Owensboro Board of Commissioners
June 20, 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 Pam Smith-Wright
4. BUSINESS
4.A. Consider Approval of Minutes dated June 6, 2023 and June 13, 2023.
Attachments
4.B. Consider Board Appointments
Rationale

RiverPark Center Board of Directors - Reappoint Lelan Hancock to a three-year term effective July 2, 2023

Property Maintenance Code Enforcement Board – Reappoint Jeff Sanford to a three-year term effective July 2, 2023

5. ORDINANCES - 2nd READING
5.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
5.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
5.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
5.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
6. ORDINANCES - 1st READING - None
7. MUNICIPAL ORDERS - None
8. CITY MANAGER ITEMS
8.A. Consider the Financial Report for the period ending May 31, 2023
Attachments
8.B. Consider Personnel Appointments
Rationale

NEW HIRE/PROBATIONARY STATUS:

Sarah R. Dowell – Probationary, full-time, non-civil service appointment to Accounting Clerk with the Finance Department, effective July 3, 2023

Brandon R. Hunt – Probationary, full-time, non-civil service appointment to Police Officer with the Police Department, effective July 3, 2023

PROMOTIONAL/PROBATIONARY STATUS:

John D. Berry – Probationary, full-time, non-civil service, promotional appointment to Engineering Technician with the Public Works Engineering Department, effective July 2, 2023

Cody D. Cliff – Probationary, full-time, non-civil service, promotional appointment to Police Sergeant with the Police Department, effective July 2, 2023

Whitney A. Payne – Probationary, full-time, non-civil service, promotional appointment to Police Sergeant with the Police Department, effective July 2, 2023

REGULAR STATUS:

Mark A. Pearre – Regular, full-time, non-civil service appointment to Instrument Technician with the Public Works Engineering Department, effective June 19, 2023

Sean E. Kaufman – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective June 20, 2023

Aleph G. Zavala – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective June 20, 2023

Whitney M. McFarland – Regular, full-time, non-civil service appointment to Administrative Aide with the Finance Department, effective June 20, 2023

8.C. 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