Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held FEBRUARY 7, 2006 The Board of Commissioners of the City of Bowling Green, Kentucky met in regular session in the Commission Chamber of City Hall, Bowling Green, Kentucky at 7:00 p.m. on February 7, 2006. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Rev. R. B. Adamson of Victory Baptist Church, and all present recited the Pledge of Allegiance. City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Delane Simps on,Commi ss i one rBrianK.St row,Commi ssi onerMa r kD.Al cot t,Commi ssionerBr i a n“Sl im” Nash and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. PUBLIC COMMENTS Mayor Walker opened the floor for any public comments and there were none. CITY MANAGER City Manager Kevin D. DeFebbo stated that item number 21 (Municipal Order No. 2006 –27 regarding property located at 201 State Street currently leased by the George Washington Carver Center, Inc.) was withdrawn from the agenda. He requested a closed session for the purpose of discussion of proposed litigation on behalf of the City regarding Cooper restitution. Motion was made by Nash and seconded by Simpson to convene in closed session following the regular meeting pursuant to KRS 61.810 (c). Walker called for roll call vote. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (c) was approved by unanimous vote. Mr. DeFebbo announced that Assistant to the City Manager Shawna Dowell had taken a new position as City Manager for the City of Castroville, Texas and that her last day with Bowling Green would be February 15, 2006. Mr. DeFebbo and the Board of Commissioners thanked Ms. Dowell for her service to the City, and particularly her performance over the past year. Mayor Walker stated that item number 8 (Municipal Order No. 2006 –18 regarding a reappointment to the Regional Airport Board) was also withdrawn from the agenda. CHANGE ORDER OF AGENDA Comm. Alcott made a motion to change the order of the agenda to consider item number 19 (Municipal Order No. 2006 –26) before all other items. At the request of Comm. Nash, Alcott amended his motion, which was seconded by Simpson, to include moving items numbered 5, 7, 13 and 18 (Municipal Order Nos. 2006 –15, 2006 –17, 2006 - 20 and 2006 –25) immediately following item 19. Walker called for roll call vote. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker *Note: Minutes are a summary of the discussions; a video tape of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-February 7, 2006) Voting Nay: None Motion to change the order of the agenda to consider Municipal Order Nos. 2006 –26, 2006 – 25, 2006 - 15, 2006 –17 and 2006 –20 at this time was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –26 MUNICIPAL ORDER APPROVING THE PROMOTION OF JEFFREY BRYANT MEISEL TO THE POSITION OF CHIEF FINANCIAL OFFICER WITHIN THE FINANCE DEPARTMENT Summary of Municipal Order No. 2006 - 26 was read by City Clerk Katie Schaller. DeFebbo outlined changes to the Finance Department to combine the City Treasurer and Chief Financial Officer positions into one CFO and reorganizing two other positions to provide for an Internal Auditor and an Accounting Specialis t . He f urt herr eviewe d Mr .Me i sel’squa l ifi c ati onsa nd r ec omme nde d his promotion. Motion was made by Simpson and seconded by Alcott for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 26 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –25 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF SANDRA KAY HAGANS TO THE POSITION OF FAMILY COUNSELOR IN THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Summary of Municipal Order No. 2006 - 25 was read by the City Clerk. DeFebbo reviewed Ms .Ha gan’squa lif icati onsa ndr ecomme ndati onf orhi re. Mot ionwasmade by Alcott and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 25 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –15 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF JIM ED HOLLAND TO THE CONTRACTORS LICENSING BOARD Summary of Municipal Order No. 2006 –15 was read by the City Clerk. Mayor Walker recommended the appointment. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 15 was approved by unanimous vote. 2 (Minutes-Board of Commissioners-February 7, 2006) MUNICIPAL ORDER NO. 2006 –17 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF WATHETTA A. BUFORD TO THE HUMAN RIGHTS COMMISSION Summary of Municipal Order No. 2006 - 17 was read by the City Clerk. Mayor Walker recommended this appointment. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 17 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –20 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF DON POSTON, PAT DAWKINS, ROGER MILLER AND DON MUDD TO THE BOWLING GREEN-WARREN COUNTY MILITARY LIAISON BOARD Summary of Municipal Order No. 2006 - 20 was read by the City Clerk. Mayor Walker recommended these reappointments. Motion was made by Simpson and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 20 was approved by unanimous vote. RESUME REGULAR ORDER OF AGENDA APPROVAL OF MINUTES Minutes of Regular Meeting January 17, 2006 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Alcott and seconded by Strow to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of January 17, 2006 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –12 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-30 FOR CONCRETE FROM KENWAY CONCRETE OF 3 (Minutes-Board of Commissioners-February 7, 2006) KENTUCKY, LLC OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $37,575 Summary of Municipal Order No. 2006 - 12 was read by the City Clerk. DeFebbo reviewed the bid recommendation. Motion was made by Nash and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 12 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –13 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-31 FOR FISCAL YEAR 2006 POLICE EMERGENCY VEHICLE EQUIPMENT FROM LAW ENFORCEMENT SUPPLY OF MARIETTA, GEORGIA IN THE AMOUNT OF $63,051.80 Summary of Municipal Order No. 2006 - 13 was read by the City Clerk. DeFebbo recommended the bid to outfit the new police vehicles. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 13 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –14 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO ST. LOUIS, MISSOURI TO THOMPSON CONSULTING GROUP, LLC FOR INTERIM CITY MANAGER KENNETH R. THOMPSON Summary of Municipal Order No. 2006 - 14 was read by the City Clerk. Motion was made by Strow and seconded by Alcott for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 14 was approved by unanimous vote. NOTE: Municipal Order No. 2006 –15 was previously considered. MUNICIPAL ORDER NO. 2006 –16 MUNICIPAL ORDER AUTHORIZING THE APPOINTMENT AND DESIGNATION OF CITY MANAGER KEVIN D. DEFEBBO AS 4 (Minutes-Board of Commissioners-February 7, 2006) AGENT FOR THE CITY OF BOWLING GREEN UNDER PUBLIC LAW 93-288 IN THE EVENT OF DISASTER Summary of Municipal Order No. 2006 - 16 was read by the City Clerk. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 16 was approved by unanimous vote. NOTE: Municipal Order No. 17 was previously considered and Municipal Order No. 18 was withdrawn. MUNICIPAL ORDER NO. 2006 –19 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-05 FOR SLOAN CONVENTION CENTER CARPET AND WALL FI NI SHES FROM HUSTON’ S ABBEY CARPET OF BOWLING GREEN, KENTUCKY IN AN AMOUNT NOT TO EXCEED $170,000 Summary of Municipal Order No. 2006 - 19 was read by the City Clerk. DeFebbo reviewed the bid recommendation to replace carpet and wall finishes. He noted that John Q. Hammons Hotels Management LLC will be responsible for paying $5,000 of the project cost according to the management agreement. Citizen Information and Assistance Director/Convention Center CEO Michael Grubbs responded to questions regarding the amount paid by Hammons. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Alcott, Nash and Walker Voting Nay: Simpson Municipal Order No. 2006 - 19 was approved by majority vote. ORDINANCE NO. BG2006 –1 (First Reading) ORDINANCE EXPRESSING INTENT TO DE-ANNEX PROPERTY ORDINANCE EXPRESSING THE INTENT OF THE CITY OF BOWLING GREEN TO DE-ANNEX APPROXIMATELY 44.838 ACRES LOCATED ON THE NORTHERN SIDE OF DOUBLE SPRINGS ROAD, BETWEEN BEECH BEND ROAD AND KENTUCKY HIGHWAY 185, AS REQUESTED BY THE HOUSING AUTHORITY OF BOWLING GREEN Title and summary of Ordinance No. BG2006 –1 was read by the City Clerk. DeFebbo indicated that the de-annexation was necessary to allow the Housing Authority to be eligible for Community Development Block Grant (CDBG) funds through Warren County. Housing Authority Executive Director Abraham Williams responded to questions about the loss of City police and fire 5 (Minutes-Board of Commissioners-February 7, 2006) protection and anticipation for request of re-annexation in the future. Motion was made by Alcott and seconded by Simpson for first reading of said Ordinance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2006 - 1 was approved by unanimous vote. Following the vote, City Attorney Gene Harmon reviewed the requirements for a de-annexation to be finalized. ORDINANCE NO. BG2006 –2 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.1521 ACRE FROM RM-4 (MULTI-FAMILY RESIDENTIAL) TO NB (NEIGHBORHOOD BUSINESS) LOCATED AT 321 EAST 13TH AVENUE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY WERNER AND SONIA ZOGLAUER Title and summary of Ordinance No. BG2006 - 2 was read by the City Clerk. City-County Planning Commission Director Andy Gillies reviewed the recommended rezoning and associated binding elements for an adaptive reuse. Motion was made by Simpson and seconded by Strow for first reading of said Ordinance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2006 - 2 was approved by unanimous vote. ORDINANCE NO. BG2006 –3 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 1.35 ACRES FROM RS-1A (SINGLE-FAMILY RESIDENTIAL) TO GB (GENERAL BUSINESS) LOCATED AT 1832 U.S. 31-W BYPASS, WITH BINDING ELEMENTS, PRESENTLY OWNED BY HAROLD G. BRANTLEY AND DIANE T. BRANTLEY Title and summary of Ordinance No. BG2006 - 3 was read by the City Clerk. Gillies reviewed the recommended rezoning and associated binding elements for a proposed bank development. Attorney Charles English, representing property owners in the surrounding neighborhood, expressed concerns with the rezoning, citing the need for an updated traffic study. He requested that the Board of Commissioners hold its own public hearing on the matter before making any decision. 6 (Minutes-Board of Commissioners-February 7, 2006) At t or neySha nno nMor gan,r epr esent ingt heBr antley’s,in dicatedtha tat raffi cs tudyha dbe en completed in 2003 and requested that the Board adopt the unanimous recommendation of the Planning Commission. There were questions from Board members and discussion regarding a traffic study, the differences between Neighborhood Business, General Business and Office Professional zoning designations, a proposed entrance to the property on Loving Way, an appropriate number of parking spaces for the development, sidewalk development and future State Highway Department road project plans for Nashville Road. Once all discussion concluded, motion was made by Simpson and seconded by Strow for first reading of said Ordinance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Nash and Walker Voting Nay: Alcott First reading of Ordinance No. BG2006 - 3 was approved by majority vote. NOTE: Municipal Order No. 2006 –20 was previously considered. MUNICIPAL ORDER NO. 2006 –21 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-34 FOR THE KEREIAKES PARK PAVILION/SHELTER FROM SUNBELT CONSTRUCTION, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $239,328 Summary of Municipal Order No. 2006 - 21 was read by the City Clerk. DeFebbo reviewed the recommendation. Parks and Recreation Director Ernie Gouvas reviewed the project and anticipated completion in mid-summer. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 21 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –22 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-27 FOR SHIVE LANE EXTENSION PROFESSIONAL SERVICES FROM GRESHAM, SMITH AND PARTNERS OF LOUISVILLE, KENTUCKY IN THE AMOUNT OF $97,500 Summary of Municipal Order No. 2006 - 22 was read by the City Clerk. DeFebbo reviewed the bid recommendation. Assistant City Engineer Melissa Cansler reviewed the project and bid evaluation process. Public Works Director Emmett Wood responded to questions regarding firm qualifications and evaluation criteria. Motion was made by Simpson and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Nash and Walker 7 (Minutes-Board of Commissioners-February 7, 2006) Voting Nay: Alcott Municipal Order No. 2006 - 22 was approved by majority vote. MUNICIPAL ORDER NO. 2006 –23 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-25 FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR CIRCUS SQUARE PARK FROM RUNDELL ERNSTBERGER ASSOCIATES, LLC OF MUNCIE, INDIANA IN THE AMOUNT OF $191,000 Summary of Municipal Order No. 2006 - 23 was read by the City Clerk. Downtown Redevelopment Authority Special Projects Coordinator CJ Johanson reviewed the recommended bid and evaluation process. Comm. Alcott pointed out that a portion of the project costs were associated to work that has already been started or completed on the park project which should reduce the total cost for services by this firm. DRA Selection Committee Chair John Ackerson commented about the firm recommended for approval. Motion was made by Alcott and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 23 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –24 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR AND THE ACCEPTANCE OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FROM KENTUCKY HOUSING CORPORATION IN THE AMOUNT OF $375,000 Summary of Municipal Order No. 2006 - 24 was read by the City Clerk. DeFebbo reviewed the partnership with the Housing Authority and HANDS, Inc. for the Lee Square Housing Project and the ability to receive state funding to provide more affordable housing. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 24 was approved by unanimous vote. ORDINANCE NO. BG2006 –4 (First Reading) ORDINANCE RELATING TO CLASSIFICATION/PAY SCHEDULE ORDINANCE AMENDING THE CLASSIFICATION/PAY SCHEDULE FOR CLASSIFIED AND NON-CLASSIFIED 8 (Minutes-Board of Commissioners-February 7, 2006) EMPLOYEES OF THE CITY OF BOWLING GREEN, KENTUCKY FOR FISCAL YEAR 2006 Title and summary of Ordinance No. BG2006 - 4 was read by the City Clerk. DeFebbo stated that the recommended changes correspond to reorganization in the Finance Department previously indicated with the promotion of the Chief Financial Officer. Motion was made by Nash and seconded by Alcott for first reading of said Ordinance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2006 - 4 was approved by unanimous vote. NOTE: Municipal Order No. 2006 –27 was previously withdrawn. MUNICIPAL ORDER NO. 2006 –28 MUNICIPAL ORDER AUTHORIZING ADOPTION OF THE REVISED CITY OF BOWLING GREEN PUBLIC SAFETY PROMOTIONAL PROCEDURES Summary of Municipal Order No. 2006 - 28 was read by the City Clerk. DeFebbo outlined the recommended changes that were agreed to by both the Police and Fire Chiefs. Motion was made by Nash and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 28 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –29 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF M. CHRISTINE NAGY TO THE OPERATION P.R.I.D.E. BOARD OF DIRECTORS Summary of Municipal Order No. 2006 - 29 was read by the City Clerk. Comm. Simpson recommended the appointment. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Simpson, Strow, Alcott, Nash and Walker Voting Nay: None Municipal Order No. 2006 - 29 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Chamber, the Board met in closed session pursuant to KRS 61.810 (c) as previously approved. 9 (Minutes-Board of Commissioners-February 7, 2006) ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:45 p.m., Mayor Walker declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subjects: (1) an update to the Greenways Master Plan project; and, (2) proposed changes to the SNAP Grant process. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by City Clerk Katie Schaller 10