Owensboro Board of Commissioners
March 07, 2023 5:00 PM
Regular Meeting
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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 Larry Maglinger
4. PRESENTATIONS
4.A. "Rare Disease Day" Proclamation
4.B. OMU Update
Tim Lyons, General Manager
5. BUSINESS
5.A. Consider Approval of Minutes dated February 21, 2023.
Attachments
5.B. Consider Board Appointments
Rationale

Owensboro Health Board of Directors – Appoint Susanne Harris to a three-year term effective March 7, 2023

Audubon-Bon Harbor Area Neighborhood Alliance – Appoint April Brown to a two-year term effective March 7, 2023

Owensboro-Daviess County Board of Ethics– Appoint Russ Wilkey as a joint city-county appointment to a three-year term expiring March 2, 2026

Owensboro Housing Authority Board – Appoint Deborah Fillman to a four-year term effective March 21, 2023

Owensboro Human Relations Commission – Appoint Jennifer Vogel to fill the remainder of an unexpired term which ends October 19, 2024 (replaces Naheed Murtaza)  

6. ORDINANCES - 2nd READING - None
7. ORDINANCES - 1st READING
7.A. Consider Ordinance 07-2023 entitled AN ORDINANCE AMENDING SECTION 26-82 OF ARTICLE IV OF CHAPTER 26 OF THE OWENSBORO MUNICIPAL CODE, ENTITLED, “ELECTRIC UTILITY”; AND APPROVING AND ADOPTING RATES FOR ELECTRIC SERVICE FURNISHED BY THE CITY UTILITY COMMISSION OF THE CITY OF OWENSBORO, KENTUCKY.
Rationale

The City Utility Commission of the City of Owensboro, Kentucky, by Resolution passed on February 17, 2023, approved, adopted and fixed rates for electric service furnished by the said Utility Commission pursuant to the Statutes of the Commonwealth of Kentucky and the Ordinances of the City of Owensboro, Kentucky. The Board of Commissioners are required by KRS 96.530 and KRS 96.535 to approve rates for electric service fixed by the City Utility Commission.

Attachments
7.B. Consider Ordinance 08-2023 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; AND ADOPTING THE REVISED PAY GRADE AND RANGE STRUCTURES.
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 plan. The City recently retained JER HR Group to conduct a Classification, Compensation and Benefits study for city employees compared to similarly situated employers.  The Classification, Compensation and Benefits study recommends adopting the revised Pay Grade and Range Structures to improve the City's ability to attract and retain employees.

Attachments
7.C. Consider Ordinance 09-2023 entitled AN ORDINANCE AMENDING CHAPTER 16, ARTICLE XI, SECTION 16-278 OF THE OWENSBORO MUNICIPAL CODE TO ALLOW FOR SMOKING IN CERTAIN LIMITED PUBLIC PLACES WHERE AIR PURIFICATION TECHNOLOGY IS UTILIZED IN SEGREGATED AREAS.
Rationale

The City of Owensboro passed Ordinance 23-2014 on September 3, 2014, regulating smoking in public places such as restaurants, bars and city parks. The Board of Commissioners wishes to amend the Code of Municipal Ordinances to allow for smoking in certain limited public places where air purification technology is utilized in segregated areas.

Attachments
8. MUNICIPAL ORDERS
8.A. Consider Municipal Order 13-2023 entitled A MUNICIPAL ORDER DECLARING THE PROPERTY LOCATED AT 1602 EAST 18TH STREET AS SURPLUS PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT AND DEED CONVEYING THE PROPERTY.
Rationale

The City of Owensboro owns certain real property located at 1602 East 18th Street and now desires to declare the property to be surplus property, so it can be transferred to L & S Homes, LLC.

Attachments
8.B. Consider Municipal Order 14-2023 entitled A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED CONVEYING PROPERTY LOCATED AT 200 WILLIAMSBURG SQUARE TO REGIONAL WATER RESOURCE AGENCY (RWRA), ON WHICH RWRA HAS BUILT A PUBLICLY OWNED PUMP STATION FOR ITS OPERATIONS.
Rationale

The City of Owensboro owns property located at 200 Williamsburg Square on which an RWRA pump station is located. RWRA has requested that the City of Owensboro execute a deed of conveyance of the property.

Attachments
8.C. Consider Municipal Order 15-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF OWENSBORO AND ELLIS ENTERTAINMENT, LLC BY WHICH THE COMPANY SHALL MEET CERTAIN PAYROLL REQUIREMENTS IN ORDER TO EARN THE INCENTIVE PROVIDED FOR IN THE PARTIES’ AGREEMENT DATED APRIL 20, 2022.
Rationale

The City of Owensboro and Ellis Entertainment, LLC entered into an Agreement dated April 20, 2022, whereby the City agreed to incentivize the Company for its job creation initiative in our community, which Agreement was approved by Municipal Order 13-2022. The City and Ellis Entertainment, LLC desire to amend the Agreement to require the Company to meet annual payroll requirements to earn the incentive provided in the Agreement.

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

REGULAR STATUS:

Nicholas R. Flake – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective March 13, 2023

Jonathon Pearl – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective March 13, 2023

Rachel F. Frederick – Regular, full-time, non-civil service appointment to Firefighter with the Fire Department, effective March 13, 2023

Curtis R. Johnson – Regular, full-time, non-civil service appointment to Firefighter with the Fire Department, effective March 27, 2023

9.B. 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