Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held DECEMBER 6, 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 December 6, 2011. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Dr. Alton Little, 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 Bill Waltrip, Commissioner Joe W. Denning, Commissioner Melinda M. Hill, Commissioner Brian “Slim” Nash and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. PUBLIC HEARING City Engineer Melissa Cansler conducted a public hearing for the purpose of reviewing the proposed use of the Municipal Aid Program (Liquid Fuel Tax) funds and the Coal-Mineral Severance Tax funds. She reported that the Fiscal Year 2012 Liquid Fuel Tax (LFT) projected revenues are $950,000 with proposed expenses totally $985,000, which would require the spending of existing fund balance. She reviewed the projects proposed for Street Resurfacing of 6.2 miles in the amount of $850,000, Sidewalk, Curb & Gutter Rehabilitation of 1,620 linear feet in the amount of $100,000 and Traffic Signal/Fiber Optic Connections for five remaining traffic signals in the amount of $35,000. Ms. Cansler pointed out that one of the streets (Linden Drive) identified for resurfacing contained speed humps that would not be replaced per the existing Neighborhood Traffic Control Policy. She also pointed out that the limestone curbing located on the portion of 11th Avenue scheduled for rehabilitation would not be reset due to cost, and regular concrete would be used for the new curb and gutter. Ms. Cansler further reported that the Fiscal Year 2012 Coal-Mineral Tax projected revenues are $31,000. She explained that $70,000 was proposed to be spent for expansion/upgrade of three additional downtown traffic signals which were removed from the original Downtown Signalization Project due to cost in 2008. The projected ending fund balances are $608,663 for LFT and $5,089 for Coal-Mineral. There were no questions from the public. AWARDS & RECOGNITIONS Mayor Wilkerson congratulated the Bowling Green High School Football Team for its Class 5A State Championship win on Saturday, December 3rd and for its 15-0 season. Mayor Wilkerson also announced that Bowling Green Parks and Recreation was the recipient of three awards from Kentucky Recreation and Park Society (KRPS) during last week’s conference, including awards for the most outstanding Department in the Division 1 large department category, for the Kummer-Little Recreation Center facility and programing for special populations, and the 2011 Support Award for exemplary maintenance and appearance of the City’s park facilities. *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-December 6, 2011) WKU GATEWAY TO DOWNTOWN BOWLING GREEN TAX INCREMENT FINANCING (TIF) DISTRICT QUARTERLY REPORT On behalf of himself and his family, Doug Gorman expressed his appreciation for living in what he referred to as the greatest city in America and he thanked the Board of Commissioners, City staff and, in particular, Police and Fire departments for exemplary service. As the Chairperson of the Warren County Downtown Economic Development Authority (WCDEDA), Mr. Gorman provided a brief update regarding TIF activities and projects already underway. He indicated that they were in a good position to reach $150 million in completed projects for Signature TIF status by the required 2014 deadline with over $166 million in approved development projects to date, most of which have already been completed or currently under construction. He reported that the Southern Kentucky Performing Arts Center (SKyPAC) was scheduled to open in March 2012 and the 821 space parking garage under construction in Block 6 would open at about the same time. Mr. Gorman also provided a progress report of the development in Block 12, including the expected completion of the Student Life Foundation residential wrap by summer 2012 and the WKU Alumni Center by next fall. In addition, he provided an overview of several other projects in the development stages for Blocks 7 (retail center), 10 (BGMU headquarters), 11 (old Jr. High School renovations) and 208 (Dr. Kaul medical offices). Mr. Gorman further reported that the Authority was in the final stages of securing tenants for the retail/commercial and residential wrap component in Block 6. In response to questions from City Attorney Gene Harmon, Mr. Gorman reported that subdeveloper applications would be submitted to the City in the next week for both Block 6 and Block 7. He noted that the application for Block 6 was not yet complete, although the application for Block 7 was ready. He also confirmed that a revised Revenue Sharing Agreement would also be forth coming. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. APPROVAL OF MINUTES Minutes of Regular Meeting November 15, 2011 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Hill and seconded by Waltrip to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of November 15, 2011 was approved by unanimous vote. PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. 2 (Minutes-Board of Commissioners-December 6, 2011) REGULAR AGENDA MUNICIPAL ORDER NO. 2011 – 218 MUNICIPAL ORDER ELECTING BILL WALTRIP AS MAYOR PRO TEM Summary of Municipal Order No. 2011 - 218 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 218 was approved by unanimous vote. ORDINANCE NO. BG2011 – 45 (Second Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF THREE ALLEYS BOUNDED BY KENTUCKY STREET, CENTER STREET, 9TH AVENUE/EAST MAIN AND 8TH AVENUE Title and summary of Ordinance No. BG2011 - 45 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Ordinance No. BG2011 - 45 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 46 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 4.04 ACRES FROM GB (GENERAL BUSINESS) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT EAST MAIN AVENUE, 8TH AVENUE, KENTUCKY STREET AND CENTER STREET, PRESENTLY OWNED BY BOWLING GREEN MUNICIPAL UTILITIES Title and summary of Ordinance No. BG2011 - 46 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for second reading of said Ordinance. Mayor Wilkerson noted this was for the BGMU development. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Ordinance No. BG2011 - 46 was adopted by unanimous vote. 3 (Minutes-Board of Commissioners-December 6, 2011) ORDINANCE NO. BG2011 – 47 (Second Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER ONE TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2012 Title and summary of Ordinance No. BG2011 - 47 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Ordinance No. BG2011 - 47 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 48 (Second Reading) ORDINANCE PROVIDING FOR ISSUANCE OF WATER AND SEWER REVENUE BONDS ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CITY OF BOWLING GREEN WATER AND SEWER REVENUE BONDS, SERIES 2011 AND SERIES 2012 FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW OFFICE AND ADMINISTRATIVE BUILDING FOR USE AND OPERATIONS OF BOWLING GREEN MUNICIPAL UTILITIES Title and summary of Ordinance No. BG2011 - 48 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Ordinance No. BG2011 - 48 was adopted by unanimous vote. Mayor Wilkerson noted that the next several items (Municipal Order No. 2011 – 219 through 2011 – 224) were a series of routine board and commission appointments and reappointments. MUNICIPAL ORDER NO. 2011 – 219 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF COMMISSIONER JOE DENNING TO THE BOWLING GREEN AUDIT COMMITTEE 4 (Minutes-Board of Commissioners-December 6, 2011) Summary of Municipal Order No. 2011 - 219 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Hill, Nash and Wilkerson Voting Nay: None Abstaining: Denning Municipal Order No. 2011 - 219 was approved by majority vote. MUNICIPAL ORDER NO. 2011 – 220 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF RODNEY ROGERS AND JIM ED HOLLAND TO THE CONTRACTORS LICENSING BOARD Summary of Municipal Order No. 2011 - 220 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 220 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 221 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF TIM HUSTON TO THE OPERATION P.R.I.D.E. BOARD OF DIRECTORS Summary of Municipal Order No. 2011 - 221 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 221 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 222 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF BETH HELTSLEY TO THE BOWLING GREEN COMMUNITY TREE ADVISORY BOARD Summary of Municipal Order No. 2011 - 222 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 222 was approved by unanimous vote. 5 (Minutes-Board of Commissioners-December 6, 2011) MUNICIPAL ORDER NO. 2011 – 223 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF MICHAEL SIMPSON TO THE ADMINISTRATIVE APPEALS BOARD Summary of Municipal Order No. 2011 - 223 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 223 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 224 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF CATHYE GUMM AND MIKE HOLIAN, AND APPOINTMENT OF LINDA TAYLOR LEIGH TO THE CITY OF BOWLING GREEN BOARD OF ETHICS Summary of Municipal Order No. 2011 - 224 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 224 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 225 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF RICKY L. JACKSON TO THE POSITION OF CUSTODIAN IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2011 - 225 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 there has been high turnover in this position. He reviewed the qualifications of the candidate for the recommended appointment. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 225 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 226 MUNICIPAL ORDER APPROVING THE PROMOTIONS OF EVAN L. HENDERSON, CRAIG A. WHITE AND JEFFREY A. WOOSLEY 6 (Minutes-Board of Commissioners-December 6, 2011) TO THE POSITION OF FIRE APPARATUS OPERATOR/EMT IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2011 - 226 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. DeFebbo stated that at the last meeting there was a group of promotions in the Fire Department which caused a cascading for other promotions. Fire Chief Greg Johnson reviewed the position responsibilities and recommended each promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 226 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 227 MUNICIPAL ORDER APPROVING THE CONTINUATION OF AN AGREEMENT WITH WESTERN KENTUCKY UNIVERSITY FOR PROVIDING A LEAF COMPOSTING SYSTEM FOR THE CITY OF BOWLING GREEN, KENTUCKY Summary of Municipal Order No. 2011 - 227 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Nash for consideration of said Municipal Order. DeFebbo indicated that the City was nearing the end of the leaf pickup season and transporting of the leaves to the WKU farm for composting and eventual sale to the community. He recommended approval of the annual agreement which included a slight increase to assist with fuel costs, but also included a revenue sharing component. In responding to a question from Comm. Hill, Public Works Director Jeff Lashlee stated he would have to check to see if the City purchased any of the compost for use and if WKU paid for any compost it may use. Mr. DeFebbo surmised that both the City and WKU should pay for the use of the compost like anyone else. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None Municipal Order No. 2011 - 227 was approved by unanimous vote. ORDINANCE NO. BG2011 – 49 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF TWO ALLEYS BOUNDED BY 11TH AVENUE, BROADWAY AVENUE, HIGH STREET AND KENTON STREET Title and summary of Ordinance No. BG2011 - 49 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Nash for first reading of said Ordinance. Comm. Denning inquired if an egress would be permitted off 11th Avenue to accommodate other properties. Public Works Director Jeff Lashlee indicated that the portion of alleyway to be closed was all contiguous to Mr. Kirby’s property (JC Kirby and Son Funeral Chapel) 7 (Minutes-Board of Commissioners-December 6, 2011) and should not impede access to surrounding properties. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 49 was approved by unanimous vote. ORDINANCE NO. BG2011 – 50 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 25 (CODE OF ETHICS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO AMEND THE SUBCHAPTER DEALING WITH STANDARDS OF CONDUCT AND TO MAKE RELATED AMENDMENTS Title and summary of Ordinance No. BG2011 - 50 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Denning for first reading of said Ordinance. Mayor Wilkerson specified he revised the Board of Ethics’ original recommendation based on the discussions at two previous work sessions. In searching a lot of ethics ordinances throughout the country, Mayor Wilkerson commented that Bowling Green likely had the most stringent of any local government. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill, Nash and Wilkerson Voting Nay: None First reading of Ordinance No. BG2011 - 50 was approved by unanimous vote. ORDINANCE NO. BG2011 – 51 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 15 (BUSINESS AND GENERAL REGULATIONS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES RELATED TO THE SALE AND USE OF FIREWORKS Title and summary of Ordinance No. BG2011 - 51 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for first reading of said Ordinance. At the request of the Board, Comm. Hill remarked that the version of the Ordinance she sponsored relating to fireworks allowed for the “pow and wow” and established specific days and times for discharge of fireworks during the year. City Attorney Gene Harmon elaborated that Ordinance No. BG2011-51 allowed all classes of fireworks as previously adopted; however, it provided for a 75 foot distance for sales from fuel pumps, identified specific days and times for use (June 27-July 5), and established the ability to apply for a special use permit for other times of the year. He also noted that among the other changes, the permit fee for the sale of ancillary fireworks (now referred to as consumer fireworks as defined in KRS 227.702(1)) was reduced. In addition, Mr. Harmon provided an overview of Ordinance No. BG2011-52, which was sponsored by Comm. Nash. He explained that under this version, Class 2 and 3 fireworks were 8 (Minutes-Board of Commissioners-December 6, 2011) prohibited from use and sale, and the days and times for use of Class 1 ancillary fireworks was restricted to June 27 through July 5. Mayor Wilkerson clarified the differences between the two ordinances as Ordinance No. BG2011-51 was generally the same as previously approved this summer with some modifications to the days and times for use; whereas, Ordinance No. BG2011-52 went back to regulations and restrictions in place prior to this past June with some changes related to ancillary fireworks. After establishing that there were few areas in the City limits that met the 200 foot requirement imposed by state statute for use of Class 2 and 3 fireworks, Comm. Nash provided statistics of the number of calls for service (93 in 2010; 240 in 2011) and calls for shots fired (7 in 2010; 9 in 2011) which were received by the Police Department during the same time period in 2010 versus 2011 around the Fourth of July celebrations. He stated that he felt confident that the increase in numbers was directly related to fireworks being more readily available. He continued that his pursuit to restrict the use and sale of fireworks was not about whether he liked them, but rather about the 200 foot rule. He declared that it would send the wrong message to the public to allow the use and sale of fireworks when the vast majority of people would be set up for failure with non-compliance of the 200 foot rule. He objected to passing a law that could not be reasonably enforced based on the logistics of where we live. Comm. Waltrip inquired about the timeframe for the sale of fireworks and the impact to the County if the City did not allow sales. Mr. Harmon replied that sales are currently permitted all year round under the existing regulations. He explained that since Warren County had not imposed any regulations, retailers could locate just outside the City limits to sell. Comm. Waltrip noted that the City would then lose business to the County. Comm. Hill indicated that because of the State’s restriction, the City was placed in a difficult situation. She continued that none of the calls she received or complaints heard indicated problems with the sale, but instead dealt with the days and times of use. She stated that she was a firm believer that people will buy and use fireworks regardless and the City should be able to get the revenues from those sales. There was additional discussion regarding the statistics presented by Comm. Nash, and Police Chief Doug Hawkins responded to questions. Comm. Nash reiterated his position on the issue. He commented that he did not disagree with Comm. Hill about wanting the money to stay here, but he expressed concern about the cost to the taxpayer. Roger Loyd, a fireworks retailer, stated he had three retail locations this summer in Bowling Green. He commented that people were excited to be able to buy closer to home. He remarked that if people have to go outside the City limits to purchase fireworks, then the City will lose revenues and the people will just ignore the law and use them anyway. Mr. Loyd surmised that the State’s 200 foot law would get changed or greatly reduced. In response to a question from Comm. Nash about how to regulate the 200 foot rule, Mr. Loyd suggested that more education would be needed for the public to understand. Niqui Cunha, who operates a permanent location in Bowling Green that sells fireworks part of the year and mattresses the other part of the year, spoke in favor of Comm. Hill’s ordinance. She 9 (Minutes-Board of Commissioners-December 6, 2011) indicated that her business generates revenues for the City and uses local businesses for advertising. She also responded to questions about the business, including the investment made to locate in Bowling Green as well as the number of employees working at this location. Amy Burge of Settle, Kentucky stated that she had one retail outlet in Bowling Green and she was in favor of continuing to allow the sale of fireworks. She expressed her appreciation for the services of the Fire Department during the inspection and permitting process. She said she heard several comments from patrons that they were so glad they did not have to travel to the state line to purchase fireworks. She also reported that she heard about illegal sales happening in the area and inquired about who would be cracking down on that. Ms. Burge stated she would like to return to the same location and asked if fireworks would be allowed for New Year’s Eve. Mr. Harmon replied there was no restriction on the sale during the year, only the use. Comm. Waltrip commented there was not a perfect solution no matter what the Board did. He stated that Ordinance No. BG2011-51 seemed to be the best compromise; although, he could not debate Comm. Nash about anything he had said. He acknowledged that some people will be upset either way. Following clarification by Mayor Wilkerson about the specific ordinance up for vote at this time and with no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: Nash First reading of Ordinance No. BG2011 - 51 was approved by majority vote. ORDINANCE NO. BG2011 – 52 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 15 (BUSINESS AND GENERAL REGULATIONS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO LIMIT THE SALE AND USE OF CONSUMER FIREWORKS Following the vote on Ordinance No. BG2011 – 51, Commissioner Nash withdrew Ordinance No. BG2011 - 52 from further consideration as the ordinance’s sponsor. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 8:25 p.m., Mayor Wilkerson 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) proposed amendments to Chapter 9 (General Offenses) of the City of Bowling Green Code of Ordinances to create a new subchapter related to synthetic cannabinoid agonists or 10 (Minutes-Board of Commissioners-December 6, 2011) piperazines; and 2) a continuation of the unsolicited Paul Walker Golf Course leasing proposal from Greg Gary and a draft Request for Proposals (RFP) related to both 9-hole courses, as well as financial information about the golf division and other parks programs. Following the discussion of the proposed amendments to Chapter 9, Comm. Waltrip stated he would sponsor a resolution, instead of a City ordinance, to support Warren County’s passing of a county-wide ordinance regulating synthetic substances such as 7H, Diablo and other similar substances. There were no objections voiced to defer to the County’s passing of an ordinance. During the discussion of a draft RFP for privatizing the use of the 9-hole golf courses, there were several points of consensus. The Board of Commissioners unanimously agreed that it did not want to entertain selling either of the 9-hole golf courses, although it would consider transitionally closing The Golf Course at Riverview. There was no objection voiced with the RFP as written; however, a majority of the Board did not want to consider a private management contract to operate either of the courses. A majority of the Board also supported the idea of exploring alternative uses and/or repurposing The Golf Course at Riverview, as well as exploring a junior play facility at Paul Walker Golf Course. In conclusion, a consensus was reached to issue the RFP since there was no obligation to accept any responses if received, and to keep the language as flexible as possible to achieve the best options. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11