Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held MAY 1, 2012 The Board of Commissioners of the City of Bowling Green, Kentucky met in regular session in the Commission Chamber of City Hall, Bowling Green, Kentucky at 7:00 p.m. on May 1, 2012. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Bowling Green Christian Academy Administrator Tim Petitt, 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 Melinda M. Hill, Commissioner Brian “Slim” Nash, Commissioner Bill Waltrip and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Wilkerson asked if there were any awards or recognitions and there were none. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. APPROVAL OF MINUTES Minutes of Regular Meeting April 17, 2012 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: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of April 17, 2012 was approved by unanimous vote. PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. REGULAR AGENDA ORDINANCE NO. BG2012 – 9 (Second 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 *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-May 1, 2012) Title and summary of Ordinance No. BG2012 - 9 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: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2012 - 9 was adopted by unanimous vote. ORDINANCE NO. BG2012 – 10 (Second Reading) ORDINANCE RENAMING STREET ORDINANCE APPROVING THE RENAMING OF A PORTION OF NAVAJO DRIVE TO JEFFERSON COURT Title and summary of Ordinance No. BG2012 - 10 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip 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: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2012 - 10 was adopted by unanimous vote. ORDINANCE NO. BG2012 – 11 (Second Reading) ORDINANCE RELATED TO WKU GATEWAY TO DOWNTOWN BOWLING GREEN TIF DEVELOPMENT AREA ORDINANCE APPROVING AMENDED AND RESTATED LOCAL PARTICIPATION AGREEMENT #3 AND AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT #2 RELATED TO THE WKU GATEWAY TO DOWNTOWN BOWLING GREEN DEVELOPMENT AREA Title and summary of Ordinance No. BG2012 - 11 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for second reading of said Ordinance. Attorney David Lanphear, local counsel for Downtown Redevelopment Authority, Inc. (DRA) and on behalf of Attorney Nader Baydoun (out of town counsel), requested that the ordinance be tabled to allow time for them to look at the revised Master Development Agreement (MDA). He stated that he thought there were some changes that did not serve the best interests of DRA or the taxpayers. Mr. Lanphear responded to questions about waiting until this meeting to bring these issues forward and bringing them directly to the Board of Commissioners as the policy makers instead of approaching the City Attorney and staff in advance of the meeting. Among other issues such as the expansion of the district and the Master Developer’s compensation, Mr. Lanphear indicated that numerous changes to the MDA deleted obligations of the Master Developer to bring $2 million of private development in relation to DRA’s building at 601 State Street. He urged the Board to wait on approving the agreement for another two weeks, which would allow time for Mr. Baydoun to prepare an appropriate retort to protect DRA. 2 (Minutes-Board of Commissioners-May 1, 2012) In response to some of the issues that Mr. Lanphear brought forward, Mayor Wilkerson stated that several of the changes to both agreements were discussed at the April 17th work session. He reiterated that many of the changes in the MDA related to actions already taken by the Board, including the expansion of the district in 2008 and compensation to the Master Developer. Downtown Redevelopment Authority Executive Director Ron Murphy responded to questions about not being able to meet with Mr. Baydoun before tonight and for not speaking up at the April 17th meeting when the ordinance was brought up for first reading. With Mr. Baydoun involved with a trial and unable to attend this meeting, Mr. Murphy requested that the Board table the issue to allow more time for DRA to study the changes. At the request of Comm. Denning, Attorney Kevin Brooks, representing Warren County Downtown Economic Development Authority (Authority), explained there was no direct relationship between the Authority and DRA, nor was DRA a party to or beneficiary of the MDA. He summarized that the changes being proposed made clear those things that should already be clear based on past decisions and actions already taken by the Authority, City and Warren County. Essentially, he believed that the changes simply memorialized the facts as they already are. Mr. Brooks also reiterated that making improvements to 601 State Street was predicated on borrowing money which has not been able to be done. City Attorney Gene Harmon advised that all parties to the agreement understood the expansion and its impact on the Master Developer compensation agreement. He also concurred with Mr. Brooks that it was the Authority’s intent to issue TIF bonds which would have provided the funds to make improvements to DRA’s building if such financing became available. There was continued discussion about the request to table the item and the inability of DRA and its attorneys to have enough time to gather information and review it prior to tonight. Comm. Denning made a motion to tabled Ordinance No. BG2012 - 11 to provide all involved more time to review the materials. The motion was seconded by Waltrip, and a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Waltrip and Wilkerson Voting Nay: Nash Motion to table Ordinance No. BG2012 - 11 was approved by majority vote. Following the vote, there was discussion about when the item should be brought back for continued discussion. Mr. Lanphear referred to a letter from Mr. Baydoun which requested the item be tabled until the June 5th meeting of the Board of Commissioners. Mr. Brooks indicated that approval of the MDA was needed to predicate other actions for the Block 6 development. He suggested that the item could be tabled again at the May 15th meeting if more time was needed. The Board agreed that the ordinance would be brought back for discussion May 15th. MUNICIPAL ORDER NO. 2012 – 62 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF TOM HART TO THE UNIVERSITY DISTRICT REVIEW COMMITTEE Summary of Municipal Order No. 2012 - 62 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. 3 (Minutes-Board of Commissioners-May 1, 2012) ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 62 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 63 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF JASON SMITH TO THE BOWLING GREEN-WARREN COUNTY HISTORIC PRESERVATION BOARD Summary of Municipal Order No. 2012 - 63 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 63 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 64 MUNICIPAL ORDER REVISING THE TERM OF EXPIRATION DATES OF BOARD APPOINTEES OF THE BOWLING GREEN AREA CONVENTION AND VISITORS BUREAU Summary of Municipal Order No. 2012 - 64 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. Bowling Green Area Convention and Visitors Bureau Executive Director Vicki Fitch briefly explained that the revision to the appointees’ terms was a housekeeping initiative that would align member terms with terms of office of the CVB board and with its fiscal year. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 64 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 65 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-33 FOR PARKER-BENNETT COMMUNITY CENTER ROOF REPLACEMENT PROJECT FROM CMS ROOFING, LLC OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $59,879 Summary of Municipal Order No. 2012 - 65 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 recounted that Community Development Block Grant (CDBG) funds were allocated for this project and he recommended the bid award. Comm. Denning inquired about the number of participants that use the facility and its hours of operation. Parks and Recreation Director Ernie Gouvas responded that there were approximately 70 participants with two full-time and one part-time staff, and the center opened at around 2:00 p.m. in the afternoon. Mr. Gouvas also noted that a 4 (Minutes-Board of Commissioners-May 1, 2012) before school drop-off program would be implemented. In addition, he provided that the Center was open from 7:00 a.m. to 5:00 p.m. during the summer. Mayor Pro Tem Waltrip asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash and Waltrip Voting Nay: None Municipal Order No. 2012 - 65 was approved by unanimous vote of those present. Mayor Wilkerson had stepped out of the room prior to the vote on this item and returned shortly thereafter. MUNICIPAL ORDER NO. 2012 – 66 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-32 FOR SLOAN CONVENTION CENTER SOUND SYSTEM IMPROVEMENT PROJECT FROM AAA SYSTEMS OF BOWLING GREEN, KENTUCKY IN AN AMOUNT NOT TO EXCEED $53,700 Summary of Municipal Order No. 2012 - 66 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. DeFebbo specified that this item was approved by the Convention Center Corporation at a special meeting held earlier in the afternoon. Comm. Denning remarked about the sound system in the Commission Chamber and suggested that this company might be able to recommend changes for improvements. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 66 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 67 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-23 FOR FISCAL YEAR 2012 CURB AND GUTTER REHABILITATION FROM JC BREWER CONSTRUCTION, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $96,134.92 Summary of Municipal Order No. 2012 - 67 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 commented that funds were allocated each year to repair existing infrastructure and recommended approval of the bid award. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 67 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 68 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-36 FOR FISCAL YEAR 2012 STREET OVERLAY FROM 5 (Minutes-Board of Commissioners-May 1, 2012) SCOTTY’S CONTRACTING AND STONE OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $850,000 Summary of Municipal Order No. 2012 - 68 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 reported that only one bid was received and came in over budget. He explained that the bid was recommended for approval at the budgeted amount causing a few streets on the bottom of the project list to be removed. Mayor Wilkerson confirmed that those streets would be placed at the top of the list for next year. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 68 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 69 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-16 FOR AUDUBON DRIVE DRAINAGE IMPROVEMENTS FROM LANPHEAR CONSTRUCTION COMPANY OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $181,902.50, AND FURTHER AUTHORIZING THE DIRECT PURCHASE OF MATERIALS FROM STRAEFFER PUMP AND SUPPLY, INC. IN THE AMOUNT OF $22,500 Summary of Municipal Order No. 2012 - 69 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reviewed the project which was near the top of the list of Stormwater Mitigation Program projects identified three years ago. He recommended the bid award and direct purchase to save some money. Public Works Director Jeff Lashlee responded to questions about the project. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 69 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 70 MUNICIPAL ORDER AUTHORIZING THE CONTINUATION OF A CONTRACT WITH MOUNTJOY CHILTON MEDLEY, PLC TO PROVIDE EXTERNAL AUDIT SERVICES FOR AN ADDITIONAL YEAR Summary of Municipal Order No. 2012 - 70 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 indicated that the Audit Committee recommended the continuation of the existing audit contract for a fourth year. In response to questions from Comm. Nash, Internal Auditor Deborah Jenkins noted that the external auditing service was scheduled to be bid out every five years, which locked in prices for the duration of the contract. She also explained the contract required that the auditing staff be rotated to avoid complacency. Comm. Nash indicated that he would like to see a 6 (Minutes-Board of Commissioners-May 1, 2012) new firm every five years to ensure that the process stays fresh. Chief Financial Officer Jeff Meisel clarified that the selection of a firm was based on an evaluated bid and not just based on lowest price. Ms. Jenkins also replied that she preferred not to exclude a firm because the City may have used them before, but rather consider their experience in government auditing and other evaluated criteria. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 70 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 71 MUNICIPAL ORDER ACCEPTING A DONATION FROM THE BOWLING GREEN-WARREN COUNTY REGIONAL AIRPORT OF A 1990 GMC SIERRA AIRCRAFT RESCUE FIREFIGHTING VEHICLE Summary of Municipal Order No. 2012 - 71 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 remarked that the BG/WC Regional Airport Board offered to donate a fire truck for use at the Airport, which was recently acquired from the Paducah Airport. Fire Chief Greg Johnson expressed support for the donation. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 71 was approved by unanimous vote. ORDINANCE NO. BG2012 – 12 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 8.48 ACRES FROM HB (HIGHWAY BUSINESS) AND LI (LIGHT INDUSTRIAL) TO LI (LIGHT INDUSTRIAL) LOCATED ON DISHMAN LANE, PRESENTLY OWNED BY TOMMY LOID Title and summary of Ordinance No. BG2012 - 12 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Nash for first reading of said Ordinance. In response to a question from Comm. Denning, City-County Planning Commission Director Steve Hunter described the proposed use of the property for a trucking business and possibly warehousing in the future. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 12 was approved by unanimous vote of those present. Commissioner Hill had stepped out of the room prior to the vote on this ordinance and returned shortly thereafter. 7 (Minutes-Board of Commissioners-May 1, 2012) ORDINANCE NO. BG2012 – 13 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 5.03 ACRES FROM RM-4 (MULTI-FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT 1140 KENTUCKY STREET, PRESENTLY OWNED BY COLUMNS, LLC Title and summary of Ordinance No. BG2012 - 13 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for first reading of said Ordinance. Mayor Wilkerson specified that this rezoning was for property located behind the old Bowling Green Junior High School. He asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 13 was approved by unanimous vote. ORDINANCE NO. BG2012 – 14 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.19 ACRE FROM HB (HIGHWAY BUSINESS) TO RM-4 (MULTI- FAMILY RESIDENTIAL) LOCATED AT 1516 KENTON STREET, PRESENTLY OWNED BY L R PROPERTY MANAGEMENT, LLC Title and summary of Ordinance No. BG2012 - 14 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 14 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 72 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS FOR FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS IN THE AMOUNT OF $34,423 Summary of Municipal Order No. 2012 - 72 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 80% of the Police patrol vehicles had digital in-car cameras. With a 50/50 split of funds with Warren County, he specified that the City proposed to use its funds to purchase 8 (Minutes-Board of Commissioners-May 1, 2012) more in-car cameras to continue to outfit the fleet. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 72 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 73 MUNICIPAL ORDER ACCEPTING MAINTENANCE RESPONSIBILITY FOR SIDEWALKS ON THREE SPRINGS ROAD (KY 884) LOCATED IN THE CITY LIMITS TO BE CONSTRUCTED BY THE KENTUCKY TRANSPORTATION CABINET AS PART OF A ROAD RECONSTRUCTION PROJECT Summary of Municipal Order No. 2012 - 73 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. With the Kentucky Transportation Cabinet making improvements to Three Springs Road, Mr. DeFebbo recommended that the City accept maintenance of the sidewalks once constructed pursuant to the negotiated protocol with the State. Comm. Nash clarified that this was just a portion of the total improvement project. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 73 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 74 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN BRENTWOOD PLACE SECTION I SUBDIVISION Summary of Municipal Order No. 2012 - 74 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 indicated that once certain standards and specifications were met, the City’s protocol was to accept the maintenance of streets, sidewalks, curb and gutter, and drainage structures in new developments. In response to a question from Mayor Wilkerson, Public Works Director Jeff Lashlee indicated that this development was located behind Windover Apartments, but at a slightly higher elevation and met the established standards for its storm basin. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 74 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 75 MUNICIPAL ORDER APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BRION HOLLAND RELATED TO AN 9 (Minutes-Board of Commissioners-May 1, 2012) EXCLUSIVE RIGHT TO SELL CONTRACT FOR PROPERTY LOCATED AT 101 STATE STREET AND 425 1ST AVENUE EAST Summary of Municipal Order No. 2012 - 75 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. DeFebbo reviewed the agreement to contract with Mr. Holland to sell the surplus property on behalf of the City. He noted that the City previously issued a Request for Proposals to sell the property, but had no responses. Mayor Wilkerson stated that Mr. Holland was not just picked out of a crowd, but rather, he had recently approached the City with an interested buyer that subsequently fell through. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 75 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 76 MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FROM THE CITY OF BOWLING GREEN TO GENERAL MOTORS (GM) LLC Summary of Municipal Order No. 2012 - 76 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. DeFebbo explained that the City had issued industrial revenue bonds (IRB) several years ago which have now been paid off, and pursuant to agreement the property ownership would revert back to GM. Mayor Wilkerson inquired about the amount to be paid to the City by agreement. City Attorney Gene Harmon noted that there were still a few issues to clarify before the final deed would be ready for signature and that GM may have to pay up to $10.00. Comm. Denning recalled when the City assisted GM with installation of a paint shop and the production line for the smaller sporty Cadillac a few years ago. Once discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 76 was approved by unanimous vote. REMOVE FROM TABLE Motion was made by Hill and seconded by Waltrip to remove Municipal Order No. 2012 – 47 from the table for discussion. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to remove Municipal Order No. 2012 – 47 from the table for consideration at this time was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 47 MUNICIPAL ORDER APPROVING PARKS AND RECREATION FEES 10 (Minutes-Board of Commissioners-May 1, 2012) Summary of Municipal Order No. 2012 - 47 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. A motion was made by Hill, seconded by Nash, to amend Municipal Order No. 2012 – 47 to substitute the fee schedule attached to the Municipal Order with a revised fee schedule which was presented and discussed at the April 17th work session. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to amend Municipal Order No. 2012 - 47 to substitute the fee schedule was approved by unanimous vote. Motion was made by Hill and seconded by Nash to approve Municipal Order No. 2012 – 47 as amended. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 – 47 as amended was approved by unanimous vote. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 8:40 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) the issuance of a request for proposals to implement a Voice-Over-Internet Protocol (VOIP) telephone system; and 2) the proposed revisions to the Revenue Sharing Agreement related to the WKU Gateway to Downtown Bowling Green Development Area and a proposed development project for Block 6 of the Tax Increment Financing (TIF) District. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11