Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held MARCH 17, 2009 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 17, 2009. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Commissioner Bruce Wilkerson, 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 Catherine Hamilton, Commissioner Brian “Slim” Nash, Commissioner Bruce Wilkerson and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. REMEMBRANCE Mayor Walker requested a moment of silence to remember City-County Planning Commissioner Bill Robertson who recently passed away. Comm. Denning remarked of Mr. Robertson’s dedication to the community. AWARDS & RECOGNITIONS Operation P.R.I.D.E. Executive Director Ray Lackey presented two awards for improvements made to residential and non-residential property. The first award was given to Lillard Martin for his property located at 907 Kenton Street and the second award was given to Potter Gray Elementary School located at 610 Wakefield Drive. Bowling Green City Schools Superintendent Joseph Tinius, Potter Gray Principal Jim Tinius and City School Board Member Hamp Moore accepted the award on behalf of the school. Mr. Lackey also announced that The Cherry Award for outstanding contribution to community service by an individual was presented to Dorian Walker during the past week. In addition, Mr. Lackey stated that Operation P.R.I.D.E. had unveiled its new logo as well. Lastly, Mr. Lackey invited the public to participate and attend the upcoming “Cruise-In” on the Square event planned for April 4, 2009. Mayor Walker announced that the American Council of Engineering Companies (ACEC) recently provided a Merit Award to Gresham Smith and Partners and to the City of Bowling Green for the rehabilitation of College Street Pedestrian Bridge. ANNOUNCEMENT Mayor Walker announced that the Bowling Green-Warren County Regional Airport along with Sixel Consulting would like to invite the Board of Commissioners and appropriate City staff to attend a public presentation regarding an Air Service Development Master Plan to be held on April 6, 2009 at 9:00 a.m. at the Warren County Fiscal Courtroom. The presentation will provide an update on the progress being made with the Small Community Air Service Development Program Grant and the findings of the Air Service Study Survey. In addition, the Airport is interested in any questions, comments or concerns City officials may have regarding attracting a commercial service in Bowling Green. *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-March 17, 2009) CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion of proposed litigation against the City. Motion was made by Wilkerson and seconded by Hamilton 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: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (c) was approved by unanimous vote. Mr. DeFebbo stated there was no action anticipated to come out of the closed session. APPROVAL OF MINUTES Minutes of Regular Meeting March 3, 2009 Minutes of the above-referenced meeting 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, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of March 3, 2009 was approved by unanimous vote. PUBLIC COMMENTS Mayor Walker opened the floor for any public comments and there were none. 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. 2009 – 49 MUNICIPAL ORDER AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE KENTUCKY TRANSPORTATION CABINET FOR FISCAL YEAR 2010 FEDERAL TRANSPORTATION ASSISTANCE UNDER THE SECTION 5307 PROGRAM THROUGH THE FEDERAL TRANSIT ADMINISTRATION IN AN AMOUNT NOT TO EXCEED $1,480,468 MUNICIPAL ORDER NO. 2009 – 50 2 (Minutes-Board of Commissioners-March 17, 2009) MUNICIPAL ORDER APPROVING THE APPOINTMENT OF IMRAN HUSSAIN TO THE BOWLING GREEN AREA CONVENTION AND VISITORS BUREAU MUNICIPAL ORDER NO. 2009 – 51 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF JAMES B. CUMMINGS TO THE BOWLING GREEN FIRE DEPARTMENT BURN VICTIM FUND BOARD OF ADVISORS MUNICIPAL ORDER NO. 2009 – 52 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF BILL FINLEY, JOHN P. WILLIAMS AND LAURA SOUTHARD TO THE URBAN GROWTH DESIGN REVIEW BOARD Motion was made by Wilkerson and seconded by Nash for acceptance of the Consent Agenda as presented. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA MUNICIPAL ORDER NO. 2009 – 53 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2009-16 FOR THE DOUBLE SPRINGS EAST SIDEWALK CONSTRUCTION FROM S & R EXCAVATION OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $140,421.20 Summary of Municipal Order No. 2009 – 53 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hamilton for consideration of said Municipal Order. DeFebbo recommended approval of the bid award to address neighborhood concerns regarding sidewalk and drainage issues discussed during past summer strolls held in the area. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Municipal Order No. 2009 - 53 was approved by unanimous vote. MUNICIPAL ORDER NO. 2009 – 54 3 (Minutes-Board of Commissioners-March 17, 2009) MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2009-27 FOR THE SLOAN CONVENTION CENTER SIGN/MESSAGE BOARD FROM WAKY SIGN OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $47,700 Summary of Municipal Order No. 2009 – 54 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. Citizen Information and Assistance Director and Convention Center Corporation CEO J. Michael Grubbs reviewed the proposed sign/message board, including the bid process and previous discussion with the Convention Center Corporation (CCC) Board of Directors. Comm. Nash expressed concern with the new design which was not seen at the CCC board meeting. He said he did not like the design and wanted to know why the sign could not go on top of the existing sign. Mr. Grubbs explained that the Holiday Inn was planning to replace its sign next year and that the discovery of underground gas and sewer lines on the City’s property impacted the original design proposed. Comm. Nash further inquired if a decision on this item could be postponed until a discussion could occur between the City/CCC and Holiday Inn regarding putting the two signs up together. Comm. Denning agreed with waiting and to find a compromise that would benefit all parties. Mayor Walker also agreed that the design was vastly different from the original proposal discussed at the CCC board meeting. Following the discussion, motion was made by Nash, seconded by Hamilton, to table Municipal Order No. 2009 – 54 until a discussion could take place between the City/CCC and the Holiday Inn to see if both parties could meet in the middle on when or if the signs could be done together. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None Motion to table Municipal Order No. 2009 - 54 until a discussion could take place about coordinating the installation of signs for both the Convention Center Corporation (City) and Holiday Inn was approved by unanimous vote. ORDINANCE NO. BG2009 – 8 (First Reading) ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING ARTICLES 1, 3, 4, 5, 6 AND 8 OF THE ZONING ORDINANCE FOR THE CITY OF BOWLING GREEN, KENTUCKY AS RECOMMENDED BY THE CITY-COUNTY PLANNING COMMISSION Title and summary of Ordinance No. BG2009 - 8 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 indicated that the recommended changes were discussed at a previous work session. City- County Planning Commission Director Steve Hunter provided an overview of the recommended changes. He noted that a couple items, specifically the definition of family and set backs for cell towers, which were previously discussed at the work session were removed from consideration by the Planning Commission at its public hearing. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 4 (Minutes-Board of Commissioners-March 17, 2009) ROLL CALL: Voting Yea: Denning, Hamilton, Nash, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2009 - 8 was approved by unanimous vote. MUNICIPAL ORDER NO. 2009 – 55 MUNICIPAL ORDER APPROVING AND AUTHORIZING OUT-OF- TOWN TRAVEL EXPENSES AND REIMBURSEMENT FOR MAYOR ELAINE N. WALKER TO ATTEND THE U.S. CONFERENCE OF MAYORS MEETING IN WASHINGTON, D.C. Summary of Municipal Order No. 2009 - 55 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Wilkerson for consideration of said Municipal Order. Mayor Walker explained she had contacted each of the Commissioners to review her plans for attending the meetings in Washington, D.C. She noted that she was unable to reach Commissioner Nash before she left. She further explained the meetings she attended were with various officials regarding the Federal Stimulus monies. Comm. Nash voiced his disapproval of this trip because the Legislative budget for travel had already been spent down to date. He expressed concern regarding the message it provided to staff that it was okay to operate outside a set budget. Comm. Nash stated he did not question the worthiness of this trip, but rather the message it sent to departments. Mayor Walker responded that she had received positive comments from the public and staff about the ability to have a representative at these meetings. There was also discussion regarding the budget reductions made to the Fiscal Year 2009 Legislative budget. Comm. Denning indicated that this was a unique travel event and having the ability for Bowling Green to send a representative to be present and be counted next to the President of the United States of America was a benefit to the community. Comm. Wilkerson expressed his appreciation for having received a call from the Mayor in advance of the trip. He agreed it was a unique opportunity to learn first hand how to gain access to the stimulus money. However, he was not a big supporter of the US Conference of Mayors and preferred to work with officials that the entire community had elected to represent us in Washington, such as Congressman Brett Guthrie and Senator Mitch McConnell. Mayor Walker outlined in more detail the meetings she attended during her trip. She also stated that she found the US Conference of Mayors beneficial because it represents cities and assists communities to address issues which we all face. Once all discussion ended, a roll call vote was taken. 5 (Minutes-Board of Commissioners-March 17, 2009) ROLL CALL: Voting Yea: Denning, Hamilton and Wilkerson Voting Nay: Nash Abstain: Walker Municipal Order No. 2009 - 55 was approved by majority vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session at approximately 7:45 p.m. pursuant to KRS 61.810 (c) 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 8:45 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 a Downtown Business Management District proposal presented by the Downtown Redevelopment Authority, Inc. Immediately following the work session, a majority of the Board of Commissioners toured the new baseball stadium development. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 6