Owensboro Board of Commissioners
January 03, 2023 5:00 PM
Regular Meeting
Return
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 Mark Castlen
4. ADMINISTER OATH OF OFFICE TO BOARD OF COMMISSIONERS
Honorable Jay A. Wethington, Chief Circuit Judge, Daviess Circuit Court
5. PRESENTATION
5.A. Law Enforcement Appreciation Day Proclamation
6. BUSINESS
6.A. Election of Mayor Pro Tem
6.B. Consider Board Appointment
Rationale

Property Maintenance Code Enforcement Board – Appoint Joey Burshears to a three-year term effective January 6, 2023

7. ORDINANCES - 2nd 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. ORDINANCES - 1st READING - None
9. MUNICIPAL ORDERS
9.A. Consider Municipal Order 01-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH DEER VALLEY SUBDIVISION, LLC PROVIDING FOR THE CONSENSUAL ANNEXATION OF UNINCORPORATED PROPERTY LOCATED IN DAVIESS COUNTY AT 4513 U.S. HIGHWAY 60 WEST, PORTIONS OF 4575 U.S. HIGHWAY 60 WEST AND 280 HARBOR RIDGE DRIVE, CONTAINING A TOTAL OF 133.893 ACRES, MORE OR LESS; AND FURTHER PROVIDING THAT THE CITY SHALL REIMBURSE DEER VALLEY SUBDIVISION, LLC ONE HUNDRED PERCENT (100%) OF THE TOTAL AD VALOREM (EXCLUDING SCHOOL TAX), NET PROFITS, AND OCCUPATIONAL TAX REVENUES DERIVED FROM THE PROPERTY OVER DESIGNATED FIVE (5) YEAR PERIODS.
Rationale

Deer Valley Subdivision, LLC has consented to the annexation of the property located at 4513 U.S. Highway 60 West, portions of 4575 U.S. Highway 60 West and 280 Harbor Ridge Drive, containing a total of 133.893 acres. The Order sets forth the terms and conditions of the annexation incentive.

Attachments
9.B. Consider Municipal Order 02-2023 entitled A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER 41-2022 TO CHANGE THE APPLICATION FOR FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE TOTAL AMOUNT OF $11,212,250.00; AND AUTHORIZING AND DIRECTING THE FUNDS TO BE DISBURSED TO OWENSBORO GRAIN COMPANY, LLC TO FACILITATE CONSTRUCTION OF A WALL ON THE BANK OF THE OHIO RIVER TO ENSURE THE CONTINUED STABILITY OF OWENSBORO GRAIN’S FACILITIES; AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH OWENSBORO GRAIN COMPANY, LLC CONCERNING THE FUNDS.
Rationale

The Board of Commissioners approved Municipal Order 41-2022 authorizing Owensboro Grain Company, LLC to apply for funds from the Federal Emergency Management Agency in the amount of $10,766,250.00 so that it can construct a 1400’ sheet pile wall on the south bank of the Ohio River to ensure the continued stability of its facilities. The total cost for the project has increased and Owensboro Grain now desires to apply for funds in the amount of $11,212,750.00 from FEMA. The City remains as a conduit for the funds and will have no obligations concerning the application or the project and its costs.

Attachments
9.C. Consider Municipal Order 03-2023 entitled A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE TOTAL AMOUNT OF $5,352,167.00 TO FACILITATE UPGRADES TO THE STORM SEWER DRAINAGE SYSTEM IN THE YORK PARK AREA TO MITIGATE LOCALIZED FLOODING.
Rationale

The Federal Emergency Management Agency has HMGP (Hazard Mitigation Grant Program) funds available for the purpose of supporting local communities in undertaking hazard mitigation projects. The City desires to apply for funds in the amount of $5,352,167.00 from FEMA so that it can reconstruct the existing storm sewer system with larger conveyances as well as disconnection from the combined sewer system.

Attachments
10. CITY MANAGER ITEMS
10.A. Consider Personnel Appointments
Rationale

REGULAR STATUS:

Andrew L. O’Bryan – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective January 3, 2023

Terry D. Seaton – Regular, full-time non-civil service appointment to Maintenance Equipment Operator with the Public Works Street Department, effective January 3, 2023

11. REMARKS AND RECOGNITION OF GUESTS
12. ADJOURNMENT
13. RECEPTION TO FOLLOW MEETING