City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR TUESDAY, FEBRUARY 19, 2019 BEGINNING AT 5:00 P.M.

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1 City of Henderson, Kentucky NOTCE OF SPECAL CALLED MEETNG FOR TUESDAY, FEBRUARY 19, 2019 BEGNNNG AT 5:00 P.M. February 15, 2019 Commissioner Patti Bugg Commissioner X R. Royster, Commissioner Bradley S. Staton Commissioner Austin P. Vowels Dear Board Members: Please take notice that as Mayor of the City of Henderson, Kentucky, hereby call a special called meeting of the Board of Commissioners to be held on Tuesday, February 19, 2019, at 5:00 p.m., in the third floor assembly room, 222 First Street, Henderson, Kentucky. The purpose of this called meeting is for the following: 1. Roll Call: 2. Presentations: Tamara James - The Children s Program Kit Workshop Tom Williams - Henderson Water Utility Budget Update 3. Consent Agenda: Minutes: January 22, 2019, Regular Meeting 4. Ordinances: Second 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 mprovements at Colonial Cottages Section #3 Ordinance Repealing and Replacing Chapter 8, Cemeteries Fees and Charges Schedule First Readings: Ordinance Amending Chapter 25, Waterways and Division 2, Parking, of Chapter 22 Change Boat Launching Facilities to Boat/Water Craft Trailer Parking Facilities Please mute or turn off all cell phones for the duration of this meeting.

2 NOTCE OF SPECAL CALLED MEETNG FOR TUESDAY, FEBRUARY 19, 2019 BEGNNNG AT 5:00 P.M. Continued 5. Resolutions: Resolution Authorizing the Establishment of a Syringe Access Exchange Program by the Green River District Health Department Resolution Approving the Execution of Supplemental Agreement No. 3 Between the City and the Commonwealth of Kentucky Transportation Cabinet Relating to New ndustrial Park 6. Bids & Contracts: Municipal Order Awarding Bid for the Purchase of Four 2019 Dodge Charger Patrol/Pursuit Vehicles and One 2019 Dodge Charger Sedan to Sternberg, nc. of Jasper, ndiana Municipal Order Awarding Bid for the Purchase of Police Uniforms and Accessories 7. Reports: Dawn Kelsey, City Attorney Upcoming Mass Foreclosure and Collection of Delinquent Property Taxes Trace Stevens, Parks, Recreation, and Cemeteries Director Clarification of Cemetery Policy 8. Board Appointments: (See Board Appointment Sheet) 9. Adjournment Respectfully, Steve Austin, Mayor Please mute or turn off all cell phones for the duration of this meeting.

3 NOTCE OF SPECAL CALLED MEETNG FOR TUESDAY, FEBRUARY 19, 2019 BEGNNNG AT 5:00 P.M. Continued A copy of the foregoing notice received and service thereof waived this 19 th day of February, Commissioner Patti Bugg Commissioner X R. Royster, Commissioner Bradley S. Staton Commissioner Austin P. Vowels Please mute or turn off all cell phones for the duration of this meeting.

4 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager J)}N Presentations tems scheduled under the Presentations section of the agenda are as follows: ~ Ms. Tamara James, Certified Structured Family Recovery Counselor, will make a presentation on The Children's Program Kit Workshop hosted by ntervention Associates, PLLC in partnership with Green River Area Development District - Community Collaboration for Children. ~ Mr. Tom Williams, Henderson Water Utility General Manager, will be in attendance to provide an update on the Henderson Water Utility budget.

5 City Commission Memorandum February 13, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager ~ l\) SUBJECT: Consent Agenda The Consent Agenda for the called meeting of February 19, 2019, contains the following: Minutes: January 22, 2019 Regular Meeting

6 CTY OF HENDERSON - RECORD BOOK 11 Record of Minutes of A_R_eg_u a_r Meeting on ---~J_a_nu_a_r~y_2_2~,_2_01_9 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 22, 2019, 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. NVOCATON was given by Reverend Charles Johnson, Greater Norris Chapel Baptist Church, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner X R. Royster, 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, Community Relations Manager/Public nformation Officer Mr. Robert Gunter, Finance Director Mr. Heath Cox, Police Chief Mr. Brian Williams, Public Works Director Mrs. Brenda Wethington, Mass Transit Superintendent Mr. Dylan Ward, Project Manager Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Mark Simmons, Recreation Program Manager Mrs. Beth Austin, Secretary, Senior Mr. Mike Austin, Bus Operator Mr. Scott Foreman, Fire Chief Mrs. Theresa Richey, Development Liaison Mr. Bryant Woodard, Henderson City/County Rescue Squad Mr. Chris Heimgartner, HMPL General Manager Mr. Randal Redding, HMPL Attorney Mrs. Joan Hoffman and many Friends and Supporters Mr. Clayton Horton, Green River Health District Mr. Chris Hopgood, Henderson City/County Airport Board Reverend Charles Johnson, Greater Norris Chapel Baptist Church Mr. Mike Richardson, Reserve Police Officer Mr. Christian Wilhite, Police Officer Mr. Doug White, the Gleaner 14 News 44 News PRESENTATON: "20-Year Service Award" MAYOR AUSTN expressed appreciation to Secretary Senior, Beth Austin for her 20 years of service and dedication to the City of Henderson. BETH AUSTN, Parks, Recreation, Cemeteries Secretary Senior thanked Mayor Austin and the Board.

7 12 CTY OF HENDERSON - RECORD BOOK Record of Minutes of ~A~R~ec...g=u~la=r Meeting on January 22, 2019 PRESENTATON: "Fairness Ordinance" JOAN HOFFMAN, former Mayor, thanked the Board of Commissioners for time on the agenda to make this presentation. She also thanked a group of people who recognized the need for a Fairness Ordinance and worked under difficult circumstances to seek its passage in She indicated that there is an old story, repeated over and over, that love, compassion and even fairness, cannot be legislated; but she shared another side to the story, which is about fairness in all of its shapes and forms. She spoke of Martin Luther King, Jr. and how we are a better nation and community because he encouraged unity over the desire for comfort and disengagement; our nations racial segregation for public facilities known as "separate but equal;" how President Truman ended segregation in the armed forces in 1948; how Thurgood Marshall argued the case to end segregation in public schools to the Supreme Court and later became the first black Supreme Court Justice; that in 1964 President Johnson signed the Civil Rights Act to prevent discrimination in getting a job because of a person's race or skin color, or whether the person was male or female or because of one's religion or national origin; the Voting Rights Act of 1965 prevented the use ofliteracy tests as a voting requirement; in 1968 the Supreme Court ruled that prohibiting interracial marriages is unconstitutional, which gave all persons of color the right to marry one another-and yes white is a color; and the Fair Housing Act of 1968 provided equal housing opportunity regardless of race, religion or national origin. She stated that America's history is rich in legislation for what is fair. n 1999 the Henderson City Commission voted 3-2 for a Fairness Ordinance and for the next year and a half it was against the law in the City of Henderson to discriminate against gays and lesbians. n 2001 the ordinance was repealed and once again it was legal to discriminate. She reported that currently there are 10 cities in Kentucky that have passed laws to insure LGBTQ fairness-the largest are Lexington and Louisville and Vicco is the smallest town, not only in Kentucky, but in the United States to pass an ordinance outlawing discrimination based on sexual orientation. She indicated that she was confident that each Commissioner had asked the Human Relations Director how many complaints have been made to his Commission concerning this issue. She reported that the answer should not have been surprising because why would those who suffer discrimination report it if there is no assurance anything can be done. She indicated that having a Fairness Ordinance in place can benefit this community in several ways-one being once again known as a truly welcoming town. There are also economic benefits to being known as a fair city, communities with this reputation prosper. Large industries and businesses value diversity. She then quoted her late husband John Stanley Hoffman's remarks to the Commission of 1999 (a portion has been included here): " have heard it said that this issue is divisive to our community. But this community was already divided on equal rights for homosexuals just as this community is divided on equal rights for other segments of our society. This ordinance simply causes us to deal with a social problem that has had an existence for a long time and is but a meager attempt to assure all citizens the right to compete for and to keep a job, the right to have a place to call home, and the right to avail themselves of public accommodations which are open to the entire public. These basic freedoms are among the guarantees of a free society. There is nothing in this ordinance which encourages homosexuality or offers special rights to anyone." She concluded that she and many other citizens are requesting this Commission to bring forward for discussion, for debate and for passage a new ordinance that will assure our LGBTQ friends and neighbors the protection they deserve by prohibiting discrimination on the basis of sexual orientation and gender identity, and to dismantle systemic racism in our town. MAYOR AUSTN thanked Ms. Hoffman for presenting the information. He reported that House Bill 164 has been filed at the state level and that if it comes out of committee it may change a lot of things that all cities across the state will do regarding this issue. He indicated that the Commission will weigh opportunities and possibilities of where to take this and if it comes to an ordinance that is on the agenda there will be plenty of opportunity for public input on the matter at that time.

8 CTY OF HENDERSON - RECORD BOOK 13 Record of Minutes o/ ~A~R=e=gu=l=a~r Meeting on ---~J~an=u=a=r..,_y~2=2~, =2~0~19 PRESENTATON: "Needle Exchange Program" CLAYTON HORTON, Public Health Director for the Green River Health District, gave a brief presentation relating to a project the health department has been working on for about a year and a half. He reported that in 2015 state legislation passed a comprehensive bill to address the heroin and opioid epidemics in Kentucky. As a part of that legislature, health departments now have the ability to operate Syringe Exchange Programs with the consent of local government. He explained that these programs have been around since the 1980s and have been widely studied. The programs strive to get individuals that are using drugs intravenously not to share needles and not to reuse needles as both of these things are risk factors associated with the spread of HV and Hepatitis. Mr. Horton reported that treatment for one case of Hepatitis C costs about $80, per year. He continued to explain that this Program will be funded through the current health department budget and no funds are being requested from the City or the County to operate the Program. The Program not only provides supplies, it gives education on how to be more safe and actually sets up networks where people are connected with the help that they need. He further explained that the thing that kept sticking out in his mind was a study conducted in 2000 that showed that participants of Syringe Exchange Programs were five times more likely to enter into treatment for their addiction. He indicated that this was a proactive step to avoid a situation similar to what happened in Austin, ndiana a few years ago where they had a rapid outbreak of HV that was associated with intravenous drug use. The CDC has indicated a number of areas in Kentucky as high-risk counties for an outbreak of HV, fortunately Henderson is not one of those but there are a few counties in our region or are close to our region that are at risk. MAYOR AUSTN thanked Mr. Horton for presenting the information. He reported that the County had recently passed a resolution of consent and that if the Board of Commissioners wish to move forward with their consent, a resolution would be prepared for a future agenda. APPROVAL OF CONSENT AGENDA: MAYOR AUSTN asked the City Clerk to read the Consent Agenda. Minutes: Resolutions: January 8, 2019, Regular Meeting 14-19: Resolution Approving Agreement Between the Henderson City/County Rescue Squad, the City of Henderson, the County of Henderson, and Henderson Emergency Management Motion by Commissioner Staton, seconded by Commissioner Royster, 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 sl Steve Austin Steve Austin, Mayor January 22, 2019

9 14 CTY OF HENDERSON - RECORD BOOK Record of Minutes of ;ca-=-=r=e'-"g""u=la=r Meeting on January 22, 2019 ORDNANCE NO : FRST READ ORDNANCE AMENDNG PARKS AND RECREATON AN ORDNANCE AMENDNG CHAPTER 17, PARKS AND RECREATON, ARTCLE -N GENERAL, SEC POSSESSON OF ALCOHOLC BEVERAGES PROHBTED OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON DAWN KELSEY, City Attorney, explained that the current operator of the newly acquired former The Players Golf Club has requested to be able to serve alcoholic beverages and under our current ordinances the only City owned recreational areas where alcohol is permitted is in conjunction with a Special Event Permit with Alcohol in Audubon Mill Park/Water Street. MOTON by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. 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 ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ORDNANCE NO : FRST READ ORDNANCE AMENDNG ALCOHOLC BEVERAGES AN ORDNANCE AMENDNG CHAPTER 4, ALCOHOLC BEVERAGES, ARTCLE -LCENSES, SEC FEES, OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON DAWN KELSEY, City Attorney, this ordinance adds a Golf Course License to the list of allowable licenses that the City can permit. This will allow the Bridges of Henderson Golf Course to apply for their state and city licenses. MOTON by Commissioner Vowels, seconded by Commissioner Royster, that the ordinance be adopted. 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 ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ORDNANCE NO : FRST READ ORDNANCE ACCEPTNG PUBLC MPROVEMENTS AN ORDNANCE ACCEPTNG PUBLC MPROVEMENTS AT COLONAL COTTAGES, SECTON #3, N THE CTY OF HENDERSON, CONSSTNG OF WATER, SEWER AND STORM AND EROSON CONTROL MOTON by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted.

10 CTY OF HENDERSON - RECORD BOOK 15 Record of Minutes of ~A~R~e-gu~~a~r Meeting on J_a_nu_a~r.., y_2_2~, _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 ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ORDNANCE NO : FRST READ ORDNANCE RELATNG TO CEMETERY FEES AND CHARGES AN ORDNANCE REPEALNG CHAPTER 8 CEMETERES, ARTCLE FEES AND CHARGES, SECTON 8-45 SCHEDULE, OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON MOTON by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. DAWN KELSEY, City Attorney, explained that over the last several years fees and charges schedules have been taken out of ordinance format and passed as resolutions. This is a housekeeping item to clear up this holdover format. A new resolution setting those rates is the next item on the 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 ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. RESOLUTON NO RESOLUTON SETTNG FEES AND CHARGES FOR CEMETERES AS AUTHORZED BY CHAPTER 8 OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON,KENTUCKY MOTON by Commissioner Vowels, seconded by Commissioner Royster, to adopt the Fees and Charges Schedule for Cemeteries as authorized under Chapter 8 Cemeteries of the Code of Ordinances. TRACE STEVENS, Parks, Recreation and Cemeteries Director, explained that the fees and charges from the former ordinance that was adopted in 2008 were on this schedule of Cemetery Fees and Charges with a few changes. A companion Niche, which hold two cremains, has been completed and the price of those has been set at $1,125.00; the Special Service Charge has been raised from $90.00 per hour to $ per hour-this fee is very infrequently used with the last charges in 2008 for a burial after regular hours; and the last change relates to the automatic five percent increase on these fees and charges, excluding mausoleum crypts. The new annual increases were broken down by services, a three percent increase is recommended; and grave spaces, mausoleum crypts and niches, a four percent increase. These increases better reflect the increased expenses of the cemeteries and will take effect July 1st of each year.

11 16 CTY OF HENDERSON - RECORD BOOK Record of Minutes of A~R~e'-'-gu=la=r Meeting on January 22, 2019 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. sl Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk RESOLUTONNO RESOLUTON AUTHORZNG DONATON OF SURPLUS PROPERTES LOCATED AT 217 LETCHER STREET (PVA # ) AND 219 LETCHER STREET (PVA # ) TO HABTAT FOR HUMANTY OF HENDERSON, KENTUCKY, NC. MAYOR AUSTN indicated that this was in reference to the presentation that Ms. Smith did at the last Board meeting. MOTON by Commissioner Bugg, seconded by Commissioner Staton, authorizing the donation of surplus properties located at 217 and 219 Letcher Street to Habitat for Humanity of Henderson, Kentucky, nc. to be used to build new homes for low to moderate income families. WLLAM L. "BUZZY" NEWMAN, JR., City Manager, reported that Ms. Britney Smith with Habitat for Humanity of Henderson, and Code Administrator Ray Nix have worked together to bring this project to fruition. A third adjacent lot will be purchased by Habitat to incorporate into the project allowing a third home to be completed within the next 18 months. 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. sl Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk MUNCPAL ORDER NO MUNCPAL ORDER ACCEPTNG BD FROM HNDERLTER CONSTRUCTON, NC. OF EVANSVLLE, NDANA, FOR THE PURCHASE OF A GASBOY N THE AMOUNT OF $30, MOTON by Commissioner Royster, seconded by Commissioner Bugg, to adopt the municipal order awarding the bid for the removal of an existing fuel dispenser system, purchase, and installation of a Gasboy sland with two Gasboy mechanical fleet dispensers and related equipment, in strict accordance with the bid as submitted pursuant to Bid Reference

12 CTY OF HENDERSON - RECORD BOOK 17 Record of Minutes o/ =A~R~e_,_gu=l=a~r Meeting on ----'J'-"a=n=u=arc...y~2=2=,'-"2""'0'-"1'-"-9 BRAN WLLAMS, Public Works Director, explained that when Public Works and the Gas Department moved from 5th Street to the new MSC facilities a new fuel system was installed there. n the meantime issues with the old tank at the HART garage facility began, so they used the old system at the 5th Street facility. This will upgrade the two pumps and the keypad system at the 5th Street facility so that they can track fuel usage in the same manner that is done at the MSC facility. The current tanks will not be replaced. DSCUSSON WAS HELD on the whether or not the buses would have difficulties accessing the facility-there is plenty of access for the buses; and how this is being funded-federal monies are being utilized for this project. 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. sl Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk MUNCPAL ORDER NO MUNCPAL ORDER AWARDNG BD FOR PURCHASE OF SMALL PCKUP TRUCK TOD-PATRCK NSSAN OF EVANSVLLE, NDANA, N THE AMOUNT OF $20, MOTON by Commissioner Vowels, seconded by Commissioner Royster, to adopt the municipal order awarding the bid for the purchase ofa 2019 Nissan Frontier extended cab pickup truck from D-Patrick, nc. of Evansville, ndiana, for the Mass Transit division, in strict accordance with the bid as submitted pursuant to Bid Reference DSCUSSON WAS HELD regarding what would be done with the vehicle being replaced-moving to Public Works where a vehicle will be disposed of; and how the vehicle will be funded-federal monies are being utilized for the purchase. 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. sl Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk

13 18 CTY OF HENDERSON - RECORD BOOK Record of Minutes of ca~r~e=g=u=la=r Meeting on January 22, 2019 MUNCPAL ORDER NO : MUNCPAL ORDER ACCEPTNG BD FROM HAZEX CONSTRUCTON COMPANY, NC. OF HENDERSON, KENTUCKY, FOR CONSTRUCTON OF AN APPROXMATELY 3.25 ACRE STORMWATER DETENTON BASN N THE AMOUNT OF $421, DYLAN WARD, Project Manager, reported that this project is an extension of a joint City/HWU stormwater project utilizing FEMA funds that was completed three or four years ago in the Cooper Park subdivision. This next phase of the overall project was redesigned to maximize utilization of the $435, FEMA grant funds awarded for the stormwater project. A detention basin designed to hold a ten-year rain event will utilize property the city acquired in that area for this purpose. He explained that the water within the natural Lakeland Water Shed will be diverted into this detention basin before being released into Canoe Creek thereby reducing flooding in the neighborhood streets and yards. MOTON by Commissioner Vowels, seconded by Commissioner Royster, to adopt the municipal order awarding the bid to Hazex Construction Company, nc. of Henderson, Kentucky, in the amount of $421, for the construction of an approximate 3.25 acre stormwater detention basin within Lakeland Subdivision adjacent to Canoe Creek as part of the Cooper Park Project, in strict accordance with the bid as submitted pursuant for Bid Reference DSCUSSON WAS HELD regarding the size and depth of the uniquely shaped detention basin in order to maximize water storage; that the basin will have flood gates to keep creek water from back flowing into it; if this might help the homeowners reduce flood insurance rates in that area; and the process for submission and acceptance by FEMA of new flood maps once the project is completed. The vote was called. On roll call, the vote stood: CTY 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 22, 2019 Maree Collins, City Clerk WLLAM L. "BUZZY" NEWMAN, JR., asked that Donna Stinnett, Community Relations Manager/Public nformation Officer, and Finance Director Robert Gunter present the Popular Annual Financial Report. DONNA STNNETT, Community Relations Manager/Public nformation Officer, reported that in the fall of 2017 Mr. Gunter had asked her to assist in producing a different kind of financial report to be submitted for certification. This would complete a trifecta of sorts with the budget receiving its tenth year of certification and the comprehensive financial report its 19th year of certification. Our first Popular Annual Financial Report was produced and submitted in the fall of t was printed and distributed to the public in the Municipal Center lobby; the public library; Kyndle (Kyndle sent it out to their policy boards) at the State of the City Address and it was posted on our website. She indicated that the City received notification of certification on the submitted report along with critiques and suggestions of things that could be

14 CTY OF HENDERSON - RECORD BOOK 19 Record of Minutes of =A""'R="-e=gu=l=a=-r Meeting on ----=-J=an=u=a=-ry"-=22=,c..=2=-=0'""'1""""9 changed. She distributed the second Report and indicated that it has been submitted and is awaiting notification of certification. ROBERT GUNTER, Finance Director, thanked Donna for all her help with the project. MAYOR AUSTN indicated that there was a lot of positive comments relating to the Report that was distributed at the State of the City Address. He thanked both Donna and Robert for their work on the Report. WLLAM L. "BUZZY" NEWMAN, JR., reported that due to conflicts in schedules, it was his recommendation that the regular February 1zth Board of Commissioners meeting be rescheduled to a called meeting at 5:00 p.m. on Tuesday, February 19th, immediately before the regularly scheduled Mid-Year Review Work Session. Without objection the meeting was rescheduled from the 12th to the 19th to begin at 5:00 p.m. WLLAM L. "BUZZY" NEWMAN, JR., reported the City had received a letter of appreciation from the W.C. Handy Festival for sponsorship/support of the 2018 event. MAYOR AUSTN indicated that it was a very successful event and we are proud and thankful for all of the volunteers that worked throughout the year for this great event for our community. COMMSSONERS' REPORT: COMMSSONER VOWELS re~orted that the Downtown Henderson Partnership has contacted partners and sponsors of the 4 1 of July Celebration event and have decided to change the event date to July 3rd for the benefit of the sponsor as well as the many participating volunteers. EXECUTVE SESSON: Proposed and Pending Litigation MOTON by Commissioner Bugg, seconded by Commissioner Staton, pursuant to the provisions of KRS (1 )( c) that the Board of Commissioners go into Executive Session for the purpose of discussions of proposed litigation by the City regarding the Henderson Airport and for the discussion of pending litigation by the City against Big Rivers Electric Corporation. 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: MEETNG RECONVENED: MOTON by Commissioner Bugg, seconded by Commissioner Staton, 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:

15 20 CTY OF HENDERSON - RECORD BOOK Record of Minutes o/...za-=-=r=ec.:g=u=la=r Meeting on January 22, 2019 Mayor Austin Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. Clerk's Note: COMMSSONER STATON recused himself from the dais on the following item. RESOLUTONNO RESOLUTON AUTHORZNG NSTTUTON OF PROCEEDNG UNDER EMNENT DOMAN ACT OF KENTUCKY AGANST RANDALL HEATH GREEN AND MELODY J. GREEN ("GREENS"), FOR PROPERTY (PARCEL NUMBER 32-12) LOCATED ADJACENT TO THE HENDERSON CTY-COUNTY ARPORT MOTON by Commissioner Vowels, seconded by Commissioner Royster, to adopt the resolution authoring proceeding under the Eminent Domain Act of Kentucky against Randall and Melody Green for property located adjacent to the Henderson City/County Airport. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Abstain: Commissioner Vowels --- Aye: Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: DAWN KELSEY, City Attorney, asked that the record reflect that Commissioner Staton recused himself from this resolution due to a conflict of interest. WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. sl Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk Clerk's Note: COMMSSONER STATON recused himself from the dais on the following item. RESOLUTON NO RESOLUTON AUTHORZNG NSTTUTON OF PROCEEDNG UNDER EMNENT DOMAN ACT OF KENTUCKY AGANST MARY JANET WLLAMS, JO ANNE WLLAMS, PATRCA L. KUSHNO AND BRETT R. KUSHNO, CO-TRUSTEES OF THE PATRCK L. KUSHNO REVOCABLE TRUST DATED MARCH 17, 2005 ("WLLAMS FAMLY"), FOR PROPERTY (PARCEL NUMBER 32-16) LOCATED ADJACENT TO THE HENDERSON CTY-COUNTY ARPORT MOTON by Commissioner Royster, seconded by Commissioner Vowels, to adopt the resolution authorizing proceeding under the Eminent Domain Act of Kentucky against Mary Janet Williams, Jo Anne Williams, Patricia Kushino and Brett Kushino, Co-trustees of the Patrick Kushino Revocable Trust, for property located adjacent to the Henderson City/County Airport. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Abstain: Commissioner Vowels --- Aye:

16 CTY OF HENDERSON - RECORD BOOK 21 Record of Minutes o/ ~A~R=e=gu=l=ac.c..r Meeting on ----'J'-"a=n=u=a=-ry'-2=2=,'-'2=0""'1'-"-9 Commissioner Bugg Aye: Commissioner Royster -- Aye: Mayor Austin Aye: DAWN KELSEY, City Attorney, asked that the record reflect that Commissioner Staton recused himself from this resolution due to a conflict of interest. WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: January 22, 2019 Maree Collins, City Clerk MEETNG ADJOURN: MOTON by Commissioner Staton, seconded by Commissioner Bugg, 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: WTHOUT OBJECTON, Mayor Austin declared the Meeting adjourned at approximately 7:10 p.m. ATTEST: Steve Austin, Mayor February 19, 2019 Maree Collins, CKMC City Clerk

17 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager 1M). J Amending Chapter 17, Parks and Recreation An item for the agenda of Tuesday, February 19, 2019 is second reading of an ordinance amending Chapter 17, Parks and Recreation, Article, n 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

18 ORDNANCE NO ORDNANCE AMENDNG PARKS AND RECREATON SUMMARY: AN ORDNANCE AMENDNG CHAPTER 17, PARKS AND RECREATON, ARTCLE -N GENERAL, SEC POSSESSON OF ALCOHOLC BEVERAGES PROHBTED OF THE CODE OF ORDNANCES OF THE CTY 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 T ORDANED, Chapter 17, Parks and Recreation, Article 1- n 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 Vowels, seconded by Commissioner Staton, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: AYE AYE AYE Commissioner Royster: Mayor Austin: AYE AYE 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. PUBLCATON DATE: FRST READ: 01/22/2019 SECOND READ: ORDNANCE NO

19 ORDNANCE NO (CONT.) 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, CKMC, City Clerk APPROVED AS TrOO AND LEGALTY THS 1 DAY OF JANUARY, ~19. By: ~~ City Attorney -2-0RDNANCE NO

20 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager Amending Chapter 4, Alcoholic Beverages AJ}~ Final reading of an ordinance amending Chapter 4, Alcoholic Beverages, Article, Licenses, Sec Fees, of the Code of Ordinances is on the agenda for Tuesday, February 19, 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

21 ORDNANCE NO ORDNANCE AMENDNG ALCOHOLC BEVERAGES SUMMARY: AN ORDNANCE AMENDNG CHAPTER 4, ALCOHOLC BEVERAGES, ARTCLE -LCENSES, SEC FEES, OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON WHEREAS, it is necessary to amend Chapter 4, Alcoholic Beverages, Article, Licenses, Sec Fees, of the Code of Ordinances of the City of Henderson. NOW, THEREFORE, BE T ORDANED by the City of Henderson, Kentucky, that Chapter 4, Alcoholic Beverages of the Code of Ordinances is hereby amended as follows: ARTCLE. - LCENSES 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 of KRS , 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 PUBLCA'ffclN ~fr's license, per annum FRST READ: 01/22/2019 SECOND READ: ORDNANCE NO

22 ORDNANCE NO (CONT.) (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) f 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 oftime 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. -2-0RDNANCE NO

23 ORDNANCE NO (CONT.) 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 Vowels, seconded by Commissioner Royster, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: AYE Commissioner Royster: -~AY-E~ Commissioner Vowels: AYE Mayor Austin: AYE Commissioner Bugg: AYE 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 LEGALTY THS if_ DAY OF JANUARY;'~019.,l/ / By: A/ -3-0RDNANCE NO

24 ORDNANCE NO (CONT.) City Attorney -4-0RDNANCE NO

25 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager ~ \.J Acceptance of Public mprovements at Colonial Cottages On Tuesday, February 19, 2019, a final reading of an ordinance accepting water, sewer and storm, and erosion control improvements at Colonial Cottages Section #3 will be presented for consideration. ncluded 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

26 Henderson City-County Planning Commission 1990 Barret Ct. Suite C Hende~on,KV 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 nlet 173 Lineal Feet 105 Lineal Feet 123 Lineal Feet 1 Each 4Each Phone (270) Fax (270) cwayne@hendersonplanning.org

27 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 CTY-COUNTY PLANNNG COMMSSON Attachment C: William Newman Dawn Kelsey

28 Area Reserved for Future Personal Storage Units J..C~... t.mv.._ DMdf/lDflt'...'9'\W Dllt'NO,f'ACUT'f'll!JM~ :,~~ ~n;. "'"""""' -- - GRAPHC SCAlb t &er H. S SCAlf ~.,,,...,.,..,,. "' '"' 1j ji ~ /9. :.Y /' ~h :, / v-<va C::::;... ::. ' :~> " -,. ~ u ju ih ~!! Wet Basin {Open Space Area),u lq 1tl /; -= -----:..::=-:_-::.:=-.::.:c_--::_-.::. _ ~- _o::asin 1 /{::-::.:_-=----== =--:::-::=:-::. =--=- --- _-:;:,;;:;:- =---::.~{/! 1J \. y ~'T1-'L -6.A...l\.i CTA/L.'f. S..--C--c:, -#{,

29 ORDNANCE NO ORDNANCE ACCEPTNG PUBLC MPROVEMENTS SUMMARY: AN ORDNANCE ACCEPTNG PUBLC MPROVEMENTS AT COLONAL COTTAGES, SECTON #3, N THE CTY OF HENDERSON, CONSSTNG OF WATER, SEWERAND STORM AND EROSON 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 T ORDANED 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 nlet 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. PUBLCATON DATE: FRST READ: 01/22/2019 SECOND READ: ORDNANCE NO

30 ORDNANCE NO (CONT.) On first reading of the foregoing ordinance, it was moved by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: AYE Commissioner Royster:.AYE Commissioner Vowels: AYE Mayor Austin: AYE Commissioner Bugg: AYE 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 LEGALTY THS Jj_ DAY OF JANUAR\"i,)019.. / By: j,~,-~ : ~//l4?l,~6". Dawn Kels y // City Attorney -2-0RDNANCE NO

31 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager t<j;a.j Repeal and Replace Ordinance Regarding Cemetery Fees An item for consideration at the Tuesday, February 19, 2019, City Commission meeting is final reading of an ordinance repealing and replacing Section 8-45 establishing fees and charges pertaining to cemeteries. 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 establishing the fee schedule was adopted at the January 22, 2019 Board of Commissioners meeting. Your approval of the attached ordinance and resolution is requested. c: Trace Stevens Robert Gunter

32 ORDNANCE NO ORDNANCE RELATNG TO CEMETERY FEES AND CHARGES SUMMARY: AN ORDNANCE REPEALNG CHAPTER 8 CEMETERES ARTCLE. FEES AND CHARGES SECTON 45-SCHEDULE, OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON WHEREAS, it is necessary to repeal Chapter 8 Cemetries, Article. 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 T ORDANED by the City of Henderson, Kentucky, that Chapter 8; Section 45- Fee Schedule is hereby repealed as follows: ARTCLE. - FEES AND CHARGES Sec Schedule Adult Grave Spaces Femvwod Cemetery Sections A, B & C All Other Sections Fairmont Cemetery Sections F & G All Other Sections nfant Grav'e Space ( l /4 adult space) Mausoleum Crypt Femvwod Cemetery Outside Double Fairmont Cemetery (includes nameplate) nside Double nside Single Outside Double Outside Single Ni-elle $ $ $ $ FREE $3, $6, $3, $4, $2, $ ndividual spaces for infants tv,ro years of age or less shall be provided free of charge at time of need if at least t>.-vo (2) Adult grave spa-ces are purchased at the regular price. Grav e and Crypt Deferred Payment Plan Price plus 10% PUBLCATON DATE: FRST READ: 01/22/2019 SECOND READ: ORDNANCE NO

33 ORDNANCE NO (CONT.) Burials/disinterments A.dult (3 6" in length or more) Monday Friday Saturday & Holiday* Sunday nfant (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 administrative offices. Chapel Use Special Service Charge (per hour) Foundations, per square inch $ $ $ 0.34 All of the above fees and charges, except for the cost of mausoleum crypts, shall automatically increase by five percent (5%) annually on July 1st of each year beginning July 1, ~ The fees and charges for the city owned cemeteries shall be established from time to time by the board of commissioners. ORDNANCE NO

34 ORDNANCE NO (CONT.) 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 Royster, seconded by Commissioner Vowels, that the Ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: Commissioner Vowels: Commissioner Bugg: AYE AYE AYE Commissioner Royster: Mayor Austin: AYE AYE 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 LEGALTY THS /7 DAY OF JANUAR~J019.,y.-'7 By: City Attorney ORDNANCE NO

35 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager /t,?a.l Amending Chapter 25, Waterways, and Division 2, Parking in Chapter 22 First reading of an ordinance amending portions of Chapter 25, Waterways, and Division 2, Parking, of Chapter 22 of the Code of Ordinances is on the agenda for Tuesday, February 19, The proposed amendment changes the content of the ordinance from regulations of "boat launching" to "boat/water craft trailer parking". To incorporate this change, the title of Article, Second Street Boat Launching Facility, is revised to read as Article, Second Street Boat/Water Craft Trailer Parking Facility, and the language of the ordinance is changed throughout replacing all instances of the terms "launch" or "launching" with the term "parking." These changes also require revisions to Division 2, Parking, in Chapter 22, Traffic and Motor Vehicles that reference the Second Street Boat Launching facility. n addition, the ordinance is revised to create a Boat/Water Craft Trailer Parking Permit to replace the existing annual Boat License for both the Second Street and Ralph G. Hays Facilities and increase the fee for such to thirty dollars ($30.00) from the current twenty-five dollars ($25.00). The proposed changes reqmre Sec , Watercraft launching, to be repealed m its entirety. Dawn Kelsey, City Attorney, will be present to answer any questions you may have regarding these changes. Your approval of the attached ordinance is requested. c: Robert Gunter Susan Byant

36 ORDNANCE NO. ORDNANCE AMENDNG CHAPTER 22- TRAFFC AND MOTOR VEHCLES AND CHAPTER 25-WATERWAYS SUMMARY: AN ORDNANCE AMENDNG CHAPTER 22, TRAFFC AND MOTOR VEHCLES, DVSON 2-PARKNG; SEC LMTED FREE PARKNG, AND SEC FNES; AND AMENDNG CHAPTER 25, WATERWAYS, ARTCLE - SECOND STREET BOAT LAUNCHNG FACLTY, DVSON 1-GENERALLY, SEC PARKNG; DVSON 2.-BOAT LCENSE; SEC REQURED; EXCEPTONS, SEC DUE DATE, SEC SSUANCE; TERM,SEC REGSTRATON STCKERS, SEC TRANSFER, SEC DSPOSTON OF FUNDS, SEC REFUNDS, SEC PENALTY; AND ELMNATNG N TS ENTRETY SEC WATERCRAFT LAUNCHNG, OF THE CODE OF ORDNANCES OF THE CTY OF HENDERSON WHEREAS, it is necessary to amend Chapter 22 - Traffic and Motor Vehicles, and Chapter 25 - Waterways of the Code of Ordinances of the City of Henderson. NOW, THEREFORE, BE T ORDANED by the City of Henderson, Kentucky, that Chapter 22 - Traffic and Motor Vehicles and Chapter 25 - Waterways of the Code of Ordinances are hereby amended per Exhibits A and B attached hereto and made a part of. 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 Royster: Commissioner Vowels: Mayor Austin: Commissioner Bugg: 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.

37 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 LEGALTY THS ~DAY OF FEBRUA"RsY, / By: / )//,;_..,,, (_~/",, /..J(}/!J:,tv >~.,~(~,,x? ' 1 Dawn S. Kelsey "-..._) c/ City Attorney -2-

38 DVSON 2. - PARKNG Sec Definitions. The following words and phrases, when used herein, shall have the following meanings: (1) Loading zones shall mean a space or section of the street adjacent to the curb set aside for the exclusive use ofloading or unloading person, or supplies and merchandise. (2) Park or parking shall mean the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers and merchandise. (3) Vehicle shall mean any device in, upon or by which any person or property is or may be transported upon a street or highway, except those operated upon rails or tracks. Sec Limited free parking. There shall be no charge for the parking of vehicles on the public streets or at the Second Street Boat/Water Craft Trailer Parking [Launch] area provided, however, that: (a) t shall be unlawful for any motor vehicle parked for a period longer than two (2) consecutive hours, unless otherwise designated for a shorter period of time by the city manager or unless the motor vehicle has a valid residential parking permit affixed to its rear window, between the hours of 8:00 a.m. and 5:00 p.m. of any day, except Saturday, Sunday and legal holidays, in the marked parking spaces on those sections of public streets in the downtown area as follows: First Street-From Water Street to Green Street; Second Street-From Water Street to Green Street; Third Street-From Water Street to the mid-block alley east of Elm Street on the south side of the street; Third Street-From Main Street to Green Street on the north side of the street; Water Street-From Washington Street to Third Street; Main Street-From Washington Street to a point approximately two hundred fifteen (215) feet north of Third Street on the west side of the street; Main Street-From Washington Street to a point approximately two hundred twenty (220) feet north of Third Street on the east side of the street; Elm Street-From the entrance of the Municipal Center to a point approximately ninety-three (93) feet north of Third Street on the west side of the street; Elm Street-From Center Street to a point approximately seventy (70) feet north of Third Street on the east side of the street; and (b) On Saturdays and Sundays from May 1 to September 30, and on Memorial Day, ndependence Day, and Labor Day, no motor vehicle shall be parked or allowed to stand unattended in the Second Street Boat/Water Craft Trailer Parking Area [Launch parking area] except for [motor vehicles [that]] boat/water craft trailers or vehicles with a water craft roof rack carrier that have affixed a current boat/water craft trailer parking [launching] sticker [ or a current v;atercraft launching sticker] issued pursuant to [[section] of this chapter] Division 2. Boat/Water Craft Trailer Parking Permit of Chapter 25, Waterways or motor vehicles parked in spaces designated by signs as "Playground Parking." For all other days, between the hours of 8:00 a.m. and 5:00 p.m. of any day ( except as designated above), it shall be unlawful for any motor vehicle to be parked for a period longer than two (2) consecutive hours, unless otherwise designated EXHBT "A"

39 for a shorter period of time by the city manager or designated by signage in the marked parking spaces anywhere within the Second Street Boat/Water Craft Trailer Parking Area [Launch parking area], except for motor vehicles towing boat/water craft trailers or vehicles with a water craft roof rack carrier that have affixed a current boat/water craft parking [launching] sticker [ or motor vehicles that have affixed a current watercraft launching sticker] issued pursuant to [[section] 25 34, article ] Division 2. Boat/Water Craft Trailer Parking Permit of Chapter 25, Waterways of this Code. (c) The "Second Street Boat/Water Craft Trailer Parking Area" [Launch" parking area] as used herein is that paved area extending west from Water Street on a line with Second Street, then north on the connector road running along the Ohio River, and then east on a line with Third Street to Water Street. "Legal holidays" as used herein means New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, ndependence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Day, and the day before or the day after Christmas Day, as designated by the city manager. Sec Evading time limitations prohibited. t shall be unlawful to move a vehicle from one (1) space to another for the purpose of evading time limitations on parking. Therefore, if a vehicle is shown by the electronic marking device used by the city's parking enforcement officer to have occupied parking spaces within the state regulated areas more than ten (10) times in a one-week period (Monday through Friday), then the owner or operator of said vehicle shall be deemed to have moved said vehicle for the purpose of evading time limitations on parking which shall constitute a parking violation and such violator shall be notified in writing of such violation and shall be subject to the penalties set forth in section below. Sec Fines. (a) An owner(s) of a motor vehicle which has violated the provisions of sections or regarding parking may, within five (5) business days after the time when notice of the violation was attached to such vehicle, or received by mail or hand delivered, pay the director of finance, or his/her duly authorized representative, in full satisfaction of such violation, the sum of five dollars ($5.00) if such violation is for overtime parking on public streets, or at the Second Street Boat/Water Craft Trailer Parking Area [Launch parking area], and twenty dollars ($20.00) if such violation is for parking in excess of ten (10) times in a one-week period (Monday through Friday). (b) f the owner(s) fails to pay for such violation within the five (5) business day period, he/she may within ten (10) business days after the time when such notice was attached to such vehicle, received by mail or hand delivered, pay the director of finance, or his/her duly authorized representative, in full satisfaction of such violation, the sum of ten dollars ($10.00) if such violation is for overtime parking on public streets, ten dollars ($10.00) if such violation is for overtime parking at the Second Street Boat/Water Craft Trailer Parking Area [Launch parking area] and thirty dollars ($30.00) if such violation is for parking in excess of ten (10) times in a one-week period (Monday through Friday). Fines for any violations of this section may be waived by the city manager, or his designee, upon determination by the city manager, or his designee, that mitigating circumstances exist justifying such waiver. The burden of showing

40 mitigating circumstances lies solely upon the violator and must be presented to the city manager, or his designee, prior to the matter being referred to court for nonpayment.

41 Chapter 25 - WATERWAYS ARTCLE. -N GENERAL Secs Reserved. ARTCLE. - SECOND STREET BOAT/WATER CRAFT TRALER PARKNG [LAUNCHNG] FACLTY DVSON 1. - GENERALLY. Sec Parking. On Saturdays and Sundays from May 1 to September 30, and on Memorial Day, ndependence Day, and Labor Day, no motor vehicle shall be parked or allowed to stand unattended in the Second Street Boat/Water Craft Trailer [Launch] parking area except for motor vehicles towing boat/water craft trailers or vehicles with a water craft roof rack carrier that have affixed a current boat/water craft trailer parking permit [launching] sticker issued pursuant to Division 2 of this Chapter. At all other times, parking is permitted by any motor vehicle subject to the regulations contained herein and in Chapter 22 of this Code. For purposes of this division, the "Second Street Boat/Water Craft Trailer [Launch] [p]~arking [a]area" is that paved parking area extending west from Water Street on a line with Second Street, then north on the connector road running along the Ohio River, and then east on a line with Third Street to Water Street. Secs Reserved. DVSON 2. -BOAT/WATER CRAFT TRALER PARKNG PERMT [LCENSE] Sec Required; exceptions. (a) For the purpose of providing revenue for the improvements and maintenance of the City of Henderson's boat/water craft trailer parking [launching] facilities, an annual [license] permit fee of [twenty five] thirty dollars [($25.00)] ($30.00) per boat/water craft trailer or vehicle with a water craft roof rack carrier is hereby imposed upon all persons, firms, corporations and organizations [launching or causing to be launched boats] parking at the Second Street Boat/Water Craft Trailer [Launch] [p]~arking Facility and/or the Ralph G. Hays [Launching] Boat/Water Craft Trailer Parking Facility of the City of Henderson, Kentucky. (b) This division shall not apply to [beats] vehicles/trailers owned and operated by any governmental agencies. Sec Due date. The[license] permit fee imposed by this division shall be due and payable on the thirtieth day of April of each [license] permit year. Sec ssuance; term. Upon payment of the annual [license] permit fee herein provided, a [license] permit shall be issued by the City of Henderson, Kentucky, for each boat/water craft trailer or vehicle with a water craft roof rack carrier registered under the provisions of this division. Each [license] permit shall be good for a period of one year beginning on the first day of May and ending on the thirtieth day of April of each [license] permit year. EXHBT "B"

42 Sec Registration stickers. The City of Henderson, Kentucky, shall provide registration stickers with numbers corresponding to the numbers of the [license] permit issued hereunder, which registration stickers shall be at all times displayed conspicuously upon the wench stand of the boat/water craft trailer or the vehicle roof rack for vehicles with a water craft roof rack carrier. t shall be unlawful for any person, firm, corporation or organization subject to the provisions of this division to [launch or cause to be launched] park such boat/water craft trailer or vehicle with a water craft roof rack carrier at the Second Street Boat/Water Craft Trailer [Launch] [r]_earking Facility and/or the Ralph G. Hays Boat/Water Craft Trailer Parking [Launching] Facility of the City of Henderson, Kentucky, without proper display of such registration or sticker. Sec Transfer. (a) t shall be unlawful for any person, firm, corporation or organization subject to the provisions of this division to transfer or cause to be transferred from one trailer or water craft roof rack carrier to another any [license] permit or registration sticker issued pursuant to the provisions of this division. (b) Whenever any boat/water craft trailer or vehicle with a water craft roof rack carrier for which said [license] permit has been issued changes ownership, the transferor shall cause such [license] permit sticker to be removed from said boat/water craft trailer or vehicle with a water craft roof rack carrier and mutilated. On the transfer of another boat/water craft trailer or vehicle with a water craft roof rack carrier to said transferor, and on proof of such mutilating, which may be in the form of an affidavit of said transferor, the City of Henderson shall cause a [license] permit to be issued and provide such transferor with a registration sticker for such boat/water craft trailer or vehicle with a water craft roof rack carrier without charge for the remainder of the [license] permit year for which [license] permit was originally issued. Sec Disposition of funds. All money derived from the [license] permit fees under the provisions of this division shall be placed in a separate account of the City of Henderson, Kentucky, and said sums shall be used and expended in each [license] permit year for the maintenance, repair and operation of the Second Street Boat/Water Craft Trailer [Launch] [p]_earking Facility and/or the Ralph G. Hays Boat/Water Craft Trailer Parking [Launching] Facility. Sec Refunds. There shall be no refunds made by the city by reason of the payment of any [license] permit fee imposed by this division. Sec Penalty. Any person, firm, organization or corporation failing to obtain an annual [license] permit as provided for by this division, or failing to comply with any of the provisions of this division, shall, upon conviction thereof in the District Court of Henderson County, be fined a sum of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00) for each offense, and each day of such violation shall be deemed a separate offense.

43 Sec [Watercraft launching. (a) An annual watercraft launch permit may be obtained from the department of finance for the sum of 1:1.venty five dollars ($25.00) for any vmtercraft that does not require a state license. The department of finance can require proof of ovmership of the 1.v:atercraft. The permit fee will be due on i\.pril 13 of each year. (b) The permit is nontransferra.ble. The decal shall be permanently attached to the vehicle's inside levier corner of the rear 1.vindow, driver's side and must be clearly visible from outside the vehicle. (c) A.ny vehicle launching a watercraft, that does not require a state license, from the Second Street Boat Launch may park in the Second Street Boat Launch Parking Area if the vehicle has a current Vlatercraft launch permit as provided by in subsection 22 62(b).] Reserved

44 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager /vp,aj Syringe Access Exchange Program The accompanying resolution establishes the creation of a synnge access exchange program by the Green River District Health Department. Sharing needles, syringes and other drug injection equipment is one of the highest causes of HV infection in the United States; and, contaminated drug injection equipment puts the public and first responders at risk for exposure through accidental needle sticks when corning into contact with contaminated equipment. The purpose of this program is to reduce the risk of spreading infectious diseases through the availability of sterile drug injection equipment. By your approval of the resolution, the City of Henderson consents to and requests the Green River District Health Department to develop an evidence-based syringe access exchange program to prevent and control the spread of communicable diseases associated with injection drug use. Your approval of the attached resolution is requested.

45 RESOLUTON NO A RESOLUTON OF THE BOARD OF COMMSSONERS OF THE CTY OF HENDERSON ESTABLSHNG THE CREATON OF A SYRNGE ACCESS EXCHANGE PROGRAM BY THE GREEN RVER DSTRCT HEALTH DEPARTMENT WHEREAS, sharing needles, syringes and other drug injection equipment is one of the highest causes of HV infection in the United States, and 1 in 5 intravenous drug users are positive but do not know their status; and WHEREAS, contaminated drug injection equipment puts the public and first responders at risk for exposure through accidental needle sticks when such contaminated equipment is improperly discarded; and WHEREAS, substance abuse continues to plague our community both from a human and economic standpoint; for every $1 spent on a syringe access exchange program, up to $7 is saved on costs associated with HV infection; and WHEREAS, the Green River District Health Department is statutorily mandated per KRS to perform the duties of detection, prevention and control of communicable diseases such as Hepatitis C and B and HV, and implementation of a syringe access program helps fulfill this mandate; and WHEREAS, the Center for Disease Control and the National Academy of Sciences agree that syringe access exchange programs are an effective public health approach to reducing HV and viral hepatitis infection; and syringe access programs have also been shown to not encourage individuals to begin using drugs, nor increase drug use among existing users, nor increase crime in neighborhoods in which such a program operates; and WHEREAS, the General Assembly of the Commonwealth of Kentucky passed Senate Bill 192 in the 2015 Regular Session which amended KRS 218A.500, adding sections (5)(a)-(c), enabling local health departments to operate a substance abuse treatment outreach program which allows participants to exchange hypodermic needles and syringes with the consent of the local board of health and the legislative body of the city and county in which the program would operate; and WHEREAS, the creation of an exchange program for hypodermic needles and syringes is in the best interests of the citizens of Henderson, Kentucky; and WHEREAS, the Fiscal Court of Henderson County, Kentucky passed a similar resolution at its January 22, 2019 meeting. 1

46 NOW THEREFORE, BE T RESOLVED by the Board of Commissioners of the City of Henderson as follows:. The Board of Commissioners of the City of Henderson believe that a syringe access exchange program would reduce the risk of spreading infectious diseases through the availability of sterile drug injection equipment. 2. The Board of Commissioners of the City of Henderson consent to and request the Green River District Health Department to develop an evidence based syringe access exchange program to prevent and control the spread of communicable diseases associated with injection drug use and in so doing advance the public safety of the residents of Henderson, Kentucky. 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. ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALTY THS _LL DAY OF FEBRUARY By: Dawn S. Kelsey City Attorney 2

47 City Commission Memorandum February 13, 2019 TO: FROM: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager w,j SUBJECT: Supplemental Agreement No. 3 The accompanying resolution accepts and authorizes the execution of Supplemental Agreement No. 3 between the City of Henderson and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, modifying the project scope. The City previously received Federal Grant Funds for the Henderson Riverfront Development Projects. This resolution authorizes the City to use profits from the sale/lease of the property by reinvesting in the maintenance of rights-of-way and any unsold lots. Supplemental Agreement #3 has been reviewed by the Kentucky Transportation Cabinet and your approval of the attached resolution is requested. c: Dylan Ward

48 RESOLUTON NO. --- RESOLUTON ADOPTNG AND APPROVNG THE EXECUTON OF SUPPLEMENTAL AGREEMENT NO. 3 BETWEEN THE CTY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATON CABNET, DEPARTMENT OF HGHWAYS, MODFYNG THE PROJECT SCOPE WHEREAS, the City of Henderson has entered into an agreement with the Kentucky Transportation Cabinet for receipt of Federal Grant Funds for the Henderson Riverfront Development Projects (P ); and WHEREAS, the City of Henderson desires to amend the Riverfront Development Project of listed project activities and the Kentucky Transportation Cabinet has agreed to modify the project scope; and WHEREAS, the City of Henderson desires to enter into the Supplemental Agreement No. 3 with the Kentucky Transportation Cabinet for the Henderson Riverfront Development Project for Bid Package 4 which has been reviewed and approved by the "Cabinet" and the City is authorized to use profits from the sale/lease of the property which must be reinvested in accordance with the term and conditions of the attached agreement into Title 23 eligible activity as identified in the Master Plan; and WHEREAS, the City Manager recommends that Supplemental Agreement No. 3 be accepted and executed. NOW, THEREFORE, BE T RESOLVED that the City of Henderson, Kentucky does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in said Supplemental Agreement No. 3, a copy of which is attached hereto, and that the Mayor is hereby authorized to sign said 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: 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

49 APPROVED AS TO FORM AND LEGALTY THS l>:.day OF FEBRUARY, By: City Attorney

50 AGREEMENT BETWEEN THE KENTUCKY TRANSPORTATON CABNET AND CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT SUPPLEMENTAL AGREEMENT 3 WTNESSETH: WHEREAS, the Federal Highway Administration (FHWA}, through the Kentucky Transportation Cabinet (CABNET) and the City of Henderson (RECPENT) entered into an agreement on August 19, 2008 (P ) wherein the CABNET approved up to $8,600,000 of reimbursable federal funding for the Henderson Riverfront Development (PROJECT}, listed as item number in the current Six-Year Highway Plan and known as Federal Project Numbers 0153(007), 0153(008), 0153(009), 0153(010), and 0153(011 ); WHEREAS, SAFETEA-LU included an appropriation of Ten Million Dollars ($10,000,000.00) for the PROJECT; of which the RECPENT has received authority to obligate up to $8,999,001 and the CABNET and the RECPENT with approval from the FHWA entered into Supplemental Agreement No. 1 on January 23, 2015 wherein the CABNET approved the additional $484,562 in reimbursable federal funds and modified the scope of the PROJECT; WHEREAS, the CABNET approved the Master Plan for Bid Package 4 for land acquisition and future riverfront projects and the modification of the PROJECT scope pursuant to the Master Plan and authorization to expend the balance of reimbursable federal funds on such infrastructure improvements through Supplemental Agreement No. 2, executed July 18, 2018; WHEREAS, the United States Congress provided for the disbursement of funds for this PROJECT, in Henderson County, Kentucky: as referred to in Section 1702, High Priority Project Number 4216 in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, hereinafter referred to as "SAFETEA-LU", Public Law , 119 Statute 1332 (2005); WHEREAS, the Federal-aid Highway Program is a State Administered Reimbursement Program and the RECPENT shall carry out this PROJECT in accordance with applicable Federal and State laws and regulations including all of Title 49 United States Code (USC}, Title 23 United States Code (USC}, 49 Code of Federal Regulations (CFR}, 23 Code of Federal Regulations (CFR}, and 2 CFR 200, WHEREAS, the RECPENT agrees to accept responsibility for all applicable federal requirements including but not limited to administration, staffing, environmental reviews, design, public involvement, maintenance, operation and construction costs for the PROJECT as identified under this AGREEMENT; WHEREAS, the RECPENT has recently finalized its Master Plan for Bid Package 4 for land acquisition and future riverfront projects and has requested modification of the PROJECT scope pursuant to the Master Plan and authorization to expend the balance of reimbursable federal funds (from sale/lease of the acquired land) on such infrastructure improvements eligible until Title 23 USC; WHEREAS, the RECPENT must comply with applicable CABNET policies and procedures, WHEREAS, Federal-aid projects are to serve a public purpose, the RECPENT is responsible for maintaining any real property or facilities improved pursuant to the PROJECT on a non-profit basis,

51 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 WHEREAS, the RECPENT shall refer to the Federal-Aid Project Development Guide for Local Public Agencies, hereinafter the "GUDE", and any future revisions for assistance in complying with this AGREEMENT, NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the CABNET and the RECPENT hereby agree to Supplemental Agreement No. 3 as follows: Section 1. Project Description. t is understood that the PROJECT has completed Bid Package 1 (Tennis Complex, Riverbank Stabilization, Restroom Facilities at Sunset Park), Bid Package 2 (Riverwalk Extension, Water Street Sidewalk), Bid Package 3 (River ntake Equipment), and is expected to finish Bid Package 4 (Land Acquisition and development a KYTC approved Master Plan). t is further understood that the RECPENT completed its Master Plan for Bid Package 4 which has been reviewed and approved by the CABNET and the RECPENT is authorized to undertake and complete infrastructure improvement work in accordance with the term and conditions of this AGREEMENT and an applicable regulation or directives issued by the CABNET or FHWA. The RECPENT shall undertake and complete all work in accordance with the terms and conditions of this AGREEMENT and any applicable regulations or directives issued by the CABNET or FHWA. Under no circumstances is the RECPENT to advance into any activities for the sale or lease of the acquired property (Bid Package 4) without a written notice to proceed issued by the CABNET. The profits from the sale/lease of the property must be reinvested into at Title 23 eligible activity as identified in the Master Plan. The RECPENT shall maintain a trackable accounting string for transparency in the reinvestment of the profits. Section 2. Annual Progress Report. The RECPENT shall obtain concurrence from the CABNET for any changes to (Attachment A). Approved changes will be incorporated into the agreement and listed in Attachment A. At the end of each calendar year of this agreement, the RECPENT shall prepare an annual progress report detailing all work completed in the previous calendar year under the agreement. Section 3. Duration of Project. t is understood that the effective date of this AGREEMENT shall be the date of the execution of the Original Agreement (August 19, 2008). After execution of Supplemental Agreement No. 3, the CABNET will return a copy of the AGREEMENT to the RECPENT and issue a Notice to Proceed to begin work on a particular Phase of the PROJECT. Expenditures made prior to the effective date of the AGREEMENT and before the Notice to Proceed for the particular Phase covering the expenditure shall not be eligible for reimbursement. The Term of Eligible Reimbursement under this AGREEMENT shall be three (3) years from the date of its execution unless that Term is extended or amended by written agreement in accordance with the provisions of KRS 45A and 2 CFR Part 200 as to period of performance. Any and all funding obligated for any Phase of this PROJECT defined by the approved Scope of Work and authorized changes shall be available to reimburse the RECPENT for eligible work activities completed and costs incurred after the effective date of this AGREEMENT and the Notice to Proceed covering that Phase of the PROJECT. 2

52 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Section 4. Project Funding. t is expressly understood that federal funds for this PROJECT are being provided by the FHWA through the CABNET as they become available. t is the responsibility of the CABNET to obtain these funds from FHWA. authorization or by a series of authorizations. These funds may be authorized by either a single This AGREEMENT is contingent upon the continued availability of appropriated federal funds. f the funds become unavailable for any reason, including the following reasons, this AGREEMENT will be cancelled by the CABNET without penalty, either in whole or in part: the Kentucky General Assembly's failure to appropriate funds, operation of law, a reduction of federal funds. Cancellation for unavailable federal funds is not a default by the CABNET nor does it give rise to a claim against the CABNET. The CABNET has authorized the total anticipated available funds for this PROJECT. federal rescissions and take-downs, the original estimated Ten Million Dollars ($10,000,000) was amended to be Eight Million Nine Hundred Ninty-Nine Thousand and 1 Dollars ($8,999,001). Pursuant to Section 1701 (a)(a)(2)(b) of SAFETEA-LU, pursuant to Section 1701(b)(c) of SAFETEA-LU. After funds will be made available to carry out this PROJECT, The RECPENT agrees to provide the necessary 80/20 local match requirement and agrees to accept responsibility for all federal requirements for the PROJECT. The CABNET may withhold payment of any invoice until the RECPENT submits accompanying backup information (receipts, quarterly reports, etc.) needed to justify the payment of the invoices. t is understood that the value and character of any "in-kind" services contributed toward the local match must be approved by the CABNET and FHWA prior to being credited. All "in-kind" services must meet CABNET and FHWA eligibility and applicability requirements. t is further understood that revisions in the budget and scope may be necessary and may be allowed if they do not exceed the total sum set out above, subject to the prior written approval of the CABNET. n order for the RECPENT to be reimbursed for costs that are not listed in the budget, the RECPENT must obtain written approval from the CABNET prior to incurring these costs. Section 5. Allowable Costs. The PROJECT costs referred to in this AGREEMENT shall be comprised of the allowable direct costs incident to the performance of the sub-projects identified on Attachment A, plus allowable indirect costs, less applicable credit, to be determined in accordance with the standards set forth in the Federal-Aid Policy Guide and 49 CFR Part 18 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). Any expenses incurred prior to the execution of this AGREEMENT shall be non-reimbursable. t is understood that no Section 1702 Surface Transportation Program funds shall be used for staffing, maintenance or operation of the PROJECT. Section 6. Assignability. The RECPENT shall not assign any portion of the work to be performed under this AGREEMENT, or execute any contract or amendment thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT 3

53 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 without the prior written concurrence of the CABNET. Any subcontract between the RECPENT and any third party for work covered by this AGREEMENT must have prior written approval of the CABNET. Any third party contract must comply with the regulations outlined in this AGREEMENT. Section 7. Reporting and Monitoring. The RECPENT shall maintain and comply with all reporting requirements outlined by the CABNET and FHWA. The RECPENT shall submit quarterly progress reports detailing the status of the PROJECT to the CABNET and FHWA. The RECPENT shall submit annual reports to the CABNET detailing Disadvantage Business Enterprise (DBE) participation on any construction related project. The recording and reporting of any purchases shall be in accordance with generally accepted accounting procedures. CABNET concurrence must be obtained by the RECPENT prior to the awarding of any contract for work or materials to be used on this PROJECT. All charges to the PROJECT shall be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charge. The CABNET or FHWA may require additional documentation at their discretion. All checks, invoices, contracts, vouchers, orders or purchasing documents pertaining in whole or in part to the PROJECT shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. The RECPENT shall permit the CABNET and FHWA to conduct periodic site visits to ascertain compliance with federal and state regulations. RECPENT shall maintain financial documents for three (3) years after PROJECT completion the execution of the Project Closure Form by KYTC, Final Acceptance and final reimbursement. The purchase of all Equipment or Property financed in whole or in part pursuant to this AGREEMENT shall be in accordance with applicable state laws and 49 CFR Part 18. The The following required provision shall be included in any advertisement or invitation to bid for any procurement under this AGREEMENT: "Statement of Financial Assistance. This contract is subject to a financial assistance contract between the State and FHWA. Section 8. Environmental Requirements. The RECPENT shall ensure that all applicable environmental requirements are complied with including but not limited to the preparation of appropriate environmental documentation prepared pursuant to the National Environmental Policy Act of 1969 addressing the effects of the proposed PROJECT. f CABNET assistance is required in this regard, an appropriate amount of the PROJECT funds will be set aside to defray the CABNET's costs for this work. Section 9. Permits and Licenses. The RECPENT is responsible for obtaining all permits and licenses required to initiate, to perform, and to complete all phases of the PROJECT in an appropriate and timely manner. Section 10. Responsibility for Claims and Liabilities. The RECPENT shall indemnify and hold harmless the CABNET for all damage to life, person, and property due to the activities of the RECPENT, its subcontractors, agents or employees, in connection with their services under this AGREEMENT. 4

54 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Section 11. Davis-Bacon and Related Acts. Unless waived by the CABNET, the RECPENT shall comply with the Davis-Bacon and Related Acts for contracts in excess of $2,000 for the construction, alteration, and/or repair of public buildings or public works, including painting and decorating. These Acts require all contractors and subcontractors to pay the various classes of laborers and mechanics employed on the contract the wage rates and fringe benefits determined by the Secretary of Labor to be prevailing for corresponding classes of employees engaged on similar projects in the locality. n addition, the Act requires that certain labor standards provisions be specified in the contract awarded to the successful bidder. contract documents. requirements under this provision. An applicable wage determination must also be included in the The RECPENT shall refer to the Davis-Bacon and Related Acts for the Section 12. The Contract Work Hours and Safety Standards Act. During the construction of the PROJECT, the RECPENT shall comply with the Contract Work Hours and Safety Standards Act which contains weekly (after 40) overtime pay requirements and applies to most federal contracts which may require or involve the employment of laborers and mechanics, including watchmen and guards. Section 107 of the Act provides health and safety standards on covered construction work which are administered by the Occupational Safety and Health Administration (OSHA). The RECPENT shall refer to the Contract Work Hours and Safety Standards Act for the requirements under this provision. Section 13. The Copeland "Anti-Kickback" Act. The RECPENT shall comply with the "Anti Kickback" section of the Copeland Act, which makes it punishable to induce any person working on a federally funded or assisted construction project to "give up any part of the compensation to which he is entitled under his contract of employment." The RECPENT shall refer to the Copeland Act for the requirements under this provision. Section 14. Title V - Civil Rights Act of The RECPENT shall comply with all requirements imposed by Title V of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the United States Department of Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21), and the assurance by the RECPENT pursuant thereto, including prohibition regarding discrimination. Section 15. Equal Employment Opportunity. n connection with the execution of this AGREEMENT, the RECPENT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, or disability: The RECPENT shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin, age, or disability. actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection of training, including apprenticeship. Such The RECPENT shall incorporate the foregoing requirements of this paragraph in all subcontracts for services covered by this AGREEMENT. 5

55 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Section 16. Non Discrimination (Executive Order 11246). ). Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the RECPENT agrees as follows: a. The RECPENT will not discriminate against any employee, applicant, contractor or consultant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The RECPENT further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law , and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The RECPENT agrees to provide, upon request, needed reasonable accommodations. The RECPENT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The RECPENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The RECPENT will, in all solicitations or advertisements for work placed by or on behalf of the RECPENT; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. c. The RECPENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the RECPENT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The RECPENT will take such action with respect to any contract, subcontract or purchase order as the CABNET or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. d. The RECPENT will comply with all provisions of Executive Order No of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The RECPENT will furnish all information and reports required by Executive Order No of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the PROJECT books, records and accounts by the CABNET or FHWA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6

56 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 f. n the event of the RECPENT's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the RECPENT may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. g. The RECPENT will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order in every contract, subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No of September 24, 1965, as amended, so that such provisions will be binding upon each contractor, subcontractor, consultant or vendor. The RECPENT will take such action with respect to any contract, subcontract or purchase order as the CABNET or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a RECPENT becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction by the CABNET or FHWA, the RECPENT may request the United States to enter into such litigation to protect the interests of the United States. Section 17. Disadvantaged Business Enterprise (DBE) Requirements. The RECPENT agrees to comply with the DBE Requirements contained within 49 CFR Part 26. DBE Assurance. The contractor, sub-recipient or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. Department of Transportation-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the CABNET deems appropriate. Each contract signed with a consultant or contractor (and each subcontract the prime contractor signs with a sub-contractor) must include this provision. DBE Prompt Payment Requirement. The RECPENT must abide by 49 CFR Part with regard to prompt payment mechanisms and retainage payment. f applicable, all contractors must be paid within ten (10) working days after the RECPENT has been paid by the Cabinet for work performed or services delivered. PROJECT. No recipient or contractor may withhold retainage on any subcontract on this Section 18. Prohibited nterest. No member, officer, or employee of the CABNET or the RECPENT during his tenure or for one year thereafter shall have any financial interest, direct or indirect, in this AGREEMENT or the proceeds thereof as identified in KRS 45A.340. The CABNET and the RECPENT shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter 7

57 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 11A. No member, officer, or employee of the CABNET or RECPENT shall collude or lobby on behalf of this PROJECT without penalty, including but not limited to suspension or debarment. Section 19. Covenant Against Contingent Fees. The RECPENT warrants that no person, selling agency or other organization has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the CABNET shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Section 20. nterest of Members of or Delegates to Congress. No funds have been or will be paid to a member or delegate to the Congress of the United States in connection with the awarding of this federal contract. Nor shall any member of or delegate to the Congress of the United States receive any benefit arising out of this federal contract. Section 21. Standards for the Treatment of Historic Properties. Historic preservation projects shall meet applicable Secretary of the nterior's Standards for the Treatment of Historic Properties, the Standards and Guidelines for Archeology and Historic Preservation, and all other applicable federal or state historic property requirements prior to the payment of any monies under this AGREEMENT. Section 22. Maintenance as Public Facilities. Upon completion of the construction phase of this PROJECT, the RECPENT agrees to maintain the facilities in an acceptable condition and for a public purpose in perpetuity. n addition, any applicable landscaping in any public right of way, and any unsold land of the PROJECT shall be maintained in an acceptable condition to include mowing, trimming, or other maintenance in perpetuity. n the event that the property is not maintained as a public facility, the RECPENT shall reimburse the FHWA for all proceeds provided for in this PROJECT. The RECPENT shall transfer temporary maintenance responsibility to another entity, only upon approval from the CABNET and FHWA, evidenced in writing. t is expressly understood that this maintenance responsibility, if transferred, includes all the provisions of this Section and that the entity accepting this responsibility must be notified of these requirements by an agreement between the RECPENT and that entity, evidenced in writing. Section 23. Americans with Disabilities Act. The RECPENT agrees to comply with the provisions of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, P.L , and other applicable federal regulations relating hereto, issued by the U.S. Department of Transportation, prohibiting discrimination against otherwise qualified individuals under any program or activity receiving federal financial assistance covered by this AGREEMENT and by providing access to all facilities. Section 24. Applicable Laws. This AGREEMENT shall be in accordance with Federal law as cited herein and the laws of the Commonwealth of Kentucky. 8

58 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Section 25. Hold Harmless Clause. The RECPENT shall indemnify and hold harmless the CABNET and all of its officers, agents, and employees from all suits, actions, or claims of any character because of any injuries or damages received by any person, persons, or property resulting from implementation of any phase of the PROJECT. Section 26. Contract Completion. The RECPENT is responsible for ensuring that all PROJECT construction activities have been completed and is responsible for providing all of the necessary paperwork as required by the construction contract. This involves conducting a pre-audit of all contract items and associated paperwork. When complete, the RECPENT's project engineer in responsible charge of the PROJECT shall notify the CABNET the PROJECT is ready for final inspection. RECPENT will conduct, document and submit to the CABNET a field inspection to verify completion of the work in substantial conformance with the AGREEMENT. The RECPENT's project manager shall certify the PROJECT was constructed in accordance with the plans and specifications and that the contractor has paid all suppliers and subcontractors in full. n accordance with 2 CFR 200, the RECPENT shall maintain all PROJECT records for three (3) years after final payment. Section 27. Audit and nspection. The RECPENT, contractor and any subcontractors shall permit the CABNET, the Comptroller General of the United States and the Secretary of the United States Department of Transportation, or their authorized representatives, to inspect and approve all phases of the PROJECT and all relevant PROJECT data and records, including any audit(s) of the RECPENT pertaining to the PROJECT. The RECPENT hereby acknowledges its duty to the CABNET to determine whether it is subject to the Single Audit Act of 1984, P.L , and the Single Audit Act Amendments of 1996, P.L The RECPENT shall follow 2 CFR 200. n Accordance with 2 CFR 200 Subpart F, f the RECPENT has expended more than $750,000 in Federal funding from all sources in the RECPENT's fiscal year, the RECPENT shall provide the CABNET copies of their 2 CFR 200 Subpart F audit reports within 9 months of their fiscal year end. The RECPENT hereby acknowledges it is responsible to inform any entity it intends to hire or use as a contractor, as defined in KRS 45A.030(9), that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any of the contractor's books, documents, papers, records, or other evidence, which are directly pertinent to this AGREEMENT for the purpose of financial audit or program review. The Furthermore, any of the contractor's books, documents, papers, records or other evidence provided to the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the Legislative Research Commission which are directly pertinent to the AGREEMENT shall be subject to public disclosure regardless of the proprietary nature of the information, unless specific information is identified and exempted and agreed to by the Secretary of the Finance and 9

59 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Administration Cabinet as meeting the provisions of KRS (1 )(c) prior to the execution of the AGREEMENT. The Secretary of the Finance and Administration Cabinet shall not restrict the public release of any information, which would otherwise be subject to public release if a State government agency were providing the service. Section 28. Campaign Finance. The contractor swears under the penalty of perjury, as provided by KRS , that neither he/she nor the entity which he/she represents has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. Section 29. Violations. Pursuant to KRS 45A.485, the RECPENT or contractor shall reveal to the Cabinet any final determination of a violation within the previous five (5) year period pursuant to KRS Chapters 139, 136, 141, 337, 338, 341 and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health law, unemployment compensation law, and workers compensation insurance law, respectively. The RECPENT agrees to be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 for the duration of this AGREEMENT. Failure to reveal a final determination of a violation of the reference statutes or to comply with these statutes for the duration of the AGREEMENT shall be grounds for the cancellation of the AGREEMENT and disqualification of the RECPENT or contractor from eligibility for future state contracts for a period of two (2) years. Section 30. Personal Service Contracts and Memoranda of Agreement. f this AGREEMENT comes under the purview of KRS 45A A.725, payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after disapproval of the Government Contract Review Committee unless the decision of the committee is overridden by the Secretary of Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority.:. Section 31. Disputes. Any dispute concerning a question of fact in connection with the work not disposed of by agreement between the RECPENT and the CABNET shall be referred to the Secretary of the Transportation Cabinet of the Commonwealth of Kentucky, or his duly authorized representative, whose decision shall be final. Section 32. Agreement Change. Any proposed change in this AGREEMENT shall be at the mutual consent of the RECPENT and the CABNET and be evidenced in writing. Section 33. Termination. The CABNET may cancel this AGREEMENT at any time deemed to be in the best interest of the CABNET by giving 30 days written notice of such cancellation to the RECPENT. f the AGREEMENT is canceled under this provision, the CABNET shall reimburse the RECPENT according to the terms hereof for all expenses incurred under this AGREEMENT to the date of such cancellation. The RECPENT reserves the right to cancel this AGREEMENT at any time deemed 10

60 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 to be in their best interest by giving 30 days written notice of such cancellation to the CABNET. f the AGREEMENT is canceled under this provision, the CABNET shall reimburse the RECPENT for all expenses incurred under this AGREEMENT according to the terms hereof to the date of such cancellation. Section 34. Land Acquisition. Should the PROJECT require the acquisition of any interest in real property by the RECPENT; the RECPENT must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (49CFR part 24), State Law and KYTC Division of Right of Way & Utilities Right of Way Guidance Manual and Relocation Assistance Manual. n the event condemnation occurs, the CABNET shall require prior written approval prior to the institution of any condemnation proceedings by the RECPENT. The RECPENT shall ensure that all real property acquisition, relocation assistance, and property management are completed in a fair, equitable and approved manner consistent with all State and Federal laws and regulations governing the acquisition of real property for public use using Federal highway funding. (1) The RECPENT shall either adopt in writing the CABNET's written Policies and Procedures for Right of Way Acquisition and Relocation Assistance or present its own written Policies and Procedures for approval by the CABNET's Division of Right of Way and Utilities and, if applicable, the FHWA. (2) The RECPENT shall conduct all appraisals and appraisal reviews using personnel meeting the CABNET's minimum qualifications and listed on the CABNET's pre-qualified appraiser and reviewer list. (3) f the RECPENT chooses to use an acquisition consultant on all or any portion of the PROJECT, the selection of the consultant shall be in accordance with the CABNET's Division of Right of Way Guidance Manual. (4) All appraisals must be reviewed and approved by the CABNET's Central Office review appraisers, failure to do so will result in the PROJECT being ineligible for reimbursement. (5) The RECPENT shall provide property management in accordance with approved procedures and be responsible for the abatement of any asbestos containing materials and removal of contaminated soils pursuant to applicable State and Federal laws and regulations. (6) The RECPENT shall provide the CABNET and, when applicable, FHWA, necessary assurance that all real property has been acquired and all displaced individuals, businesses, non-profit organizations and farms have been offered relocation assistance according to applicable State and Federal laws and regulations. (7) The RECPENT shall provide the CABNET, and when applicable, FHWA, necessary documentation for review and approval at various stages of the acquisition process, as described in the CABNET's Right of Way Relocation Assistance Guidance Manual. The CABNET shall: (1) Review all appraisal reports to ensure proper appraisal practice and procedures as well as compliance with State and Federal laws and regulations, and (2) Approve the final value conclusion through the Director, Division of Right of Way and Utilities. The RECPENT shall provide to the CABNET the following information on each parcel of real property to be acquired: 11

61 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 A title opinion for the Property, An accurate legal description and plat delineating the shape and location of the Property to be acquired, The total area of the Property, The Property interest to be acquired Should the acquisition of real property result in the displacement of a tenant-occupant, such displacement shall be subject to the requirements of the URA, as set out in implementing regulations 49 CFR Part 24. A displaced tenant shall be eligible for moving expenses and any other relocation expenses for which they might qualify. Section 35. Restrictive Easements. The RECPENT acknowledges that the CABNET will require the placement of a restrictive easement approved by and in favor of the CABNET in the chain of title of any real property acquired or improved pursuant to the PROJECT in favor of the CABNET. f the Owner of any real property acquired or improved pursuant to the PROJECT is different from the RECPENT, then the Owner shall sign and be made a party to this AGREEMENT and the Owner hereby acknowledges, covenants and consents to the placement of a restrictive easement for perpetual maintenance of the property acquired or improved pursuant to the PROJECT in the chain of title in favor of the CABNET prior to final reimbursement by the CABNET. Section 36. Reimbursable Utility Relocations. When conducting a utility relocation, KRS and KRS determine the necessity of payment on behalf of the utility company in question. When law requires the reimbursement of the work, the cost of constructing the most economical type of facilities that satisfactorily meet the service requirements of the former facilities is negotiated, and an agreement is executed between the project development party and the utility company. Utility relocations shall be designed by the utility company and shown on the PROJECT's survey and general plan sheets. The impacted utility company, with its regular construction or maintenance personnel, and/or with an approved contractor or subcontractor, will furnish all engineering, administration, labor, and materials to make and complete all necessary adjustments of its facilities to accommodate the PROJECT. The project development party shall inspect the relocation and document the proper installation of the facilities. f it is determined that the utility relocation work is best conducted within the PROJECT's construction contract, the party responsible for the PROJECT construction will negotiate, execute the agreement, and inspect the relocation work, under direct advisement of the project development party. f a conflict of interest arises between the obligated party and a utility company, the unobligated party shall intercede to provide the utility coordination. Section 37. Non-Reimbursable Utility Relocations. When KRS indicates the work is not reimbursable, the utility company shall design their relocation plan on the PROJECT's survey and general plan sheets. The project development party shall perform a review and approval of the relocation per agency policy and procedure. The project development party shall inspect the relocation and document 12

62 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 the proper installation of the facilities. f a conflict of interest arises between the obligated party and a utility company, the unobligated party shall intercede to provide the utility coordination. Section 38. General Railroad Coordination. The party obligated to execute the project development portion of the PROJECT shall be charged with any railroad coordination for the PROJECT, the execution of a contract with the impacted railroad and oversight of the execution. All work related to the PROJECT shall be done in accordance with the CABNET's Standards, Specifications, Standard Drawings, and Utilities and Rails Manual. Correspondence pertaining to railroad coordination may impact both the project development and construction of the PROJECT. Therefore any and all correspondence regarding railroad coordination activities must be provided to both contracted parties. The CABNET's representative in such matter is the Central Office Rails Coordinator. The project development party shall provide the following with the bid package for the PROJECT: a railroad coordination note defining any and all special project terms and conditions due to the involvement of the railroad company and an estimate of the PROJECT expenses for railroad coordination. Section 39. General Utility Coordination. The party obligated to execute the project development portion of the PROJECT shall be charged with the identification of utility facilities in conflict with the PROJECT, the execution of a remedy for said conflict, and oversight of the execution. The CABNET encourages dutiful consideration of utility avoidance via design considerations. When avoidance is impossible, uneconomical or otherwise invalid, utility relocation is an acceptable remedy for conflict. All work related to the PROJECT shall be done in accordance with the CABNET's Standards, Specifications, Standard Drawings, and Utilities and Rails Manual. Correspondence pertaining to utility coordination may affect both the project development and construction of the PROJECT. Therefore any and all correspondence regarding utility coordination activities must be provided to both contracted parties. The CABNET's representative on these matters is the District Office Utility Supervisor. The project development party shall provide the following upon full execution of the utility relocation for the PROJECT: 3 sets of as-built plans for each utility company that completes facility relocation on the project prior to the construction letting, a utility impact note defining the utilities identified in the PROJECT, relocations that have been performed, incomplete relocations, and completion schedules for the incomplete work. Section 40. Property Management. Real Property acquired with federal funds shall be managed in accordance with the property management requirements provided in Title 23 CFR Subpart D. Any use of property for purposes other than that for which the funds were provided must be consistent with the continuation of the original use. When the original use of the real property is converted by sale or lease to another use inconsistent with the original use, the RECPENT shall assure that the fair market value or rent is charged and the proceeds reapplied to projects eligible under Title 23 of the United States Code, concurrence shall be obtained by the CABNET through the FHWA. 13

63 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 Section 41. Permits and Licenses. The REC Pl ENT is responsible for obtaining all permits and licenses required to initiate, perform and complete all phases of the PROJECT in an appropriate and timely manner. involvement from the FHWA Per the CABNET/FHWA Stewardship Agreement, the PROJECT may require more Section 42. Resolution. The RECPENT shall pass a resolution authorizing the Mayor to sign this AGREEMENT on behalf of the RECPENT. An acceptable Resolution shall contain the project name, description, amount of funds being provided and an acknowledgement that the RECPENT agrees to ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the AGREEMENT. Furthermore, by accepting the funds the RECPENT agrees to all terms and conditions stated in the AGREEMENT. A sample resolution is provided in Attachment C for the RECPENT's reference in creating an acceptable resolution. A copy of the resolution shall be attached to the AGREEMENT and returned to the CABNET prior to full execution of this PROJECT. Section 43. Responsible Charge. The RECPENT shall designate a Person in Responsible Charge of this PROJECT according to the terms outlined in Attachment C. The RECPENT will provide the name and contact information for the Person in Responsible Charge prior to full execution of this PROJECT. The Attachment C information must be current for the RECPENT to be in compliance with the federal regulations and an eligible recipient of federal funds. Should a change occur, the RECPENT must submit a revised Attachment C within 7 days. Failure to comply can result in cancellation of the PROJECT. Section 44. Original and Supplemental Agreements. All other terms and conditions of the original AGREEMENT executed on August 19, 2008, Supplemental Agreement No. 1 executed on January 23, 2015 and Supplemental Agreement NO. 2 executed on July 18, 2018 shall remain in effect and are legally binding. 14

64 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENT AL AGREEMENT 3 N TESTMONY WHEREOF, the parties have hereto caused this AGREEMENT to be executed upon signature by proper officers and representatives: COMMONWEAL TH OF KENTUCKY TRANSPORTATON CABNET: Approved as to form and legality: Attorney Greg Thomas, Secretary Date: Date: CTY OF HENDERSON: Approved as to form and legality: Attorney Steve Austin, Mayor Date: Date:

65 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 ATTACHMENT "A" HENDERSON RVERFRONT MPROVEMENT- PHASE ll PROJECT ACTVTES Phase ll of the City of Henderson's Riverfront mprovement Project consists of the following elements to be undertaken along the City's Ohio River frontage. 1.) Design - Design, Geo-Technical, Environmental/Archaeological and nspection 2.) Bid Package 1 (Completed) River Bank Stabilization Stabilization of the riverbank from Audubon Mill Park to the end of Powell Street to prevent damage to existing and proposed riverfront improvements. Tennis Complex mprovements to the existing tennis complex along Water Street including lighting, fencing, walkway extensions to connect to the river walk and other improvements. Restrooms (Sunset Park) 3.) Bid Package 2 (Completed) River Walk Extension/Bank Stabilization Preparation and installation of an estimated 2,700 L.F. of sidewalk, with aesthetic safety barrier, along Water Street connecting existing Phase project area with the existing river walk at 1 ih Street, along with bank stabilization, installation of curb and gutter and roadway improvements. Water Street Sidewalk nstallation of an estimated 1,200 l.f. of sidewalk, curbing, with lighting along Water Street connecting existing Phase with existing Phase parks and walkways 4.) Bid Package 3 {Completed) River ntake Equipment 5.) Bid Package 4 (Pending) Land Acquisition (Completed) Purchase land for possible development along the Henderson Riverfront Master Plan (Completed) Develop Master Plan for land acquisition and future City of Henderson Riverfront Projects to be approved by the CABNET. nfrastructure mprovements (Pending) Complete infrastructure improvements to the lot per the Master Plan to include: updated environmental document; bring utilities into the site (electric and natural gas only); design first phase of the Borax Drive extension into the property; provide development signage and an entrance structure; provide a physical barrier around the historically sensitive areas; provide for an updated CABNET certified appraisal for each lot; and physical identification of the wetlands. Sale/ Lease of acquired land (Pending) The RECPENT will maintain a trackable accounting string to monitor the profits of the sale/lease from the land acquisition. All profits are to be reinvested in Title 23 eligible projects as identified in the Master Plan. 16

66 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 ATTACHMENT B ATTACH A RESOLUTON HERE 17

67 CTY OF HENDERSON HENDERSON RVERFRONT DEVELOPMENT TEM NO SUPPLEMENTAL AGREEMENT 3 ATTACHMENT C PERSON N RESPONSBLE CHARGE Upon federal-aid project delegation to the RECPENT by the CABNET, the undersigned hereby certifies the following, to the best of his or her knowledge and belief, on behalf of the RECPENT: 1. Pursuant to 23 CFR (c) (4), the RECPENT acting as a subrecipient of federal transportation funds must provide an employee of that agency, who is available full time, to be in responsible charge of the PROJECT. The individual in responsible charge of the PROJECT is held accountable for ensuring that all applicable Federal and State regulations are followed on the PROJECT. This person will have the authority and resources to manage the PROJECT and will be the primary point of contact with the CABNET. This person may be the project engineer provided that the project engineer is a fulltime employee of the RECPENT. f the project engineer is a consultant, the person in responsible charge must be a full-time employee of the RECPENT. 2. The undersigned and the designated RECPENT's person in responsible charge of this PROJECT has read and understands the contract administration and inspection responsibilities described in the CABNET's Federal-Aid Highway Program Project Development Guide for Local Public Agencies (LPA Guide). 3. The undersigned will carry out this PROJECT in accordance with the applicable Federal and State laws and associated regulations identified in the LPA Guide. 4. The undersigned will enforce compliance with the above-mentioned laws, regulations, policies, and guidelines by its consultants, contractors, and subcontractors. 5. The undersigned certifies the designated person in responsible charge will: Have the ability to visit the PROJECT or attend meetings related to the PROJECT as needed. 6. Name: Be responsible for ensuring that the PROJECT is delivered on time in accordance with established milestones and the terms of the contract between the RECPENT and the CABNET. n accordance with the requirements outlined above, RECPENT has selected the following individual as the person in responsible charge for the PROJECT: Position with RECPENT: Phone: Signature: 7. Should the RECPENT require a change to the Person in Responsible Charge, they will notify the CABNET, designate a new Person in Responsible Charge, and resubmit the Attachment C within 7 days of the change. The new Attachment C will be incorporated into this Agreement upon approval by the CABNET. Steve Austin, Mayor Date 18

68 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager (} rj Purchase of Four Patrol/Pursuit Vehicles and One Sedan The accompanying municipal order authorizes the purchase of four (4) patrol/pursuit vehicles from Sternberg, nc. of Jasper, ndiana, in the amount of $134,656.00, and one (1) sedan for the Henderson Police Department also from Sternberg, nc. in the amount of $26, The vehicles will be used in the Police Department replacing older units that will be taken out of service as they were expensive to maintain, undependable, and have outlived their useful lives. Bid packages were sent to 18 vendors, with three bids received. The low bids of $33, per patrol/pursuit vehicle and the low bid of $26, for a 2019 Dodge Charger sedan fully comply with the bid specifications and award of each 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: Heath Cox Dawn Winn

69 POLCE DEPARTMENT MEMORANDUM February 1, 2019 TO: FROM: William "Buzzy" Newman City Manager Heath Cox Chief of Police SUBJECT: Recommendation Police Vehicle Bid Reference No Bids were opened and recorded for Bid Reference No on January 28, 2019, in reference to four (4) police patrol vehicles and one (1) sedan for the Henderson Police Department. Per bid specifications and options, Sternberg, nc., Jasper, ndiana, submitted the lowest bid at $33, per vehicle, which is a Dodge Charger. Total cost for four (4) police patrol vehicles would be $134, Additionally, per bid specifications, Sternberg, nc., Jasper, ndiana, submitted the lowest bid that meets all specifications at $26, per vehicle, which is a Dodge Charger. t is recommended that Sternberg, nc. receive the contract(s) for Bid No f you have any questions or need any additional information in reference to this matter, please do not hesitate to contact me. HAC/wds Chief of Police

70 CTY OF HENDERSON, KENTUCKY BD TABULATON SHEET co BD REFERENCE NO.: 'O 0 Q) () LL (.) (J') C cu DATE BD OPENED: 01/29/19 (.) 11'.'. () i::' ~ '- C: (.) 'z cz () co ::l- '+-... () ciz 0 - (1)0 mo D APPROVAL DATE: =o ti 0~ 11'.'. N oi- Cl) -..c o(j ' ; :g i::' C (J') ACCEPT ANGE FORM SENT: C: Cl).Cl.Cl C (J') co cu Q) cu... C. E E ~ iij - ::l (.) ~ Cl)!/) (J') C... (.)... «::l ::l 0 > cu cu () C Cl).., - w..., Q_ Group A- Four (4) 2019 Model Year 4-Door Police Patrol-Pursuit Vehicles with Police Pursuit Vehicle Equipment, per specifications $33, $34, $47, $32, % and options (Price must include delivery to Henderson/with full tank of gas) Extension Price $134, $137, $189, Group B - One ( 1) 2019 Model Year 4-Door Sedan Vehicles, per specificatins and options (Price must include delivery to Henderson/with full tank of g_as) $26, $27, No Bid $21, % Other Bidders Contacted: Bids Opened & Recorded Bv: Bids Reviewed Bv: f{)on Moore Chevrolet,'Moore Ford Mercury,-Expressway Auto World, Kudubon Chrysler,J-Oempewolf Ford, Wlenderson Chevrolet;,Wildcat Ford.~uxer Auto,1,t,ebelhor & Sons,1&b Hook Chevrolet, wieedom Dodge,,8achman, / Auto Group,,Steve Jones Chrysler Jeep Dodge}"Paul Miller Ford,\tones Auto Group Dawn Winn Heath Cox Leigh Anne Herron Jermaine Poynter H

71 City of Henderson, Kentucky nvitation to Bid Bid Reference No SPECAL CONDTONS AND TECHNCAL SPECFCATONS The City of Henderson is soliciting sealed bids for the below listed new vehicles. 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 with a full tank of gas to the City of Henderson Police Department, 1990 Barrett Ct., Henderson, Kentucky. Bids will be awarded on a group basis. Vendor may bid on either Group A or Group B or both. Bids shall remain valid for a period of thirty (30) days after bid opening. No dealership decals, logos or license plate frame shall be placed on the vehicle. Technical questions may be directed to Major Jermaine Poynter at (270) Bid procedure questions may be directed to Dawn Winn, Assistant Finance Director, at Group A: Four (4) 2018 Model Year 4-Door Police Patrol/Pursuit vehicles (No Substitutions) Group A Vehicle features must include: V 6 or V8 Engine capable of a minimum of 365 HP All-Wheel-Drive system 5-Speed or 6-Speed electronically controlled automatic overdrive transmission Four-wheel heavy duty disc brakes Minimum 220 Amp Alternator Minimum 750 CCA battery Air bag system that includes side-curtain airbags for front and rear outboard passengers and rollover sensor AM/FM stereo/bluetooth connectivity/auxiliary ports Fuel Capacity of at least 18 Gal. Minimum MPG of 15 City / 21 Highway Continuous rubberized-vinyl floor covering front and rear Power door locks with auto lock

72 SPECAL CONDTONS AND TECHNCAL SPECFCATONS Page2 Power windows, one-touch-up/down driver's feature and rear window defroster Power trunk release Six way power driver's seat Drivers side spotlight White in color Certified Calibrated speedometer Keyless entry 5 keys per vehicle delivered Full-sized spare tire Group A Vehicle equipment must include: *Note: Due to compatibility with existing equipment and other reasons, the City of Henderson regrets that it cannot allow brand substitutions on this bid. Brother Pocket Jet 6 Plus 200 dpi printers (mfg PJ622) Federal Signal ntegrity 44" light bars with Red/Blue/Flood lights Manufacturer number NTG44RB Federal Signal Platinum Sirens Manufacturer number SSP2000B Federal Signal Dynamx 100 Watt Speakers Manufacturer number ESOO Federal Signal Speaker Brackets Manufacturer number ESB-T ARl 1 Federal Signal Rumbler Sirens Manufacturer number RUMBLER-3 Federal Signal Rumbler Siren Brackets Manufacturer number RB-CRG 11 Federal Signal Viper S2 Deck Lights (Red/Blue) Manufacturer number RB Federal Signal MicroPulse 6 Grill lights (Red/Blue) Manufacturer number MPS650-RB Federal Signal Park Siren Deactivator Manufacturer number UPKM-3 Federal Signal Trooper Stinger Spike System Manufacturer number Go Rhino Universal Partitions Manufacturer number 5700W A Go Rhino Charger Partition Transfer Kits Manufacturer number Go Rhino Charger Partition Lower Extension Panels Manufacturer number 5700DC1R Havis Universal Laptop Mount Manufacturer number UT-101 Havis Swing Arm with Motion Adapter Manufacturer number C-MD-102 Havis Universal tilt/swivel device Manufacturer number C-MD-202 Havis Computer Side Mount Poles Manufacturer number C-HDM-204 Havis Off-set platform, computer mount Manufacturer number C-HDM-303

73 SPECAL CONDTONS AND TECHNCAL SPECFCATONS Page 3 Jotto 14" Consoles Manufacturer number lotto Adjustable Arm Rests Manufacturer number Jotto Power Outlet Faceplates Manufacturer number Jotto Faceplate Manufacturer number Jotto Faceplate Manufacturer number Jotto Faceplate Manufacturer number Jotto Faceplate Manufacturer number J otto ABS Rear Transport Seats/With Seat Belt Extend Manufacturer number Patrol Power Wiring Harnesses Manufacturer number Ram Mount Laptop Trays Manufacturer number RAM Sho-Me LED Flashers Manufacturer number l STT.CHG SoundOff Signal ntersector Mirror Lights (Red) Manufacturer ENT2B3R SoundOff Signal ntersector Mirror Lights (Blue) Manufacturer ENT2B3B SoundOff Signal White/Red LED Dorne Lights Manufacturer number ECVDMLTALDC SoundOffMirror light wedge Manufacturer number PNT1CRV03 TufLoc Vertical Weapons Mount Manufacturer number 1608DS C2G Ultirna USB cable ft. (mfg 29653) Brother Power adapters - car (mfg LB3691) Bundle Adapter/ pouch dell 90 Watt Auto-Air DC adapter Honeywell Xenon 1900 Scanner (19GSR ) Honeywell bar code scanner holders ( ) Honeywell USB cable 10 ft (CBL SOO) Group B-One (1) 2019 Model Year 4-Door Sedan Vehicle (No Substitutions) Group B Vehicle features must include: V6 Engine with Horsepower of at least 280 Front Wheel Drive or All-Wheel Drive 6-Speed electronically controlled automatic overdrive transmission Dual, Stainless steel exhaust with catalytic converter Four-wheel ABS with electronic stability control Air bag system that includes side-curtain airbags for front and rear outboard passengers and rollover sensor AM/FM stereo with Bluetooth connectivity Fuel Capacity of at least 15 Gal. Flex-fuel capable

74 SPECAL CONDTONS AND TECHNCAL SPECFCATONS Page4 Floor mats-carpeted front and rear Power door locks with auto lock Power windows, one-touch-up/down driver's feature and rear window defroster Power trunk release Rifle mount in trunk Six way power driver's seat Keyless Entry Five (5) keys per vehicle delivered Full-sized spare tire Siren, nergy 400 Handheld Speaker, ESlOO Dynamax Flasher, Sho-Me Tailbar LED Undercover Clear LED Undercover Blue MicroPulse 6 Ultra Dual Color Blue/Red Lightbar, nforce Windshield RB Flood 15+ Ford S Misc nstallation Supplies nstallation 1 Premium Bracket, Micropulse Single MicroPulse, Multi Mount Red/Blue (6-LED's) - End of Section l-4E

75 MUNCPAL ORDER. --- MUNCPAL ORDER A WARDNG BD FOR PURCHASE OF FOUR ( 4) PATROL/PURSUT VEHCLES (GROUP A) N THE AMOUNT OF $134,656.00; AND FOR ONE (1) SEDAN (GROUP B) TO STERNBERG, NC. OF JASPER, NDANA N THE AMOUNT OF $26,566.00, FOR THE POLCE DEPARTMENT WHEREAS, the City of Henderson has issued invitations to bid for the purchase of four ( 4) patrol/pursuit vehicles (Group A) and one (1) sedan (Group B) for the police department; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on January 28, 2019, with Sternberg, nc. ofjasper, ndiana, submitting the best bid for the four (4) patrol/pursuit vehicles (Group A) and the one (1) sedan (Group B), which bid the City Manager recommends be accepted. NOW, THEREFORE, BE T ORDERED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Sternberg, nc., 1781 HWY 231 S, Jasper, ndiana for four (4) pursuit/patrol vehicles (Group A) at $33, per vehicle for a total of $134,656.00; and for one (1) sedan (Group B) in the amount of $26,566.00, in strict accordance with their 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: NTRODUCED, PUBLCLY READ AND FNALLY APPROVED ON ONE READNG, this the day of February, ATTEST: Steve Austin, Mayor Date: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALTY THS / L DAY OF FEBRU?)Y, ! By:,,) 2./

76 City Commission Memorandum February 13, 2019 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners William L. "Buzzy" Newman, Jr., City Manager w;j Purchase of Police Uniforms and Accessories The accompanying municipal order authorizes the purchase of police uniforms and accessories from Summit Uniforms of Nashville, Tennessee, in the amount of $30, Bid packages were sent to 7 vendors, with two bids received. The low bid of $30, fully complies with the bid specifications and award is recommended accordingly. The contract serves as an open requirement order to meet an unknown quantity and type of uniform apparel. Approximately 84 items of uniform and accessories are included in the contract. Sufficient funds are available in the Fiscal 2019 budget for this purchase. Your approval of the attached municipal order is requested. c: Heath Cox Dawn Winn

77 POLCE DEPARTMENT MEMORANDUM February 14, 2019 TO: FROM: Buzzy Newman City Manager Heath Cox Chief of Police SUBJECT: Recommendation for Police Uniform Bid Bids were opened and recorded for Bid Reference No on February 5, 2019, in reference to Police Uniforms for the Henderson Police Department. t is my recommendation that the lowest bidder, Summit Uniforms, Nashville, Tennessee, receive the bid award for Police Uniforms. f you have any questions or need any additional information in reference to this matter, please do not hesitate to contact me. ;, HAC/wds Chief of Police

78 CTTY OF HENDt:RSON, KENTUCKY BD TABULATON SHEET ('). -i. 0 Q) '-, '-,... E 0.. s w~ CY 0 >- LU z 0:::. ~ - 4! BD REFERENCE NO.: ll u w <( Cl) C 0::::::::, ll E (ti DATE BD OPENED: 02/05/19... cu w 0::: (/) L.. (D.g :z e c... E z w i.u (.)._ f- 0:: L.. () Cl) APPROVAL DATE: :::, 0, Cl).8 't:... = c.!!:? 9c... al -Cl) (D ' s: ::::) s;: w C: ll () (ti ACCEPTANCE FORM SENT: Cf).c - z (.) Cl) E~ U) U) w... ::i (ti ~ (.) cu <( a. () (.) Cl) z (.) C: z..j 0 a..5: tem Description Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension... ;' CJa~ AUriiform :. i.. i,', Navy Long Sleeve Polyester Shirt Blauer #8670 (No substitutions} (Qty 20) l ' ::... l.... : ' :,, '.,''>,. ' ' ' 1 $44.25 ' $ $49.00 $ $ % Navy Short Sleeve Polyester Shirt 2 $41.00 $ $43.00 Blauer #8675 (No substitutions) (Qty 20) Navy Polyester Trousers, 6-pocket. Blauer #8657 (no 3 $46.50 substitutions) (Qty 30) $ ' $44.00 ' ' -6.82% $1, $49.00 $1, $ % Navy Ladies Long Sleeve Poly Shirt 4 $38.50 $ $39.00 $ $38.00 E!beco Ladies Choice Textrop 9314LCN (Qty 5) Navy Ladies Short Sleeve Poly Shirt Elbeco Ladies 5 $35.00 Choice Textrop 9814LCN (Qty 5) ' 1.32% ' $ $38.00 ' $ $ % :.. Cill$$ S.Unflorm... l..,.. :. ; L.. i..': ;:, ll)}. 'd\.c'i.::!: Navy Long Sleeve Class "B" Shirt 5.11 Tactical Men's 6 $38.00 $ $40.00 $ ' $ % Long Sleeve PDU Shirt MFG #72345 (Qty 20) NavyShort Sleeve Class "B" Shirt 5.11 Tactical Men's 7 $38.00 $ Short Sleeve PDU Shirt MFG #71177 (Qty 20} $40.00 $ Navy Class "B" Pants 8 $38.00 $ Tactical Men's PDU Pants MFG #74326 (Qty 20) $40.00 $ % $ $ %. 1 ', ' 1 :..,. J 'l.... ' Polq.Shfrts l '. ' Short Sleeve Polo Shirts, first initial & last name 9 embordered on right chest, HPD logo on left chest, $36.00 $1, $34.00 $1, $ % Elbeco K5131 Short Sleeve Shirts (Qty 30) Long Sleeve Polo Shirts, first initial & last name 10 embordered on right chest, HPD logo on left chest, $39.00 Elbeco K5141 Long Sleeve Shirts (Qty 10) S'.. ~cy;r.i$po~tesm ".. : :,. -" " " " Tactical Combat Shirt Tru Spec MultiCam Combat Shirt 11 $57.50 MFG #2550 (Qty 5) $ $38.00 $ $ % ;, : '..:'t\: J) ic:. : ' '. : ;_) ;,.,' ;,,, ;i: l., ' :,,.:,,,;. " '. ' $ $54.50 $ $ % $ : $42.00 Tactical Response Pants Tru Spec MultiCam Tactical i 12 $46.88 ' $ $ % Response Uniform Pants MFG #1299 (Qty 5) 13 Gloves SWAT Gloves (Qty 5) $50.00 ; ' ' i4 Tru Spec Ascent Pants Tru Spec#1019 (Qty 5) $42.25,,.. ' s~q Unlfom(.' $ $36.00 ' $ ' l ',:' <,:,.,. :. ' 'l < ",:,;':' ':: JC, tf <::. ' $ %,',',,' '... :... $ $47.00 ' $ c.,, } '.f': : ' $ %

79 '.. '.. CTY OF HENDERSON, Kt:NTUCKY BD TABULATON SHEET ) cf ~ 0... (1)..:.,.._ E... Cl. w~ s CT 0 >- BD REFERENCE NO.: w z 0::: (/) "O w <C () C 0::: :) (/) E (U ('G UJ 0::: DATE BD OPENED: 02/05/19... U) LL.g z D f E z w UJ ; (.,) 'i: -... ; (1) () - 0::: LL ; Cl "O APPROVAL DATE: ::::> <Ji'.8 -= c ~ 9c f!9 a3.e s; :::> ;; D UJ : C: ti) : Cl) ('G - ACCEPTANCE FORM SENT: z (/).c E~ (/) UJ 1 ~ f :l co ~ (.) ~ <C a. i Cl) g en z oez...10 : a. - tem Description Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Bicycle Vi1;rorm.... l,;. ;,, Polyester Bike PoloBlauer Colorblock #8133 (Qty 5) $48.00 $ $49.00 $ $38.00 : : - : Nylon Bike Pants 16 $75.00 $ $59.00 $ ' $62.00 Mocean Tech MFG #2088Z (Qty 5) '. ; D~patch.f... : Polo Short Sleeve Shirts ' $36.00 $ $34.00 $ ' 17 $ % Elbeco K5131 (Qty 10) ' 18 Polo Long Sleeve Shirts Elbeco K5141 (Qty 10) $39.00 $ $38.00 $ ' $21.00 $ $43.00 l $ Jacket Port Authority #L705 (Qty 10) $39.65 ' Pitt:f!ing Enrol'f:tement,, ; ', J.. Navy Blue Shorts 20 $16.25 $65.00 $13.90 $55.60 $15.00 Red Kap, PT 35 (Qty 4) 21 Navy Blue Pants Red Kap, PT 21 {Qty 4) $17.45 ' ' $ j 26.32% 20.97% 85.71% 10.14% 8.33% $69.80 $17.90 $71.60 $ % :,, ; :",,,' '. )..... f...,. Ac~emy Uniform. Navy Long Sleeve Uniform Shirt 5.11 Tactical Long 22 $38.00 $ $40.00 ' $ $40.00 Sleeve POU Shirt #72345 (Qty 10) Navy Short Sleeve Uniform Shirt 5.11 Tactical Short 23 $38.00 Sleeve Shirt POU Shirt #71177 $ $40.00 $ NA. Navy Cargo Pants 5.11 Tactical PDU Pants # $38.00 $ $40.00 $ (Qty 10) '.. 8')o'µ and St,aes.,<.. 'i '.",r.. : t.... ;.. : :... Black Clarine Chukka Boots 25 $ $1, $81.00 Bates 53 (Qty 10) Black Clarine Low-top 26 $96.00 $ $98.00 $52.00 :. i : $ $ Bates 742 (Qty 2) l l -5.00% % $ % $ % 27 6" Duty Boot Danner Kinetic Style #28015 (Qty. 10) $ $1, $ $1, NA #VALUE! 28 8" Duty Boot Danner Kinetic Style #28010 (Qty. 10) $ $1, $ $1, $ % 29 6" Chukka Boot Rocky 5005 (Qty. 20) $ $2, $ $2, $ % 30 Low Cut Shoe Rocky 5000 (Qty 5) $ $ $ $ $ %

80 CTY OF HENDERSON, KENTUCKY. BD TABULATON SHEET BD REFERENCE NO.: DATE BD OPENED: APPROVAL DATE: ACCEPT ANGE FORM SENT: tem Description Crossing Guard Hi-Vis Traffic Gloves, Lime Green Ringers, Mfg # (Qty 3) /05/19 Hi Viz Bomber Jacket, Black/Lime Green Neese Style 9400AJ. Unit Price : $12.00 $51.00 <> Extension $36.00 $ Unit Price : $19.00 $55.00 Extension $57.00 $ Unit Price : Extension, '. t) 0... r.!."""' w~ () > z 0:: w< 0:: :::> w 0:: LL al WW 0:: LL 9o al w - z,cl') w <( a. - 0 Unit Price : $15.00 $53.00 r Extension. i % -3.77% 33 PVC Vinyl Raincoat with Reflective Striping. 48", Lime Green Neese, Mfg #1870C (Qty 3). M/st:eitaneous '.,.,. Patrol Jacket with stand alone fleece inner jacket, Scotchlite Police panel on back dropdown flap,badge 34 patch sewn on front and shoulder patches on both inner and outer jacket, in 1 Jacket (Qty 10) $18.00 i ' l. $54.00 $ i $1, $18.00 $ $ i $2, : $20.00 $ ! % -6.38% 35 Dry Rain Shell 5.11 Tactical Tac Dry Rain Shell, Mfg #48098 (Qty 10) $92.00 $ $95.00 $ $ % 36 Felt Campaign Hat, Seville Blue Stratton F40 (Qty 10) $96.00 $ $99.00 $ $ % 37 Straw Campaign Hat, Black Stratton (Double Brim) S40DM (Qty 10) $65.00 $ $70.00 $ $ % 38 Hat Cord with Acorns for Hats gold and/or silver Stratton (Qty 10) $8.75 $87.50 $8.00 $80.00 $ % 39 Three Piece Black Strap for Hats Stratton (Qty 10) $5.99 $59.90 $8.00 $80.00 $ % 40 Hat Rain Cover, Clear Vinyl Stratton (Qty 40) 41 Navy Tie, Broome 900BO (Qty 20) $5.99 $4.00 $ $80.00 $3.00 $5.00 : $ $ $6.00 $4.00 : l -0.17% 0.00% 42 Patrolman Breast Badge, Blackington B736 Rhodium (Qty 10) Sergeant Breast Badge 43 Blackington B736 T two tone Gold on Silver (Qty 5) $74.00 $97.50 $ $ $70.00 $85.00 $ $ $66.00 $ % 16.07% 44 Commanding Officer Breast Badge, Blackington 8736 Gold (Qty 2) $81.25 $ $73.00 $ $ % Patrolman Hat Badge 45 Blackington B720 Rhodium (Qty 5) $65.00 $ $58.00 $ $ %

81 r-- ~ c~ t) 0 CTY OF HENDERSON, KENTUCKY. '. Q) r.!.,.._ BD TABULATON SHEET E w~ (.) >- i BD REFERENCE NO.: Zo::: DATE BD OPENED: 02/05/19... lf)...,e z ro... ti/ "O w <( () C 0::: ::, 1/) E (U w 0::: ffi (1) E z WW (.) = - r- a::.. () <> APPROVAL DATE: ::, ()- C).2 "C... :::: c::,g 9c l:!.e.> ::> s: Ww C: ) - z <> re ACCEPTANCE FORM SENT: E -;j (f)..c (.) () (/) Cl)W... :: cu 2 0 (U <( Q. (1) (.) en z () cz..j 0 Q. tem Description Unit Price Extension Unit Price Extension Unit Price Extension Unit Price ' Extension ' Sergeant Hat Badge, Blackington B720 TG two tone 46 $84.50 $ $77.00 $ ' $74.00 Gold on Silver (Qty 2) ' ' Commanding Officer Hat Badge i ' 47 $70.25 ' $ $60.00 Blackington 8720 gold (Qty 2) 48 Name Plate Reeves A500 (Qty 10) $ Serving Since Attachment Reeves A500 (Qty 10) $10.25 H.P.D. Collar nsignia 50 $21.70 $ ; 14.19% $64.00 ' 9.77% $ $11.50 $ $ % ' $ $11.50 $ $11.00 ' $ $18.00 $ Blackington #5 (Qty 15) ' ' Miniature Rank nsignia ' $90.00 $9.50 $ /4" in gold and/or silver Smith and Warren (Qty 10) ' ' 51 $9.00 Large Rank nsignia 1" in gold and/or silver Smith and Warren (Qty 10) ' -6.82% $ % ' $8.00 ' 12.50% $9.00 ' $90.00 $9.50 ' 52 $95.00 ' $ % Metal Whistle 53 $2.50 ' $12.50 $3.00 gold or silver Premier (Qty 5) 54 Garrison Belt $17.50 Vat Dyed Black Leather Boston 6505 (Qty 15) 55 Web Belt Black 1" web (Qty 5) $ Sam Brown Belt Safariland 87-XX-9 (Qty 10) $64.50 $15.00 $ % ' ' ' $ $19.00 $ $ % ' $14.95 $11.00 $55.00 $4.00 $ $58.00 $ $ % ' Handcuff Case 57 $32.00 $ $26.00 ' $ $28.00 ' 14.29% Safariland 190-9HS (Qty 10) 58 Double Magazine Pouch $35.00 $ $29.00 $ $28.00 Safariland 77-XX-HS Clarino Hidden Snap (Qty 10) ' 25.00% 59 Maginize Holder, Safariland, , (Qty 10) $32.00 $ $35.00 $ $ % ' 60 Mini Flashlight Carrier, Safariland (Qty 5) $ $ $23.00 $ $31.00 ' ' %. Glove Pouch, Clarine 61 $13.95 Duty Man 3431 U (Qty 5) % $69.75 $14.50 $72.50 $16.00 ' % Security Holster, Safariland SLS Leve! Duty Holster : 62 $23.25 $ $91.90 $ $92.00 Model 6280 (Qty 5) Concealment Duty Holster 63 $37.00 Safariland ALS Paddle Hols!er Model 6378 (Qty 5) % ' ' $ $39.00 $ $ % :