Owensboro Board of Commissioners
May 17, 2022 5:00 PM
Regular Meeting
1. CALL TO ORDER
Mayor Tom Watson
Rationale

Please silence your cell phone during Commission Meeting.

2. ROLL CALL
City Clerk Beth Davis
3. INVOCATION & PLEDGE
Commissioner Jeff Sanford
4. PRESENTATIONS
4.A. Retirement Recognition - Police Officer Eric N. Flory - effective May 31, 2022
4.B. "National Police Week" Proclamation
4.C. "Olomouc, Czech Republic Day" Proclamation
5. BUSINESS
5.A. Consider Approval of Minutes dated May 3, 2022 and May 10, 2022.
Attachments
6. ORDINANCES - 2nd READING
6.A. Consider Ordinance 07-2022 entitled AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2021 AND ENDING JUNE 30, 2022, AND AMENDING ORDINANCE 7-2021 TO APPROPRIATE ARPA FUNDS, PROVIDE FOR ADDITIONAL APPROPRIATIONS IN VARIOUS AREAS AND TO ESTABLISH BUDGET FOR POLICE FUNDS.
Rationale

Budget amendment to appropriate ARPA funds, provide for additional appropriations in various areas and to establish budget for police funds.

Attachments
6.B. Consider Ordinance 08-2022 entitled AN ORDINANCE ADOPTING AND APPROVING THE ANNUAL BUDGET OF THE CITY OF OWENSBORO, KENTUCKY, FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023, AND APPROPRIATING THE REVENUES TO THE VARIOUS DEPARTMENTS OF THE CITY AS SET FORTH HEREIN.
Rationale

The estimated revenues and fund balances set forth in the 2022-2023 Budget of the City of Owensboro are hereby appropriated to the various departments of the City of Owensboro for the fiscal year beginning July 1, 2022, and ending June 30, 2023, in the amount of $140,513,161, inclusive of Internal Service Funds, for the various purposes designated in the 2022-2023 Annual Budget.

Attachments
6.C. Consider Ordinance 09-2022 entitled AN ORDINANCE ESTABLISHING THE COMPENSATION OF CITY EMPLOYEES AND NON-ELECTED CITY OFFICERS IN ACCORDANCE WITH A PERSONNEL AND PAY CLASSIFICATION PLAN, AS REQUIRED BY KRS 83A.070.
Rationale

KRS 83A.070(2) directs the legislative body of each city to fix the compensation of city employees and non-elected city officers in accordance with a personnel and pay classification which shall be adopted by ordinance.

Attachments
6.D. Consider Ordinance 10-2022 entitled AN ORDINANCE REPEALING AND REPLACING ORDINANCE 8-2005 WITH AN ORDINANCE CREATING AND ESTABLISHING FOR BID A NON-EXCLUSIVE TELECOMMUNICATIONS (OR RELATED NON-CABLE) FRANCHISE FOR THE PLACEMENT OF FACILITIES FOR THE GENERATION, TRANSMISSION, DISTRIBUTION AND SALE OF TELECOMMUNICATIONS OR RELATED NON-CABLE SERVICES WITHIN THE PUBLIC RIGHTS-OF-WAY OF CITY OF OWENSBORO FOR A TEN (10) YEAR DURATION; AND PROVIDING FOR COMPLIANCE WITH OTHER RELEVANT LAWS, REGULATIONS, STANDARDS, AND ORDINANCES; DEFINITIONS; WORK, MATERIALS AND CONSTRUCTION STANDARDS; WIRE MOVING AND TREE TRIMMING; PERFORMANCE BONDS; INDEMNIFICATION; INSURANCE; ACCESS TO PROPERTY AND INSPECTIONS; NOTICE OF FILINGS WITH THE PUBLIC SERVICE COMMISSION; NO VESTED RIGHTS; LIMITED ASSIGNMENT; NOTICE OF FORECLOSURE AND BANKRUPTCY; CANCELLATION OR TERMINATION; VIOLATIONS AND PENALTIES; PERMITTING AND INSPECTION FEES; ADDITIONAL PERMITTING AND OTHER REQUIREMENTS FOR SUBSTANTIAL NEW CONSTRUCTION; AND BID REQUIREMENTS; ALL EFFECTIVE ON DATE OF PASSAGE.
Rationale

The City of Owensboro seeks to repeal Ordinance 8-2005, which governs telecommunications franchises, and replace it with this Ordinance to reflect the changing landscape of telecommunications service in the City and the changes in federal and state law since 2005. This ordinance creates a non-exclusive franchise granting a telecommunications system within the City.

Attachments
7. ORDINANCES - 1st READING
7.A. Consider Ordinance 11-2022 entitled AN ORDINANCE CLOSING A PORTION OF THE ALLEY RIGHT-OF-WAY LOCATED BETWEEN 408 FREDERICA STREET AND 322 WEST FOURTH STREET IN THE CITY OF OWENSBORO, KENTUCKY.
Rationale

Rivercity Trio I LLC, has petitioned the City to close a portion of the alley right-of-way located between 408 Frederica Street and 322 West Fourth Street. All abutting property owners have submitted written, notarized consents. A public easement will be retained for OMU, RWRA, AT&T and Spectrum.

Attachments
7.B. Consider Ordinance 12-2022 entitled AN ORDINANCE ANNEXING TO THE CITY OF OWENSBORO CERTAIN UNINCORPORATED TERRITORY IN THE COUNTY OF DAVIESS ADJOINING THE PRESENT BOUNDARY LINE OF THE CITY, BEING PROPERTY LOCATED AT OR NEAR GOETZ DRIVE AND COVENTRY LANE, TRACT I (36.925 ACRES), TRACT II (16.099 ACRES) AND TRACT III (0.444 ACRES) CONTAINING A TOTAL OF 53.468 ACRES, MORE OR LESS, AT THE REQUEST OF OWENSBORO DEVELOPERS, LLC.
Rationale

An Ordinance annexing the property located at or near Goetz Drive and Coventry Lane, Tract I (36.925 acres), Tract II (16.099 acres) and Tract III (0.444 acres) containing a total of 53.468 acres. There will be an annexation incentive agreement for the property.

Attachments
7.C. Consider Ordinance 13-2022 entitled AN ORDINANCE ANNEXING TO THE CITY OF OWENSBORO CERTAIN UNINCORPORATED TERRITORY IN THE COUNTY OF DAVIESS ADJOINING THE PRESENT BOUNDARY LINE OF THE CITY, BEING PROPERTY (GOETZ DITCH) LOCATED AT OR NEAR THE WENDELL FORD EXPRESSWAY AND GOETZ DRIVE CONTAINING 11.619 ACRES, MORE OR LESS, AT THE REQUEST OF THE CITY OF OWENSBORO, KENTUCKY.
Rationale

An Ordinance annexing the property (Goetz Ditch) located at or near the Wendell Ford Expressway, and Goetz Drive, containing 11.619 acres.

Attachments
8. MUNICIPAL ORDERS
8.A. Consider Municipal Order 17-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR THE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP) INITIATIVE GRANT ADMINISTERED BY THE BUREAU OF JUSTICE ASSISTANCE DESIGNED TO PROVIDE CRITICAL RESOURCES TO LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSES OF REIMBURSING THE OWENSBORO POLICE DEPARTMENT FOR FIFTY PERCENT (50%) OF THE TOTAL COST OF $29,416.80, EXPENDED TO PURCHASE FORTY (40) NEW BULLETPROOF VESTS AND PLATES, THAT AMOUNT BEING $14,708.40.
Rationale

The Owensboro Police Department has forty (40) bulletproof vests which will expire and require replacement during the next fiscal year. The City seeks to execute an application for a Patrick Leahy Bulletproof Vest Partnership Initiative Grant administered by the Bureau of Justice Assistance to purchase forty (40) vests with a 50% grant reimbursement of $14,708.40.

Attachments
8.B. Consider Municipal Order 18-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR A FY2022 STATE HOMELAND SECURITY GRANT THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $263,730.00, THE PROCEEDS OF WHICH WILL BE UTILIZED BY THE OWENSBORO POLICE DEPARTMENT TO PURCHASE A TACTICAL MULTIPURPOSE RESPONSE AND RESCUE VEHICLE, FOR WHICH NO MATCH IS REQUIRED.
Rationale

The Owensboro Police Department (OPD) faces a number of significant threats to our residents and critical infrastructure.  OPD sustains a highly trained Emergency Response Team (ERT) to respond to all incidents that exceed the capability of patrol within their jurisdiction, including terrorist attacks, hostage situations and mass shooting incidents. OPD is requesting to apply for grant funds in the amount of $263,730.00 through the State Homeland Security Grant that may be awarded by the Kentucky Office of Homeland Security, for which no match is required. The funds will be used to purchase a tactical multipurpose Response and Rescue Vehicle. 

Attachments
8.C. Consider Municipal Order 19-2022 entitled A MUNICIPAL ORDER AUTHORIZING THE SALE OF THE CITY OF OWENSBORO’S ONE-THIRD (1/3) INTEREST IN PROPERTY CONTAINING 24.58 ACRES LOCATED AT 4015 AIRPARK DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT AND DEED CONVEYING THE PROPERTY TO R.L.R. INVESTMENTS, L.L.C.
Rationale

The City of Owensboro owns an undivided one-third (1/3) interest in 24.58 acres of vacant real property located at 4015 Airpark Drive, Owensboro, Kentucky, which is jointly owned by Economic Development Properties, Inc. (EDP). EDP has already approved the sale of its interest in the property to R.L.R. Investments, L.L.C.  The conveyance by the City of the 24.58 acres of property at 4015 Airpark Drive will promote economic development within the City and the property should be sold or transferred in accordance with KRS 82.083(4)(b).

Attachments
8.D. Consider Municipal Order 20-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF OWENSBORO AND THE CITY OF MAYFIELD GOVERNING THE REIMBURSEMENT OF COSTS ASSOCIATED WITH AID AND ASSISTANCE PROVIDED BY CITY EMPLOYEES.
Rationale

The City of Mayfield requested the City of Owensboro to provide aid and assistance necessitated by straight line winds, flooding and tornados occurring on or about December 10, 2021. Employees of the City of Owensboro did provide aid and assistance to the City of Mayfield. In order to obtain reimbursement for the aid and assistance provided by the City of Owensboro, the Parties wish to enter into a Memorandum of Agreement that memorializes the obligation of the City of Mayfield to reimburse the City of Owensboro.

Attachments
8.E. Consider Municipal Order 21-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY OF OWENSBORO AND BELL BANK, INC. AMENDING THE ACTIVATION DATE AND TERM OF THE AGREEMENT BY WHICH THE CORPORATION SHALL LOCATE A MORTGAGE SERVICES FACILITY IN THE CITY OF OWENSBORO IN EXCHANGE FOR CERTAIN FINANCIAL INCENTIVES FROM THE CITY, INCLUDING A REBATE OF FIFTY PERCENT (50%) OF THE GENERAL FUND OCCUPATIONAL FEE ON GROSS WAGES FOR SEVEN (7) YEARS PROVIDED CERTAIN EMPLOYMENT TARGETS ARE SATISFIED.
Rationale

Bell Bank, Inc. desires to locate a mortgage services facility in the City of Owensboro which will create jobs and further stimulate local commerce. The City recognizes the economic impact of the Corporation’s facility in Owensboro and has agreed to incentivize the Corporation for its job creation initiative in our community through a First Amendment to Economic Incentive Agreement. The Parties previously entered into an agreement through Municipal Order 06-2022. This updated agreement amends the activation date and term of the previous agreement establishing the benefits and obligations of each Party.       

Attachments
8.F. Consider Municipal Order 22-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OWENSBORO AND THE HOUSING AUTHORITY OF OWENSBORO BY WHICH THE HOUSING AUTHORITY SHALL MAKE PAYMENT IN LIEU OF AD VALOREM TAXES ON SPECIFIED HOUSING UNITS.
Rationale

The Housing Authority of Owensboro owns and manages approximately 248 units of affordable housing in the City of Owensboro. The Housing Authority is converting these units of affordable housing under the Rental Assistance Demonstration (“RAD”) Program under Section 8 of the Housing Act and will lease the units to Churchill Park, LLLP, in which the Housing Authority will remain a general partner. The units of housing will continue to be available as a resource for low-income residents of the City of Owensboro. The Parties wish to enter into an Agreement requiring the continued payment by the Housing Authority of payments in lieu of ad valorem taxes for the covered units of affordable housing.

Attachments
9. CITY MANAGER ITEMS
9.A. Consider the Financial Report for the period ending April 30, 2022.
Attachments
9.B. Consider Personnel Appointments
Rationale

PROMOTIONAL/PROBATIONARY STATUS:

Rachel E. AdkinsProbationary, full-time, non-civil service, promotional appointment to Maintenance Worker with the Public Works Grounds Department, effective May 22, 2022

Ted S. JohnstonProbationary, full-time, non-civil service, promotional appointment to Fire Driver/Engineer with the Fire Department, effective May 22, 2022

REGULAR STATUS:

Mark E. Pfeifer – Regular, full-time, non-civil service appointment to City Attorney with the Administration Department, effective May 24, 2022

9.C. City Manager Comments
10. COMMUNICATIONS FROM ELECTED OFFICIALS
11. OPEN PUBLIC FORUM
Rationale

Members of the audience are invited to address the City Commission on any matter of public concern that was not on tonight’s agenda.  Comments are limited to issues within the scope and responsibility of this Commission.  Commission meetings are held to conduct city business for the benefit of Owensboro citizens and taxpayers. 

At this time, anyone who wishes to address the City Commission please make their way to the podium to be recognized.  Speakers must state their name and address for the Clerk’s record, and limit their remarks to three (3) minutes or less.  Since the item is not on the agenda, no response is required from City staff or the Commission.  The Mayor reserves the right to extend time to the speaker.

12. ADJOURNMENT