Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held OCTOBER 2, 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 October 2, 2012. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Bobby Marrow of Living Hope Baptist Church, 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 and Mayor Bruce Wilkerson. Absent: Commissioner Brian “Slim” Nash. There was a quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Wilkerson announced the retirements of Police Sergeant Curtis Clark, Fire Company Commander Michael Price and Fire Apparatus Operator Ellis Carver which were effective October 1, 2012. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. APPROVAL OF MINUTES Minutes of Regular Meeting September 18, 2012 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Denning and seconded by Hill 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 and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of September 18, 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 – 34 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 4.07 ACRES FROM HI (HEAVY INDUSTRIAL) AND HB (HIGHWAY *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-October 2, 2012) BUSINESS) TO HI (HEAVY INDUSTRIAL) LOCATED ON SCOTTY’S WAY, PRESENTLY OWNED BY SCOTTY’S DEVELOPMENT, LLC Title and summary of Ordinance No. BG2012 - 34 was read by the Assistant City Manager/City Clerk. Motion was made by Hill 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 and Wilkerson Voting Nay: None Ordinance No. BG2012 - 34 was adopted by unanimous vote. ORDINANCE NO. BG2012 – 35 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TRACTS OF LAND CONTAINING 6.3153 ACRES FROM PUD (PLANNED UNIT DEVELOPMENT) AND GB (GENERAL BUSINESS) TO RM-4 (MULTI-FAMILY RESIDENTIAL) AND RS-1B (SINGLE FAMILY RESIDENTIAL) LOCATED AT 306 MIDDLE BRIDGE STUB ROAD, PRESENTLY OWNED BY GVV DEVELOPMENT, LLC Title and summary of Ordinance No. BG2012 - 35 was read by the Assistant City Manager/City Clerk. Motion was made by Denning 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 and Wilkerson Voting Nay: None Ordinance No. BG2012 - 35 was adopted by unanimous vote. ORDINANCE NO. BG2012 – 36 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.141 ACRE FROM RM-2 (MULTI-FAMILY RESIDENTIAL) TO RS- 1D (SINGLE FAMILY RESIDENTIAL) LOCATED AT 1710 GLENDALE DRIVE, PRESENTLY OWNED BY PAULA AND THOMAS MEEK Title and summary of Ordinance No. BG2012 - 36 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: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Ordinance No. BG2012 - 36 was adopted by unanimous vote. 2 (Minutes-Board of Commissioners-October 2, 2012) ORDINANCE NO. BG2012 – 37 (Second Reading) ORDINANCE RELATING TO PROPERTY TAX RATES ORDINANCE SETTING 2012 PROPERTY TAX RATES, FRANCHISE TAX RATES AND IMPROVEMENT ASSESSMENT RATES, AND SETTING FORTH GUIDELINES FOR PAYMENT, PENALTY AND INTEREST Title and summary of Ordinance No. BG2012 - 37 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for second reading of said Ordinance. DeFebbo commented that he was proud the City had not raised property taxes in the past nine years. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Ordinance No. BG2012 - 37 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2012 – 178 MUNICIPAL ORDER APPROVING THE CAREER PATH ADVANCEMENT OF KEVIN E. MEREDITH TO THE POSITION OF OPERATIONS TECHNICIAN III IN THE PUBLIC WORKS DEPARTMENT Summary of Municipal Order No. 2012 - 178 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 indicated this promotion stemmed from another promotion recently approved by the Board. Public Works Director Jeff Lashlee reviewed the qualifications of the individual recommended for promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 178 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 179 MUNICIPAL ORDER APPROVING THE PROMOTIONS OF MARK A. PAGE TO THE POSITION OF COMPANY COMMANDER/EMT, AND DANIEL R. ASHLEY AND RONALD C. RENNER TO THE POSITION OF FIRE APPARATUS OPERATOR/EMT IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2012 - 179 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. Fire Chief Greg Johnson reviewed the qualifications of each individual and recommended the promotions. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. 3 (Minutes-Board of Commissioners-October 2, 2012) ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 179 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 180 MUNICIPAL ORDER APPROVING AND AUTHORIZING OUT-OF- TOWN TRAVEL EXPENSES FOR CITY MANAGER KEVIN D. DEFEBBO TO ATTEND THE NATIONAL GOLF FOUNDATION MUNICIPAL GOLF INSTITUTE IN WHEELING, WEST VIRGINIA Summary of Municipal Order No. 2012 - 180 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip 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 and Wilkerson Voting Nay: None Municipal Order No. 2012 - 180 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 181 MUNICIPAL ORDER APPROVING EXECUTION OF CLOSING DOCUMENTS RELATED TO THE FREQUENCY RECONFIGURATION AGREEMENT WITH NEXTEL WEST CORPORATION RELATED TO THE REBANDING OF THE CITY OF BOWLING GREEN’S 800 MHZ SYSTEM FREQUENCIES Summary of Municipal Order No. 2012 - 181 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 explained that this item dated back to 2004 when the Federal Communications Commission (FCC) entered into an agreement with Sprint/Nextel related to issues of frequency interference. He noted that the rebanding of the City’s system was complete and the agreement with the City could be closed out. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 181 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 182 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 (FAA) RELATED TO FUEL FARM IMPROVEMENTS, TAXIWAY REHABILITATION AND A MISCELLANEOUS PLANNING STUDY 4 (Minutes-Board of Commissioners-October 2, 2012) Summary of Municipal Order No. 2012 - 182 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 indicated that the Airport Board received nearly $305,000 from the FAA to assist with the cost of three projects and the City was required to provide a 2.5% match in the amount of $7,619.06. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 182 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 183 MUNICIPAL ORDER APPROVING CITY OF BOWLING GREEN ECONOMIC DEVELOPMENT ANNEXATION INCENTIVE POLICY Summary of Municipal Order No. 2012 - 183 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 for some time the Board and staff had been studying an annexation policy that would allow for growth of the City’s boundaries in targeted areas for future development and expansion of the tax base. He commented that the draft annexation policy was discussed at the last work session and included incentives for property owners. DeFebbo also explained that a benchmark was established for which staff would only bring a non-consensual annexation forward for further consideration by the Board of Commissioners if at least 66% of the property owners involved were in agreement. Following further discussion to clarify the threshold of 66% and the ability of the Board to vote for or against any proposed annexation, Comm. Waltrip indicated that he liked the incentive package being offered. DeFebbo reviewed the need for continued growth of the City to remain viable. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Waltrip, Denning, Hill and Wilkerson Voting Nay: None Municipal Order No. 2012 - 183 was approved by unanimous vote. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 7:25 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 Brian “Slim” Nash and Commissioner Bill Waltrip, convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subjects: 1) a presentation related to the “50 Over 50” Citizen’s Academy sponsored by AARP; 2) a status report of Fiscal Year 2012 Stormwater Mitigation and Sidewalk Program projects and proposed projects for Fiscal Year 2013; and 3) a planned Bowling Green Marathon to be held November 4th to benefit Muscular Sclerosis. Commissioner Bill Waltrip arrived late during the discussion of the Sidewalk Program. 5 (Minutes-Board of Commissioners-October 2, 2012) ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 6