Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held JUNE 18, 2013 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 18, 2013. Mayor Bruce Wilkerson called the meeting to order and gave the invocation. All present recited the Pledge of Allegiance. Assistant City Manager/City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Rick Williams, Commissioner Joe W. Denning and Mayor Bruce Wilkerson. Absent: Commissioner Melinda M. Hill and Commissioner Bill Waltrip. There was a quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Operation P.R.I.D.E. Executive Director Quentin Hughes presented P.R.I.D.E.’s monthly commercial award to Sun Suites Salon and Spa for improvements made to 1044 Chestnut Street. Alicia Hudson, owner, accepted the award and expressed her appreciation. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future sale of real property by the City as publicity would likely affect the value of the specific piece of property to be sold by the City. Motion was made by Denning and seconded by Williams to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (b). Mayor Wilkerson called for roll call vote. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (b) was approved by unanimous vote. Mr. DeFebbo stated that no action was expected to follow the discussion. APPROVAL OF MINUTES Minutes of Regular Meeting June 4, 2013 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Williams and seconded by Denning to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of June 4, 2013 was approved by unanimous vote. PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. *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 18, 2013) REGULAR AGENDA ORDINANCE NO. BG2013 – 13 (Second Reading) ORDINANCE ADOPTING ANNUAL CITY BUDGET ORDINANCE ADOPTING THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014, BY ESTIMATING REVENUES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT Title and summary of Ordinance No. BG2013 - 13 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for second reading of said Ordinance. DeFebbo reiterated that the recommended budget did not contain any tax increase or any decrease in services, and that it gave back to the community through an investment in capital projects. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Ordinance No. BG2013 - 13 was adopted by unanimous vote. ORDINANCE NO. BG2013 – 14 (Second Reading) ORDINANCE RELATING TO CLASSIFICATION/PAY SCHEDULES ORDINANCE AMENDING THE CLASSIFICATION/PAY SCHEDULES “G” FOR GENERAL CLASSIFIED, “S” FOR PROTECTIVE / SWORN, “D” FOR DEPARTMENT HEAD / MANAGEMENT, AND “U” FOR UNCLASSIFIED PART-TIME EMPLOYEES, AND AUTHORIZING PAY INCREASES FOR FISCAL YEAR 2014 Title and summary of Ordinance No. BG2013 - 14 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Ordinance No. BG2013 - 14 was adopted by unanimous vote. ORDINANCE NO. BG2013 – 15 (Second Reading) ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING ARTICLES 4 AND 5 OF THE ZONING ORDINANCE FOR THE CITY OF BOWLING GREEN, KENTUCKY AS RECOMMENDED BY THE CITY-COUNTY PLANNING COMMISSION 2 (Minutes-Board of Commissioners-June 18, 2013) Title and summary of Ordinance No. BG2013 - 15 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Ordinance No. BG2013 - 15 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2013 – 89 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF JARROD A. WILLS TO THE POSITION OF ATHLETICS SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2013 - 89 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for consideration of said Municipal Order. DeFebbo reviewed the vacant position, the application and interview process, and the qualifications of the recommended applicant. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 89 was approved by unanimous vote. BRIEF RECESS With just three members present, Mayor Wilkerson called for a brief recess of the Board of Commissioners while Comm. Denning had to step out of the room. Once Comm. Denning returned and a quorum of the Board was again present, the Mayor resumed the meeting. MUNICIPAL ORDER NO. 2013 – 90 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF KELLY K. FRITZ TO THE POSITION OF BROADCAST SPECIALIST IN THE OFFICE OF CITY MANAGER Summary of Municipal Order No. 2013 - 90 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. DeFebbo explained the recommendation to increase the hours of an already filled part-time position to make it full-time, which would allow for further expansion of in-house programming efforts. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 90 was approved by unanimous vote. 3 (Minutes-Board of Commissioners-June 18, 2013) MUNICIPAL ORDER NO. 2013 – 91 MUNICIPAL ORDER APPROVING THE REAPPOINTMENT OF JULIE HUNTSMAN TO THE BOARD OF PARK COMMISSIONERS Summary of Municipal Order No. 2013 – 91 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. Mayor Wilkerson indicated this would be Ms. Huntsman’s first full term on the Parks Board, since she was previously appointed to fill an unexpired term. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 91 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 92 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2013-05 FOR FIRE RECORDS MANAGEMENT SYSTEM (RMS) FROM ALPINE SOFTWARE CORPORATION OF PITTSFORD, NEW YORK IN THE TOTAL AMOUNT OF $99,410 Summary of Municipal Order No. 2013 - 92 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. DeFebbo indicated the maintenance of fire records was important, particularly as it related to fire inspections and the general operations of the Fire Department. With an archaic software currently in use, Mr. DeFebbo confirmed it was time to address the issue. Fire Chief Greg Johnson agreed it was time to seek a new solution to improve the records management system for the Department. He admitted it was a difficult decision to make especially considering the amount of upfront cost and training involved with implementing and transitioning to a new software program. With the goals of improving efficiency, providing better service and being easier to use, Chief Johnson reported that the Fire Department had been exploring software alternatives to replace the existing Firehouse software for about a year. Fire Investigator Mike Alexander, with the assistance of System Analyst Emilee Woods, gave a short presentation about the importance of a records management system and its ability to track and report data. He also reviewed the request for proposal (RFP) and evaluation process undertaken to determine the best product to meet the needs of the Department, migrate the existing Firehouse data and allow for some customization. In response to questions from Comm. Williams about the ISO (Insurance Services Office) rating and company references, Mr. Alexander confirmed the rating could be improved with the use of the new software, and that everyone they talked to was more than satisfied with the Alpine product. He also explained how they were able to reduce the purchase price by eliminating certain modules that were not needed from the initial bid amount. Mr. DeFebbo pointed out that the purchase would be paid from the Fire Improvement Fund. Once discussion ended, a roll call vote was taken. 4 (Minutes-Board of Commissioners-June 18, 2013) ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 92 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 93 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2013-33 FOR HVAC PREVENTATIVE MAINTENANCE, REPAIRS, EQUIPMENT REPLACEMENT AND OFF-SITE MONITORING CONTRACT FROM STEWART RICHEY SERVICE GROUP OF BOWLING GREEN, KENTUCKY IN THE ANNUAL AMOUNT OF $7,980 FOR A TERM OF FIVE (5) YEARS Summary of Municipal Order No. 2013 - 93 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed the need for preventative maintenance and repair services, and recommended the bid be awarded to the most responsive and responsible bidder. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 93 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 94 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2013-39 FOR SLOAN CONVENTION CENTER VINYL WALL COVERING REPLACEMENT AND WOOD TRIM STAIN AND REPAIR FROM S & J CONSTRUCTION, INC. OF BOWLING GREEN, KENTUCKY IN THE TOTAL AMOUNT OF $44,690 Summary of Municipal Order No. 2013 - 94 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. DeFebbo recommended the bid award to make facility improvements at the Convention Center. He noted that funding would come from revenues generated by the Convention Center and this item was previously approved by The Convention Center Corporation Board of Directors. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 94 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 95 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING NEGOTIATIONS AFTER SEALED BIDDING FOR BID #2013-30 FOR CITY HALL BUILDING SECURITY PROJECT FROM CARTER DOUGLAS COMPANY OF RUSSELLVILLE, KENTUCKY 5 (Minutes-Board of Commissioners-June 18, 2013) IN THE AMOUNT OF $83,500, AND FURTHER AUTHORIZING THE DIRECT PURCHASE OF MATERIALS FOR THIS PROJECT Summary of Municipal Order No. 2013 - 95 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for consideration of said Municipal Order. DeFebbo recounted that Comm. Denning initially brought forth the request to further improve security in the City Hall building and that proposed plans were reviewed at the Board’s January retreat. After having bid the project twice and only receiving one bid, he explained that negotiations were conducted per policy to reduce the project bid amount from $110,000 down to $83,500. Admitting there had not been any specific security threats, Comm. Denning voiced his concerns about the need to enhance security and provide some protection for employees in City Hall. He argued that the historical value of the building should not take the place of employee security or influence the decision to address the issue. He asserted that the City would certainly find the money to make changes if something did actually happen, but that might be too late. After describing the type of restricted access in use at the City of Owensboro’s municipal building, Comm. Denning specified he was not completely pleased with this proposal since it did not provide more protection or be as restrictive as he would have liked. However, he hoped that this was just the first step. He stated that as elected officials they had a responsibility to protect employees and spend whatever was necessary to get it done. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 95 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 96 MUNICIPAL ORDER AUTHORIZING A CONTRACT THROUGH SOLE SOURCE JUSTIFICATION FOR MAINTENANCE SERVICES FOR RADIO AND COMMUNICATION EQUIPMENT WITH MOTOROLA SOLUTIONS, INC. IN THE AMOUNT OF $40,405.68 FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 - 96 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. DeFebbo recommended to continue the maintenance agreement for the existing radio and communication equipment for at least another year to allow time for installation of the new radio system, which would be rolled into a new agreement. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 96 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 97 MUNICIPAL ORDER AUTHORIZING CONTINUATION OF AN AGREEMENT WITH PARK STREET PARTNERS D/B/A URGENTCARE AND CORPCARE TO PROVIDE EMPLOYEE 6 (Minutes-Board of Commissioners-June 18, 2013) MEDICAL SERVICES (PHYSICALS AND MEDICAL TESTING) FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 – 97 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for consideration of said Municipal Order. DeFebbo requested Human Resources Director Michael Grubbs provide an overview of Municipal Order Nos. 2013 – 97, 2013 – 98, 2013 – 99 and 2013 – 102 which all related to employee medical benefits and/or insurance services. Mr. Grubbs outlined each of the four items included on the agenda. With respect to this particular item under consideration, he explained this was the third and final year of the original service agreement which held rates the same for three years as originally approved under Bid #2011- 40. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 97 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 98 MUNICIPAL ORDER AUTHORIZING INSURANCE PREMIUM PAYMENTS TO THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES (KLCIS) FOR INSURANCE COVERAGES OF GENERAL LIABILITY, PUBLIC OFFICIALS ERRORS AND OMISSIONS, BUILDINGS AND PROPERTY, AND BUSINESS AUTOMOBILE FOR THE CONVENTION CENTER CORPORATION (CCC) FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 - 98 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. Human Resources Director Michael Grubbs previously indicated that the City’s insurance agent, Tom Hart, was able to negotiate an 18.8% reduction in premiums for the CCC. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 98 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 99 MUNICIPAL ORDER AUTHORIZING THE CONTINUATION OF AN AGREEMENT WITH HUMANA RELATING TO MANAGED HEALTH CARE AND CLAIMS ADMINISTRATION SERVICES FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 - 99 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. As previously explained, Human Resources Director Michael Grubbs stated that the City had switched its managed health care and claims administration to Humana about seven years ago. He 7 (Minutes-Board of Commissioners-June 18, 2013) noted that administrative fees would increase 4.8% for medical and 4.6% for dental in the coming year, which was only the fourth rate increase during the past seven years. However, he further explained that the higher costs were based on several factors, including an increase in the number of City medical claims from 2011 to 2012, additional work with clinical outreach to manage high cost claimants, and from general cost increases associated with industry pricing, technology and the Health Care Reform Act. There being no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 99 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 100 MUNICIPAL ORDER APPROVING APPROPRIATIONS FOR VARIOUS CITY CREATED / CONTRACT AGENCIES FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 – 100 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for consideration of said Municipal Order. DeFebbo indicated the recommendation for funding specific agencies that do work on the City’s behalf was included in the budget proposal presented at the May 21st work session. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 100 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 101 MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH DOWNTOWN REDEVELOPMENT AUTHORITY, INC. TO LEASE FOUNTAIN SQUARE PARK AND DESIGNATED ADJACENT CITY STREETS AND SIDEWALKS, AND CIRCUS SQUARE PARK FOR CONCERTS IN THE PARK AND OTHER DOWNTOWN REDEVELOPMENT AUTHORITY, INC. EVENTS Summary of Municipal Order No. 2013 - 101 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. At the City Manager’s request, City Attorney Gene Harmon provided a brief overview of the lease agreement, which was normal and typical for use of public properties where alcohol might be involved. He explained that the lease permitted alcohol to be sold in Circus Square Park in a designated and secured area, whereas no alcohol would be permitted at Fountain Square Park. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 101 was approved by unanimous vote. 8 (Minutes-Board of Commissioners-June 18, 2013) MUNICIPAL ORDER NO. 2013 – 102 MUNICIPAL ORDER AUTHORIZING AN AGREEMENT WITH SYMETRA LIFE INSURANCE COMPANY RELATING TO MANAGED HEALTH CARE AND SPECIFIC STOP-LOSS / EXCESS INSURANCE FOR FISCAL YEAR 2014 Summary of Municipal Order No. 2013 - 102 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for consideration of said Municipal Order. Also discussed with Municipal Order No. 2013 – 97, Human Resources Director Michael Grubbs presented the recommendation to continue an agreement with Symetra Life Insurance Company for another year. He indicated that the City’s medical insurance consultant, Sherrill D. Morgan & Associates, went through various negotiations and options to obtain the best proposal for the City. With three high claimants this year influencing the insurance premiums for next year, Mr. Grubbs indicated the option of an 11% increase with no claimants set with a higher stop loss limit was considered to be the best choice. In response to a question from Mayor Wilkerson, Mr. Grubbs confirmed that this change would not affect the insurance premium amounts employees paid at this time, but may need to be looked at further down the road if the medical plan costs continue to increase. There being no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 102 was approved by unanimous vote. ORDINANCE NO. BG2013 – 16 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 8,972 SQUARE FEET FROM NB (NEIGHBORHOOD BUSINESS) TO GB (GENERAL BUSINESS) LOCATED AT 745 OLD MORGANTOWN ROAD, PRESENTLY OWNED BY DOUBLE D RENTALS, INC. C/O DAVID DYMACEK WITH ELIZABETH VALADEZ AND JOSE VALDIVIA AS CONTRACT VENDEES, AND TO BE LEASED TO DOUGLAS LOPEZ Title and summary of Ordinance No. BG2013 - 16 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Williams for first reading of said Ordinance. Mayor Wilkerson pointed out the Board had the opportunity to review the packet of materials prior to the meeting and asked if there were any questions or discussion. With none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None First reading of Ordinance No. BG2013 - 16 was approved by unanimous vote. 9 (Minutes-Board of Commissioners-June 18, 2013) ORDINANCE NO. BG2013 – 17 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 3.38 ACRES FROM AG (AGRICULTURE) AND HI (HEAVY INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) LOCATED AT 1347 KENTUCKY HIGHWAY 185, PRESENTLY OWNED BY DAVID B. GARVIN Title and summary of Ordinance No. BG2013 - 17 was read by the Assistant City Manager/City Clerk. Motion was made by Williams and seconded by Denning for first reading of said Ordinance. Mayor Wilkerson thanked Mr. Garvin for investing in the community. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning and Wilkerson Voting Nay: None First reading of Ordinance No. BG2013 - 17 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 7:50 p.m. in closed session pursuant to KRS 61.810 (1) (b) as previously approved. Mayor Wilkerson confirmed that no official action would follow the discussion. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 8:10 p.m., Mayor Wilkerson declared this meeting adjourned. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 10