Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JUNE 5, 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 June 5, 2012. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by American Legion Post 23 Chaplain Dave Bouchey 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 Brian “Slim” Nash, Commissioner Bill Waltrip, Commissioner Melinda M. Hill and Mayor Bruce Wilkerson. Absent: Commissioner Joe W. Denning. There was a quorum of the Board of Commissioners. Mayor Wilkerson extended Comm. Denning’s regrets for being unable to attend the meeting. PUBLIC HEARING Neighborhood and Community Services Director Brent Childers conducted a public hearing for the purpose of reviewing and receiving comments on a proposed amendment to the Annual Action Plan for Year 6 (Fiscal Year 2010) of the Community Development Block Grant (CDBG) Entitlement Program. He reported that $563,000 was originally allocated to a variety of community development projects and after the completion of all the projects, a total of $24,200 was available in under spending. Mr. Childers proposed to reallocate the remaining balance of funds for continued public facilities improvements at the Parker-Bennett Community Center in order to complete the resurfacing of the multi-use courts. He described the project proposal and provided an update of the other projects being completed at both Parker-Bennett Community Center and Pedigo Park with the use of CDBG funds. In addition, he noted that much of the work completed at the Parker-Bennett playground was done with in-house labor by the Parks Maintenance Division. Mr. Childers stated that his office would be accepting comments about the proposed amendment through June 18, 2012. He also responded to a question about whether there might be funds available to address some issues with a small walking track on school property near the Parker-Bennett Park; however, funds were not likely to be available. AWARDS & RECOGNITIONS Mayor Wilkerson announced that the Gatton Academy of Mathematics and Science housed on Western Kentucky University’s campus was recently ranked the number one school in the Nation by Newsweek. He boasted that the entire student body included select students from across Kentucky. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the sale of real property by the City as publicity would likely affect the value of the specific piece of property to be sold, and for discussion of pending litigation against the City. Motion was made by Hill and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (b) and (c). Mayor Wilkerson called for roll call vote. *Note: Minutes are a summary of the discussions; a video recording of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-June 5, 2012) ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (b) and (c) was approved by unanimous vote. Mr. DeFebbo also requested a late-file, Ordinance No. BG2012 – 20 relating to the adoption of the Fiscal Year 2012/2013 Annual Operating Budget, be added to the agenda pursuant to the Board’s request following the work session. Motion was made by Waltrip and seconded by Hill to add Ordinance No. BG2012 – 20 to the agenda. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Motion to add Ordinance No. BG2012 – 20 to the agenda was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting May 15, 2012 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 Nash to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of May 15, 2012 was approved by unanimous vote. PUBLIC COMMENTS Following consideration of Ordinance No. BG2012 – 15, Mayor Wilkerson opened the floor for any public comments and there were none. LATE-FILED ITEM ORDINANCE NO. BG2012 – 20 (First Reading) ORDINANCE ADOPTING ANNUAL CITY BUDGET ORDINANCE ADOPTING THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013, BY ESTIMATING REVENUES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT Title and summary of Ordinance No. BG2012 - 20 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for first reading of said Ordinance. Mayor Wilkerson indicated the FY2013 budget proposal was discussed during the work session and it was added to the agenda to avoid a special meeting later in the month. He asked for additional discussion, and with none, a roll call vote was taken. 2 (Minutes-Board of Commissioners-June 5, 2012) ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 20 was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2012 – 15 (Second Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2012 Title and summary of Ordinance No. BG2012 - 15 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: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Ordinance No. BG2012 - 15 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2012 – 88 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF BILL PRICE TO THE CITY-COUNTY BOARD OF ADJUSTMENTS Summary of Municipal Order No. 2012 - 88 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 Wilkerson explained that the next several items (Municipal Order Nos. 2012 – 88 through 2012 – 91 and Ordinance No. BG2012 - 17) were a series of board appointments/reappointments. He thanked everyone that served on a board and was now stepping down, and he expressed appreciation to all who have agreed to continue their service or start serving for the first time. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 88 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 89 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF SANDRA BUTLER MCALLISTER AND APPOINTMENT OF LEWIS BURKE, JR. TO THE HISTORIC PRESERVATION BOARD Summary of Municipal Order No. 2012 - 89 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. 3 (Minutes-Board of Commissioners-June 5, 2012) ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 89 was approved by unanimous vote. ORDINANCE NO. BG2012 – 17 (First Reading) ORDINANCE APPROVING APPOINTMENT TO CITY BOARD ORDINANCE APPROVING THE APPOINTMENT OF STEVE SNODGRASS TO THE BOWLING GREEN MUNICIPAL UTILITIES BOARD Title and summary of Ordinance No. BG2012 - 17 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: Nash, Waltrip, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 17 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 90 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF JACK A. THOMAS AND APPOINTMENT OF DELANE SIMPSON TO THE CITY OF BOWLING GREEN CODE ENFORCEMENT BOARD Summary of Municipal Order No. 2012 - 90 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 Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 90 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 91 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF GREG O. SEATON TO THE HOUSING AUTHORITY OF BOWLING GREEN Summary of Municipal Order No. 2012 - 91 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: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 91 was approved by unanimous vote. 4 (Minutes-Board of Commissioners-June 5, 2012) MUNICIPAL ORDER NO. 2012 – 92 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF F. ALBERT BAILEY TO THE POSITION OF FIREFIGHTER/EMT IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2012 - 92 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 confirmed that Mr. Bailey had retired last fall, but reapplied to return to the department. He recommended the appointment and outlined the benefits with being able to hire someone who was already trained and ready to go directly on shift. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 92 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 93 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2012-28 FOR POLICE DEPARTMENT AMMUNITION FROM CRAIG’S FIREARM SUPPLY, INC. OF KNOXVILLE, TENNESSEE, KIESLER POLICE SUPPLY, INC. OF JEFFERSONVILLE, INDIANA AND VANCE OUTDOORS, INC. OF COLUMBUS, OHIO IN AN AMOUNT NOT TO EXCEED $26,187.40 Summary of Municipal Order No. 2012 - 93 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 reviewed the purchase and recommended the bid award to lock in prices for a year. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 93 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 94 MUNICIPAL ORDER APPROVING THE PURCHASE OF MITSUBISHI HVAC UNITS TOTALING 8 TONS AND AUTHORIZING NONCOMPETITIVE NEGOTIATIONS FOR INSTALLATION FROM ROLLIN MECHANICAL FOR THE POLICE DEPARTMENT DISPATCH 911 COMMUNICATIONS CENTER AREA Summary of Municipal Order No. 2012 - 94 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. Because of the difficulty with keeping the temperature reasonable in the Communications area during the hotter months of the year, Mr. DeFebbo reviewed the recommendation to supplement the existing 5 (Minutes-Board of Commissioners-June 5, 2012) HVAC equipment. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 94 was approved by unanimous vote. ORDINANCE NO. BG2012 – 18 (First Reading) ORDINANCE RENAMING STREET ORDINANCE APPROVING THE RENAMING OF A PORTION OF 14TH AVENUE EAST TO ALUMNI AVENUE Title and summary of Ordinance No. BG2012 - 18 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for first reading of said Ordinance. With the development in Block 12 of the TIF, DeFebbo summarized the request from Western Kentucky University to rename a portion of 14th Avenue. Comm. Nash clarified that this was for the portion of 14th Avenue that bordered the campus between College Street and Adams Street. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 18 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 95 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF PENN DRIVE IN NASHVILLE ROAD CENTER SUBDIVISION Summary of Municipal Order No. 2012 - 95 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 pursuant to established protocol, street maintenance was recommended for acceptance following a satisfactory inspection. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 95 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 96 MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A REVISED MEMORANDUM OF AGREEMENT WITH THE KENTUCKY DIVISION OF WASTE MANAGEMENT RELATED TO THE BUTLER COUNTY LANDFILL IMPROVEMENTS Summary of Municipal Order No. 2012 - 96 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. 6 (Minutes-Board of Commissioners-June 5, 2012) DeFebbo reviewed the opportunity to maximize the use of other people’s money to manage the leachate problems at the landfill and recommended approval of the revised agreement. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 96 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 97 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FEDERAL VICTIMS OF CRIME ACT (VOCA) GRANT FUNDS THROUGH THE COMMONWEALTH OF KENTUCKY JUSTICE CABINET FOR THE PARTIAL FUNDING OF A VICTIM ADVOCATE POSITION FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $38,426 Summary of Municipal Order No. 2012 - 97 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 commented that this was the City’s 20th year to participate in this program and recommended approval to apply for the grant funding. Victim Advocate April Fulcher provided a brief overview of the program, services and support that she provides for families in crisis. She also thanked the Board for its continued support. Comm. Nash commented about working with Ms. Fulcher in the past as part of his day job. He affirmed that she was the right person for this job and complimented her for having the ability to build the relationships that made a difference in people’s lives. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 97 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 98 MUNICIPAL ORDER APPROVING A STATEWIDE EMERGENCY MANAGEMENT MUTUAL AID AND ASSISTANCE AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY Summary of Municipal Order No. 2012 - 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. DeFebbo recommended approval of the Mutual Aid Agreement and noted the importance for all agencies to work together during a time of emergency. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 98 was approved by unanimous vote. ORDINANCE NO. BG2012 – 19 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES 7 (Minutes-Board of Commissioners-June 5, 2012) ORDINANCE AMENDING CHAPTER 6 (BUILDING REGULATIONS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE THE COMPOSITION OF THE BUILDING CODE BOARD OF APPEAL Title and summary of Ordinance No. BG2012 - 19 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for first reading of said Ordinance. Mayor Wilkerson explained that the recommended revisions continued an effort by the Board of Commissioners to reduce the number of boards and commissions where possible. Since this particular board was required by state statute, although did not meet frequently, he indicated that City Attorney Gene Harmon had found a way to combine it with the membership on the Contractors Licensing Board. Mayor Wilkerson thanked the outgoing membership of the Building Code Board of Appeal for their time and service. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 19 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 99 MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANT DEED FROM THE CITY OF BOWLING GREEN TO GENERAL MOTORS LLC (GM) AND TO EXECUTE OTHER VARIOUS CLOSING DOCUMENTS Summary of Municipal Order No. 2012 - 99 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. City Attorney Gene Harmon reviewed the change in the type of deed requested by GM for conveyance of the property, which was different from the previously approved quitclaim deed in Municipal Order No. 2012 – 76 and required consideration of this item. He also reviewed the various documents to be executed and the return of the property to GM. Mayor Wilkerson announced that an event would be held on June 12th at the GM plant to present a check to the City. Once discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 99 was approved by unanimous vote. ORDINANCE NO. BG2012 – 16 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 6.09 ACRES FROM AG (AGRICULTURE) AND HB (HIGHWAY BUSINESS) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT 1791 OLD LOUISVILLE ROAD, PRESENTLY OWNED BY FARMERS INVESTMENT COMPANY, LLC WITH 8 (Minutes-Board of Commissioners-June 5, 2012) WABUCK DEVELOPMENT COMPANY, LLC AS CONTRACT VENDEE Title and summary of Ordinance No. BG2012 - 16 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for first reading of said Ordinance. With this being the first reading of the ordinance, Mayor Wilkerson noted that there were several people in attendance who had an interest with this item. He provided an overview of the three options that the Board could take when considering this ordinance, which included approving the Planning Commission’s recommendation, holding a new public hearing, or hearing arguments based on the Planning Commission’s record. He noted that the Board would proceed with the third option of hearing arguments; however, no new testimony could be heard. At the request of the Mayor, City-County Planning Commission Director Steve Hunter reviewed the process undertaken by the Planning Commission staff to review the various policies that related to this case and the identification of which policies were in compliance or not in compliance. He detailed that of the total number of policies (22), there were 21 found to be in compliance, with four of which a judgment call, and one policy found to be out of compliance. With a vote of 7 yeas and 4 nays, Mr. Hunter confirmed that the recommendation was approved with opposition. Mayor Wilkerson explained that the opposition to the ordinance would be permitted to speak first. He asked that each speaker summarize their comments and then state their objections based on the existing record. Attorney Chris Davenport, representing several businesses (most notably, the Barren River Area Safe Space (BRASS)) and residents in the area opposing the rezoning, identified that the root of their opposition was related to the number of policies they considered to be non-compliant, including the incompatibility with the neighborhood of a 100-bed court ordered rehabilitation facility proposed to be development. City Attorney Gene Harmon cautioned everyone to refrain from commenting about the particular use of the facility or the type of individuals that might use the facility to avoid any concerns with violating the rights of any protected classes. He advised that the issue should be based on the general use of the property. Mr. Davenport agreed and admitted that not all users of the facility might be court referrals. He specifically listed Comprehensive Plan Policies LU-4A-4, LU-4A-8, and LU-4A-9 dealing with the compatibility of the development with the neighborhood as being considered in their view as non- compliant. Although he acknowledged that this was not how the Board of Commissioners was proceeding, Mr. Davenport requested a de novo hearing of the Board regarding this rezoning. Mayor Wilkerson asked the other members of the Board if they wished to consider a new hearing and there was no interest expressed. In that regard, Mr. Davenport continued with his objections to the rezoning and claimed there was inadequate notice given to the adjacent property owners about the hearing to be held by the Planning Commission and that the neighbors were not given due process as required by LU-1A-2. He asserted that the Planning Commission staff report provided the grounds to deny the application and he requested that the Board deny the rezoning. 9 (Minutes-Board of Commissioners-June 5, 2012) In response to some of the points that Mr. Davenport had made during his comments, Mr. Hunter clarified the notice requirements referenced related to the applicant’s responsibility to consult the surrounding property owners prior to submitting the zone change. He explained that it was a policy directive that the applicant speak with neighbors but it was not legally required. He further clarified that all legally required notifications were properly completed by the Planning Commission, including installation of a sign on the property, placing notice of the hearing in the newspaper and sending notice letters to adjacent property owners. There was additional discussion about the policy directive and whether it should be written differently to make it read more clearly; however, Mr. Hunter pointed out that the new Comprehensive Plan which becomes effective in September changes all the policies. Attorney David Vickery, representing the applicant, asserted that his client did comply with all the rules and regulations. He explained that even though the front of the property did not require rezoning for this particular development, they were asked by the Planning Commission to combine the lots and to use the PUD designation which also allowed for high density housing if needed in the future. He further reported that the binding elements addressed all the issues of the Planning Commission and that it was difficult to comply with all the policies, especially when they were vaguely written. Mr. Vickery remarked that they had made attempts to contact all of the property owners adjacent to and surrounding the area and that the main objections came from BRASS. He also stated that he did not see how this development was an incompatible use of the property since much of the area was already a mix of uses. Because the Board was using the existing record of the Planning Commission’s public hearing to make their decision, Mr. Harmon reiterated that only those individuals who spoke at that hearing should be allowed to speak at this time. Mayor Wilkerson opened the floor to anyone who had previously spoken at the public hearing. Barren River Area Safe Space (BRASS) Executive Director Lee Alcott expressed opposition to the rezoning. She described how she found out about the scheduled hearing and that they did not have adequate time to prepare their opposition prior to the hearing taking place. In addition, she expressed concerns that the applicant did not understand BRASS’s position in the matter and the potential impact to their facility. Mayor Wilkerson confirmed that if the Board voted to deny the rezoning, they would need to come up with their own findings of fact, which were different from the Planning Commission’s findings and were based on the existing record. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Waltrip, Hill and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 16 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 8:40 p.m. in closed session pursuant to KRS 61.810 (1) (b) and (c) as previously approved. 10 (Minutes-Board of Commissioners-June 5, 2012) ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:25 p.m., Mayor Wilkerson declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners excluding Commissioner 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 2012/2013 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 ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11