Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR THURSDAY, NOVEMBER 21, 2024 BEGINNING AT 1:30 P.M. November 19, 2024 Commissioner Nicholas Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt Dear Board Members: Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a special called meeting of the Board of Commissioners to be held on Thursday, November 21, 2024, at 1:30 p.m. with the primary location for this meeting designated as the third-floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may participate via video teleconference and the meeting will be broadcast to the public. The meeting will be live streamed on the city's website: https://www.hendersonky.gov/CivicMedia; Facebook and Twitter. This meeting will be conducted as a video teleconference meeting as allowed under KRS 61.826. Any interruption in the video or audio broadcast at any location shall result in the suspension of the meeting until the broadcast is restored. The purpose of this meeting is for the following: AGENDA 1. Roll Call 2. Consent Agenda: Minutes: November 12, 2024, Regular Meeting November 14, 2024, Special Called Meeting Municipal Orders: Municipal Order Awarding Bid for CleaningServices for the Municipal Services Center Building and The Depot Municipal Order Awarding Bid for Cleaning Services for the Public Safety Building Please mute or turn off all cell phones for the duration of this meeting.  Municipal Order Accepting Henderson Water Utility Stormwater Management System Maintenance Agreement with Johnston Family Holdings, Inc. 3. City Manager's Report: Review Status of Proposals for Operation and Management of the Sports Complex 4. Executive Session: Executive Session pursuant to KRS 61.810(1)(±) for the purpose of discussions which might lead to the appointment of an individual. 5. Adjournment Respectfully, Bradley S. Staton, Mayor A copy of the foregoing notice received and service thereof waived this 215t day of November, 2024. Commissioner Nicholas Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 24-338 November 19, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager kfJ.,J SUBJECT: Consent Agenda The Consent Agenda for the called meeting of Thursday, November 21, 2024, contains the following: Minutes: November 12, 20243, Regular Meeting November 14, 2024, Special Called Meeting Resolutions & Municipal Orders: Municipal Order Awarding Bid for Purchase of Cleaning Services for the Municipal Services Center Building and The Depot to E.P.I.C. Systems, Inc. of Evansville, Indiana, in the Amount of $1 ,880.00 Per Month Municipal Order Award Bid for Purchase of Cleaning Services for the Public Safety Building to E.P.I.C. Systems, Inc. of Evansville, Indiana, in the Amount of $3,040.44 Per Month Municipal Order Accepting the Storm Water Management System Maintenance Agreement Between Johnston Family Holdings, Inc., the Henderson Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City of Henderson; and Authorizing Mayor to Execute the Agreement 220 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2024 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 12, 2024, at 3:00 p.m., prevailing time, in the third floor Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting allowed under KRS 61 .826. MAYOR STATON led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Bradley S. Staton presiding: PRESENT: Commissioner Nicholas E. Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. ALSO PRESENT: Mr. William L. "Buzzy" Newman, Jr., City M Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Dylan Ward, Assistant City Manager Mrs. Holli Blanford, Public Relations Director Ms. Chelsea Mills, Finance Director Ms. Jessa Brandon, Deputy City Clerk (Inca Mr. Josh Dixon, Fire Chief Mr. Billy Bolin, Police Chief Ms. Jordan Webb, Emergency Comm Mr. Trace Stevens, Parks & Recr Ms. Megan McElfresh, Huma Ms. Karla Beckgerd, Huma Mr. Sam Lingerfelt, Safet Mr. Tim Cla Syste Ms. Cry s Tra Mrs. Ms. ician Senior -Time Bus Operator r Treatment Operator I Mr. System Crew Leader Mr. Travis Ow IT Director Mr. Bart Boles, Mr. Dwight Williams Ms. Kelsey Hargis, Commissioner Elect Ms. Renesa Abner, Henderson County Clerk Mr. Chip Stauffer, Henderson County Sherrif Henderson County Election Workers Ms. Donna Spencer, Parks & Recreation Board Mr. Randall Redding Mr. Vince Tweddell, Publisher/Editor, the Hendersonian Mr. James Elliot, Police Officer PRESENTATION: "Community Spotlight" MAYOR STATON presented RENESA ABNER, Henderson County Clerk, along with many volunteers and staff, the Community Spotlight Award for their hard work and dedication in ensuring that the election process in Henderson was a seamless, efficient, and fair process.  221 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 RENESA ABNER, Henderson County Clerk, addressed the Commission to thank them for their recognition of the collaborative efforts of her staff, the volunteers, and herself, as it is a big task, requiring full participation. She expressed her gratitude to her office and volunteers, which included high school students this year as well. PRESENTATION: "New Employee Recognition" BART BOLES, HWU General Manager, introduced CONNER BARRETT, Water Treatment Operator I, and DALTON SHEW, Utility System Crew Leader. CRYSTAL WINDHAUS, Mass Transit Superintendent, introduced MIKE AUSTIN, Part-Time HART Bus Operator. The BOARD OF COMMISSIONERS welcomed our new bers for employment with the City of Henderson. APPROVAL OF CONSENT AGENDA: MAYOR STATON asked the City Clerk to read t Minutes: Resolutions and Mun· Res. 59-24: 1 of a FY2025 Thermal ount of $3,250.00 from the Grant Funds if Awarded; and ary Documents umc1pa er Accepting the Storm Water Management ce Agreement Between Henderson Distilling Company, rson Water Utility and Sewer Commission D!BIA Utility (HWU), and the City of Henderson; and or to Execute Agreement MOTIONbyC homas, seconded by Commissioner Vowels, to approve the items on the Consent Age resented. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the consent agenda items approved. Isl Bradley S. Staton Bradley S. Staton, Mayor ATTEST: November 12, 2024 Maree Collins, CKMC, City Clerk_ _ _ _ _ _ _ __ _ 222 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 ORDINANCE NO. 50-24: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, LOCATED IN HENDERSON COUNTY BEING THE REAL PROPERTY ADDRESSED AS 8221 GREEN RIVER ROAD (PARCEL ID #64- 12), AND CONSISTING OF APPROXIMATELY 1.1635 ACRES MOTION by Commissioner Whitt, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the or the date thereto and ordered that the same be recorded. , Mayor ATTEST: 12,2024 Maree Collins, CKMC, City Clerk_ _ _ _ _ _ __ ORDINANCE NO. 51-24: SECOND ORDINANCE AMENDING JOB CL AN ORDINANCE APPROVING !CATIONS AND PAY PLAN BY CREATING THE POSI 0 LEAD MOTION by Thomas, that the ordinance be adopted. missioner Thomas--- Aye: missioner Pruitt------ Aye: - ye: eclared the ordinance adopted, affixed his signature and e be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: November 12, 2024 ORDINANCE NO. 52-24: SECOND READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET & APPROPRlA TION ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE FINANCE DEPARTMENT MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye:  223 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: November 12, 2024 Maree Collins, CK.MC, City Clerk_ _ _ _ _ _ _ _ __ ORDINANCE NO. 53-24: FIRST READ ORDINANCE VA CA TING PUBLIC RIGHT-OF-WAY -- ROOSEVELT AVENUE AN ORDINANCE VACATING UNIMPROVED PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 62,164 TOTAL SQUARE FEET LOCATED IN THE CITY OF HENDERSON AND LOCATED ON ROOSEVELT AVENUE BETWEEN HWY 2084 (FORMERLY KNOWN AS HWY 41) AND LINCOLN AVENUE, AND THE SOUTH HALF OF VICTORY DRIVE LOCATED DIRECTLY NORTH OF ROOSEVELT AVENUE AND SOUTH OF POPLAR AVENUE MOTION by Commissioner Thomas, ordinance be adopted. Commissioner Whitt------ Aye: Commissioner Vowels --- Aye: Mayor Stato WHEREUPON, Mayor Staton dee! dopted on first reading and ordered that it be presented for a second adin oard of Commissioners. ORDIN ORDIN Y OF HENDERSON FY 2025 BUDGET NDERSON BUDGETED POSITIONS AND JOB 25 BUDGET FOR CERTAIN NON- HAZA 911 EMERGENCY COMMUNICATIONS DEPA seconded by Commissioner Vowels, that the WMAN JR., City Manager, reported that due to the length and the nature of the hiring ocess for Emergency Communications, as well as the training in Richmond to come after, that it would be beneficial for the department to over-hire and have a readily available pool of applicants to choose from in the event of a separation or retirement. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton 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. 224 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 MUNICIPAL ORDER NO. 92-24: MUNICIPAL ORDER APPROVING PURCHASE AGREEMENT BETWEEN THE CITY OF HENDERSON, KENTUCKY, HENDERSON MUNICIPAL GAS, AND THE CITY OF BENTON, KENTUCKY, BENTON GAS SYSTEMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, to approve the purchase agreement with City Benton, Kentucky, Benton Gas Systems and authorize the mayor to execute the agreement. TIM CLAYTON, Gas System Director, reported that the current model being used by Henderson Municipal Gas is a 20 year-old used model, which has seen many repairs, and is nearing the end of its useful life. In communicating with the Gas Manager of the City of Benton, Kentucky, Tim was made aware of their recent purchase of a new drill for $280,000.00, which led to their listing of the drill they had been using on GovDeals. he bid ing for the drill online did not meet Benton's minimum reserve of $120,000. As City of Benton was willing to sell it to the City of Henderson for the mi $120,000. Whereas the same equipment lists on other sites for over $200,00 receiving the lightly used equipment for this price would be a significant co Hende son. Commissioner Whitt------ Aye: Commissioner Vowels --- Aye: Mayor Stat WHEREUPON, Mayor adopted, affixed his signature and the date thereto, and orde Isl Bradley S. Staton Bradley S. Staton, Mayor November 12, 2024 #1160 with Graphic and Narrative Development Plan - 2230 S. Green Street (6.878 acres)" AN, JR., City Manager, reported that Planning Commission has t for rezoning for the property located at 2230 S. Green Street {PID# 46-84 fact will come forward after the Planning Commission's meeting on December , CITY MANAGER'S REPORT: "Rezoning #1170 - 111 N. Adams Street; 0 First Street; 521 First Street (0.961 acres)" WILLIAM L. "BUZZY" NEWMAN, JR., City Manager, reported that Planning Commission has acted upon the request for rezoning for property located at 111 N. Adams Street (PID# 2-6-2-3), 0 First Street {PID# 2-6-2-6), and 521 First Street (PID# 2-6-2-8), containing approximately 0.961 acres, rezoned from High Residential District (R-3) to Gateway District Zone (GDZ) to construct a new fire department, after conducting public hearings and producing findings of fact at the November 5, 2024 meeting. The Zoning Map Amendments shall become final on Wednesday, November 27, 2024 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty- one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is November 26, 2024.  225 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 CITY MANAGER'S REPORT: "Rezoning# 1171 Assignment of Zoning Classification in Conjunction with Annexation - 8221 Green River Road" WJLLIAM L. "BUZZY" NEWMAN, JR., City Manager, reported that Planning Commission has acted upon the request for rezoning classification and amending the Comprehensive Plan for the property located at 8221 Green River Road (PID# 64-12), containing approximately 1.1635 acres for the "subject area". The "subject area" is currently zoned County Agricultural (AG), and staff is recommending a City Agricultural (AG) zoning classification, after conducting public hearings and producing findings of fact at the November 5, 2024 meeting. The Zoning Classification and Amendment to the Comprehensive Plan shall become final on Wednesday, November 27, 2024 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty- one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is November 26, 2024. CITY MANAGER'S REPORT: "Fire Depart JOSH DIXON, Fire Chief, reported that t $25,000.00 in grant funding from the Kentucky Fire Co ment's training officer appeared in Paris, Kentucky to present grant funding, to include improvements such as the replaceme o of the training tower, sealing off of the ground floor rotect ental elements, replacement of outdated windows and doors, a ·ty to con e training in the tower for more realistic training. DYLANW • a selection committee, consisting of two Parks a s, the Parks an Recreation director, the City Project out a Request for Qualifications (RFQ) in regard d conducted interviews. After conducting the selection pc d upon utilizing the services of Brandstetter Carroll, inclusive, offering most services in-house, and had a significant gning parks. Dylan asked for consensus of the Board of Commissione s with Brandstetter Carroll to begin developing a scope of work and a fee , and the Board granted the Assistant City Manager, along with Board and the Selection Committee, to move forward in arroll, Inc. for the Parks Master Plan. CITY MANAGER'S REPORT: "Kentucky American Public Works Association (APWA) Parks Project of the Year Award" DYLAN WARD, Assistant City Manager, reported that during a state conference of the Kentucky American Public Works Association (APWA) held in Bowling Green, the City of Henderson, with credit to Sports Complex Manager, Mark Simmons, and Project Manager, Jenna Basham, was awarded the Parks Project of the Year Award for the Sports Complex Project. CITY MANAGER'S REPORT: "Vision Plan Project- Boat Dock Facility" WJLLIAM L. "BUZZY" NEWMAN JR., City Manager, reported that a boat dock facility project considered in the Vision Plan in January of2024 had been shelved due to cost and lack of feasibility for the project at the time. Since then, the City had been exploring options for the project, having met with Associated Engineers, Inc. of Madisonville and developed a much more feasible and cost-conscientious solution. He asked consensus of the board to move forward with 226 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 the proposal for professional services with Associated Engineers to develop permitting and design plans for a non-transient boat dock at the riverfront in the amount of $25,800.00 with an additional $6,900.00 for geotechnical surveys. An informal poll was taken, and the Board agreed to move forward with developing a contract with Associated Engineers in regard to the project, which aligns with the Vision Plan and will be funded from the Vision Plan funds, to return before the Board of Commissioners at a later date. COMMISSIONER'S REPORT: COMMISSIONER PRUITT thanked everyone for his "historical" seventh re-election. COMMISSIONER VOWELS congratulated commissioners and commissioner elect, stating that he was happy to be lea uch a good group of candidates. COMMISSIONER PRUITT thanked Commissi his service on the Board of Commissioners. MAYOR STATON reported that the Commissio wi ssion on Tuesday, November 19, 2024, tentatively at 3:00 with the f several Special Called Meetings to conduct City Manager inte the December 10, 2024 meeting will be held at the Municipal Se MOTION b • missioner Whitt, that the Board of Commissio S 61.810(1 )(f) for discussion that may lead tot Commissioner Thomas--- Aye: - Aye: Commissioner Pruitt------ Aye: or Staton ----- Aye: n declared the Board adjourned into Executive Session. MEETING RECONVENED: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session.  227 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Regular Meeting on November 12, 2024 MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 4:33 p.m. ATTEST: Maree Collins, CKMC City Clerk 228 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on November 14, 2024 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Thursday, November 14, 2024, at 8:30 a.m ., prevailing time, in the third floo r Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting allowed under KRS 61.826. There were present Mayor Bradley S. Staton presiding: PRESENT: Commissioner Nicholas E. Whitt Commissioner Austin P. Vowels Commissioner Rodney Thomas Commissioner Robert N. Pruitt, Sr. ALSO PRESENT: Mr. William L. "Buzzy" Newman, Jr., City Man Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Ms. Chelsea Mills, Finance Director Ms. Megan McElfresh, Human Resources Direct Ms. Jordan Webb, Emergency Communications Mr. Ryan Walenga, Police Major Ms. Jessa Brandon, Deputy City Clerk Mr. Travis Owens, Assistant IT Director Mr. Brian Bishop, Henderson City-Co Mr. Bill Russell, Police Lieutenant ORDINAN ORDIN -- ROOSEVELT AVENUE AN LIC RIGHT-OF-WAY WHICH IS APP EET LOCATED IN THE CITY OF HE AVENUE BETWEEN HWY 2084 (FO LN AVENUE, AND THE SOUTH HALF OF LY NORTH OF ROOSEVELT AVENUE AND SOUT Thomas, seconded by Commissioner Pruitt, that the was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded . /s/ Bradley S. Staton Bradley S. Staton, Mayor ATTEST: November 14, 2024 Maree Collins, CKMC, City Clerk _ _ __ _ __ _ __  229 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Special Called Meeting on November 14, 2024 ORDINANCE NO. 54-24: SECOND READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2025 BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2024-2025 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE 911 EMERGENCY COMMUNICATIONS DEPARTMENT MOTION by Commissioner Pruitt, seconded by Commissioner Whitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton declared the or xed his signature and the date thereto and ordered that the same be recorded. . Staton , Mayor ATTEST: 4, 2024 Maree Collins, CKMC, City Clerk_ _ _ EXECUTIVE SESSION: "Personnel" MOTION by Commissioner Tho as, ioner Whitt, that the Board of Commissioners go into Executive l0(l)(f) for discussion that may lead to the appointment of an e missioner Thomas--- Aye: missioner Pruitt------ Aye: - ye: clared the Board adjourned into Executive Session. MOTION by Commi 10ner Pruitt, seconded by Commissioner Thomas, that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WHEREUPON, Mayor Staton reconvened the Board into regular session. 230 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Special Called Meeting on November 14. 2024 MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Whitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Whitt------ Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt------ Aye: Mayor Staton ----- Aye: WITHOUT OBJECTION, Mayor Staton declared the Meeting adjourned at approximately 10:01 a.m. ATTEST: Maree Collins, CK.MC City Clerk  City Commission Memorandum 24-336 November 18, 2024 TO: Mayor Bradley S. Staton and the Board of Commissio~ rs FROM: William L. "Buzzy" Newman, Jr., City Manager ~ SUBJECT: Award of Bid for Cleaning Services for the MSC Building and The Depot The accompanying municipal order authorizes the award of a contract for cleaning services for the MSC building and the Depot to E.P.I.C. Systems, Inc., Evansville, Indiana, in the low bid amount of $1,880.00 per month. Included in the scope of work is the provision of janitorial services at the MSC building and the Depot. Housekeeping services are to be performed one (1) night per week at The Depot and three (3) times per week at the MSC building. Services to be provided are specifically delineated in the contract and include specific duties to be performed at each location on each service day. The failure of the contractor to completely fulfill the requirements will result in a non-payment penalty equal to the daily rate (monthly rate divided by the number of cleaning days in the month). Bid packages were sent to eight (8) vendors with three (3) vendors submitting bids for the work. All bids met the minimum specifications. E.P.I.C. Systems, Inc. was the low bidder and award is recommended accordingly. The contract is for a one-year period beginning December 1, 2024, with option to extend for two additional one-year periods upon mutual agreement of both parties. Adequate funds are budgeted and available for this purpose. Your approval of the attached municipal order is requested. c: Brian Williams Jeff Putman Dawn Winn  Public Works Memorandum 24-12 Date: Nov. 8, 2024 TO: William Newman, City Manager Dylan Ward, Assistant City Manager FROM: Brian Williams, Public Works Director Sc.J Jeff Putman, Municipal Facilities Superintendent uP RE: Bid Reference No. 24-36 Bids were opened Nov. 7, 2024 for cleaning services for the MSC Building and the Depot. The bids opened were as follows : Bidder Amount EPIC Systems, Inc. $1,880.00 Jani-Clean, Inc. $2,030.40 J & C Cleaning Service, $2,241 .07 LLC I recommend that bid# 24-36 be awarded to EPIC Systems, Inc. for the amount of $1 ,880.00.  "<:t CITY OF HENDERSON, KENTUCKY N 0 ..-' m BID TABULATION SHEET .....J .....J N Cl) ro w ,._ (I) a.i 0 u u z BID REFERENCE NO. : 24-36 u -~ (I) E (I) w fl:'. .... e, vi Cf) WN Qi DATE BID OPENED: 11/07/24 E Ol LL o Cl) ro ...... (l)Z _ ~~ .!::Z c- WN fl:'. fl:'. (I) t5 >, Cl) - C • ro - w APPROVAL DATE: Cf)~ roJ:! (I)~ 0 co .!: 0 . '> (I)= - 0 > (/) 0 "§; a:i~ c - (/) C 0 ~ I- w (I) ACCEPTANCE FORM SENT: a_: Ill ' ·c ro C Cf)> u L.. - > ro > oil~ WW ,W ,w '.:S~ (I) a.. Cleaning Services for MSC and Depot, per month $1,880.00 $2,030.40 $2 ,241 .07 $1 ,892.78 -0.68% Other Bidders Contacted: Bids Opened & Recorded By: Bids Reviewed By: ~~ Kleenco Cleaning Services; Epic Systems; Jani-clean; Frantz Building Services; J&C Cleaning Services; Office Pride of Evansville IN- Henderson KY; D & M Cleaning ; Ever-Clean Services Brian Williams Jeff Putman £)~ 06-01 -14H  City of Henderson, Kentucky Invitation to Bid Bid Reference 24-36 TECHNICAL SPECIFICATIONS The Depot and the MSC Building The intent of these specifications is to describe what is expected of a cleaning contractor to accomplish a successful housekeeping program for The Depot at 101 North Water Street and the MSC Building at 1449 Corporate Court. Housekeeping services are to be performed one (1) night per week at The Depot and three (3) times per week at The MSC building, (City is be informed of designated day) with the exception of the following holidays: New Year's Day Martin Luther King Day Good Friday Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day and the day after Christmas Eve and Christmas Day or Christmas Day and the day after, whichever is observed by the City All cleaning is to be performed after business hours. No persons other than listed service personnel are allowed in the City' s buildings after business hours. Special meetings are often held outside of business hours and janitorial personnel are not to be present in those areas during such meetings. It will be the responsibility of janitorial contractor to work around those areas yet perform duties in all other areas of these buildings. Duties to be performed at The Depot: Empty all trash containers and deposit into the dumpster. Vacuum carpeted areas and spot clean as needed. Vacuum entrance mats. Sweep and damp mop hard surfaces including chair mats. Feather dust horizontal and vertical surface, and remove cobwebs. Clean and sanitize counters and tables in breakroom areas. Clean and polish water fountains. Clean exterior and interior glass on entrance doors and side lights. Plexiglass areas are to be cleaned with plexiglass wax only. Clean and disinfect all bathroom fixtures. Fill all liquid soap dispensers, and paper towel and toilet paper dispensers. Flush floor drains weekly. TECHNICAL SPECIFICATIONS Page2 Computer screens are not to be cleaned or electrical cords unplugged. Janitorial closets are to be kept organized and free of trash. Approximate square footage of floor covering at The Depot is 5,049 sq. ft. With minimal carpeted area. Duties to be performed at The MSC Building: Empty all trash containers and deposit into the dumpster. Vacuum carpeted areas and spot clean as needed. Vacuum entrance mats. Sweep and damp mop hard surfaces including chair mats. Feather dust horizontal and vertical surface and remove cobwebs. Clean and sanitize counters and tables in breakroom areas. Clean and polish water fountains. Clean exterior and interior glass on entrance doors and side lights. Plexiglass areas are to be cleaned with plexiglass wax only. Clean and disinfect all bathroom fixtures. Fill all liquid soap dispensers, and paper towel and toilet paper dispensers. Flush floor drains weekly. Computer screens are not to be cleaned or electrical cords unplugged. Janitorial closets are to be kept organized and free of trash. Areas to be included: Public Works Offices Training Room Conference Room Breakroom Rooms Traffic Control Area Garage Offices Gas Department Restrooms (including enclosed building # 18) Approximate square footage of floor covering at MSC Building. Carpet 7,980 sf Hard Surface Floors 12,208 sf Total 20,188 sf Facilities/depot&mscspecs  MUNICIPAL ORDER NO. - - - - MUNICIPAL ORDER AW ARD ING BID FOR PURCHASE OF CLEANING SERVICES FOR THE MUNICIPAL SERVICES CENTER BUILDING AND THE DEPOT TO E.P.I.C. SYSTEMS, INC. OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $1,880.00 PER MONTH WHEREAS, the City of Henderson has issued invitations to bid for the purchase of cleaning services for the Municipal Services Center building and the Depot; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on November 7, 2024 with E.P.I.C. Systems, Inc. of Evansville, Indiana, 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 E.P.I.C. Systems, Inc., 402 E. Maryland Street, Evansville, Indiana 47711 for the purchase of cleaning services for the Municipal Services Center building and the Depot, in the amount of $1 ,880.00 per month in strict accordance with its bid as submitted pursuant to Bid Reference 24-36. 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 Whitt: Commissioner Pruitt: Commissioner Vowels: Mayor Staton: Commissioner Thomas: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of November 2024. Bradley S. Staton, Mayor ATTEST: Date: _ _ _ _ _ _ _ _ _ __ Maree Collins, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS 18TH DAY OF NOVEMBER 2024. By: Dawn S. Kelsey City Attorney l\tfTTNTrTP ,H nRnt=:R Nfl  City Commission Memorandum 24-337 November 18, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager /4,ftJ/ SUBJECT: Cleaning Services - Public Safety Building The accompanying municipal order authorizes the award of a contract for cleaning services for the Public Safety building to E.P.I.C. Systems, Inc., Evansville, Indiana, in the low bid amount of $3,040.44 per month. Included in the scope of work is the provision of janitorial services at the Public Safety building. Housekeeping services are to be performed four (4) nights per week (Monday, Tuesday, Wednesday and Thursday) and one (1) day being either Saturday or Sunday during the daylight hours. Services to be provided are specifically delineated in the contract and include specific duties to be performed on each service day. The failure of the contractor to completely fulfill the requirements will result in a non-payment penalty equal to the daily rate (monthly rate divided by the number of cleaning days in the month). The contract is for a one-year period beginning December 1, 2024, with option to extend for an additional one-year period upon mutual agreement of both parties. Bid packages were sent to eight vendors with two vendors submitting bids. Both bids met the minimum specifications. E.P.I.C. Systems, Inc. was the low bidder and award is recommended accordingly. Adequate funds are budgeted and available for this purpose. Your approval of the attached municipal order is requested. c: Brian Williams Jeff Putman Dawn Winn  Public Works Memorandum 24-11 Date: Nov. 8, 2024 TO: William Newman, City Manager Dylan Ward, Assistant City Manager FROM: Brian Williams, Public Works Director ~t.J Jeff Putman, Municipal Facilities Superintendent uP RE: Bid Reference No. 24-37 Bids were opened Nov. 7, 2024 for cleaning services for the Public Safety Building. The bids opened were as follows: Bidder Amount EPIC Systems, Inc. $3,040.44 Jani-Clean, Inc. $3.283.67 I recommend that bid# 24-37 be awarded to EPIC Systems, Inc for the amount of $3 ,040.44.  CD C") CITY OF HENDERSON, KENTUCKY I Q) N BID TABULATION SHEET N V) 111 w Q) .... u u BID REFERENCE NO.: 24-37 0 z Q) - C w 0::: N e, V)- WN LL o v DA TE BID OPENED: 11/07/22 E V) 111 WN 2z VJ- >, - 5~ C - 0::: 0:: w Q) t; APPROVAL DATE: (/) ~ 111~ 0 CD E (_p;; - = Q) 0 > OJ ~ c ' (J) V) C 1-W Q) ACCEPTANCE FORM SENT: --: Q. C (IJ I ·c ~ en> u .... WW - > ~w :'5 ~ Q) Cl. Cleaning Services for Public Safety Building, per month $3,040.44 $3,283.67 $2,234.40 36.07% Other Bidders Contacted: Bids Opened & Recorped By: Bids Reviewed By: Epic Systems; Jani-Clean Inc; Frantz Building Services; Crystal Clean Cleaning Company; ; J & C Cleaning Services, LLC ; Office Pride of Evansville IN - Henderson , KY; D & M Cleaning, Inc.; Ever-Clean Services, Inc. ~JJ-~. 0✓1.J _._ - Lefg h Anne Williams Brian Williams oosao.lmer Jeff Putman ~) ·, ', , / ~ I ,_ 06-01-14H  City of Henderson, Kentucky Invitation to Bid Bid Reference No. 24-37 TECHNICAL SPECIFICATIONS The intent of these specifications is to describe what is expected of a cleaning contractor to accomplish a successful housekeeping program for the Public Safety Building. Housekeeping services are to be performed a minimum of four (4) nights a week (Monday, Tuesday, Wednesday and Thursday) and one (1) day being either Saturday or Sunday during the daylight hours, with the exception of these holidays: (a) New Year's Day, (b) Martin Luther King Day, (c) Good Friday, (d) Memorial Day, (e) Juneteenth (f) Independence Day, (g) Labor Day, (h) Veterans Day (i) Thanksgiving Day and the day after, and (j) Christmas Eve Day and Christmas Day or Christmas Day and the day after, whichever way is observed by the City. All cleaning is to be performed outside of normal business hours. Business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special meetings are frequently held outside of the normal business hours and it is imperative that janitorial personnel not be present in these areas during such meetings. It will be the responsibility of the janitorial contractor to work around these meetings and still perform their duties in all areas of these buildings. Secure all exterior doors when leaving the facility at any time. Nightly duties to be performed are as follows: • Remove all trash from the buildings to the dumpster located outside the building. • Empty and disinfect all sanitary napkin receptacles. • Carpeted areas are to be vacuumed completely and spot cleaned as needed. • Hard surface areas are to be swept and damp mopped completely including stairs and landing. • The ceramic tile in all restrooms is to be swept, damp mopped and disinfected completely. • Baseboards in carpeted areas are to be dusted. • Hard surface areas are to be cleaned with a spray cleaner. This also includes ceramic base in the restrooms. • Entrance mats are to be vacuumed and spot cleaned. • Remove all cobwebs throughout the buildings. • Feather dust all erratic surfaces and window blinds. • Dust all horizontal and vertical surfaces and ledges. • Dust pictures and plaques. • Clean and sanitize all counters and tables in break areas. • Clean all wood and steel doors and jambs, including the elevator doors. TECHNICAL SPECIFICATIONS Page2 • Clean and polish all water fountains. • Clean all mirrors completely. • Clean exterior glass on entrance doors and side lights. • Clean all interior doors and window partitions. • Spot clean all exterior glass. • Clean and disinfect all bathroom fixtures. • Polish all chrome with dry cloth. • Replace deodorant blocks in urinals and commodes (as needed). • Clean and sanitize all restroom wall partitions. • Fill all paper towel dispensers. • Fill all liquid soap dispensers. • Fill all toilet paper holders. • Clean and sanitize the showers and locker areas. • Clean all stairway rails and metal stair parts. • Plexiglass covered bulletin boards are to be cleaned with Plexiglass Wax only. • Secure all exterior doors when leaving the facility • Shut and lock all unlocked doors on ground floor suites and offices while performing services. NOTE: Work areas (desks, tables, etc.) are usually cluttered, do not disturb these. Weekly duties to be performed are as follows: • Sweep, mop and spray, buff and/or polish all composite tile surfaces. • Wet mop and disinfect all floor surfaces in the restrooms. • Spot clean carpet. Bi-annual duties to be performed are as follows: • Strip all hard surface composite tile floor areas of wax and refinish • Extract and clean all carpeted areas • Work is to be performed in the first month of the contract and every six months thereafter. NOTE: The bi-annual duties shall be performed on a Saturday or a Sunday during the daylight hours. All carpet cleaning shall be performed on Saturday. The dates and times of work shall be furnished to the City prior to performing this work. TECHN1CAL SPECIFICATIONS Page3 NOTE: The inside or outside of all exterior window glass is not included in this contract, except as noted. NOTE: Interior glass in west foyer (front and back) above 8 feet not included in interior glass cleaning. Things Not to Do are as follows: • Do not clean any computer screen • Do not interfere in any way with City business or do not move any paperwork in order to clean • No persons other than the listed service personnel are allowed in the City's buildings after business hours • Contractor is not to use city equipment or its premises for any purpose other than business pertaining to this contract • Do not unplug any electrical cords NOTE: Permission to access and work in the 911 Center must be given by the operators on duty at the time. Due to the nature of the 911 Center, employees of the contractor may be asked to leave and return at a later time to finish cleaning. Be very careful where you plug in your vacuum in the "911" area. Only use receptacles that are not colored. Miscellaneous duties are as follows: • Flush water into all floor drains about once a week (7 days). • Keep all janitorial closets free of trash and straightened. • Furnish all cleaning supplies and equipment except restroom disposable supplies and plastic waste liners • The carpet in the "911" area has a special static resistant property built into it. Any special cleaning materials needed will be furnished by the City with full instructions. The Janitorial Contractor will perform the labor for cleaning. TECHNICAL SPECIFICATIONS Page4 Approximate Square Footage by type of Floor Covering for Ground Floor Carpet 10,000 Polished Granite 200 Composite Tile 700 Ceramic Tile 600 Total 11,500 Approximate Square Footage by type of Floor Covering for First Floor Polished Granite 710 Carpet 12,024 Composite Tile 1,470 Ceramic Tile 750 Total 14,954 Approximate square footage by type of floor covering for Second Floor Caroet 8,750 Composite Tile 240 Ceramic Tile 2,110 Total 11,100 NOTE: There is approximately 2,800 square feet of carpeted area on the Second Floor that is not utilized presently but could be added to this contract at a later date upon mutual agreement of the City and the Contractor. - End of Section - 06-01-141  MUNICIPAL ORDER NO. - - - - MUNICIPAL ORDER AW ARD ING BID FOR PURCHASE OF CLEANING SERVICES FOR THE PUBLIC SAFETY BUILDING TO E.P.I.C. SYSTEMS, INC. OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $3,040.44 PER MONTH WHEREAS, the City of Henderson has issued invitations to bid for the purchase of cleaning services for the Public Safety building; and WHEREAS, bids were submitted to the City pursuant to said invitations, and were publicly opened on November 7, 2024 with E.P.I.C. Systems, Inc. of Evansville, Indiana, 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 E.P.I.C. Systems, Inc., 402 E. Maryland Street, Evansville, Indiana 47711 for the purchase of cleaning services for the Public Safety building, in the amount of $3,040.44 per month in strict accordance with its bid as submitted pursuant to Bid Reference 24-37. 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 Whitt: Commissioner Pruitt: Commissioner Vowels: Mayor Staton: Commissioner Thomas: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of November 2024. Bradley S. Staton, Mayor ATTEST: Date: - - - - - - - - - - - Maree Collins, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS 18TH DAY OF NOVEMBER 2024. By: Dawn S. Kelsey City Attorney MlTNlrTPAT. ORnFR NO  City Commission Memorandum 24-339 November 19, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager ~ SUBJECT: Stormwater Management System Maintenance Agreement with Johnston Family Holdings, Inc. The accompanying municipal order accepts a Stormwater Management System Maintenance Agreement between Johnston Family Holdings, Inc., 1 Water Tank Pl., Henderson, Kentucky, and Henderson Water Utility, and the City for property located at 1 Water Tank Pl., Henderson, Kentucky (PID #56-6.10). Under the permit for the operation of the Municipal Separate Storm Sewer System (MS4 ), HWU is required to regulate stormwater runoff from new development and redevelopment. Pittsburgh Tank and Tower, located on Commonwealth Drive, will be adding a wet retention basin and two (2) dry detention basins with grass filters to help manage stormwater runoff. This infrastructure is referred to as a stormwater BMP, or Best Management Practices. Perpetual maintenance of these improvements and devices is a requirement of the MS4 permit and is codified in Chapter 23 of the City' s Code of Ordinances. This Agreement provides for the perpetual maintenance of certain permanent components of a private Stormwater Management System for certain property currently owned by Johnston Family Holdings, Inc. (Pittsburg Tank and Tower). The components include a wet retention basin and two (2) dry detention basins with grass filters. The requirements of the Agreement run with the property and are binding upon the current owner, their heirs, executors, successors, and assigns. The Henderson Water & Sewer Commission, at its meeting on November 18, 2024, approved the Agreement. Your approval of the attached municipal order is requested. c: Bart Boles  ..... HWU ~ ~ 2 70.826.242 l www.hkywater.org Henderson Water Utility 9 111 Fifth Street Henderson, KY 42420 WATER • WASTEWATER • STORMWATER Date: 18 November 2024 Memo To: Mayor Brad Staton Henderson City Commissioners From: Bart Boles ~ _ ; ; : ; : / -~ ;, HWU General Manager ~ Subject: Stormwater Maintenance Agreement Under our permit for the operation of the Municipal Separate Storm Sewer System (MS4), we are required to regulate stormwater runoff from new development and redevelopment . Pittsburgh Tank and Tower, located on Commonwealth Drive, w il l be adding a wet retention basin and two (2) dry detention basins with grass filters to help manage stormwater runoff. The infrastructure referenced above is referred to as a stormwater BMP, or Best Management Practices. Perpetua l maintenance of these improvements and devices is a requirement of the MS4 permit and is codified in the City Code of Ordinances at Chapter 23-27.5 (i) . To ensure this, the attached agreement between Johnston Family Holdings LLC, Pittsburgh Tank and Tower Inc, HWU, and the City must be recorded as a legally binding and searchable document. We request that the Commission process an order approving same and authorizing the Mayor to sign on the City's behalf. We will then have the document recorded . The Water and Sewer Commission approved this action in its meeting on 18 November 2024. If you have any questions or need further information on this or any other subj ect, please fee l free to call me at 270-869-6614 (Office) or 270-875-2409 (Cell). Cc: Eric Shappell, HWU Attorney Wm. L. "Buzzy" Newman, City Manager Dawn Kelsey, City Attorney Matt Calvert, HWU Chief Engineer  WATER AND SEWER COMMISSION of the CITY OF HENDERSON RESOLUTION OF THE BOARD OF COMMISSIONERS Resolution No. 2024 - 49 Acceptance of Storm water Management System Maintenance Agreement - Pittsburgh Tank and Tower The following Resolution was du ly adopted by the Board of Commissione rs of the Water & Sewer Commission of the City of Henderson at a regular meeting held on Monday, 18 November 2024 at which meeting a quorum was present. BE IT RESOLVED, that the Water and Sewer Commission of the City of Henderson by and through its Board of Commissioners, under the authority granted to the Commission under Chapter 23 Article II Division 3 Sections 23-36 through 23-45 .2 of the City Code of Ordinances, hereby recommends to the Board of Commissioners of the City of Henderson, Kentucky, that the City of Henderson accept the attached Stormwater Management System Maintenance Agreement herewith transmitted to the City, as required by City Code of Ord inances section 23- 27 .5 (i), and as recommended by the staff of the Water and Sewer Commission, and that the Mayor be authorized to sign on the City's beha lf . This Agreement provides for perpetual maintenance of certain Permanent Components of a private Stormwater Management System for property currently owned by Johnston Family Holdings, Inc (Pittsburgh Tank and Tower), Commonwealth Drive, Henderson, Kentucky, PVA ID #56-6.10 . The components include a wet retention basin and two (2) Dry Detention Basins with Grass Filters . The requirements of the Agreement run with the property and are binding upon the current owner and their he irs, successors, and assigns .  The General Manager is hereby authorized to deliver this Resolution to the City of Henderson . IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 18 November 2024, and upon Motion made by Commissioner Gar'1 ~l\ni113s, and seconded by Commissione r :fu.l\t \Jisc:ht( , the Board of Comm issioners voted as fo llows: AYE NAY Commissioner, Paul Bird, Jr. Commissioner, George Jones, Ill Commiss ioner, Steve Austin Commissioner, Ga ry Jennings ✓ Commiss ioner, Julie Wischer Bart Boles General Manager Henderson Water Utility  MUNICIPAL ORDER NO. ---- MUNICIPAL ORDER ACCEPTING THE STORM WATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT BETWEEN JOHNSTON FAMILY HOLDINGS , INC., THE HENDERSON WATER AND SEWER COMMISSION D/B/ A HENDERSON WATER UTILITY (HWU), AND THE CITY OF HENDERSON; AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City through the Henderson Water Utility (HWU) operates water treatment and distribution, and wastewater collection and treatment systems, in Henderson, Kentucky, along with a municipal separate storm sewer system (MS4); and WHEREAS , Johnston Family Holdings, Inc. is the owner of property located at 1 Water Tank Pl, Henderson, Kentucky, (PVA ID #56-6.10) which utilizes permanent components of a private Stormwater Management System which include a wet retention basis and two (2) dry detention basins with grass filters ; and WHEREAS , it is necessary to provide for perpetual maintenance of certain permanent components of a private Stormwater Management System for property owned by Johnston Family Holdings, Inc. of Henderson at 1 Water Tank Pl, Henderson, Kentucky, PVA ID #56-6.1 O; and WHEREAS, the City of Henderson, a Kentucky municipality, the Henderson Water and Sewer Commission d/b/a Henderson Water Utility (HWU), Johnston Family Holdings, Inc. have agreed to enter into a Storm Water Management System Maintenance Agreement (attached hereto as Exhibit "A"); and WHEREAS , on November 18, 2024, the attached Storm Water Management System Maintenance Agreement was accepted by the Henderson Water and Sewer Commission through the adoption of Resolution No. 2024-49. NOW, THEREFORE, BE IT ORDERED that the attached Storm Water Management System Maintenance Agreement between Johnston Family Holdings, Inc. , the Henderson Water and Sewer Commission D/B/A Henderson Water Utility (HWU), and the City of Henderson is hereby accepted, and the Mayor is authorized to execute the agreement on behalf of the City. 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 Whitt: Commissioner Pruitt: Commissioner Vowels: Mayor Staton: Commissioner Thomas: l\AT fl'I.Tff' TD AT r'IDnh'D 1'.Tr'I  MUNICIPAL ORDER NO. CONT.) INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of November 2024. Bradley S. Staton, Mayor ATTEST: Date: ---------- Maree Collins, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS 19TH DAY OF NOVEMBER 2024. By: Dawn S. Kelsey City Attorney 2 l\AT Th.TTr'TD A T {)D nJ::R 1'.T{)  STORM WATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT TH!S AGREEMENT ("Agreement") entered into t1iis23 day of fJC~ , 20?!/by and betwe::n Pittsburg Twk & Tower Inc (the "lesee") & Johnston Family Holdings Inc. (the "Owner"), whose address is Water Trrnk Pl 1. Henderson., Kentucky, 42420 and HENDERSON WATER UTILITY, 111 Fifth Street, Henderson, Kentucky, 42420; ClTY OF HENDERSON, 222 First Street, Henderson, Kentucky, 42420 (the "City"}, collectively, the "Parties". Site Legal DescriDtio:q. The Property subject to this agreement is legally de!:cribed as follows: Parcel No. 56-6.10: DB 628 PG 849 City of Henderson, [PVA Parcel No., DB & Pg.] Hend~son County, Kentucky, located .at Water Tank Pl l, Henderson. Kentt1ckv. 42420. [Street Address] 1. Permanent Comoonent,; of the Storm Water Management System Pursllilllt to the City's Sewer Use Ordinance (Sec. 23-27.S(i)) and this a~eement, the Owner i responsible for satisfying the provisions of this agreement throughout the Property for m::intaining the torrn r1atcr management system in perpetuity. The storm water management system for the pro erty consists of the following described manageme. t practices or components (attach exhibit if more space is needed): One (1) wet retention b:::sin and t\'.'O (2) dry detention basins with grass filters as shown on the attached exhibit. 2. Iwmcction and Maintenance Schedule AU compuncnts of the storm water management system shcll be inspected by the Responsible P.m.y at least .annu::1lly; and :within 72 hours following any major storm or flood eve, t of sufficient intensity or durntion to pose signific t risk of drunage to the system. 3. Right oflnspection The Hend r:::on W.- ter .Utility and .tlie City of Henderson have the right to nter the Prope ty to inspct the s~orm water m::ma.gement system at its discretion. 4. Binding Ap-reement All provisions of this Agreement, including the bene:fu:s and burdens hereund r, run with ti'!c prope;ty and are binding upon and inur to the benefit of the parties hereto and their heirs, e, ecutors, successors and assigns. 5. Amendment: Termination This A:¥Cemcnt mny be amended or tem1inated by a document signed by the Owner and the City. 6. Requirement to Record This Agreement, copy-0fthemostrecent Site Plan/Exhibit, and any subsequent 2Inend...-nents the;-eto shall be recorded at the Henderson County Court Clerk'-s office. Once recorded provide Henderson Wat.r Utility with a copy of the recorded .docmnents. Assignment Ovmer's obligations may not be assigned to another par-ty without the prior written consent of City cxc(.,pt that such consent is not req ired wh n Owner transfers fee simple title to a buye w o will assume '1e maint.enance responsibilities of the Owner. Paee 1 of3 Exhibit "A"  8. Indemnity Each Pmty agrees to indemnify and hold the other, its officers, ugcnts and employees harmless from liability resulting from the negligent acts or omissions pertaining to the activities to be carried out pursuant to th<.: obligations of this Agreement; provided, however, that neither Party shall not hold the other harmless from claims arising out of the negligence or willful m· lfeasance of the ojJer, its officers, agents, or employees, or any p rson or entity not subject to the other' s supervision or control. 9. Severability If any court or competent authority finds that any provision of this agreement (or p:::.rt of any provision) i3 invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be d-o med to be deleted, and the validity and enforceability of the other provisions of this a~eement shall no be affected. IN WITNESS WI-JEREOF, the p~rtics have executed this Agreement as of the date first writte 1 abw . FOR THE OWNER: , / - By: ; ~ ; ,/.,.~4 ..... - - - - - - -- - - .~ ; Title: Title: fl,(}. t IL ~I(._ Date:- -. -- (,. .-- Date: / 0 - Z.3 -2J,, - - ~- -- - - -- CO:M:MONWEALTH OF KE1 TUCKY ) ) ss. COUNTY~ /JI l( Q)l 1fSI.._ ) ) ) ss. ) strument was sig..ried, by the Lessee, sworn to, and acknow !edged hef~re me,_ a N ot~i:y _ l Public, ~ _.,,.....="'-..c'",-=~...._.-"-1,l,,A-_;known to me to be the person who executed the foregorng, th1s the {3~~ day of ..-_,,,_,,._,__. ~ 5¥0--- ~{ ~ ~7'--:.- '=-\ ·~ --L , )...A!_ -D Not~ , mm o 1 -..entuc\:y Notary ID # \(if\,) •I -~-- ~ _ My Commic:sio::1 Exp· IT- ,:...)C .-;)..t:,, Ang ela M. Garrett Notary Public, Commonwealth of Kentucky ~ # KYNP11251 Expiration date. ~1p1202s Page 2 of 3  CITY OF HENDERSON By: _ __ __ _ __ _ Name:- - - -- - - Title:- - - - - - - - - - · - - - · - · - Date:-/t /4[--JrJ,l t/ Date: ------------- COMMONV./EALT-H ,e;.- J-"''.RN,tU 'KY ) ) ss. COUNTY OF HENDERSON ) The"foregomg,i:~ment w :sigm:<l,.:swom to, and acknowledged before me, a Notmy Public, by _ _ __,__ ______ • _··, b~ ,...-.:.;t-c ~t;;, be the _ __ _ __ of the Ci°t'J of Henderson, Kentucky, a municipal COrfKlratic"'.:;"~'1:is·t.i.e ____ ::_/!.ey-of _ _ _~ 20 . Notary Public, Commonwealth of Kentucky Notary ID# _ _ _ _ _ _ _ _ __ My Commission 62:pi.rcc:______________ }ss. COUNTY OF HENDERSO ) The foreg~i.'lg,i.-~nt-wa:s,signed, sworn to, and acknowledged before me, a Notan; Public, by P°:u,l Bi~-~:. # ._ . . :.,J-m;:,wn:w-nre,~ the Cbc2"1 cmo.n _ of the Water and Sewe Commission of the Crty of Hen "m,K c:11..>-clcy, rtm:ti"1e J_ l _ day o f ~ , 20.211. ~rn. -~~ -- Notary Public, Common alth of Kentucky Nota.-y ID# \<. Y....N£~0t£ My Commission Expires: JJ /Y /M-a,g TI-llS fNSTRlTh <'NT :· ·s 'PREPAllEDBY: Page 3 of J Exhibit "A"  ~· ·- -.. l.ltt-llflOIZl Itri:• ,l'II •• .IWII!..,_ - ~ M K NVld 1m11NOJ NOISOH3/SISJ.Tv'N\139\/NI\/Ha m"'lmliiii■ -,_, TI). Ni n ~,.., ).)I ' UOSJapUilH N -11111111 -<!..... 1 = ,., JIil'!.._. '13H'19Nl)IH'ld '8 NMOOJ.Vl M3N i u =~ dnDH9 H3M01 aN'I )IN\11 H9Hn8Silld i (/) (/) C ~ - .Q (.9 C ..C (I):'= Q) $ 0 C ,_ ('.' · (/) - CU= .....(I) 0 O'.l u. (/) (/) C ~ - .Q (.9 C __c _J (I) ='= Q) $ 0 C ,_ »- ·w co= 2 I !I !l ! I OOJ LL : 'I I ---- I I :I i Ii ...___,____________._......__ -  City Commission Memorandum 24-335 November 15, 2024 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager ,g.rJ SUBJECT: City Manager's Report I. Review Status of Proposals for Operation and Management of the Sports Complex Dylan Ward, Assistant City Manager, will be in attendance to give an update on the status of proposals for the operation and management of the sports complex.