Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held MAY 16, 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 May 16, 2006. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Rev. Mark Linder of Christ Episcopal Church, 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, Co mmi ssione rBr ian“Sl im”Na sh,Commi ss ion erDe l aneSi mps on,Commi ssionerBr i anK.St row 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. ANNOUCEMENT MayorWa lkerc omme ndedWe ste rnKe ntuc kyUni ver sit y’sFo rens icsTe amf ori tsa cade mic achievements over the past year. CITY MANAGER City Manager Kevin D. DeFebbo reminded the Board of the special work session scheduled for 4:30 p.m. on May 30, 2006 to present the Fiscal Year 2007 budget proposal. He requested a closed session for the purpose of discussion on the future acquisition or sale of real property by the City as publicity would likely affect the value of the specific piece of property to be acquired for public use or sold by the City. Motion was made by Alcott and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (b). Walker called for roll call vote. ROLL CALL: Voting Yea: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting May 2, 2006 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Simpson 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 regular meeting of May 2, 2006 was approved by unanimous vote. *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-May 16, 2006) CHANGE ORDER OF AGENDA Comm. Simpson made a motion, seconded by Nash, to change the order of the agenda to consider item numbers 4, 5, 6, 7, 11 and 12 (Municipal Order Nos. 2006 –103, 2006 –104, 2006 – 105, 2006 –106, 2006 –109 and 2006 –110) related to personnel and board appointments at this time. Walker called for roll call vote. ROLL CALL: Voting Yea: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Motion to change the order of the agenda to consider Municipal Order Nos. 2006 –103, 2006 –104, 2006 –105, 2006 –106, 2006 –109 and 2006 –110 at this time was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –103 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF ANDY VANMALI TO THE BOWLING GREEN AREA CONVENTION AND VISITORS BUREAU Summary of Municipal Order No. 2006 - 103 was read by the City Clerk. Mayor Walker recommended the appointment. 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 - 103 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –104 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF LYLE PARRIGIN AND THE REAPPOINTMENT OF ROGER E. LAPOINTE TO THE CITY OF BOWLING GREEN CODE ENFORCEMENT BOARD Summary of Municipal Order No. 2006 - 104 was read by the City Clerk. Mayor Walker recommended the appointment and reappointment, and Comm. Simpson concurred. Motion was made by Nash 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 104 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –105 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF DR. RONALD L. HATCHER AND MARGARET F. STEIN TO THE HOBSON HOUSE COMMISSION 2 (Minutes-Board of Commissioners-May 16, 2006) Summary of Municipal Order No. 2006 - 105 was read by the City Clerk. Mayor Walker recommended the reappointments. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 105 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –106 MUNICIPAL ORDER APPROVING THE APPOINTMENTS OF DAVID ANDERSON AND EILEEN F. STARR TO THE HISTORIC PRESERVATION BOARD Summary of Municipal Order No. 2006 - 106 was read by the City Clerk. Mayor Walker recommended the appointments. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 106 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –109 MUNICIPAL ORDER APPROVING THE PROMOTION OF MELISSA GAYLE BAILEY TO THE POSITION OF POLICE OFFICER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2006 - 109 was read by the City Clerk. DeFebbo reviewed the qualifications for the recommended promotion. 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 - 109 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –110 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF JEREMY WAYNE ABELL, RYAN ANDREW DILLON, ANDREW ADAMS DOTSON, BRANDON DALE JOHNSON, ROBERT OWEN PERRY, BRETT ANTHONY PITCHFORD, AND JORDAN GLEN WILSON TO THE POSITION OF POLICE OFFICER, AND NICHOLE MICHELLE ANDERSON TO THE POSITION OF COMMUNICATIONS DISPATCHER IN THE POLICE DEPARTMENT 3 (Minutes-Board of Commissioners-May 16, 2006) Summary of Municipal Order No. 2006 - 110 was read by the City Clerk. DeFebbo reviewed the qualifications of the recommended applicants for appointment. 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 - 110 was approved by unanimous vote. Following the vote, Police Chief Bill Waltrip indicated the department was now at full compliment with these appointments. RESUME REGULAR ORDER OF AGENDA ORDINANCE NO. BG2006 –13 (Second Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER TWO TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2006 Title and summary of Ordinance No. BG2006 - 13 was read by the City Clerk. Motion was made by Strow and seconded by Nash 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 - 13 was adopted by unanimous vote. ORDINANCE NO. BG2006 –14 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 3.806 ACRES FROM OP-C (OFFICE PROFESSIONAL- COMMERCIAL) TO GB (GENERAL BUSINESS) LOCATED AT THE SOUTHWEST CORNER OF CAVE MILL ROAD AND CROSSINGS BOULEVARD, WITH BINDING ELEMENTS, PRESENTLY OWNED BY MICHAEL AND AIMEE MILLER Title and summary of Ordinance No. BG2006 - 14 was read by the City Clerk. Planning Commission Director Andy Gillies reviewed the recommended rezoning and associated binding elements. Motion was made by Nash 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: Nash, Simpson, Strow and Walker Voting Nay: None Abstaining: Alcott First reading of Ordinance No. BG2006 - 14 was approved by majority vote. Comm. Alcott stated he had a professional conflict of interest. 4 (Minutes-Board of Commissioners-May 16, 2006) NOTE: Municipal Order Nos. 2006 –103, 2006 –104, 2006 –105 and 2006 –106 were previously considered. MUNICIPAL ORDER NO. 2006 –107 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF A GRANT TO THE NATIONAL TRUST FOR HISTORIC PRESERVATION THROUGH THE PRESERVATION SERVICES FUND IN THE AMOUNT OF $5,000 Summary of Municipal Order No. 2006 - 107 was read by the City Clerk. DeFebbo reviewed the grant application on behalf of the Historic Preservation Board. Historic Preservation Planner Robin Zeigler indicated there was a minor change in the match requirement. 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 - 107 was approved by unanimous vote. MUNICIPAL ORDER NO. 2006 –108 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR THE FISCAL YEAR 2006 PRESERVE AMERICA HISTORIC PRESERVATION GRANT FUND IN THE AMOUNT OF $300,000 Summary of Municipal Order No. 2006 - 108 was read by the City Clerk. DeFebbo reviewed the grant application on behalf of the Historic Preservation Board to fund a collaborative marketing program with the Convention and Visitors Bureau, the Downtown Redevelopment Authority and the Greenways Commission. Historic Preservation Planner Robin Zeigler responded to questions regarding the grant match requirement. 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None Municipal Order No. 2006 - 108 was approved by unanimous vote. ORDINANCE NO. BG2006 –15 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 26.955 ACRES FROM HI (HEAVY INDUSTRY) TO LI (LIGHT INDUSTRY) LOCATED ON NASHVILLE ROAD, WITH BINDING ELEMENTS, PRESENTLY OWNED BY DOMINION SEVEN, LLC 5 (Minutes-Board of Commissioners-May 16, 2006) Title and summary of Ordinance No. BG2006 - 15 was read by the City Clerk. Planning Commission Director Andy Gillies reviewed the recommended rezoning and associated binding elements. Motion was made by Alcott 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: Alcott, Nash, Simpson, Strow and Walker Voting Nay: None First reading of Ordinance No. BG2006 - 15 was approved by unanimous vote. NOTE: Municipal Order Nos. 2006 –109 and 2006 –110 were previously considered. MUNICIPAL ORDER NO. 2006 –111 MUNICIPAL ORDER NAMING FAIRVIEW CEMETERY NUMBER TWO, SECTION O, VETERANS SECTION AS STAFF SERGEANT BROCK ALLEN BEERY VETERANS SECTION Summary of Municipal Order No. 2006 - 111 was read by the City Clerk. Mayor Walker stated that the naming of the new veterans burial section at Fairview Cemetery was requested in honor of the first fallen soldier in combat to be buried there. City Clerk Katie Schaller responded to questions regarding the Davis-Hoffman Veterans Section at Fairview Cemetery. 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 - 111 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Chamber, the Board of Commissioners met in closed session pursuant to KRS 61.810 (b) as previously approved. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 7:50 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) neighborhood project for improvements to Old Morgantown Road Corridor— “Envi si onFor es tPa rk”a nd(2)sidewalks and bike paths along Nashville Road. 6 (Minutes-Board of Commissioners-May 16, 2006) ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by City Clerk Katie Schaller 7