Owensboro Board of Commissioners
December 20, 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. Cap Gardner Employee of the Year Award
4.B. OMU & Owensboro Neighborhood Alliance Golden Santa Award
5. BUSINESS
5.A. Consider Audit Report - Alexander Thompson Arnold, PLLC
5.B. Consider Approval of Minutes dated December 6, 2022.
Attachments
5.C. Consider Board Appointments
Rationale

Owensboro Sister Cities and Regions Board – Appoint Leigh Ann Tipton to a three-year term effective December 20, 2022.

Greater Owensboro Chamber of Commerce Board of Directors – Appoint Bob Glenn to a one-year term effective January 1, 2023.

City Employees’ Pension Board (Closed) – Reappoint Josh Bachmeier to a four-year term effective January 9, 2023. Appoint Mark Castlen to fill the remainder of an unexpired term which ends December 31, 2024.

Owensboro-Daviess County Regional Airport Board – Reappoint Michael King to a four-year term effective January 9, 2023.

Ambulance Contracting Authority Board – Reappoint Major Mike Staples to a four-year term effective January 2, 2023.

Civil Service Commission – Reappoint Keith Ellis to a three-year term effective January 9, 2023.

Property Maintenance Code Enforcement Board – Reappoint Glenn Morrison to a three-year term effective January 5, 2023. Reappoint Samuel Tandy to a three-year term effective February 5, 2023.

Green River Area Council On Aging – Appoint Darla Barker to a three-year term effective January 1, 2023

6. ORDINANCES - 2nd READING
6.A. Consider Ordinance 28-2022 entitled AN ORDINANCE OF THE CITY OF OWENSBORO, KENTUCKY AUTHORIZING THE ISSUANCE OF ITS CITY OF OWENSBORO, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2023A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $44,920,000 (WHICH AMOUNT MAY BE INCREASED BY UP TO $4,495,000 OR DECREASED BY ANY AMOUNT) FOR THE PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (I) AN INDOOR SPORTS COMPLEX, (II) A TRANSIENT BOAT DOCK LOCATED ALONG THE OHIO RIVER IN DOWNTOWN OWENSBORO, (III) A TRAINING CENTER FOR THE OWENSBORO FIRE DEPARTMENT, (IV) FIRE STATION REPAIRS AND IMPROVEMENTS FOR THE OWENSBORO FIRE DEPARTMENT, AND (V) VARIOUS OTHER COMMUNITY DEVELOPMENT PROJECTS; APPROVING THE FORMS OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE OR NOTICES WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; ESTABLISHING A BOND PAYMENT FUND FOR THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING THE ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES.
Rationale

The City of Owensboro has determined that it is a public purpose of the City to acquire, construct, equip, and install (i) an indoor sports complex, (ii) a transient boat dock located along the Ohio River in downtown Owensboro, (iii) a training center for the Owensboro Fire Department, (iv) fire station repairs and improvements for the Owensboro Fire Department, and (v) various other community development projects, all for the well-being and benefit of the citizens of the City (Project). In order to achieve these objectives, the City has determined that it is necessary and desirable at this time to proceed with the issuance of its General Obligation Bonds, Series 2023A in the approximate principal amount of $44,920,000, which amount may be increased by $4,495,000 or decreased by any amount, (i) to finance all or a portion of the costs of the Project; (ii) to pay capitalized interest on the Bonds, if desirable; (iii) to pay all or a portion of the cost of credit enhancement for the Bonds, if any; and (iv) to pay all or a portion of the costs of issuance of the Bonds.

Attachments
6.B. Consider Ordinance 29-2022 entitled AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023, AND AMENDING ORDINANCE 08-2022 TO PROVIDE FOR BOND ISSUANCE AND RELATED PROJECTS; UPDATED INFRASTRUCTURE AND SERVERS FOR 9-1-1 TELEPHONE SYSTEM; VARIOUS OTHER ITEMS NEEDED BY POLICE DEPARTMENT; AND CORRECTIONS TO CDBG AND HOME FUNDS.
Rationale

Budget amendment #2  to provide for bond issuance and related projects; updated infrastructure and servers for 9-1-1 telephone system; various other items needed by Police Department; and corrections to CDBG and HOME funds.

Attachments
6.C. Consider Ordinance 30-2022 entitled AN ORDINANCE CLOSING THE ALLEY RIGHT-OF-WAY BETWEEN 1410 WEST 5TH STREET AND PROPERTIES FROM 1508 TO 1438 WEST 5TH STREET IN THE CITY OF OWENSBORO, KENTUCKY.
Rationale

The City of Owensboro desires to close the alley right-of-way located between 1410 West 5th Street and properties from 1508 to 1438 West 5th Street. Consent of abutting property owners has been obtained.

Attachments
7. ORDINANCES - 1st READING
7.A. Consider Ordinance 01-2023 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 4513 U.S. HIGHWAY 60 WEST, 4575 U.S. HIGHWAY 60 WEST AND 280 HARBOR HILLS DRIVE CONTAINING A TOTAL OF 133.893 ACRES, MORE OR LESS, AT THE REQUEST OF DEER VALLEY SUBDIVISION, LLC.
Rationale

An Ordinance annexing the property located at 4513 U.S. Highway 60 West, 4575 U.S. Highway 60 West and 280 Harbor Hills Drive containing a total of 133.893 acres. There will be an annexation incentive agreement for the property.

Attachments
7.B. Consider Ordinance 02-2023 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 3805 WEST FIFTH STREET ROAD CONTAINING A TOTAL OF 114.245 ACRES, MORE OR LESS, AT THE REQUEST OF BIG RIVERS ELECTRIC CORPORATION.
Rationale

An Ordinance annexing the property located at 3805 West Fifth Street containing a total of 114.245 acres. There will be an incentive agreement for the property.

Attachments
8. MUNICIPAL ORDERS
8.A. Consider Municipal Order 51-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF OWENSBORO AND KENERGY, GRANTING A PERPETUAL EASEMENT FOR THE PURPOSE OF CONSTRUCTING AND THEREAFTER OPERATING, MAINTAINING, REPAIRING AND RECONSTRUCTING ELECTRIC TRANSMISSION LINES ACROSS A PORTION OF HILLCREST GOLF COURSE.
Rationale

Kenergy requests a perpetual easement for the purpose of constructing and thereafter operating, maintaining, repairing and reconstructing electric transmission lines and appurtenant facilities over and across a portion of Hillcrest Golf Course.

Attachments
8.B. Consider Municipal Order 52-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A BACKUP AMBULANCE SERVICE PROVIDER AND FINANCIAL SERVICE SUBSIDY AGREEMENT BETWEEN THE CITY OF OWENSBORO, DAVIESS COUNTY FISCAL COURT AND OWENSBORO HEALTH, INC. ENSURING CONTINUOUS AMBULANCE SERVICE IF THE CURRENT AMBULANCE SERVICE AGREEMENT IS TERMINATED.
Rationale

Mercy Ambulance of Evansville, Inc., d/b/a AMR (“AMR”) currently provides emergency medical ambulance services and emergency medical services to the City of Owensboro and Daviess County. Owensboro Health Inc. (“OH”) is willing to assume operational and financial responsibility for ambulance services if the current agreement with AMR is terminated. The City of Owensboro, Daviess County Fiscal Court, and OH have agreed to execute a “Backup Ambulance Service Provider and Financial Service Subsidy Agreement” to ensure continuous ambulance service for citizens of Owensboro and Daviess County.

Attachments
8.C. Consider Municipal Order 53-2022 entitled A MUNICIPAL ORDER APPROVING CHANGES TO ARTICLE 5 OF THE ARTICLES OF INCORPORATION OF OWENSBORO HEALTH, INC., AS REQUIRED BY ARTICLE 10 OF ITS ARTICLES OF INCORPORATION; THE PROPOSED AMENDMENTS TO ARTICLE 5 INCLUDE AN INCREASE IN THE BOARD OF DIRECTORS FROM FOURTEEN (14) TO SIXTEEN (16) MEMBERS, AND AN INCREASE IN THE NUMBER OF CITY APPOINTEES TO THE BOARD OF DIRECTORS FROM THREE (3) TO FOUR (4) MEMBERS.
Rationale

The OH Board of Directors has proposed changes to Article 5 of the Articles of Incorporation, which changes are being submitted to the Owensboro Board of Commissioners for its approval in accordance with Article 10 of the Articles of Incorporation.

Attachments
8.D. Consider Municipal Order 54-2022 entitled A MUNICIPAL ORDER APPROVING CHANGES TO ARTICLES III AND IV OF THE BYLAWS OF OWENSBORO HEALTH, INC., AS REQUIRED BY ITS ARTICLES OF INCORPORATION, AND SECTION 7.01 OF THE BYLAWS WHICH STATES THAT CERTAIN AMENDMENTS ADOPTED BY THE OWENSBORO HEALTH, INC. BOARD OF DIRECTORS ARE SUBJECT TO APPROVAL BY THE CITY AND COUNTY; THE PROPOSED AMENDMENTS TO SECTIONS 3.03, 3.07, 3.10, 4.03(a), 4.05, 4.06, AND 4.07 INCLUDE AN INCREASE IN THE BOARD OF DIRECTORS FROM FOURTEEN (14) TO SIXTEEN (16) MEMBERS, AND AN INCREASE IN THE NUMBER OF CITY APPOINTEES TO THE BOARD OF DIRECTORS FROM THREE (3) TO FOUR (4) MEMBERS.
Rationale

The OH Board of Directors has proposed changes to Article III, Sections 3.03, 3.07 and 3.10, and Article IV, Sections 4.03(a), 4.05, 4.06 and 4.07 of the bylaws, and are being submitted to the Owensboro Board of Commissioners for its approval, in accordance with Article VII, Section 7.01 of the bylaws.

Attachments
8.E. Consider Municipal Order 55-2022 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF OWENSBORO AND BIG RIVERS ELECTRIC CORPORATION, BY WHICH THE CORPORATION SHALL RELOCATE ITS LINEMEN, DISPATCH AND OTHER TECHNICAL EMPLOYEES TO THE CITY OF OWENSBORO IN EXCHANGE FOR CERTAIN FINANCIAL INCENTIVES FROM THE CITY.
Rationale

Big Rivers Electric Corporation desires to relocate its linemen, dispatch and other technical employees to the City of Owensboro, Kentucky which will create jobs and further stimulate local commerce. The City recognizes the economic impact of the Corporation’s move to Owensboro and hereby agrees to incentivize the Corporation for its relocation and job creation initiative in our community. The Parties wish to enter into a Memorandum of Agreement that memorializes the benefits and specific obligations of each.

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

NEW HIRE/PROBATIONARY STATUS:

Kevin J. Green – Probationary, full-time, non-civil service appointment to Laborer/Maintenance Helper with the Public Works Grounds Department, effective January 2, 2023

REGULAR STATUS:

Robin W. Cooper – Regular, full-time, non-civil service appointment to Citizens Service Representative with the Administration Department, effective December 19, 2022

Anthony D. Small – Regular, full-time, non-civil service appointment to Mechanic with the Public Works Transit Department, effective December 20, 2022

Melinda S. Main – Regular, full-time, non-civil service appointment to Bus Driver with the Public Works Transit Department, effective December 27, 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