City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, December 8, 2015 AGENDA

Transcription

1 City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, December 8, 2015 Municipal Center Third Floor Assembly Room 222 First Street 5:30 P.M. AGENDA 1. Invocation: Charles Cameron, Zion Baptist Church 2. Roll Call: 3. Recognition of Visitors: 4. Appearance of Citizens: 5. Proclamations: 6. Presentations: Employee Service Award Rogena Bugg, 20 Years 7. Public Hearings: 8. Consent Agenda: Comprehensive Annual Financial Report - Malcolm E. Neel III, Myriad CPA Group Minutes: Resolutions: November 24, 2015 Regular Meeting Resolution Relating to Appointing Larry Koerber as the Emergency Management Director Under KRS 39B Ordinances & Resolutions: Second Readings: First Readings: Ordinance Amending Garbage and Refuse Ordinance-Removing Fee Schedule from the Ordinance Ordinance Authorizing and Directing the Rebate of One Percent of the Wages, Salaries or Other Compensation Paid by Gibbs Die Casting Corporation Imposed and Levied as Occupational License Fees Due and Payable to the City of Henderson, By Ordinance, From the Salaries, Wages and Other Compensation to Be Paid to New Employees Hired Over the Baseline By Gibbs Die Casting Corporation, Provided Said Company Meets the Criteria Set Forth Please mute or turn off all cell phones for the duration of this meeting.

2 in Its Application for Incentives Under the Kentucky Business Investment Program Ordinance Authorizing and Directing the Rebate of One Percent of the Wages, Salaries or Other Compensation Paid by Hercules Manufacturing Company Imposed and Levied as Occupational License Fees Due and Payable to the City of Henderson, By Ordinance, From the Salaries, Wages and Other Compensation to Be Paid to New Employees Hired Over the Baseline By Hercules Manufacturing Company, Provided Said Company Meets the Criteria Set Forth in Its Application for Incentives Under the Kentucky Business Investment Program Resolutions: Resolution Declaring the Official Intent of the City With Respect to Reimbursement of Temporary Advances Made For Capital Expenditures to Be Made From Subsequent Borrowings Resolution Authorizing and Directing the City Attorney s Office to Proceed With Action to Collect Outstanding Debts Owed to the City, Including Judicial Action if Deemed Appropriate 10. Bids & Contracts: Resolution Approving Award of Bids for the Purchase of a 2016 One-Ton Cab and Chassis with Dump Bed From Dempewolf Ford in the Amount of $29,685.91; a 2016 Ford Cab and Chassis with Dump Bed and Two 2016 Ford ¾-Ton Pickup Trucks with Installed Service Bodies From Valley Trucking Equipment in the Amount of $90,990.28; and a 2016 Ford One-Ton Extended Cab with Service Bed From Town and Country Ford in the Amount of $43, Unfinished Business: 12. Report: Resolution Awarding Bid of Contract for Construction of a New Parking Lot at the Gathering Place to Hazex Construction Company, Inc. in the Amount of $32, Resolution Approving Agreement With the Humane Society of Henderson County, Inc. Allocating $9, on a Monthly Basis for Animal Control and Shelter Services; and Giving Mayor Authority to Terminate Agreement With a Thirty Day Written Notice Resolution Declaring the Former Railroad Depot as Surplus Property; Accepting Proposal of Architectural Renovators, LLC For Rehabilitation of the Former Railroad Depot in the Amount of $80,000.00; and Accepting Agreement Between the City and Michael S. Martin Realty XIV, LLC For Transfer of Surplus City- Owned Real Property Former Railroad Depot Please mute or turn off all cell phones for the duration of this meeting.

3 13. City Manager s Report: Annexation Request Merrill/O Sullivan, Kimsey Lane 14. Commissioner s Reports: 15. Appointments: 16. Executive Session: 17. Miscellaneous: 18. Adjournment Please mute or turn off all cell phones for the duration of this meeting.

4 City Commission Memorandum December 2, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Presentations Items scheduled under the Presentations section of the agenda are as follows: 1) Employee Service Award - Ms. Rogena Bugg, School Crossing Guard, in the Police department. Ms. Bugg will be in attendance to receive her 20-year service award from Mayor Austin. 2) Mr. Malcolm (Mac) E. Neel, III, will be in attendance to present the Independent Auditor's Report for the year ended June 30, This information has been previously reviewed by the Audit Committee.

5 City Commission Memorandum December 2, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Consent Agenda The Consent Agenda for the meeting of December 8, 2015, contains the following: Minutes: Resolutions: November 24, 2015, Regular Meeting Resolution relating to Appointing Larry Koerber as the Emergency Management Director Under KRS 39B.020

6 CITY OF HENDERSON- RECORD BOOK 695 Record of Minutes of A Regular Meeting on 'N'--'-"-ov-'-e=m=be=r'-'2"-4'-'-'-=2"'-0;.::.15 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 24, 2015, at 5:30p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Pastor Todd Linn, First Baptist Church, followed by Boy Scouts Dominick Roy and Parker McWilliams and Ally Foreman leading the assemblage in recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner X R. Royster, III Commissioner Robert M. (Robby) Mills Commissioner Jesse Johnston, IV ALSO PRESENT: Mr. Russell R. Sights, City Manager Mr. William L. (Buzzy) Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Charles Stauffer, Police Chief Mr. Owen Reeves, Gas System Director Mr. Greg Nunn, IT Director Mr. Trace Stevens, Parks and Recreation Director Mr. Frank Cates, Deputy Police Chief Mr. David Piller, Police Major Mr. Jason Hargitt, Police Lieutenant Mr. Terry Harmon, Henderson Deputy Sheriff Mr. Mike Shockley, 911 Communication Committee, Communications Supervisor Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Tom Williams, HWU General Manager Mrs. Julie Wischer, HWU Commissioner Mr. Scott Foreman, Fire Lieutenant Mrs. Sarah Foreman Ms. Ally Foreman Mr. Steve Foreman Mrs. Pam Foreman Mr. Charles "Dino" Abbott, Fire Lieutenant Mr. Chad Moore, Fire Lieutenant Mr. Chris Watson, Fire Lieutenant Mr. Billy Schwartz, Fire Driver-Engineer Mr. Travis Denton, Fire Driver-Engineer Mr. Josh Dixon, Fire Driver-Engineer Mr. Zach Polley, Fire Driver-Engineer Mr. Rob Mindrup, Fire Driver-Engineer Mr. John Pace, Fire Fighter Mr. Brandon Lingerfelt, Fire Fighter Mr. Tanner Simon, Fire Fighter Mr. Codie Comer, Fire Fighter Mr. Lee Martin, Fire Fighter Mr. Brad Mattingly, Fire Fighter Mr. Shawn Crabtree, Fire Fighter Mr. Cory Agnew, Fire Fighter in Training Mrs. Cindy Phillips, Fire Dept. Administrative Secretary Mrs. Donna Veazey, Fire Dept. Secretary Mr. Danny Froehlich

7 696 CITY OF HENDERSON- RECORD BOOK Record of Minutes of""'a,_,r=eg::>-:u~l=ar, _ Meeting on.:...n.:..::o;..:.v-=.em=b-=-er,_2=-4...:.:,'-"2::..::0:..:::1.=.5 Mr. Pat Thompson Mr. Brad Van Bussum, Utilities Servicer Mrs. Nancy Boucherie, Utility Billing Supervisor Mrs. Sharron Coffman, Account Representative Mr. Brian Crafton, Myriad CPA Ms. Stacey Keown, Henderson Leadership Initiative Ms. Lindsey Newman, Henderson Leadership Initiative Mrs. Dana Roy Mr. Dominick Roy, Boy Scout Mrs. Marina McWilliams Mr. Parker McWilliams, Boy Scout Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner PRESENTATIONS: Employee Service Award- Bradley A. VanBussum, 20 Years Employee Recognition - Police Executive Leadership Graduate Program - Lt. Jason Hargitt, Major David Pillar, and Lt. Col. Frank Cates Land and Water Grant Update- Assistant City Manager William L. "Buzzy" Newman, Jr., introduced Ms. Stacey Keown, and Ms. Lindsey Newman from the 2014 Class of the Henderson Leadership Initiative group. They presented the final design of the accessible playground equipment for Central Park and updated the Commission on their efforts for matching the grant funds committed toward the project. The project is currently awaiting federal approval and we anticipate having an agreement to present after the first of the year. Water & Sewer Commission Report on Audits of Financial Statements - Mr. Brian Crafton, Myriad CPA Group and Mr. Tom Williams, HWU General Manager. Mr. Williams indicated that Mr. Leason Neel was unable to attend this evening so Mr. Brian Crafton will present the report and help answer any questions. Mr. Crafton stated that the results of the audit were good. He also mentioned the GASB68 unfunded pension liability that needed to be listed in the report. Mayor Austin stated that the City and Henderson Water Utility have paid their portions to the retirement system all along and this was just a new accounting process not something that the City needs to pay out at this time. Mayor Austin asked for a motion to accept the report of the audit. MOTION by Commissioner Jan Hite, seconded by Commissioner Robert Mills, to accept the Water & Sewer Commission Report on Audits of Financial Statements The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the acceptance of the Water & Sewer Commission Report on Audits of Financial Statements.

8 CITY OF HENDERSON- RECORD BOOK 697 Record of Minutes of A Regular Meeting on,n'-'-"-ov"'-'e=m=b=e=r-=2'-'4'-'-, =2..::c.0::..::.15 RESOLUTION NO : RESOLUTION APPROVING APPOINTMENT OF SCOTT FOREMAN AS FIRE CHIEF FOR THE CITY OF HENDERSON CITY MANAGER RUSSELL SIGHTS, read the following statement into the record: "Mr. Mayor and Commissioners: The accompanying resolution approves the appointment of Scott Foreman to the position of Fire Chief. Mr. Foreman has25 years of fire service experience and has service the City of Henderson fire department for almost the last sixteen years. Well over fifteen years. The Board of Commissioners is required pursuant to Chapter of the Code of Ordinances, to approve the recommendation by the City Manager of all department heads. The Fire Chief Selection Committee has recommended the appointment of Mr. Foreman to me. am very pleased to recommend his appointment to the Board of Commissioners. Your approval of the recommendation is requested. I will now ask the City Clerk to read the resolution." MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution appointing Scott Foreman as the Fire Chief for the City of Henderson. The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills 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. Is/ Steve Austin Steve Austin, Mayor November 24, 2015 ATTEST: Maree Collins, City Clerk CHIEF FOREMAN thanked the Board of Commissioners and the City leaders for their confidence in him and for allowing him to express the following: "So many people have made this opportunity possible. My sixteen years with the Henderson Fire department has been an incredible journey thus far. As I look back over my career at my career at the Henderson fire Department there are so many individuals, most of which are standing here tonight, and experiences that have shaped me into the person I am today, The knowledge and skills I have acquired over the years can only be surpassed by the admiration I have gained for the men and women I have had the privilege to work with.. This organization ahs truly become a second family of mine and I couldn't think of a greater honor than to be here tonight to accept this position as leadership as os the Chief of the Henderson Fire department. My sincere gratitude goes out to each and every one of you for your support and encouragement along the way. I will strive to do my best in the years to come to fulfill my responsibilities and exceed the expectations that are set before me. I now proudly accept the role of Chief and I'm eagerly awaiting any new remarkable experiences this journey has awaiting me." MAYOR AUSTIN thanked him for his past service and for all the fire department personnel in attendance. CITY MANAGER RUSSELL SIGHTS asked Chief Foreman to introduce his family at which time Chief Foreman introduced his wife, Sarah, his daughter Ally, hi.s mother Pam and his father Steve.

9 698 CITY OF HENDERSON- RECORD BOOK Record of Minutes of"'"'a"-'r=eg""'u=l=ar, _ Meeting on,_n.:...::o'"""'v..;:;e""m=b=e"-r =24-"''-'2=0=-=1=5 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: November 5, 2015, Called Meeting November 10, 2015, Regular Meeting November 13, 2015, Called Meeting RESOLUTIONNO : RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO COMMERCIAL MOBILE RADIO SERVICE BOARD (CMRS) FOR FUNDS IN THE AMOUNT OF $138, TO BE USED TO PURCHASE SOFTWARE, INTERFACES AND HARDWARE TO UPGRADE THE COMPUTER AIDED DISPATCH (CAD) COMMUNICATIONS SYSTEM, AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS AND TO ACT AS AUTHORIZED ADMINISTRATOR FOR THE PROJECT Motion by Commissioner Mills, seconded by Commissioner Johnston, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the minutes approved and the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Maree Collins, City Clerk Is/ Steve Austin Steve Austin, Mayor November 24, 2015 ORDINANCE NO : SECOND READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING WLY I, 2015 AND ENDING JUNE 30, 2016 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Royster, seconded by Commissioner Mills, that the Ordinance be adopted. MAYOR Austin explained to the Boy Scouts that it costs a lot of money to run all the city services for the city and that one day they might take an interest in it and be the ones making the decisions on how best to spend the City's money to serve its citizens. The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster---- Aye: Commissioner Mills Aye: Mayor Austin Aye:

10 CITY OF HENDERSON- RECORD BOOK 699 Record of Minutes of A Regular Meeting on..::.n"'""'o::...:v-=e~m:.:::b..;:;er"-'2=-4-'-'-,-=2'-"'0.::.::.15 WHEREUPON, Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Maree Collins, City Clerk /s/ Steve Austin Steve Austin, Mayor November 24, 2015 ORDINANCE NO : SECOND READING ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 128 -PROBATIONARY PERIOD BY DELETING POLICE IN PARAGRAPH B, AND ADDING A NEW PARAGRAPH REGARDING POLICE AND THE REQUIREMENTS OF INITIAL AND PROMOTIONAL APPOINTEES IN THE POLICE DEPARTMENT OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON MOTION by Commissioner Johnston, seconded by Commissioner Royster, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Maree Collins, City Clerk Is/ Steve Austin Steve Austin, Mayor November 24, 2015 ORDINANCE NO : SECOND READING ORDINANCE AMENDING A PORTION OF CITY BUDGET ORDINANCE AMENDING CITY OF HENDERSON PERSONNEL SCHEDULE IN FINANCE ADMINISTRATION DIVISION OF THE CITY BUDGET BY ADDING A FULL TIME ACCOUNT TECHNICIAN SENIOR MOTION by Commissioner Hite, seconded by Commissioner Mills, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills Aye: Mayor Austin Aye: WHEREUPON, Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded.

11 700 CITY OF HENDERSON- RECORD BOOK Record of Minutes of=-'a=-=r=eg"-'u=l=ar, _ Meeting on N"-'-"'-ov-'-'e=m::.::b:<.::e~r-=2..:.:4,,_,2::..::0~1..::;.5 ATTEST: Maree Collins, City Clerk Is! Steve Austin Steve Austin, Mayor November 24, 2015 ORDINANCE NO : FIRST READING ORDINANCE AMENDING GARBAGE AND REFUSE ORDINANCE AN ORDINANCE AMENDING SEC , BULK REFUSE CHARGES, OF ARTICLE V, RATES AND CHARGES, IN CHAPTER 14, GARBAGE AND REFUSE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Royster, seconded by Commissioner Hite, that the Ordinance be adopted. FINANCE DIRECTOR ROBERT GUNTER, explained that there was another item on the agenda relating to the bulk rate and that in the process of preparing that resolution it was discovered that this had been overlooked during the time the City tool over the operations at the Transfer Station. The 'gate rate' was set by the Operator under their contract and needs to be removed from this ordinance and will be addressed in the next item on the agenda. The vote was called. On roll call, the vote stood: Commissioner Johnston-- Aye: Commissioner Hite Aye: Commissioner Royster --- Aye: Commissioner Mills 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. RESOLUTIONNO : RESOLUTION ESTABLISHING RATE STRUCTURE FOR THE CITY TRANSFER STATION MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the Resolution Establishing a new Rate Structure for the Handling and Disposal of Bulk Refuse and Solid Waste at the City Transfer Station. FINANCE DIRECTOR ROBERT GUNTER, explained that the rates would be consistent with the current charge of $37 per ton plus the ERF fee. Further he stated that we have been contacted by a customer requesting a discount for any tonnage over 750 tons per month. The discount would be $2 discount per ton on any tonnage over 750 tons in a month. City Manager Sights added that the Daviess County Officials have been made aware of this and are okay with it. Commissioner Johnston asked why the rate was increased from $32 to $37. Mr. Gunter responded that the transfer station operator actually set the gate rate by the market rate based on the cost index in their contract and it had been changed before but was not updated in our records. Mr. Sights added that with approval of this new rate structure, any future changes would require approval of the Board of Commissioners.

12 CITY OF HENDERSON- RECORD BOOK 701 Record of Minutes of A Regular Meeting on,n~ov.!.ce~m~b.:::::e~r'"'2"--4,_,_,.;:2~0!..:<.15 The vote was called. On roll call, the vote stood: Commissioner Johnston---- Aye: Commissioner Hite Aye: Commissioner Royster Aye: Commissioner Mills 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. Is/ Steve Austin Steve Austin, Mayor November 24, 2015 ATTEST: Maree Collins, City Clerk RESOLUTION : RESOLUTION ACCEPTING INTERLOCAL AGREEMENT BETWEEN THE CITY OF HENDERSON AND HENDERSON COUNTY FISCAL COURT REGARDING THE IMPOSITION, ADMINISTRATION, COLLECTION AND ENFORCEMENT OF A COUNTY-WIDE OCCUPATIONAL LICENSE TAX MOTION by Commissioner Johnston, seconded by Commissioner Royster, to adopt the Resolution accepting an Interlocal Agreement between the City of Henderson and Henderson County Fiscal Court regarding the imposition, administration, collection and enforcement of a County-wide occupational license tax. COMMISSIONER MILLS asked if it was true that other municipalities around the state were collecting this tax for their county. Mr. Gunter responded that we found three examples that this was the case. City Attorney Dawn Kelsey interjected that the closest was Davis County, Owensboro collects the county occupational license tax, and Richmond collects for Madison County. Commissioner Johnston asked what savings this might give to the taxpayers, having the City administer this instead of the County. Mr. Gunter responded that the estimate is that this would save the County approximately $85,000 to $105,000 because we already have the office, software and other necessary items to administer the program. Also, this would be more convenient for the customer, one office in one place for both transactions. Mr. Sights added that it was a great point, we don't see a downside to this. We are going to be compensated, through provisions in the Agreement, for the extra costs to the City's budget. The City taxpayers will not be subsidizing this in any way. The biggest savings will be for the tax preparers and CPA's to be able to come to one place and do it all with consistent answers. Commissioner Johnston agreed that this was a good idea from a business standpoint, to save taxpayer money and time all around. The vote was called. On roll call, the vote stood: Commissioner Johnston ---- Aye: Commissioner Hite Aye: Commissioner Royster Aye: Commissioner Mills 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. Is/ Steve Austin Steve Austin, Mayor November 24,2015 ATTEST: Maree Collins, City Clerk

13 702 CITY OF HENDERSON- RECORD BOOK Record of Minutes of:..:a"-'r=e=:.~g...,u~la=r, _ Meeting on,_n"""o,_,v..:::em~b:.:::e!..r ~24..!.; w2"'"'0'-"1=5 RESOLUTION NO : RESOLUTION AWARDING BID FOR PURCHASE OF FOUR (4) POLICE PATROL/PURSUIT VEHICLES WITH INSTALLED VEHICLE EQUIPMENT TO JOHN JONES AUTO GROUP, CORYDON, INDIANA, IN 'rhe TOTAL AMOUNT OF $131, MOTION by Commissioner Mills, seconded by Commissioner Hite, to adopt the Resolution awarding a bid for the purchase of four (4) police patrol/pursuit vehicles with installed equipment to John Jones Auto Group of Corydon, Indiana, in the total amount of $131, POLICE CHIEF CHARLES STAUFFER explained that we changed the process for purchasing these vehicles by requesting bids from fully equipped vehicles instead of equipping the vehicles after purchase. This speeds up the process of getting the vehicles on the road. He noted that last year they had to wait several months for three different vendors to install the various equipment on the vehicles. The cost of these fully equipped vehicles actually came in under the amount of vehicles purchased in last year's budget that were equipped after purchase. Chief Stauffer also noted that the Police Department was in the process of getting two SUV's with all wheel drive. The SUVs will be used for a canine unit and to test for ease of access of officer equipment. The vote was called. On roll call, the vote stood: Commissioner Johnston---- Aye: Commissioner Hite Aye: Commissioner Royster----- Aye: Commissioner Mills 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. Is! Steve Austin Steve Austin, Mayor November 24, 2015 ATTEST: Maree Collins, City Clerk RESOLUTIONNO : RESOLUTION ACCEPTING SYSTEM PURCHASE AGREEMENT WITH ALERT TRACKING SYSTEMS, INC. (D/B/A ALERT PUBLIC SAFETY SOLUTIONS), AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT MOTION by Commissioner Mills, seconded by Commissioner Johnston, to adopt the resolution accepting the System Purchase Agreement with Alert Tracking Systems, Inc. (d/b/a Alert Public Safety Solutions), and authorizing the Mayor to execute the Agreement. Mr. Mike Shockley expressed his appreciation for the diligent work of Dawn Kelsey, Steve Gold, and Buzzy Newman in helping get this completed. He explained that the CMRS Grant, which was approved earlier on the agenda, requires a signed contract in hand by December 1st, and that is the reason for the push behind this agreement. Mayor Austin asked Mike to talk about some of the features of the CAD system and how it would serve the community. Mr. Shockley indicated that the new CAD system will include Automated Vehicle Locators (AVL) that would locate addresses and a Record Management System (RMS) that will help the Sheriff and Police Departments. Also the fire department as well as EMS will have the opportunity to link in to track their portions in the records management system. Currently work is ongoing to with Chris Raymer, Henderson GIS Coordinator, to update maps on all systems.

14 CITY OF HENDERSON- RECORD BOOK 703 Record of Minutes of A Regular Meeting on ;.;N:.::::o..!..ve::::!m~b~e~r-"'2'-'-4,_,, 2~0::..!1.::..5 Police Major David Piller indicated that this would be a one stop shop. Currently accessing separate systems can yield conflicting information with all the different sources and with this one system if there was an issue it could be fixed in one place. It will bring us into the next generation 911 era, of which the current system is incapable. Text to 911 is an example of the next generation technology that would be accessible with the new system and the system will have the ability to adapt to new technology as it comes on board. Mr. Shockley stated that we are not the only city looking into upgrading and that this system would be compatible with others in the areas outside the city and vice versa With this system we will be able to share information with other counties to be able to catch more criminals to get them off the streets even if they go to another county. Mrs. Dawn Kelsey wanted to point out that the resolution is conditioned on Alert providing a performance bond by the November 30,2015 deadline. The vote was called. On roll call, the vote stood: Commissioner Johnston---- Aye: Commissioner Hite Aye: Commissioner Royster Aye: Commissioner Mills 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. Is/ Steve Austin Steve Austin, Mayor November 24,2015 ATTEST: Maree Collins, City Clerk CITY MANAGER'S REPORT: MR. SIGHTS wanted to reiterate that the Board of Commissioners made history tonight with the appointment of a new fire chief and improvements we are making with the CAD and 911 systems, which are all things we are grateful for with the Board giving us the resources to do them. In light of the Thanksgiving season Mr. Sights wanted to wish everyone a nice Thanksgiving and a blessed one. COMMISSIONER'S REPORTS: COMMISSIONER JOHNSTON wished everyone a great and safe Thanksgiving holiday spent with friends and family. Wanted to also thank all city employees for a wonderful job this year and hopes that we can continue to finish out the rest of the year well. COMMISSIONER HITE is thankful to everyone on the Board to include Dawn, Maree, and Russell for the services you provide to our community and as well as all of the city employees. Without you all we wouldn't be able to do any of this to serve our community. She continued that she is thankful for and to the Community and hopes everyone has a very safe and wonderful Thanksgiving holiday. COMMISSIONER ROYSTER indicated he had questions on the status of the public works facility, the Second Street light project, and the Depot. Mayor Austin asked Mr. Newman to briefly report on those projects and give a written summary later. Mr. Newman indicated that the Second Street light foundations have been completed and that all the underground wiring should be pulled in by next week. Hopefully the following week we will start setting poles and fixtures and then have them lit by the end of the year. The Public Works Facility is too detailed to go into at this time, but I will get a summary report to you next week, if acceptable.

15 704 CITY OF HENDERSON- RECORD BOOK Record of Minutes of"-'a"-'r~e~g""u~l~ar, _ Meeting on ---=-N"'-'o'""'v...::;e=m=b=e"-r =24..:.;,,_,2=0"-"1=5 Mrs. Kelsey interjected that Mr. Newman had given her the engineering contract for the public works facility today and we will try to get that on the next agenda if it can be negotiated in time. Mr. Newman added that the Depot should be on the next agenda as well. COMMISSIONER MILLS wanted to praise the Technical Committee working on the 911 center upgrade. They have worked a lot of hours, as this is one of the best examples of interlocal communication and sharing of data, time, and efforts and has been very positive for the community. Commissioner Mills also wanted to mention the announcement that Henderson has the lowest residential power costs in the state. Mayor Austin stated that a state-wide report indicated that on Household/Residential rates Henderson was the lowest utility rate in the state for the year We have a rate increase included in 2015, but I think we will still be in bottom three for 2015 because Kenergy, Kentucky Utilities and all the others have also announced rate increases. Especially those coal fire power plants because of EPA mandates. On the Industrial rates we were second in the state to Kenergy in However, in 2014 Kenergy was providing power to the smelters at an extremely low rate because of volume and that went into those calculations to make them lower. In 2015, I imagine Henderson will be in bottom three. We also do very well with the water utility rates compared to other cities. Evansville, which is on average double Henderson's utilities for a similar size home. We are very fortunate on our utilities and it is a good benefit to the community. Mr. Sights added that Brian Toy, Greg Nunn and Maree Collins all worked to get the report on the website and social media. MAYOR AUSTIN reported on upcoming event dates to remember. Friday December 4th at 6 p.m. is the Community Tree Lighting in Central Park behind the City Building to which everyone is invited. The Job Corps, Lions Club, and other organizations will be recognized for the work that they do each year as well as the city parks and maintenance departments; and than on December 5 at 10 a.m. the Christmas Parade will be happening downtown. Everyone is invited to attend these community events. MEETING ADJOURN: MOTION by Commissioner X R. Royster III, seconded by Commissioner Robert M. Mills, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Johnston--- Aye: Commissioner Hite Aye: Commissioner Royster ---- Aye: Commissioner Mills Aye: Mayor Austin Aye: WITHOUT OBJECTION, the Meeting adjourned at approximately 6:25p.m. ATTEST: Steve Austin, Mayor December 8, 2015 Maree Collins, City Clerk

16 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Appointment of Emergency Management Services Director The accompanying resolution confirms and approves the Henderson County Fiscal Court appointment of Larry Koerber as the local emergency management agency director for a term not to exceed four years pursuant to KRS 39B.020. An Interlocal Agreement between the City, Henderson County, the City of Corydon and the City of Robards established a countywide disaster and emergency preparedness, response and recover program. Under Section 7 of the Interlocal Agreement, the Henderson County Judge/Executive shall appoint the Director of the Emergency Management Agency, with the concurrence of the Henderson City Commission, Corydon City Council, and the Robards City Commission. The Henderson County Fiscal Court appointed Mr. Koerber to serve a new term as the Emergency Management Agency Director commencing January 6, 2015 per KRS 39B.020(3) and this resolution confirms and approves the appointment on behalf of the City. This is a housekeeping item to keep us in compliance with state FEMA regulations. Your approval of the attached resolution is requested. c: Larry Koerber Police Chief Fire Chief

17 RESOLUTION NO. A RESOLUTION RELATING TO APPOINTING LARRY KOERBER THE EMERGENCY MANAGEMENT DIRECTOR UNDER KRS 39B.020. WHEREAS, the Mayor is authorized to appoint a local emergency management director for a term not exceeding four (4) years, pursuant to KRS 39B.020; and WHEREAS, the City of Henderson deems it in the best interest of the City of Henderson to continue its Interlocal Agreement between the City of Henderson, Henderson County, City of Corydon, and City of Robards, establishing a countywide disaster and emergency preparedness, response and recover program; WHEREAS, under Section 7 of the above referenced Interlocal Agreement, the Director of the Emergency Management Agency shall be appointed by the Henderson County Judge/Executive with the concurrence of the Henderson City Commission, Corydon City Council, and the Robards City Commission. WHEREAS, the Henderson County Fiscal Court appointed Larry Koerber in 2015 to serve as the Emergency Management Director for a four-year term commencing on January 6, 2015 per KRS 39B.020 (3). NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, that the Board of Commissioners approves the appointment of Larry Koerber as the Emergency Management Director pursuant to KRS 39B.020. On motion of Commissioner Commissioner was called. On roll call the vote stood:, seconded by that the foregoing Resolution be adopted, the vote Commissioner Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Steve Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor Date:

18 ATTEST: Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _blday OF DECEMBER, By:~ DawnS. Kelsey City Attorney

19 City Commission Memorandum December 1, TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Garbage and Refuse Ordinance Amendments An item for the agenda of Tuesday, December 8, 2015, is final reading of an ordinance amending Chapter 14, Garbage and Refuse, Section , Bulk Refuse Charges, of Article V, Rates and Charges, of the City's Code of Ordinances. This item is in conjunction with the proposed resolution establishing the rate schedule for the City Transfer Station under separate cover. As you may be aware, the Dozit contract to operate the transfer station included a set annual increase. The 'gate rate' was set by Do zit under that contract. However, in December 2013 when Ordinance was adopted there was an oversight and the fees were not removed or changed to reflect the current rate. The 'gate rate' of $37.00 plus ERF has been in effect since July The proposed amendment would remove the rate schedule for use of the city transfer station from the City's Code of Ordinances allowing that the fee schedule be established and adopted by resolution instead. This process of establishing fees by resolution is consistent with city practice. Your approval of the attached ordinance is requested. c: Robert Gunter Brian Williams

20 ORDINANCE NO ORDINANCE AMENDING GARBAGE AND REFUSE ORDINANCE SUMMARY: AN ORDINANCE AMENDING SEC , BULK REFUSE CHARGES, OF ARTICLE V, RATES AND CHARGES, IN CHAPTER 14, GARBAGE AND REFUSE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON BE IT ORDAINED by the City of Henderson, Kentucky, that Sec , Bulk Refuse Charges, of Article V, Rates and Charges, in Chapter 14, Garbage and Refuse, of the Code of Ordinances ofthe City ofhenderson, is hereby amended as follows: Sec Fee Schedule bulk refuse charges and penalty for late payment [(a) The follovring rates shall be charged for the handling and disposal ofbulk refuse and solid \vaste at the city transfer station: Rate per ton... $32.50 Minimum Charge... $10.00] (a) A schedule of charges for the handling and disposal of bulk refuse and solid waste at the city transfer station shall be determined from time to time by the Board of Commissioners and kept on file in the clerk's office. (b) In the event payment of any bulk refuse bill is not received by a collector or the various city collection offices prior to the close of business on the date that the bill shall become due and payable, a penalty of five (5) percent of the charges shall attach thereto and be payable in addition to the amount of such charges and the bill shall be deemed delinquent. Customers may appeal the penalty assessed to their account if they meet all of the following requirements: (1) They must have paid their prior twelve (12) bulk refuse bill on time. (2) They must not owe any delinquent property taxes, liens, or other debt to the city or its agencies. (3) The individual requesting the release must also be the same person that signs the checks that are used to pay the bulk refuse bill. The appeal should be made to the city manager or his designated representative, which decision shall be final. 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 January 1, PUBLICATION DATE: -1-0RDINANCE NO FIRST READ: 11/24/2015 SECOND READ:

21 ORDINANCE NO CONT. On first reading of the foregoing ordinance, it was moved by Commissioner X R. Royster, III, seconded by Commissioner Jan Hite, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Johnston: AYE Commissioner Mills: _-=.::.c.:_:_ AYE Commissioner Hite: AYE Mayor Austin: AYE Commissioner Royster: 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 Johnston: Commissioner Mills: Commissioner Hite: Mayor Austin: Commissioner Royster: 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, City Clerk APPROVED AS TO FORM AND LEGALITY THIS r;,)(j DAY OF NOVEMBER, By: Dawn S. Kelsey/ City Attorney f -2-0RDINANCE NO

22 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners ()1 Russell R. Sights, City Manager p..j. Ordinance Authorizing Rebate of Occupational License Fees - Gibbs Die Casting Corporation An item for the agenda of Tuesday, December 8, 2015 is first reading of an ordinance authorizing the rebate of the one percent (1 %) occupational license fees due and payable to the City from the salaries, wages and other compensation to be paid to new employees hired over the baseline by Gibbs Die Casting Corporation, provided the company meets the criteria set forth in its application for incentives under the Kentucky Business Investment Program. Gibbs Die Casting Corporation has submitted application for incentives under the Kentucky Economic Development Finance Authority Kentucky Business Investment program. As a condition for final approval, the City must officially authorize the rebate of the one percent (1%) occupational license fees for up to one hundred sixty ( 160) new employees over the baseline of five hundred and sixty-five (565) employees for ten years effective with the final approval and activation under the Kentucky Economic Development Finance Authority. This does not apply to other income or net profits of Gibbs Die Casting Corporation. Your approval of the attached ordinance is requested. c: Dawn Kelsey Robert Gunter Paul Titzer

23 KENTUCKY ECONOMIC DEVElOPMENT finance AUTHORITY KBI REPORT- PREliMINARY APPROVAL Date: Approved Company: City: Activity: Bus. Dev. Contact: Project Description: March 28, 2013 Gibbs Die Casting Corporation Henderson Manufacturing P. Lockhart County: Henderson Prelim Resolution#: KBI OCFAS Staff: S. Fisher Gibbs Die Casting Corporation, established in 1965 is owned by Koch Enterprises, Inc and is a tier-one and tier-two supplier to the original equipment manufacturers of the auto industry in addition to producers of small engines and appliances. The proposed project will include the manufacturing of 8-speed transmission parts and ZF L-Family rear axles for the automotive industry. The company is headquartered in Henderson and has additional operations in Hungary, Brazil and China. Anticipated Project Investment -Owned Eligible Costs Land $0 Building/Improvements $600,000 Equipment - Other County $ Other Start-up Costs $2470,800 TOTAL $5,730,800 Total Investment $0 $600,000 $19,761,900 $2,470,800 $22,832,700 NEGOTIATED TARGETS AND INCENTIVE AMOUNTS: Average Hourly Wage Target (Including Other County Minimum Wage Requirements: TOTAL NEGOTIATED TAX INCENTIVE AMOUNT: $3,000,000

24 Ownership (20% or more): Koch Enterprises, Inc. Evansville, Indiana Other State Participation: Date Feb 08,1994 Program KREDA Status Monitor Amount $3,000,000 Requested Wage Assessment /local Participation: State: 3% Local: 1% City of Henderson Unemployment Rate County: 7.9% Kentucky: 7.9% Special Conditions: The company will be required to maintain a base employment equal to the number of full-time, Kentucky resident employees as of the date of preliminary approval. The company reported 565 fulltime, Kentucky resident employees as of the application date.

25 Steve Austin. Mayor Commissioners: Thomas E. Davis JanM.Hlte Robert M. Mill$ Robert N. Pruitt ~.~' m;ue Qt:itp of :D)enberson P.O.Box718 Henderson, Kentucky Russell R. Sights, Oty Manager William L. Newman, Jr., Assistant Oty Manager DawnS. Kelsey, Cty Attorney Carolyn Wil.liam&, City Oerk March 13, 2013 Secretary Larry Hayes Kentucky Cabinet for Economic Development 300 West Broadway Frankfort, Kentucky Re: Gibbs Die Casting Corporation Dear Secretary Hayes: There are businesses that make a difference in the community, and Gibbs Die Casting Corporation is certainly one that has contributed heavily to our success. With this letter I want to express my full support for the capital investment under consideration by Gibbs Die Casting Corporation. In addition, I wish to state that the community is willing to support the Kentucky incentive programs that wiu provide incentives to the Gibbs Die Casting Corporation for its expansion efforts. If the company is considering the Kentucky Business Investment Program, the community is agreeable to the forfeiture of 1% of the occupational fee on gross employee wages for all new jobs created by this company in our community upon activation and for the length of the program. Feel free to call ifl can be of assistance. Sincerely, c~~~~- Steve Austin Mayor ~ THINK HENDERSON lll!lfring SiliMCI!S!IIHINII

26 ORDINANCE ORDINANCE AUTHORIZING AND DIRECTING THE REBATE OF ONE PERCENT (1.0%) OF THE WAGES, SALARIES OR OTHER COMPENSATION PAID BY GIBBS DIE CASTING CORPORATION IMPOSED AND LEVIED AS OCCUPATIONAL LICENSE FEES DUE AND PAYABLE TO THE CITY OF HENDERSON, KENTUCKY, BY ORDINANCE, FROM THE SALARIES, WAGES AND OTHER COMPENSATION TO BE PAID TO NEW EMPLOYEES HIRED OVER THE BASELINE BY GIBBS DIE CASTING CORPORATION, PROVIDED SAID COMPANY MEETS THE CRITERIA SET FORTH IN ITS APPLICATION FOR INCENTIVES UNDER THE KENTUCKY BUSINESS INVESTMENT PROGRAM. WHEREAS, under Article III, Section of the Henderson Municipal Code, the City of Henderson, Kentucky, is authorized to levy and impose an annual license fee upon all persons, associations, corporations, or other entities engaged in any occupation, trade, profession or other activity in the City for the privilege of engaging in such occupation, trade, profession or activity; and WHEREAS, Gibbs Die Casting Corporation has made application for certain benefits and incentives available to it under the Kentucky Business Investment Program (KBI) of the Kentucky Economic Development Finance Authority (KEDF A) as a result of its commitment to expand and create jobs and investments in Henderson, Kentucky, as set forth in KRS , et seq.; and WHEREAS, Gibbs Die Casting Corporation has operated a facility in Henderson for more than 50 years; and WHEREAS, Gibbs Die Casting Corporation is an outstanding company in our community and is a strong contributor to our local economy, and will continue to grow and contribute with this anticipated expansion project investment of $22,832, ; and WHEREAS, Gibbs Die Casting Corporation will improve and create a minimum of one-hundred sixty (160) new jobs within a six-year period, and will also play an important role in preserving the existing five hundred and sixty five (565) jobs, thus continuing the company's long-term presence in the City of Henderson; and WHEREAS, as an incentive and an inducement for Gibbs Die Casting Corporation, to improve and grow its facility in Henderson, the City hereby agrees to rebate to the Company one percent (1.0%) of the total wages, salaries or other compensation paid by the Company imposed and levied as occupational license fees otherwise derived by the City from salaries, wages and other compensation paid to the qualifying one-hundred sixty (160) new company employees hired above the baseline of five hundred sixty-five (565) existing positions; and Page 1 of 3

27 WHEREAS, the growth and development of Gibbs Die Casting Corporation through the hiring of new employees, increases the net profits and occupational license fee revenues and enhances overall economic prosperity in the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HENDERSON, KENTUCKY, AS FOLLOWS: Section 1. That the City of Henderson, Kentucky, hereby approves the application of Gibbs Die Casting Corporation, for economic benefits and incentives available to it under the Kentucky Business Investment Program of the Kentucky Economic Development Finance Authority (KEDFA), including the application by said Company for one percent (1.0%) of the wages, salaries or other compensation paid by the Company to qualified employees. Section 2. That the City of Henderson does hereby agree to rebate to Gibbs Die Casting Corporation, one percent ( 1. 0%) of the wages, salaries or other compensation paid by the Company imposed and levied as occupational license fees paid by said Company to qualified employees, for a period of ten (1 0) years or until the maximum amount allowed under the Kentucky Business Investment Program has been retained, whichever first occurs. The ten (10) year term shall commence when said Company's application has been given final approval and activated under the Kentucky Economic Development Finance Authority. Section 3. It is further ordained that the rebate of occupational license fees authorized and directed herein shall not apply to other income or net profits of Gibbs Die Casting Corporation, and only applies to occupational license fees on wages, salaries or other compensation paid by said Company to its new employees hired over the baseline of fivehundred sixty-five (565) existing positions in conjunction with the establishment and expansion ofthe business operations of Gibbs Die Casting Corporation in the City of Henderson, Kentucky. 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 Johnston: Commissioner Mills: Commissioner Hite: Mayor Austin: Commissioner Royster: 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 Page 2 of 3

28 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 Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: 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, City Clerk APPROVED AS TO FORM AND LEGALITY THIS ~AY OF DECEM R, awns. Kelsey City Attorney Page 3 of 3

29 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Ordinance Authorizing Rebate of Occupational License Fees - Hercules Manufacturing Company Enclosed for the Tuesday, December 8, 2015 agenda is first reading of an ordinance authorizing the rebate of the one percent (1 %) occupational license fees due and payable to the City from the salaries, wages and other compensation to be paid to new employees hired over the baseline by Hercules Manufacturing Company, provided the company meets the criteria set forth in its application for incentives under the Kentucky Business Investment Program. Hercules Manufacturing Company has submitted application for incentives under the Kentucky Economic Development Finance Authority Kentucky Business Investment program. As a condition for final approval, the City must officially authorize the rebate of the one percent (1%) occupational license fees for up to fourteen ( 14) new employees over the baseline of seventy-three (73) employees for ten years effective with the final approval and activation under the Kentucky Economic Development Finance Authority. This doesnot apply to other income or net profits of Hercules Manufacturing Company. Your approval of the attached ordinance is requested. c: Dawn Kelsey Robert Gunter Paul Titzer

30 KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY KBI REPORT - PRELIMINARY APPROVAL Date: Approved Company: Approved Affiliates: City: Activity: Bus. Dev. Contact: Project Description: May 28,2015 Hercules Manufacturing Co. Colonial Manufacturing Co. The Henderson Trailer Co. Henderson Manufacturing F. Tate Co~nty: Henderson Prelim Resolution#: KBI OFS Staff: S. Fisher Hercules Manufacturing Co. manufactures insulated and dry freight van bodies. The company is considering upgrading its technology equipment to help streamline orders, purchase agreements, and track special order products. Facility Details: Expanding existing operations Anticipated Project Investment - Owned Land Building/1 mprovements Equipment Other Start-up Costs TOTAL Eligible Costs $0 $0 $250,000 $0 $250,000 Total Investment $0 $0 $250,000 $0 $250,000 Year NEGOTIATED TARGETS AND INCENTIVE AMOUNTS: Average Hourly Wage Target (Including Annual Approved Cost Job Target Employee Benefits) Limitation TOTAL NEGOTIATED TAX INCENTIVE AMOUNT: $180,000

31 County Type: Other Ownership (20% or more): Jeffrey A. Caddick Statutory Minimum Wage Requirements: Base hourly wage: $10.88 Total hourly compensation: $12.51 Evansville, IN Active State Participation at the project site: None Requested Wage Assessment I Local Participation: State: 3.0% Local: 1.0%- City of Henderson Unemployment Rate County: 5.0% Kentucky: 5.4% Existing Presence in Kentucky: Henderson Co. Special Conditions: The company will be required to maintain a base employment equal to the number of full-time, Kentucky resident employees as of the date of preliminary approval. The company reported 73 fulltime, Kentucky resident employees as of the application date. Only investment costs incurred by the approved company will be considered towards calculating eligible costs. Only the approved company may participate in the corporate income tax credit incentive (no affiliate is eligible). The jobs creation/maintenance and wage requirements will be satisfied collectively by the approved company and the affiliates recognized above.

32 ,(!tamtttpnfutaffll :nf ~tntmd~u :sta'i'it StNA't'tt.t DORSEY RII)LJl:Y SENt\TE (JJitiic::l:: cnpitill~\iine'x~, -- R.,ltini iss~ [f.mnkmn;,kv. 4o6oL {so~>s~4:stoo. t:?~l,!ls!i_ Secret~n~Lat ry~h~yes Ken!tJcky CabineHor Economic Development ~old C~pitoi Atmex 3()_0 W~sti BtO'~dway Frankfort, I.<:entrtcky' 'I ~m writing to express :my :s~tppgrt for thellercules:m~:~riufacttlring CO.!ilpany ih Ben~et~oii,.Henderson. 0out)ty, Kentucky. Her~til.!::~ Ma.n~tf?ct1wit~gCo1Up~t~>rcm1 ci_~tjy.~jploys al;loufi 89, worket swithfu, the '(ri~_sj~\e. regionmm fijanu(a<;:tutets it1sulate4 and dry frcightvatlbodiesand tr~uer~ ':Y_hi~h!s<soJ<!'to~~~tpittets-ht t!ie ast~ii 1v1~-thirds ofthe. UniJed States; lt fs Jny iilifdei'staiidin~~the company bas filed ajonuatapp1icationjor slate iiweodv~. ' l I i I I -I t,f believe thts.proj~~t yvijj~tre_ng~h~r~ o~r:t:omijlu-:f!ijy: gycr~ft!jilg ile\vjob a!!g ip1provjflg Ott!' Io~l et:9ftqniy; i1 stro~gty ~:Uppqrt this ptoj c:t and the l ecoilll11"cndatiomo:ihe-k nt\i~kx Eyoiiofi]ic De\ielopinenfFiilMCe Autliodty fot': financiavinc:entives to.e~pan{ij~e!;e 9~le to the obvious benefits itwfllprovide ther~sld~nts o1eenc,t~;sptr Qo\Ji)ly, tli~ Not1hw(!sd~~iitucky region; ru~d Uie Con1n1onweaitli. Sincere)> /) c! ~~.'.= {! '_:,Jd)o:tscy Ridley :l{ehltt~ky' S.f~t $ei)jllor

33 DQNA!!P.'liQGifJvl~G9nMIQJ{ HE~DERSON COUNTY;JUDGI!/IlXECUTIVE Mays, 2015 OFFICE OF THE COUNTY JtJDGE/EXECOTIVE. - t:oui~thouse NottJ~ M~ig $~t~el, $iti ~ei~_de.rs9n, J<.c:!~tit~ky 424~0 PHONE (270) 826~J971.FAX~(270) 827"66"62. ANGELA GOMER S.ecret~JY l,arry Haye~ Kentucky_ Cabinetfor E~ononiic DeveJqpment Old.capitol Annex 3QOWest.Br~adway Frankfort, Kentucky Dear Secretarv+!ayes; Please accept-this lette(as afflrroatiqn and supp_ort of Hercules fvianufcic~tiring Company's application for Kentucky Business investmentint:entlve program.- ft is my tu1derstandlng that th~ Comp;:m.v ha_s;prqposed a. ptoj~d that Will purchase a new ERP. platform t6dheir Jfsysteirl entalllhg,$~50,000 Investment and the creation of 14 new jobs. I be]ievethis project will strengthen 9_ur cqrrn:nujjity by tr~c:~ting new. jg!:>~ a.11c:l hm>rqving our' l_a,al econ.omy. 1 stronghjsupporuhis.ptoject and the recommenda,tio.lho t~e Kentucky Economic oev_"liqpnieiit Finane~ AuthQ 'ity for f!nanciaj!ntentiv~s to e~p.i!.r:ia at tfjeir H~ndersol] Coqnw locc)tjon.. Donald Hugh Mctormi~k C:ounty Judge/Executvie

34 ' Steve A us~, Mayor CoifuiliSSloners: JcmM..Hite Jesse L.Jp~!@. JV Robert M, Mills X.Robert R:oyster, III P.Q;.Bo)(~ He n~ersoni KentuckY R-1.15~~ $~ghts;.cft;y Manager William;L. N~:wmaj;i, Jr., :AsSiStaht City Manager DawnS.I<eiSey, Cit)' Atfurney Carolyn Williams; Cii.y Clerk M~y8, :?:Ofs Secretary LfiUY l19yes Kentu~kY: Qa~inet for ;cono.mic Development Qld capitgl Annex 30U West. Broadway Frc:lnkfort, Kentucky J)e(;!r S_ecretary Hay~s: Th~,gity ot Hender!)on Is pleased to.offer its. support for the reql,!est fc)r incentives from Hen;:ul~s,Manufacturing Comp_a_nyin Hendersc>r'l forth~ full1% gfour local occupfltional tax for a ten-year period for expc:msic:m emp~()yment fforn inception of this project Hercules Manufacturing Company C!Jrrently employs 89 workers Within the tristate region ancj me1nufi,3ctyrers insylated i:jnd' dry freight van bodies,and trailers which are :sold'to ~ll!)tomer? in the Eastern two-thirds.ofthe Unlted'States. It is my understanding'the company hf!s filed a f()tmal aj:>plic~tion for state incentives. Per the application, Hercule!i interycis to adci 14 n~w jgbs with $2.50~000 i.n capitaunvestmeot, file exp~nsi()h ofthis ~xisting bu!)ine!)~ wm strengthen our community l:>y;cr~9ting new Jobs ~nd irnpr(?ving our loc~l!i!~bfiomy. Your strong considere1ticm of thi.s ~PPiit.:ation is requested ana appreci(lted'. Sincerely,?teve Austin M~Y.or CitY of Henderson q:: ()cmn~ M: crooks, Kyridle. THIN'~ HENDERSON ; SHOPPING..:,SEJMc;s.,.DINING,...

35 CABINET FOR ECONOMIC DEVELOPMENT Steven L. Beshear Governor May 28,2015 Old Capito! Annex 300 West Broadway Frankfort, Kentucky ThmkKentucky.com Larry M. Hayes Secretary Jeffrey A. Caddick Hercules Manufacturing Co. P.O. Box497 Henderson, KY Dear Mr. Caddick: I am pleased to inform you that the Kentucky Economic Development Finance Authority (KEDF A) preliminarily approved the request from Hercules Manufacturing Co. for incentives under the Kentucky Business Investment (KBI) program on May 28, Please note that the approval is contingent upon receipt of a fully executed Memorandum of Agreement (MOA). Enclosed are two MOA's to be signed by an official of the company. Please have both copies signed and returned to our office by June 30, Once the MOA's are executed by our office, we will return one original to you for your records. The project was approved with a base employment requirement. The base employment includes the full-time, Kentucky resident employees located at site of the approved project as of the preliminary approval date, as stated above. Please provide a listing of the base employment, (full-time, Kentucky resident employees as of the preliminary approval date) sorted by hire date. The listing should include the employee identification number, name, address, and date of hire. Please provide the employee listing to me electronically at sheri.fisher@kv.gov. Preliminary approval is effective for three years, with a progress report required to be submitted on or before the first anniversary of preliminary approval. To finalize your KBI project, we will need evidence of the investments made by the company. Please note preliminary approval does not authorize the company to begin utilizing the KBI benefits of the income tax credit and wage assessment. The benefits may commence only after final approval, the execution of the Tax Incentive Agreement and the activation of the project. ThinkKentucky.com An Equal Opportunity Employer MIF/D

36 Jeffrey A. Caddick May28,2015 Page Two Enclosed is a time line for the KBI program. Please call me at (502) 782~1977 if you have any questions or require additional information. We appreciate your consideration of Kentucky for this investment and look forward to working with you to finalize this transaction. Sincerely, Sheri Fisher Office of Financial Services Enclosures c: Frank Tate

37 ORDINANCE ORDINANCE AUTHORIZING AND DIRECTING THE REBATE OF ONE PERCENT (1.0%) OF THE WAGES, SALARIES OR OTHER COMPENSATION PAID BY HERCULES MANUFACTURING COMPANY IMPOSED AND LEVIED AS OCCUPATIONAL LICENSE FEES DUE AND PAY ABLE TO THE CITY OF HENDERSON, KENTUCKY, BY ORDINANCE, FROM THE SALARIES, WAGES AND OTHER COMPENSATION TO BE PAID TO NEW EMPLOYEES HIRED OVER THE BASELINE BY HERCULES MANUFACTURING COMPANY, PROVIDED SAID COMPANY MEETS THE CRITERIA SET FORTH IN ITS APPLICATION FOR INCENTIVES UNDER THE KENTUCKY BUSINESS INVESTMENT PROGRAM. WHEREAS, under Article III, Section of the Henderson Municipal Code, the City of Henderson, Kentucky, is authorized to levy and impose an annual license fee upon all persons, associations, corporations, or other entities engaged in any occupation, trade, profession or other activity in the City for the privilege of engaging in such occupation, trade, profession or activity; and WHEREAS, Hercules Manufacturing Company has made application for certain benefits and incentives available to it under the Kentucky Business Investment Program (KBI) of the Kentucky Economic Development Finance Authority (KEDF A) as a result of its commitment to expand and create jobs and investments in Henderson, Kentucky, as set forth in KRS , et seq.; and WHEREAS, Hercules Manufacturing Company has operated a facility m Henderson since 1902; and WHEREAS, Hercules Manufacturing Company is an outstanding company in our community and is a strong contributor to our local economy, and will continue to grow and contribute with this anticipated expansion project investment of $250,000.00; and WHEREAS, Hercules Manufacturing Company will improve and create a minimum of fourteen new jobs within a ten-year period, and will also play an important role in preserving the eighty-nine (89) existing jobs, thus continuing the company's long-term presence in the City of Henderson; and WHEREAS, as an incentive and an inducement for Hercules Manufacturing Company, to improve and grow its facility in Henderson, the City hereby agrees to rebate to the Company one percent (1.0%) of the total wages, salaries or other compensation paid by the Company imposed and levied as occupational license fees otherwise derived by the City from salaries, wages and other compensation paid to the qualifying fourteen (14) new company employees hired above the baseline of eighty-nine (89) existing positions; and Page 1 of 3

38 WHEREAS, the growth and development of Hercules Manufacturing Company through the hiring of new employees, increases the net profits and occupational license fee revenues and enhances overall economic prosperity in the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HENDERSON, KENTUCKY, AS FOLLOWS: Section 1. That the City of Henderson, Kentucky, hereby approves the application of Hercules Manufacturing Company, for economic benefits and incentives available to it under the Kentucky Business Investment Program of the Kentucky Economic Development Finance Authority (KEDF A), including the application by said Company for one percent (1.0%) of the wages, salaries or other compensation paid by the Company to qualified employees. Section 2. That the City of Henderson does hereby agree to rebate to Hercules Manufacturing Company, one percent ( 1. 0%) of the wages, salaries or other compensation paid by the Company imposed and levied as occupational license fees paid by said Company to qualified employees, for a period of ten (1 0) years or until the maximum amount allowed under the Kentucky Business Investment Program has been retained, whichever first occurs. The ten (10) year term shall commence when said Company's application has been given final approval and activated under the Kentucky Economic Development Finance Authority. Section 3. It is further ordained that the rebate of occupational license fees authorized and directed herein shall not apply to other income or net profits of Hercules Manufacturing Company, and only applies to occupational license fees on wages, salaries or other compensation paid by said Company to its new employees hired over the baseline of eighty-nine (89) existing positions in conjunction with the establishment and expansion of the business operations of Hercules Manufacturing Company in the City of Henderson, Kentucky. 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 Johnston: Commissioner Mills: Commissioner Hite: Mayor Austin: Commissioner Royster: 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. Page 2 of 3

39 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 Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: 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, City Clerk APPROVED AS TO FOJ}M AND LEGALITY THIS _3:d.. DAY OF DECEMBER, By: l/~l~ LP'./ /1.. / /Vt~!: 5 DawnS. Kelsey City Attorney Page 3 of 3

40 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Resolution Relating to Financing Capital Improvements Attached is a resolution submitted for your consideration relating to the financing of capital expenditures to be made from subsequent borrowings. The City intends to finance approximately $3,395, of the costs of acquisition, and related engineering expenses for a new public works facility and replacement of the 911 system, including the CAD system and records management system. In order to be eligible to receive reimbursement from bonds for expenses incurred prior to the bond sale, the Commission must approve a reimbursement resolution. Your approval of the attached resolution is requested. c: Robert Gunter

41 History of Bond Sale Bond issuance of 2014/2015: Issuance Cost- Reimbursement for HESTC Construction/Renovation Budget for MS Facility 911 Motorola Radios $ Total Municipal Services Facility Project Review and Update July 2015 A professional cost estimate was performed August 2015 Construction cost estimate based upon 50% design development Construction I Renovation $5,749,410 A/E Fee $ 402,458 Contingency $ 195,000 Total $6,346,868* (Budget Shortfall of $3,418,444) *Reviewed plans for cost cutting measures. A revised cost estimate was provided. A list of items that were cut between the original cost estimate and the revised cost estimate is attached. November Revised construction cost estimate Construction I Renovation A/E Fee Contingency $ 100,000 Total $5,635,724 * (Budget Shortfall of $2,707,300)

42 Option Issuance of bond for 2015/2016: *Finance balance of the MS Facility shortfall $2,707,300 or $3,418,444 **Finance balance of CAD system $195,517 *Municipal Services Facility - depending on which cost estimate is preferred, the cost may range from as low as $2,707,300 to as high as $3,418,444 **CAD contract- Infrastructure Total City's cost share County's cost share $ 965,690 $ 195,000 $1,160,690 $ 870,517 $ 290,173 City FY 2015/2016 Approved Budget - Delta Regional Authority Grant Total $575,000 s 100,000 $675,000 (Shortfall of $195,517)

43 Henderson Municipal Services Center Henderson, KY Hafer Associates Adjustments to Henderson County Public Services Budget DescriQtion Deduct Original Budget Deducts Cut Perimeter Fence to 6' $ 27,000 Eliminate new small parking area along entrance drive $ 37,800 Don't fill existing detention area on Sandefur site $ 54,000 Eliminate electric service fee $ 16,200 Eliminate dump fees $ 31,200 Balance Cut and fill (no import) $ 64,800 Eliminate block wainscot on storage yard buildings $ 114,534 EliffiiRate ear... asl:l eetl:lij3ffiert areii:ll:lilelirg G ~~Q,694 EliffiiRate larelseaj3irg (eriy irell:lele sees arei straw) $ ~:1:,6QQ EliffiiRate trairirg reeffi $ ~~,4QQ Eliminate covered pipe storage $ 96,000 Eliminate asphalt surface (finish) $ 162,000 Eliminate rock between asphalt and fence inside storage yard $ 81,000 EliffiiAate elwreise reeffi aaeij3recast "reef" $ 4&,6QQ Uniformed Door Sizes $ 15,984 Reduce contingency $ 95,000 Total After Adjustments Adds 17 Fuel Dispensing Equipment 18 70kw Generator $ $ 19 Ge.. ereel Parl~iRg Faeilitv MaRageffieRt +rl:lcl~s $ 20 Downspout Underground Piping 21 Paint Entire Existing Building 22 El!teREI GeRtral (;arage Gil Gi:laRge $ $ $ Total After Adjustments and Adds Add 111,546 43,740 65,QQQ 25,920 59,400 6Q,QQQ Total $ 5,749,410 $ 4,953,892 $ 5,194,498

44 HAFER ASSOCIATES ARCHITECTURE ENGINEERING INTERIOR DESIGN PLANNING Design Team Schedule Date: Client: City of Henderson Project: Henderson Municipal Service Center Project #: Subject: Design Schedule : : : : : : Engineering Meetings with Departments Design Development Documents Complete Drawings Outline Specification List 95% Construction Documents Set (w/ Specs) Final Owner Review 1 00% Construction Documents Set to Owner Out for Bid Bid Opening

45 RESOLUTION NO RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF HENDERSON, KENTUCKY WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS WHEREAS, Treasury Regulation (the "Reimbursement Regulations"), issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further subject to any other requirements or restrictions under those sections of the Code; and WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined) make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such Declaration of Official Intent be made no later than sixty days after payment of the Capital Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen months after the later of the date the Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the City of Henderson, Kentucky (the "Issuer") wishes to ensure compliance with the Reimbursement Regulations; NOW, THEREFORE, be it resolved by the Board of Commissioners of the City of Henderson, as follows: Section 1. Definitions. The following definitions apply to the terms used herein: "Allocation" means written evidence that proceeds of Obligations issued subsequent to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to make such an Allocation. "Capital Expenditure" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. 1

46 "Reimbursement" means the restoration to the Issuer of money temporarily advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the Issuer. "Reimbursement Regulations" means Treasury Regulation and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of the Code. Section 2. Declaration of Official Intent. (a) The Issuer declares that it reasonably expects that the Capital Expenditures described in Section (b), which were paid no earlier than sixty days prior to the date hereof, or which will be paid prior to the issuance of any Obligations intended to fund such Capital :f:xpenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the Issuer in the maximum principal amount, for such Reimbursements, of approximately $3,395,000; and (b) the Capital Expenditures to be reimbursed are to be used for (i) a new public works facility, including property acquisition and related engineering costs and (ii) a replacement 911 system, including the CAD system and a records management system. Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the Capital Expenditures for the purposes described in Section 2(b). Section 4. Open Meetings. It is found and determined that all formal actions of this Board of Commissioners of the Issuer concerning and relating to the adoption of this resolution were adopted in an open meeting of this Board of Commissioners of the Issuer; and that all deliberations of this City Commission of the Issuer and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. 2

47 Section 5. This Resolution shall take effect upon its adoption. On motion of Commissioner, seconded by Commissioner that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Steve 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, City Clerk APPROVED AS TO ~OJSM AND LEGALITY THIS _MD A Y OF DECEMBER, 2015 By:------P'-Jj-"f'-"'~~D~awn~S. K"--. else+-/--- City Attorney 3

48 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Collection of Outstanding Debts Owed to City The accompanying resolution authorizes and directs the City Attorney's office to proceed with action to collect outstanding debts owed to the City, including judicial action if deemed appropriate. As you are aware the City has started the process of demolition, maintenance and cleanup of abandoned and dilapidated properties. The City has acquired liens for the costs of this work as well as the outstanding delinquent taxes on properties. This action will allow the initiation of collection of outstanding debts. Your approval of the attached resolution is requested. c: Dawn Kelsey Robert Gunter Buzzy Newman Don Summers

49 RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE TO PROCEED WITH ACTION TO COLLECT OUTSTANDING DEBTS OWED TO THE CITY OF HENDERSON, INCLUDING JUDICIAL ACTION IF DEEMED APPROPRIATE. WHEREAS, the City of Henderson has reviewed the outstanding delinquent tax roll which indicates that there are numerous property taxes that are outstanding and delinquent; and WHEREAS, the City has incurred much expense in the demolition, maintenance and cleanup of abandoned and dilapidated properties, for which it has acquired liens for the costs of such work; and WHEREAS, the City of Henderson proposes to pursue collection of the outstanding debts and expenses, including judicial action if deemed appropriate. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the Mayor, is hereby authorized and directed to initiate action to collect outstanding debts and expenses incurred by the City, including judicial action if deemed appropriate, and that the Mayor, City Manager, City Attorney and appropriate staff members are hereby authorized to sign any and all documents deemed necessary to the furtherance of the authority outlined herein, including the hiring of outside counsel to collect these debts. On motion of Commissioner, seconded by Commissioner, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Johnston: Commissioner Mills: ---- Commissioner Rite: Mayor Austin: Commissioner Royster: 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, City Clerk 1

50 APPROVED AS TO FORM AND LEGALITY THIS _l_da Y OF DECEMBER, By: J)/kp(~ Dawn S. Kelsey D City Attorney 2

51 City Commission Memorandum December 2, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager 1 aj ' Purchase of Vehicles The accompanying resolution authorizes the purchase of a 2016 Ford F-350 chassis with installed dump bed from Dempewolf Ford, Henderson; a 2016 Ford F-450 chassis with installed dump bed and two Ford F-250 pickup trucks with installed service beds from Valley Truck Equipment, Utica; and a 2016 Ford F-350 extended cab chassis with installed service bed from Town and Country Ford, Evansville, in the low bid amounts of$29,685.91; $36, and $54,148.00; and $43, respectively. The F-350 with dump bed will be placed in the Parks and Recreation department Cemetery division replacing a 1997 Ford F-350. The F-450 with dump bed and one of the F-250 pickup trucks will be placed in the Public Works department Public Way Improvement division replacing a 1988 Ford truck and a 1999 Dodge Ram. The F-350 extended cab with service bed will be placed in the Public Works department City Garage division replacing a 1999 Chevrolet C-350; and the remaining F-250 pickup truck will be placed in the Public Works department Traffic Control division replacing a 2003 Ford F-250. All the new vehicles replace older units that will be taken out of service as they were expensive to maintain, undependable, in poor condition and have outlived their useful lives. Bid packages were sent to twenty-one vendors with nine submitting bids for Item A-One (1) one ton cab and chassis with installed dumb bed; seven bids received for Item B-One (1) cab and chassis with installed dump bed; seven bids received for Item C-One (1) one ton extended cab with installed service bed; and nine bids received for Item D Two (2) %ton pickup truck with installed service body. Dempewolf Ford submitted the low bid on Item A; Valley Truck Equipment submitted the low bid on Items B and D; and Town and Country Ford submitted the low bid on Item C. All bids meet specifications and award is recommended accordingly. Adequate funds are budgeted in the Fiscal 2016 budget for these vehicles. Your approval of the attached resolution is requested. c: Brian Williams Trace Stevens Robert Gunter Paul Titzer

52 Monday, November 23, 2015 Park and Recreation Memorandum TO: CC: FROM: SUBJECT: Russell Sights, City Manager Maree Collins, Robert Gunter Trace Stevens, CPRP, Park and Recreation Director Bid Acceptance In response to bid the Parks Recreation and Cemeteries Department would like recommend that the city accept the bid from Dempewolf Ford of Henderson KY for item A: (1) One new model year one ton cab and chassis with dump bed. The bid cost of this expenditure is $29, This vehicle will replace truck which is a 1997 Ford F350 whose condition is listed as poor. The new vehicle will be used by cemetery division for regular duties. The old vehicle is recommended for disposal.

53 Public Works Memorandum Date: Dec. 1, 2015 TO: FROM: RE: Russell Sights, City Manager Brian Williams, Public Works Director fvj Bid Reference No , Dump truck, Service truck and (2) service trucks Bids were opened Nov. 17, 2015 for (1) dump truck, (1) service truck and (2) service trucks. The bids opened were as follows: Bidder Valley Truck Equipment Town & Country Ford Valley Truck Equipment Amount $36, (dump truck) $43, (service truck) $54, (2 service trucks) This bid is for the purchase of the following vehicles: ITEMB: (1) 2016 dump truck which will replace vehicle # , a 1988 Ford truck with 44,851 miles ITEMC: (1) 2016 service truck which will replace vehicle # , a 1999 Chevrolet C-350 with 139,144 miles ITEMD: (2) 2016 service trucks which will replace vehicle # , a 1999 Dodge Ram with 132,564 miles and vehicle # , a 2003 Ford F-250 with 206,815 miles I recommend that Bid Reference No be awarded to Valley Truck Equipment, Utica KY in the amount of $90, and to Town & Country Ford, Evansville, IN in the amount of $43,

54 I- UJ w 0 (.)...J 0 CITY OF HENDERSON, KENTUCKY z <.9...J31D T~BULATION. SHEET :?! cr: <( z a.. 0 (3 - z 0 :J. Ll. cr:...j 0 BID REFERENCE NO.: a >- w 0 cr: :?! cr:>- UJ cr: :a: (.) 0 0 f2:::.::: :::.::: 1-z z U.>- 0>- DATE BID OPENED: 11/17/15 (.) z- ~~ :::J cn:::.::: UJ:::.::: u.;;i :J w -...Jo :J 0~ (.)u.j cr:z <(Icr: cr:z (.)...J z...j 0- ocr: u.o I- APPROVAL DATE: ~~ <(:::! Ll. - cr:o (J)I- ~5 UJW >- zcn :a:> cr:cr: (J)LI. - <.9 a..o UJ :c2? UJUJ (/):::.::: zz ACCEPTANCE FORM SENT: :a:z...j sz (.):::> ><a.. oz z_...j o;3: :JC/) UJ>< UJUJ <CO cr:~...jw Cl:C 1-UJ lll...j cr:::!5 (.)u. <.9...J ~ Item A: One (1) New 2015 or 2016 Model Year One Ton Cab and Chassis with Dump Bed ' $29, $33, $31, $32, $32, $33, $34, Item B: One (1) New 2015 or 2016 Model Year Cab and Chassis with Installed Dump Bed $42, $36,84~.28 $43, no bid $38, $44, $37, Item C: One (1) New 2015 or 2016 Model Year One Ton 350/3500 Extended Cab with Installed Service no bid $45, $43, $46, $55, $49, $49, IR<>rl Item D: Two (2) New 2015 or 2016 Model Year 3/4 Tn Pickup Truck with Installed Service Body $54, $54, $55, no bid $57, $58, $62, Other Bidders Contacted Bids Opened & Recorded By: Bids Reviewed By: Moore Ford-Mercury; Expressway Auto World; Audubon Chrysler Center; Henderson Chevroletfl Oldsmobile; Paul Miller Ford; Wilcat Ford; Jones Auto Group; Uebelhor & Sons; Freedom Dodge... ~..;~ Chrysler Jeep; Steve Jones Chrysler Jeep Dodge; phillipm@linwoodmotors.com Paul Titzer Trace Sevens Cindy Bickwermert Brian Williams H

55 CITY OF HENDERSON, KENTUCKY 0:::.. BID T.~BULA TION SHEET w -...I 1- <( w...i 0::: BID REFERENCE NO.: ::: ~ > :::.:::: z DATE BID OPENED: 11/17/2015 (.) ~?2 w ::;) u.i (.) - 0:::...I 0::: :::s::::w...i APPROVAL DATE: 1- - o:::j 0 > o- (.)(/)(/) ~ <Cwz :::c~ ACCEPTANCE FORM SENT: z ~...I<( ms 0<> oo 0 >CJ)W a:l...j Item A: One (1) New 2015 or 2016 Model Year One Ton Cab and Chassis with Dump Bed $34, $42, no bid Item B: One (1) New 2015 or 2016 Model Year Cab and Chassis with Installed Dump Bed no bid $56, no bid Item C: One (1) New 2015 or 2016 Model Year One Ton 350/3500 Extended Cab with Installed Service $48, no bid no bid lo~...1 Item D: Two (2) New 2015 or 2016 Model Year 3/4 Tn Pickup Truck with Installed Service Body $64, $86, $60, Other Bidders Contacted Bids Opened & Recorded Bv: Bids Reviewed Bv: Moore Ford-Mercury; Expressway Auto World; Audubon Chrysler Center; Henderson Chevrolet- Oldsmobile; Paul Miller Ford; Wilcat Ford; Jones Auto Group; Uebelhor & Sons; Freedom Dodge Chrysler Jeep; Steve Jones Chrysler Jeep Dodge; phillipm@linwoodmotors.com Paul Titzer Trace Sevens Cindy Bickwermert Brian Williams

56 City of Henderson, Kentucky Invitation to Bid Bid Reference No SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS The City of Henderson is soliciting sealed bids for the below listed new 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 to the City of Henderson, Central Garage, 1131 Fifth Street, Henderson, Kentucky. Bids shall remain valid for a period of thirty {30) days after bid opening. Bids will be awarded on an individual line item basis. Vendor may bid on one or more of items A, B, C, or D. Bid procedure questions may be directed to Paul Titzer, Assistant Finance Director, at , ext Item A: One (1) New 2015 or 2016 Model Year One Ton Cab and Chassis with Installed Dump Bed: Engine V-8 G.V.W.R. 10,500 pounds Transmission Automatic Two wheel drive (2WD) Equipment ale Vinyl bench seats Vinyl or rubberized floor covering Dual airbags AM/FM radio Dual rear wheels ABS

57 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page2 Tires Steel belted radial, all season, black wall Wheelbase 59" cab to axle (nominal) Paint and Interior White with color coordinated interior Installed 9' Dump Bed Sides Sides shall feature sloped top and lower rails for easy dirt shedding. Sides shall be constructed of a minimum of 12 gauge high tensile steel. Sides are to contain two cheater board pockets each, one at the front and one at the rear of the body to allow for a nominal 2x6 to be installed for increased dump volume. Side Height 16" Tailgate Tailgate shall feature sloped top and lower rails for easy dirt shedding. Tailgate shall feature a seamless two-piece construction with 12 gauge steel outside panel and 10 gauge inner walls. Tailgate shall be double-acting in order to accommodate both drop down pick-up style and spreader applications. Tailgate shall possess quick release, one-handed lever for easy drop down action. Floor Floor shall be constructed of a minimum thickness of 7 gauge high tensile steel and shall be fully seam welded. The floor shall be sloped to side interface to reduce material adhesion on sides. Understructure UnderstructUre shall feature a "crossmemberless design" with trapezoidal fully boxed 7 gauge HRCQ long sills that run the entire length of the floor. Lighting All lighting shall comply with FMVSS 108 requirements.

58 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page3 Warranty The following items shall be covered by a minimum three year limited warranty to the first owner/user of record: No rust through Free from defects in workmanship Free from defects in materials Cab Protector Cab protector shall be constructed of 1 0 gauge high tensile steel with a punched window for operator visibility. Hoist Hoist shall feature sub-frame design and a rugged steel lift arm construction for stable lifting. Hoist shall be double-acting with power up and power down. Powered by a 12 volt pump with a pendant switch control. Control of the dump bed will be accessible from inside and outside the cab. Roll Back Tarp to be included Color Black Class V Receiver Hitch With 7/4 combo electric plug Backup Camera to be included Audible Backup Alarm to be included Item B: One (1) New 2015 or 2016 Model Year Cab and Chassis with Installed Dump Bed: Engine 6.4L Gas engine or 6.7L diesel (min) GVWR 16,500 pounds Transmission Automatic (2WD)

59 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page4 Equipment AIC, vinyl or cloth bench seat, dual 7"x 1 0" outside rearview mirrors, am/fm radio, intermittent wipers, airbags, dual rear wheels, towing Tires Steel belted radial, all season, black wall Paint and Interior White with color coordinated interior, vinyl floor covering Installed Dump Bed: Dimensions 9' Bed, with cab protector to extend over Yz cab Hoist Hoist shall feature sub-frame design and a rugged steel lift arm construction for stable lifting. Hoist shall be double-acting with power up and power down. Powered by a 12 volt pump with a pendant switch control. Control for the dump bed will be accessible from inside and outside the cab. Paint Black Equipment Receiver trailer hitch with wiring Roll back tarp Item C: One (1) New 2015 or 2016 Model Year One Ton 350/3500 Extended Cab with Installed Service Bed. Cab and Chassis Fourkeys GVWR (LB) 13,200 min. Exterior solid color (white) Wheelbase 162" (min.) Cab to axle 60" nominal Engine Gasoline engine, 8 cylinders, 300 horsepower (min.)

60 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 5 Drive Train 4 wheel drive Automatic transmission State axle ratio in bid and options available. Tires and Rims All Terrain LT245/75R17D tires or similar Dual rear wheels Equipment AM/FM stereo Power brakes ABS system Power steering. Power windows and locks Marker lights on cab Telescoping trailer tow mirrors Vinyl floor covering Vinyl front seat 40/20/40 split-bench, bench rear seat Air conditioner Dual 78-AH 730 CCA Batteries Backup alarm NerfBars mounted on both sides of cab under doors Towhooks Tow package Service Body 9' Service body Double panel doors with adjustable door strikers Double spring over center door retainers on vertical doors All stainless steel continuous hinges Automotive paddle latches Slammable tailgate Recessed stop I tail turn lighting package Grip punch bumper with recess Receiver hitch reinforced to frame Vice holder mounted on right rear of bed in a vertical position Four roll-out trays in passenger (curb side) front Two roll-out trays in drivers middle long Two roll-out trays in drivers rear Four roll-out trays in drivers side front Two roll-out trays in passengers side middle long

61 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page6 One adjustable divider trays in passengers side rear All roll-out trays to have 250LB rating and ball bearing suspension Switch control box in cab 110 Volt receptacle mounted on rear ofbody 3500 Watt power, power inverter AC power Master locking system at rear of bed Inverter mounted in middle of LRV Telescopic sliding roof 48" Amber Strobe Light With Rear Work Light Built in! mounted on top and wired to in dash switches (2) Aluminum tread plate gravel guards to cover front of bed top to bottom right- hand, left-:-hand side Service body and components shall be installed and painted white to match cab, complete with lights and reflectors. 5 year warranty All latches keyed alike Passenger side: 0 1st Vertical is 33.5" wide X 20" deep X 60" high (approximately) Lapping doors o Rear vertical is 25.5" wide x 20" deep x 60" high (approximately) Drivers side: 0 1st Vertical is 33.5" wide X 20" deep X 60" high (approximately) o Rear vertical is 25.5" wide x 20" deep x 60" high (approximately) (1) Adjustable flat shelf Backup camera Item D: Two (2) New 2015 or 2016 Model Year% Ton Pickup Truck with Installed Service Body. 5.4liter V -8 gasoline engine (minimum) Minimum 9,000 pounds G.V.W.R. Automatic transmission 2WD AJC Vinyl bench seats Vinyl or rubberized floor covering Dual airbags AM/FM radio ABS - 4 wheel Roof mounted LED amber bar strobe light(s) Steel belted radial, all season, black wall tires White with color-coordinated interior

62 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 7 Service Body 1. 96" bed length 2. Not less than 48" inside bed width 3. Overall bed height not to exceed 41" 4. Bed to top of unit not to exceed 27" 5. Diamond tread plate rear bumper extended to 12", equipped with a frame mounted receiver trailer hitch 6. Overall width not to exceed 78 Yz" 7. Compartment depth not to exceed 15" 8. Tail, brake and backup lights to be LED and to be recessed flush with exterior of body with wiring and housings to be protected on the inside of body compartments 9. All compartment doors to be equipped with chains, rod or bar stops 10. Body shall be equipped with two vertical and one horizontal compartments on each side, the driver side horizontal compartment shall be at least 64" long 11. All doors shall be rust proofed on the inside of the panels 12. Automotive gaskets shall be installed on the inside of all compartment doors for dust and water protection 13. Utility body to be completely undercoated with a rust inhibitor 14. All doors shall be equipped with rotary locks and keyed alike, a single master lock station for each side shall also be installed 15. All vertical compartments to be equipped with three adjustable shelves with adjustable dividers 16. The tops of both sides shall have tread plate 17. The utility bed to be painted completely with the identical type and color paint matched to the truck cab and inside of the bed to have a spray on liner 18. Tailgate to be slam-gate pickup style 19. Backup camera - End of Section E

63 RESOLUTION NO. --- RESOLUTION A WARDING BIDS FOR THE PURCHASE OF A 2016 FORD ONE TON CAB AND CHASSIS WITH DUMP BED FROM DEMPEWOLF FORD OF HENDERSON, KY IN THE AMOUNT OF $29,685.91; A 2016 FORD CAB AND CHASSIS WITH DUMP BED AND TWO 2016 FORD % TON PICKUP TRUCKS WITH INSTALLED SERVICE BODIES FROM VALLEY TRUCKING EQUIPMENT OF UTICA, KY IN THE AMOUNT OF $90,990.28, AND A 2016 FORD ONE-TON EXTENDED CAB WITH SERVICE BED FROM TOWN AND COUNTRY FORD OF EVANSVILLE, IN, IN THE AMOUNT OF $43, WHEREAS, the City of Henderson has issued invitations to bid for the purchase of five vehicles, being one (1) 2016 one ton cab and chassis with dump bed for the Parks and Recreation Department and one ( 1) 2016 cab and chassis with installed dump bed ; one ( 1) 2016 oneton extended cab with installed service bed and two (2) 2016% ton pickup trucks with installed service bodies for the Public Works department; and WHEREAS, bids were submitted to the City of Henderson pursuant to said invitations, and were publicly opened on November 17, 2015, with the lowest bids submitted as follows: Item A: One (1) 2016 Ford F350 one ton cab and chassis with dump bed to Dempewolf Ford of Henderson, KY in the amount of$29, for the Parks and Recreation Department; Item B: One (1) 2016 Ford F450 cab and chassis with installed dump bed to Valley Truck Equipment of Utica, KY in the amount of$36, for Public Works Department; Item C: One (1) 2016 Ford F350 one ton extended cab with installed service bed to Town and Country Ford of Evansville, Indiana in the amount of$43, for Public Works Department, and Item D: Two (2) 2016 Ford F250% ton pickup trucks with installed service bodies to Valley Truck Equipment in the amount of $54, for Public Works Department, which bids the City Manager recommends be accepted. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Dempewolf Ford, 2530 US-41, Henderson, KY for one (1) 2016 one- ton cab and chassis with dump bed; Town and Country Ford, 7720 E. Division Street, Evansville, Kentucky for one (1) 2016 one-ton extended cab with installed service bed, and Valley Truck Equipment, 8561 Hwy 431, Utica, KY for one 2016 one-ton extended cab with installed service bed and two (2) 2016% ton pickup trucks with installed service bodies, in strict accordance with their bids 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 Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor Date:

64 ATTEST: Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _kr6ay OF DECEMBER, By: DawnS. Kelsey City Attorney

65 City Commission Memorandum December 2, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager./2J.f Award of Bid for a New Gathering Place Parking Lot & Driveway The accompanying resolution authorizes the award of a contract to Hazex Construction Company, Inc., Henderson, for the construction of a new Gathering Place parking lot and driveway in the low bid amount of $32, The project calls for the construction of a new parking lot, including driveway and an adjacent 5' wide sidewalk on the east side of the Gathering Place building. The scope of work includes: grading the site; placement of a 6" rock base for the new asphalt parking area and driveway; and construction of a new 5' wide sidewalk from the parking lot to the building's entrance. The asphalt paving will be completed under the City's annual paving contract and is not included in this bid package. Bid packages were sent to eight vendors, with three bids received. The low bid of Hazex Construction Company, Inc. meets specifications and award is recommended accordingly. Adequate funds are available for this purpose in the Fiscal 2016 CDBG budget. Your approval of the attached resolution is requested. c: Buzzy Newman Dylan Ward Paul Titzer

66 Engineering Division Memorandum December 1, 2015 TO: FROM: THRU: Russell Sights, City Manager Dylan Ward, Engineering Assistant William Newman, Assistant City Manager I '" jvj 1(/ ~!:., SUBJECT: Bid Reference 15-23, Construction of a New Parking Lot at the ~;~ering Place Bids were opened on November 24, 2015 for the construction of a new parking lot at the Gathering Place. The work under this contract includes dirt work, placement of rock base, and the construction of a new sidewalk. The asphalt paving will be completed separately under the city's annual paving contract and is not included in this bid package. The bids opened were as follows: Bidder Total Bid Price Hazex Construction Company, Inc. $ 32, AVP, Inc. $ 44, Knight Construction & Excavating Inc. $ 69, I recommend that Bid Reference be awarded to Hazex Construction Company, Inc., 1890 Madison Street, Henderson, KY in the amount of$32,

67 «l CITY OF HENDERSON, KENTUCKY 0 () z BID TABULATION SHEET 0 z 0 i= () i= ::::> BID REFERENCE NO.: () 0:: ::::>>- 1-()~ 0::~ ~ Cl}z DATE BID OPENED: 11/24/ z- - C/}z z OC>CI} zo 0 ()ZO:: _w 0 C/), C/) APPROVAL DATE: Cl}l-1- ()a::: ()0:: - <(I xw zw 1->C> wo -0 I<(::> ACCEPTANCE FORM SENT: NZ a.z <(W >W 52o::s ZX II <(I ~WCI} Lump Sum Price for Construction and Materials $32, $44, $69, Other Bidders Contacted: Bids Opened & Recorded By: Bids Reviewed By: Double A Services, Inc.; M Bowling, Inc.; River Town Consturction, LLC; Schneider Farms; Excavating; Mattingly r('~ L~ Construction Paul Titzer Dylan Ward h," CindyBic~ ~ ~\c:kwvv7l1 IJ H

68 City of Henderson, Kentucky Invitation to Bid Bid Reference No SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS The City of Henderson is soliciting bids for the construction of a new parking lot for the Gathering Place located at 1817 North Elm Street. Due to the funding of this project, Davis Bacon prevailing wages shall be paid for all work performed. The Davis Bacon prevailing wage rates are enclosed and incorporated herein by reference. Also, federal contract provisions must be followed by the contractor. The federal contract provisions, (Exhibit C) are enclosed and incorporated herein by reference. SPECIFICATIONS AND REQUIREMENTS: The work involved under this contract is for the construction of a new parking lot which includes a new driveway and an adjacent 5' wide sidewalk. The scope of work covered under this contract includes but is not limited to: the grading of the site according to the enclosed grading plan (Exhibit A), the placement of a 6" rock base for the new asphalt parking lot and driveway, and the construction of a new 5' wide sidewalk from the parking lot to the building's entrance (Exhibit B). The asphalt paving will be done by another party and is not a part of this contract. All potential bidders are required to attend a pre-bid meeting on Wednesday, November ut\ 2015 at 1:30 p.m. on the project site. All work is to be completed by March 31, The penalty for each day beyond the due date shall be $500 per calendar day and will be deducted from the final invoice. The contractor is responsible for providing all materials including but not limited to rock, concrete, expansion material, and dirt. Existing Utilities: There is currently an active gas line that runs through the project site and interferes with the grading plan. The city will make this line inactive and install a new gas line that detours around the project site before construction begins. The contractor will be responsible for removing any portion of the old inactive gas line that interferes with the parking lot construction. It is the contractor's responsibility to call 811 for locates and to verify that the existing gas line has been abandoned. It should also be noted that there is a secondary electric service to the building that has a low clearance.

69 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page2 Grading: All excavation and grading is to be done in accordance with the City of Henderson's Public Improvement Specifications. The contractor is responsible for adhering to the grading plan attached to this bid package (Exhibit A) and will be responsible for setting the grade. The owner reserves the right to make changes to the grading plan in the field as construction progresses. The engineering department will mark the outer edges of the parking lot with stakes, but the remaining layout will be the responsibility of the contractor. As approximately half of the site will need fill material and half will need to be cut, the contractor may use native soil for the sub-grade when filling, except for the top 4" of topsoil. This topsoil must be hauled off-site and is not to be used in the subgrade for the parking lot. With the city's permission, however, the contractor may store some of the topsoil on-site to be later used by the city as backfill once it is paved. All fill material shall be placed by distributing the material in successive uniform horizontal layers not exceeding 12 inches in loose depth thickness. Each layer of the fill material shall be thoroughly compacted using a sheep's tooth roller or by an alternative method approved by the engineering department. The engineering department must inspect the sub-grade before any rock can be placed. The sides of the new parking lot must tie-in to the existing grade at a slope that is acceptable to the engineering department and that does not create a fall hazard. This slope will be determined in the field before any rock is to be placed. Placement of Rock Base: The rock base shall be of Dense Graded Aggregate (DGA) as per the KYTC Standard Specifications, and shall be a minimum of six ( 6) inches thick after compaction underneath the new parking lot and driveway. The DGA shall be placed on the prepared sub-grade, then shaped and compacted to the grades displayed on the attached grading plan (Exhibit A). The DGA base shall be compacted to a density of not less than 90% of solid volume throughout the layer. Erosion Control: The contractor shall control water pollution through the use of best management practices that limit eroded sediment leaving the site, and shall coordinate these measures with the construction schedule to ensure effective and continuous erosion control throughout the construction and post construction periods. Seeding: All graded areas shall be left smooth and sown with a mixture of grasses at a rate of not less than 100 pounds per acre. The seeded area shall then be mulched with clean, weedfree straw to a depth of approximately 2 inches. The contractor shall use the seed mixture laid out in the City of Henderson's Public Improvement Specifications.

70 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 3 Sidewalk: A new 5' wide sidewalk is to be installed as shown in Exhibit B from the new parking lot to the existing building. The sidewalk is to be 4" thick and is to be constructed in strict compliance with the City of Henderson's Public Improvement Specifications. The sidewalk's exact path will be approved by the engineering department in the field. Existing Trees: There are two trees on site that will be removed by the City of Henderson (including stump removal) before construction begins. They will be marked with an orange "X." Bid Bond: A Bid Bond in the form of cash, certified check, or a satisfactory bond executed by the Bidder or a surety company in the amount of five percent ( 5%) of the total bid amount, payable to the City of Henderson, shall be submitted with each bid. Performance and Payment Bonds: The successful bidder must furnish, within seven (7) days of notice of bid award, a performance bond equal to 100% of the contract price, as well as a payment bond equal to 100% of the contract price. Failure to supply the performance bond will result in forfeiture of the bid bond. Failure to comply with the provisions of the plans and specifications will result in forfeiture of the performance bond. All bonds must be in a form acceptable to the City of Henderson. The performance bond shall be held for a oneyear guarantee period, at which time, it will be released if no defaults are found. The payment bond will be released as soon as the contractor has certified to the City that all material and labor used on the project have been paid for. All bids shall remain in effect for sixty (60) days from date of opening. The City's sales tax exemption status may not be used by the bidder to acquire materials or supplies on a sales tax exempt basis. Any sales taxes or other taxes incurred by the bidder remain the responsibility of the bidder. It is assumed that all such costs incurred by any bidder are included in his bid price. Insurance: During the term of the contract and before any part of the services are performed or the goods are delivered, Bidder shall, at Bidder's sole expense, cause to be issued and maintained not less than the insurance coverages set forth below:

71 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page4 A. Broad Form Comprehensive General Liability, including Products and Completed Operations. Bodily Injury: Property Damage: $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence B. Automobile Liability, including any auto, hiring autos and non-owned autos. $300,000 combined single limit C. Workers Compensation for all employees used on the job pursuant to statute. Certificates of insurance, issued by companies authorized to do business in the state of Kentucky, satisfactory in form to the City and signed by the Bidder's insurer shall be supplied by Bidder to the City evidencing that the above insurance is in force and that not less than thirty (30) calendar days written notice will be given to the City prior to any cancellation or restrictive modification of the policies. Bidder shall replace any cancelled policy within the thirty (30) day notice period so that there is no lapse in coverage at any time during the period covered by this contract. Payment and Retainage: Payment will be made as follows: Upon receipt of an itemized invoice and payroll sheets for the completed work, the work will be inspected and all paperwork will be validated by the City. The invoice will then be paid. A ten (10%) retainage of the invoice amount will be held until all work has been completed and accepted by the City. Other Requirements: The successful bidder shall comply with all applicable local, state, and federal rules, regulations, and guidelines. The successful bidder will be required to obtain a City of Henderson Occupational License before beginning any work on this project. All potential bidders are required to attend a pre-bid meeting on Wednesday, November 11 t\ 2015 at 1:30 p.m. on the project site. All technical questions shall be addressed to the attention of Dylan H. Ward, Engineering Assistant, at dhward@cityofhendersonky.org or Bid procedure questions should be directed to Paul Titzer, Assistant Finance Director, at , ext End of Section E

72

73 RESOLUTION NO. --- RESOLUTION A WARDING BID OF CONTRACT FOR CONSTRUCTION OF A NEW PARKING LOT AT THE GATHERING PLACE TO HAZEX CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $32, WHEREAS, the City of Henderson has issued invitations to bid for the contract for construction of a new parking lot at the Gathering Place; and WHEREAS, bids were submitted pursuant to said invitations, and were publicly opened on November 24, 2015, with Hazex Construction Company, Inc. of Henderson, KY, submitting the lowest bid of $32, NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that award is hereby made to Hazex Construction Company, Inc Madison Street, P.O. Box 357, Henderson, KY , in strict accordance with its bid as submitted pursuant to Bid Reference On motion of Commissioner seconded by Commissioner,that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: 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, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _pi>ay OF DECEMB;'JD15., / By: 1s~/J'C ~..-;'7) awns. Kefsey~ 1 City Attorney

74 City Commission Memorandum December 1, 2015 TO: FROM: SUBJECT: Mayor Steve Austin and the Board of Commissioners Russell R. Sights, City Manager Humane Society Agreement The accompanying resolution authorizes the execution of an agreement with the Humane Society of Henderson County, Inc., for animal control and shelter services in the monthly payment amount of $9, for up to six months; and giving the Mayor the authority to terminate the agreement with a thirty (30) day written notice. Services to be provided under this agreement are unchanged and are directed to a domestic animal control program including responding to animal bites and the quarantine thereof; the capture of stray dogs; the retrieval of acutely sick or injured stray dogs, cats, and other small pets; investigation of complaints of animal cruelty; operation of the animal shelter; and domestic dead animal removal and disposal. This is an extension of the Agreement that was approved in June Modifications that were made to the agreement in June 2015 included: changing the right of either party to cancel and terminate the Agreement without cause from ninety (90) days notice to thirty (30) days written notice; and changing the term of the Agreement from twelve (12) months to six (6) months. Payments will continue to be made on a monthly basis through June 30, 2015, unless the Agreement is terminated prior to this date. Adequate funds are budgeted and available in the Fiscal 2016 budget for this purpose. Your approval of the attached resolution is requested. c: Robert Gunter

75 RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH THE HUMANE SOCIETY OF HENDERSON COUNTY, INC. ALLOCATING $9, ON A MONTHLY BASIS FOR ANIMAL CONTROL AND SHELTER SERVICES; AND GIVING MAYOR AUTHORITY TO TERMINATE AGREEMENT WITH A THIRTY (30) DAYS WRITTEN NOTICE, AND THE MAYOR IS AUTHORIZED TO EXECUTE AGREEMENT ON BEHALF OF CITY WHEREAS, the City of Henderson desires to enter into an agreement with the Humane Society of Henderson County, Inc., whereby the City agrees to allocate funds to the Humane Society in the amount of $9, on a monthly basis, in exchange for it providing animal control and shelter services to the community for a six ( 6) month period beginning January 1, 2016 and ending June 30, 2016, unless terminated prior to this date. WHEREAS, the Mayor has the authority to terminate this agreement by his own discretion with a thirty (30) days written notice; and WHEREAS, the Humane Society activities are for the use and benefit of the citizens of the City of Henderson and such allocation of funds serves a public purpose; and WHEREAS, the City Manager recommends that said Agreement be approved. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and the Agreement between the City and the Humane Society of Henderson County, Inc., (a copy of which is attached hereto), is approved and the Mayor is given authority to terminate this agreement by his own discretion with a thirty (30) days written notice, and is hereby authorized and directed to execute 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 Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Maree Collins, City Clerk Steve Austin, Mayor Date:

76 APPROVED AS TO FORM AND LEGALITY THIS ~y OF DECEMBER, By:~~ City Attorney

77 AGREEMENT This Agreement entered into on this day of December 2015, by the City of Henderson, Kentucky, hereinafter referred to as the "City," and the Humane Society of Henderson County, Inc., a nonprofit corporation organized under the laws of the State of Kentucky, with its principal place of business in Henderson, Henderson County, Kentucky, hereinafter referred to as the "Humane Society." WITNESSETH: WHEREAS, the Humane Society is organized and operated as an animal welfare agency to serve the residents of the Henderson, Kentucky, area; and WHEREAS, a contract and lease dated March 1, 1967, between the City of Henderson and the Humane Society has been executed with the purpose of providing proper care and custody of stray animals; WHEREAS, it is the intention of the parties by this agreement to not supercede the March 1, 1967, lease and contract but rather to supplement and clarify the obligations of the parties; and WHEREAS, the City Board of Commissioners of Henderson, Kentucky, has allocated funds for the support of the Humane Society Animal Control Division for the benefit of animal control within the community of Henderson, Kentucky; and WHEREAS, the Humane Society desires to provide to the City, and the City desires to purchase from the Humane Society, domestic animal control and shelter services according to the terms of the contract and lease and the following agreement. NOW, THEREFORE, in consideration of the premises: 1. The Humane Society agrees to use its best efforts to provide a quality, nondiscriminatory, effective domestic animal control program for the City of Henderson, Kentucky. 2. The Humane Society agrees that all funds provided will be used solely for the purpose of administration and operation of a domestic animal control program and an animal shelter for the City of Henderson, Kentucky, in accordance with the laws, regulations, and statutes of the Commonwealth of Kentucky. 3. The Humane Society agrees to staff the agency with animal control officers and shelter staff to provide animal control and shelter services. A minimum of two employees trained and equipped for field services shall be maintained. Field services shall be provided Monday through Friday during business hours as defined in Section 4 below, and at other times for emergency calls as described in Sections 7 and 8.

78 4. The animal shelter shall be operated by Humane Society staff at 203 Drury Lane. The shelter shall be open and available to the public on Monday, Thursday, and Friday from 10:00 a.m. until 5:00 p.m., on Tuesday from 10:00 a.m. until 7:00 p.m., on Wednesday from 12:00 p.m. until 5:00p.m., and on Saturday from 9:00 a.m. until 12:00 p.m. The animal shelter will be closed to the public for the training of shelter staff and animal control officers and for the following holidays: New Years Day; Martin Luther King Jr. Day; Memorial Day; Independence Day; Labor Day; Thanksgiving; and Christmas. Telephone service shall be maintained at the shelter with its number listed for public use. 5. The Humane Society shall be responsible for maintaining the animal shelter in good condition, ordinary wear and tear excepted, and shall insure all buildings and improvements against fire and other perils. In the event the facility is destroyed or severely damaged, the Humane Society agrees to construct a replacement facility appropriate for the purpose intended. 6. The Humane Society shall provide the forms, means, procedure and personnel at the shelter for adoption of suitable animals in compliance with all ordinances, statutes, and regulations. 7. Humane Society Animal Control division calls shall be classified as Emergency Calls and Non-emergency Calls. All Emergency Calls between the hours of 5:00p.m. and 8:00 a.m. on Monday through Friday, or anytime on Saturday, Sunday, or holidays shall be verified by a law enforcement officer on the scene. Emergency calls shall include: a. animal bites and quarantine as requested by the health department; b. acutely sick or injured stray dogs, cats, and other small pets; and c. complaints of animal cruelty. Emergency calls should be responded to with one hour of receiving the call. 8. The Humane Society Animal Control division shall respond to non-emergency calls as soon as practical during normal business hours, and shall attempt to answer all calls before the end of the day whenever possible. Non-emergency calls include, but are not limited to: a. all reports of dogs running loose; b. all requests for dead domestic animal removal along roadways and on other public property of a size that can be properly handled by Humane Society vehicles; c. abandoned domestic animals; d. pick-up of owned-dogs at the owner's request, subject to the rules and regulations of the Humane Society Animal Control division; and e. pick-up and confinement of domestic animals that would otherwise be left unattended pursuant to Humane Society Animal Control division rules and regulations. 2

79 9. No animal-related complaint shall be deferred to the City ofhenderson during normal business hours, including complaints related to wildlife. 10. A cell phone shall be provided by the Humane Society to its animal control staff to facilitate after-hour contact for emergency calls only. The City will initiate the afterhour contact after verification has been made by a law enforcement officer. A callout list shall be provided to the City listing personnel assigned for after-hour calls. 11. The Humane Society shall provide to all animal control officers uniforms that designate them as animal control and shall be provided with proper identification that designate them as animal control. The Humane Society shall provide rabies and other appropriate vaccination to animal control officers on a regular schedule. 12. All animal control officers should received the appropriate orientation and training before beginning their duties and receive continuing training and education. 13. Animal control vehicles shall be kept clean and maintained in good working order. The Humane Society shall transport all living domestic animals in vehicles with equipment and appurtenances which shall protect and shelter the animals. The vehicles shall be conspicuously marked as Animal Control vehicles. No personal or take-home use of the vehicles shall be permitted except for animal control officers on-call for after-hour response. 14. All Animal Control officers who are out on calls must have radio access and radio communication ability at all times. 15. The Humane Society shall provide for the prevention of abandonment and straying of animals within the city by accepting all domestic animals brought to its shelter by any person living in the City, in accordance with Humane Society rules and regulations. 16. The Humane Society Animal Control division shall use its best efforts to capture all stray and abandoned dogs within the City for holding in its shelter for the period of time required by pertinent ordinance, statute, and regulation for return to its owner. Animals which are severely injured, sick or diseased with any infectious or contagious condition which may constitute a health hazard to other humans or animals shall be disposed of within a shorter period of time by euthanasia at the discretion of an animal control officer and/or a licensed veterinarian. The Humane Society agrees that the facility will not be overcrowded and will be kept m accordance with nationally accepted standards for quantity of animals housed. 17. Humane traps will be made available to the general public by the Humane Society to trap small animals in accordance with Humane Society policy. 18. The Humane Society Animal Control division shall investigate and process complaints of animal cruelty within the city and where cruelty is affirmatively determined, to have its animal control officer(s), as may be required, to attend the 3

80 trial of the cause and assist therein by providing the documentation of such cruelty to the prosecuting legal officer. 19. Complaints initiated by the Humane Society Animal Control division for animal ordinance violations shall be investigated by Humane Society Animal Control officers with criminal summons prepared (as affiant). Such complaints shall be prepared and filed within two business days following a determination of violation, with a courtesy copy provided to the City. 20. The Humane Society shall provide procedures for the humane euthanasia of sick, diseased, and unclaimed city animals according to state standards. The Humane Society shall provide for the disposal of all euthanized and dead-animal carcasses in accordance with ordinance, statute, and regulation. Should dead animal disposal costs become unreasonable in the future, the City agrees to meet with the Humane Society to develop a new cost-effective strategy for disposal and/or to provide additional funding to offset the higher costs. 21. The City shall cooperate with the Humane Society by providing information and assistance regarding animal related incidences to the extent permitted by law. 22. The Humane Society agrees that all Board of Directors meetings shall be properly noticed and open to the public. A copy of all Board meeting notices and agendas will be faxed to the City Manager's office ( ) or ed to citymanager@cityofhendersonky.org at least 24 hours in advance of the meeting. 23. The Humane Society agrees to submit a written report by July 31, 2015 outlining the accomplishments and services provided by the Humane Society during the previous contract year. In addition, the Humane Society shall prepare a monthly activity report highlighting activities of the animal control program during the previous month including but not limited to census information, animal control runs and pick ups and outcomes, as well as all other information related to the operation of animal control that the City may request. This report will be submitted no later than the 15th of the next month. Further, if requested, a representative from animal control will appear and report on activities of animal control at a City Commission meeting on a quarterly basis. 24. The Humane Society agrees that all programs, activities and services will be provided equally without regard to race, color, religion, national origin, age, sex, or disability. 25. The Humane Society agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, or disability. Such action shall include but not be limited to the following: employment, upgrading, demotion or termination; rate of pay and other forms of compensation; and selection for training. The Humane Society agrees to post in conspicuous places, available to employees and applicants for employment, notices summarizing the provisions of this equal opportunity clause. 4

81 26. The Humane Society shall cause an annual independent audit to be conducted with a copy to be presented to the city upon receipt. In addition, the City is authorized to audit or otherwise examine the books and records of Humane Society General Account to verify that said funds are being expended in accordance with the terms of this Agreement. The Humane Society will provide a monthly financial report which details the income and the expenditures of the animal control operations. The Humane Society shall maintain liability insurance in the amount of $1,000,000 and shall designate the City of Henderson as an additional insured on the policy. 27. The Humane Society agrees to comply with all applicable requirements under KRS 65A.010 et seq. 28. The parties reserve the right to cancel and terminate this Agreement at any time, with or without cause, with thirty (30) days written notice. In the event that either party exercises its option to terminate this Agreement, the Humane Society shall reimburse the City for all sums advanced in excess of those expended on a pro-rata basis. However, termination of this agreement shall not affect the original lease and contract dated March 1, 1967, between the parties, which shall remain in full force and effect. The termination notice shall be sent by registered mail to the respective contract administrator as follows: To the Humane Society: President 203 Drury Lane Henderson, KY To the City: City Manager P.O. Box 716 Henderson, KY In consideration of the foregoing, the City shall pay to the Humane Society a monthly payment of$9,166.67, the first ofwhich will be paid the first week of January The City of Henderson will continue paying $9, on a monthly basis until June 30, These payments may be terminated prior to the six (6) month term pursuant to the terms in paragraph 28 of this agreement. All payments will be held in abeyance if there is a vacancy in the executive director position lasting more than fifteen (15) days until such time as the position is satisfactorily filled on an interim or permanent basis. 30. The term of this Agreement shall commence January 1, 2016, and shall continue through June 30, 2016 unless terminated prior to this date pursuant to paragraph 28 of this Agreement. 31. It is specifically understood that this Agreement does not create a joint venture between the parties, nor do the parties have a principal/agency relationship, a master/servant or employer/employee relationship, nor any other type of legal relationship which may be construed to be such that the parties are involved in joint activities by virtue of this agreement. The Humane Society is solely responsible for all claims by third parties and agrees to hold the City free and harmless from any 5

82 claims for liability which may be made against it as a result of the activities of the Humane Society, including costs and attorney fees. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. APPROVED AS TO FORM AND LEGALITY: CITY OF HENDERSON, KENTUCKY DawnS. Kelsey, City Attorney Steve Austin, Mayor HUMANE SOCIETY OF HENDERSON COUNTY, INC. (Signature) (Typed or Printed Name and Title) 6

83 City Commission Memorandum December 3, 2015 TO: FROM: SUBJECT: Mayor Austin and the Board of Commissioners Russell Sights, City Manager:dJ Demolition and/or Acquisition of Former Railroad Depot The accompanying resolution declares the former L & N railroad depot property as surplus and authorizes the award of an Agreement for Transfer of Surplus City-Owned Real Property between the City and Michael L. Martin Realty XIV, LLC for the property known as the Former L & N Railroad Depot; and further authorizes the Mayor to execute all necessary documents relating to the project. In August 2015 the City advertised Request for Proposal number Demolition and/or Acquisition of Former Railroad Depot. Three Proposals were received, two for the demolition of the property and one for acquisition. The attached Interdepartmental Memorandum from Assistant City Manager William L. Newman, Jr. details the recommended proposal received from Architectural Renovators for acquisition and rehabilitation of the building. Mr. Newman and Mr. Martin will be present to answer any questions you may have regarding this proposal and Agreement. Your approval of the attached resolution is requested. c: Buzzy Newman Dawn Kelsey

84 Interdepartmental Memorandum December 1, 2015 TO: FROM: SUBJECT: Russell R. Sights, City Manager William L. Newman, Jr., Assistant City Manager Former Railroad Depot Pursuant to the review of the proposals received for the demolition of the former L&N Railroad Depot, it is recommended that the proposal received from Architectural Renovators be accepted per the terms of the agreement by both parties. The 2016 City budget allocated $80,000 for the demolition/rehabilitation of the structure. A Request for Proposals (RFP) was issued with three (3) responses received. Two were for demolition and the third was for the rehabilitation of the structure. The terms of the rehabilitation proposal request the City to agree to the following: City shall provide $80,000 toward the rehabilitation of the structure. City shall transfer title of the property to the proposer for One Dollar ($1.00). Proposer is allowed to keep the ornamental iron fence stored inside the Depot for re-use behind the structure to separate the building from the railroad tracks. City shall make the necessary repairs or replacement of the sidewalks and curbs along the Depot's property line. The contract agreement is attached for review as well as the RFP tabulation from the three proposers.

85 CITY OF HENDERSON, KENTUCKY 0 () -' <( REQUEST FOR PROPOSAL TABULATION SHEET z 1-0 z i= UJ REQUEST FOR PROPOSAL NO.: () () 2 -'-' z ~~ <C-'z 0 DATE BID OPENED: 08/28/ :::(1)- 0:::()~ (l)z :::> 0::: - 5-' - zo 1-0~ z-'~ 0(1) ()I--' UJ(/)_J APPROVAL DATE: Oo::: UJ<(- 1-UJ> XUJ 1->> -0(1) UJO :Co~ 25z ACCEPTANCE FORM SENT: NZ OZ<( 20:::<( <(UJ O:::UJ> :::>UJ> :c:c. <( 0::: UJ (1)(/)UJ Demolition of Former Railroad Depot $65, $199, Acquisition of Former Railroad Depot $80, Other Vendors Contacted: Opened & Recorded By: Reviewed By: Klenck Company; B & B Hauling & Excavating, Inc.; Double A Services, Inc.; LE2, LLC; National Salvage & Service,corporation; Complete Demolitions Services Paul Titzer Buzzy Newman Cindy Bickwermert H

86 RESOLUTION NO. RESOLUTION DECLARING THE FORMER RAILROAD DEPOT SURPLUS PROPERTY; ACCEPTING PROPOSAL OF ARCHITECTURAL RENOVATORS, LLC, OF EVANSVILLE, IN FOR REHABILITATION OF THE FORMER L&N RAILROAD DEPOT IN THE AMOUNT OF $80,000.00; AND ACCEPTING AGREEMENT BETWEEN THE CITY AND MICHAEL S. MARTIN REALTY XIV, LLC FOR TRANSFER OF SURPLUS CITY-OWNED REAL PROPERTY, AND AUTHORIZING MAYOR TO EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSFER OF PROPERTY WHEREAS, the City of Henderson received the former L&N Railroad Depot from the Genealogical Society, Inc. in June 2000 for the sum of $10.00 for the purpose of possible rehabilitation of the building; and WHEREAS, the City of Henderson has issued Request for Proposals for the demolition/rehabilitation of the former L&N Railroad Depot; and WHEREAS, three proposals were submitted to the City pursuant to said request with two being for demolition and one for rehabilitation of the structure; and WHEREAS, it is recommended the proposal received from Architectural Renovators, LLC, for rehabilitation of the structure be accepted per the terms of the Agreement For Transfer of Surplus City-Owned Real Property between the City and Michael S. Martin Realty XIV, LLC, (attached as Exhibit # 1) by both parties, which proposal and agreement the City Manager recommends be accepted. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, that the depot is declared surplus property, and the award is hereby made to Architectural Renovators LLC, P.O. Box 3908, Evansville, IN 47737, in strict accordance with its proposal15-20 for rehabilitation of the former L&N Railroad Depot in the amount of $80, BE IT FURTHER RESOLVED, that the Agreement For Transfer of Surplus City Owned Real Property, a copy of which is attached hereto, is approved; and the Mayor is hereby authorized and directed to execute said Agreement and all other necessary documents 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 Johnston: Commissioner Mills: ---- Commissioner Hite: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded.

87 Steve Austin, Mayor Date: ATTEST: Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _:2_ DAY OF DECEMBER, By: City Attorney

88 AGREEMENT FOR TRANSFER OF SURPLUS CITY-OWNED REAL PROPERTY THIS AGREEMENT is made and entered into by and between the CITY OF HENDERSON, KENTUCKY, a municipal corporation (hereinafter "CITY") and MICHAEL S. MARTIN REALTY XIV, LLC, a Kentucky limited liability company, with a mailing address of PO Box 3908, Evansville IN (hereinafter" MICHAELS. MARTIN REALTY XIV"), and upon the execution below by the parties on the day of December, 2015 (hereinafter "Effective Date"). WITNESSETH: WHEREAS, CITY is the owner of that certain real property known as former L& N Railroad depot, located in the City of Henderson, Henderson County, Kentucky, more particularly described From the South west corner of parcel No. 5 of the above mentioned former Lambert property, runs 58 30' E (magnetic) along the North line of Third Street (Old Plank Road), 1280 feet to the Southeast corner of a parcel of land conveyed by the former Ohio Valley Railroad Company to the Louisville, St. Louis and Texas Railway Company by deed dated November 26, 1988 (recorded in Deed Book 15, page 285); thence northwesterly along the East line of said Louisville, St. Louis and Texas Railway Company property, 332 feet to the Northeast corner thereof, being the Point of Beginning for the description of the premises to be herein conveyed; pendicular to the centerline of the westerly most track Goint 1 C L&N track) 60 feet, more or less, to a line that lies parallel with and 10 feet normally distant southwesterly from the center line of said westerly most tract: thence northwesterly along said parallel line, 200 feet; thence southwesterly at a right angle to the last described course, 180 feet, more or less, to the Northeast line of the aforesaid Louisville, St. Louis and Texas Railway Company property; thence S 58 30' E (magnetic) along the last said Northeast line, 240 feet, more or less, to said Point of Beginning. This deed is subject to the restrictions, covenants and easements on record as conveyed to John Danneheiser by Deed from the Illinois Central Gulf Railroad company, a Delaware Corporation, dated December 2, 1980, of record in Deed Book 324, page 688, Henderson County Court Clerk's Office. (hereinafter "the Depot") WHEREAS, the Board of Commissioners has previously found and determined that the Depot is surplus property, and that the public interest and necessity will be served by its transfer; and 1 EXHIBIT

89 WHEREAS, KRS authorizes the transfer of the Depot through a transfer for economic development purposes, WHEREAS, the CITY supports revitalization and development of the Gateway Zone District and the areas adjacent thereto, and the Depot is within the adjacent area of the Gateway Zone District, WHEREAS, the renovation and redevelopment of the Depot would support economic development, and the CITY desires to transfer the Depot to MICHAEL S. MARTIN REALTY XIV on the terms and conditions set forth below. NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. Property to be Conveyed. Subject to the provisions of this AGREEMENT, CITY agrees to transfer and convey to MICHAELS. MARTIN REALTY XIV by Special Warranty Deed, and MICHAELS. MARTIN REALTY XIV shall receive and take from CITY, all of CITY's right, title and interest in and to the Depot, and in and to appurtenances used or connected with the beneficial use or enjoyment of the Depot, licenses running in favor of the Depot or relating thereto, and air rights and other development rights, if any, relating or appurtenant to the Depot. Notwithstanding the generality of the foregoing, in conveying the Depot to MICHAEL S. MARTIN REALTY XIV, CITY shall reserve public utility easements ("Reserved Easements"), as they currently are located, in perpetuity on, under, through and over the Depot, all as is more particularly described and depicted in the attached Exhibit "A" and "B" indicating Railroad Easements that are on the property. 2. Terms of transfer. Along with transfer of the deed to MICHAEL S. MARTIN REALTY XIV, the CITY shall pay to MICHAELS. MARTIN REALTY XIV, to support the redevelopment ofthe Depot, the sum of EIGHTY THOUSAND DOLLARS ($80,000.00) to be paid as follows: A) The sum of THIRTEEN THOUSAND DOLLARS ($13,000.00) at commencement of work to mobilize equipment and begin acquiring materials; B) The sum of THIRTY-SEVEN THOUSAND DOLLARS ($37,000.00) after exterior masonry and interior stabilization is completed to specifications outlined in proposal and verified with inspection by the City manager or his designee; C) The sum oftwenty-five THOUSAND DOLLARS ($25,000.00) after main roof system, turret roof system, gutter system, roof eave and bracket restoration, and portico restoration are completed to specifications outlined in proposal and verified with inspection by the City manager of his designee; and 2

90 D) The sum of FIVE THOUSAND DOLLARS ($5,000.00) after fence re-installation is completed to specifications outlined in proposal attached hereto and marked as "Exhibit C". 3. Additional Fees and Charges. MICHAELS. MARTIN REALTY XIV shall be responsible for the full payment of all title insurance, recording fees, transfer taxes, and other fees and charges associated with this transaction. MICHAEL S. MARTIN REALTY XIV shall indemnify, defend and hold CITY harmless from and against, and CITY shall have no liability or responsibility for any such fees, costs, taxes, or expenses. 4. Delivery and Recording of Deed and Real Property Taxes. At closing, CITY shall deliver a Special Warranty Deed executed by CITY in favor of MICHAELS. MARTIN REALTY XIV. CITY and MICHAELS. MARTIN REALTY XIV shall deliver any such additional documents and instruments as may reasonably be required in order to close on this AGREEMENT. The closing agent will close this AGREEMENT and record the Special Warranty Deed on or before January 31,2016 (the "Closing Date"). Real property taxes and assessments, if any, shall be payable by MICHAEL S. MARTIN REALTY XIV for the period from and after the date of recordation of the Special Warranty Deed. There shall be no other prorations. 5. Closing Date This transaction shall close on or before January 31, Time is of the essence for this AGREEMENT. 6. MICHAEL S. MARTIN REALTY XIV's Sole Remedy for Failure to Convey. In the event that CITY's Special Warranty Deed shall, for any reason, be insufficient to convey fee title to the Depot on or before the Closing Date, MICHAELS. MARTIN REALTY XIV shall have the right to terminate this AGREEMENT and, MICHAEL S. MARTIN REALTY XIV shall have no other right of action against CITY and shall not be entitled to recover any damages from CITY, and all parties hereby shall return to status quo ante. MICHAEL S. MARTIN REALTY XIV's agreement to proceed to closing shall constitute MICHAEL S. MARTIN REALTY XIV's waiver of its right to terminate this AGREEMENT pursuant to this Section 6 or other right of action against CITY in regards to failure to convey fee title or other condition of title. If this AGREEMENT is terminated, then neither CITY nor MICHAEL S. MARTIN REALTY XIV shall have any further obligations thereunder. 7. Condition of Title. CITY's right, title and interest in and to the Depot shall be delivered by CITY hereunder subject to all exceptions, encumbrances, liens and restrictions of record and not of record, as of the Closing Date by quitclaim deed or special warranty deed. For the avoidance of doubt, it is agreed that MICHAEL S. MARTIN REALTY XIV shall rely solely upon a title opinion 3

91 performed by a title company of his choosing of which it is responsible for all costs, if any, for protection with respect to matters affecting title to the Depot, and that CITY shall have no obligations with respect to matters affecting title to the Depot. Title is to be taken in the name ofmichael S. MARTIN REALTY XIV, LLC, and the address shown in the deed is PO Box 3908, Evansville IN AS-IS Property Condition/MICHAEL S. MARTIN REALTY XIV's Due Diligence. MICHAELS. MARTIN REALTY XIV agrees that: i) it is purchasing the Depot "as is" and in reliance on MICHAEL S. MARTIN REALTY XIV's own investigation, which it has had the opportunity to conduct to its satisfaction prior to the Effective Date, which includes, but is not limited to, surface and subsurface conditions; ii) iii) no representations or warranties of any kind whatsoever, express or implied, have been made by CITY regarding the Depot or the legal or physical condition thereof ("Property Condition"), including without limitation any zoning regulations or other governmental requirements, the existence of "Hazardous Substances" (as defined in Exhibit "D") or other site conditions, or any other matters affecting the use, value or condition of the Depot; and it shall take the Depot in the condition that it is in at the Closing Date. To the extent that CITY has provided to MICHAEL S. MARTIN REALTY XIV information or reports regarding the Depot, CITY makes no representations or warranties with respect to the accuracy or completeness thereof. CITY hereby represents and warrants to MICHAELS. MARTIN REALTY XIV that the following representations and warranties shall be true and correct as of the Effective Date based on the "CITY's actual knowledge", as defined below: (a) No Conflict. CITY is not a party to any contract, agreement or commitment to sell, convey, assign, transfer, provide rights of first refusal or other similar rights or otherwise dispose of any portion or portions of the Depot. (b) No Encumbrance. Except for the Reserved Easements, CITY has not done anything whereby any encumbrance has been or will be created on or against the Depot or any part thereof or interest therein. As used herein, "CITY's actual knowledge" shall mean to the actual, present knowledge of CITY staff, without any duty to investigate or inquire, and there shall be no personal liability on the part of the aforementioned individuals arising out of any of the CITY's representations or 4

92 warranties. For purposes of this section, City Staff is limited to the City Manager and the Assistant City Manager. The parties represent and warrant that they have the legal power, right, and authority to enter into this AGREEMENT and the instruments referenced herein and no authority of any third party is required. These provisions shall survive the closing of the Depot which is the subject of this AGREEMENT. 9. Indemnification and Hold Harmless. From and after the closing, MICHAEL S. MARTIN REALTY XIV agrees to protect, defend, indemnify and hold harmless, CITY, its officers, employees, or agents, from and against all claims, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses of any kind whatsoever directly or indirectly arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan concerning any Hazardous Substance on, under or about the Depot, regardless of whether undertaken due to governmental action ("Hazardous Substance Claim"). The foregoing hold harmless and indemnification provision and following release provision shall apply to the fullest extent permitted by law, including where such Hazardous Substance Claim is the result of the act or omission of CITY, its officers, agents or employees. CITY and MICHAEL S. MARTIN REALTY XIV agree that for purposes of this AGREEMENT, the term "Hazardous Substance" shall have the definition set forth in EXHIBIT "D", which is attached to this AGREEMENT and incorporated by reference. MICHAELS. MARTIN REALTY XIV, for itself, its legal representatives and assigns, releases CITY, its officers, agents or employees from any and all Hazardous Substance Claims that it had, now has, or claims to have, or that any person claiming through them may have, or claim to have, arising out of any use of the Depot, or the Depot Condition. From and after the closing, the CITY agrees to protect, defend, indemnify and hold harmless, MICHAELS. MARTIN REALTY XIV, its officers, employees, or agents, from and against all claims, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses that arise or arose prior to the Closing, whether known or unknown by the CITY, its officers, employees, or agents of any kind whatsoever directly or indirectly arising from or attributable to the Depot. It is understood between the parties hereto that this "prior to closing" exception does not apply to claims regarding the cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan concerning any Hazardous Substance on, under or about the Depot, regardless of whether undertaken due to governmental action ("Non Hazardous Substance Claims Arising Prior to Closing"). The foregoing hold harmless and indemnification provision and following release provision shall apply to the fullest extent permitted by law, including where such Non-Hazardous Substance Claim Arising Prior to Closing is the result of the act or omission of CITY, its officers, agents or employees. 5

93 The CITY, for itself, its legal representatives and assigns, releases MICHAEL S. MARTIN REALTY XIV, its officers, agents or employees from any and all Non-Hazardous Substance Claims Arising Prior to Closing that it had, now has, or claims to have, or that any person claiming through them may have, or claim to have, arising out of the Depot, the use of the Depot or the Depot Condition. All provisions of this Section (9. Indemnification and Hold Harmless) shall survive the closing of the Depot which is the subject of this AGREEMENT and shall be binding on MICHAELS. MARTIN REALTY XIV, its successors and assigns, and the CITY. 10. General Release. MICHAELS. MARTIN REALTY XIV knowingly and voluntarily expressly releases the CITY, its officers, agents or employees from all Hazardous Substance Claims, unknown or unsuspected, arising out of any use of the Depot, or the Depot Condition. This provision shall survive the closing of the Depot which is the subject of this AGREEMENT. 11. Binding on Successors. This AGREEMENT inures to the benefit of and is binding on the parties, their respective heirs, personal representatives, successors and assigns. Notwithstanding the generality of the foregoing, this AGREEMENT shall not be assigned by MICHAELS. MARTIN REALTY XIV without the prior written approval of CITY. 12. Merger; Entire Agreement. This AGREEMENT supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between CITY and MICHAEL S. MARTIN REALTY XIV relating to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. The terms of this AGREEMENT shall not be modified or amended except by an instrument in writing executed by each of the parties hereto. 13. Notices. All notices to be given under this AGREEMENT shall be in writing and either: (a) Sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States Mail; (b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier; or 6

94 (c) By fax, , or similar means, if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by fax, or other similar means pnovided that a transmission report is generated reflecting the accurate transmission of the notices, as follows: To the City: City of Henderson Attn: Buzzy Newman 222 1st Street Henderson, KY bnewman@cityofhendersonky.org To MICHAELS. MARTIN REALTY XIV: MICHAELS. MARTIN REALTY XIV ATTN: MichaelS. Martin PO Box 3908 Evansville IN With copies to: James E. Gentry, Jr. The Gentry Law Office LLC 123 NW 4th Street, Suite 419 Evansville, IN j gentry@thegentrylawoffice.com These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt by the parties of the notice as provided herein. 14. Additional Considerations As part of the consideration for this AGREEMENT and the execution of the deed, CITY and MICHAEL S. MARTIN REALTY XIV do hereby agree as follows: MICHAEL S. MARTIN REALTY XIV is to begin construction of his approved plans within six (6) months of the closing of the subject property, and completed within thirty-six (36) months of said closing. The parties agree to define construction as site work (dirt work) completed and foundation being poured, and completion being defined as the issuance of certification of foundation and shell from the CITY codes department. Should construction not begin within the six (6) month time period, or not be completed within the thirty-six (36) month time period, as required by this clause as a result of waiting for necessary permitting or approval by a city/county/state or other governmental body, outside the control of MICHAEL S. MARTIN REALTY XIV, and MICHAEL S. MARTIN REALTY XIV applied for said approval within a reasonable time to expect said approval, the time to begin and/or be completed shall be extended the amount of time it takes to get said 7

95 approval. At the request of MICHAELS. MARTIN REALTY XIV, the CITY may award two (2), three (3) month extensions regarding this provision. These extensions are to be given in writing by the City Manager as circumstances dictate. to obtain foundation and shell inspection and approval by the required state or local government agency within thirty-six (36) months Should MICHAEL S. MARTIN REALTY XIV not complete the renovation and fail of closing, then, at the CITY's option, MICHAELS. MARTIN REALTY XIV shall transfer back the title of the Depot free from any liens for the amount of money that the CITY has paid MICHAELS. MARTIN REALTY XIV. NO OTHER CONSIDERATION FOR THE TRANSFER OF THE TITLE BACK TO THE CITY WILL BE REQUIRED REGARDLESS OF THE INVESTMENT THAT MICHAELS. MARTIN REALTY XIV SHALL HAVE MADE INTO THE DEPOT. a. All provisions of the Request for Proposal Number dated August 9, 2015, Addendum 1, August 14, 2015 and Addendum 2, August 17, 2015, and the agreements and promises made by MICHAELS. MARTIN REALTY XIV in the August 28,2015 Proposal and the attachments thereto, shall be incorporated be a part of this AGREEMENT as though they are fully recited herein. If any provisions of the bidding documents are in conflict with this AGREEMENT, this AGREEMENT shall control over the bidding invitation. b. MICHAELS. MARTIN REALTY XIV agrees to submit its Architect's rendering of the proposed structure for comment and approval of CITY prior to beginning construction. All subsections of this section shall survive the closing of the Depot which is the subject of this AGREEMENT. 15. Miscellaneous Contract Provisions a. Whenever the singular number is used in this AGREEMENT and when required by the context, the same shall include the plural and the masculine gender shall include the feminine and neuter genders. b. If there be more than one entity designated in or signatory to this AGREEMENT on behalf of MICHAEL S. MARTIN REALTY XIV, the obligations hereunder imposed upon MICHAEL S. MARTIN REALTY XIV shall be joint and several. c. Time is and shall be of the essence of each term and provision of this AGREEMENT. d. Each and every term, condition, covenant and provision of this AGREEMENT is and shall be deemed to be a material part of the consideration for CITY's entry into this AGREEMENT, and any breach hereof by MICHAEL S. MARTIN REALTY XIV shall be deemed to be a material breach. Each term and provision of this AGREEMENT performable by MICHAELS. MARTIN REALTY XIV shall be construed to be both a covenant and a condition. 8

96 e. This AGREEMENT shall be deemed to have been made in, and be construed in accordance with the laws of the Commonwealth of Kentucky. f. Neither party to this AGREEMENT shall require a dispute be submitted to arbitration, even if in accordance with the rules of the American Arbitration Association for commercial arbitration. Arbitration shall not be the means of settling any such dispute. Any party to this AGREEMENT may require the dispute be submitted to non-binding mediation with the exclusive location for said mediation to be located in Henderson, Kentucky, Owensboro, Kentucky or Evansville, Indiana. The parties to this AGREEMENT shall select a mediator by agreement and, if no agreement can be reached, each party shall select one mediator who will then, in tum, agree to a mediator. The costs associated with the mediation shall be divided equally amongst the parties, excluding expenses incurred by each party, such as each parties' attorney fees. Non-binding mediation shall not be the sole means to settling any such dispute. Once nonbinding mediation has been unsuccessful, any party shall be entitled to file suit in any court sitting in Henderson County, Commonwealth of Kentucky, that has general jurisdiction of the subject matter. g. The headings of the several paragraphs and sections of this AGREEMENT are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provisions of this AGREEMENT and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. h. In the event any covenant, condition or provision herein contained is held to be invalid by a court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided the invalidity of any such covenant, condition or provision does not materially prejudice either MICHAEL S. MARTIN REALTY XIV or CITY in its respective rights and obligations contained in the valid covenants, conditions and provisions of this AGREEMENT. i. All exhibits and addenda referred to herein, and any exhibits or schedules which may from time to time be referred to in any duly executed amendment hereto, are by such reference incorporated herein and shall be deemed a part of this AGREEMENT as if set forth fully herein. The exhibits to this AGREEMENT are as follows: Exhibit A Exhibit B Exhibit C Exhibit D- Railroad easement Railroad easement MICHAELS. MARTIN REALTY XIV's Proposal Hazardous Substances j. This AGREEMENT shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either party. 9

97 k. Days, unless otherwise specified, shall mean calendar days. 1. The Mayor is authorized to execute on behalf of the CITY deeds and all other documents as may be necessary to effectuate this AGREEMENT and the transfer of property rights herein. m. Each of the parties agrees that it will without further consideration execute and deliver such other documents and take such other action, whether prior or subsequent to the close of escrow, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this AGREEMENT. n. The CITY has agreed to provide a survey of the Depot to MICHAELS. MARTIN REALTY XIV on or before December 31, The City shall be responsible for the cost of the survey. MICHAELS. MARTIN REALTY XIV is not obligated to close on the Depot until said survey is received. WITNESS THE EXECUTION HEREOF on the day of, "CITY" CITY OF HENDERSON By: Steven Austin, Mayor MICHAELS. MARTIN REALTY XIV, LLC By: Michael Martin, Member "MICHAELS. MARTIN REALTY XIV" STATE OF KENTUCKY COUNTY OF HENDERSON... SCT. The foregoing AGREEMENT was acknowledged, subscribed and sworn to before me by Steven Austin, Mayor for the City of Henderson., on this the day of,2015. STATE OF KENTUCKY COUNTY OF HENDERSON... SCT. Notary Public, State at Large My commission expires: The foregoing AGREEMENT was acknowledged, subscribed and sworn to before me by Michael Martin, President ofmichael S. MARTIN REALTY XIV, LLC, on this the day of, Notary Public, State at Large My commission expires: 10

98 ', ' ' ' ' ' ' ' ' ' ' ' ' ' ' I ~ / /// ///7 //// I / / / / / / (f) w 0:: 3: _J < z C> Ui I I I I I 1 EXHIBIT ~~ n

99 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I ~ I & I I I I I I I I I I I I I I \ I \./ / \ I I \ I \ / \ / \ I I \ \ \. \ \ \ I \ / /(' / / \ I./ \ I./ \ \ \ \ \ \ \ \ \ \ \ \

100 ARCHITECTURAL RENOVATORS, LLC ADAM~Gf\EEN EXHIBIT "C"

101 Table of Contents Work Plan and Schedule Page 3 Floor Plan w/ Site Improvements Vision for Project Page 6 Floor Plan Configurations Exterior Rendering Proposal of Terms Page 9 Previous Projects and References Page 10 Previous Project: Marlocon Condominiums Previous Project: Old Greyhound Station Previous Project: Euclid Apartment House Letter from Stewart Sebree- Southwest Field Officer, Indiana Landmarks Letter from Jonathan Weinzapfel- Chancellor of Ivy Tech Community College, former Mayor of Evansville 2

102 Work Plan and Schedule It is our opinion that the Historic Henderson Train Depot can be, and should be, renovated to become not only code compliant, but also a landmark for the City of Henderson. The following items would be addressed in the stabilization and renovation of the building. 11 Fioor Plan w/ Site Improvements" illustrates the items to be completed. Mobilization of Equipment, Site Preparation & Debris Removal Deliver aerial and heavy equipment to site Remove and dispose of all debris from interior and basement area Safety precautions Install construction- warning signage Install temporary shoring on interior and exterior structurally compromised areas Install temporary fence to minimize risk to pedestrians and prevent trespassing Exterior Masonry Repair Remove, reuse and re-lay wall sections as called out in 11 Fioor Plan w/ Site Improvements" Spot tuckpoint remaining building as needed Main Roof System Remove existing roofing material in its entirety Replace all damaged framing and decking material Install 30# felt paper Installation of slate line shingles Replace 22 gauge sheet metal drip edge Turret Roof System Remove existing roofing material in its entirety Replace all damaged framing and decking material Install 30# felt paper Installation of slate line shingles Replace 22 gauge sheet metal drip edge 3

103 Gutter System Repair radiused gutter sections where possible Replace all remaining half round gutters as needed with new 6" half round paint grip Install new 4" downspouts where needed Interior Stabilization Temporarily stabilize partition walls where floor section has collapsed Frame and deck new floor system for future build out Roof Eave and Bracket restoration Replace damage or missing wood elements Remove all loose and peeling paint Prime and paint all surfaces Portico Restoration Remove roofing material down to wood deck Replace non-visible roofing system with EPDM fully adhered membrane Repair all sheet metal as needed Reinstall corbel brackets Prime and paint surfaces Fence Re-installation Blast, repair, prime, and paint existing fence panels Repair, prime and paint existing posts that are still in place Reinstall fence panels Schedule Work to begin the stabilization would start within 1 week of signing of contract. 4

104 INSTALL GUARDRAIL AT BASEMENT STAIR BRICK MASONRY WALL REPAIRS INSTALL IRON FENCE P01'9IT1AL EXT'BW)R PATIO / / I I I I I I c=- RESTORE EXISTING \ 7 ROOF EAVE & ~'. BRACKETS ABOVE ', \ / / --~ ',,_.. ~.. ~~~~~~~.. ~~~~~~~~F=~~~~~--~~~~.. ~.-~~~~~... ~=-==~ I I OFRCE II I I 1===-== =1 I LUNCH 11 II I BAGGAGE :=:==o : ROOM il jl ROOM LADIES WAITING ROOM REMOVE WAllS~ - - 4EPAIR FLOOR STRUCTURE\ GENERAL WAmNG ROOM SECONDARY WAmNG ROOM ~..c..._--l rf =- Jl 'll REMOVE II ~ II WALLS ~~~~:3--~E3~~---,... ===o : II II II u J I I I I J I I I I I I I RESTORE EXISTING ROOF EAVE & BRACKETS ABOVE POTENT1AL PARKING MEA EXISTING SHIPPING omce NEW ACCESSIBLE RAMP BRICK MASONRY WALL REPAIRS RESTORE EXISTING PORTICO---'. NEW PUBLIC SIDEWAILK FOURTH ITREE T FLOOR PLAN W / 1/16" = 1'-0" SITE IMPROVEMENTS ARCHITECTURAL RENOVATORS, LLC ADAM5GRCCN

105 Vision for the Project Once stabilization is complete and the exterior has been restored, the Historic Henderson Train Depot will be ready to present to possible tenants. At first consideration, the building and site seem well suited for a restaurant or event space. 11 Fioor Plan Configurations" shows potential division of space for one, two or three tenants. Architectural Renovators will not complete the interior build out including new windows until a tenant is secured in order to avoid duplication of work. Various comments on social media and other media outlets indicate public interest in a restaurant, bar, or event space. Other suggestions include a domestic arts school, a bed and breakfast, or a day spa. Page 8 is a rendering of the renovated building exterior. 6

106 / REST ROOMS / / ' ~ ' ' ' ' '.. I ' ' I I I 0 u~ ~J o I I I / ' / I ' ~.:::::: RESTROOMS ' ' ' ', R ' lwo-tenant OUIDOOR SEAiiNG I ' I ' ~ c:.;::::: DINING I RESTROOMS I DINING I KITCHEN /.~ SINGLE TENANT- RESTAURANT FLOOR PLAN CONFIGURATIONS IR"\. --~~~~~~N~O=T~T~O~SO~A~L~E~~~~ ~ 7

107 ARCHITECTURAL RENOVATORS, LLC ADAM5GREEN

108 Proposal of Terms Architectural Renovators is offering this proposal in response to RFP Number released by the City of Henderson on August 9, We acknowledge receipt of Addendum 1, August 14, 2015, and Addendum 2, August 17, In preparation of this proposal, Architectural Renovators has consulted with an insurance professional and a representative of CSX to understand the safety and insurance needs of the renovation project. Once the agreement is signed and the property is transferred, Architectural Renovators will secure the proper coverage. Architectural Renovators LLC is proposing the save the building from demolition, stabilize it, restore the exterior, and facilitate an adaptive reuse. To help with the significant renovation costs, we respectfully request the following from the City of Henderson: Acquisition of the property, free and clear title A grant of the $80, that the city has budgeted for demolition A partial survey to locate the property boundaries New public sidewalks and curbs at property Possession of items and materials that were previously part of the building or used on site (i.e., the finial, iron fencing, floor tile, carts, etc.) Once agreement is signed and the property is transferred, Architectural Renovators will obtain the proper state and local permits for the project. 9

109 Previous Projects & References Marlocon Condominiums Project Completion Date: July 2008 The Marlocon is a four story building located at 323 Main Street in Evansville, Indiana. It is most widely known as the former location of Baynam's Shoe Store. Extensive renovations improved the exterior and added elements such as the grotto area on the lower level. The interior was transformed into ultra modern condominiums and commercial spaces. The building continues as a fixture of Main Street offering spaces that are unique to the area. "BEFORE" FACADE OF MARLOCON 10

110 VIEW OF EXTENSIVE ROOF DAMAGE WORKING TO STABILIZE THE BUILDING 11

111 INTERIOR BEFORE CONSTRUCTION SHOWING INFAMOUS MONKEY CAGE FROM BAYNAM'S SHOE STORE INTERIOR BEFORE CONSTRUCTION SHOWING EXTENSIVE WATER AND MOLD DAMAGE 12

112 INTERIOR OF ONE OFTHE MARLOCON CONDOMINIUMS 13

113 VIEW LOOKING INTO MARLOCON PENTHOUSE "AFTER" FRONT ELEVATION OF MARLOCON 14

114 GROTTO AREA OF MARLOCON. PREVIOUSLY THE HOME OF BABEL BAR & LOUNGE. PHOTO FROM: INTERIOR OF BABEL BAR & LOUNGE. PHOTOS FROM: APP _

115 Greyhound Bus Station Project Completion Dote: July 2015 The old Evansville Greyhound Station had sat vacant for many years after Greyhound relocated to its current location on NW 6th Street. It is a striking building with its Art Moderne style, metal panel cladding and large steel windows. During its exterior restoration, the roof was replaced, the metal panels were mapped, removed, repaired & refinished, and reinstalled, the masonry was repaired and sealed, the steel canopy was restored, and the windows were restored. Indiana landmarks is the current owner of the property and is exploring opportunities for it to be utilized as a restaurant. "BEFORE" OF OLD GREYHOUND BUS STATION 16

116 "BEFORE" VIEW OF PANELS AND WINDOWS "BEFORE" VIEW SHOWING MISSING AND DAMAGED PANELS 17

117 "AFTER" VIEW OF OLD GREYHOUND STATION 18

118 "AFTER" VIEW OF OLD GREYHOUND STATION 19

119 "AFTER" VIEW OF OLD GREYHOUND STATION 20

120 INDIANA LANDMARKS EVENT TO RE-LIGHT THE NEON SIGNS 21

121 Euclid Apartment House Project Completion Date: July 2013 The Euclid Apartment House is a three story apartment building located at 415 SE Third Street in Evansville, Indiana. The historic nature of the building's exterior was restored and remains in tact while the interior was fully renovated. The building now houses {6) one bedroom apartments with modern amenities such as granite countertops, stainless steel appliances, front load washer and dryers, walk-in closets, and one and half baths. The Euclid Apartment House was fully rented within one month of completion. VIEW OF FIRST FLOOR OF EUCLID DURING DEMOLITION 22

122 \,,\ \ \ EXTERIOR OF EUCLID PRIOR TO CONSTRUCTION 23

123 EUCLID AFTER COMPLETION INTERIOR VIEW OF EUCLID AFTER CONSTRUCTION WAS COMPLETE 24

124 CURRENT INTERIOR VIEW OF EUCLID CURRENT INTERIOR VIEW OF EUCLID 25