Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JUNE 7, 2011 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 June 7, 2011. In the absence of Mayor Joe W. Denning, Mayor Pro Tem Bruce Wilkerson called the meeting to order. An invocation was given by Commissioner Bill Waltrip, 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 Melinda M. Hill, Commissioner Brian “Slim” Nash, Commissioner Bill Waltrip and Commissioner (Mayor Pro Tem) Bruce Wilkerson. Absent: Mayor Joe W. Denning. There was a quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Pro Tem Wilkerson asked if there were any awards or recognitions to be announced, and there were none at this time. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. APPROVAL OF MINUTES Minutes of Regular Meeting May 17, 2011 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Waltrip and seconded by Hill to approve said minutes as written. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of May 17, 2011 was approved by unanimous vote. ORDINANCE NO. BG2011 – 21 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 15 (BUSINESS AND GENERAL REGULATIONS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO CREATE A NEW SUBCHAPTER RELATED TO THE SALE, STORAGE AND USE OF FIREWORKS AND AMENDING CHAPTER 9 (GENERAL OFFENSES) TO MAKE OTHER RELATED CHANGES Title and summary of Ordinance No. BG2011 - 21 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for second reading of said Ordinance. *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-June 7, 2011) Bill Stamper from Liberty Fireworks in Russellville, Kentucky requested that the requirement to conduct fireworks sales from a permanent structure be removed from the ordinance in order to allow tent sales to occur. He explained it was difficult to lease a building for a two-week period of time. Mr. Stamper also requested that the permit fee of $1,000 be reduced for businesses that will only conduct sales on a temporary basis, 12-14 days. Roger Loyd, President of the Tennessee National Fireworks Association and owner of a fireworks business in Tennessee, indicated that he agreed with the ordinance with the exception of not allowing the use of tents for seasonal (14 day) sales. He reported that about 95% of the retail fireworks sales in Tennessee use tents and that tents were safer than buildings with respect to access and confinement issues. In addition, Mr. Loyd cited a legal ruling which held that it was discriminatory to require permanent structures as the only way to conduct retail sales. He also requested reconsideration of the 15 day notice requirement to apply for a permit for this first year. Comm. Hill made a motion to table Ordinance No. BG2011 – 21, seconded by Waltrip. She further clarified that her motion to table was for a specified period of time and that the ordinance should be brought back for consideration at a special meeting planned for June 14th. Comm. Waltrip stated it was important to table the issue in the absence of Mayor Denning. Comm. Nash inquired that if the item was tabled was there a commitment that some type of stand would be made on the issue before July 4th. In response, City Attorney Gene Harmon stated that the ordinance had already received first reading and it was the second reading that was being tabled, so a final action could be taken at the special meeting. He also noted that if a majority of the Board wanted to permit tent sales, a minor change could be made to the ordinance that would not substantiate a need for an amended first reading. Since it appeared that there was still some debate regarding the ordinance, Mr. Harmon reminded the Board that the meeting procedures required all discussion to immediately end once a motion to table was seconded. He further clarified what would happen if the ordinance was tabled since the City did not currently have any regulations regarding the sale of fireworks, but did have regulations restricting their use. Until the City takes final action to impose local regulations, Mr. Harmon clarified that State law prevailed. He also responded to an earlier comment made by Mr. Loyd that the 15 day application process would not be strictly enforced for this year. Comm. Nash suggested that the motion to table be withdrawn so discussion could continue and those who traveled distances to attend this meeting could have an opportunity to be heard on the subject. Comm. Hill withdrew her motion and Comm. Waltrip withdrew his second to the motion. In order to know what kind of permit he needed to apply for, whether permanent structure or tent, Mr. Stamper urged the Board to take action today since State law required two weeks notice to request a state permit. Mr. Loyd indicated he was alright with waiting until the special meeting since he already had his state permits; however, he expressed concern that the season was quickly approaching and would be over just as quickly. Comm. Hill agreed it was important to pass some type of ordinance before July 4th in order to allow the use of fireworks in the City. Comm. Waltrip commented about the ability to now buy legal fireworks locally that could not be used locally under current City regulations, although it was known to have happened in the past. Comm. Nash clarified that use in the past was generally about firecrackers and not about the kind of fireworks, which was a different class, being discussed with this issue. 2 (Minutes-Board of Commissioners-June 7, 2011) Vanessa Towne, representative of Freebie’s Fireworks, expressed concern from a business standpoint about another week’s delay in making a decision, and particularly whether or not tent sales would be permitted. She noted that there were special accommodations that needed to be made to transport fireworks, establish and conduct sales, and in bringing increased business investment to Bowling Green. Comm. Nash stated he never thought about transporting items that have to require hazardous materials trucks and then placing those materials on a street corner, underneath a tent and encourage people to buy them, which was unsettling to him. Since the discussion came to an end, Comm. Hill restated her motion, seconded by Waltrip, to table Ordinance No. 2011 – 21 until the special meeting on June 14, 2011. A roll call vote was taken on the motion to table. ROLL CALL: Voting Yea: Hill, Nash and Waltrip Voting Nay: Wilkerson Motion to table second reading of Ordinance No. BG2011 - 21 until a special meeting scheduled for Tuesday, June 14, 2011 was approved by majority vote. ORDINANCE NO. BG2011 – 22 (First Reading) ORDINANCE APPROVING APPOINTMENT TO CITY BOARD ORDINANCE APPROVING THE REAPPOINTMENT OF HOWARD BAILEY TO THE BOWLING GREEN MUNICIPAL UTILITIES BOARD Title and summary of Ordinance No. BG2011 - 22 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for first reading of said Ordinance. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 22 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 98 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF JOHN DEEB AND GRANT CLINE TO THE BOARD OF PARK COMMISSIONERS Summary of Municipal Order No. 2011 - 98 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 98 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 99 3 (Minutes-Board of Commissioners-June 7, 2011) MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF SHAWN SINCLAIR TO THE HISTORIC PRESERVATION BOARD Summary of Municipal Order No. 2011 - 99 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 99 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 100 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF DALE EICHELBERGER TO THE CITY OF BOWLING GREEN CODE ENFORCEMENT BOARD Summary of Municipal Order No. 2011 - 100 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 100 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 101 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF SCOTT GARY TO THE BOWLING GREEN AUDIT COMMITTEE Summary of Municipal Order No. 2011 - 101 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 101 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 102 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF GREG O. SEATON TO THE HOUSING AUTHORITY OF BOWLING GREEN Summary of Municipal Order No. 2011 - 102 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None 4 (Minutes-Board of Commissioners-June 7, 2011) Municipal Order No. 2011 - 102 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 103 MUNICIPAL ORDER APPROVING THE PROMOTIONS OF MAUREENA M. HILLARD TO THE POSITION OF PARKS FACILITY MAINTAINER SENIOR, JEREMY D. PURICHIA TO THE POSITION OF IRRIGATION/SPRAY TECHNICIAN AND OMAR G. ROGERS II TO THE POSITION OF COMMUNITY CENTER SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2011 - 103 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reviewed the recent vacancies in three Parks positions. Parks and Recreation Director Ernie Gouvas reviewed the qualifications of each individual and recommended their promotions. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 103 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 104 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF TODD P. EDGE, NICHOLAS B. HOUCHENS, TRAVIS J. MCQUERN AND JOSIAH S. SUPER TO THE POSITION OF POLICE OFFICER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2011 - 104 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. DeFebbo noted that from 172 initial applicants and through the application process, four individuals were recommended for appointment at this time. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 104 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 105 MUNICIPAL ORDER AUTHORIZING ADOPTION OF THE PUBLIC WORKS FLEET MANAGEMENT DIVISION EQUIPMENT TECHNICIAN CERTIFICATION PROGRAM Summary of Municipal Order No. 2011 - 105 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo indicated that in an effort to continually improve the skill levels of employees, similar certification or promotional programs had been established in other departments/divisions. He also pointed out that suggestions received from Board members during a previous work session were incorporated into the final program draft. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. 5 (Minutes-Board of Commissioners-June 7, 2011) ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 105 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 106 MUNICIPAL ORDER APPROVING THE PURCHASE OF A 10 TON TRANE HVAC UNIT AND AUTHORIZING NONCOMPETITIVE NEGOTIATIONS FOR INSTALLATION FROM ROLLIN MECHANICAL TO REPLACE A 10 TON CARRIER ROOF TOP UNIT FOR THE CITY HALL ANNEX Summary of Municipal Order No. 2011 - 106 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo explained that the current air conditioning unit had seen its useful life and it was increasingly more difficult to secure parts when needed for repair. He recommended its replacement. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 106 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 107 MUNICIPAL ORDER AUTHORIZING THE CONTINUATION OF A CONTRACT WITH SPRINT SOLUTIONS, INC. OF OVERLAND PARK, KANSAS FOR CELLULAR SERVICE AND EQUIPMENT FOR AN ADDITIONAL YEAR Summary of Municipal Order No. 2011 - 107 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo stated this was a simple extension of an existing contract originally bid in 2008. He also specified that bids would be sought again next year. In response for a request from Comm. Hill to clarify the difference between this service and a City issued stipend for cell phone use, Ms. Schaller explained that the stipend was provided to eligible employees for use of a personal cell phone for business purposes. If an employee preferred to use his personal cell phone and was willing to make that cell phone number public for City business purposes, that employee could be reimbursed at a flat monthly rate through a stipend instead of being issued a City-owned cell phone with Sprint services. City Attorney Gene Harmon also remarked that although both options were currently considered taxable fringe benefits to an employee, there had been discussions in Congress over the past couple of years to eventually remove business issued cell phones from taxable implications. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 107 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 108 6 (Minutes-Board of Commissioners-June 7, 2011) MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2011- 31 FOR SOUTH PARK DRIVE DRAINAGE IMPROVEMENTS FROM SCOTT & RITTER, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $199,837.50 Summary of Municipal Order No. 2011 - 108 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. DeFebbo stated one of the City’s top priorities was stormwater mitigation and this project, involving Paul Walker Golf Course, was previously approved in the first year of funding for the program. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 108 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 109 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2011- 34 FOR PUBLIC TRANSIT SERVICES AND APPROVING A CONTRACT WITH COMMUNITY ACTION OF SOUTHERN KENTUCKY, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $1,598,935 Summary of Municipal Order No. 2011 - 109 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo specified that the City operates a transit system through a contractor and recommended its approval. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 109 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 110 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2011- 40 FOR AN AGREEMENT WITH PARK STREET PARTNERS D/B/A URGENTCARE AND CORPCARE TO PROVIDE EMPLOYEE MEDICAL SERVICES (PHYSICALS AND MEDICAL TESTING) Summary of Municipal Order No. 2011 - 110 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended approval of the agreement. He noted that by going out for bid, it was determined that the City was getting the best price for these services. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 110 was approved by unanimous vote. 7 (Minutes-Board of Commissioners-June 7, 2011) MUNICIPAL ORDER NO. 2011 – 111 MUNICIPAL ORDER AUTHORIZING INSURANCE PREMIUM PAYMENTS TO THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES (KLCIS) FOR INSURANCE COVERAGES OF GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE, PROPERTY, AND WORKERS COMPENSATION FOR FISCAL YEAR 2012 Summary of Municipal Order No. 2011 - 111 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. DeFebbo explained that the City has been successful with maximizing its amount of risk based on performance to receive the best insurance rates available through KLCIS. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 111 was approved by unanimous vote. REMOVE FROM TABLE Motion was made by Nash and seconded by Waltrip to remove Ordinance No. 2011 – 18 from the table for discussion and consideration at this time. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to remove Ordinance No. 2011 – 18 from the table for consideration at this time was approved by unanimous vote. ORDINANCE NO. BG2011 – 18 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE THE MEMBERSHIP OF THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY AND TO MAKE OTHER ADMINISTRATIVE AMENDMENTS Title and summary of Ordinance No. BG2011 - 18 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for first reading of said Ordinance. DeFebbo summarized that the Board had made a previous decision to incrementally change the membership requirements for elected officials on various city boards and commissioners, and this was the first board to be revised. City Attorney Gene Harmon reviewed the proposed changes to the Greenways Commission membership and a housekeeping revision related to the Administrative Appeals Board. Comm. Nash confirmed that this change in no way prevented the Greenways from inviting a City elected official from serving on the Committee, it just eliminated the requirement. Mr. Harmon clarified 8 (Minutes-Board of Commissioners-June 7, 2011) that all City appointments to the Greenways would still require approval by the Board of Commissioners, however, an elected official could serve on the committee as a citizen appointment. In the absence of the ordinance’s sponsor, Mayor Pro Tem Wilkerson recounted that Mayor Denning desired to remove the mandate of the Board of Commissioners appointments to various boards and commissions. Once discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 18 was approved by unanimous vote. ORDINANCE NO. BG2011 – 23 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 7.56 ACRES FROM RS-1A (SINGLE FAMILY RESIDENTIAL) AND RM-2 (MULTI-FAMILY RESIDENTIAL) TO OP-C (OFFICE AND PROFESSIONAL - COMMERCIAL) LOCATED AT 1323 MELROSE STREET, PRESENTLY OWNED BY BROADWAY UNITED METHODIST CHURCH Title and summary of Ordinance No. BG2011 - 23 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for first reading of said Ordinance. DeFebbo remarked that City-County Planning Commission Director Steve Hunter was on hand to answer any questions related to all three rezoning items on the agenda. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 23 was approved by unanimous vote. ORDINANCE NO. BG2011 – 24 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.7587 ACRE FROM RM-4 (MULTI-FAMILY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LOCATED AT 2350 NASHVILLE ROAD, PRESENTLY OWNED BY POTTERS CHILDREN’S HOME AND FAMILY MINISTRIES Title and summary of Ordinance No. BG2011 - 24 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for first reading of said Ordinance. Comm. Nash stated that this item was debated thoroughly at the Planning Commission’s public hearing. At Mayor Pro Tem Wilkerson request, City-County Planning Commission Director Steve Hunter reported that a committee had been formed to review sign regulations and use of LED lighting and had proposed changes to the regulations which would be brought forward in a text amendment to the Zoning 9 (Minutes-Board of Commissioners-June 7, 2011) Ordinance. In addition, Mr. Hunter noted that the same committee also proposed changes to billboard standards which would prohibit the use of LED lighting. However, he pointed out that although those changes would not impact this particular rezoning, a binding element was included to prohibit the use of LEDs for this location. After the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 24 was approved by unanimous vote. ORDINANCE NO. BG2011 – 25 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.664 ACRE FROM RM-4 (MULTI-FAMILY RESIDENTIAL) AND OP-C (OFFICE AND PROFESSIONAL – COMMERCIAL) TO OP-C (OFFICE AND PROFESSIONAL - COMMERCIAL) LOCATED AT 440 HIGH STREET, PRESENTLY OWNED BY TRIDENT ENTERPRISES OF KENTUCKY, LLC Title and summary of Ordinance No. BG2011 - 25 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for first reading of said Ordinance. Mayor Pro Tem Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 25 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 112 MUNICIPAL ORDER ACCEPTING AND RATIFYING ACTIONS OF CITY OFFICIALS IN EXECUTING GRANT AGREEMENT AMONG THE BOWLING GREEN-WARREN COUNTY REGIONAL AIRPORT BOARD, THE CITY OF BOWLING GREEN, WARREN COUNTY AND THE FEDERAL AVIATION ADMINISTRATION RELATED TO AIRPORT RUNWAY 3-21 GRADE IMPROVEMENT PROJECT Summary of Municipal Order No. 2011 - 112 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reported there would be a required grant match of 1.25% ($1,520) from the City as part of this agreement. Mayor Pro Tem Wilkerson specified that this project was for a gradient study of the runway to determine if improvements were needed. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 112 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 113 10 (Minutes-Board of Commissioners-June 7, 2011) MUNICIPAL ORDER ACCEPTING THE INTER-MODAL TRANSPORTATION AUTHORITY (ITA), INC. FISCAL YEAR 2012 OPERATING BUDGET AND FINANCIAL STATEMENTS ENDING JUNE 30, 2010 Summary of Municipal Order No. 2011 - 113 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo indicated that pursuant to ordinance, the ITA was required to present its annual budget and audit to the City and County for approval. Bowling Green Area Chamber of Commerce President and CEO Ron Bunch expressed appreciation for the City’s support of economic development. Since the Board had received copies of both the budget and audit in advance of this meeting, Mr. Bunch provided an overview of the details. He reported 955 employees were located in the Transpark as of April. He noted that the they continue to work with Magna to expand its employment, and continue to recruit new investments and create new jobs in an effort to build the revenue base for the Transpark. He further reported that they were projecting to receive $650,000 in wage assessment payments and have proposed a modest increase in the operating budget. Mr. Bunch listed a few key goals for the coming year, which included working with the Bowling Green Area Economic Development Authority to put at risk $2.7 million in private capital for a shell building to attached new businesses to the Transpark, extending Commonwealth Boulevard for further development, and updating the regional marketing plan. Mr. DeFebbo added that he and Chief Financial Officer Jeff Meisel participate on the ITA Finance Committee and he was a member on the ITA Board. As such, both he and Mr. Meisel had been involved with the development of the budget and were both comfortable with the proposed ITA budget. Mayor Pro Tem Wilkerson asked Mr. Bunch to relay best wishes to Vice President Dan Preston who recently announced his retirement as of the end of this month. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 113 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 114 MUNICIPAL ORDER APPROVING A JOB DEVELOPMENT INCENTIVE FUND EMPLOYEE WITHHOLDINGS CREDIT AGREEMENT WITH GENERAL MOTORS (GM) LLC Summary of Municipal Order No. 2011 - 114 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. DeFebbo remarked that the City plays an important role with providing incentives for job creation in the community. With the 250 new jobs that GM proposed to create with its expansion of operations, he reported that the City will return 1% of the gross wages from employee withholdings fees generated for a ten-year period. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2011 - 114 was approved by unanimous vote. 11 (Minutes-Board of Commissioners-June 7, 2011) ORDINANCE NO. BG2011 – 26 (First Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER SIX TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2011 Title and summary of Ordinance No. BG2011 - 26 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for first reading of said Ordinance. DeFebbo surmised that one of the most important roles of the Board of Commissioners was the management of the budget through amendment. Chief Financial Officer Jeff Meisel briefly described the recommended changes. Mayor Pro Tem Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 26 was approved by unanimous vote. RECOGNITION In conjunction with the action taken regarding General Motors, Comm. Waltrip announced that UAW celebrated 30 years of being in Bowling Green this past weekend. ADJOURNMENT Mayor Pro Tem Wilkerson confirmed that the Board would meet next in a special session at 4:00 p.m. on Tuesday, June 14, 2011. There being no further business to come before the Board of Commissioners, at approximately 8:05 p.m., Mayor Pro Tem Wilkerson declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners, excluding Mayor Joe W. Denning, convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the City of Bowling Green’s Annual Operating Budget for Fiscal Year 2011/2012 as recommended by the City Manager, including projected revenues and expenditures, capital improvement projects and agency funding. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners 12 (Minutes-Board of Commissioners-June 7, 2011) ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 13