Owensboro Board of Commissioners
September 05, 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. PRESENTATIONS
4.A. National Recovery Month Proclamation
4.B. Airshow Update
Tim Ross, Public Events Director
5. BUSINESS
5.A. Consider Approval of Minutes dated August 15, 2023.
Attachments
5.B. Consider Board Appointments
Rationale

Alliance for a Drug-Free Owensboro and Daviess County – Reappoint Erica Wade to a three-year term expiring September 2, 2026.

Northwest Neighborhood Alliance – Appoint Patricia Mosby to a two-year term effective September 5, 2023.

Senior Community Center of Owensboro-Daviess County Board – Appoint Mark Schmidt to fill the remainder of an unexpired term which ends December 31, 2024 (replacing Ed Higdon). Appoint Jennifer Burke to fill the remainder of an unexpired term which ends December 31, 2024 (replacing Joe Mason). Appoint Patti Taylor to a three-year term effective September 5, 2023.

6. ORDINANCES - 2nd READING
6.A. Consider Ordinance 20-2023 entitled AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-16 OF THE OWENSBORO MUNICIPAL CODE TO UPDATE THE MEETING SCHEDULE OF THE OWENSBORO BOARD OF COMMISSIONERS.
Rationale

The change will eliminate the noon work session on the second Tuesday of the month and move the 5:00 p.m. meeting on the third Tuesday of the month to 4:00 p.m.

Attachments
6.B. Consider Ordinance 21-2023 entitled AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND AMENDING ORDINANCE 13-2023 TO REVISE BEGINNING FUND BALANCES, CARRYOVER APPROPRIATIONS FOR ALL OUTSTANDING ENCUMBRANCES, CAPITAL PROJECTS AND RE-BUDGET FUNDS.
Rationale

Budget amendment to revise beginning fund balances, carryover appropriations for all outstanding encumbrances, capital projects and re-budget funds.

Attachments
7. ORDINANCES - 1st READING
7.A. Consider Ordinance 22-2023 entitled AN ORDINANCE CONFIRMING THE SALE AND AWARDING A NON-EXCLUSIVE GAS FRANCHISE TO ATMOS ENERGY CORPORATION FOR THE PLACEMENT OF FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF GAS FOR HEATING AND OTHER PURPOSES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF OWENSBORO FOR A TERM OF TWENTY (20) YEARS, IMPOSING A FRANCHISE FEE OF THREE PERCENT (3%) OF ATMOS ENERGY CORPORATION’S GROSS ANNUAL REVENUES FROM THE SALE, DISTRIBUTION, AND DELIVERY OF GAS WITHIN THE CITY OF OWENSBORO AND AUTHORIZING THE MAYOR TO SIGN A FRANCHISE AGREEMENT WITH ATMOS ENERGY CORPORATION.
Rationale

The creation and sale of a non-exclusive franchise, for a term of twenty (20) years, for the privilege of constructing, operating, maintaining and distributing natural gas along and under public rights-of-way within the corporate boundaries of the City of Owensboro was approved June 20, 2023.  The only bid received was from Atmos Energy Corporation.  Therefore, this ordinance awards the franchise to Atmos and authorizes a Gas Franchise Agreement.

Attachments
7.B. Consider Ordinance 23-2023 entitled AN ORDINANCE LEVYING AD VALOREM TAXES FOR MUNICIPAL PURPOSES FOR THE FISCAL YEAR COMMENCING JULY 1, 2023, AND ENDING JUNE 30, 2024, AT THE RATE OF 26.40 CENTS PER $100 OF ASSESSED VALUATION OF REAL PROPERTY, 27.08 CENTS PER $100 OF ASSESSED VALUATION OF PERSONAL PROPERTY, AND 30.30 CENTS PER $100 OF ASSESSED VALUATION OF VEHICLES, AND PROVIDING FOR THE COLLECTION AND APPORTIONMENT OF SAME.
Rationale

An Ordinance to levy ad valorem taxes for municipal purposes for the fiscal year commencing July 1, 2023 and ending June 30, 2024, at the rate of 26.40 cents for $100 of assessed valuation of real property, 27.08 cents per $100 of assessed valuation of personal property, and 30.30 cents per $100 of assessed valuation of vehicles.  Also, to provide for the collection and apportionment of same.

Attachments
7.C. Consider Ordinance 24-2023 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 45 BOOTH FIELD ROAD (HWY 3067), CONTAINING 0.995 ACRES, MORE OR LESS, AT THE REQUEST OF JUSTIN CAMACHO AND KASEY DUPONT.
Rationale

An ordinance annexing the property located at 45 Booth Field Road (Hwy 3067), containing 0.995 acres at the request of Justin Camacho and Kasey Dupont.  There is an annexation incentive associated with the annexation.

Attachments
8. MUNICIPAL ORDERS
8.A. Consider Municipal Order 31-2023 entitled A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ACCEPT A HOME INVESTMENT PARTNERSHIPS – AMERICAN RESCUE PLAN (HOME-ARP) GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND EXECUTE ALL NECESSARY DOCUMENTS ASSOCIATED TO ITS AWARD.
Rationale

The Order authorizes the City to accept a HOME Investment Partnerships – American Rescue Plan (HOME-ARP) grant in the amount of $1,007,867.00.  

Attachments
8.B. Consider Municipal Order 32-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT FOR THE ACQUISITION OF PROPERTY LOCATED AT 600 WEST THIRD STREET.
Rationale

Joel David Osborne owns certain real property located at 600 West Third Street in Owensboro, Daviess County, Kentucky and desires to sell the property.  The City of Owensboro seeks to acquire said property for use as parking for the indoor sports complex and to continue revitalization in the downtown area.

Attachments
8.C. Consider Municipal Order 33-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR LAW ENFORCEMENT PROTECTION PROGRAM GRANT FUNDING THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $50,093.90 THE PROCEEDS OF WHICH WILL BE UTILIZED BY THE CITY OF OWENSBORO POLICE DEPARTMENT TO PURCHASE ROUNDS OF AMMUNITION FOR PATROL RIFLES AND PATROL PISTOLS; NO MATCH REQUIRED FROM THE CITY.
Rationale

The Owensboro Police Department (OPD) annually purchases ammunition for patrol rifles and patrol pistols. The ammunition is used for training purposes, required range activity and duty weapons.  The OPD seeks to purchase ammunition to be used in patrol rifles and patrol pistols through the Law Enforcement Protection Program grant awarded by the Kentucky Office of Homeland Security.

Attachments
8.D. Consider Municipal Order 34-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR LAW ENFORCEMENT PROTECTION PROGRAM GRANT FUNDING THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $9,988.43, THE PROCEEDS OF WHICH WILL BE UTILIZED BY THE CITY OF OWENSBORO POLICE DEPARTMENT TO PURCHASE EIGHTY-EIGHT (88) NEW BALLISTIC PLATE CARRIERS; NO MATCH REQUIRED FROM THE CITY.
Rationale

The Owensboro Police Department (OPD) provides each of its sworn officers with bulletproof vests and ballistic plates and carriers.  The carriers purchased in 2020 which are now in need of replacement due to wear and use.   The OPD seeks to purchase eighty-eight (88) new ballistic plate carriers through the Law Enforcement Protection Program grant awarded by the Kentucky Office of Homeland Security.

Attachments
8.E. Consider Municipal Order 35-2023 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR THE SERVICES TRAINING OFFICERS PROSECUTORS (STOP) VIOLENCE AGAINST WOMEN ACT FORMULA GRANT PROGRAM THROUGH THE KENTUCKY JUSTICE AND PUBLIC SAFETY CABINET IN THE AMOUNT OF $2,992.50, THE PROCEEDS OF WHICH WILL BE UTILIZED BY THE CITY OF OWENSBORO POLICE DEPARTMENT TO PURCHASE TWO (2) DATA PILOT ACQUISITION DEVICES; A TWENTY-FIVE PERCENT (25%) IS MATCH REQUIRED FROM THE CITY.
Rationale

The Owensboro Police Department (OPD) cited 198 individuals in calendar year 2022 for domestic violence crimes.  In order to thoroughly investigate these crimes and provide victim assistance, the Investigations Division at the OPD examines electronic devices such as cell phones, tablets and other storage devices.  The Data Pilot acquisition device increases digital forensic capabilities by allowing data to be uploaded on scene and permits the electronic device to be returned to the victim.  The OPD requests grant funds through the Services Training Officers Prosecutors (STOP) Violence Against Women Act Formula Grant Program to purchase two (2) Data Pilot acquisition devices.  A twenty-five percent (25%) match of $997.50 is required and budgeted.

Attachments
8.F. Consider Municipal Order 36-2023 entitled A MUNICIPAL ORDER OF THE CITY OF OWENSBORO, KENTUCKY, SUPPORTING SUBMITTAL OF AN ECONOMIC DEVELOPMENT FUND APPLICATION TO THE KENTUCKY ECONOMIC DEVELOPMENT CABINET BY GREATER OWENSBORO ECONOMIC DEVELOPMENT CORPORATION, FOR ACCESS INTO THE MASSIE SITE PROPERTY LOCATED WITHIN DAVIESS COUNTY, KENTUCKY.
Rationale

Greater Owensboro Economic Development Corporation (GOEDC), is involved in the development of a 184 acre industrial park in Owensboro-Daviess County which will leverage over $423,500.00 in investment towards the development of the site and be a benefit to the citizens and residents of the City and County.  The City supports the request of GOEDC to apply for funding for the project.

Attachments
9. CITY MANAGER ITEMS
9.A. Consider the Financial Report for the period ending July 31, 2023.
Attachments
9.B. Consider Personnel Appointments
Rationale

NEW HIRE/PROBATIONARY STATUS:

Andrew J. MockProbationary, full-time, non-civil service appointment to Firefighter with the Fire Department, effective September 25, 2023

PROMOTIONAL/PROBATIONARY STATUS:

Luke A. Cecil – Probationary, full-time, non-civil service, promotional appointment to Fire Captain with the Fire Department, effective September 10, 2023

Ted S. Johnston – Probationary, full-time, non-civil service, promotional appointment to Fire Lieutenant with the Fire Department, effective September 10, 2023

Romance Moore – Probationary, full-time, non-civil service, promotional appointment to Bus Driver with the Public Works Transit Department, effective September 10, 2023

Katherine M. Phelps – Probationary, full-time, non-civil service, promotional appointment to Assistant TAC Telecommunicator with the Police Department, effective September 10, 2023

REGULAR STATUS:

Marvin L. Ammons – Regular, full-time, non-civil service appointment to Maintenance Equipment Operator with the Public Works Grounds Department, effective September 11, 2023

Jonathan W. Cook – Regular, full-time, non-civil service appointment to Maintenance Equipment Operator with the Public Works Grounds Department, effective September 11, 2023

Landon D. Roberts – Regular, full-time, non-civil service appointment to Parks and Recreation Facilities Specialist with the Parks Department, effective September 11, 2023

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