Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held MARCH 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 March 7, 2006. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Police Chief Bill Waltrip, and all present recited the Pledge of Allegiance. City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Mark D. Alcott, Commissioner Brian “Slim”Na sh,Commi ssionerDe laneSi mps on,Commi ssi onerBr ianK.St row a ndMa yorEl ai neN. 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. AWARDS/RECOGNITIONS Ma yorWa lkera ndPubl i cI nforma t ionCoor dina t orKi m La ncast era nnounce dthe“Ke epI t Cle an Bowl ing Gr ee n” a rtcon testantf i na l ist s: De la ncy She ldon, Jennifer Muchmore and Kate La shley.Ea chfina l istwa sgivenac ert ifi c at eo fa ppreciationa nda$2 0giftcert ifi cat etoMa ncino’s, and the first place finalist would also receive a $50 gift certificate to Hobby Lobby. Ms. Lancaster further announced that the First Place artwork of Delancy Sheldon would be copied into a coloring shee t ,a ndwi t ht hea s s ista nceofChr i sThomps onofMa nc ino’ s,t hesheetswillbedistr ibut e dt o children who can color them and submit for prizes. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. APPROVAL OF MINUTES Minutes of Special Meeting February 20, 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 Nash to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Motion to approve the minutes of the special meeting of February 20, 2006 was approved by unanimous vote. ORDINANCE NO. BG2006 –5 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES *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-March 7, 2006) ORDINANCE AMENDING CHAPTER 5 (ANIMALS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO CREATE NEW AND REVISED DEFINITIONS, TO REQUIRE RABIES VACCINATIONS FOR DOGS, CATS AND FERRETS, TO CREATE REVISED KENNEL REQUIREMENTS, TO REGULATE THE KEEPING OF EXOTIC OR WILD ANIMALS, TO CREATE CIVIL PENALTIES FOR SPECIFIED VIOLATIONS AND TO MAKE OTHER RELATED AMENDMENTS Title and summary of Ordinance No. BG2006 - 5 was read by City Clerk Katie Schaller. Comm. Nash noted that two sections (5-1.13 and 5-1.14) of the ordinance would become effective following publication on March 10, 2006, with the remaining provisions effective May 1, 2006. Motion was made by Nash and seconded by Simpson for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Ordinance No. BG2006 - 5 was adopted by unanimous vote. ORDINANCE NO. BG2006 –6 (Second Reading) ORDINANCE APPROVING LOCAL HISTORIC DESIGNATION OF A LANDMARK SITE ORDINANCE APPROVING A LOCAL HISTORIC DESIGNATION OF A LANDMARK SITE FOR PROPERTY LOCATED AT 314 EAST 7TH AVENUE Title and summary of Ordinance No. BG2006 - 6 was read by the City Clerk. Motion was made by Alcott and seconded by Simpson for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Ordinance No. BG2006 - 6 was adopted by unanimous vote. Mayor Walker announced that the City of Bowling Green was recently named one of the 2006 Dozen Distinctive Destinations of the National Trust for Historic Preservation. MUNICIPAL ORDER NO. 2006 –43 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF GARY WELLS TO THE BOWLING GREEN FIRE DEPARTMENT BURN VICTIM FUND BOARD OF ADVISORS Summary of Municipal Order No. 2006 - 43 was read by the City Clerk. Motion was made by Nash 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None 2 (Minutes-Board of Commissioners-March 7, 2006) Municipal Order No. 2006 - 43 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –44 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF INGRESS-EGRESS EASEMENT WITH WARREN COUNTY RELATED TO THE ENTRANCE ROAD TO WELDON PEETE PARK Summary of Municipal Order No. 2006 - 44 was read by the City Clerk. DeFebbo reviewed the need to grant easement to Warren County. City Attorney Gene Harmon responded to questions regarding property location. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 44 was approved by unanimous vote. ORDINANCE NO. BG2006 –7 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 11 (FINANCE, TAX AND ECONOMIC DEVELOPMENT) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO DESIGNATE THE ALLOCATION OF EXCESS CITY FUNDS Title and summary of Ordinance No. BG2006 - 7 was read by the City Clerk. Comm. Strow reviewed his proposal to require the Board of Commissioners to annually designate the use of surplus revenues to: (1) pay down dept, (2) use for one-time capital improvement projects, and/or (3) rebate to tax payers. He stated that his main purpose was to prevent the stockpiling of money without a specific purpose, and to engage in better financial planning. Mayor Walker stated that major policy issues should be discussed at a work session prior to consideration at a meeting. Motion was made by Walker and seconded by Simpson to table Ordinance No. BG2006-7 until the opportunity to review at the March 21, 2006 work session. A roll call vote was taken. ROLL CALL: Voting Yea: Alcott, Nash, Simpson and Walker Voting Nay: Strow Motion to table Ordinance No. BG2006 - 7 for a work session discussion on March 21, 2006 was approved by majority vote. Comm. Alcott requested that a staff review also be presented at the work session, including the projected Fiscal Year 2006 revenue surplus, costs to the City to implement a rebate and the number of employers from which the City receives occupational license fees. Chief Financial Officer Jeff Meisel indicated he would be prepared to provide information at the work session. 3 (Minutes-Board of Commissioners-March 7, 2006) Comm. Strow requested clarification regarding which issues should come before a work session. Mayor Walker stated that substantive issues that require major policy changes should require more discussion and review by the Board of Commissioners. Comm. Alcott suggested, and a majority of the Board agreed, that the City Manager should give a litmus test to issues to be brought to a work session. MUNICIPAL ORDER NO. 2006 –45 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO FRANKFORT, KENTUCKY FOR CITY MANAGER KEVIN D. DEFEBBO Summary of Municipal Order No. 2006 - 45 was read by the City Clerk. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 45 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –46 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO WASHINGTON, D.C. FOR MAYOR ELAINE N. WALKER Summary of Municipal Order No. 2006 - 46 was read by the City Clerk. Motion was made 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: Alcott, Nash, Simpson and Strow Voting Nay: None Abstain: Walker Municipal Order No. 2006 - 46 was approved by majority vote. ORDINANCE NO. BG2006 –8 (First Reading) ORDINANCE RENAMING STREET ORDINANCE APPROVING THE RENAMING OF PINE TERRACE COURT TO PINE POINTE COURT Title and summary of Ordinance No. BG2006 - 8 was read by the City Clerk. City-County Planning Commission Director Andy Gillies responded to questions regarding the impact of street name changes to the 911 emergency system. 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: Alcott, Nash, Simpson, Strow and Walker 4 (Minutes-Board of Commissioners-March 7, 2006) Voting Nay: None First reading of Ordinance No. BG2006 - 8 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –47 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO FRANKFORT, KENTUCKY FOR MAYOR ELAINE N. WALKER, CITY MANAGER KEVIN D. DEFEBBO, COMMISSIONER BRIAN “SLIM” NASH, COMMI SSIONER MARK D. ALCOTT AND COMMISSIONER BRIAN K. STROW Summary of Municipal Order No. 2006 - 47 was read by the City Clerk. City Attorney Gene Harmon clarified that since this item was based upon reimbursement of travel expenses, Board members would not gain any benefit or be in conflict with its approval. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 47 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –48 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF INTERGOVERNMENTAL PROGRAMS AND THE CITY OF BOWLING GREEN RELATED TO BITUMINOUS RESURFACING ON VARIOUS CITY STREETS Summary of Municipal Order No. 2006 - 48 was read by the City Clerk. DeFebbo reviewed the agreement from the state. Public Works Director Emmett Wood and City Engineer Jeff Lashlee responded to questions regarding the inclusion of alley ways into the resurfacing program. Comm. Strow encouraged adding all public alley ways into the system. DeFebbo agreed and suggested that any fund balance could be designated to resurfacing alley ways. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 48 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –49 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF JEFFREY S. STEIN TO THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY 5 (Minutes-Board of Commissioners-March 7, 2006) Summary of Municipal Order No. 2006 - 49 was read by the City Clerk. Mayor Walker recommended the appointment and Comm. Strow concurred. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 49 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –50 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WESTERN KENTUCKY UNIVERSITY RELATED TO THE 14TH AVENUE AND COLLEGE HEIGHTS BOULEVARD STREET PROJECTS AND ALL DEEDS, EASEMENTS AND ALL OTHER NECESSARY DOCUMENTS TO CARRY OUT THIS AGREEMENT Summary of Municipal Order No. 2006 - 50 was read by the City Clerk. DeFebbo reviewed the agreement to assist Western Kentucky University with its efforts to improve campus and to turn College Heights Boulevard (formerly 15th Avenue) over to WKU, with the provision it remain open to the public in perpetuity. Public Works Director Emmett Wood reviewed the two street projects. Associate Vice President of Campus Services John Osborne responded to questions regarding the timeframet oc ompl e t eWKU’ spor ti onoft hep rojec t sbyt hes t artoft hef alls eme ste r. Mot ionwa s made 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 50 was approved by unanimous vote. ADJOURNMENT Mayor Walker announced that March 21, 2006 was the next regularly scheduled meeting of the Board. There being no further business to come before the Board of Commissioners, at approximately 8:30 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) presentation of the Bowling Green Area Convention and Visitors Bureau annual report; and (2) relocation of the Bowling Green Area Chamber of Commerce offices in downtown. A special call meeting was established at 3:00 p.m. on Tuesday, March 14, 2006 for the Boa rdtota kea c t ionr egardingtheCi ty’ sc ontributiont ot heCha mber’sr edeve lopme ntproject. 6 (Minutes-Board of Commissioners-March 7, 2006) ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by City Clerk Katie Schaller 7