Board of Commissioners Meeting Tuesday, March 27, 2018

City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, March 27, 2018

Municipal Center Third Floor Assembly Room 222 First Street 5:30 P.M. AGENDA

1. Invocation: Brother David Salisbury, Henderson Church of Christ

2. Roll Call:

3. Recognition of Visitors:

4. Appearance of Citizens:

5. Proclamations: "Fair Housing Month" "National Community Development Week"

6. Presentations: George Warren, Audubon Area Homebuilders Chris Heimgartner, HMPL

7. Public Hearings:

8. Consent Agenda:

Minutes: March 13, 2018 Regular Meeting March 20, 2018 Special Called Meeting March 20, 2018 Called Work Session

9. Ordinances & Resolutions:

Second Readings: Ordinance Amending Code of Ordinances Chapter 20, Streets, Sidewalks, and Other Public Places

First Readings:

Resolutions: Resolution Authorizing Extension of Sewer Service Outside City Limits - 438 Old Corydon Rd

Resolution Accepting Interlocal Cooperation Agreement for the Establishment of a Joint Henderson County and City of Henderson Tourist Commission

Please mute or turn off all cell phones for the duration of this meeting. 10. Municipal Orders: Municipal Order Authorizing Donation of Surplus Property to Housing Authority of Henderson- I 021 Clay Street

11. Bids & Contracts: Municipal Order Authorizing the Award of Bid for Mowing of City Cemeteries to Knight's Landscaping

12. Unfinished Business:

13. City Manager's Report:

14. Commissioners' Reports:

15. Appointments:

16. Executive Session:

17. Miscellaneous: Review and Discussion of a Beekeeping Ordinance

18. Adjournment

Please mute or turn off all cell phones for the duration of this meeting. City Commission Memorandum 18-64

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Proclamations

Two proclamations will be presented at the March 27, 2018 meeting:

• Designating the month of April as "Fair Housing Month" • Designating the week of April 2 - April 6 as "National Community Development Week"

A representative from the Henderson-Henderson County Human Rights Commission will be in attendance to receive the "Fair Housing Month" proclamation.

Ms. Tammy Willett, Community Development Specialist, will be in attendance to receive the "National Community Development Week" proclamation.

c: Jeff Gregory Tammy Willett CITY OF HENDERSON

"FAIR HOUSING MONTH"

4trtctll the strength of our nation, and all of its states, flows from the

'~--,.,..,,,.,;1 promise of individual equality and freedom of choice; and

Whereas April 11, 2018 marks the 50th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy ofFair Housing without regard to race, color, religion, national origin, sex, familial status, and disability, and encourages fair housing opportunities for all citizens; and

Whereas the Community Development Department and Human Relations Commission are committed to highlight the Fair Housing Law, Title VIII of the Civil rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities and to plan partnership efforts with other organizations to help assure every American of their right to fair housing; and

Whereas fair housing is the policy of the City of Henderson.

NOW, THEREFORE, I, Steve Austin, by virtue of the authority vested in me as Mayor of the City of Henderson, do hereby proclaim the month of April 2018 as "Fair Housing Month" in Henderson, Kentucky, and urge all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all.

IN WITNESS WHEREOF, I have hereunto caused these letters to be spread upon this page and caused the seal of the CityofHenderson to be affixed this 27th day of March 2018.

Steve Austin, Mayor GITY OF HENDERSON

"National Community Development Week"

fytrtl:tS The U.S. Department of Housing and Urban Development, along with others, recognize the Community Development Block Grant program as a vital resource to help cities, counties, and states meet their uniqu(: community development, affordable housing, and economic development needs, and

berea!l the week of April 2-6, 2018, has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program; and

beremi the Community Development Block Grant program provides annual funding and flexibility to local communities to provide decent, safe and affordable housing, a suitable living environment, and expanding economic opportunities, principally for persons of low-and moderate-income and the HOME Program provides funding to local communities to create decent, safe, and affordable housing for low-income persons; and

bereall the City of Henderson receives a direct allocation from the Community Development Block Grant program annually to provide resources for a wide variety of community development activities that principally benefit low-and moderate-income persons, including the elderly and children. Projects include but not limited new construction, World Changers Exterior Blitz, Father Bradley Shelter for Women and Children, Gathering Place parking, John F. Kennedy public infrastructure improvements, sidewalks with most recent on Sand Lane; and

over the past twenty-seven years, our community has received a total $7,758,721 in CDBG funds and over the last ten years our community has received $348,000 in HOME funds;

berea!l in our community and in communities throughout the nation, 44 years of Community Development Block Grant program funding has developed a strong network of relationships among local governments, residents, businesses, and non-profit organizations; and

bereall this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant program by supporting increased funding for the program in FY 2019.

NOW, THEREFORE, I, Steve Austin, by virtue of the power vested in me as Mayor of the City of Henderson, do hereby proclaim the week of April 2 through April 6 as "Community Development Block Grant Week" in support of these two valuable programs that have made a tremendous contribution to the viability of the housing stock, infrastructure, public services, and economic vitality of our community.

BE IT FURTHER RESOLVED, that our community opposes any attempts to eliminate the programs and urges Congress to recognize the outstanding work being done locally and nationally by CDBG and HOME by supporting no less than $3.3 billion for CDBG in FY 2018 and no less than $1.2 billion for HOME in FY 2019.

IN WITNESS WHEREOF, I have hereunto spread these letters upon this page and caused the seal of the City of Henderson to be affixed this 27th day of March 2018.

Steve Austin, Mayor City Commission Memorandum 18-63

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners FROM: Russell R. Sights, City Manager 121 SUBJECT: Presentations

Two items are scheduled under the Presentations section of the agenda for Tuesday, March 27, 2018.

Mr. George Warren, Audubon Area Homebuilders Association, will give a presentation on homebuilding opportunities.

Mr. Chris Heimgartner, General Manager of Henderson Municipal Power and Light, will give a presentation on the fuel cost adjustment that is listed on citizens' bills. City Commission Memorandum 18-65

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager /J

SUBJECT: Consent Agenda

The Consent Agenda for the meeting of March 27, 2018, contains the following:

Minutes: March 13, 2018 Regular Meeting March 20, 2018 Special Called Meeting March 20, 2018 Called Work Session 46 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 13, 2018, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky.

INVOCATION was given by Dr. Tim Hobbs, Community Baptist Church, followed Scout Jacob Happoldt and Scout James Murphy leading the assemblage in recitation of the Pledge of Allegiance to our American Flag.

There were present Mayor Steve Austin presiding:

PRESENT: Commissioner Patti Bugg (Arrived at approximately 6:00 p.m.) Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels

ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Brian Williams, Public Works Director Mr. Jermaine Poynter, Police Major Mr. Owen Reeves, Gas System Director Mr. Ray Nix, Code Administrator Mr. Dylan Ward, Public Works Engineer Ms. Tammy Willett-Speaks, Community Development Specialist Mrs. Jennifer Latimer, Executive Assistant Mr. James Murphy, Scout Mr. Jacob Happoldt, Scout Ms. Tori Green, Greater Norris Chapel Baptist Church Ms. Chardae Chambers, Greater Norris Chapel Baptist Church Ms. Tammy Sutton, AKZ Mr. Rob Carroll, South Heights Elementary Principal Ms. Grace Henderson Ms. Robin Palmer Ms. Tammy Martin Ms. Yvonne Duncan Mrs. Brandi Myers Mr. Steve Myers Ms. Ladonna Parrish Mr. Brian Glick Ms. Esther Thomas Dr. Tim Hobbs, Community Baptist Church Mr. Doug White, the Gleaner 44 News Eyewitness News Mr. Mike Richardson, Police Reserve Officer

PRESENTATION: Halloween Extravaganza Awarded Kentucky Parks and Recreation Society "2017 Program of the Year"

TRACE STEVENS, Parks, Recreation and Cemeteries Director, reported that the October 2017 Halloween Extravaganza won the "2017 Program of the Year" award from the Kentucky Parks and Recreation Society. This event was in collaboration with an event that five 47 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

local churches, Greater Norris Chapel Baptist Church, First Missionary Baptist Church, Seventh Street Baptist Church, New Jerusalem Baptist Church and Race Creek Baptist Church had conducted the previous three years, the Audubon Kids Zone, South Heights Elementary school and the Henderson Parks and Recreation department. The trick or treat trail began at Audubon Kids Zone and proceeded to the John F. Kennedy Center passing over 60 different local groups, businesses, organizations and homeowners handing out treats along the route. City Police, Fire and Public Works departments provided support the day of the event.

Ms. Tori Green and Ms. Charlene Chambers of Greater Norris Chapel Baptist Church, Ms. Tammy Sutton, Audubon Kids Zone, and Mr. Rob Carroll, South Heights Elementary School all spoke about the impact that the event had on the neighborhood and how great it was to serve close to 1,500 kids and their families through this special collaborative event.

APPEARANCE OF CITIZENS:

GRACE HENDERSON, Henderson, Kentucky, and several local citizens described the pain from their illnesses and the various sometimes debilitating side effects caused by the many medications prescribed to them over the years. Robin Palmer, Tammy Martin, Yvonne Duncan, Brandi Meyers, Brian Glick, Ester Thomas, Steve Meyers and Ladonna Parrish all spoke in support of the legalization of the use of medical cannabis under strict guidelines in the state of Kentucky and requested that the Board show their support by adopting a resolution of support for HB166.

DISCUSSION WAS HELD relating to the how a doctor's certification would be required and the licensing of dispensaries, which is where certain strains of the cannabis plant are dispensed by knowledgeable workers depending on what symptom relief is recommended for the patient; that there are several ways to use the product-smoke, vaping, oils, pills/capsules, food products; 29 other states and the District of Columbia have passed legislation legalizing medical cannabis; in those states, opioid overdose deaths decreased by approximately 25% and teen use of marijuana decreased; that prescriptions cannot legally be written because in 1971 the Federal Drug Administration classified cannabis as a Schedule 1 Drug which means that it has no medicinal qualities and is highly addictive, both have since been proven incorrect in study after study; that as a federally designated Schedule 1 substance it cannot be taken across state lines; Industrial Hemp derived CBD Oil is legal in Kentucky and does provide some medical benefits, however CBD works better when combined with low dose THC; it is not possible to overdose on medical cannabis; no death has ever been attributed to medical cannabis; concerns of employees testing positive for marijuana and losing their jobs; that even the doctor of one young patient had to admit that the inflammation markers were reduced in only one month using cannabis with no prescription drugs; that even though there might be potential for abuse the testimony and results described outweigh that issue; that this is not about getting high, but about relief of painful debilitating symptoms of the disease as well as the pharmaceuticals given to combat them; and that the Kentucky League of Cities opposes HB166 for reasons relating to Home Rule/local government controls.

RESOLUTION NO. 13-18: RESOLUTION SUPPORTING MEDICAL CANNABIS LEGALIZATION IN KENTUCKY

MOTION by Commissioner Vowels, seconded by Commissioner Staton, approving the resolution of support of legalization of medical cannabis in Kentucky.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: 48 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor AITEST: March 13, 2018 Maree Collins, City Clerk

PROCLAMATION: "Natural Gas Utility Workers' Day"

MAYOR AUSTIN asked the Clerk to read the proclamation recognizing March 1gth as "Natural Gas Utility Workers' Day."

OWEN REEVES, Gas System Director, accepted the proclamation and thanked our gas customers stating that 'without them we are nothing.' He indicated that we serve almost 10,000 customers and are one of the largest volume municipals in the state as well as the nation. He recognized the men and women of his department for the work they do in all types of adverse weather and reported particular pride in achieving their number one goal of no lost-time accidents for the 2017 calendar year. ______

APPROVAL OF CONSENT AGENDA:

MAYOR AUSTIN asked the City Clerk to read the Consent Agenda.

Minutes: February 27, 2018, Regular Meeting

MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the consent agenda items approved. Isl Steve Austin Steve Austin, Mayor AITEST: March 13, 2018 Maree Collins, City Clerk

ORDINANCE NO. 07-18 SECOND READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 FOR THE CITY OF HENDERSON, KENTUCKY

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: 49 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

Commissioner Vowels ----- 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. Isl Steve Austin Steve Austin, Mayor ATTEST: March 13, 2018 Maree Collins, City Clerk

ORDINANCE NO. 08-18: FIRST READ ORDINANCE AMENDING CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AN ORDINANCE AMENDING ARTICLE I, IN GENERAL, SECTION 20-5, PETITION TO BOARD OF COMMISSIONERS FOR GREATER THAN ORDINARY USE OF STREETS OR SIDEWALKS; SECTION 20-7 BOOTHS, CONCESSIONS, CARNIVALS FOR THE SALE OF MERCHANDISE ON STREETS; AND BY REPEALING SUB-SECTION (G) OF SECTION 20-8, HOUSE NUMBERING PLAN OF CHAPTER 20, STREETS SIDEWALKS AND OTHER PUBLIC PLACES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted.

DAWN KELSEY, City Attorney, indicated that this originated from the ordinance review process and that the recommendation regarding the placement of plants on right-of-ways would be further reviewed under Ordinance Review later in the agenda.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- 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.

RESOLUTION NO. 12-18: RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR LINDSEY EMBRY AND DAVID AND JULIA "CHRISTY" OSBORN FOR PROPERTY LOCATED AT 212 NORTH WATER STREET, HENDERSON KENTUCKY

MOTION by Commissioner Staton, seconded by Commissioner Vowels, approving the resolution granting a property reassessment moratorium for property located at 212 North Water Street, owned by Lindsey Embry and David and Christy Osborn.

RUSSELL R. SIGHTS, City Manager, indicated that KRS99.600 provides for a property tax moratorium and that our ordinances allow for up to five full years that the increase in value will not be taxed by the City.

DAWN KELSEY, City Attorney, explained that this only freezes the city property assessment and does not affect the city net profits tax or pay roll tax, or county property assessment or school tax assessment. 50 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

MUNICIPAL ORDER NO. 12-18: MUNICIPAL ORDER AUTHORIZING AWARD OF CONTRACT FOR AUDITING SERVICES TO ATA [ALEXANDER THOMPSON ARNOLD, PLLC (FORMERLY MYRIAD CPA GROUP)] OF HENDERSON, KENTUCKY, FOR FISCAL YEARS ENDING JUNE 30, 2018, JUNE 30, 2019 AND JUNE 30, 2020

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to authorize award ofa contract for auditing services to ATA (Alexander Thompson Arnold) PLLC (formerly Myriad CPA Group), Henderson, Kentucky, for fiscal years ending June 30, 2018, 2019, and 2020 in the amount of standard hourly rates plus out-of-pocket costs not to exceed $37,500.00 per year.

RUSSELL R. SIGHTS, City Manager, reported that Myriad CPA Group had merged with Alexander Thompson Arnold and that the Audit Committee is recommending the three-year contract at the rate of not more than $37,500.00 per year (which is the same rate as the current three-year contract). He further reported that A TA has a wide variety of municipal experience in other states and that he and the Audit Committee viewed this as a plus for the city.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: March 13, 2018 Maree Collins, City Clerk

MUNICIPAL ORDER NO. 13-18: MUNICIPAL ORDER AWARDING BIDS FOR RECONSTRUCTION OF DILAPIDATED HOME LOCATED AT 513 S. INGRAM STREET TO L.N.G. BUILDERS, HENDERSON, KENTUCKY, IN THE AMOUNT OF $98,900.00; AND FOR RECONSTRUCTION OF A DILAPIDATED HOME LOCATED AT 39 MEADOW STREET TO ADAMS CONSTRUCTION, KENTUCKY, KENTUCKY IN THE AMOUNT OF $99,950.00

TAMMY WILLETT-SPEAKS, Community Development Specialist, reported that this is the culmination of a year long process. She and the applicants have worked through the process 51 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

to finally meeting all requirements to get started on replacing these homes. She indicated that a combination of HOME Investment Partnership Program and Community Development Block Grant funds would be utilized to finance demolition and reconstruction on these two homes for these very deserving families. She reported that a ribbon cutting ceremony would be scheduled once the projects are completed.

MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to award the bids of Contracts to L.N.G. Builders, Henderson, Kentucky, and Adams Construction, Henderson, Kentucky, for reconstruction of dilapidated homes located at 513 S. Ingram and 39 Meadow Streets in the amounts of $98,900.00 and 99,500.00 respectively, in strict accordance with bids as submitted pursuant to Bid Reference 18-03.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Mayor Austin ------Aye:

MUNICIPAL ORDER NO. 14-18: MUNICIPAL ORDER AWARD ING BID FOR PURCHASE OF CEMENT CONCRETE TO MEUTH CONSTRUCTION SUPPLY, INC. OF HENDERSON, KENTUCKY, IN THE TOTAL AMOUNT OF $189,140.00 AS THE PRIMARY SUPPLIER, AND IRVING MATERIALS, INC. OF HENDERSON, KENTUCKY, AS AN ALTERNATIVE SUPPLIER

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to award the bid for the purchase cement concrete to Meuth Construction Supply, Inc. of Henderson, Kentucky, as the primary supplier, and Irving Materials, Inc., Henderson, Kentucky, as an alternative supplier when Meuth Construction Supply, Inc. is unable to fill a City order within the required timeframe as outlined in the bid documents, in strict accordance with bids as submitted pursuant to Bid Reference 18-17.

RUSSELL R. SIGHTS, City Manager, indicated that this was a very competitive bid response.

DYLAN WARD, Public Works Engineer, explained that this was an annual contract to provide cement concrete product in varying grades for various projects for all City departments throughout the year. The bid used estimated quantities to set unit prices for what will actually be used. The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. 52 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

Isl Steve Austin Steve Austin, Mayor ATTEST: March 13, 2018 Maree Collins, City Clerk

MUNICIPAL ORDER NO. 15-18: MUNICIPAL ORDER AWARD ING BIDS FOR PURCHASE OF LIMESTONE ROCK AND SAND, GROUP A TO MULZER CRUSHED STONE, INC., TELL CITY, INDIANA; AND RECYCLED CONCRETE, GROUP B TO HAZEX CONSTRUCTION COMPANY, HENDERSON,KENTUCKY

MOTION by Commissioner Staton, seconded by Commissioner Vowels, to award the bid for the purchase of Group A-various aggregate limestone rock and fill and mortar sand, to Mulzer Crushed Stone, Inc., Tell City, Indiana, in strict accordance with bid as submitted pursuant to Bid Reference 18-16; and Group B-recycled concrete, to Hazex Construction Company, Henderson, Kentucky, in strict accordance to negotiated price submitted pursuant to Bid Reference 18-16.

DYLAN WARD, Public Works Engineer, explained that this bid is split into two groups, Group A, various aggregate limestone rock used for sidewalks and road service cuts, and fill and mortar sand, and Group B, recycled concrete. Specifications require that each vendor bid on each item within a group or the bid would be considered non-responsive. No bids were received on Group B by the deadline; however, Hazex did contact the City apologizing for not submitting the bid on time and as no responsive bids were received, Model Procurement allows that a price can be negotiated. Mr. Ward is recommending that the price submitted by Hazex for recycled concrete be accepted.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

MUNICIPAL ORDER NO. 16-18: MUNICIPAL ORDER A WARDING BID FOR MOWING OF CITY PROPERTIES TO INTEGRITY PROPERTY MANAGEMENT OF HENDERSON, KENTUCKY, FOR GROUP A PROPERTIES

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to award the bid for mowing services of City properties Group A-various parks, recreation fields and municipal buildings, to Integrity Property Management, Henderson, Kentucky, in strict accordance with bid as submitted pursuant to Bid Reference 18-14.

RUSSELL R. SIGHTS, City Manager, reported that this is a new vendor and Mr. Stevens is available to answer any questions.

TRACE STEVENS, Parks, Recreation and Cemeteries Director, indicated that Group A mowing includes larger parks such as Sunset and Atkinson. 53 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Mayor Austin ------Aye:

MUNICIPAL ORDER NO. 17-18: MUNICIPAL ORDER A WARDING BID FOR MOWING OF CITY PROPERTIES TO PIERSON SOUTHERN TURF LAWN CARE OF HENDERSON, KENTUCKY, FOR GROUP B PROPERTIES

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to award the bid for mowing services of City properties Group B-various right-of-way, municipal buildings and City owned properties, to Pierson Southern Turf Lawn Care, Henderson, Kentucky, in strict accordance with bid as submitted pursuant to Bid Reference 18-15.

TRACE STEVENS, Parks, Recreation and Cemeteries Director, indicated that Group B mowing includes right-of-ways, retention ponds, smaller areas and vacant lots.

COMMISSIONERS PRUITT and STATON expressed pleasure in being able to award both of the mowing Contracts to local Henderson companies.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

MUNICIPAL ORDER NO. 18-18: MUNICIPAL ORDER AUTHORIZING PURCHASE OF AVAYA IP OFFICE SERVER EDITION VOIP PHONE SYSTEM AND INSTALLATION SERVICES FROM INTEGRATION PARTNERS, LEXINGTON, KENTUCKY, FOR THE PUBLIC SAFETY BUILDING (FORMERLY KNOWN AS THE PEABODY BUILDING) AT THE STATE PRICE CONTRACT IN THE AMOUNT OF $21,987.87

MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to authorize the purchase of an Avaya IP Office Server Edition VoIP Phone System and installation services for the Public Safety Building from Integration Partners, Lexington, Kentucky, at the State Contract Price of$21,987.87. 54 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

RUSSELL R. SIGHTS, City Manager, reported that $26,750.00 was budgeted for the replacement of the telephone system in the Public Safety Building, which includes all offices not related to the 9-1-1 system. The price for the system with installation under state price contract came in well under the budgeted amount.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: March 13, 2018 Maree Collins, City Clerk

MUNICIPAL ORDER NO. 19-18: MUNICIPAL ORDER AUTHORIZING AWARD OF BID FOR BODY-CAMERA/IN CAR VIDEO CAMERAS FOR THE POLICE DEPARTMENT TO UTILITY ASSOCIATES, INC. OF DECATUR, GEORGIA, IN THE AMOUNT OF $429,000.00 TOTAL FIVE (5) YEAR COST

MOTION by Commissioner Staton, seconded by Commissioner Bugg, to award the bid for the purchase of 50 body-worn cameras and 40 in-car video cameras for the Police department to Utility Associates, Inc. of Decatur, Georgia, in the amount of $85,800.00 per year for five years totaling $429,000.00, in strict accordance with bid as submitted pursuant to Bid Reference 18-04.

JERMAINE POYNTER, Police Major, reported that this is one of the premier systems that was tested by the Committee and it is recommended for all of the advanced out-of-the-box features including gun-shot detection. He indicated that this system will drastically increase transparency while increasing officer safety.

DISCUSSION WAS HELD regarding other equipment that was comparable; that while this may cost more now, it will pay off in the long run and has much easier software to use; that Evansville PD is in the process of changing to this system from what they already have; that this system will need the least additional manpower to maintain the system as well as to comply with open records requests; that policy and training for the use of the cameras will be based on other communities policy and procedures; that open records compliance will be an ongoing concern with updates to the policy as necessary based on revisions to state requirements; the possibility of utilizing the gun-shot detection software in conjunction with the school system and their video surveillance equipment will be researched for quicker response; this is a five year lease that can be terminated at any time by returning the equipment for no additional costs- if the system doesn't do what it is supposed to or newer, better equipment/software becomes available the current equipment can be returned or upgraded; and this is a great day for the City of Henderson because we are being proactive and not reactive on this issue.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye: 55 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapter 20, Articles II and III

DAWN KELSEY, City Attorney, indicated that as a follow up from the last review, the state has been contacted regarding the tree near Powell and Green Streets and they have agreed to look at it. She then gave a brief review of Chapter 20, Streets, Sidewalks, and Other Public Places, Article II, Excavations: Section 20-24, Approval required-requires a permit and states that Permit application fees and inspection fees may be charged as established by the board of commissioners, however no fees have been set for Permits or Inspections (Board not interested in setting fees); Article III, Trees, Section 20-40, Public tree care, relating to planting trees within the right-of-way of any city street or city property with written permission of the city manager-this is in conflict with other sections and current policy; Section 20-41, Pruning and clearance-amend to require property owners to prune any limbs under eight (8) foot that overhang street, right-of-way, sidewalks or easement and this violation would be heard by the Code Enforcement Board; Section 20-42, Unlawful to cut-remove right-of-way from the list of places that it is unlawful to cut, top, prune, trim or remove any tree; and Section 20-43, Dead or diseased-replace the city shall have the right to identify any dead or diseased trees on public property within the city with current policy-the City shall have the right to identify and remove any dead limbs and or trees in the city right-of-way that pose a hazard or safety issue to life or property.

DISCUSSION WAS HELD regarding policy of only removing dead portions of trees; misconception that the City will remove live trees on right-of-way upon request; sidewalk clearance requirements; and that the ordinance relating to beekeeping is still under review and should be ready for the next meeting.

CITY MANAGER'S REPORT:

CONNIE GALLOWAY, Human Resources Director, reported that the Health Waiver Benefit for those employees that elect to waive City health insurance coverage on themselves and/or on their spouse was enacted in 2012 and has been extended in three year terms through December 2015 and will expire December 31, 2018 without formal action. The Board of Commissioners gave informal approval for the Health Waiver to continue for another three year cycle and requested staff to prepare documents for formal approval at a future meeting. '

CONNIE GALLOWAY, Human Resources Director, announced that the City received a check in the amount of$51,290.46 as a premium reimbursement from our reinsurance portion of our health plan, for stop loss insurance. No stop loss claims were made for the plan year of July 1, 2016 through June 30, 2017 so Sun Life was able to refund a portion of our premium. We also received a premium reimbursement last year in the amount of$45,662.07.

RUSSELL R. SIGHTS, City Manager, congratulated Dylan Ward on receiving his Professional Engineer licensure which is the engineering profession's highest standard of competence, a symbol of achievement and assurance of quality. 56 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

OWEN REEVES, Gas System Director, reported that the Btu rates discussed last fall have not held true through the present time and that the Btu rate has decreased more than expected at this time. Mr. Reeves suggested holding off until later in the year to make any further changes. However, a sliding month-to-month scale had been discussed earlier and could be implemented sooner if the Btu rate continues to go down. The rate ordinance implemented last fall does not affect commercial or industrial customers, only residential customers. Currently the increased Btu rate is estimated to be less than $6.00 per month.

DISCUSSION WAS HELD regarding the intent of the original ordinance was to keep from losing money, not increase profits and that the monthly sliding scale seems to achieve the original intent. Staff will prepare an ordinance to be presented at the first meeting in April.

RUSSELL R. SIGHTS, City Manager, reported that the work session scheduled for 1 Tuesday, March 20 h will start at 4:00 p.m. instead of the regular start time of5:30 p.m.

DISCUSSION WAS HELD and it was determined that the work session would begin at 3:30 p.m.

COMMISSIONERS' REPORT:

COMMISSIONER PRUITT indicated that the Kentucky League of Cities is against HB 166 for other reasons not related to the use of medical cannabis and that he understands why police are against it, but he feels that it is the right thing to do for people that are suffering that could get relief with use of regulated medical cannabis.

EXECUTIVE SESSION: Personnel and Real Estate

MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1 )(t) for the purpose of discussions which might lead to the appointment and/or termination of an individual employee; and pursuant to KRS 61.810( 1)(b) for the purpose of deliberation on the possible future purchase of real estate located at Highway 60 and Wathen Lane; and for the deliberation on the possible future purchase of property located near Barrett Boulevard, Highway 60 and Highway 41, in that publicity would likely affect the value of these properties to be acquired for public use.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

MEETING RECONVENED:

MOTION by Commissioner Pruitt, seconded by Commissioner Staton, the Board of Commissioners reconvened in regular session.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Mayor Austin ------Aye: 57 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Regular Meeting on March 13, 2018

MEETING ADJOURN:

MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adjourn the meeting.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Mayor Austin ------Aye:

WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 8:45 p.m.

Steve Austin, Mayor ATTEST: March 27, 2018

Maree Collins, City Clerk 58 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of -~A~S...._p~ec~i=al~C=a=l=le~d__ Meeting on March 20, 2018

A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 20, 2018, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky.

There were present Mayor Steve Austin presiding:

PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels

ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Doug White, the Gleaner

EXECUTIVE SESSION: Personnel and Real Estate

MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to go into Executive Session pursuant to KRS 61.810(l)(f) for the purpose of discussions which might lead to the appointment of an individual employee; and pursuant to KRS 61.810(1 )(b) for the purpose of deliberation on the possible future purchase of real estate located near Highway 41, Highway 60 and Barrett Boulevard in that publicity would likely affect the value of the property to be acquired for public use; and pursuant to KRS 61.8IO(l)(b) for the sale of property located near Green Street, Carlisle Street, and Fourth Street in that publicity would likely affect the value of the property to be sold.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session.

MEETING RECONVENED:

MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, the Board of Commissioners reconvened in regular session.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON, Mayor Austin reconvened the Board into regular session. 59 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Special Called Meeting on March 20, 2018

MEETING ADJOURN:

MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adjourn the meeting.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 3 :25 p.m.

Steve Austin, Mayor ATTEST: March 27, 2018

Maree Collins, City Clerk 60 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Called Work Session Meeting on March 20, 2018

A Called Work Session of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 20, 2018, at 3:30 p.m. in the third floor Assembly Room, Municipal Center, 222 First Street, Henderson, Kentucky.

There were present the Honorable Steve Austin, Mayor, presiding.

PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels

CITY STAFF MEMBERS included Russell R. Sights, City Manager; Dawn Kelsey, City Attorney; Maree Collins, City Clerk; Donna Stinnett, Public Information Officer; Robert Gunter, Finance Director; Connie Galloway, Human Resources Director; Owen Reeves, Gas System Director; and Mike Richardson, Police Reserve Officer.

ALSO PRESENT: Paul Bird, Water and Sewer Commission Chair; George Jones, Water and Sewer Commission Member; Gary Jennings, Water and Sewer Commission Member; Julie Wischer, Water and Sewer Commission Member; Tom Williams, HWU General Manager; Mr. Todd Bowley, HWU Chief Financial Officer; William L. "Buzzy" Newman, Jr., Director of Field Operations; Kevin Roberts, Director of Plant Operations; John Baker, Projects and Compliance Manager; Patty Brown, HWU Administrative Assistant; News 44 Reporter; Douglas White, The Gleaner; and Bill Stevens, WSON Radio

THE FOLLOWING AGENDA ITEMS WERE DISCUSSED:

1. Review and Discussion of the Financial Management of the Henderson Water Utility and Possible Rate Increases

./ Tom Williams, Henderson Water Utility General Manager, gave a brief Financial and Operational Overview: • Detailing that they have four "clean water factories" with 39 employees and $7.2 million in expenses • Infrastructure including nine water towers totaling 10,580,000 gallons capacity; two clearwells with a total capacity of 2.1 million gallons; 235 miles of water mains and 202 miles of sewer lines stretched over three counties; 12,000 water meters; 53 sewer pump stations and three waster pump stations; five field crews, two camera truck operators, one utility locator with 25 people dedicated to Field Maintenance; plus 12 employees including secretarial staff, superintendents, GIS specialist, Automation & SCADA, and vehicle mechanic totaling 37 people with $6.2 million in expenses • Stormwater-$1.0 million annually in maintenance expenditures for all storm water pipes, catch basins and inlets, and all ditches that are not along a road or street • The Utility has a total of 89 employees with operating expenditures of $15 .2 million • The Utility fixes water leaks; maintains and renews infrastructure by repainting and repairing tanks, rebuilding and maintaining water intake, rebuilding and wastewater basins, upgrading the wastewater plant to reduce combined sewer overflows, maintaining and monitoring overflow points to Ohio River and Canoe Creek, and replacing equipment at the wastewater plant • The Utility serves not only the 27,500 residents of the City of Henderson, but approximately 800 homes just outside the City limits; provides the Henderson County Water District with an average of 1,200,000 gallons of CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of A Called Work Session Meeting on March 20, 2018

water per day; provides wastewater treatment to the City of Corydon; provides water and wastewater treatment to the City of Sebree; and provides water to Beech Grove in McLean County • Approximately 40% of revenue is from water, 56% from wastewater, and 4% from the new stormwater fees • Tyson Foods, International Paper and Henderson County Water District account for 43 .2% of revenues • Approximately 72.5% of operating expenses are fixed expenses and include: Salary/Benefits, Power/Fuel, and Chemicals • Challenges met include the completion and termination of the Consent Judgment-$41 million project; three of nine water tanks have been painted at a cost of $1.74 million; renovations at the North Water and Wastewater plants and the Raw Water Intake at the NWTP totaling $20.2 million; and refinanced all debt at lower interest rates • Remaining Challenges include meeting Water Regulations enacted as a result of the Flint Michigan Crisis; Wastewater Regulations relating to combined sewer overflows-local pollution limits-nutrient limits; Retirement Pension contributions; Aging Workforce with 12 retirements in the last two years and 15 more are anticipated in the next five years; Aging Water Distribution and Sewer Collection Systems with some water tanks that have not been painted in 25 years and some water mains are over 100 years old; Declining Usage-"The Conservation Conundrum;" Strategic Plan for Capital Spending totals $13.8 million in the next four years; and Insufficient Cash Flow • Three proposed rate scenarios, with minimum usage, were proposed: 1) $10 User Charge on both Water and Sewer for $20 total with 750 gallons included; 2) $10 User Charge on Water and $20 User Charge on Sewer for a total of$30 with 750 gallons included; and 3) $15 User Charge on Water and $25 user Charge on Sewer for a total of $40 with 1,500 gallons included • The Utility will be in a cash deficit in late 2020 with the current rate and in late 2023 with scenario 1; scenarios 2 and 3 will both provide positive cash flow through at least 2025

DISCUSSION WAS HELD regarding the leakage rate of 23% of treated water due in part to the aging of the water mains; $1 million per mile to replace pipe; comparisons of water and sewer rates with other communities; volumetric VS minimum usage rates; being the first City of any size in Kentucky to complete their Long-Term Control Plan and the debt service that goes along with that; that the debt service is much smaller because the projects were completed now instead of in the future; that the volumetric rate is not proportionate to how much it actually costs to provide the service; how would the City's Bond Rating be affected ifHWU was allowed to spend down all of their reserves; possibility of phasing in the minimum usage rates; find balance between keeping the Utility healthy and residents' financial health; that the water rates have been kept artificially lower than the cost to provide the service for a while now; and the possibility of a hybrid plan to move gradually to the minimum rate billing.

It was determined that HWU staff would prepare several rate scenarios to possibly phase in changing to a 'minimum bill' rate along with hybrid plans that include both the 'volumetric' and 'minimum' billing rates; and to schedule another joint work session on Tuesday, March 27, 2018 to begin at 4:30 p.m. for review and discussion of those plans.

NO FORMAL ACTION WAS TAKEN BY THE BOARD OF COMMISSIONERS. 62 CITY OF HENDERSON - RECORD BOOK

Record ofMinutes of _...,_A..:....=C=a=ll=e=d-'W~o""'rk"'-=S=es=s=io=nc:..__ Meeting on March 20, 2018

MEETING ADJOURN:

MOTION by Commissioner Pruitt, seconded by Commissioner Vowels to adjourn.

The vote was called. On roll call, the vote stood:

Commissioner Staton ------Aye: Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Mayor Austin ------Aye:

WHEREUPON Mayor Austin declared the work session adjourned at approximately 5:15 p.m.

Steve Austin, Mayor ATTEST: March 27, 2018

Maree Collins, City Clerk City Commission Memorandum 18-60

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Ordinance Relating to Streets, Sidewalks, and Other Public Places

An item for the agenda of Tuesday, March 27, 2018 is final reading of an ordinance amending Chapter 20, Streets, Sidewalks, and Other Public Places, of the Code of Ordinances.

During ordinance review, discussion was held regarding amending sections within the following article/sections:

Article 1, In General

Section20-s, Petition to Board of Commissioners for Greater Than Ordinary Use of Streets or Sidewalks Section20-7, Booths, Concessions, Carnivals for the Sale of Merchandise on Streets Section 20-8, House Numbering Plan

Your approval of the attached ordinance is requested.

c: Brian Williams Ray Nix Brian Bishop ORDINANCE NO. 08-18

ORDINANCE AMENDING CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

SUMMARY: AN ORDINANCE AMENDING ARTI CLE I, IN GENERAL, SECTION 20- 5 PETITION TO BOARD OF COMMISSIONERS FOR GREATER THAN ORDINARY USE OF STREETS OR SIDEWALKS; SECTION 20-7 BOOTHS, CONCESSIONS, CARNIVALS FOR THE SALE OF MERCHANDISE ON STREETS; AND BY REPEALING SUB-SECTION (G) OF SECTION 20-8 HOUSE NUMBERING PLAN OF CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON

Whereas, the City is reviewing its ordinances to ensure that current practice and the ordinances are consistent; and

Whereas, in the ordinance review, the City determined that Ordinance 20-5 needed to be updated to provide that the City Manager will give permission for greater use ofthe City streets or sidewalks; and

Whereas, in the ordinance review, the City determined that Ordinance 20-7 needed to be updated to include right of ways; and

Whereas, in the ordinance review, it was determined that subsection (g) of Ordinance 20-8 was outdated and needed to be repealed; and

Whereas, the City Manager recommends this ordinance be approved.

Sec. 20-5. - Petition to board ofcommissioners for greater than ordinary use ofstreets or sidewalks.

Any person desiring any greater use of any street, alley or sidewalk than is provided in this chapter, may petition the [boa-rd of commissioners] City Manager for same, and if granted, shall not be subjected to the penalties denominated therein; but such privilege, if granted, shall be temporary and may be revoked at any time in the discretion of the [board of commissioners] City Manager. Sec. 20-7. - Booths, concessions, carnivals for the sale ofmerchandise on streets.

No person or organization shall erect, maintain or place any carnival, street show, booth, concession or any place of amusement or any stand for the sale of any article of merchandise on any street, right of way, avenue or highway of the city, unless the person or organization has obtained a special event permit pursuant to Section 17-49, and is in compliance with the terms of their special event permit. Sec. 20-8. - House numbering plan.

(a) All buildings and houses shall be numbered consistent with the assigned address. (b) The plan for numbering the buildings and houses in the city is as follows: Even numbers shall be placed on the east and south sides of each street, and odd numbers on the west and north sides. Twenty (20) feet shall be allowed to each number and the numbers shall begin from Water Street and proceed east, and from Center Street and proceed north and south. Not more than one hundred ( 100) numbers shall be used to the block, and each block shall commence with the next succeeding hundred. ( c) Building and house numbers or letters shall meet the following requirements: (1) Minimum three (3) inches in height. (2) Shall be of contrasting colors to the building. (3) Numbers shall be highly visible from the street or driveway on the front of the building. ( d) The placement of numbers on residential structures shall be in accordance with the following prov1s10ns: (1) Numbers or letters shall be placed on the side of the building facing the street of address in close proximity to and in the general area of the entrance door in a conspicuous position and at a height which shall be easily visible from the street. (2) The number or letter may be placed over the garage door provided it remains visible from the street. (3) Apartment buildings, hotels and motels shall have either number or letter designations and apartment or room number or letter ranges. Examples:

•Building 1, Apts. A-D

•Building A, Apts. 1-4

(4) The lot numbers of mobile homes in mobile home parks shall be placed on the ends ofthe mobile home facing the street or drive. (5) Mobile homes on single lots in areas of the city zoned R-3 shall place the number on the end of the mobile home facing the street, or in the same manner as other single-family residential structures. ( e) Street side mail boxes shall be numbered consistent with requirements set forth by the U.S. Postal Service. ( f) The placement of numbers or letters on commercial buildings shall be in accordance with the following provisions: (1) Numbers shall be placed near the entrance door at least five (5) feet above floor level. (2) If the entrance does not face the street on which the building is numbered, building numbers shall be placed on the end of the building facing the numbered street in a conspicuous place, easily visible from the street or driveway.

-2- (3) Numbers shall also be placed over the rear door of occupancies located in buildings with a common entrance, such as shopping malls, multi-story buildings, etc.

~ The o\vners of all houses or buildings in the city 1.vhich are 1.vithout numbers, or vmich are incorrectly numbered, shall apply to the city for assignment of the correct number.] ftht.} &. The Henderson City-County Planning Commission is designated as the official agency responsible for assigning new addresses and changing addresses that do not meet the standards as outlined in Chapter 20 of the Code of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict.

This ordinance shall become effective upon its legal adoption.

On first reading of the foregoing ordinance, it was moved by Commissioner Vowels , seconded by Commissioner ___-'-'---'--'------"thatthe ordinance be adopted on its first reading.

On roll call the vote stood: Commissioner Staton: AYE Commissioner Vowels: AYE Commissioner Pruitt: AYE Mayor Austin: _A_Y_E__ Commissioner Bugg: AYE

WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.

On second reading of the ordinance, it was moved by Commissioner ______, seconded by Commissioner , that the ordinance be adopted.

On roll call the vote stood:

Commissioner Staton: ---- Commissioner Vowels: ---- Commissioner Pruitt: Mayor Austin: Commissioner Bugg:

WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded.

Steve Austin, Mayor Date: ATTEST:

Maree Collins, City Clerk

-3- APPROVED AS TO FORM AND LEGALITY THIS _2_ DAY OF MARCH, 2018. ' {\' . ..Af / By: 4/~Zu?lL~=b\ :e::= 7 Dawn S. Kelsey City Attorney

-4- City Commission Memorandum 18-61

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager Q. ~ / J L

SUBJECT: Sewer Service -438 Old Corydon Road

The accompanying resolution authorizes the extension of sewer service outside city limits to property located off U.S. 60 West at 438 Old Corydon Road.

The Henderson Water & Sewer Commission, at its meeting of March 19, 2018, approved to extend sanitary sewer service to the property.

As required by code, the provision of utility service outside the corporate limits is conditioned on the execution of an agreement to consent to annexation and the execution of a deed restriction not to oppose annexation if such is pursued by the city in the future. The property owner has executed all required agreements.

Approval of the Board of Commissioners is required pursuant to Section 23-98 (f) of the Code of Ordinances.

Your approval of the attached resolution is requested.

c: Tom Williams Robert Gunter Dawn Kelsey Doug Boom ~ 270.826.2421 HWU W. www.hkywater.org 9 111 Fifth Street Henderson Water Utility Henderson, KY 42420 WATER • WASTEWATER • STORMWATER

Date: 20 March 2018

Memo To: Mayor Austin Henderson City Commissioners

From: Tom Williams, P.E. General Manager, HWU

Subject: Old Corydon Road - Sewer Extension

Earlier this year, HWU constructed a short sewer extension to serve several lots on Old Corydon Road, as requested by three property owners who had failing/old septic systems at their homes. Old Corydon Road is a short, dead-end street off U.S. 60 West, with 8 homes and the Matthew 25 facility at the end of the street. Those three homes were outside the City Limits but have now been annexed. All properties in this area already have HWU water service. A fourth resident has now come forward with a similar application. We did not discuss annexation with this owner earlier, because the sewer extension could not serve his property by gravity, due to the lay of the land. Now, this property owner is requesting to install a pumped system to serve his single-family home. We would not normally construct something like this on our own, but this system will be wholly private, and as such we have no issue with its construction. The owner will pay our normal sewer tap fee. The attached resolution was approved by the Water & Sewer Commission and is forwarded here for endorsement by the City Commission. It covers this single property, for which the owner has signed the appropriate "Consent to Annexation" paperwork, as required by City Code section 23-98 (e) prior to provision of wastewater service by HWU. Once this is approved by the Commission we will allow this hookup, and then will assist in completing the process of annexation by having a legal description prepared for the property to be annexed. City Manager Sights may want to discuss with you the extent of this annexation, and whether it should include the portion of the street that extends further to the east. In the meantime, if you have any questions or need further information on this matter, please feel free to call me at 270.869.6621 (Office) or 270.823.2573 (Cell).

Cc: Russell Sights, City Manager Dawn Kelsey, City Attorney William (Buzzy) Newman, HWU Director of Field Operations City of Henderson, Kentucky REQUEST FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS

Name: Morris Robinson

Location Address: 438 Old Corydon Road, Henderson, KY 42420 PVA ID # __---=-46=D:c..--=1=-3 ___

Mailing Address: 438 Old Corydon Road, Henderson, KY 42420 Telephone ______

As owner of the above referenced property that is located outside the corporate limits of the City of Henderson, I hereby request the City of Henderson to allow my property to be connected to the wastewater system in accordance with the requirements of the City Code of Ordinances, Section 23-98 (e) (i).

I understand that the City of Henderson is under no obligation to furnish wastewater service to the property. I also understand that if the request for wastewater service is granted by the Henderson Water Utility, that I must also record a restrictive covenant not to oppose annexation in order to receive service and must comply with all other utility requirements.

Finally, I agree to execute a Consent To Annexation form at the time the City decides to proceed with the annexation of my property into the city limits of Henderson.

Applicant (s)

The forgoing Request for Wastewater Service Outside the City Limits was signed and acknowledged before me by Morris Robinson this /),T),, day of i-tv1 vh , 2018.

Do Not Write Below This Line

HWU has reviewed this request for wastewater service outside the City of Henderson and has determined that the property described above can~ cannot D be connected to the wastewater system without exceeding the capacity of any components of the system and without causing any other problems in the collection, transmission, and treatment system. Approval/disapproval of the connection has been made

the minutes of the meeting. The connection is also subject to any stipulations contained on the attached sheets numbered _ __c:_:_.c::.__....,_

HWU General Manager Date

Revised 10/2011 RESOLUTION NO. ----

RESOLUTION AUTHORIZING EXTENSION OF SEWER SERVICE OUTSIDE CITY LIMITS TO PROPERTY LOCATED OFF U.S. 60 WEST ON OLD CORYDON ROAD KNOWN AS 438 OLD CORYDON ROAD

WHEREAS, the City of Henderson has received a request from the owner of property located offU. S. 60 West on Old Corydon Road in Henderson County known as 438 Old Corydon Road, for the extension of City sewer service to property which is located outside the City's corporate limits; and

WHEREAS, the Henderson Water Commissioners at its March 19, 2018 Board meeting approved Resolution 2018-04 (attached hereto as Exhibit A) recommending to the City Board of Commissioners that it approve the extension of sewer service to the properties shown in Exhibit "A";

WHEREAS, the property owner listed in the attached Resolution has signed Consent to Annexation and Restrictive Covenant Not to Oppose Annexation forms which will be recorded in the Henderson County Clerk's office; and

WHEREAS, by Sec. 23-98 (e) ofChapter23 of the City's Code of Ordinances, the Board of Commissioners for the City must approve any extension of sanitary sewer service outside the corporate limits of the City.

NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that approval is hereby given for the extension of sanitary sewer service for property located off U.S. 60 West on Old Corydon Road in Henderson County known as 438 Old Corydon Road and listed in the attached Exhibit "A".

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Staton: Commissioner Vowels: Commissioner Pruitt: Mayor Austin: Commissioner Bugg:

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- APPROVED AS TO FORM AND LEGALITY THIS .2l_ DAY OF MARCH, 2018. .

By: '~~~ City Attorney

-2- HENDERSON WATER AND SEWER COMMISSION RESOLUTION OF THE BOARD OF COMMISSIONERS

Resolution No. 2018 - 04 Approval of Request for Wastewater Service Outside the City Limits

The following Resolution was duly adopted by the Board of Commissioners of the Henderson

Water & Sewer Commission at a regular meeting held on Monday, 19 March 2018, at which meeting a quorum was present.

BE IT RESOLVED, that the Henderson Water and Sewer Commission by and through its Board of

Commissioners under the authority granted to the Board of Commissioners under Chapter 23 Article II

Division 3 Sections 23-36 through 23-45.1 of the City Code of Ordinances hereby recommends to the

Board of Commissioners of the City of Henderson, Kentucky, that the City of Henderson grant the following Request for Wastewater Service Outside the City Limits from a property owner adjacent to a recently constructed sewer extension on Old Corydon Road:

PVA Parcel Number Address Owner Name 460-13 438 Old Corydon Road Morris Robinson

The property owner listed in the table above has signed a "Consent to Annexation" form, along with the required "Restrictive Covenant Not to Oppose Annexation", as specified in Chapter 23-98 (e) of the City Code of Ordinances. The Restrictive Covenant has a term of twenty (20) years and will be recorded in the County Clerk's office to provide notice to potential future owners. The required forms are incorporated herein by reference.

HWU Staff has reviewed this request and has determined that the property can be connected to the wastewater system without exceeding the capacity of any component of the system and without causing any problems in the collection and treatment systems.

EXEIP.IT The General Manager is hereby authorized to deliver this Resolution to the City of Henderson, for action by the City Commission and recording of the restrictive covenant.

IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 19 March

2018, and upon Motion made by Commissioner Ju.-/it lJ,·sJi-er, and seconded by Commissioner

Gttrj Jenni~s , the Board of Commissioners voted as follows:

Commissioner, R. Paul Bird, Jr. Commissioner, George Jones, Ill Commissioner, John Henderson Commissioner, Gary Jennings Commissioner, Julie Wischer

- \- Tom Williams, P.E. HWU General Manager City Commission Memorandum 18-67

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Interlocal Agreement - Joint Henderson County and City of Henderson Tourist Commission

The accompanying resolution authorizes the acceptance of an Interlocal Cooperation Agreement for the establishment of a Joint Henderson County and City of Henderson Tourist Commission.

The City received a request from the Henderson County Tourist Commission asking that the City consider joining the Henderson County Tourist Commission to form a City-County Tourist Commission. The Board of Commissioners passed a resolution in November 2017 to send this request to the City-County Cooperative Study Team for evaluation.

The City-County Cooperative Study Team was tasked with the responsibility of studying issues or projects which affect both City of Henderson and Henderson County governments and recommends that the City and County enter into this Interlocal Agreement.

Any party has the right to terminate this agreement with a six month written notice. Your approval of the attached resolution is requested.

c: Dawn Kelsey RESOLUTION NO. ---

RESOLUTION ACCEPTING INTERLOCAL COOPERATION AGREEMENT FOR THE ESTABLISHMENT OF A JOINT HENDERSON COUNTY AND CITY OF HENDERSON TOURIST COMMISSION

WHEREAS, Henderson County Tourist Commission Board has forwarded a request to the City to consider that joining the Tourist Commission with the new Commission being titled Henderson City/County Tourist Commission; and

WHEREAS, under KRS 91A.350 allows cities of the Home Rule Class to establish tourist and convention commission for the purpose of promoting and developing convention and tourist activities and facilities either separately or jointly with the county it is located in; and

WHEREAS, the City/County Cooperative Study Team, tasked with the responsibility to study issues or projects which effect both City of Henderson and Henderson County governments, recommends that the City and County enter into an interlocal agreement to create a joint City/County Tourist Commission; and

WHEREAS, Kentucky Revised Statutes provide that incorporated cities and counties may participate in interlocal cooperation agreements of the nature herein provide and they also provide that that cities and counties may form joint tourist commissions; and

WHEREAS, the Fiscal Court of Henderson County and the City of Henderson desire to reduce into written form their understanding and agreement detailing the establishment and administration of the Tourist Commission;

WHEREAS, the execution, delivery, and performance of this Agreement has been authorized, approved, and directed by the governing bodies ofthe Counties and City by an ordinance or resolution finally passed and adopted by the governing bodies of the Counties.

NOW THEREFORE BE IT RESOLVED, the City of Henderson hereby approves the Interlocal Agreement for the Establishment of a Joint Henderson County and City of Henderson Tourist Commission; and authorizes the Mayor to execute the agreement (attached hereto) on behalf of the City.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:

Commissioner Staton: ---- Commissioner Vowels: ---- Commissioner Pruitt: Mayor Austin: Commissioner Bugg:

WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS DAY OF MARCH, 2018.

By: / \. Dawn S. Kelsey City Attorney INTERLOCAL COOPERATION AGREEMENT FOR THE ESTABLISHMENT OF A JOINT HENDERSON COUNTY AND CITY OF HENDERSON TOURIST COMMISSION

This lnterlocal Cooperation Agreement made and entered into this __ day of March 2018 by and between the Fiscal Court of Henderson County and the City of Henderson hereinafter referred to respectively as "City and County."

WITNESSETH:

WHEREAS, Kentucky Revised Statutes provide that incorporated cities and counties may participate in interlocal cooperation agreement of the nature herein provide and they also provide that that cities and counties may form joint tourist commissions; and

WHEREAS, the execution, delivery, and performance of this Agreement has been authorized, approved, and directed by the governing bodies of the Counties and City by an ordinance or resolution finally passed and adopted by the governing bodies of the Counties.

NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:

A. Purpose. 1. The primary purpose for which this Interlocal Cooperation Agreement ("Agreement") is entered into is to promote tourism throughout Henderson County, including the City of Henderson. B. Establishment of Commission. 1. Fiscal Court of Henderson County and the City of Henderson do hereby agree to establish a Commission that shall be known as the Henderson Tourist Commission. 2. The Commission shall have the authority to hiring an Executive Director of the Henderson Tourist Commission who shall be responsible for the day-to-day operation of the Commission and as the Commission may otherwise direct. 3. The membership of the Henderson Tourist Commission shall consist of seven (7) commissioners and shall comply with KRS 91A.360:

a. Three (3) commissioners shall be appointed from a list of a list of six (6) or more names submitted by the local hotel and motel association which exists and covers both the city and county. If no formal local city or county hotel and motel association is in existence upon the establishment of a commission or upon the expiration of the term of a commissioner appointed pursuant to this subsection, then up to three (3) commissioners shall be appointed by the appropriate chief executive officer or officers from persons residing within the jurisdiction of the commission and representing local hotels or motels.

b. One (1) commissioner shall be appointed from a list of three (3) or more names submitted by the local restaurant association or associations. If no formal local restaurant association or associations exist upon the establishment of a commission or upon the expiration of the term of a commissioner appointed pursuant to this subsection, then one (1) commissioner shall be appointed by the appropriate chief executive officer or officers from persons residing within the jurisdiction of the commission and representing a local restaurant. A local restaurant association or associations shall not be required to be affiliated with the Kentucky Restaurant Association to be recognized as the official local restaurant association or associations. c. One (1) commissioner shall be appointed from a list of three (3) or more names submitted by the chamber or chambers of commerce existing within those governmental units, which by joint or separate action have established the commission. If the commission is established by joint action of a county and a city or cities, then each chamber of commerce shall submit a list of three (3) names, and the chief executive officers of the participating governmental units shall jointly appoint one (1) commission member from the aggregate list. If no local chamber of commerce is in existence upon the establishment of a commission or upon the expiration of the term of a commissioner appointed pursuant to this subsection, then one (1) commissioner shall be appointed by the appropriate chief executive officer or officers from persons residing within the jurisdiction of the commission and representing local businesses. d. Two (2) commissioners shall be appointed one (1) each by Henderson County Judge Executive and by the Mayor of the City of Henderson.

4. Commissioners shall be appointed for terms of three (3) years, provided, that in making the initial appointments, the appropriate chief executive officer or officers shall appoint two (2) commissioners for a term of three (3) years, two (2) commissioners for a term of two (2) years and three (3) commissioners for a term of one (1) year. There shall be no limitation on the number of terms to which a commissioner is reappointed. Subsequent appointments shall be for three (3) year terms. 5. The commission shall elect from its membership a chairman and a treasurer, and may employ personnel and make contracts necessary to carry out the purpose of ~~~ to The contracts may include, but shall not be limited to, the procurement of promotional services, advertising services, and other services and materials relating to the promotion of tourist and convention business. Contracts of the type enumerated shall be made only with persons, organizations, and firms with experience and qualifications for providing promotional services and materials, such as advertising firms, chambers of commerce, publishers, and printers. 6. A commissioner may be removed from office, by joint or separate action, of the appropriate chief executive officer or officers of the local governing body or bodies that established the commission, as provided by Vacancies and/or replacement of commissioners shall be filled in accordance with KRS 91A.360(2).

7. Each member of the Commission shall be entitled to vote on any issue coming before the Commission and, unless stated otherwise herein, any vote by the Commission shall be upheld only upon a majority vote. For purposes of this Agreement, a majority vote shall be an affirmative vote from more than one-half (1/2) of the members at any meeting in which at least five (5) members of the Board of Directors are present and at least five (5) members of the Board of Directors vote. 8. The commission shall comply with the provisions of KRS 65A. OJ Oto 65A. 090.

C. Financial Administration.

1. The Parties agree that an annual budget shall be approved by the Henderson Tourist Commission. 2. The commission shall submit said budget annually to the Fiscal Court and the City of Henderson by April 1st. 3. Pursuant to KRS 91A.390,' the Fiscal Court and City shall include the commission in the annual budget and shall provide funds for the operation of the commission by imposing a transient room tax not to exceed three percent (3%) on the rent for every occupancy of a suite, room, or rooms, charged by all persons, companies, corporations, or other like or similar persons, groups, or organizations doing business as motor courts, motels, hotels, inns, or like or similar accommodations businesses. 4. The books of the commission and its account as established in shall be audited as provided in The independent certified public accountant or Auditor of Public Accounts shall make a report to the commission, to the associations submitting lists of names from which commission members are selected, to the appropriate chief executive officer or officers, to the State Auditor of Public Accounts, and to the local governing body or bodies that established the commission that was audited. A copy of the audit report shall be made available by the commission to members of the public upon request and at no charge.

D. Duration and Right to Terminate.

1. This Agreement shall be perpetual in duration unless terminated according to the terms herein.

2. Any Party hereto shall have the right to terminate this Agreement by giving six ( 6) month notice, in writing, to the other Executive Officer of the legislative body and to the Chairperson of the Henderson Tourist Commission. At the time of termination by one Party, any assets accumulated by the Commission shall be transferred to any subsequent Tourist Commission(s) created by the non-withdrawing Party as a result of the termination. If both Parties wish to mutually dissolve this agreement, then each shall receive one-half (1/2) of the assets accumulated for the creation of new, separate Tourist Commission entities. If no subsequent tourist commission is created, then prior to dissolving the Tourist Commission, it shall spend all of the assets for purposes allowed by KRS 91A.350-91A.390.

E. Effective Date. The Effective Date of this Agreement is July 1, 2018.

F. Assignment.

This Agreement may not be assigned by any Party hereto without the prior written consent of the remaining Parties hereto.

G. Miscellaneous.

All notices will be in writing and mailed (postage prepaid, and certified or registered with return receipt requested) or delivered (including delivery by courier services) as follows: Mayor, City of Henderson, P.O. Box 716, Henderson, KY 42419-0716; City Manager, P.O. Box 716, Henderson, KY 42419-0716, Judge/Executive, Henderson County, 20 North Main Street, Ste. 301, Henderson, KY 42420; and Chair, Tourist Commission, 101 N. Water Street, Ste. B, Henderson, KY 42420.

H. Amendments, Changes and Modifications.

Except as specifically provided in this Agreement, this Agreement may not be amended, changed, modified or altered, or any provision hereof waived, without the written consent of all Parties hereto.

I. Severability. In the event that any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof.

J. Applicable Law.

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

BRAD SCHNEIDER, HENDERSON COUNTY JUDGE EXECUTIVE

STEVE AUSTIN, CITY OF HENDERSON MAYOR

ATTEST:

HENDERSON COUNTY CLERK

HENDERSON CITY CLERK

Title: ------DEPARTMENT OF LOCAL GOVERNMENT COMMONWEALTH OF KENTUCKY City Commission Memorandum 18-66

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager

SUBJECT: Donation of Land to Housing Authority of Henderson

The accompanying municipal order authorizes the donation of surplus property located at 1021 Clay Street to the Henderson County Housing Authority.

This small vacant lot was conveyed to the City through a Master Commissioner's sale for $1.00 as part of our mass foreclosure proceedings. It was designated as surplus property in January 2017 and in March 2017 was advertised for bid with no responsive bids received.

The property will be conveyed to the Housing Authority of Henderson for the purpose of constructing low to moderate income housing. The University of Evansville Engineering department has volunteered to design a small home suitable for the lot size as a class project.

c: Dawn Kelsey MUNICIPAL ORDER --- MUNICIPAL ORDER AUTHORIZING DONATION OF SURPLUS PROPERTY LOCATED AT 1021 CLAY STREET TO THE HOUSING AUTHORITY OF HENDERSON, AND AUTHORIZING MAYOR TO EXECUTE THE NECESSARY DOCUMENTS ON BEHALF OF THE CITY

WHEREAS, the City of Henderson is the owner of property located at 1021 Clay Street, which property has been designated as surplus property pursuant to KRS 82.083 and Resolution 19-17 dated March 28, 2017; and

WHEREAS, by Municipal Order 30-17, dated July 11, 2017 and Bid Reference 17- 15, the property had no successful bids; and

WHEREAS, the Housing Authority of Henderson has requested that the property be conveyed to it for use and benefit of constructing low to moderate income housing; and

WHEREAS, pursuant to KRS 45A.425 (3) surplus property may be transferred to another governmental agency without consideration and the City Manager recommends that the above property be donated to the Housing Authority of Henderson.

NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is accepted, and the surplus property located at 1021 Clay Street shall be donated to the Housing Authority of Henderson, and the Mayor is authorized and directed to execute any and all documents on behalf of the City which are necessary to effectuate the transfer.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Order be adopted, the vote was called. On roll call the vote stood:

Commissioner Staton: ---- Commissioner Vowels: --- Commissioner Pruitt: Mayor Austin: Commissioner Bugg:

INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the __ day of March, 2018.

ATTEST: Steve Austin, Mayor Date: ------Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS DAY OF MARCH, 20 &'. I /2 By: ?~h City Commission Memorandum 18-62

March 23, 2018

TO: Mayor Steve Austin and the Board of Commissioners

FROM: Russell R. Sights, City Manager ;21

SUBJECT: Cemetery Mowing Contract

The accompanying municipal order authorizes the award of a contract for the mowing of city cemeteries to Knights Landscaping, LLC, Henderson, for cemetery properties in accordance with their low bid of $107,100.00.

The major part of the work is expected to commence approximately April 1 and continue through November 1, although weather will dictate the full-extent of the mowing season. Each cemetery is priced on a unit basis per property to be mowed which serves as the basis of compensation during the term of the agreement.

Included in the scope of work is the mowing and trimming of Femwood, Fairmont, and Mt. Zion cemeteries. The contract provides for the cemeteries to be mowed and trimmed at least once per week, or as specifically directed by the City. Special attention shall be paid to the appearance of the cemeteries for holidays. The frequency of mowing will be adjusted as necessary by the city with the lawns to be mowed often enough so as to maintain the length of the grass at no less than 1 1/2 inch and no taller than 3 inches. Grass clippings are to be blown off monuments, roadways, paths, and sidewalks by the end of each cut day. No herbicides or other chemicals are to be used for grass and weed control without the consent of the Park, Recreation, and Cemeteries Director. Any monument damaged or disturbed by the contractor is required to be repaired or reset at his expense. Minor litter pickup is also required of the contractor.

Bid packages were sent to twenty-eight vendors, with four vendors submitting bids. The recommended bidder was the lowest responsive bidder.

The contract term is through December 31, 2019, with an option to extend for an additional one-year period under the same terms and conditions.

Adequate funds are budgeted and available for this purpose. Your approval of the attached municipal order is requested. c: Trace Stevens Dawn Winn Park and Recreation Memorandum 18-07

Tuesday, March 20, 2018

TO: Russell Sights, City Manager Robert Gunter, Finance Director

CC: Jennifer Latimer

FROM: Trace Stevens, CPRP, Park and Recreation Director

SUBJECT: Bid Acceptance

In response to bid 18-18 the Parks Recreation and Cemeteries Department would like to recommend that the city accept the bid from Knight's Landscaping of Henderson KY for Femwood Cemetery at an annual price of $107,100

I recommend retaining the services of Knight's Landscaping for Cemetery Mowing Services for an annual fee of $107,100. If accepted this would be the fourth time Knights has been awarded this bid. There were four bidders seeking to provide this service.

This contract will run through December 31, 2019 with an optional 12 month extension.

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Bid Reference No. 18-18

SPECIAL CONDITIONS

In order to present an attractive and well-maintained appearance, the City of Henderson is accepting sealed bids for the mowing and trimming of the following City cemeteries.

Estimated Number of Cuts per Season

Fernwood Cemetery Mowing Area 1 estimated 33 cuts per season Mowing Area 2 estimated 33 cuts per season Mowing Area 3 estimated 33 cuts per season Mowing Area 4 estimated 33 cuts per season Mowing Area 5 estimated 33 cuts per season Mowing Area 6 estimated 15 cuts per season

Fairmont Cemetery Mowing Area 1 estimated 33 cuts per season Mowing Area 2 estimated 33 cuts per season Mowing Area 3 estimated 33 cuts per season Mowing Area 4 estimated 33 cuts per season Mowing Area 5 estimated 33 cuts per season Mowing Area 6 estimated 15 cuts per season

Mount Zion Cemetery Entire cemetery estimated 33 cuts per season.

Note that mowing Area 6 in Fernwood and Fairmont cemeteries is less active and is estimated to be mowed less frequently than areas (I - 5).

The numbers of cuts are estimates only and the City does not guarantee any mm1mum or maximum number of cuts per season. The estimated number of cuts will be used to determine the lowest total bid price.

Detail of Mowing Areas

FERNWOOD CEMETERY Mowing Area 1 Section 1, 2, 3, 4, & 5 Including Workshop, Small Office, Park & Recreation Office, Mausoleum Units, Berms Mowing Area 2 Section 6, 14, 21, 22, 25, Yz circle Mowing Area 3 Section 7, 13, 15, Yz circle MowingArea4Section8, 12, 16, 17, 11,9, 10,PublicGround#l, Public Ground #2, 18, 19 Mowing Area 5 Section 20, 23, 24, Public Ground #3, A, B, and small triangle Mowing Area 6 Section C SPECIAL CONDITIONS Page 2

FAIRMONT CEMETERY Mowing Area 1 Section A Mowing Area 2 Section B 1 & B2, Veterans lot Mowing Area 3 Section C Mowing Area 4 Section El & E2, median Mowing Area 5 Section F & G Mowing Area 6 Section H

The City will maintain a continuing property inspection to determine that the contractor is complying with all provisions of the contract. This inspection will include but will not be limited to the quality of service rendered, compliance with the terms and specifications, and the regularity of the service.

Term and Cancellation

The term of the contract will be from the date the bid is approved by the City Commission through December 31, 2019. If both parties agree in writing, the contract can be extended for an additional twelve (12) month period upon the same terms and conditions.

Upon determination by the City Manager, of unsatisfactory performance, the contract can be terminated in five (5) calendar days upon written notice.

Licenses and Insurance

A. Broad Form Comprehensive General Liability, including Products and Completed Operations.

Bodily Injury: $300,000 each occurrence $1,000,000 aggregate

Property Damage: $300,000 each occurrence

B. Automobile Liability, including any auto, hiring autos and non-owned autos.

$300,000 combined single limit

C. Workers Compensation for all employees used on the job pursuant to statute. SPECIAL CONDITIONS Page 3

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.

Successful bidder will be required to obtain a City of Henderson Occupational License.

Invoicing and Payment

The City shall be invoiced bi-weekly for the services rendered during the previous two weeks. The invoice shall individually list each mowing area in each cemetery mowed during the two week period, the number of times mowed, the "per cut" price as established in the contract, and the extended total price (Price per cut (x) number of cuts).

The mowing week will begin on Friday of each week and conclude on the following Thursday. The Cemetery Superintendent and/or designee will inspect properties on Friday for payment of services.

Bid Award

Bid will only be awarded to a "Responsible Bidder".

"Responsible Bidder" means a person or firm who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability, which will assure good faith performance.

Bidder must demonstrate that it is a "Responsible Bidder" in order to be considered for bid award.

Each bidder is required to submit the following in order to demonstrate it is a "Responsible Bidder". The City may require additional information.

a List number of years in business.

a Work references from a minimum of three firms for whom similar work has been performed in the past year. References shall contain the company name, address contact person and phone number.

a A list of equipment to be used or acquired and the number of personnel the bidder considers adequate to perform this work. SPECIAL CONDITIONS Page4

a An operational plan that sets forth the contractors plans for successfully fulfilling the contract including a tentative mowing schedule, supervision of crews, and accessibility of contractor for addressing special services or concerns, estimated number of hours to complete services at job site.

a A properly filled out Bid Pricing Sheet, Bid Reference 18-18.

a All bidders are required to meet with the Parks and Recreation Director or designee to inspect the properties and discuss mowing and trimming practices included in the work prior to the submission of a bid, unless other arrangements are made with the City. Questions regarding the properties included or specifications are to be directed to Trace Stevens, Director of Parks and Recreation, at 270-831-1274.

The Responsible Bidder with the lowest Total Bid Price will be awarded a contract.

The estimated number of cuts times the prices per cut will be used to determine the lowest total bid price. However, the City does not guarantee any minimum or maximum number of cuts. Payment will be based on the actual number of cuts.

Bidders unfamiliar with the City's sealed bid process or bidders with procedural questions are encouraged to call Dawn Winn, Assistant Finance Director, at 270-831- 1290, ext. 2220.

- End of Section -

06-0J-14E City of Henderson, Kentucky Invitation to Bid

Bid Reference No. 18-18

TECHNICAL SPECIFICATIONS

• The contractor shall be responsible for all equipment and maintenance of said equipment required in fulfilling this contract.

• The work to be performed under this contract is expected to begin around April 1 of each year and conclude around November 1. Depending upon weather and growing conditions, it is possible that mowing services will begin earlier than April 1 and continue after November 1. The contractor will be expected to start and end mowing services as directed by the City.

• The City does not guarantee any minimum or maximum number of cuttings or trimming during the period covered by this contract. The City reserves the right to mow and trim any property included in the contract with its own crews or to otherwise care for its property as determined in its best interests.

• The contractor shall take precautions to protect the public, vehicles, buildings, facilities, etc., from harm or damage. Excessive mowing speed shall not be permitted. Proper attire, including shirts and protective eye wear, shall be worn by bidders employees at all times. The contractor's employees shall behave appropriately.

• All operations are to be carried out at each section/site before moving on to the next. Specifically, each section is to be mowed, trimmed, and monuments swept off before moving to another section of the cemetery.

• The contractor shall be responsible for minor litter control and shall not mow over any litter or artificial flowers and cause them to be thrown around the grounds. The contractor shall be responsible for disposing of shredded litter resulting from this action. The City shall be responsible for major litter control and shall be notified immediately when a problem exists.

• The properties shall be mowed and trimmed every seven (7) days, or as specifically directed by the City. The lawns shall be mowed often enough so as to maintain the length of grass at not less than one and one-half (1 W') inches and not more than three inches (3"). The City shall be notified immediately when there is any deviation from the schedule due to equipment breakdowns, inclement weather conditions, or other reasons.

• Special attention shall be paid to the appearance of the cemeteries on the following days: Mothers Day, Memorial Day, Fathers Day, Easter, Veterans Day and the Fourth of July.

• No tractors or bush hog work shall be performed by the contractor. TECHNICAL SPECIFICA TlONS Page 2

• Grass adjacent to fixed objects, such as grave stones, monuments, etc. shall be trimmed to the same height as the general turf.

• Areas not accessible to mowers must be trimmed utilizing a weed-eater or similar trimming device. Special attention shall be paid to areas immediately adjacent to monuments, walls, fences, bushes, curbs, streets, paths, building, and other objects. The contractor will trim around headstones in such a manner as not to damage, mark or disfigure them.

• No headstone, grave marker, or any other monument in the cemeteries is to be disturbed. In the event of a disturbance, the City shall be immediately notified and it shall be the financial responsibility of the contractor to repair/correct any damage. If markers are knocked out of line, the contractor shall notify the City who will assist in properly replacing and aligning the markers.

• All grass clippings must be swept or blown from monuments, paths, mausoleums, sidewalks, and roadways immediately after mowing and/or edging, including in front of the department office in Femwood Cemetery.

• Care must be taken when mowing and trimming around trees so the bark is not damaged.

• No mowing or trimming shall be performed during funerals or within any adjacent section ifthere are visitors to gravesites.

• Any public concerns or comments received by the contractor shall be reported to the City within one day after receipt. The contractor response shall consist of an acknowledgement of the call and remediation of the problem.

• The contractor may leave clippings on the lawn as long as no readily visible clumps remain on the grass surface 36 hours after mowing. Otherwise, Contractor will distribute large clumps of clippings by mechanical blowing or by collecting and removing them.

• No herbicides or other chemicals to be used for grass and weed control shall be used without the expressed consent of the Parks Director or the Cemetery Superintendent.

• The contractor will keep all chain link fences free of weeds and vines. Turf at the base of chain link fences shall be kept neatly trimmed no taller than the surrounding turf. Vines and other vegetation shall not be permitted to grow on the fence.

• The vendor shall not park vehicles, trailers, or heavy equipment on turf areas or sidewalks without prior authorization from the City of Henderson. Do not block walks, drives, or parking areas during maintenance operations. TECHNICAL SPECIFICATIONS Page 3

Inspection and Acceptance of Work:

• The mowing schedule will begin on Friday and finish on Thursday of each week. On Friday of each week the cemetery's representative will conduct an inspection for payment of services completed in the prior week.

• The Contractor shall be responsible for notifying the cemetery's representative as soon as practical after all work is finished.

• The cemetery will notify the Contractor, in writing, of any work that is not deemed acceptable. The Contractor will have 72 hours to repair, replace, or redo the specified work. The Contractor will be responsible for all charges incurred.

• All work must meet the specifications of this agreement.

- End of Section -

06-01-141 MUNICIPAL ORDER ----

MUNICIPAL ORDER A WARDING BID FOR MOWING OF CITY CEMETERIES TO KNIGHT'S LANDSCAPING, LLC OF HENDERSON,KENTUCKY

WHEREAS, the City of Henderson has issued invitations to bid for mowing services for City cemeteries; and

WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on March 19, 2018 with Knight's Landscaping, LLC of Henderson, Kentucky, submitting the lowest bid, which bid the City Manager recommends be accepted.

NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and award is hereby made to Knight's Landscaping, LLC, P. 0. Box 114, Henderson, Kentucky 42420 for mowing services for Femwood, Fairmont and Mt. Zion cemeteries, in strict accordance with its bid as submitted pursuant to Bid Reference 18-18.

On motion of Commissioner , seconded by Commissioner ______, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood:

Commissioner Staton: Commissioner Vowels: Commissioner Pruitt: Mayor Austin: Commissioner Bugg:

INRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the __ day of March, 2018.

Steve Austin, Mayor ATTEST: Date: ------

Maree Collins, City Clerk

APPROVED AS TO FORM AND LEGALITY THIS di_ DAY OF MARCH, 2018. 17 By: awn S. Kelsey City Attorney UPCOMING BOARD APPOINTMENTS

BOARD EXPIRATION DATE TERM

MUNICIPAL HOUSING COMMISSION

Current Term Expires

Holly Vincent 09/30/2017 4-Year

UTILITY COMMISSION

Current Term Expires Term Lin Shannon 04/25/2018 3-Year Jennifer Howell 04/25/2018 3-Year

CIVIL SERVICE COMMISSION (Not more than two members from any one politfoal party-currently 2 democrat, 1 republican)

Current Term Expires Term Gian Miller (republican) 06/01/2018 3-Year Susan Sauls (democrat) 06/01/2018 3-Year

CITY-COUNTY PLANNING COMMISSION

Current Term Expires Term Mac Arnold 06/01/2018 4-Year

Meeting: 03/27/2018