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Board of Commissioners Meetings

Regular Meeting

Henderson, KY · April 9, 2019

AgendaMinutes

Minutes

52 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 9, 2019, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner X R. Royster, III Commissioner Bradley S. Staton Commissioner Austin P. Vowels ABSENT: Commissioner Patti Bugg ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Ms. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Ms. Holli Melton, Administrative Intern Mr. Heath Cox, Police Chief Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Ray Nix, Code Administrator Mr. Brian Williams, Public Works Director Ms. Brenda Wethington, Mass Transit Superintendent Mr. John Coomes, Human Rights Commission Mr. Michael Puckett, Human Rights Commission Mr. Jeff Gregory, Human Rights Commission Executive Director Ms. Lindsay Locasto, Downtown Henderson Partnership Executive Director Ms. Abby Dixon, Henderson Tourist Commission Executive Director Mrs. Theresa Richey, Development Liaison Mr. Mike Richardson, Reserve Police Officer Mr. Douglas White, the Gleaner ________________________ PROCLAMATION: “Fair Housing Month” MAYOR AUSTIN proclaimed the month of April 2019 as “Fair Housing Month” in Henderson, Kentucky, and urged all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. Jeff Gregory, Human Rights Executive Director, John Coomes, Human Rights Commission Chair, and Mike Puckett, Human Rights Commission member, were present to accept the proclamation. JEFF GREGORY, Human Rights Executive Director, thanked the Board for their continued support of fair housing and announced that he would be sending out details for a Fair Housing Workshop he is scheduling. ________________________ PRESENTATION: “Proposed Urban Walking Trail Project” ABBY DIXON, Henderson Tourist Commission Executive Director, and LINDSAY LACOSTO, Downtown Henderson Partnership Executive Director, came before the Board and tag-teamed a presentation of the proposed Urban Walking Trail Project. The Project came about due to visitors of the Handy Festival asking for walking trail information within our City and was 53 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 then discussed at a Community Branding Task Force meeting. The Lions Club was very generous and granted funding for the project. The Project consists of three trails that all begin at the new pocket park, The Perch. The first is an approximate one mile easy, flat, leisurely trail around Central Park so it is nice and shaded for our warm summer months. This trail will be marked by Snail stencils. The next trail is the Quail Trail which is approximately two and one- half miles and has moderately flat and accessible terrain around the downtown business district and the bird sculptures. The third trail, the Whitetail trail, is approximately five miles or 10,000 steps and is the most advanced utilizing the Riverwalk past the bike rental station in Atkinson Park. All of the trails will be branded and maps will be available to download on a smart device for those unfamiliar with the area. MAYOR AUSTIN thanked them for coming and presenting the Project and for partnering and collaborating on this Project that ties into so many aspects of enhancing our community for the health and happiness of our residents as well as our visitors. He also thanked the Lions Club for their support of the project. ________________________ PUBLIC HEARING: “HART 2019 FTA Grant Application” MAYOR AUSTIN declared the Public Hearing to solicit public comments on the potential use of the 2019 Federal Transit Administration Grant Application to order at approximately 5:40 p.m. and asked if any member of the public would like to comment on the funding application for assistance in the fixed route and demand response services, capital projects, and planning assistance activities for the Henderson Area Rapid Transit system. Hearing none, he declared the public hearing closed at approximately 5:42 p.m. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: February 26, 2019, Regular Meeting March 19, 2019, Work Session Motion by Commissioner Staton, seconded by Commissioner Royster, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 06-19: SECOND READ ORDINANCE AMENDING CHAPTER 7-BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE AND KENTUCKY RESIDENTIAL CODE, BY ADDING SEC. 7-20 SCHEDULE OF PERMIT AND INSPECTION FEES FOR COMMERCIAL RANGE HOOD AND EXHAUST SYSTEMS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON 54 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- 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. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 26-19 RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY’S OFFICE TO PROCEED WITH ACTION TO COLLECT OUTSTANDING DEBTS OWED TO THE CITY OF HENDERSON, INCLUDING JUDICIAL ACTION IF DEEMED APPROPRIATE DAWN KELSEY, City Attorney, indicated that this is formal action relating to a presentation she did previously to move forward with the mass foreclosure focusing on outstanding taxes as well as the new liens that were filed from the new Code Enforcement Board. She reported that her office has been working diligently to collect as many of those outstanding debts as possible prior to this lawsuit and while they have had some success there are still many unpaid. MOTION by Commissioner Staton, seconded by Commissioner Royster, to adopt the resolution authorizing and directing the city attorney’s office to proceed with action to collect outstanding debts owed to the City, including judicial action if deemed appropriate. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 27-19 RESOLUTION RESCINDING RESOLUTION NO. 122-15 REGARDING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF HENDERSON AND HENDERSON FISCAL COURT PERTAINING TO THE IMPOSITION, ADMINISTRATION, COLLECTION AND ENFORCEMENT OF A COUNTY-WIDE OCCUPATIONAL LICENSE TAX 55 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 MAYOR AUSTIN indicated that when Henderson County first implemented this tax, they contracted with the City to administer and collect those taxes through an Interlocal Agreement. Now they are set up with the proper computer system and staff to do their own program. MOTION by Commissioner Royster, seconded by Commissioner Vowels, to adopt the municipal order rescinding Resolution No. 122-15 relating to the Interlocal Agreement between the City and Henderson Fiscal Court pertaining to a County-wide Occupational License Tax. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 21-19 MUNICIPAL ORDER AWARDING BID FOR PURCHASE AND INSTALLATION OF A TWENTY (20) TON SPLIT AIR CONDITIONING SYSTEM FOR THE H.A.R.T. FLEET GARAGE TO WOODARD AND SONS, INC. D/B/A WOODARD COOLING AND HEATING OF HENDERSON, KENTUCKY, IN THE TOTAL AMOUNT OF $20,500.00 MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order awarding the bid for the purchase and installation of a twenty ton split air conditioning system for the HART garage to Woodard Cooling and Heating of Henderson, Kentucky, in the total amount of $20,500.00, in strict accordance with the bid as submitted pursuant to Bid Reference 19-17. COMMISSIONER STATON stated that it was nice to see award to a local vendor and that he hopes the trend continues. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- 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: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ 56 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 MUNICIPAL ORDER NO. 22-19 MUNICIPAL ORDER AWARDING BID FOR REPAIR OF COMMUNITY PARK RESTROOMS AND SHELTER TO ALLIED CONTRACTING GROUP OF MADISONVILLE, KENTUCKY, IN THE TOTAL AMOUNT OF $54,133.31 TRACE STEVENS, Parks, Recreation and Cemeteries Director, reported that a lightening strike fire damaged the structure in 2017. The project had been out for bid previously with no bids received. At that time Municipal Facilities was scheduled to do the repairs, but upon further evaluation determined that the damage was too extensive for them to repair which led to this bid. MOTION by Commissioner Vowels, seconded by Commissioner Royster, to adopt the municipal order awarding the bid for repair of the Community Park restrooms and shelter to Allied Contracting Group of Madisonville, Kentucky, in the total amount of $54,133.31, in strict accordance with the bid as submitted pursuant to Bid Reference 19-19. DISCUSSION WAS HELD relating to the budgeted amount-$25,000.00, the insurance recovery-approximately $10,000.00, and the need for a budget amendment of approximately $29,000.00; how the damage was caused; the amount of work needed; the number of people that use the park; the need for this repair; and that the contractor has 45 days from Notice to Proceed to complete the project. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- 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: April 09, 2019 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that he had two items to report on. The first item is the need for the regular April Work Session scheduled for 5:30 p.m., Tuesday, April 16th to discuss sanitation operations. The second item is to take a moment to acknowledge the passing of co-worker Mr. John Stier who worked in our Finance department for about 14 and one-half years. John was a hard working dedicated employee. ROBERT GUNTER, Finance Director, indicated that it was due to John’s dedication and hard work that we were able to accomplish a lot of the awards that the City has received over the years, as far as the CAFR and the budget awards. John was a good working brother and he will be missed. ________________________ COMMISSIONERS’ REPORT: MAYOR AUSTIN indicated that a Town Hall Work Session has been scheduled for Monday, May 6th at 5:30 p.m. at the Municipal Service Center in Corporate Park for discussion of the fairness ordinance. More information will be forthcoming relating to the format of that meeting. ________________________ 57 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 APPOINTMENT: Board of Zoning Adjustment: Mr. J. Landon Overfield – Term to Expire April 24, 2022 Motion by Commissioner Staton, seconded by Commissioner Royster, upon recommendation of Mayor Steve Austin, to appoint Mr. J. Landon Overfield to fill the unexpired term of Joseph E. Ternes, Jr. on the Board of Zoning Adjustment. Said term to expire April 24, 2022. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: ________________________ EXECUTIVE SESSION: Sale Real Property MOTION by Commissioner Staton, seconded by Commissioner Royster, pursuant to the provisions of KRS 61.810(1)(b) that the Board of Commissioners go into Executive Session for the purpose of the sale of property located on Second Street in that publicity would likely affect the value of the property to be sold for public use. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Royster, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ 58 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 09, 2019 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Royster, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 6:15 p.m. ___________________________ Steve Austin, Mayor ATTEST: April 23, 2019 ______________________ Maree Collins, CKMC City Clerk

Agenda

City of Henderson, Kentucky Board of Commissioners Tuesday, April 9, 2019 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: 6. Presentations: Carl Working - 2020 Census Update Tourisrn/DHP - Proposed Urban Walking Trail Project 7. Public Hearings: HART 2019 FTA Grant Application 8. Consent Agenda: Minutes: February 26, 2019 Regular Meeting March 19, 2019 Work Session 9. Ordinances & Resolutions: Second Readings: Ordinance Amending Chapter 7, Buildings and Building Regulations - Commercial Range Hood Inspection Fees First Readings: Resolutions: Resolution Authorizing Staff to Proceed with Action to Collect Outstanding Debts Owed to the City, Including Judicial Action if Appropriate Resolution to Rescind an Interlocal Agreement Between the City and Henderson County Fiscal Court Relating to the Collection of Occupational License Fees and Net Profits Tax Please mute or turn off all cell phones/or the duration of this meeting. 10. Bids & Contracts: Municipal Order Awarding for Purchase and Installation of a Twenty Ton Split Air Conditioning System for the HART Garage to Woodard Cooling and Heating of Henderson Municipal Order Awarding Bid for Repair of Community Park Restrooms and Shelter to Allied Contracting Group of Madisonville, Kentucky 11. Unfinished Business: 12. City Manager's Report: 13. Commissioner's Reports: 14. Appointments: 15. Executive Session: 16. Miscellaneous: 17. Adjournment Please mute or turn off all cell phones for the duration of this meeting. City Commission Memorandum 19-61 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager {)/}./(.} SUBJECT: Presentations Items scheduled under the Presentations section of the agenda are as follows: • Mr. Carl Working will be in attendance to report on recruitment for the various temporary job opportunities available for the 2020 Census. These positions feature competitive pay and flexible hours. • Ms. Abby Dixon, Henderson Tourist Commission Executive Director, and Lindsay Locasto, Downtown Henderson Partnership Executive Director will be in attendance to report on a proposed urban trail project that uses The Perch pocket park as a trail head. Promoting walkability, downtown engagement and wellness are some of the goals of the community branded trail project. Apply Online Now! ,f ® n , VIJO 1-855-JOB-2020 • Excellent pay • Flexible hours (1-855-562-2020) • Paid training Federal Relay Service: (800) 877-8339 TTY/ ASCII 0 Temporary jobs www.gsa.gov/fedrelay The U.S. Census Bureau is an Equal Opportunity Employer Form 0-482C September 2018 City Commission Memorandum 19-62 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager M/J SUBJECT: Public Hearing-HART 2019 FTA Grant Application An item for the agenda of Tuesday, April 9, 2019 is a public hearing to solicit public comments on the potential use of2019 FTA Grant Application funds. The FTA Section 5307 and Section 5339 grant application will assist in funding the HART FY 2019 fixed route and demand response services, capital projects, and planning assistance activities from the Evansville Metropolitan Planning Organization. The public hearing is being held to conform to grant requirements. c: Brian Williams Brenda Wethington Dawn Winn Matthew Schriefer, EMPO City Commission Memorandum 19-63 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager 1,-l{l# SUBJECT: Consent Agenda The Consent Agenda for the meeting of April 9, 2019, contains the following: Minutes: February 26, 2019 Regular Meeting March 19, 2019 Work Session 34 CITY OF HENDERSON - RECORD BOOK Record of Minutes o/__-----'A=-=R=e=-<gu=la=r'--_ Meeting on February 26, 2019 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 26, 2019, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Reverend Larry Butler, Victory Baptist Church, followed by Chapel Hill UMC Boy Scout Troup 280 and Pack 280 members leading recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner X R. Royster, III Commissioner Bradley S. Staton Commissioner Austin P. Vowels ABSENT: Commissioner Patti Bugg ALSO PRESENT: Mr. William L. "Buzzy" Newman, Jr., City Manager Ms. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Ms. Holli Melton, Administrative Intern Mr. Robert Gunter, Finance Director Mr. Heath Cox, Police Chief Mrs. Wendy Sugg, HPD Administrative Secretary Mr. Brian Williams, Public Works Director Mr. Sam Lingerfelt, Sanitation Superintendent Mr. Dylan Ward, Project Manager Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Greg Nunn, Information Technology Director Mr. Ray Nix, Code Administrator Mrs. Theresa Richey, Development Liaison Mrs. Donna Coomes, Administrative Secretary Mrs. Debbie Grant and Family & Friends Mr. Jason Freeman, Chapel Hill UMC Troop 280 Mr. C. J. Nasbitt, Chapel Hill UMC Troop 280 Mr. Warren Grove, Chapel Hill UMC Troop 280 Mr. Jake Hall, Chapel Hill UMC Troop 280 Mr. Heath Ford, Chapel Hill UMC Troop 280 Mr. Christian Mayes, Chapel Hill UMC Troop 280 Ms. Deborah Jackson Hoda, Henderson NAACP President Ms. Nicole Atkins, Henderson NAACP Secretary Reverend Larry Butler, Victory Baptist Church Mr. Mike Richardson, Reserve Police Officer Mr. Douglas White, the Gleaner Mr. Brandon Bartlett, WEHT, News 14 44 News and Camera Crew PRESENTATION: "35-Year Service Award" MAYOR AUSTIN expressed appreciation to School Crossing Guard Debbie Grant for her 35 years of service and dedication to the City of Henderson. 35 CITY OF HENDERSON - RECORD BOOK Record ofMinutes o/_ _~A~R~e-g___u_l~ar_ _ __ Meeting on ---~F~e~b=ru~a=ry--'-"'2~6~,=20~1~9 DEBBIE GRANT, School Crossing Guard stated that she enjoys her job and likes working for the City of Henderson. PRESENTATION: "25-Year Service Award" MAYOR AUSTIN expressed appreciation to Administrative Secretary Donna Coomes for her 25 years of service and dedication to the City of Henderson. DONNA COOMES, Administrative Secretary, thanked Mayor Austin and the Board. APPEARANCE OF CITIZENS: DEBORAH JACKSON HODA, President, Henderson National Association for the Advancement of Colored People, expressed her concerns relating to the recent discoveries of white supremacist Identity Evropa postings found in the downtown Henderson area. She indicated that she had received several calls relating to the postings and offered to meet with interested parties. She invited interested citizens to attend the NAACP meetings which are held the third Monday of each month at the Henderson Library at 6:00 p.m. ORDINANCE NO. 05-19: SECOND READ ORDINANCE AMENDING CHAPTER 22-TRAFFIC AND MOTOR VEHICLES AND CHAPTER25-WATERWAYS AN ORDINANCE AMENDING CHAPTER 22, TRAFFIC AND MOTOR VEHICLES, DIVISION 2-PARKING, SEC. 22-62-LIMITED FREE PARKING, AND SEC. 22-64-FINES; AND AMENDING CHAPTER 25, WATERWAYS, ARTICLE II-SECOND STREET BOAT LAUNCHING FACILITY, DIVISION I-GENERALLY, SEC. 25-26-REQUIRED; EXCEPTIONS, SEC. 25-27-DUE DATE, SEC. 25-28-ISSUANCE; TERM, SEC. 25-29-REGISTRATION STICKERS, SEC. 25-30-TRANSFER, SEC. 25-31-DISPOSJTION OF FUNDS, SEC. 25-32- REFUNDS, SEC. 25-33-PENALTY; AND ELIMINATING IN ITS ENTIRETY SEC. 25-34- WATERCRAFT LAUNCHING, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- 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: February 26, 2019 Maree Collins, CKMC, City Clerk RESOLUTION NO. 21-19 RESOLUTION GRANTING PROPERTY REASSESSMENT MORATORIUM FOR LISA AND BRIAN GLICK FOR PROPERTY LOCATED AT 120 NORTH ELM STREET, HENDERSON,KENTUCKY 36 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of__-----'A'--"--"R'""e"-'g:,..:u::c.ol=ar,___ Meeting on February 26, 2019 MOTION by Commissioner Staton, seconded by Commissioner Royster, to adopt resolution granting a property reassessment moratorium for property located at 120 North Elm Street owned by Lisa and Brian Glick. DAWN KELSEY, City Attorney, responded in the affirmative when asked by Mayor Austin if this application met all of the standards in the ordinance. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: February 26, 2019 Maree Collins, CKMC, City Clerk MUNICIPAL ORDER NO. 10-19 MUNICIPAL ORDER AWARDING BID FOR MOWING OF CITY PROPERTIES TO HOBGOOD LANDSCAPING, LLC OF OWENSBORO, KENTUCKY FOR GROUP A PROPERTIES MOTION by Commissioner Royster, seconded by Commissioner Vowels, to adopt the municipal order awarding the bid for mowing certain City properties known as Group A, to Hobgood Landscaping, LLC, of Owensboro, in the low bid amount of$2,545.00 per cut, in strict accordance with the bid as submitted pursuant to Bid Reference 19-08. TRACE STEVENS, Parks, Recreation & Cemeteries Director, when asked by Mayor Austin if he knew the owner of this company, he responded that he did not know the owner of Hobgood Landscaping but he does know the manager that attended the bid opening from when he worked for U.S. Lawns out of Owensboro. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: February 26, 2019 Maree Collins, CKMC, City Clerk MUNICIPAL ORDER NO. 11-19 MUNICIPAL ORDER AUTHORIZING PURCHASE OF ONE-HUNDRED (100) CASES OF AMMUNITION FROM KIESLER POLICE SUPPLY, OF JEFFERSONVILLE, INDIANA, AT THE STATE PRICE CONTRACT IN THE AMOUNT OF $20,994.60 37 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of_ _~A~R~e-gu_l_a_r_ _ __ Meeting on ____F_e_b_ru_a_ry~2~6~,_20~1~9 MOTION by Commissioner Royster, seconded by Commissioner Staton, to adopt the municipal order awarding the bid for the purchase of one-hundred cases of ammunition from Kiesler Police Supply of Jeffersonville, Indiana, for the Kentucky State Contract price of $20,994.60. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: February 26, 2019 Maree Collins, CKMC, City Clerk MUNICIPAL ORDER NO. 12-19: MUNICIPAL ORDER ACCEPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET AND CITY OF HENDERSON FOR CONSTRUCTION OF THE "KENTUCKYWIRED NETWORK" DAWN KELSEY, City Attorney, indicated that cities have the right to protect their public rights-of-way under the Constitution. She reported that the Commonwealth of Kentucky entered into an Agreement for the KentuckyWired Project. As a state project cities are no longer able to require a franchise agreement; however cities still have the authority to dictate how the project will be conducted in their rights-of-way. This MOU is very similar to most every MOU that cities of our size have entered into across the state as we are one of the last areas entering into this phase of the project. MOTION by Commissioner Vowels, seconded by Commissioner Royster, to adopt the municipal order accepting a Memorandum of Understanding between the Commonwealth of Kentucky Finance and Administration Cabinet and the City for construction of the "KentuckyWired Network." The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 26, 2019 Maree Collins, CKMC, City Clerk 38 CITY OF HENDERSON - RECORD BOOK Record of Minutes o/ _ ___:A....::....:R=e:..,::g;,.::u=la=r~_ Meeting on February 26, 2019 CITY MANAGER'S REPORT: WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, reported that bids were opened for the Watson Lane Bridge Replacement Project and they came in approximately $112,000.00 over the engineer's estimate. Funding in a Supplemental Agreement #3 for the construction phase of the project only allows for $70,000.00. The state requested that we not adopt the Agreement until further investigation and discussions could be conducted to provide additional SHN and/or TAP grant funds to help offset the overages in the cost of the project. BRIAN WILLIAMS, Public Works Director, reported that staff had been trying to be proactive in finding ways to save money and create revenues in light of the pending pension rate issues and the contractual increases with Daviess County for sanitation disposal fees. He indicated that late last year, staffing at the landfill was reduced by one to reduce costs. He explained that staff is recommending an annual one dollar per month increase from the current $17.00, which includes a $1.00 recycling fee, to $18.00 beginning July 1, 2019 with an automatic annual increase July 1st of each year for the next three years - making the fees $19.00 July 1, 2020; $20.00 July 1, 2021; and $21.00 July 1, 2022 for residential garbage collection and disposal. The recommendation for the Residual/CDD Landfill rates would be to increase the current $25.00 per ton, charged in 400 pound increments of $5.00 per 400 pounds to $30.00 per ton, charged in 400 pound increments of$6.00 per 400 pounds with an automatic rate increase of $5.00 to $35.00/$7.00 effective July 1, 2020. Further, no rate changes are recommended for the Henderson County Commercial or Out-of-Henderson County Commercial rates at this time. The Transfer Station Solid Waste Disposal rate of $38.75 per ton includes the $1.75 Environmental Remediation Fee and became effective July 2011 under the previous operator's contract. It is proposed to increase the fee to $40.00 per ton with automatic $1.00 per year increases for the next two years-making the fees $41.00 in 2020 and $42.00 in 2021. The current $35.00 per month rate for a once-weekly 2-yard dumpster pick-up with each additional pick-up of $30.00 has been effective since July 1995. The new proposed fees would be $40.00 for the first weekly pick-up and $35.00 for each additional pick-up. Due to our Residual/CDD Landfill closure and the prices in the current disposal contract, the fees relating to free storm debris pick-up may need to be addressed. The Special Heavy Trash and/or Brush Pick-up charge of $20.00 has also been in effect since July 1995 and is proposed to increase to $25.00 for a small load, or one-ton dump truck load; and $50.00 per large, or single axle dump truck load. Further is it recommended that the weight of the materials may determine additional disposal fees. DISCUSSION WAS HELD relating to the current and proposed fees; the uncertainty of the Daviess County Contract increase amounts; the reason for not recommending an increase in Commercial rates; the amount of commercial waste-commercial tonnage has stayed fairly steady, but CDD has lost 55 to 60% due to the fees; the amount of increased revenue projected; the cost of the trucks; replacement schedule of replacing one truck every other year; the number of residential customers served-approximately 12,000; possibly only raising residential rates the one year and revisiting the issue at a later date instead of the automatic increases over the next three or four years; if there were any plans to move toward automating pick-up; and the cost to pick-up and dispose of storm debris. It was determined that staff would gather more information on the amount of storm debris disposed of and other specifics on costs vs. revenue to be presented at a future date and that the ordinance would not include an automatic rate increase. GREG NUNN, Information Technology Director, reported that the Information Technology department recently took over operations of the media equipment for the assembly room. He explained that the current analog system is more than fifteen years old and while it still works, it has issues when converting to digital medias for live streaming and other things. The analog video is grainy and is sometimes distorted on television screens. His recommendation is to upgrade the equipment with a digital system with a 32 channel digital mixer, instead of the 16 and 12 channel mixers that are currently being used in order to accommodate the microphones that we need, coupled with a video matrix device, two new 1080p cameras that could be upgraded to 4k and beyond in the future, on state pricing contract of 39 CITY OF HENDERSON - RECORD BOOK Record of Minutes o/_ _""'A"""'R=e"'"gu=l=a=--r_ _ __ Meeting on ------=F'---'e;;..:;b;.::..ru=a=ry..i.--:2=6-"-,=20-"--"-"---19 $25,860.00. He also recommended upgrading the audio with new wireless microphones and installation of the audio mixer at a cost of $4,989.20 for a total project cost of $30,849.20. DISCUSSION WAS HELD regarding where the funds would come from-Mr. Nunn suggested using surplus funds from a completed project in this fiscal year's budget; how long this system would be expected to be relevant-at least 10 years; that project surplus funds should not be used when Reserve funds are being utilized on other projects; that the project could be discussed and reviewed for inclusion in the upcoming budget year; trends of how people get their news, television and other media formats; and that there is no doubt that the equipment needs to be upgraded, but more information needs to be gathered for how and what is needed to best suit the needs of our community. HEATH COX, Police Chief, gave a brief report on crime statistics for 2018 in Henderson. He indicated that there were a total of2,300 reported crimes in 2018 which was the third lowest since 2010 recorded in CompStat (short for Compare Statistics). He reported that each Monday staff meets to review and discuss emerging trends and patterns to better utilize allotted manpower. He indicated that reported crimes in the East sector of town were down approximately 2% with 550 reported, indicating that it is trending downward since at least 2013. He then gave an overview of the 2018 year reporting that last year was the third lowest number of crimes, the fourth highest number of DUI arrests, the highest number of calls for service with 34,597 just for HPD-which was up over 6,000 calls from the previous year, drug related arrests were up by more than 100 from 2017, the fourth lowest collision totals, and the second highest dispatched calls for service with 66,149 calls to the 9-1-1 center. Chief Cox also indicated that his department has been taking a more patient longer term investigative process to apprehend not only the drug dealers, but their suppliers as well. He further indicated that there was a renewed emphasis in Warrant Service. DISCUSSION WAS HELD relating to the number of calls to the 9-1-1 center that are from cell phones vs. landline phones and what that means to the community in revenues for that system; how many calls come in from cell phones relating to the same incident; and if and how these reports should be conducted in the future. The Commissioners determined that they would like a verbal report/presentation on a quarterly basis from the police chief. WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, reported that the Municipal Facilities division has relocated their operation from the former Fire Station #3 which was located on Helm Street to the former Public Works facility on Fifth Street and asked for consideration to declare the Helm Street property as surplus real property to be disposed of by evaluated bid. DISCUSSION WAS HELD regarding if there was still a natural gas station on the property-yes, but the Gas System Director indicated that it would not be an issue for a future use or it could be relocated; if the Firefighters had been contacted since they had inquired about that location a few years ago; that there are three ways to dispose of surplus property-transfer it to another governmental agency, sell it by auction or sell it through the sealed bid process; that the FOP currently leases another former fire station-which had to have a new roof in recent years; the condition of the building-roof and other issues, not cost effective to refurbish for lease; and is it possible for the firefighters to lease the building if they have funds to refurbish it-yes under certain written conditions. No action was taken with the understanding this request would be brought forth at a meeting in March. COMMISSIONERS' REPORT: COMMISSIONER STATON indicated that he had been contacted regarding the HMP&L policy to not repair/replace streetlights in alleyways. He expressed his concerns for the safety and welfare of those that use alleyways daily to get to and from their homes within the city. 40 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of_ _~A~R=e'""g=u=la=r_ _ Meeting on February 26, 2019 Alleyways in the East End of town are used like streets in many instances and removing those lights could compromise all of the good works that have been done in that area. He indicated that he believes that the policy needs serious reconsideration and planned to attend the Utility Commission meeting scheduled for 5:00 p.m. on April 1•t_ COMMISSIONER VOWELS indicated that he did not bring this up during the discussions on trash collection because it is a completely separate issue. He has been contacted regarding the issue of the quality of trash collection-more specifically half emptied cans, trash strewn around yards and streets, cans thrown out into the street and things of that nature. DISCUSSION WAS HELD regarding gathering information on locations so that the issue can be addressed-it was suggested to ask for the block they live in if the person doesn't want to give an address; that sometimes the culprit is neighborhood animals and/or the wind and weather conditions - sometimes it is the fault of the collector; the Sanitation Superintendent reported that when he is made aware he addresses these issues with the specific truck crew and has them clean up or address the issue; that there is a 50 pound limit for crew members to lift- they are instructed to take out the bags and may sometimes miss one in the very bottom; that upgrading equipment to an automated system would eliminate the weight limit issue; that quality concerns come more to the forefront when there are discussions of raising collection/disposal fees; and discussion on what an acceptable trash receptacle is-a bag or can designed for the purpose of trash receptacle. MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Staton, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin - - - - - Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 6:50 p.m. ATTEST: Steve Austin, Mayor April 9, 2019 Maree Collins, CKMC City Clerk 41 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Work Session Meeting on March 19, 2019 There were present Mayor Steve Austin presiding. PRESENT: Commissioner X R. Royster, III Commissioner Austin P. Vowels ABSENT: Commissioner Patti Bugg Commissioner Bradley S. Staton CITY STAFF MEMBERS included William L. "Buzzy" Newman, Jr., City Manager; Dawn Kelsey, City Attorney; Maree Collins, City Clerk; Donna Stinnett, Public Information Officer; Holli Melton, Administrative Intern; Robert Gunter, Finance Director; Dawn Winn, Assistant Finance Director; Heath Cox, Police Chief; Scott Foreman, Fire Chief; Jeremy Baxter, Assistant Fire Chief; Chris Watson, Fire Lieutenant; Station #2 and Other Fire Personnel; and Mike Richardson, Reserve Police Officer. ALSO PRESENT: Douglas White, The Gleaner THE FOLLOWING AGENDA ITEMS WERE DISCUSSED: 1. Fire Station Study Update ✓ Fire Chief Scott Foreman gave a brief overview of the department and its mission. He reported on the purchase of properties located on the Second Street corridor for use as a new fire station location under a three station concept. Scott indicated that he and staff have reviewed the three station concept maps along with upcoming ISO rating requirements, equipment and personnel requirements and concluded that it is best to stay with a four station concept to best serve the community. ✓ The number of medical calls that are handled each year. ✓ The age, condition and deficiencies of both Station #2 and Station # 1; the age and condition of firefighting equipment; and the amount of equipment carried on each truck for the varying types of services provided. ✓ Mutual Aid Agreements with other local departments. ✓ Lt. Watson reported on the anticipated growth with I-69, Colonial Assisted Living and future annexations. He explained the basics of the response time to a fire and the home fire timeline. Within 1.5 minutes or less, deadly heat, flames and smoke build and flashover occurs within 3 to 5 minutes. Lt. Watson went on to explain Modem vs. Legacy Timelines which refer to the differences in modem vs. older building materials and building techniques; larger homes with more open spaces; and petroleum based furnishings. All of these things combine to increase fire propagation, shorter time to flashover with shorter escape times. ✓ Existing four station and proposed three station mapping areas were detailed with both current stations and new proposed stations. ✓ Road miles of each area and best available routes to be used for each area were discussed. ✓ The cost to replace two stations, two to three engine trucks and catching up on equipment replacements were estimated to be approximately $10 million. ✓ Long term plan is that one bond will be paid off in 2022 allowing for bonding of capital items which include a fire station. A bond anticipation note could be issued in 2021 with bond financing to occur in 2022. ✓ If staying with four station concept the issue becomes which one of the stations to replace first. ✓ Evaluate all options of current properties, best locations, how to finance. NO FORMAL ACTION WAS TAKEN BY THE BOARD OF COMMISSIONERS. 42 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Work Session Meeting on February 19, 2019 MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Vowels to adjourn. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Absent: Commissioner Vowels --- Aye: Commissioner Bugg ----- Absent: Commissioner Royster -- Aye: Mayor Austin ------------- Aye: WHEREUPON Mayor Austin declared the work session adjourned at approximately 7:00 p.m. ATTEST: Steve Austin, Mayor April 9, 2019 Maree Collins, CKMC City Clerk, City Commission Memorandum 19-64 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager µ/J~ SUBJECT: Amending Chapter 7, Buildings and Building Regulations An item for the agenda of the Tuesday, April 9, 2019 is final reading of an ordinance amending Chapter 7, Buildings and Building Regulations, Article II, Building Code and Kentucky Residential Code, by adding Section 7-20, Schedule of Permit and Inspection Fees for Commercial Range Hood and Exhaust Systems of the Code of Ordinances. The Kentucky Building Code has been revised to exclude inspections for commercial range hood exhaust systems leaving these plan reviews, inspections and permitting to be done on the local level. The proposed amendment designates the Code division with the responsibility of inspection and permitting those systems and further establishes plan review fees, and inspection and permit fees. Your approval of the attached ordinance is requested. c: RayNix ORDINANCE NO. 06-19 ORDINANCE AMENDING CHAPTER 7- BUILDINGS AND BUILDING REGULATONS SUMMARY: AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE AND KENTUCKY RESIDENTIAL CODE, BY ADDING SEC. 7-20 SCHEDULE OF PERMIT AND INSPECTION FEES FOR COMMERCIAL RANGE HOOD AND EXHAUST SYSTEMS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON WHEREAS, the Kentucky Building Code revised 815 KAR 8 :080 on Inspections of Heating, Ventilation, and Air Conditioners to exclude inspections for commercial range hood exhaust systems leaving these plan reviews, inspections and permitting to be done on the local level; and WHEREAS, the City of Henderson has an interest in ensuring that commercial range hoods and exhaust systems meet the appropriate building codes. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Chapter 7, Buildings and Building Regulations, Article II, Building Code and Kentucky Residential Code is hereby amended by adding Sec. 7-20. Schedule ofpermit and inspection fees for commercial range hood & exhaust of the Code of Ordinances of the City of Henderson as follows: Sec. 7-20. - Schedule of permit and inspection fees for commercial range hood & exhaust systems The Codes department of Henderson shall review plans for, inspect, and issue permits for all commercial range hood exhaust systems installed in structures in the City of Henderson. The plan review, inspection, and permit fees are as follows: (a) Plan review fees. Commercial range hood plan review fee is $225 per hood (includes range hoods and suppression system plans). All commercial range hood plans, including range hood and suppression systems plan, must be submitted and reviewed by the codes department of the City of Henderson. Commercial range hood extinguishing system plans review is $150 when the range hood extinguishing system is submitted separate from the range hood systems. (b) Inspection and permit fees. Inspection and permit fees shall be imposed by the codes department of the City of Henderson according to the following schedule, and no permits will be issued until these fees imposed hereunder have been paid. $2,000 value or less $ 125.00 fee $2,001 - $10,000 value $ 180.00 fee $10,001 - $25,000 value $ 270.00 fee PUBLICAT ~ ~ E - $50,000 value $ 330.00 fee FIRST READ: 03/26/2019 SECOND READ: ORDINANCE NO. 06-19 ORDINANCE NO. 06-19 (CONT.) All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner Bugg , seconded by Commissioner Royster , thatthe ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: AYE Commissioner Royster: AYE Commissioner Vowels: AYE Mayor Austin: AYE Commissioner Bugg: AYE WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. On second reading of the ordinance, it was moved by Commissioner _ _ _ _ _ _ _ _ _ _ _ , seconded by Commissioner _ _ _ _ _ _ _ _ _ _ _ , that the ordinance be adopted. On roll call the vote stood: Commissioner Vowels: Commissioner Staton: - - - - Commissioner Bugg: Mayor Austin: Commissioner Royster: 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, CK.MC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _/j_ DAY OF MARCH, 19. By: City Attorney -2- ORDINANCE NO. 06-19 City Commission Memorandum 19-65 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners _ J FROM: William L. "Buzzy" Newman, Jr., City Manager ~A/ SUBJECT: Collection of Outstanding Debts Owed to City The accompanying resolution authorizes and directs the City Attorney's office to proceed with action to collect outstanding debts owed to the City, including judicial action if deemed appropriate. As you are aware the City has continued the process of demolition, maintenance and cleanup of abandoned and dilapidated properties for a number of years now. The City has acquired liens for the costs of this work as well as the outstanding delinquent taxes on properties. This action will allow the initiation of collection of outstanding debts. Your approval of the attached resolution is requested. c: Dawn Kelsey Robert Gunter Ray Nix RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE TO PROCEED WITH ACTION TO COLLECT OUTSTANDING DEBTS OWED TO THE CITY OF HENDERSON, INCLUDING JUDICIAL ACTION IF DEEMED APPROPRIATE. WHEREAS, the City of Henderson has reviewed the outstanding delinquent tax roll which indicates that there are numerous property taxes that are outstanding and delinquent; and WHEREAS, the City has incurred much expense in the demolition, maintenance and cleanup of abandoned and dilapidated properties, for which it has acquired liens for the costs of such work; and WHEREAS, the City of Henderson proposes to pursue collection of the outstanding debts and expenses, including judicial action if deemed appropriate. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the Mayor, is hereby authorized and directed to initiate action to collect outstanding debts and expenses incurred by the City, including judicial action if deemed appropriate, and that the Mayor, City Manager, City Attorney and appropriate staff members are hereby authorized to sign any and all documents deemed necessary to the furtherance of the authority outlined herein, including the hiring of outside counsel to collect these debts. On motion of Commissioner_ _ _ _ _ _ _ _ _ _, seconded by Commissioner - - - - - - - ' that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Vowels: Commissioner Staton: - - - Commissioner Bugg: Mayor Austin: Commissioner Royster: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor Date: ---------- ATTEST: Maree Collins, CKMC, City Clerk 1 APPROVED AS TO FORM AND LEGALITY THIS 2.;}!JAY OF MARCH, 2019. / By:__,.,LfLL~~Lg~~~ " Da S. Kelsey City Attorney 2 City Commission Memorandum 19-66 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager µ/J~ SUBJECT: Rescission of Interlocal Agreement - Administration of Henderson County Fiscal Court Occupational License Fees and Net Profits Tax The accompanying resolution rescinds the resolution approving an Interlocal Agreement with Henderson County Fiscal Court regarding the imposition, administration, collection and enforcement of a County-wide Occupational License Fee and Net Profits Tax. Henderson County Fiscal Court and the City entered into an Agreement in November of 2015 relating to the administration and collection of the county's Occupational License Fees and Net Profits Tax. The County has requested to rescind that Agreement and take full responsibility for billing and collecting the Occupational License Fees and Net Profits Taxes for those firms that do business in the county and outside the city limits. The terms of the Agreement are from year to year with one year automatic renewals, unless terminated by either party with at least ninety days advance notice of the date of expiration of the term. The County has requested to terminate the Agreement as of the last day of the 2019 fiscal year. Your approval of the attached resolution is requested. c: Robert Gunter Dawn Winn RESOLUTION NO. - - - - RESOLUTION RESCINDING RESOLUTION NO.122-15 REGARDING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF HENDERSON AND HENDERSON FISCAL COURT PERTAINING TO THE IMPOSITION, ADMINISTRATION, COLLECTION AND ENFORCEMENT OF A COUNTY- WIDE OCCUPATIONAL LICENSE TAX WHEREAS, on November 24, 2015, the City adopted Resolution No. 122-15 whereby the City of Henderson and the Henderson County Fiscal Court entered into an Interlocal Agreement for the collection of Occupational License Fees and Net Profits Tax Agreement; and WHEREAS, the County requested and the City agreed to provide for the administration and collection of the county's Occupational License Fees and Net Profits; and WHEREAS, by letter dated April 2, 2019 from the Henderson Fiscal Court, the county wishes to take full responsibility for billing and collecting the Occupational License Fees and Net Profits Taxes for those firms that do business in the county and outside the city limits; and WHEREAS by rescinding Resolution 122-15, the County will take over this process on July 1, 2019; and the City Manager recommends to rescind the Resolution, thereby repealing the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is approved, and Resolution 122-15 regarding an Interlocal Agreement between the City of Henderson and Henderson Fiscal Court for the imposition, administration, collection and enforcement of a county-wide occupational license tax is hereby rescinded. On motion of Commissioner _ _ _ _ _ _ _ _ _, seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Vowels: Commissioner Staton: - - - Commissioner Bugg: Mayor Austin: Commissioner Royster: Steve Austin, Mayor ATTEST: Date: ------------ Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS DAY OF APRIL, 2019. By: Dawn S. Kelsey City Attorney OFFICE OF THE COUNTY JUDGE/EXECUTIVE COURTIIOUSE 20 North Main Street, Suite 300 KURT WIESEN Henderson. Kentucky 42420 Al >MINlSTR.A,TlVE 1\SS ISTA;\Jl FISCAL COURT CLERK BRAD SCHNEIDER PHONE (270) 826-3971 FAX (270) 827-6002 HENDERSON COUNTY JUDGEEXECLTIVI' ANGELA COMER bsc hncidcr@hcndcrsonky.us l lL'\L\l\ RESOURCE SPl:CI.\LIS I April 2. '.Wl9 Hon. Steve Austin. Mayor City of Henderson City Building Henderson. KY 42420 Mayor Austin After discussions with members of I lenderson County Fiscal Court and our County Occupational Tax Administrator. we respectfully request to he released from the lnterlocal Agreement for the Collection of Occupational J,iccnsc Fees and Net Profits Tax Agreement dated November 24, 2015. Fiscal Court has voted to take full responsibility for billing and collecting the occupational and net profits taxes for those firms that do business in the county outside the city limits. We very much appreciate the city's help in collecting those taxes frn us the last t\vo years. The process has been smooth. primarily due to the work or city staff members. llenderson County will take over this process on July I, 2019, the first day of the new fiscal year. Our Occupational Tax Administrntor, Brent Heppner, has been very complimentary of the assistance he's gotten from city personnel in learning the ins and outs of their work and whut hL· can expect when he takes over. In that n:gard. I'd kindly ask that even after July l the city team be ,,v,iilable to answer any ongoing questions he might have as he builds up our own resources and infrastructure to handle collecting these taxes. Once you have acknowledged and authorized this release, a letter will he dratlcd to DLG to notify them. Please contact me if this poses a problem. Sincerely. ,/ ,•""'' County Judge/Executive City Commission Memorandum 19-67 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, City Manager M,1\/ SUBJECT: Purchase of Air Conditioning Systems The accompanying municipal order awards the bid for the purchase and installation of a 20-ton split air conditioning system for the HART Fleet Garage from Woodard and Sons Inc. d/b/a Woodard Cooling and Heating, Henderson, Kentucky in the amount of $20,500.00. Bid packages were sent to seven vendors, with five bids received. The bid of Woodard Cooling and Heating fully complies with the bid specifications and award is recommended accordingly. The project consists of one 20-ton dual circuit, 2-stage condensing unit to be located outside the building on the Fourth Street side; a 20-ton air handler with DX cooling coils that will be installed on top of the break room; all refrigerant line sets; condensate drains; louver hail guards; programmable multi-stage thermostat; and at least one year warranty on parts and labor, and five years on compressors. The City will furnish all high voltage wiring and conduit and electrical disconnect boxes. Sufficient funds are available in the Fiscal 2019 budget for this purchase. Your approval of the attached municipal order is requested. c: Brian Williams Brenda Wethington Terry Stone Dawn Winn Public Works Me1norandum 19-07 March 29, 2019 To: William L "Buzzy" Newman Jr., City Manager From: Brian Williams, Public Works Director pj Brenda Wethington, Transit Superintendent Subject: Bid Reference No. 19-17 H.A.R.T. Fleet Garage A/C Project Bids opened March 29, 2019 were as follows: Woodard and Sons $20,500.00 T and G Heating and Air $22,975.00 Mike Owens Heating and Air Conditioning, Inc $23,601.00 Four Star Mechanical Solutions, Inc. $25,949.00 J.E. Shekell, Inc. $28,236.00 This bid is for a/c in the H.A.R.T. transit garage. I recommend that Bid Reference No. 19-17 in the amount of $20,500.00 be awarded to Woodard and Sons, Inc. Henderson, KY. a::: CITY OF HENDERSON, KENTUCKY 0 <( _J BID TABULATION SHEET z ocj <( a::: Cl (.) (I) z z- (.) z<( <( 0 BID REFERENCE NO.: 19-17 0 z (I) >- ~z w->- I (.) z-z <(>- (.)(.)~ c~ I <.9~ LU -I Cl ~ DATE BID OPENED: 03/29/19 z ~ (/) z - ~ _J - ::f-- z_z- <(Z z-Z -~ LU LU APPROVAL DATE: cO a: (I) LUZO sow a:::(/)<( <( Z0 ~ ::l LU - ~g LU Ct'. < a: -a::: I- 0 a::: Qt: LU i= LU I> ILU cW (I) (/) (/) QC LUOO ~zz a::: ::> > z Cl o ACCEPTANCE FORM SENT: oz -OLLI ::> _J <( OOLU . <( LU > ocj r5 3: ~ ~(.)I LL (I) CO -:i LU I- I $22,975.001 Lump sum for H.A.R.T. Fleet Garage AC Project $20,500.00 $23,601.00 $25,949.00 $28,236.00 no bid bond Other Bidders Contacted: Bids Opened ~ecorded By: Bids Reviewed By: ~~~ On-Time One Hour Heating & Air Conditioning; Hager & Sons Heating & Air Conditioning Dawn Winn Brenda Wethington Leigh Anne Herron Terry Stone ~~ 06-01-14H City of Henderson, Kentucky Invitation to Bid Bid Reference No. 19-17 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Davis Bacon and Other Federal Regulations: Due to the funding for this project, Davis Bacon prevailing wages shall be paid for all work performed. Job board for wage posting to be furnished and erected by contractor. Also, federal contract provisions must be followed by the contractor. The applicable wage rates and federal contract provisions are enclosed and incorporated herein by reference. Bid Bond: Bid Bond in the form of a bank draft, certified check, or a satisfactory bond executed by the Bidder or a surety company in the amount often percent (10%) of the Contract Price, payable to the City of Henderson, shall be submitted with each bid. Failure to include the bid bond shall result in rejection of the bid. Performance and Payment Bonds: The successful bidder must furnish, within seven (7) days of notice of bid award, a performance bond equal to 100% of the contract price, as well as a payment bond equal to 100% of the contract price. Failure to supply the performance bond will result in forfeiture of the bid bond. Failure to comply with the provisions of the plans and specifications will result in forfeiture of the performance bond. All bonds must be in a form acceptable to the City of Henderson. The performance bond shall be held for a one-year guarantee period, at which time, it will be released if no defaults are found. The payment bond will be released as soon as the contractor has certified to the City that all material and labor used on the project have been paid for. All bids shall remain in effect for sixty (60) days from date of opening. Payments and Retain-ages: Payment will be made as follows: Upon receipt of an itemized invoice, the work will be inspected and all paper work will be validated by Terry Stone of the Public Works/Municipal Facilities department. The invoice will then be paid. A ten (10%) retain-age of the invoice amount will be held until all work has been completed and accepted by the City, and Warranty Certificates have been delivered to the City. The City's sales tax exemption status may not be used by the bidder to acquire materials or supplies on a sales tax exempt basis. Any sales taxes or other taxes incurred by the bidder remain the responsibility of the bidder. It is assumed that all such costs incurred by any bidder are included in his bid price. Insurance: During the term of the contract and before any part of the services are performed or the goods are delivered, Bidder shall, at Bidder's sole expense, cause to be issued and maintained not less than the insurance cove-rages set forth below: SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page2 A. Broad Form Comprehensive General Liability, including Products and Completed Operations. Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate Property Damage: $1,000,000 each occurrence B. Automobile Liability, including any auto, hiring autos and non-owned autos. $300,000 combined single limit C. Workers Compensation for all employees used on the job pursuant to statute. Certificates of insurance, issued by companies authorized to do business in the state of Kentucky, satisfactory in form to the City and signed by the Bidder's insurer shall be supplied by Bidder to the City evidencing that the above insurance is in force and that not less than thirty (30) calendar days written notice will be given to the City prior to any cancellation or restrictive modification of the policies. Bidder shall replace any cancelled policy within the thirty (30) day notice period so that there is no lapse in coverage at any time during the period covered by this contract. The successful bidder will be required to obtain a City of Henderson occupational license before beginning any work on this project. The successful bidder shall comply with all applicable local, state and federal rules, regulations and guidelines. Any permits, fees, or bonds required for this project are considered incidental to the work required for this project and no direct payment will be made for same. Questions and Site Visits: Any questions about the intent of these specifications or a visit to the project site shall be directed to Terry Stone, Municipal Facilities Superintendent, at 270-831-1200, ext. 2210. Any questions about the City's bid procedures or requirements shall be directed to Dawn Winn, Assistant Finance Director, at 270-831-1200. SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 3 Mandatory Pre-Bid Conference: There will be a formal mandatory pre-bid conference at the site. All bidders are required to Attend. Failure to attend will result in automatic rejection of that vendors bid. H.A.R.T., FLEET GARAGE AIR CONDITIONING SYSTEM PROJECT The City is requesting Proposals for the furnishing and installation of one (1) - 20 ton split A.C. System. This new system will be located in the Fleet Garage at The Henderson Area Rapid Transit Facility at 401 North Elm Street, Henderson, KY. It shall include all equipment, lifting devices, materials, inspections, and labor, for the installation of this system. This unit will be a new install not a replacement of an existing one. This facility is in operation 6 am to 6 pm Monday thru Saturday. In No way can this project hinder their operations. The City staff will work with the successful contractor so everyone can get their job done in a timely manner. Equipment: (1)-"CARRIER" 20 ton, Dual Circuit, 2 stage Condensing Units, Unit shall be a model (38AUDA25AOA6) or a "TRANE" Equal only. (1 )- "CARRIER" 20 ton, AIR Handlers with DX Cooling Coils, Unit shall be a model (40RUAA25A5Al) or a "TRANE" Equal only. Equipment Location: (see drawing) • Condensing unit will be located outside the I st overhead door on the Fourth street side of the building next to the other units. • Air handler will be located on top of the Breakroom. All guard rail work is the contractor's responsibility. Included with the units shall be: • Refrigerant Line sets; • Condensate drains ran to the outside, with overflow safeties; • Louver Hail Guards on condensing units; • New Programmable Multi-Stage Thermostat and conduit and wiring; • Insulated sheet metal Supply Plenums with diverter so air can be directed into the existing make up air heat system duct work. The make-up unit is no longer being used. • All needed sheet metal; • All Units are to be installed in locations as shown on included the drawing; • Warranty to be at least one (1) year parts and labor, and five (5) years on Compressors; SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page4 City of Henderson will Furnish: • All High Voltage wiring and Conduit; • Electrical Disconnect Boxes; All work is to be incompliance with all applicable codes and all permits furnished as part of the Proposal. Bidder Requirements: All bidders shall have a minimum of five years experience performing this type of work and have the ability to furnish one or more certified crews until the job is completed once started. Field Verification: Included Drawing is for reference Only All aspects of this project shall be verified by the contractor. This includes all voltages, measurements and conditions of the areas of work for this project. On Site Area for Contractor: The City will designate an uncovered area on the site to be used by the contractor. The contractor will be responsible for keeping it safe and secure. Submittals: Submittals for all materials shall be given to Terry Stone, Municipal Facilities Superintendent, for approval. Site Clean-up: The contractor is responsible for the cleaning and restoration of the site and all effected areas to the condition they were in when the projected started. • Include Lead Time from P.O. for delivery of units and install time frame. City contact for this proiect is: Terry Stone, (270)831-4910 or (270)860-2072 M!ZZA~INE nm. co~r,rss1Nc UNIT ~ ~ :l" H.A.R.T. NOTTO SCALE 4th ST, - End of Section MUNICIPAL ORDER _ __ MUNICIPAL ORDER AWARDING BID FOR PURCHASE AND INSTALLATION OF A TWENTY (20) TON SPLIT AIR CONDITIONING SYSTEM FOR THE H.A.R.T. FLEET GARAGE TO WOODARD AND SONS, INC. D/B/A WOODARD COOLING AND HEATING OF HENDERSON, KENTUCKY, IN THE TOTAL AMOUNT OF $20,500.00 WHEREAS, the City of Henderson has issued invitations to bid for the purchase and installation of a twenty (20) ton split air conditioning system for the H.A.R. T Fleet Garage; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on March 29, 2019, with Woodard and Sons, Inc. of Henderson, Kentucky, submitting the best bid; and WHEREAS, the City Manager recommends that the bid 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 Woodard and Sons, Inc., d/b/a Woodard Cooling and Heating, 1500 S. Green Street, Henderson, Kentucky 42420 for the purchase and installation of a twenty (20) ton split air conditioning system at the H.A.R.T. Fleet Garage in the total amount of $20,500.00, in strict accordance with their bid as submitted pursuant to Bid Reference 19-1 7. On motion of Commissioner _ _ _ _ _ _ _ _ _, seconded by Commissioner _ _ _ _ _ _ _ _ __., that the foregoing Order be adopted, the vote was called. On roll call the vote stood: Commissioner Vowels: Commissioner Staton: - - - Commissioner Bugg: Mayor Austin: Commissioner Royster: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ day of April, 2019. Steve Austin, Mayor ATTEST: Date: - - - - - - - - - - - - Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS DAY OF APRIL, 2019. By: Dawn S. Kelsey City Attorney City Commission Memorandum 19-68 April 4, 2019 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager /<t!ltv' SUBJECT: Purchase - Community Park Shelter Repair The accompanying municipal order awards the bid for the repair of the Community Park shelter and restrooms to Allied Contracting Group, Madisonville, Kentucky, in the total amount of $54,133.31. As some of you may be aware, the restrooms at Community Park were damaged by a fire in July 2016. Bid requests sent out in the past received no responses. The scope of work covered under this contract includes, but is not limited to: repair of plumbing and electrical fixtures, restroom stalls, entrance door locking deadbolt mechanisms, all walls, ceilings and any other smoke or fire damage in the men's and women's restrooms and the storage closet; and replacement of the shelter roof. The bid also requires a Performance and Payment Bond. In addition an Alternate Option was included for repair and stabilization of the shelter legs. Bid information was sent to nine vendors, with two responses received. The low base bid from Allied Contracting of $51,030.00 plus $1,403.31 for the Bond meets all specifications; however, the bid is more than double the budgeted amount due to the structures deteriorated condition. A future budget amendment of $29,133.31 will be necessary for funding the remainder including the recommended Alternate Option of $1,700.00 for stabilization of the shelter. Your approval of the attached municipal order is requested. c: Trace Stevens Ray Nix Robert Gunter Dawn Winn Park and Recreation Memorandum 19-06 April 02, 2019 TO: William Newman, City Manager Robert Gunter, Finance Director FROM: Trace Stevens, CPRP, Park and Recreation Director SUBJECT: Community Park Repair bid acceptance The Parks and Recreation Department is recommending accepting the bid of Allied Contracting of Madisonville KY to provide labor and materials for the repairs to the Community Park restrooms. Their bid was the lowest at $52,730. This amount includes labor and materials to repair the men's restroom, women's restroom, storage room, and roof. This also includes an alternate option for the repairs and stabilization of the shelter legs at $1700. A performance bond will be required that will cost $1403.31. The total amount for the repairs, alternate and performance bond is $54,133.31. The restrooms at Community Park have been inoperable since a fire damaged the building July of 2016. Requests for bids were sent out in the past and no vendors responding. Two bids were received for this project. The low bid was from Allied Contracting. The second was from DR Construction Inc of Elizabethtown KY for $86,820. References from Allied Contracting were checked and their work has proven to be acceptable. Local examples of their work include an addition for Matthew 25. This recommended bid is higher than originally budgeted. The additional funds will have to be appropriated through a budget amendment. Enclosed: bid tabulation sheet, Allied Contracting Bid C: Ray Nix, Code Department Administrator CITY OF HENDERSON, KENTUCKY () -z BID TABULATION SHEET (!) z z >- BID REFERENCE NO.: 19-19 i== >- 0 ::.:::: (.) ::i::: z i== Us DATE BID OPENED: 03/29/19 ~ w ..J =>o I- z ..J 0:: I- I- I 0 > z (/) I- APPROVAL DATE: (.) 0 a. 0 z LU O en w ::> ~ () <( ACCEPTANCE FORM SENT: -oo ·N ::l 0:: <( <( (!) :lE 0::• -_J 0 LU Repair of Community Park Restrooms and $51,030.00 $86,820.00 Shelter Proposed Calendar Days for Repairs 45 45 Alternate $1,700.00 N/A Other Bidders Contacted: Bids Op~ned & Recorded By: Bids Reviewed By: Fraley's Home lmprovement;Adams Construction;Hugh Stone and Sons Construction;H & H Construction; B & N Construction; Rendon Shoulders; Priest Construction i\ C)lv--., \ J~ L . , DawnWinn Ray Nix Leigh Anne kt~on , jA/), •• n •-"'~ ra- -r-\) 06-01-14H City of Henderson, Kentucky Invitation to Bid Bid Reference No. 19-19 SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Scope of Work The City of Henderson is requesting bids for the repair of the Community Park restrooms and shelter located at 1776 Madison St, Henderson KY 42420. The chosen vendor will replace all damaged fixtures, plumbing and electrical, walls, doors, ceiling, plumbing systems, electrical systems, rafters, trusses. All repairs will return the building to its most recent pre-damaged condition. A materials list will be included with the Bid. A list of three references showing relevant and equivalent work should be submitted. This will be an evaluated bid with 50% based on the project cost; 10% based on experience shown through like sized projects references; 40% based on the timeline and timely completion of this project 1. The vendor will repair all damage to the men's restroom. a. All plumbing fixtures will be in working order following repairs b. All electrical fixtures will be in working order following repairs c. Restroom stalls may be repaired or replaced d. Janitorial fixtures will be supplied and installed by the City of Henderson following completion of repairs. e. Entrance door will be fitted with a locking deadbolt matching all other doors f. Smoke or fire damage will be repaired and unnoticeable following repairs g. All walls and ceiling will be repaired as needed and painted 2. The vendor will repair all damage to the women's restroom. a. All plumbing fixtures will be in working order following repairs b. All electrical fixtures will be in working order following repairs c. Restroom stalls may be repaired or replaced d. Janitorial fixtures will be supplied and installed by the City of Henderson following completion of repairs. e. Entrance door will be fitted with a locking deadbolt matching all other doors f. Smoke or fire damage will be repaired and unnoticeable following repairs g. All walls and ceiling will be repaired as needed and painted SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 2 3. The vendor will repair all damage to the storage closet. a. All electrical fixtures will be in working order following repairs b. Replace and reconnect fire damaged electrical box, breakers, wiring, etc c. Shelving will be repaired or replaced with metal shelving installed by vendor that provides storage space equivalent to previous shelving. d. Entrance door will be fitted with a locking deadbolt matching all other doors e. Smoke or fire damage will be repaired and unnoticeable following repairs f. All walls and ceiling will be repaired as needed and painted 4. The roof of the shelter and restroom will be replaced. a. Asphalt dimensional shingles. b. Vendor will install new felt paper over wood deck. c. Vendor will provide a cost per sq ft and per sheet for wood decking replacement. d. Vendor will provide and install a new drip edge. e. Vendor will install ice and water shields in all valleys if required. f. Vendor will provide and install all pipe boots as required. g. Vendor will provide and install a ridge vent as required. h. The vendor will supply shingles that have a minimum of 20 years warranty on material defects. i. The vendor will supply a 5 year warranty on all workmanship and have a minimum of 1 year warranty on material defects 5. A timeline should include a. The proposed start and finish dates of the project by vendor. b. There will be a $ 100 per day penalty assessed to the vendor for each day work progresses past the end of the proposed time line. Weather delays may be used for the extension of time without penalty, provided, these are requested in writing within seventy-two (72) hours after the weather event. 6. Owner will furnish a debris dumpster 7. Temporary work fencing shall be set up by contractor at the end of each work day. 8. The City of Henderson will waive any applicable city building permit fees. 9. All finished work shall meet all applicable building codes and legal requirements. SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 3 All bids shall remain in effect for sixty (60) days from date of opening. The City's sales tax exemption status may not be used by the bidder to acquire materials or supplies on a sales tax exempt basis. Any sales taxes or other taxes incurred by the bidder remain the responsibility of the bidder. It is assumed that all such costs incurred by any bidder are included in his bid price. Insurance: During the term of the contract and before any part of the services are performed or the goods are delivered, Bidder shall, at Bidder's sole expense, cause to be issued and maintained not less than the insurance coverages set forth below: A. Broad Form Comprehensive General Liability, including Products and Completed Operations. Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate Property Damage: $1,000,000 each occurrence B. Automobile Liability, including any auto, hiring autos and non-owned autos. $1,000,000 combined single limit C. Workers Compensation for all employees used on the job pursuant to statute. Certificates of insurance, issued by companies authorized to do business in the state of Kentucky, satisfactory in form to the City and signed by the Bidder's insurer shall be supplied by Bidder to the City evidencing that the above insurance is in force and that not less than thirty (30) calendar days written notice will be given to the City prior to any cancellation or restrictive modification of the policies. Bidder shall replace any cancelled policy within the thirty (30) day notice period so that there is no lapse in coverage at any time during the period covered by this contract. Payment and Retainage: One 100% payment on job completion and acceptance by City. No retainage to be held since only one payment to be made. SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page4 Other Requirements: The successful bidder shall comply with all applicable local, state, and federal rules, regulations, and guidelines. The successful bidder will be required to obtain a City of Henderson Occupational License before beginning any work on this project. Mandatory Pre-Bid Meeting: All potential bidders are required to attend a pre-bid meeting on Tuesday, March 19, 2019 at 10:00 a.m. Community Park, 1776 Madison St, Henderson KY. Failure to attend this pre-bid meeting shall render any bid submitted as non-responsive, and such bid will not be considered for award, unless alternative arrangements acceptable to the City are made. All technical questions shall be addressed to the attention Ray Nix, Code Administrator phone: 270-831-1277. Bid procedure questions should be directed to Dawn Winn, Assistant Finance Director, at 270-831-1290, ext. 2220. - End of Section - 06-0l-14E 06-01-14! City of Henderson, Kentucky Invitation to Bid Bid Reference No. 19-19 LOWEST EVALUATED BID PRICE CRITERIA TOTAL POINTS (OUT OF 100) 50% Cost - calculated using 50 points for lowest price and 50 x (lowest price / actual price) for other proposal prices. I 0% Experience - calculated on experience shown through like sized project references. 40% Proposed Schedule - calculated using 40 points for the quickest schedule and 20 x (quickest schedule I actual schedule) for other proposal schedules. - End of Section - 06-01-141 MUNICIPAL ORDER - - - - MUNICIPAL ORDER A WARDING BID FOR REPAIR OF COMMUNITY PARK RESTROOMS AND SHELTER TO ALLIED CONTRACTING GROUP OF MADISONVILLE, KENTUCKY, IN THE TOTAL AMOUNT OF $54,133.31 WHEREAS, the City of Henderson has issued invitations to bid for the repair of the Community Park restrooms and shelter; and WHEREAS, the bid of $$52,730 includes labor and materials to repair the men's restroom, the women's restroom, storage room, and roof. An alternate option of$1,700.00 for the repairs and stabilization of the shelter legs, and $1,403.31 for a performance bond which is required. The total amount for the repairs, alternate and performance bond is $54,133.31; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on March 29, 2019, with Allied Contracting Group of Madisonville, Kentucky , submitting the best bid; and WHEREAS, the City Manager recommends that the bid 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 Allied Contracting Group, 648 S. Main Street, Madisonville, Kentucky 42431 for the repair of Community Park restrooms and shelter in the total amount of $54,133.31, in strict accordance with their bid as submitted pursuant to Bid Reference 19-19. On motion of Commissioner _ _ _ _ _ _ _ _ _, seconded by Commissioner _ _ _ _ _ _ _ _ _ _, that the foregoing Order be adopted, the vote was called. On roll call the vote stood: Commissioner Vowels: Commissioner Staton: - - - Commissioner Bugg: Mayor Austin: Commissioner Royster: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ day of April, 2019. Steve Austin, Mayor ATTEST: Date: ------------ Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS DAY OF APRIL, 2019. By: Dawn S. Kelsey City Attorney UPCOMING BOARD APPOINTMENTS BOARD EXPIRATION DATE TERM BOARD OF OCCUPATIONAL LICENSE APPEALS Current Term Expires Term Alternate Member (Vacant-former member moved out of town) 3-Year CIVIL SERVICE COMMISSION Current Term Expires Robert 'Bob' Farmer 06/01/2019 3-Year CITY - COUNTY PLANNING COMMISSION Current Term Expires Kevin Richard 06/01/2019 4-Year Gray Hodge 06/01/2019 4-Year BOARD OF ZONING ADJUSTMENT - CITY Current Term Expires Joseph E. Ternes, Jr. (resigned) 02/24/2022 4-Year Meeting: 04/09/2019

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