Board of Commissioners Meetings

ty of Henderson, Kentucky Board of Commissioners Tuesday, January 10, 2023, 3:00 P.M. Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a meeting of the Board of Commissioners to be held on Tuesday, January 10, 2023, at 3:00 p.m. with the primary location shall be designated as the third-floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may patiicipate 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.cityofhendersonky.org/CivicMedia; Facebook and Twitter. This meeting will be conducted as a video teleconference meeting as allowed under KRS6 l .826. Any inten-uption 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. Recognition of Visitors: ., . Appearance of Citizens: ..., 4. Proclamations: 5. Presentations: 6. Public Hearing: 7. Consent Agenda: 8. Minutes: December 22, 2022, Special Called Meeting Resolutions & Municipal Orders: a. Municipal Order Accepting Notice of Intent Not to Take Oath of Office - Michael "Jay" Randolph b. Resolution Appointing Commissioners Austin Vowels and Robert Pruitt to Board of Trustees of Civil Service Pension Fund c. Resolution Appointing Commissioner Rodney Thomas to the Board of Occupational License Appeals d. Resolution Appointing Commissioner Austin Vowels to Serve on Downtown Henderson Partnership Committee f. Resolution Appointing Commissioners Rodney Thomas and Austin Vowels to City/County Cooperative Study Team g. Resolution Appointing Mayor Bradley S. Staton to Serve on the GRADO (Green River Area Development District) Board 9. Ordinances, Municipal Orders & Resolutions: Second Readings: Please mute or turn off all cell plumes/or tlte duration oft/tis meeting.  First Readings: Ordinance Amending Chapter 23 Utilities of the Code of Ordinance - Employment ofGeneral Manager and Management Employees Municipal Orders: Municipal Order Appointing City Commissioner Resolutions: Resolution Appointing Mayor Pro Tern for the City 10. Bids & Contracts: 11. City Manager's Reports: 12. City Attorney' s Report: 13. Unfinished Business: 14. Commissioner's Reports: 15. Appointments: I 6. Miscellaneous: 17. Executive Session: 18. Adjournment: Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 23-01 January 4, 2023 TO: Mayor Brad Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager JvJ-J SUBJECT: Consent Agenda The Consent Agenda for the meeting of January 10, 2023, contains the following: Minutes: December 22, 2022, Special Called Meeting Resolutions and Municipal Orders: a. Municipal Order Accepting Notice of Intent Not to Take Oath of Office of City Commissioner on January 1, 2023, From Michael "Jay" Randolph, Creating One (1) Vacant Seat on the Board of Commissioners b. Resolution Appointing Commissioner Austin Vowels and Commissioner Robert Pruitt to Board of Trustees of Civil Service Pension Fund c. Resolution Appointing Commissioner Rodney Thomas to the Board of Occupational License Appeals d. Resolution Appointing Commissioner Austin Vowels to Serve on Downtown Henderson Partnership Committee e. Resolution Appointing Commissioner Rodney Thomas and Commissioner Austin Vowels to City/County Cooperative Study Team f. Resolution Appointing Mayor Bradley S. Staton to Serve on the GRADO (Green River Area Development District) Board  177 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of -----'A--'--"'S""p-=-ec=i=a'-IC-=-a=l=le~d'--- Meeting on -=D-"e-=-ce=m=b-=-er:....=22=,....:2::..:0=2=2=---- A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 22, 2022, at I :30 p.m., prevai ling time, in the third floor Assembly Room of the Municipal Center. 222 First Street, Henderson, Kentucky, designated as the primary location for this video telecon ference meeting allowed under KRS 61.826. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert N. Pruitt. Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas Commiss ioner Austin P. Vowels ALSO PRESENT: Mr. William L. ·'Buzzy'" Newman, Jr.. City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public lnfo1mation Officer Mrs. Holli Blanford. Public Information Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Mr. Scott Foreman. Fire Chief Mr. Trace Stevens, Parks Recreation & Cemeteries Director Mr. Tim Clayton. Gas System Director Mr. Greg Nunn, Information Technology Director Ms. Jordan Webb. Emergency Communications Director Mr. Mark Simmons, Recreation Program Manager Mr. Cory Fischbeck, Assistant Information Technology Director Mr. Travis Owens, IT Programmer/Analyst Mrs. Karla Beckgerd~ Human Resources Specialist Mr. Dylan Ward, Project Manager Mr. Syn Lingerfelt. Safety & Training Coordinator .Mr. Chad Moore, Assistant Fire Chief Mr. Willie Curry, Fire Lieutenant Mr. Danfel.Hancock, Fire Lieutenant Mr. Dale Fu'lc,her. Fire Driver/Engineer Mr. Garrett Tande. Fire Driver/Engineer Mr. Tanner Simon, fire Driver Engineer Mr. Aaron Bugg, Firefighter Mr. Dylan Nobles, Firefighter Mr. Travis Taylor, Firefighter Mr. Lee Blanton, Firefighter Mr. Pete Contrelle, Firefighter M r. Brian Buedel. Fire Driver/Engineer Ms. Cindy Phillips, HFD Admini strative Secretary Ms. Stephanie Wei ner, HFD Secretary Ms. Tammy Newton, Human Resources Generalist Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mrs. Brian Buedel and Family Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP (via Zoom i'a11e/1s1) 178 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of -----'A--'--"S'-"p=ec=i=a'-IC=a=l=le=d'--- Meeting on December 22. 2022 PRESENTATION: ··20-Ycar Service Award.. MAYOR AUSTIN expressed appreciation to BRIAN D. B UEDEL, Fire Driver/Engineer for his 20 years of service and dedication to the City of Henderson. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: September 13, 2022, Regular Meeting September 20, 2022, Special Called Meeting September 20, 2022, Work Session September 27, 2022, Regular Meeting October 11. 2022, Regular Meeting October 25. 2022, Regular Meeting November 15, 2022, Special Called Joint City/Utility Commission Work Session November 15, 2022, Special Called'Meeting November 22, 2022, Regular Meeting December 13. 2022, Regular Meeting Resolution: 47-22: Resolution Revising Rates for Rental of the Denton Shelter, Atkinson Clubhouse, JFK Community Center and Atkinson Pool; and Increasing the Cleaning Deposit for JFK Community Center Rentals for the Parks and Recreation Depa1tment MOTION by Commissioner Staton, seconded by Commissi.o ner Thomas, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas--- Aye: Commiss~oner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 22, 2022 Maree Collins, CKMC, City Clerk _ _ _ _ __ _ _ __ ORDINANCE NO. 38-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEM ENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF WASTEWATER-SEWER RELOCATION FOR HYDRO ALUM INUM EXPANSION MOTION by Commissioner Thomas, seconded by Comm issioner Vowels, that the ordinance be adopted. The vote was called. On roll call. the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton----- Aye: Commissioner Thomas --- Aye: Commiss ioner Vowels --- Aye: Mayor Austin ------------- Aye:  179 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of _ __,_A...:.....:,:S""p=ec~i=al:....;C=a=l=le=d__ Meeting on _D~e~ce~m-'-"'-=-b=er~2=2=·~2~0=2=2- 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: December 22, 2022 Maree Collins, CKMC, City Clerk ORDINANCE NO. 39-22: SECOND READ AN ORDINANCE OF Tl-IE BOARD OF COMMISSIONERS OF Tl-IE CITY OF HENDERSON, KENTUCKY, AUTHORIZING THE ISSUANCE OF $160,000,000 MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF ITS IN DUSTRIAL REVENUE BONDS (PRATT (HENDERSON CORRUGATING), LLC PROJECT), TAXABLE SERIES 2023A ; AUTHORIZfNG THE PROCEEDS OF THE SERIES 2023A BONDS TO BE MADE AVAILABLE TO PRATT (HENDERSON CORRUGATING), LLC, A DELA WARE LIMITED LIABILITY COMPANY, FOR THE PU~POSE OF FINANCING THE ACQUISITION, CONSTRUCTION, fNSTALLATION, ANQ EQUIPPING OF AN INDUSTRIAL BUILDING; APPROVING THE SALE OF THE SERIES 2023A BONDS TO PRATT CORRUGATING HOLDINGS, INC.. AS THE PURCHASER THEREOF; APPROVING AND AUTHOR IZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE AGREEMENT, A PILOT AGREEMENT, AND OTHER RELATED DOCUMENTS; AND A THORIZING FURTHER ACTION BY CITY OFFICIALS AND DIRECTING THEM TO TAKE ALL NECESSARY ACTION TO EFFECTUATE THE INTENT AND PURPOSE OF THIS ORDINANCE. MOTION by Commissioner Staton. seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll caII, the vote stood: Commissioner Pruitt ····· Aye: Commissioner Staton•···· Aye: Commissioner Thomas ••· Aye: Commissioner Vowels•·· Aye: Mayor Austin •···-········ Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 22, 2022 Maree Collins, CKMC, City Clerk EXECUTIVE SESSION: '·Personnel'' MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 6 l.810(1)(t) for the purpose of deliberation which might lead to the appointment, discipline, or dismissal of individual employees. The vote was called. On roll call, the vote stood. Commissioner Vowels•·· Aye: Commissioner Pruitt •···· Aye: Commissioner Staton •·-·· Aye: Commissioner Thomas··· Aye: Mayor Austin •·····-······ Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. 180 CITY OF HENDERSON - RECORD BOOK Record ofMinutes of A Special Called Meeting on -=D--=e-=-ce=m=b-=-er'-=22=,,_,2=0=-=2=2'--- MEETING RECONVE ED: MOTION by Commissioner Staton. seconded by Commissioner Thomas. that the Board of Commissioners reconvene into regular session. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton----- Aye: Commissioner Thomas--- Aye: Mayor Austin ------------- Aye: WHERE UPON, Mayor Austin reconvened the Board into regular session. MUN IC IPAL ORDER NO. 77-22: MUN IC IPAL ORDER APPROVING APPO IN'{MENT BY CITY MANAGER OF HEATH ALLEN COX AS ASSISTANT C ITY MANAGER AND APPROVAL OF EMPLOYMENT AGR EEMENT; AND AUTHOR1ZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF C ITY MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to approve the recommendation of the City Manager to appoint Heath A. Cox as Assistant City Manager. approval of the Employment Agreement; and authorizing the Mayor to execute the Employment Agreement. The vote was called. On ro ll call. the vote stood: Commission~r Pruitt ----- Aye: Commissioner Staton.----- Aye: Commissioner Thomas--- Aye: Comm issioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPO , Mayor Austin declared the municipal order adopted, affixed his s ignature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 22. 2022 Maree Collins. CKMC. City Clerk _ _ _ _ _ _ _ _ __ MUN ICIPAL ORDER NO. 78-22: MUN ICIPAL ORDER AMENDING Tl IE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HENDERSO AND DYLA WARD. PROJECT MA AGER MOTION by Commissioner Staton. seconded by Commissioner Thomas. approving amendment #3 to the Employment Agreement between the City and Dylan Ward. Project Manager, to extend the term of employment for an indeterminate term past the December 3 1. 2022, date of term ination. COMMISSIONER STATON indicated that Dy lan is a valued employee of the C ity, and thi s action is necessary due to the term ination clause in Dylan·s current contract. No monetary changes were made to the contract. The vote was called. On roll call. the vote stood:  181 CITY OF HENDERSON - RECORD BOOK Record of Minutes of A Special Called Meeting on December 22. 2022 Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed hi s signature and the date thereto. and ordered that the same be recorded. I sl Steve Austin Steve Aust in, Mayor ATTEST: December 22. 2022 Maree Collins, CKMC. City Clerk _ _ _ _ _ _ __ _ _ MEETING ADJOURN: MOTION by Commissioner Staton. seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call. the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton----- Aye: Commiss ioner Thomas --- Aye: Comm iss ioner Vowels --- Aye: Mayor Austin ------------ Aye: WITHOUT OBJ ECTION, Mayor Austin declared the Meeting adjourned at approximately 2:00 p.m. ATTEST: Bradley S. Staton, Mayor January I 0, 2023 Maree Collins, CKMC City C lerk  MUNICIPAL ORDER NO. --- MUNICIPAL ORDI:R ACCEPTING NOTICE OF INTENT NOT TO TAKE OATH OF OFFICE OF CITY COMMISSIONER ON JANUARY 1, 202:,, FROM MICHAEL "JAY" RANDOLPH, CREATING ONE ( 1) VACANT SEAT ON THE BOARD OF COMMISSIONERS WHEREAS, on December 5, 2022, Michael "Jay" Randolph submitted Notice of Intent Not to Take Oath of Office of City Commissioner, as elected, on or before January 1, 2023;and WHEREAS, the Board of Commissioners desires to accept said notice, creating one (1 ) vacant seat on the Board of Commissioners . NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the Notice of Intent Not to Take Oath of Office of City Commissioner, as elected, on or before January 1, 2023, received by Michael "Jay" Randolph on December 5, 2022, is accepted, creating one (1) vacant seat on the Board of Commissioners. 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 Vowels: - - - Vacancy: Commissioner Thomas: - - - Mayor Staton: Commissioner Pruitt: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of 2023. Bradley S. Staton, Mayor ATTEST: Date: - - - - - - - - -- - Dawn S. Kelsey City Attorney MUNICIPAL ORDER NO.  RESOLUTION NO. - - - - RESOLUTION APPOINTING COMMISSIONER AUSTIN VOWELS AND COMMISSIONER ROBERT PRUITT TO BOARD OF TRUSTEES OF CIVIL SERVICE PENSION FUND WHEREAS, it is necessary to appoint two City Commissioners to serve on the Board of Trustees of the Civil Service Pension Fund for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioners Austin Vowels and Robert Pruitt are hereby appointed as members of the Board of Trustees of the Civil Service Pension Fund for the City of Henderson effective as of January 1, 2023. 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: _ __ Vacancy: Commissioner Thomas: - - - Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  RESOLUTION NO. --- RESOLUTION APPOINTING COMMISSIONER RODNEY THOMAS TO THE BOARD OF OCCUPATIONAL LICENSE APPEALS WHEREAS, it is necessary to appoint a City Commissioner to serve on the Board of Occupational License Appeals for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Rodney Thomas is hereby appointed to serve on the Board of Occupational License Appeals for the City of Henderson effective as of January I, 2023. 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: - - - Vacancy: Commissioner Thomas: - - - Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: - - - - - - - - - - - ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  RESOLUTION NO. _ __ RESOLUTION APPOINTING COMMISSIONER AUSTIN VOWELS TO SERVE ON DOWNTOWN HENDERSON PARTNERSHIP COMMITTEE WHEREAS, it is necessary to appoint a City Commissioner to serve on the Downtown Henderson Partnership Committee for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Austin Vowels is hereby appointed to the Downtown Henderson Partnership Committee for the City of Henderson effective as of January 1, 2023. 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: - - - Vacancy: Commissioner Thomas: - - - Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: _ _ _ __ __ _ _ __ ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  RESOLUTION NO. ---- RESOLUTION APPOINTING COMMISSIONER RODNEY THOMAS AND COMMISSIONER AUSTIN VOWELS TO CITY/COUNTY COOPERATIVE STUDY TEAM WHEREAS, the City and County of Henderson have formed a committee to study areas of cooperation between the two governments', such committee to be comprised of four (4) members, with two (2) members from the City's Board of Commissioners, and two (2) members from the Fiscal Court of the County; and WHEREAS, it is necessary that the City appoint its members to said committee. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioners Rodney Thomas and Austin Vowels are hereby appointed as the City's members on the City/County Cooperative Study Team. 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: _ __ Vacancy: Commissioner Thomas: _ _ _ Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: - -- - - - - - - - - ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  RESOLUTION NO. ---- RESOLUTION APPOINTING MAYOR BRADLEY S. STATON TO SERVE ON THE GRADO (GREEN RIVER AREA DEVELOPMENT DISTRICT) BOARD WHEREAS, the Mayor is appointed as representative to serve on the GRADO (Green River Area Development District) Board for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Mayor Bradley S. Staton is hereby appointed to the GRADO (Green River Area Development District) Board for the City of Henderson effective as of January 1, 2023. 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: _ __ Vacancy: Commissioner Thomas: _ __ Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: _ _ __ _ _ __ _ __ ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  City Commission Memorandum 23-05 January 4, 2023 TO: Mayor Brad Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr. City Manager tf4f) SUBJECT: Amendment of Chapter 23 Utilities of the Code of Ordinance- Employment a/General Manager and Management Employees An item for consideration on the Tuesday, January 10, 2023, agenda is first reading of an ordinance amending Section 23-43, Employment of General Manager and Management Employees, of Article II, Water and Sewer Service, Division 3, Water and Sewer Commission, of Chapter 23, Utilities, of the Code of Ordinances to remove an Assistant General Manager position and to add a Chief Engineer position and Senior Project Manager position for the Henderson Water Utility. The Assistant General Manager position was initially created to secure an orderly transition in preparation for the retirement of the General Manager. The Senior Project Manager is being added to assist the General Manager with the increased workload due to industrial expansion. The Chief Engineer position will be added as a contractual position. This change is a housekeeping action to bring the City ' s Code of Ordinances in conformity with the Henderson Water Utility Budget with the appointment of an HWU Assistant General Manager. Your approval of the attached ordinance is requested. c: Connie Galloway Tom Williams  ....., HWU ~ 270.826.242 1 Q www.hkywater.org Henderson Water Utility 9 111 Fifth Street Henderson, KY 42420 WATER • WASTEWATER • STORMWATER Date: 5 December 2022 Memo To: Mayor Steve Austin City of Henderson Board of Commissioners From : Tom Williams, P.E. - ? ~ - _ HWU General Manager \ - ~ Subject: Ordinance Change - Addition/Subtraction of Contract Positions Late this year, and at the onset of 2023, we have/will be making changes to our roster of positions, related to my (partial) retirement and assignment to a Senior Project Manager role; the promotion of our current Assistant General Manager, Bart Boles, into the GM spot, thus eliminating the Asst. GM position; and the addition of Matt Calvert as our Chief Engineer, which we have made a contractual position. One section of the HWU-related City ordinances needs to be altered to accommodate these changes. Section 23-43 (Article II, Division 3) lists the contractual positions that fall under the direct control of the Water and Sewer Commission, and the attached sheet shows that ordinance section and the changes required by our recent and forthcoming actions. I will be available at your pleasure to answer any questions. In the meantime, if you need information on this or any other matter, please feel free to call me at 270.869.6621 (Office) or 270.823.2573 (Cell). Cc: William L. (Buzzy) Newman, Jr., City Manager Dawn Kelsey, City Attorney Bart Boles, HWU Assistant General Manager  ORDINANCE NO. _ __ ORDINANCE AMENDING CHAPTER 23, UTILITIES SUMMARY: ORDINANCE AMENDING SEC. 23-43, EMPLOYMENT OF GENERAL MANAGER AND MANAGEMENT EMPLOYEES, OF CHAPTER 23, UTILITIES, ARTICLE II, WATER AND SEWER SERVICE, DIVISION 3, WATER AND SEWER COMMISSION, TO REMOVE AN ASSISTANT GENERAL MANAGER POSITION AND TO ADD A CHIEF ENGINEER POSITION AND SENIOR PROJECT MANAGER POSITION FOR HENDERSON WATER UTILITY WHEREAS, the Henderson Water Utility Assistant General Manager, Bart Boles, will be promoting into the General Manager position, thus eliminating the need for the Assistant General Manager position which was created to secure an orderly transition in preparation of the retirement of the General Manager; and WHEREAS, in order to assist the General Manager with the increased workload due to industrial expansion, Henderson Water Utility desires to add the position of Senior Project Manager; and WHEREAS, Henderson Water Utility desires to also add a contractual position of Chief Engineer. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Sec. 23-43, Employment o_f General Manager And Management Employees, of Chapter 23, Utilities, Article II, Water and Sewer Service, Division 3, Water and Sewer Commission of the Code of Ordinances of the City of Henderson is hereby amended as follows: Sec. 23-43. - Employment ofgeneral manager and management employees. The water and sewer commission shall have power to employ, fix the compensation of, and discharge, the general manager, [assistant general manager, the] chief financial officer, chief engineer, senior project manager, and [the] director of operations. The general manager shall direct, employ, fix the compensation of, and discharge all other employees of the works and systems. Any employees of the works and systems, other than the positions of general manager, chief financial officer, the project engineer, and director of operations, who is within and subject to the civil service provisions at the end of business on August 31, 2020 will remain under the civil service provisions unless they transfer or promote to a new non-civil service position. Beginning on September 1, 2020, the water and sewer general manager (appointing authority) may fill all vacancies in regular full-time positions, and all promotions, without those employees being classified as within and subject to the civil service system. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner _ _ _, seconded by Commissioner _ _ _, that the ordinance be adopted on its first reading. PUBLICATION DATE: _ _ _ __ _ FIRST R EAD: _ _ __ SECOND READ: _ _ __ ORDINANCE NO.  ORDINANCE NO. CONT.) On roll call the vote stood: Commissioner Vowels: Vacancy:_ Commissioner Thomas: Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner _ _ _, seconded by Commissioner _ _ _, that the ordinance be adopted. WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Vowels: Commissioner_ _ Commissioner Thomas: Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed hi s signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: - - - - - - - - - - - ATTEST: By: - - - - - - - - -- - - Dawn Kelsey, City Attorney 2 ORDINANCE NO.  City Commission Memorandum 23-06 January 4, 2023 TO: Mayor Brad Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager /J/t)} SUBJECT: Appointment of Commissioner An item for the agenda of the Tuesday, January 10, 2023, meeting is a municipal order to fill the vacant seat on the Board of Commissioners. Due to the decision of Michael "Jay" Randolph not to take office, a vacancy has occurred and this commission, pursuant to KRS 83A.040, must fill that vacancy on the Board of Commissioners. The Commissioners desire to fill the vacant seat and discussion will take place at the meeting. This appointment will take effect upon the oath of office being administered and will last until the special election results are determined in November 2023. Your approval of the attached municipal order is requested.  MUNICIPAL ORDER NO. ---- MUNICIPAL ORDER APPOINTING _ _ _ _ _ _ TO FILL THE VACANT SEAT ON THE BOARD OF COMMISSIONERS WHEREAS, KRS 83A.040(5) states that if one (1) or more vacancies on a legislative body occur in a way that one (1) or more members remain seated, the remaining members shall within thirty (30) days fill the vacancies one ( 1) at a time; and WHEREAS, a vacancy was created on the Board of Commissioners by the Commission' s acceptance of the Notice of Intent Not to Take Oath of Office submitted by Michael "Jay" Randolph; and WHEREAS, the remaining members of the Board of Commissioners desire to appoint _ _ _ _ _ _ _ _ to fill the vacant seat. NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that _ _ _ _ _ _ is appointed by the Board of Commissioners to fill the vacant seat created by Michael "Jay" Randolph's decision not to take office until such time as the seat is filled by election, pursuant to KRS 83A. l 65. 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 Vowels: _ __ Vacancy: Commissioner Thomas: _ __ Mayor Staton: Commissioner Pruitt: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of January 2023. Bradley S. Staton, Mayor ATTEST: Date: - - - - - - - - - -- MUNICIPAL ORDER NO.  City Commission Memorandum 23-02 January 3, 2021 TO: Mayor Brad Staton and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr. , C ity Manager {jl)JJ SUBJECT: Designation of Mayor Pro Tern The accompanying resolution appoints City Commissioner Austin Vowels to serve in the position of Mayor Pro Tern. The Mayor Pro Tern acts for the Mayor whenever the Mayor is unable to attend to the duties of his office, possessing all rights, powers and duties of the Mayor at such times. The designation of a Mayor Pro Tern is established and required under KRS 83A. l 50 (3). Traditionally, the City Commissioner receiving the greatest number of votes has been designated to this office. Commissioner Austin Vowels received the greatest number of votes at the November 2022 election. The Mayor Pro Tern will serve in this capacity for the two-year term of office. c: City Attorney  RESOLUTION NO. _ __ RESOLUTION APPOINTING AUSTIN VOWELS AS MAYOR PRO TEM FOR THE CITY OF HENDERSON, KENTUCKY WHEREAS, pursuant to KRS 83A.150, it is provided that the Board of Commissioners shall appoint a City Commissioner to serve as Mayor Pro Tern. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Austin Vowels is hereby appointed Mayor Pro Tern for the City of Henderson, Kentucky effective as of January 1, 2023. 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: Vacancy: Commissioner Thomas: - - - Mayor Staton: Commissioner Pruitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: _ _ __ _ _ _ __ __ ATTEST: Dawn S. Kelsey, City Attorney RESOLUTION NO.  UPCOMING BOARD APPOINTMENTS BOARD EXPIRATION DATE TERM CITY/COUNTY AIRPORT BOARD Current Term Expires Dwight Williams 01/05/2023 4-Year WATER & SEWER COMMISSION Current Term Expires Term George F. Jones III 01/12/2023 3-Year John Henderson (resigned 12/2022) 01/12/2025 BOARD OF ZONING ADJUSTMENT Current Term Expires Term Rob Toerne 02/24/2023 4-Year BOARD OF OCCUPATIONAL LICENSE APPEALS Current Term Expires Term Alternate Member (Vacant-former member moved out of town) 3-Year Meeting: 01/10/2023