Owensboro Board of Commissioners
January 16, 2024 4:00 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 Sharon NeSmith
4. PRESENTATIONS
4.A. “National Wear Red Day” Proclamation
4.B. Human Relations Commission Update
Jaklyn Hill, Executive Director and Becky Brandle, Community Coordinator
4.C. Popular Annual Financial Report FYE June 30, 2023
Angela Waninger, Director of Finance & Support Services
4.D. Parks Department Summer Events Update
Amanda Rogers, Parks Director
4.E. City Project List
City Manager Nate Pagan
Attachments
5. BUSINESS
5.A. Consider Approval of Minutes dated December 19, 2023
Attachments
5.B. Consider Board Appointments
Rationale

Owensboro Parks & Recreation Advisory Board – Reappoint Scott Ingram to a two-year term effective January 18, 2024

Owensboro-Daviess County Regional Airport Board – Appoint Christopher Schindler to a four-year term effective January 21, 2024

6. ORDINANCES - 2nd READING
6.A. Consider Ordinance 1-2024 entitled AN ORDINANCE OF THE CITY OF OWENSBORO, KENTUCKY, PROVIDING FOR THE CREATION AND SALE OF A FRANCHISE FOR THE PRIVILEGE OF DISTRIBUTING AND SELLING ELECTRICITY ON, ABOVE, ALONG AND BELOW PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF OWENSBORO, KENTUCKY, FOR A TERM OF TEN (10) 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 EXCAVATE, DISTURB AND RESTORE PUBLIC RIGHT-OF-WAY WITHIN THE CITY IN ORDER TO CONSTRUCT, INSTALL, MAINTAIN AND/OR REPAIR ITS ELECTRICAL DISTRIBUTION SYSTEM, 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 term of the existing Electric Franchise Agreement between the City and Kenergy Corp. will expire on December 31, 2023. The Kentucky Constitution and Kentucky Revised Statutes stipulate that all new municipal franchises shall be bid after advertising and notice in the local newspaper.  This ordinance creates a non-exclusive franchise under which the successful bidder shall be entitled to utilize public right-of-way within the City to furnish electric utility services to industrial, commercial and residential customers within the City of Owensboro.  The term of the franchise shall be ten (10) years.  The successful franchisee shall pay to the City annually three percent (3%) of its gross revenues derived from the sale of electric power and energy transmitted on, under and across the City’s public right-of-way.  The City shall retain the right to inspect the franchisee’s electrical distribution system installed under the terms of this franchise and also franchisee’s records to verify the accuracy of the franchise fee being paid to the City.

This ordinance details all terms and conditions relative to the construction, installation, operation, removal, maintenance and/or repair of the electrical distribution system and franchisee’s responsibilities while using the City’s public right-of-way and infrastructure to provide electric power and energy to our citizens.

Attachments
7. ORDINANCES - 1st READING
7.A. Consider Ordinance 2-2024 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 ADJACENT TO 4359 HARBOR HILLS TRACE (TRACT 1) CONTAINING 0.074 ACRES, MORE OR LESS, AND PROPERTY LOCATED ADJACENT TO 4335 AND 4323 HARBOR HILLS TRACE (TRACT 2) CONTAINING 0.105 ACRES, MORE OR LESS, AT THE REQUEST OF BREKK PROPERTIES, LLC.
Rationale

An ordinance annexing the property located adjacent to 4359 Harbor Hills Trace (Tract 1) containing 0.074 acres, and property located adjacent to 4335 and 4323 Harbor Hills Trace (Tract 2) containing 0.105 acres, at the request of Brekk Properties, LLC.

Attachments
7.B. Consider Ordinance 3-2024 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 PROVIDE FOR RECEIPT OF GRANT FUNDS AND ASSOCIATED APPROPRIATIONS AND TO ADJUST CARRYOVERS IN TRANSIT AND CENTRAL DISPATCH.
Rationale

Budget amendment to provide for receipt of grant funds and associated appropriations and to adjust carryovers in Transit and Central Dispatch.

Attachments
8. MUNICIPAL ORDERS
8.A. Consider Municipal Order 1-2024 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT AND DEED FOR THE ACQUISITION OF PROPERTY LOCATED AT 2008 MCCULLOCH AVENUE; DECLARING THE PROPERTY AS SURPLUS; AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE A DEED TRANSFERRING THE PROPERTY IN ACCORDANCE WITH KRS 82.083 TO HABITAT FOR HUMANITY OF OWENSBORO-DAVIESS COUNTY, INC.
Rationale

The City of Owensboro seeks to acquire 2008 McCulloch Avenue to perform additional improvements in qualifying census tracts using HOME funds in compliance with National Housing and Urban Development objectives of removing blighted properties. The City desires to declare the property as surplus property so that it can be transferred in accordance with KRS 82.083 to Habitat for Humanity of Owensboro-Daviess County, Inc. to develop a new single family home which will be sold to a low-to-moderate income family.

Attachments
8.B. Consider Municipal Order 2-2024 entitled A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN APPLICATION FOR A KENTUCKY TRANSPORTATION CABINET OFFICE OF HIGHWAY SAFETY GRANT IN AMOUNT OF $44,000.00, THE PROCEEDS OF WHICH WILL ENABLE THE OWENSBORO POLICE DEPARTMENT TO PROVIDE OVERTIME TRAFFIC ENFORCEMENT DURING SPECIFIC MOBILIZATIONS WITHIN THE CITY OF OWENSBORO TO ENHANCE PUBLIC SAFETY; NO CASH MATCH BEING REQUIRED BY THE CITY.
Rationale

The Owensboro Police Department officers provide traffic enforcement during mobilizations in an effort to reduce traffic offenses.  The grant funds will directly cover overtime for specific mobilizations.  This grant would allow the Owensboro Police Department to enhance public safety through direct enforcement during the "Click It or Ticket", “Speed Weeks” and the "Drive Sober or Get Pulled Over" mobilizations.  The estimated costs of overtime and expenses are a total of $44,000.00.

Attachments
8.C. Consider Municipal Order 3-2024 entitled A MUNICIPAL ORDER DECLARING PROPERTY LOCATED AT HILLCREST GOLF COURSE AS SURPLUS PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE A DEED CONVEYING 0.764 ACRES, AND PERMANENT AND TEMPORARY EASEMENTS OVER ADDITIONAL TRACTS, TO THE COMMONWEALTH OF KENTUCKY, FOR THE USE AND BENEFIT OF THE TRANSPORTATION CABINET, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A ROUNDABOUT AT THE INTERSECTION OF OLD HARTFORD ROAD, FAIRVIEW DRIVE AND FOORS LANE.
Rationale

The City owns an undivided one-half (1/2) interest in property located at 4346 Old Hartford Road which contains Hillcrest Golf Course and now desires to declare a 0.764 acre portion of this property to be surplus property, so it can be sold to the Commonwealth of Kentucky, for the benefit of the Transportation Cabinet ("Commonwealth”), for a roundabout to be constructed at the intersection of Old Hartford Road, Fairview Drive, and Foors Lane.  The City also desires to grant permanent and temporary easements to the Commonwealth over and across portions of the Hillcrest Golf Course property to allow for construction and maintenance of the roundabout. Conveyance of the property and easements will have substantial benefit to citizens of Owensboro in alleviating traffic at the intersection, and will have only a temporary minimal impact upon golfers at Hillcrest.

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

NEW HIRE/PROBATIONARY STATUS:

Cheryl A. DePriest – Probationary, full-time, non-civil service appointment to Telecommunicator with the Police Department, effective January 29, 2024

Cameron D. Ernspiker – Probationary, full-time, non-civil service appointment to Telecommunicator with the Police Department, effective January 29, 2024

Beth A. Ebelhar – Probationary, full-time, non-civil service appointment to Clerk/Typist with the Public Works Sanitation Department, effective January 29, 2024, contingent upon successful completion of all post-offer, pre-employment requirements

Misty R. Miller – Probationary, full-time, non-civil service appointment to Bus Driver with the Public Works Transit Department, effective January 29, 2024, contingent upon successful completion of all post-offer, pre-employment requirements

Ryan C. Black – Probationary, full-time, non-civil service appointment to Firefighter with the Fire Department, effective February 12, 2024

Wyatt W. Griskey – Probationary, full-time, non-civil service appointment to Firefighter with the Fire Department, effective February 12, 2024

Brandon M. Pate – Probationary, full-time, non-civil service appointment to Firefighter with the Fire Department, effective February 12, 2024

PROMOTIONAL/PROBATIONARY STATUS:

James Bryce Hamm – Probationary, full-time, non-civil service, promotional appointment to Road Worker with the Public Works Street Department, effective January 28, 2024

REGULAR STATUS:

Damon N. Brandle – Regular, full-time, non-civil service appointment to Firefighter with the Fire Department, effective January 5, 2024

Colton W. Baker – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective January 18, 2024

Christina E. Butler – Regular, full-time, non-civil service appointment to Police Officer with the Police Department, effective January 7, 2024

Kevin J. Green – Regular, full-time, non-civil service appointment to Laborer/Maintenance Helper with the Public Works Grounds Department, effective January 3, 2024

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. CLOSED SESSION
12.A. Closed Session under KRS 61.810(1)(f) for discussions which might lead to the appointment, discipline, or dismissal of an individual employee without restricting that employee's right to a public hearing if requested.
13. ADJOURNMENT