PLEASE TURN OFF YOUR CELL PHONE DURING COMMISSION MEETING by hubeybrown

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									  PLEASE TURN OFF YOUR CELL PHONE
DURING COMMISSION MEETING TO AVOID
INTERFERENCE WITH AUDIO CAPABILITY.



                                      AGENDA

               OWENSBORO BOARD OF COMMISSIONERS
                              Tuesday, November 18, 2008
                                       5:00 PM




   INVOCATION & PLEDGE: Commissioner David Johnson

   PROCLAMATIONS:

        Ø Mayor's Award of Distinction to Youth Hall of Fame Inductees: Clay Willis
          (Community Service Award), Ashley Hatcher (Character Award), Will Payne
          (Compassion Award, and Jowanza John (Courage Award).

        Ø Mayor's Certificate of Outstanding Service for 25 years of service to Ray Best,
          Fire Driver/Engineer for the Owensboro Fire Department.

        Ø Mayor's Certificate of Outstanding Service for 25 years of service to Steven
          Leonard, Battalion Chief for the Owensboro Fire Department.

   PRESENTATIONS:

        Ø Economic Development Corporation update - Dr. Nicholas Brake

   BUSINESS:

     1. Consider for approval minutes dated October 21, and November 11, 2008

     2. Consider the following appointments:

        Ø Cable Advisory Board – Reappoint Tracy Marksberry, Nate Pagan & Linda
          Salyer to two-year terms effective November 7, 2008. Appoint Rodney Berry,
          John Bryenton and Lisa Sugg to two-year terms effective November 7, 2008.
     Ø Owensboro Riverport Authority – Appoint Dion Moorman to a four-year term
       effective September 9, 2008.

ORDINANCES – 2nd reading:

  3. CONSIDER ORDINANCE NO. 36-2008 – AN ORDINANCE AMENDING THE
     ANNUAL BUDGET OF THE CITY OF OWENSBORO, KENTUCKY, FOR THE
     FISCAL YEAR BEGINNING JULY 1, 2008, AND ENDING JUNE 30, 2009, AND
     AMENDING ORDINANCE NO. 32-2008 APPROPRIATING THE REVENUES TO
     THE VARIOUS DEPARTMENTS OF THE CITY AS SET FORTH HEREIN.

     BACKGROUND: This budget amendment creates the position of Assistant Public
     Works Director/Operations and sets up a storm clean-up account.

     RECOMMENDATION: Adopt Ordinance No. 36-2008.

  4. CONSIDER ORDINANCE NO. 37-2008 – AN ORDINANCE AMENDING POLICY
     201 OF THE CITY OF OWENSBORO PERSONNEL POLICY MANUAL RELATING
     TO EMPLOYMENT.

     BACKGROUND: The Personnel Policy Manual revision provides that the position
     of Assistant Director of Public Works (Operations) is exempt from civil service
     status.

     RECOMMENDATION: Adopt Ordinance No. 37-2008.

ORDINANCES – 1st reading:

  5. CONSIDER ON 1st READING ORDINANCE N0. 38-2008 – ORDINANCE
     REPEALING ORDINANCE 35-2008 APPROVED ON OCTOBER 21, 2008, AND
     ENACTING IN ITS PLACE AN ORDINANCE AUTHORIZING AND DIRECTING
     THE RETENTION OF .60 PERCENT (.60%) OF ALL OCCUPATIONAL LICENSE
     FEES DUE AND PAYABLE TO THE CITY OF OWENSBORO, KENTUCKY, BY
     ORDINANCE, FROM THE SALARIES, WAGES AND OTHER COMPENSATION
     TO BE PAID TO THE EMPLOYEES OF FIELD PACKING COMPANY, LLC,
     PROVIDED SAID CORPORATION MEETS THE CRITERIA SET FORTH IN ITS
     APPLICATION FOR INCENTIVES UNDER THE KENTUCKY INDUSTRIAL
     REVITALIZATION ACT.

     BACKGROUND: Field Packing Company originally requested the Board of
     Commissioners to approve an ordinance in support of the City’s participation in a
     Kentucky Industrial Revitalization Act tax credit program to provide incentives for
     Field to expand its operations and rehabilitate its current facilities in Owensboro.
     Specifically, the City agreed to forfeit .85 percent (.85%) of the 1.33% occupational
     tax on gross employee wages paid to all employees of Field Packing for a 10-year
     period beginning upon activation of the program, and Ordinance 35-2008 was
  approved on October 21, 2008. Shortly thereafter, the City and Field Packing
  Company agreed that the .85% retention was incorrect and should have been
  .60%. The City has agreed to repeal Ordinance 35-2008 and enact a new
  ordinance in its place providing for the retention of .60% of all occupational license
  fees on gross employee wages paid to all employees of Field Packing Company.

  Field Packing Company anticipates that it will grow and prosper in Owensboro. By
  participating in this incentive program, the City will be investing in quality jobs that
  will generate additional tax revenues over the long term.

  RECOMMENDATION: Introduce and publicly read on first reading.

6. CONSIDER ON 1st READING ORDINANCE N0. 39-2008 – ORDINANCE
   REPEALING CHAPTER 16, ARTICLE X, ENTITLED “ADULT ENTERTAINMENT
   ESTABLISHMENTS,” SECTIONS 16-251 THROUGH 16-264, OF THE
   OWENSBORO MUNICIPAL CODE, IN THEIR ENTIRETY.

  BACKGROUND: A county-wide ordinance that will regulate sexually oriented
  business in Owensboro and Daviess County will be considered by the Daviess
  Fiscal Court at its meetings on November 20 and December 4, 2008. The new
  regulations in this ordinance will be effective in the City of Owensboro, as well as
  Daviess County, and are in compliance with constitutional requirements and First
  Amendment rights under the United States and Kentucky Constitutions. The
  ordinance will establish reasonable and uniform regulations to prevent the
  deleterious secondary effects of sexually oriented businesses within Owensboro
  and Daviess County. The City of Owensboro now deems it necessary and
  appropriate to repeal, in its entirety, the existing legislation currently contained
  within the Owensboro Municipal Code.

  RECOMMENDATION: Introduce and publicly read on first reading.

7. CONSIDER ON 1st READING ORDINANCE N0. 40-2008 – AN ORDINANCE
   AMENDING THE ANNUAL BUDGET OF THE CITY OF OWENSBORO,
   KENTUCKY, FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, AND ENDING
   JUNE 30, 2009, AND AMENDING ORDINANCE NO. 36-2008 APPROPRIATING
   THE REVENUES TO THE VARIOUS DEPARTMENTS OF THE CITY AS SET
   FORTH HEREIN.

  BACKGROUND: The proposed budget amendment creates the position of
  Director of Finance and Support Services, allows budgeting the additional grant
  and proceeds from the issuance of debt to complete the riverwall, and budgets the
  Centre for Business & Research and additional funding for the Gateway study.

  RECOMMENDATION: Introduce and publicly read on first reading.
  8. CONSIDER ON 1st READING ORDINANCE N0. 41-2008 – AN ORDINANCE
     AMENDING POLICY 201 OF THE CITY OF OWENSBORO PERSONNEL POLICY
     MANUAL RELATING TO EMPLOYMENT.

     BACKGROUND: The Personnel Policy Manual revision provides that the positions
     of Director of Finance and Support Services, Street (Dept). Manager, and Public
     Works Maintenance Worker, shall be exempt from civil service status.

     RECOMMENDATION: Introduce and publicly read ordinance on first reading.

MUNICIPAL ORDERS – one reading:

  9. CONSIDER MUNICIPAL ORDER NO. 37-2008 MUNICIPAL ORDER AMENDING
     SECTIONS I AND II OF THE “POLICE AND FIRE PERSONNEL PROCEDURES
     MANUAL,” RELATING TO ENTRY-LEVEL, LATERAL, AND CIVILIAN
     RECRUITMENT.

     BACKGROUND: Proposed revisions would make the recruitment process more
     manageable by incorporating a non-scored interview prior to the background
     investigation/polygraph to determine who proceeds further, who is retained on the
     list and who is no longer under consideration for employment. The policy changes
     clarify that lateral transfer experience is to be consecutive and current. Also, the
     policy will reflect the appropriate training required for firefighter lateral transfers and
     adds EMT certification requirement. Language is also added to clearly define when
     it is appropriate to fill civilian positions via a closed recruitment process versus an
     open recruitment process.

     RECOMMENDATION: Adopt Municipal Order 37-2008.

CITY MANAGER ITEMS:

  A. Consider the financial report for the period ended October 31, 2008.

  B. Consider the following personnel appointments:

     Ø The probationary full-time, civil service, promotional appointment of Tammy G.
       Simpson to Crew Leader with the Street Department, effective November 24,
       2008.

     Ø The full-time, probationary, civil service appointment of Duncan R. Bradley to
       Refuse Truck Driver with the Sanitation Department, effective November 24,
       2008.

     Ø The regular, full-time, non-civil service appointment of Glenn W. Skeens to the
       position of Police Chief in the Police Department, effective December 1, 2008.
  C. Consider the following retirement resignations:

     Ø Gary K. West, Firefighter with the Fire Department, effective October 31, 2008,
       after 20 years of service.

     Ø Ray A. Best, Driver/Engineer with the Fire Department, effective November 30,
       2008, after 25 years of service.

  D. City Manager Comments

OPEN PUBLIC FORUM

  Members of the audience are invited to address the City Commission on any subject
  not on tonight’s agenda. Speakers must come to the podium, state their name and
  address for the Clerk’s record, and limit their remarks to under five (5) minutes. Since
  the item is not on the agenda, no response is required from City staff or the
  Commission, and no action can be taken; however, the Commission may instruct the
  City Manager to place the item on a future agenda for discussion.

  City Commission meetings are held to conduct City business for the benefit of
  Owensboro citizens. The meetings are not intended to serve as public forums for
  candidates who are campaigning for political office. However, the City of Owensboro
  traditionally allows and welcomes local organizations who wish to utilize the
  Commission Chambers as a site for political forums. Political candidates, like any
  citizen, may address any item on the City Commission’s agenda. During the open
  public forum, any citizen of Owensboro may address a specific city-related issue not
  on the agenda, but candidates for any political office will not be allowed to use the
  Commission meeting to promote his/her candidacy for public office.

COMMUNICATIONS FROM ELECTED OFFICIALS

ADJOURNMENT

								
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