Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JULY 15, 2008 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 July 15, 2008. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Commissioner Brian K. Strow, and all present recited the Pledge of Allegiance. Assistant City Manager/City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Joe W. Denning, Commissioner Brian “Slim” Nash, Commissioner Brian K. Strow, Commissioner Bruce Wilkerson and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Walker announced that Mike Keen was just named the new Postmaster for Bowling Green. She also reported that DESA announced earlier in the day that it plans to expand its local facility adding several new jobs. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future acquisition of real property by the City as publicity would likely affect the value of the specific pieces of property to be acquired for public use, discussion of proposed and pending litigation on behalf of the City, and for discussion between the City and a representative of business entities and discussions concerning specific proposals, if open discussions would jeopardize the siting, retention, expansion or upgrading of the businesses. Motion was made by Wilkerson and seconded by Strow to convene in closed session following the regular meeting pursuant to KRS 61.810 (b), (c) and (g). Walker called for roll call vote. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b), (c) and (g) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Special Meeting June 26, 2008 and Regular Meeting July 1, 2008 Minutes of the above-referenced meetings were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Wilkerson and seconded by Denning to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to approve the minutes of the special meeting of June 26, 2008 and regular meeting of July 1, 2008 was approved by unanimous vote. *Note: Minutes are a summary of the discussions; a video recording of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-July 15, 2008) PUBLIC COMMENTS Henry Thompson of 1213 Shawnee Way thanked the Public Works staff for paving Riverview Drive since he travels it frequently. Mr. Thompson also requested that the Board revisit the temporary street closing of Shawnee Way and Navajo Drive since the Fields Drive extension was complete. He would like the City to consider reopening Navajo Drive. Mr. DeFebbo stated that the City would bring this issue forward for discussion at a future work session. Public Works Director Emmett Wood suggested waiting a couple of month to allow traffic patterns to develop. CONSENT AGENDA Mayor Walker requested if there were any items to be removed from the Consent Agenda prior to its consideration. With none, Assistant City Manager/City Clerk Katie Schaller read the summaries of each of the following items: MUNICIPAL ORDER NO. 2008 – 179 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE KENTUCKY URBAN AND COMMUNITY FORESTRY GRANT PROGRAM IN THE AMOUNT OF $5,000 MUNICIPAL ORDER NO. 2008 – 180 MUNICIPAL ORDER APPROVING AND AUTHORIZING OUT-OF- TOWN TRAVEL EXPENSES FOR MAYOR ELAINE N. WALKER TO ATTEND THE 76TH ANNUAL CONFERENCE OF MAYORS IN MIAMI, FLORIDA MUNICIPAL ORDER NO. 2008 – 181 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF DALE EICHELBERGER TO THE CITY OF BOWLING GREEN CODE ENFORCEMENT BOARD MUNICIPAL ORDER NO. 2008 – 182 MUNICIPAL ORDER APPROVING THE APPOINTMENTS OF CHUCK COATES AND PATSY SLOAN TO SERVE ON THE WARREN COUNTY DOWNTOWN ECONOMIC DEVELOPMENT AUTHORITY, INCORPORATED Motion was made by Wilkerson and seconded by Strow for acceptance of the Consent Agenda as presented. With no discussion, a roll call vote was taken. 2 (Minutes-Board of Commissioners-July 15, 2008) ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2008 – 38 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO MAKE CHANGES TO THE COMPOSITION OF THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY Title and summary of Ordinance No. BG2008 - 38 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Wilkerson for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Ordinance No. BG2008 - 38 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2008 – 183 MUNICIPAL ORDER AUTHORIZING MAINTENANCE SERVICES FOR RADIO AND COMMUNICATION EQUIPMENT WITH MOTOROLA, INC. IN AN AMOUNT NOT TO EXCEED $35,833.92 FOR FISCAL YEAR 2009 Summary of Municipal Order No. 2008 - 183 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended approval of the annual maintenance agreement at a 2.9% increase over the previous year. He mentioned that due to the national movement to digital communications, the City would need to look at replacing the analogue equipment in the near future. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 183 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 184 MUNICIPAL ORDER AUTHORIZING CHANGE ORDER NO. THREE TO THE CONTRACT WITH SCOTT & MURPHY, INC., APPROVING PAYMENTS TO SOUTHERN ENVIRONMENTAL SERVICES AND BOWLING GREEN MUNICIPAL UTILITIES AND APPROVING DIRECT PURCHASE OF MATERIALS, FOR THE 3 (Minutes-Board of Commissioners-July 15, 2008) CIRCUS SQUARE PARK PROJECT IN THE TOTAL AMOUNT OF $74,175.51 Summary of Municipal Order No. 2008 - 184 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for consideration of said Municipal Order. DeFebbo stated that this work had been completed and he recommended approval of the change order. Special Projects Coordinator CJ Johanson of the Downtown Redevelopment Authority responded to a request from Comm. Nash regarding the removal of graffiti on the side of the 601 State Street building. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Abstain: Denning Municipal Order No. 2008 - 184 was approved by majority vote. Comm. Denning abstained since he was employed by Scott & Murphy. MUNICIPAL ORDER NO. 2008 – 185 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING THE PURCHASE OF AN ADDITIONAL FIRE TRUCK ASSOCIATED WITH BID #2008-17 FOR APPARATUS REPLACEMENT FROM SUTPHEN CORPORATION OF CINCINNATI, OHIO IN THE AMOUNT OF $381,097 Summary of Municipal Order No. 2008 - 185 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo explained that the City would save money by exercising the option to purchase an additional truck under the previously awarded bid, which was less than six months old. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 185 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 186 MUNICIPAL ORDER APPROVING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH BOBCAT OF BOWLING GREEN, KENTUCKY UNDER THE KENTUCKY STATE PRICING CONTRACT FOR THE PURCHASE OF A BOBCAT SKID STEER LOADER IN THE TOTAL AMOUNT OF $33,534.60 Summary of Municipal Order No. 2008 - 186 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo recommended the purchase under state pricing contract. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 4 (Minutes-Board of Commissioners-July 15, 2008) ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 186 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 187 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-62 FOR THE STANDARD OIL REHABILITATION DESIGN/BUILD PROJECT FROM SCOTT, MURPHY & DANIEL, LLC OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $154,231 Summary of Municipal Order No. 2008 - 187 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Walker for consideration of said Municipal Order. DeFebbo explained that the project to rehabilitate the Standard Oil building had to be in accordance with the requirements of the Department for Local Government (DLG) and the State Historic Preservation Office (SHPO). He specified that the facility would be renovated to provide public restrooms and he recommended the bid award. Comm. Nash expressed his dislike with being backed into a corner by the State. Although he would vote yes, he disagreed with having to spend this much public money on the project when there had been an opportunity to have the building restored with private contributions. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Abstain: Denning Municipal Order No. 2008 - 187 was approved by majority vote. Comm. Denning abstained since he was employed by Scott & Murphy. MUNICIPAL ORDER NO. 2008 – 188 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING THE FOURTH YEAR OF A CONTRACT AWARDED BY BID #2005-45 FOR AUDIT SERVICES FROM MOUNTJOY & BRESSLER, LLP OF LOUISVILLE, KENTUCKY IN THE AMOUNT OF $71,500 Summary of Municipal Order No. 2008 - 188 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the fourth and final year of the contract for audit services. He noted that the services would be bid out again this fall. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 188 was approved by unanimous vote. 5 (Minutes-Board of Commissioners-July 15, 2008) MUNICIPAL ORDER NO. 2008 – 189 MUNICIPAL ORDER ACCEPTING AND ADOPTING THE CITY OF BOWLING GREEN ENTRY WAY SIGN POLICY Summary of Municipal Order No. 2008 - 189 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended approval of the proposed policy to address entrance signs to Bowling Green. Mayor Walker reported that former Commissioner Dianne Howerton, and designer of the City’s seal, had asked that the Board reconsider including the City’s population on the sign. Although he had initially suggested including the population on the sign during the work session discussion held on July 1, 2008, Comm. Denning indicated that he trusted Ms. Howerton and did not have a problem with removing it. However, Commissioners Nash and Strow preferred that the population remain on the sign. Motion was made by Denning, seconded by Walker, to amend the Entry Way Sign Policy to remove the population from being included on the sign. With no discussion a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Wilkerson and Walker Voting Nay: Nash and Strow Motion to amend the Entry Way Sign Policy attached to Municipal Order No. 2008 - 189 was approved by majority vote. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken on the Municipal Order as amended. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 189 as amended was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 190 MUNICIPAL ORDER AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF BOWLING GREEN AND BOWLING GREEN HUMAN RIGHTS COMMISSION, INC. FOR THE PROVISION OF FAIR HOUSING EDUCATION SERVICES Summary of Municipal Order No. 2008 - 190 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed and recommended the agreement which was part of the Annual Action Plan for Community Development Block Grant funding. Human Rights Commission Director Linda McCray responded to a question about discrimination in housing not being covered by the Uniform Residential Landlord & Tenant Act. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 190 was approved by unanimous vote. 6 (Minutes-Board of Commissioners-July 15, 2008) MUNICIPAL ORDER NO. 2008 – 191 MUNICIPAL ORDER AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF BOWLING GREEN AND THE HOUSING AUTHORITY OF BOWLING GREEN FOR A SMALL BUSINESS TRAINING AND TECHNICAL ASSISTANCE PROGRAM Summary of Municipal Order No. 2008 – 191 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Walker for consideration of said Municipal Order. DeFebbo reviewed and recommended the agreement which was also part of the Annual Action Plan for Community Development Block Grant funding. Comm. Nash expressed concern with awarding a contract year after year to the same entity. He indicated that he new of several other entities able to offer similar programs. Housing and Community Development Director Alice Burks explained that the City did not solicit for program providers; however, she stated that the process would be changed as the City prepares for the next CDBG Five Year Plan later this fall. Mayor Walker commented about the public hearings conducted as the plan was initially prepared and that no other entity presented an economic development program as part of the Plan. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Strow, Wilkerson and Walker Voting Nay: Nash Municipal Order No. 2008 - 191 was approved by majority vote. ORDINANCE NO. BG2008 – 39 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF FAIRMONT AVENUE Title and summary of Ordinance No. BG2008 - 39 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for first reading of said Ordinance. DeFebbo stated that the closing was recommended for approval by the City-County Planning Commission. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 39 was approved by unanimous vote. ORDINANCE NO. BG2008 – 40 (First Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2008 7 (Minutes-Board of Commissioners-July 15, 2008) Title and summary of Ordinance No. BG2008 - 40 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. DeFebbo highlighted, among other items, the initiative to reprogram funds to put toward additional sidewalks near the Housing Authority. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 40 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 192 MUNICIPAL ORDER APPROVING AMENDMENT TO THE DOWNTOWN PARKS MANAGEMENT AGREEMENT WITH DOWNTOWN REDEVELOPMENT AUTHORITY, INC. Summary of Municipal Order No. 2008 - 192 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo indicated that the Board had previously approved the management agreement, but additional clarification was needed regarding alcohol sales in Circus Square Park. City Attorney Gene Harmon responded to questions and described the appropriate process for handling the sale and consumption of alcohol on public property. Special Projects Coordinator CJ Johanson with Downtown Redevelopment Authority confirmed that DRA would apply for a temporary beer license for each evening concert in the park. He also clarified that a Beer Garden, defined space, would be established to better control the location of alcohol in the park. Mr. Johanson also explained that beer would only be sold at Circus Square Park and not in Fountain Square Park as had been done in previous years. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 192 was approved by unanimous vote. ORDINANCE NO. BG2008 – 41 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), SUBCHAPTER 2-17 (HUMAN RIGHTS COMMISSION) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE THE COMPOSITION REQUIREMENTS OF THE HUMAN RIGHTS COMMISSION Title and summary of Ordinance No. BG2008 - 41 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. Comm. Wilkerson explained his proposal to update the language in the Code of Ordinances regarding qualifications for membership on the Human Rights Commission. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 8 (Minutes-Board of Commissioners-July 15, 2008) ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 41 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session at approximately 8:00 p.m. pursuant to KRS 61.810 (b), (c) and (g) as previously approved. RECONVENE IN OPEN SESSION Once all discussion concluded in closed session, the Board of Commissioners reconvened in open session at approximately 9:55 p.m. to consider action. Motion was made by Wilkerson and seconded by Nash to add Municipal Order Nos. 2008 – 193 and 2008 - 194 to the agenda for consideration. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to add Municipal Order Nos. 2008 – 193 and 2008 - 194 to the agenda was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 193 MUNICIPAL ORDER APPROVING A JOB DEVELOPMENT INCENTIVE FUND EMPLOYEE WITHHOLDINGS CREDIT AGREEMENT WITH DESA, LLC Summary of Municipal Order No. 2008 - 193 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson 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: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 193 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 194 MUNICIPAL ORDER APPROVING PROPERTY ACQUISITION / CONVEYANCE AND USE AGREEMENT AMONG THE CITY OF BOWLING GREEN, MILLER AND YORK PROPERTIES, LLC AND THE HOUSING AUTHORITY OF BOWLING GREEN RELATED TO PROPERTIES LOCATED ON STATE STREET AND 3RD AVENUE Summary of Municipal Order No. 2008 - 194 was read by the Assistant City Manager/City Clerk. 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. 9 (Minutes-Board of Commissioners-July 15, 2008) ROLL CALL: Voting Yea: Denning, Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2008 - 194 was approved by unanimous vote. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 10:00 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) a report from the Warren County Downtown Economic Development Authority, Inc.; 2) the removal of traffic lights at 13th Avenue and Center Street and 13 th Avenue and State Street, and the possible removal of traffic lights at Park Row and State Street and Park Row and College Street; and 3) the results of the 2008 City Auction and recommendations to change the 2009 Auction process. The Board agreed to the removal of the two traffic lights on 13th Avenue and installation of stop signs, and requested additional data regarding the traffic lights on Park Row. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 10