Owensboro Board of Commissioners
June 06, 2023 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 Bob Glenn
4. BUSINESS
4.A. Consider Approval of Minutes dated May 9, 2023, May 15, 2023 and May 16, 2023.
Attachments
4.B. Consider Board Appointments
Rationale

Apollo Area Neighborhood Alliance  - Reappoint Anita Scrivner and Woody Maglinger to a two-year term effective June 16, 2023

City Utility Commission -Reappoint J.T. Fulkerson to fill the remainder of an unexpired term which ends December 31, 2024

5. ORDINANCES - 2nd READING
5.A. Consider Ordinance 13-2023 entitled AN ORDINANCE ADOPTING AND APPROVING THE ANNUAL BUDGET OF THE CITY OF OWENSBORO, KENTUCKY, FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024, 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 2023-2024 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, 2023, and ending June 30, 2024, in the amount of $154,309,596, inclusive of Internal Service Funds, for the various purposes designated in the 2023-2024 Annual Budget.

Attachments
6. ORDINANCES - 1st READING
6.A. Consider Ordinance 14-2023 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 FUNDING FOR WAGE STUDY, MAYOR CONTINGENCY, INFORMATION TECHNOLOGY AND GARAGE EQUIPMENT NEEDS AND BEN HAWES IRRIGATION PROJECT; TO RECEIVE AND APPROPRIATE CARES ACT FUNDING FOR RENTAL ASSISTANCE AND SMALL BUSINESS RELIEF; TO PROVIDE APPROPRIATIONS AND RECEIVE REIMBURSEMENT FOR SECONDARY EMPLOYMENT SERVICES AND VARIOUS POLICE GRANTS; AND TO TRUE-UP TIF REVENUES AND APPROPRIATIONS FOR YEAR END.
Rationale

Budget amendment #3 to provide funding for wage study, mayor contingency, Information Technology and Garage equipment needs and Ben Hawes irrigation project; to receive and appropriate CARES Act funding for rental assistance and small business relief; to provide appropriations and receive reimbursement for secondary employment services and various police grants; and to true-up tif revenues and appropriations for year end.

Attachments
6.B. Consider Ordinance 15-2023 entitled AN ORDINANCE CLOSING AN ALLEY RIGHT-OF-WAY ADJACENT TO 1624 PARRISH COURT, 1625 CARY COURT AND 1617 CARY COURT IN THE CITY OF OWENSBORO, KENTUCKY.
Rationale

Jordan Maddox has petitioned the City of Owensboro pursuant to KRS 82.405(2) to close an alley right-of-way adjacent to 1624 Parrish Court, 1625 Cary Court and 1617 Cary Court.  Adjoining and abutting property owners have given their written consents to the closing. An easement will be retained for Owensboro Municipal Utilities and Regional Water Resource Agency within the alley.

Attachments
6.C. Consider Ordinance 16-2023 entitled AN ORDINANCE CLOSING AN ALLEY RIGHT-OF-WAY ADJACENT TO 1627 MAYO AVENUE IN THE CITY OF OWENSBORO, KENTUCKY.
Rationale

Janet Brown has petitioned the City of Owensboro pursuant to KRS 82.405(2) to close an alley right-of-way adjacent to 1627 Mayo Avenue.  Adjoining and abutting property owners have given their written consents to the closing. An easement will be retained for Owensboro Municipal Utilities and Spectrum Cable within the alley.

Attachments
6.D. Consider Ordinance 17-2023 entitled AN ORDINANCE OF THE CITY OF OWENSBORO, KENTUCKY, PROVIDING FOR THE CREATION AND SALE OF A FRANCHISE FOR THE PRIVILEGE OF CONSTRUCTING, TRANSPORTING, OPERATING, MAINTAINING AND DISTRIBUTING NATURAL GAS ALONG AND UNDER PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF OWENSBORO, KENTUCKY, FOR A TERM OF TWENTY (20) YEARS, IN CONSIDERATION FOR WHICH, THE SUCCESSFUL FRANCHISEE SHALL PAY TO THE CITY AN ANNUAL SUM EQUAL TO A MINIMUM OF THREE PERCENT (3%) OF THE GROSS REVENUES DERIVED FROM THE FRANCHISE AWARDED HEREIN; AND FURTHER ESTABLISHING A PROCESS BY WHICH THE SUCCESSFUL FRANCHISEE SHALL BE PERMITTED TO DISTURB AND EXCAVATE PUBLIC RIGHT-OF-WAY WITHIN THE CITY IN ORDER TO CONSTRUCT, INSTALL, MAINTAIN AND/OR REPAIR ITS GAS FACILITIES, FIXTURES AND OTHER INFRASTRUCTURE ON TERMS AND CONDITIONS SET FORTH HEREIN; AND FURTHER ESTABLISHING A BID PROCEDURE FOR THE AWARD OF SAID FRANCHISE TO THE SUCCESSFUL BIDDER.
Rationale

The existing natural gas franchise between the City of Owensboro, Kentucky, and Atmos Energy Corporation expired on May 6, 2023.  The Constitution of the Commonwealth of Kentucky and the Kentucky Revised Statutes, authorize municipal corporations to require public utilities to operate under franchise agreements and to grant utilities the right to use public right-of-way on such terms and conditions as are deemed reasonable and necessary.  The Board of Commissioners has determined that the construction, operation, maintenance and utilization of a natural gas franchise over, across or under public right-of-way in the City of Owensboro, benefits said utility and the customers it serves.

Attachments
7. MUNICIPAL ORDERS
7.A. Consider Municipal Order 25-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEED OF EASEMENT FOR THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OVER AND ACROSS PROPERTY LOCATED AT 2160 GRIFFITH AVENUE.
Rationale

The City is engaged in the York Ditch Stormwater Project. As part of the project, it is necessary to acquire temporary and permanent easements to install and maintain a storm sewer pipe and related facilities on property located at 2160 Griffith Avenue owned by the Saint John Methodist Church of Owensboro, Kentucky, Inc.  This Order authorizes the execution of a Deed of Easement for that purpose.

Attachments
7.B. Consider Municipal Order 26-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE REAL ESTATE PURCHASE AGREEMENTS FOR THE ACQUISITION OF PROPERTIES LOCATED AT 915 CEDAR STREET AND 917 CEDAR STREET.
Rationale

The property owners of 915 Cedar Street and 917 Cedar Street desire to sell their real properties. The City seeks to acquire said properties for expansion of the Fire Station No. 1 located at 512 West 9th Street.

Attachments
7.C. Consider Municipal Order 27-2023 entitled A MUNICIPAL ORDER AUTHORIZING THE SALE OF THE CITY OF OWENSBORO’S ONE-THIRD (1/3) INTEREST IN PROPERTY CONTAINING APPROXIMATELY 20.00 ACRES LOCATED IN THE MIDAMERICA AIRPARK AND AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE OPTION, PURCHASE AGREEMENT AND DEED CONVEYING THE PROPERTY TO KENERGY CORP.
Rationale

The City of Owensboro owns an undivided one-third (1/3) interest in 83.454 acres of vacant real property located in the MidAmerica Airpark in Owensboro, Kentucky, which is jointly owned by Economic Development Properties, Inc. (EDP).  Kenergy Corp. desires to obtain an option to purchase the City’s interest in approximately 20.00 acres of the 83.454 acre tract to relocate its offices presently located at 3111 Fairview Drive.  

Attachments
7.D. Consider Municipal Order 28-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OWENSBORO AND KENERGY CORP. BY WHICH THE CORPORATION SHALL RELOCATE ITS OFFICES PRESENTLY LOCATED AT 3111 FAIRVIEW DRIVE TO THE MIDAMERICA AIRPARK IN THE CITY OF OWENSBORO IN EXCHANGE FOR CERTAIN FINANCIAL INCENTIVES FROM THE CITY, INCLUDING A REBATE OF FIFTY PERCENT (50%) OF THE AD VALOREM REAL PROPERTY TAXES AND GENERAL FUND OCCUPATIONAL FEES ON GROSS WAGES FOR EIGHT (8) YEARS.
Rationale

Kenergy Corp. desires to relocate its offices presently located at 3111 Fairview Drive to the MidAmerica Airpark in the City of Owensboro, Kentucky which will create jobs and further stimulate local commerce.  The City recognizes the economic impact of the Corporation’s facility in Owensboro and hereby agrees to incentivize the Corporation for its relocation to the City.

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

NEW HIRE/PROBATIONARY STATUS:

James Bryce Hamm – Probationary, full-time, non-civil service appointment to Laborer/Maintenance Helper with the Public Works Street/Stormwater Department, effective June 19, 2023

Richard R. Main – Probationary, full-time, non-civil service appointment to Bus Driver with the Public Works Transit Department, effective June 19, 2023

Shelley H. Shepherd – Probationary, full-time, non-civil service appointment to Human Resources Assistant with the Personnel Department, effective July 3, 2023

Tanner J. Townes – Probationary, full-time, non-civil service appointment to Firefighter with the Fire Department, effective July 3, 2023

PROMOTIONAL/PROBATIONARY STATUS:

Dustin D. Hamm – Probationary, full-time, non-civil service, promotional appointment to Maintenance Equipment Operator with the Public Works Street Department, effective June 19, 2023

Zachary L. Brown – Probationary, full-time, non-civil service, promotional appointment to Maintenance Equipment Operator with the Public Works Street Department, effective June 19, 2023

8.B. City Manager Comments
9. COMMUNICATIONS FROM ELECTED OFFICIALS
10. 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.

11. ADJOURNMENT