Henderson City/County Rescue Squad shall assure all payments of outstanding debts in a timely manner. The Henderson City/County Rescue Squad shall not assess fees or charges for any rescue activities (KRS39F.120(l3)]. The Rescue Squad is responsible for maintaining an approved and current set of bylaws which reflects their mission statements. It is the responsibility of the Rescue Squad to provide a copy of their bylaws and any approved changes to the Local Director, Ky EM Regional Manager and the State Search and Rescue Coordinator. The Rescue Squad has the responsibility to adhere to the requirements of formation and securing affiliation according to KRS39F.020. The Rescue Squad shall meet the organization requirements of KRS39F.050 and KRS39F.120. The Henderson County Government will provide official license plates for all rescue vehicles. The Henderson County Government and the City of Henderson Government may appropriate a yearly allocation in the respective budgets to cover cost of operational expense by the Henderson City/County Rescue Squad. The responsibilities of all parties to this order of affiliation shall conform to those responsibilities as provided in all applicable Kentucky revised Statues and Kentucky Administrative Regulations. This order of affiliation can be updated, modified, amended, or cancelled upon the consent of the parties concerned. If a vacancy should occur in any of the positions on this order, the order will remain in effect for thirty days while the order is renegotiated. The effective date of this order of affiliation shall be for one year. It shall remain in effect until January 31, 2019 at which time the order of affiliation may be renegotiated, updated, modified or cancelled. This affiliation agreement was approved and adopted by the Henderson Fiscal Court with resolution number on,2019. This affiliation agreement was approved and adopted by the City of Henderson Commission with resolution number on, All other written agreements of affiliation are null and void upon the effective date of this order. Director, Henderson Emergency Management Agency Date:, 2019 Chief, Henderson City/County Rescue Squad Date:, 2019 In addition, by my signature below I certify that I have reviewed the mission statement of the rescue squad and the statement of affiliation and find that the rescue squad possesses: 1) adequate numbers of trained personnel to perform the mission; 2) proper and adequate equipment, including at least all of the required equipment specified by administrative regulations of the division, to perform the mission, and that the equipment is in proper working order; 3) a rescue vehicle, dedicated solely to rescue purposes, which is adequate to perform the mission of the squad, and is in proper working order; and 4) adequate command and control personnel, training, and policies to ensure that the squad can quickly and efficiently respond and perform its mission when called upon. Henderson County Judge/Executive Date:,2019 City of Henderson Mayor 3 Date:, 2019

21 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager tvj;j Amending Chapter 17, Parks and Recreation An item for the agenda of Tuesday, January 22, 2019 is first reading of an ordinance amending Chapter 17, Parks and Recreation, Article I, In General, Sec Possession of Alcoholic Beverages Prohibited, of the Code of Ordinances. The proposed amendment allows the possession of alcoholic beverages at the Bridges of Henderson Golf Course in compliance with its alcohol policies. Your approval of the attached ordinance is requested. c: Heath Cox

22 ORDINANCE NO ORDINANCE AMENDING PARKS AND RECREATION SUMMARY: AN ORDINANCE AMENDING CHAPTER 17, PARKS AND RECREATION, ARTICLE l-in GENERAL, SEC POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON WHEREAS, under Section 17-2 of the City's Code of Ordinances, possession or sale of alcohol would be prohibited at the new city golf course (Bridges of Henderson Golf Course); and WHEREAS, the new operators of the Bridges of Henderson Golf Course desire to obtain an alcohol license to allow them to sell alcohol to increase their business; and WHEREAS, the operators have requested the City to amend its ordinance to allow for the sale of alcohol and possession of alcohol at the Bridges of Henderson Golf Course. NOW THEREFORE BE IT ORDAINED, Chapter 17, Parks and Recreation, Article l- In General, Sec Possession of alcoholic beverages prohibited is amended as follows: Sec Possession of alcoholic beverages prohibited. No person shall possess or have on his person any alcoholic beverages in any public recreational areas in the community unless it is at the Bridges of Henderson Golf Course in compliance with its alcohol policies or is in conjunction with a special event in either Audubon Mill Park and/or Water Street between First Street and Second Street wherein a valid special event with alcohol permit has been issued and the person possessing alcoholic beverage( s) is in compliance with the special event with alcohol permit requirements. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner, seconded by Commissioner ~that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.

23 On second reading of the ordinance, it was moved by Commissioner, seconded by Commissioner ~ that the ordinance be adopted. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. Steve Austin, Mayor ATTEST: Date: Maree Collins, CK.MC, City Clerk APPROVED AS TO r,~ AND LEGALITYTHIS4-.I u DAAYOF JANUARY, ~19. i ) By: -2-

24 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Amending Chapter 4, Alcoholic Beverages First reading of an ordinance amending Chapter 4, Alcoholic Beverages, Article II, Licenses, Sec Fees, of the Code of Ordinances is on the agenda for Tuesday, January 22, The proposed amendment allows the addition of a Limited Golf Course license and sets the fee at $ Your approval of the attached ordinance is requested. c: Heath Cox

25 ORDINANCE NO ORDINANCE AMENDING ALCOHOLIC BEVERAGES SUMMARY: AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE II-LICENSES, SEC FEES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON WHEREAS, it is necessary to amend Chapter 4, Alcoholic Beverages, Article II, Licenses, Sec Fees, of the Code of Ordinances of the City of Henderson. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Chapter 4, Alcoholic Beverages of the Code of Ordinances is hereby amended as follows: ARTICLE II. - LICENSES Sec Fees. (a) No license under the provisions of this article shall be issued until there has been paid to the city the license fee herein provided. For the privilege of causing, permitting and engaging in the actions, business and transaction authorized thereby in regard to traffic in alcoholic beverages in the city pursuant to the authority ofkrs , there is hereby established a corresponding city license for each of the state licenses described in KRS (b) The following alcoholic beverage licenses may be issued by the city and the fees for each shall be as follows: (1) Distiller's license, per annum... $ (2) Rectifier's license (Class A or Class B), per annum (3) Wholesaler's distilled spirits and wine license, per annum ( 4) Quota retail package license, per annum (5) Quota retail drink license per annum ( 6) Special temporary license or a special temporary alcoholic beverage auction license, per event (7) Nonquota type 1 retail drink license (includes distilled spirits, wine, and malt beverages), per annum... 1, (8) Nonquota type 2 retail drink license (includes distilled spirits, wine, and malt beverages), per annum (9) Nonquota type 3 retail drink license (includes distilled spirits, wine, and malt beverages), per annum (10) Distilled spirits and wine special temporary auction license, per event (11) Special Sunday retail drink license (including distilled spirits and wine), per annum (12) Extended hours supplemental license, per annum... No charge (13) Caterer's license, per annum

26 (14) Bottling house or bottling house storage license, per annum (15) Malt beverage licenses as follows: a. Brewer's license, per annum b. Microbrewery license, per annum c. Malt beverage distributor's license, per annum d. Nonquota retail malt beverage package license, per annum e. Nonquota type 4 retail malt beverage drink license (including for Sunday sales), per annum f. Malt beverage brew-on-premises license, per annum (16) The fee for each of the first five (5) supplemental bar licenses shall be the same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five (5) to the same licensee at the same premises. (17) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of fifty dollars ($50.00). The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of fifty dollars ($50.00). (18) Limited Golf Course, per annum... $ ( c) All license fees from licenses issued under this article shall be collected and paid into the general fund of the city for use for the general operating expenses of the city. ( d) When any applicant applies for a license under the provisions of this article to commence business after the 31st of January of any year, such applicant shall be charged, if the license is issued, an amount equal to as many twelfths of the annual license fee as there are calendar months remaining in the license year, including the month within the license is granted; provided, however, that no fractional fee shall be permitted where the applicant has actually been doing business under a similar license during the last month of the preceding license period. ( e) If any license issued hereto shall be revoked or cancelled for any reason, the licensee shall not be entitled to a refund of any portion of the license fee. (f) Except for special event licenses, temporary licenses or license to alcoholic beverage producers, wholesalers, or distributors, all licenses issued after January 1, 2017 by the city ABC administrator shall be valid for no more than a year and shall be renewable upon the date established by the Kentucky Department of Alcohol Beverage Control for the expiration of state licenses issued for the premises. During the first year following the effective date of this ordinance [ from which this section derives], if the new date for renewal for the licensee does not occur on the date established by the licensee's state license, the city ABC administrator shall either (1) prorate the cost of the renewed license by proportionally reducing the cost of the renewed license if the new date for the renewal occurs prior to the expiration of a previous license or (2) prove a prorated provisional local license to cover any period of time between the expiration of the previous license and the new date for renewal if the new date for renewal occurs after the expiration of the licensee's previous license. -2-

27 All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner., seconded by Commissioner ~thatthe ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner, seconded by Commissioner.,that the ordinance be adopted. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS l.f_ DAY OF JANUARY r'i019. j //" t,/"/ / By: Jl/ : -3-

28 City Attorney -4-

29 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Acceptance of Public Improvements at Colonial Cottages On Tuesday, January 22, 2019, a first reading of an ordinance accepting water, sewer and storm, and erosion control improvements at Colonial Cottages Section #3 will be presented for consideration. Included in this acceptance is approximately 261 lineal feet of 8" water main, 359 lineal feet of 2" water main, 1 fire hydrant and 16 service lines of water improvements. Also included sewer improvements of approximately 1,209 lineal feet 8" gravity sewer, 6 manholes and 16 service lines. Storm improvements include approximately 173 lineal feet of 18" HDPE, 105 lineal feet of 15" HDPE, 123 lineal feet of 12" HDPE, 1 manhole and 4 curb inlets. The new improvements are in accordance with the public improvement specifications and regulations and were recommended for acceptance at a meeting of the Henderson City County Planning Commission held on January 2, Your approval of the attached ordinance is requested. c: Brian Bishop Tom Williams Doug Boom

30 Henderson City-County Planning Commission 1990 Barret Ct. Suite C Henderson, KY Claudia Wayne Assistant Director January 3, 2019 Mayor Steve Austin City Commissioners Municipal Center Henderson, Ky RE: Acceptance of Water, Sewer, Storm and Erosion Control for Colonial Cottages, Section # 3 located in Henderson, Ky. Dear Mayor and Commissioners: Please be advised Wednesday, January 2, 2019 the Henderson City-County Planning Commission took official action to recommend acceptance of the following: Colonial Cottages, Section # 3 Water 8-inch water main 261 Lineal Feet 2-inch water main 359 Lineal Feet Fire hydrant 1 Each Service 16 Each Sewer 8-inch gravity sewer 1209 Lineal Feet Manhole 6 Each Service 16 Each Storm 18-inch HDPE 15-inch HDPE 12-inch HDPE Manhole Curb Inlet 1 73 Lineal Feet 105 Lineal Feet 123 Lineal Feet 1 Each 4Each Phone (270) @ Fax (270) cwayne@hendersonplanning.org

31 Public improvements were constructed in accordance with the public improvement specifications and a final inspection was performed by the Henderson Water Utility Engineering Department. The Henderson City-County Planning Commission at this time requests your consideration. Respectfully Brian Bishop Executive Director HENDERSON CITY-COUNTY PLANNING COMMISSION Attachment C: William Newman Dawn Kelsey

32 Area Rese<ved for Fu~ P<,rsonal Storage Units I l '1 ),/#:~;. ~ ;. ~<-:>~/.~ ~;:.;;;;:~6{ /. '1: : '.....:.;.. I Wet Basin (Open Spaee Area) \.y4,'l"1;;'l_ -6.ti...1'.J i,a:1--"( S..7:"t:, R.,..,vt_

33 ORDINANCE NO ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS SUMMARY: AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AT COLONIAL COTTAGES, SECTION #3, IN THE CITY OF HENDERSON, CONSISTING OF WATER, SEWER AND STORM AND EROSION CONTROL WHEREAS, at a meeting of the Henderson City-County Planning Commission held on January 2, 2019, it was recommended that certain public improvements for Colonial Cottages #3, in the City of Henderson be accepted; and WHEREAS, said improvements have been made m accordance with public improvements specifications and regulations. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that the City hereby accepts certain public improvements for Colonial Cottages #3, which consists of the following: Colonial Cottages #3 8-inch water main 261 Lineal Feet 2-inch water main 359 Lineal Feet Fire Hydrant - 1 Each Service 16 Each 8-inch gravity sewer 1209 Lineal Feet Manhole 6 Each Service 16 Each 18-inch HDPE 15-inch HDPE 12-inch HDPE Manhole Curb Inlet 173 Lineal Feet 105 Lineal Feet 123 Lineal Feet 1 Each 4Each All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption.

34 On first reading of the foregoing ordinance, it was moved by Commissioner, seconded by Commissioner, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner, seconded by Commissioner,that the ordinance be adopted. WHEREUPON, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS_/_{_ DAY OF JANUAR'\;"l,"2019. /,1 I By: -I-/!...! t"1,.ll:.d..&::!l...i..~~::q,::::;~:::::f..1.~ -2-

35 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Repeal and Replace Ordinance Regarding Cemetery Fees & Resolution Establishing Cemetery Schedule of Fees and Charges An item for consideration at the Tuesday, January 22, 2019, City Commission meeting is first reading of an ordinance repealing and replacing Section 8-45 establishing fees and charges pertaining to cemeteries; and a resolution establishing new fees and charges for cemetery spaces and services. As proposed, the ordinance will remove the fees from the Code of Ordinance to be in accordance with other fee schedules that are established from time to time by resolution of the board of commissioners. The resolution establishes the fee schedule utilizing the current fees except for the new niche opening/closings which will be set at $ due to labor costs associated with the new name plates; and special service charge which will be increased from $90.00 to $ per hour. These services are for any special services above and beyond our regular services fee schedule. Also, the automatic five (5) percent annual increase on all fees and charges, except for the cost of mausoleum crypts, has been reduced to three (3) percent on the purchase of spaces, mausoleum crypts and niches and four (4) percent on the cost of services to keep us competitive with other local facilities. Your approval of the attached ordinance and resolution is requested. c: Trace Stevens Robert Gunter

36 ORDINANCE NO. ORDINANCE RELATING TO CEMETERY FEES AND CHARGES SUMMARY: AN ORDINANCE REPEALING CHAPTER 8 CEMETERIES ARTICLE III. FEES AND CHARGES SECTION 45-SCHEDULE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON WHEREAS, it is necessary to repeal Chapter 8 Cemetries, Article III. Fees and Charges, Section 45-Schedule in its entirety as the fees and charges pertaining to cemeteries needs to be set by resolution to allow for greater flexibility. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Chapter 8; Section 45- Fee Schedule is hereby repealed as follows: ARTICLE III. - FEES AND CHARGES Sec Schedule i\dult Grave Spaces Femv1ood Cemetery Sections A, B & C All Other Sections Fairmont Cemetery Sections F & G All Other Sections Infant Grave Space (1/4 adult space) Mausoleum Crypt Fermvood Cemetery Outside Double Fairmont Cemetery (includes nameplate) Inside Double Inside Single Outside Double Outside Single Nicfl:e $ $ $ $ FREE $3, $6, $3, $4, $2, $ Individual spaces for infants t\vo years of age or less shall be provided free of charge at time of need if at least tv.1-0 (2) Adult grw1e spaces are purchased at the regular price. Grave and Crypt Deferred Payment Plan Price plus 10%

37 Burials/disinterments A.dult (3 6" in length or more) Monday Friday Saturday & Holiday* Sunday Infant (less than 36" in length) Monday Friday Saturday & Holiday* Sunday Cremain Monday Friday Saturday & Holiday* Crypt Opening/Closing Crypt Monday Friday Saturday & Holiday* Sunday $ $ $ $ $ $ $ $ $ $ $ Monday Friday Saturday & Holiday* Private Mausoleum Escort Monday Friday Saturday & Holiday* Sunday $ $ $ $ $ *"Holiday" is defined as a day officially celebrated by the City 1,vith the closing of the administrativ'e offices. Chapel Use Special Service Charge (per hour) Foundations, per square inch $ $ $ 0.34 All of the abo e fees and charges, except for the cost of mausoleum crypts, shall automatically increase by five percent (5%) annually on July 1 st of each year beginning July 1, ±009-:- The fees and charges for the city owned cemeteries shall be established from time to time by the board of commissioners.

38 All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. The ordinance shall become effective upon publication. On first reading of the foregoing ordinance, it was moved by Commissioner, seconded by Commissioner, that the Ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner, seconded by Commissioner, that the Ordinance be adopted. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS i_z DAY OF JANUAR)½f 019.., //J J,,l''!' By: f'.'.-&'.~>a /..--,,r,:...., ~-

39 RESOLUTION NO RESOLUTION SETTING FEES AND CHARGES FOR CEMETERIES AS AUTHORIZED BY CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY BE IT RESOLVED by the City of Henderson, Kentucky that the fee schedule for the cemeteries shall be as follows: Adult Grave Spaces Fernwood Cemetery Sections A, B & C All Other Sections Fairmont Cemetery Sections F & G All Other Sections Infant Grave Space (1/4 adult space) $1, $ $1, $ FREE Mausoleum Crypt Fernwood Cemetery Outside Double Companion Niche $3, $1, Fairmont Cemetery (includes nameplate) Inside Double Inside Single Outside Double Outside Single Niche $6, $3, $4, $2, $ Individual spaces for infants two years of age or less shall be provided free of charge at time of need if at least two (2) Adult grave spaces are purchased at the regular price. Grave and Crypt Deferred Payment Plan Burials/disinterments Adult (36" in length or more) Monday - Friday Saturday & Holiday* Sunday Infant (less than 36" in length) Monday-Friday Saturday & Holiday* Sunday Price plus 10% $ $1, $1, $ $ $

40 Cremain Monday - Friday Saturday & Holiday* $ $ Crypt Opening/Closing Crypt Niche Private Mausoleum Escort Monday - Friday Saturday & Holiday* Sunday Monday - Friday Saturday & Holiday* Monday - Friday Saturday & Holiday* Sunday $ $ $ $ $ $ $ $ *"Holiday" is defined as a day officially celebrated by the City with the closing of the administrative offices. Chapel Use Special Service Charge (per hour) Foundations, per square inch $ $ $ 0.54 The above fees and charges, for the cost of services shall automatically increase (four) 4%, and the cost of spaces, mausoleum crypts, and niches shall automatically increase by (three) 3% annually on July 1 st of each year beginning July 1, On motion of Commissioner , seconded by Commissioner, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor Date:

41 ATTEST: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS -Jb_ DAY OF JANUARY, By: F--'-""'"'-""-''---"--;-"'----"-_;; - D'awn S. Kelsey City Attorney 3

42 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Donation of Land to Habitat for Humanity of Henderson, Kentucky, Inc. The accompanying resolution authorizes the donation of surplus property located at 217 Letcher Street and 219 Letcher Street to the Habitat for Humanity of Henderson, Kentucky, Inc. This property is owned by the City of Henderson with the intended purpose of redevelopment of a blighted area of town. The City was unable to secure developers to develop single family housing and this property is now constituted as surplus property. As you are aware, Habitat for Humanity of Henderson, Kentucky, Inc. has requested the donation of this property to construct two single family homes for low- to-moderate income families. Your approval of the attached resolution is requested. c: Trace Stevens Dawn Winn

43 RESOLUTION NO RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTIES LOCATED AT 217 LETCHER STREET (PVA # ) AND 219 LETCHER STREET (PVA # ) TO HABITAT OF HUMANITY OF HENDERSON, KENTUCKY, INC. WHEREAS, the City of Henderson owns properties located at 21 7 Letcher Street and 219 Letcher Street (formerly 1321 Helm Street and 1323 Helm Street) which were acquired through Master Commissioners sales and a transfer of property (1325 Helm Street) from Community One; and WHEREAS, the City's intended purpose for the use of this land was for redevelopment of a blighted section of town; and WHEREAS, the City through the Henderson City-County Planning Commission surveyed, consolidated the lots and re-platted the lots to face Letcher Street and the East End Park to assist in the revitalization of the Letcher Street corridor; and WHEREAS, the City was unable to secure developers to develop single family housing and this property is now constituted as surplus property; and WHEREAS, Habitat for Humanity of Henderson, Kentucky, Inc. ("Habitat") has requested these properties for the purpose of construction of homes to be occupied by low-tomoderate income person or persons; and WHEREAS, it is in the public's best interest to dispose of these properties as it will provide greater housing to low-to-moderate income person or persons and put the properties back on the City tax rolls, as well as generate economic development through the construction process pursuant to KRS (3)(b); and WHEREAS, the City Manager recommends that the above properties be donated to the Habitat for the purchase price of $1.00. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and the City agrees to convey to Habitat the real estate known as 217 and 219 Letcher Street, Henderson, Kentucky pursuant to KRS , and the Mayor is authorized to execute the deed of conveyance on behalf of the City and to execute all other documents necessary to effectuate the transfer. On motion of Commissioner, seconded by Commissioner, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin:

44 WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS ' DAY OF JANUARY By: Dawn S. Kelsey City Attorney

45 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Removal and Replacement of Gas Dispensers and Control Island The accompanying municipal order authorizes the purchase and installation of (2) Gasboy Gas Dispensers from Hinderliter Construction Inc., Evansville, Indiana, in the amount of $30, The purchase is for removal and replacement of existing gas dispensers and control island with (2) Gasboy mechanical fleet gas dispensers and related equipment, being a turn-key project at time of completion. Bid packages were sent to three vendors, with two bids received. The bid from Hinderliter Construction Inc. fully complies with the bid specifications and award is recommended accordingly. Adequate funding is available in the Fiscal 2019 budget for this purchase. Your approval of the attached municipal order is requested. c: Brian Williams Brenda Wethington Dawn Winn

46 Public Works Memorandum January 15, 2019 To: From: Subject: William L "Buzzy" Newman Jr., City Manager Brian Williams, Public Works Director ~ Brenda Wethington, Transit Superintendent ~ Bid Reference No , Removal and Replacement of gas dispenser Bids opened Jan. 15, 2019 were as follows: Hinderliter Construction Inc, Evansville, IN JPM, Evansville, IN $30, $30, This bid is for the removal and replacement of fuel pumps and island. I recommend that Bid Reference No in the amount of $30, be awarded to Hinderliter Construction Inc, Evansville, IN.

47 (.) CITY OF HENDERSON, KENTUCKY.!: BID TABULA Tl ON SHEET C: 0.:: (.) BID REFERENCE NO.: ::, DATE BID OPENED: 01/15/19 APPROVAL DATE:... II) C: Oz (.) -?:;... - Q) ~... - ~ ::: ;: s;... II) Q) C: en ACCEPTANCE FORM SENT: -g l'o ~ ~ - > CL -, w > :I: w GasBoy $30, $30, Jones & Frank Other Bidders Contacted: Bids Opened & Recorded By: Bids Reviewed By: Dawn Winn Leigh Anne Herron Brian Williams Brenda Wethington H

48 City of Henderson, Kentucky Invitation to Bid Bid Reference No SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Purpose Remove and replace existing gas dispensers and control island Equipment 2 Gasboy Atlas 9100K sedes mechanical fleet dispenser Model 9 l 53KTW1 MF; 22gpm suction pump, twin hose, one product (twin motor) 1 Gasboy Islander Plus Model PA , two (2) mechanical hoses 1 M09680B019 Islander Mechanical Pump Interface Card 1 A W900XTR-Pair Outdoor 900MHz Industrial Ethernet Bridge Installation Remove and replace existing gas dispensers and control island Complete all necessary plumbing to connect new dispensers to existing storage tanks. Complete all necessary wiring for system supply voltage and network connectivity This bid shall be all inclusive, meaning that it shall include all miscellaneous materials needed, shipping charges, travel time and labor charges in bid total, being a turn-key project at time of completion. Insurance and Occupational License Successful bidder must hold or obtain a current City of Henderson Occupational License prior to beginning work. During the term of the contract and before any part of the services are performed or the goods are delivered, Bidder shall, at Bidder's sole expense, cause to be issued and maintained not less than the insurance coverages set forth below: A. Broad Fonn Comprehensive General Liability, including Products and Completed Operations.

49 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page2 Bodily Injury: $300,000 each occurrence $1,000,000 aggregate Property Damage: $300,000 each occurrence B. Automobile Liability, including any auto, hiring autos and non-owned autos. $300,000 combined single limit C. Workers Compensation for all employees used on the job pursuant to statute. Certificates of insurance, issued by companies authorized to do business in the state of Kentucky, satisfactory in form to the City and signed by the Bidder's insurer shall be supplied by Bidder to the City evidencing that the above insurance is in force and that not less than thirty (30) calendar days written notice will be given to the City prior to any cancellation or restrictive modification of the policies. Bidder shall replace any cancelled policy within the thirty (30) day notice period so that there is no lapse in coverage at any time during the period covered by this contract. Technical question may be directed to Brian Williams, Public Works Director at Bid procedure questions may be directed to Dawn Winn, Assistant Finance Director at , ext End of Section E

50 MUNICIPAL ORDER ---- MUNICIPAL ORDER ACCEPTING BID FROM HINDERLITER CONSTRUCTION, INC. OF EVANSVILLE, IN FOR THE PURCHASE OF A GASBOY IN THE AMOUNT OF $30, WHEREAS, the City of Henderson has issued invitations to bid for the purchase of a GasBoy for the public works department; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on January 15, 2019, with Hinderliter Construction, Inc. of Evansville, IN, submitting the best bid, which bid the City Manager recommends be accepted. NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Hinderliter Construction, Inc., 3601 N St. Joseph A venue, Evansville, IN , for a GasBoy in the amount of $30,164.45, in strict accordance with its bid as submitted pursuant to Bid Reference On motion of Commissioner, seconded by Commissioner., that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the day of January, ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND ' / LEGALITY THIS.. t2 DAY OF JANUARY, 2019.,, By: /\,J I f /!,.l'/ vr?~/ ll } :/: / /', /-J..-~Jz,,l.,. /it/ 1,&wJL(c(..h:idcf:J Dawn S. Kelst': City Attorney 1 '.. V l ¾-/

51 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Purchase of Small Pickup Truck The accompanying municipal order authorizes the purchase of a 2019 Nissan Frontier with an extended cab from D-Patrick Inc of Evansville, Indiana in the low bid amount of $20, The truck will be used by the mass transit (HART) department replacing a 2008 F-150 truck that is being rotated to a different division which will dispose of another vehicle. Bid packages were sent to 18 vendors, with three bids received. The low bid of $20, fully complies with the bid specifications and award is recommended accordingly. Sufficient funds are available in the Fiscal 2019 budget for this purchase. Your approval of the attached municipal order is requested. c: Brian Williams Brenda Wethington Dawn Winn

52 Public Works Memorandum Date: TO: FROM: SUBJECT: January 9, 2019 William L "Buzzy" Newman Jr., City Manager 8t.J Brian Williams, Public Works Director Brenda Wethington, Transit Superintendent f~ Bid Reference No , Small Extended Cab Pickup Bids opened Jan. 8, 2019 were as follows: D-Patrick Nissan, Evansville, IN Bob Hook Chevrolet, Louisville, KY Henderson Chevrolet, Henderson, KY $20, $22, $24, This bid is for the purchase of one (1) small extended cab pickup. I recommend that Bid Reference No in the amount of $20, be awarded to D-Patrick Nissan, Evansville, IN.

53 CITY OF HENDERSON, KENTUCKY BID TABULATION SHEET BID REFERENCE NO.: Q) DATE BID OPENED: 01/08/19 _; ~ APPROVAL DATE: (') N I t--... <I) - Q) 0 <I) C: e I... (.) cu > C "' ro > <I) <I) >- ~ ~ (.).c >- B~ (I) t-- z -....,... (I) Q) O:>:'. C C: Q) C> Q) 0.:.:: =.i.:: :: N o,- (.) - 0..!!! -0,_ "' "'!9 ID I... I... -._ > Ill o= <I) <I) - <I) C Cl) 1a C: I~ -0-0 co.cl <I) ro (.),._,_ <I) > 0:::, <I) ID "'..., ro u <I) (.) ow co.3 II...I 0 o.. E ACCEPTANCE FORM SENT: Q. cu.cl - C C - 0 Small Pickup $20, $22, $24, $19, % Other Bidders Contacted: Bids Opened & Recorded Bv: Bids Reviewed By: Moore Ford-Mercury, Expressway Auto World, Audubon Chrysler Center, Dempewolf Ford Lincoln-Mercury, Paul Miller Ford, Wildcat Ford, Jones Auto Group, Ruxer Auto, Town & Country Ford, Uebelhor & Sons, Freedom Dodge Chrysler Jeep, Bachman Auto Group, Don Moore General Motors Center, John Jones Auto Group, Gillie Hyde Dodge Dawn Winn Brian Williams Chrysler Leigh Anne Herron Brenda Wethington H

54 City of Henderson, Kentucky Invitation to Bid Bid Reference No SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS The City of Henderson is soliciting sealed bids for the below listed new vehicle. Each bidder shall furnish specifications, length of warranty, list of all features and/ or optional equipment and delivery time required after receipt of order. All bid prices shall include delivery to the City of Henderson, Municipal Service Center,1449 Corporate Court, Henderson, Kentucky. Bids shall remain valid for a period of thirty (30) days after bid opening. Bid procedure questions may be directed to Robert Gunter, Finance Director, at , ext One {I) New 2019 Model Year Small Extended Cab Pickup The following options shall be included in the bid price: 2 WD (two wheel drive) Engine, 2.SL min. Wheelbase less than 130" GVWR less than 5,900 pounds Automatic AIC Vinyl bucket or bench seats All weather floor mats for the front Factory bed liner AM/FM radio Compact or full sized spare tire Backup camera Color: white - End of Section l-14E

55 MUNICIPAL ORDER MUNICIPAL ORDER A WARDING BID FOR PURCHASE OF SMALL PICKUP TRUCK TO D-PATRICK NISSAN OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $20, WHEREAS, the City of Henderson has issued invitations to bid for the purchase of a small pickup truck for the mass transit (HART) department; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on January 8, 2019, with D-Patrick Nissan, Evansville, Indiana, submitting the best bid, which bid the City Manager recommends be accepted. NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to D-Patrick Nissan4200 Division Street, Evansville, Indiana 47715, for a small pickup truck in the amount of $20,415.25, in strict accordance with its bid as submitted pursuant to Bid Reference On motion of Commissioner, seconded by Commissioner , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: Commissioner Royster: Mayor Austin: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the day of January, ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _LL DAY OF JANUARY, By: 1//./' /~~:,,~v~:~~j 1 Dawn S. Kelsey ~ City Attorney

56 City Commission Memorandum January 15, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager ~I) Construction of Lakeland Detention Basin The accompanying municipal order authorizes the award of a bid for the construction of an approximately 3.25 acre stormwater detention basin to Hazex Construction Company, Inc. in the amount of $421, This total is comprised of base bid amount $413, plus $7, for Add Alternate #1. The purpose of this project is to create a stormwater detention basin within Lakeland Subdivision that would temporarily hold stormwater during heavy rain events rather than flooding the road or backing-up into yards when the water level within Canoe Creek is too high for storm water to enter. The construction of this project is an extension/re-scope of the Cooper Park Drainage Project that was completed in The inclusion of Add Alternate #1 will increase the pipes discharging into Canoe Creek from 24" in diameter to 30" in diameter to allow for greater capacity and a higher flow rate. Sufficient funds are available in the Fiscal 2019 budget for our local share of the project. Your approval of the attached municipal order is requested. c: Tom Williams Dylan Ward Dawn Winn Robert Gunter

57 Project Management Memorandum January 17, 2019 TO: FROM: SUBJECT: William L. "Buzzy" Newman, Jr., City Manager Dylan H. Ward, Project Manager -O'A\.,0 Bid Reference 19-05, Lakeland Detention Basin Project Bids were opened on January 16, 2019 for the construction of an approximately 3.25-acre stormwater detention basin adjacent to Canoe Creek in Lakeland Subdivision. The base bids opened were as follows: Bidder Bid Price Hazex Construction Company, Inc. $413, Blankenberger Brothers, Inc. $ 573, Double A Services, Inc. $ 935, Cleary Construction, Inc. $1,019, All bidders were present at the mandatory pre-bid meeting, which was held at the Henderson Municipal Service Center (HMSC) located at 1449 Corporate Court on Monday, January 7, 2019 and were, therefore, eligible to submit a valid bid. The purpose of this project is to create a stormwater detention basin that would temporarily hold stormwater during heavy rain events so that when the water level within Canoe Creek is too high for stormwater to enter the creek, rather than flooding the road or backing-up into yards, the stormwater from the Lakeland watershed would instead be stored within the detention basin. As the water fevel of Canoe Creek recedes, the detention basin will release the captured stormwater from the Lakeland watershed into Canoe Creek. Flap gates on the discharge pipes irtto Canoe Creek will prevent Canoe Creek from backing-up into the detention basin when the basin is dry. The construction of this detention basin in Lakeland Subdivision is an extension/re-scope of the Cooper Park Drainage Project that was completed in 2015 using federal (75%), state (12%), and local (13%) funds. The original total amount of approved funds for the Cooper Park Drainage Project was $195,650.00, which included federal, state, and local funds as outlined above. Upon the completion of this portion of the project, FEMA notified the City that additional funds were available. The city then received approval from FEMA to spend an additional $435, on the Lakeland Detention Basin Project.

58 Of the $435, in additional funds that have been ~pproved by FEMA for the construction of the Lakeland Detention Basin Project, $326, (75%) of this total is the federal share, $52, (12%) is the state share, and $56, (13%) is the city's share. The city's share of $56, is included in this year's budget. In addition to the base bid, the City also requested some alternate prices, as well as additional unit prices. The alternates were related to pipe size and the dump site. As part of this award, I recommend that the city accepts Add Alternate # 1, which would increase the pipes discharging into Canoe Creek from 24" in diameter to 30" in diameter to allow for greater capacity and a higher flow rate. Furthermore, I recommend that the city also rejects both Deduct Alternate #1 & Deduct Alternate #2. By doing so, all dirt excavated from the site (approximately 38,000 cubic yards) will be hauled to the landfill, which will be kept tidy by the contractor, and will be used for the eventual closure of the CD&D landfill, which will save the city a great deal of money in the future. The deadline set by FEMA to complete this project is June 30, The successful bidder shall have until May 31, 2019 to complete their portion of the project. This will ensure that the city has enough time to close-out the project with FEMA prior to the June 30 th deadline. Therefore, work is scheduled to begin as soon as the successful bidder has obtained all of the necessary bonds and permits. Kentucky Emergency Management (KYEM) has assured us that the funding for this project through FEMA is secure, that there is no talk of de-obligating any approved funding for current projects, and that the city may proceed with the project. Therefore, I recommend that Bid Reference 19-05, Lakeland Detention Basin Project, be awarded to Hazex Construction Company, Inc., 1890 Madison Street, Henderson, KY in the total amount of $421, for the construction of a 3.25-acre stormwater detention basin in Lakeland Subdivision. This includes the base bid of $413, plus Add Alternate #1 in the amount of$7,

59 CITY OF HENDERSON, KENTUCKY (.) BID TABULATION SHEET C -... (.) C (/) (.) Q) C - BID REFERENCE NO.: C: - 0 C: ; (/) e.q >- <) Q) CD 0~ DATE BID OPENED: 01/16/19 :I (.) > >- ::> l:; c::: ~ Q) z 2'. ~,l=;(l) U) - - e>- Q) - ~c:: APPROVAL DATE: 0 >, 0 (/)= c::: - c::: -~.0 (ll <( g 0 C: (/) >< a. Ill._ C C (.).!= Q).!!! Q)... ~-a. Q).:.::.c.0 ~ E 'g - 'O Q) ACCEPTANCE FORM SENT: c- <ll C ::> C ro E Ill 0 Q) 0 Q) - >- ~o J: 0 J: CD (.) OI (.) I- Lump Sum Price for Construction and Material $413, $573, $935, $1,019, Add Alternate #1 Price $7, $5, $4, $12, Deduct Alternate #1 Price $22, $34, $30, $20, Deduct Alternate #2 Price $23, $60, $30, $54, Unit Prices (Not to be used for base bid Silt Fencing Installed, Off-Site at Dump Location per LF $2.25 $2.50 $3.00 $4.00 Erosion Control Blankets for Sloped Walls, installed per SF $1.15 $0.15 $0.42 $0.15 Rip-Rap, in place per Ton $29.50 $63.00 $40.00 $47.00 Excavation per CY $11.85 $10.75 $23.00 $22.88 Dewatering During Excavation Setup Price for pump (lump sum) $ $2, $ $5, Hourly Rate for Laborer to Run Pumps $68.00 $86.00 $45.00 $65.00 Other Bidders Contacted: Bids Opened & Recorded By: Bids Reviewed Bv: AVP, Inc, M. Bowling, Inc, River Town Construction, Scneider Farms & Excavating Dawn Winn Leigh Anne Herron Dylan Ward H

60 City of Henderson, Kentucky Invitation to Bid Bid Reference No TECHNICAL SPECIFICATIONS The City of Henderson is soliciting bids for the construction of a new stormwater detention basin that is located within Lakeland Subdivision and for related work as shown in the attached drawings. Work may include but is not limited to the clearing of trees, excavation, and pipe installation. SPECIFICATIONS AND REQUIREMENTS: The work involved under this contract is for the construction of a new stormwater detention basin that is located within Lakeland Subdivision adjacent to Canoe Creek (Exhibit A) that is approximately 3.25 acres in size. All project work and final closeout documents must be completed by May 31, Failure to do so will result in the application of liquidated damages at a rate of Two Hundred and Fifty Dollars ($250.00) for each consecutive calendar day beyond this period. This is a firm deadline as it is working with a deadline set by FEMA. The City expects to issue the "Notice to Proceed" for this project in early February of All potential bidders are required to attend a mandatory pre-bid meeting to be held in the conference room of the Henderson Municipal Service Center, located at 1449 Corporate Court on Monday, January 7, 2019 at 1:30 P.M. Depending on weather conditions, the pre-bid meeting may conclude with a site visit. PLANS: Included in this bid package is a set of plans for the proposed detention basin and drainage structures. The excavation quantity is estimated to be approximately 38,000 CY for the detention basin only. These plans assume a relatively flat ground surface at an elevation of It will be up to the bidder to survey/verify the existing ground elevation relative to the proposed plan shown in the cross-sections and to verify the total excavated quantity. To establish the exact field location for the detention basin, the City will provide two control points in the field on the western edge for the northern and southern most corners of the detention basin. However, the contractor is responsible for all construction staking and grade checks. This bid will be awarded as a lump sum bid. Plans are available in PDF format. To obtain a paper copy, please contact Dylan Ward, Project Manager, at dhward@cityofhendersonky.org or at (270) SAFETY: All work shall be carried out in accordance with all applicable rules and regulations of the Kentucky Labor Cabinet, Division of Occupational Safety and Health, and City Safety Policies.

61 TECHNICAL SPECIFICATIONS Page2 PRODUCT DELIVERY, STORAGE, & HANDLING: Care shall be exercised in transporting and handling to avoid damage to pipe and fittings, and all appurtenances. Materials shall be stored in an enclosure or under protective coverings if required by the Engineer to prevent damage. Materials shall not be stored directly on the ground. The inside of pipes and fittings shall be kept free of dirt and debris. Contractor shall be responsible for all materials furnished and shall replace at his or her own expense all materials found defective in handling after delivery. Contractor shall furnish all materials and labor required for replacement of installed materials discovered defective or damaged. The City reserves the right to reject any materials that do not comply with these standards. INSPECTION: The City's Project Manager shall make periodic observations during construction to provide final certification that the improvements were installed in conformance with City standards and the approved construction drawings. In addition to observation by the Project Manager, a final inspection will be made prior to putting the facilities in service. Final inspection will be made prior to acceptance of any facilities and only after all construction is complete. The Contractor shall provide labor and materials as required to complete the punch list developed during the final inspection. Access to the construction site and construction records shall be provided to City inspectors at all times. HDPE PIPE MATERIAL: HDPE pipe shall have annular exterior corrugations with an integrally formed smooth interior wall. The pipe shall have a full circular cross-section. Pipe shall be joined using a water-tight bell and spigot joint meeting the requirements of ASTM F288 l or AASHTO M330. Gaskets shall meet the requirement of ASTM F477. The pipe shall comply with the requirements for test methods, dimensions and markings found in AASHTO Specification M252 and M294. Pipe joints and fittings shall be of the same stiffness as the pipe. Gaskets shall be manufactured in accordance with ASTM F477. Gasket shall be installed by the pipe manufacturer and covered with a removable, protective wrap to ensure the gasket is free from debris. A joint lubricant available from the manufacturer shall be used on the gasket and bell during assembly. 12- through 60- inch diameter pipes shall have an exterior bell wrap installed by the manufacturer. Fittings shall conform to ASTM F2881 or AASHTO M330. Bell and spigot connections shall utilize a welded or integral bell and valley or inline gaskets meeting the watertight joint performance requirements of ASTM D3212. Pipe and fittings shall be ADS N-12, double wall pipe with smooth interior, or approved equal.

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