Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held NOVEMBER 18, 2014 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 November 18, 2014. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Pastor Adam Shourds of Broadway United Methodist 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 Rick Williams, Commissioner Joe W. Denning, Commissioner Melinda M. Hill, Commissioner Bill Waltrip and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Wilkerson recognized the Bowling Green High School Boys Soccer Team with Coach Craig Widener for winning the 2014 State Championship. He proclaimed 2014 as “The Season of Bowling Green Purples Soccer” to acknowledge this outstanding accomplishment in the area of high school athletics, and encouraged everyone to congratulate all the members of the team and coaching staff. Mayor Wilkerson announced the retirement of Office Associate/Building Inspections Support Specialist Kay Hayes with a total of 35 years of service with the City. He also congratulated Bowling Green Area Chamber of Commerce President and CEO Ron Bunch for being named the 2014 James J. Coleman Community Economic Development Professional of the Year by the Kentucky Association for Economic Development (KAED). In addition, Mayor Wilkerson said the City’s Annual Report Calendar was now available and free to the public. Operation P.R.I.D.E. Executive Director Angie Alexieff presented P.R.I.D.E.’s November residential award to Jamie and Jenna Aikins for improvements made to their home located at 186 Chambers Drive. She also presented P.R.I.D.E.’s commercial award to Lost River Cave. Friends of Lost River Executive Director Rho Landsden accepted the award and provided an overview of the various improvements made. She also thanked the City for all its support. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the sale of real property as publicity would likely affect the value of the specific piece of property to be sold by the City, and for discussion between the City and a representative of a business entity and discussions concerning a specific proposal, as open discussions would jeopardize the retention, expansion or upgrading of the business. Motion was made by Waltrip and seconded by Hill to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (b) and (g). Mayor Wilkerson called for roll call vote. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: 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-November 18, 2014) Motion to convene in closed session pursuant to KRS 61.810 (1) (b) and (g) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting October 21, 2014 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 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, Hill, Waltrip and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of October 21, 2014 was approved by unanimous vote. PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. CHANGE ORDER OF AGENDA Without objection Mayor Wilkerson changed the order of the agenda to consider item 21 (Municipal Order No. 2014 – 227) at this time, which was at the request of former Commissioner Mark Alcott (attorney representing Bowling Green District United Methodist Church and The Foundry Christian Community Center, Inc.). MUNICIPAL ORDER NO. 2014 – 227 MUNICIPAL ORDER APPROVING AGREEMENT TO CONSTRUCT AND USE PROPERTY FOR RECREATIONAL PURPOSES AMONG THE CITY OF BOWLING GREEN, BOWLING GREEN DISTRICT UNITED METHODIST CHURCH AND THE FOUNDRY CHRISTIAN COMMUNITY CENTER, INC. RELATED TO THE CONSTRUCTION OF A SOCCER FIELD / RECREATIONAL FIELD ON PROPERTY LOCATED AT 531 W. 11TH AVENUE Summary of Municipal Order No. 2014 - 227 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 the City had been looking at developing a soccer field on the west end of town for over a year. He recapped that staff was given the directive to vet an agreement for use of The Foundry property at the Board’s September retreat. Parks and Recreation Director Brent Belcher outlined the proposed partnership with The Foundry to include the construction of a tournament play soccer field by the City on the leased property and for it to be used as a City park. He also noted The Foundry would contribute $15,000 toward the project and provide access to bathrooms in its facility during park operating hours. 2 (Minutes-Board of Commissioners-November 18, 2014) Mayor Wilkerson stated he did not want his “no” vote to be misinterpreted. He thinks the agreement should wait until after the Parks Master Plan study is complete this coming spring before making any decisions on the project. Commissioner Waltrip thanked staff and others for their work on getting this project moving and for developing a great partnership. He stated the soccer field would be a tremendous asset to the neighborhood and would improve the quality of life for a number of people. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill and Waltrip Voting Nay: Wilkerson Municipal Order No. 2014 - 227 was approved by majority vote. RESUME REGULAR AGENDA ORDINANCE NO. BG2014 – 28 (Second Reading) ORDINANCE RELATING TO CLASSIFICATION/PAY SCHEDULE ORDINANCE AMENDING THE CLASSIFICATION/PAY SCHEDULE “G” FOR GENERAL CLASSIFIED EMPLOYEES OF THE CITY OF BOWLING GREEN FOR FISCAL YEAR 2015 Title and summary of Ordinance No. BG2014 - 28 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for second reading of said Ordinance. DeFebbo reiterated this action moved the Grants Coordinator position to a more appropriate pay grade consistent with the qualifications for the position. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2014 - 28 was adopted by unanimous vote. ORDINANCE NO. BG2014 – 29 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 23 (WATER AND SEWER) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES RELATED TO LIMITATIONS ON WASTEWATER DISCHARGES AS PROPOSED BY BOWLING GREEN MUNICIPAL UTILITIES (BGMU) Title and summary of Ordinance No. BG2014 - 29 was read by the Assistant City Manager/City Clerk. Motion was made by Hill 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, Hill, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2014 - 29 was adopted by unanimous vote. 3 (Minutes-Board of Commissioners-November 18, 2014) ORDINANCE NO. BG2014 – 30 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 6 (BUILDING REGULATIONS), SUBCHAPTER 6-4 (FEES) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REVISE BUILDING PLAN REVIEW FEES FOR THE REVIEW OF MULTIPLE IDENTICAL BUILDINGS Title and summary of Ordinance No. BG2014 - 30 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip 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, Hill, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2014 - 30 was adopted by unanimous vote. ORDINANCE NO. BG2014 – 31 (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 2015 Title and summary of Ordinance No. BG2014 - 31 was read by the Assistant City Manager/City Clerk. Motion was made by Hill 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, Hill, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2014 - 31 was adopted by unanimous vote. ORDINANCE NO. BG2014 – 32 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), SUBCHAPTER 2-2 (BOARD OF COMMISSIONERS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO MAKE CHANGES RELATED TO REVISIONS IN KENTUCKY LAW AND ADD LANGUAGE FOR ELECTIONS OF THE BOARD OF COMMISSIONERS Title and summary of Ordinance No. BG2014 - 32 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for second reading of said Ordinance. Mayor Wilkerson stated this ordinance eliminated the requirement for primary elections 4 (Minutes-Board of Commissioners-November 18, 2014) for City offices only. Commissioner Denning confirmed this would be in effect for the next election cycle with a filing deadline in 2016. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Ordinance No. BG2014 - 32 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2014 – 216 MUNICIPAL ORDER APPROVING THE PROMOTION OF SEAN A. WEEKS TO THE POSITION OF CHIEF ACCOUNTANT IN THE FINANCE DEPARTMENT Summary of Municipal Order No. 2014 - 216 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 indicated a recent resignation provided a vacancy. Chief Financial Officer Jeff Meisel reviewed the qualifications for the position and recommended the promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 216 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 217 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF NICHOLAS P. COOK TO THE POSITION OF GRANTS COORDINATOR IN THE NEIGHBORHOOD AND COMMUNITY SERVICES (NCS) DEPARTMENT Summary of Municipal Order No. 2014 - 217 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. DeFebbo commented that this position was reinstated in the FY2015 budget and held special certification requirements. He reviewed and recommended the qualified applicant for appointment. He also pointed out that this position would serve as the grants person for the whole City and not just for the NCS Department. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 217 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 218 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF MEGHAN R. CARROLL TO THE POSITION OF OFFICE ASSOCIATE IN THE PARKS AND RECREATION DEPARTMENT 5 (Minutes-Board of Commissioners-November 18, 2014) Summary of Municipal Order No. 2014 - 218 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 explained a new position was created in the FY2015 budget to assist Parks Maintenance with administrative work. He reported that an internal transfer was made to move an Office Associate in Parks Administration to the new position which then left an opening in Parks Administration to be filled. He reviewed the application and testing process undertaken and recommended the qualified candidate for appointment. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 218 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 219 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF RODDY GRIMES AND JIM ED HOLLAND TO THE CONTRACTORS LICENSING BOARD Summary of Municipal Order No. 2014 - 219 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. Mayor Wilkerson recommended the two reappointments, which also require approval by Warren County Fiscal Court. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 219 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 220 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2015-11 FOR FINAL DESIGN SERVICES FOR SMALLHOUSE ROAD CORRIDOR IMPROVEMENTS FROM ARNOLD CONSULTING ENGINEERING SERVICES, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $68,555 Summary of Municipal Order No. 2014 - 220 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. As one of the City’s most critical road projects, DeFebbo described the intricacies of the complex Smallhouse Road widening project which was focusing on the intersections and stretch of roadway between Campbell Lane Road and Highland Way. He reviewed and recommended the bid be awarded to the most qualified bidder. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 220 was approved by unanimous vote. 6 (Minutes-Board of Commissioners-November 18, 2014) MUNICIPAL ORDER NO. 2014 – 221 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2014-19 FOR SMALLHOUSE ROAD AND RIDGECREST WAY DRAINAGE IMPROVEMENTS FROM SCOTT & RITTER, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $700,511.75 Summary of Municipal Order No. 2014 - 221 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. As a top priority stormwater project, DeFebbo reviewed and recommended the bid award. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 221 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 222 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2015-18 FOR THE PURCHASE OF VEHICLES FOR THE PUBLIC WORKS, NEIGHBORHOOD AND COMMUNITY SERVICES AND PARKS AND RECREATION DEPARTMENTS FROM VARIOUS VENDORS IN THE TOTAL AMOUNT OF $256,114.56 Summary of Municipal Order No. 2014 - 222 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. Since the City delayed the replacement of vehicles during the economic downturn a few years ago, DeFebbo reported there were some vehicles that now needed to be replaced. He reviewed and recommended the bid be awarded to three local vendors and one from out of state. In reference to remarks included in a past letter to the editor in the local newspaper, Commissioner Denning refuted that the City was giving jobs away by not purchasing locally. In fact, he reiterated three out of the four vendors recommended to receive this bid were local. Commissioner Denning also commented he was glad to see local bidders taking an interest and getting involved. Commissioner Williams stated he was happy to see the City receiving better participation by local bidders and that the changes made in the purchasing process to encourage more bidders has really helped. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Waltrip and Wilkerson Voting Nay: None Abstaining: Williams Municipal Order No. 2014 - 222 was approved by majority vote. Commissioner Williams abstained since he was employed by one of the local vendors awarded a portion of the bid. MUNICIPAL ORDER NO. 2014 – 223 MUNICIPAL ORDER AUTHORIZING CHANGE ORDER NO. 6 TO THE CONTRACT WITH AMEC ENVIRONMENT AND INFRASTRUCTURE, INC. OF NASHVILLE, TENNESSEE FOR 7 (Minutes-Board of Commissioners-November 18, 2014) FINAL DESIGN SERVICES FOR BUTLER COUNTY LANDFILL IMPROVEMENTS (BID #2012-20) IN THE AMOUNT OF $4,300 Summary of Municipal Order No. 2014 - 223 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 explained the need for the additional change order which was at the request of the Kentucky Division of Waste Management. He also reported the City received notice from the State that it would provide $2.8 million toward this project and the City only had to payout around $90,000. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 223 was approved by unanimous vote. ORDINANCE NO. BG2014 – 33 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.25 ACRE FROM LI (LIGHT INDUSTRIAL) TO NB (NEIGHBORHOOD BUSINESS) LOCATED AT 1149 ADAMS STREET, PRESENTLY OWNED BY GREG AND LEANN POWELL Title and summary of Ordinance No. BG2014 - 33 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter confirmed this property was formerly a trailer park. He also noted the proposed use was for storage buildings. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2014 - 33 was approved by unanimous vote. ORDINANCE NO. BG2014 – 34 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TRACTS OF LAND CONTAINING 5.01 ACRES FROM MHP (MOBILE HOME PARK) AND HB (HIGHWAY BUSINESS) TO HB (HIGHWAY BUSINESS) LOCATED IN THE 2800 BLOCK OF NASHVILLE ROAD, PRESENTLY OWNED BY BENMARK PROPERTIES, INC., WITH M.A. WILLIAMS PROPERTIES, INC. AS CONTRACT VENDEE Title and summary of Ordinance No. BG2014 - 34 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for first reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. 8 (Minutes-Board of Commissioners-November 18, 2014) ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2014 - 34 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 224 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF A LETTER OF INTEREST TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF SUSTAINABLE COMMUNITIES, FOR BIKESHARING PLANNING ASSISTANCE FOR THE GREENWAYS COMMISSION Summary of Municipal Order No. 2014 - 224 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 request by the Greenways Commission. Greenways & Historic Preservation Coordinator Miranda Clements provided an overview of the program and technical assistance that may be offered at no cost to the City. If selected, she asked the Board of Commissioners and local government staff to attend any workshop that may be offered through the program. Ms. Clements also responded to questions about a possible bike-share program. Commissioner Waltrip commented there was a tremendous problem with adequate types of public transportation and he would be interested to see how a bike-share program might help address some of those issues. Commissioner Hill reaffirmed that tonight’s action was just to approve the application to request planning assistance. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 224 was approved by unanimous vote. ORDINANCE NO. BG2014 – 35 (First Reading) ORDINANCE ANNEXING PROPERTY BY CONSENT ORDINANCE ANNEXING 3.33 ACRES OF PROPERTY LOCATED AT 1150 MORGANTOWN ROAD PRESENTLY OWNED BY JAMES AND GAIL MANNING AND PAUL AND WENONAH MANNING, AND 3.75 ACRES OF MORGANTOWN ROAD (U.S. HWY 231) RIGHT-OF-WAY, FOR A TOTAL OF 7.08 ACRES WITH SAID TERRITORY BEING CONTIGUOUS TO EXISTING CITY LIMITS Title and summary of Ordinance No. BG2014 - 35 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for first reading of said Ordinance. DeFebbo indicated the City is always interested in increasing its size if it makes sense to do so. City Attorney Gene Harmon described the location and reviewed the request for annexation and the need to include a portion of right-of-way. Mayor Wilkerson restated this annexation was by consent of the property owners. With no other discussion, a roll call vote was taken. 9 (Minutes-Board of Commissioners-November 18, 2014) ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2014 - 35 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 225 MUNICIPAL ORDER ACCEPTING DONATIONS AND PLEDGE OF SUPPORT FROM INDEPENDENCE BANK FOR THE CONSTRUCTION, MAINTENANCE AND USE OF THE CITY OF BOWLING GREEN WEST END PARK Summary of Municipal Order No. 2014 - 225 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. DeFebbo reviewed the plan for construction of a new park and the donation of $11,000 offered by the bank, in addition to offering to fundraise for more donations. Independence Bank President Brad Howard expressed appreciation for the ability to partner with the City on this project which fit with its mission to better the community. He also mentioned that several of the bank’s customers have already committed to helping out. Commissioner Waltrip commented this was another terrific partnership that would mean a lot to the residents in the neighborhood. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 225 was approved by unanimous vote. ORDINANCE NO. BG2014 – 36 (First Reading) ORDINANCE RELATING TO CABLE TELEVISION FRANCHISE AN ORDINANCE OF THE CITY OF BOWLING GREEN SECTION OF THE BOWLING GREEN-WARREN COUNTY CABLE FRANCHISE AUTHORITY APPROVING EXTENSION OF NON- EXCLUSIVE CABLE FRANCHISE AGREEMENT WITH INSIGHT KENTUCKY PARTNERS II, L.P. Title and summary of Ordinance No. BG2014 - 36 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for first reading of said Ordinance. City Attorney Gene Harmon gave a brief history of the existing non-exclusive franchise and the recent transfers of control. He reported that by state law, a franchise could not go beyond 20 years and this one was in its eighteenth year. Mr. Harmon also mentioned a recent ruling by the Kentucky Court of Appeals which indicated local governments should be allowed to have a franchise fee and if that case is upheld, a 3% fee would be imposed. With no basis to deny the extension, he recommended the existing agreement be approved for two more years. Commissioner Williams remarked about problems other cities were experiencing which were currently operating on expired franchise agreements. He also reiterated this was a non-exclusive franchise and any other company willing to make the investment could offer cable services in the city. Once the discussion ended, a roll call vote was taken. 10 (Minutes-Board of Commissioners-November 18, 2014) ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2014 – 36 was approved by unanimous vote. MUNICIPAL ORDER NO. 2014 – 226 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO SUBMIT A REQUEST TO THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY TO DESIGNATE THE CITY OF BOWLING GREEN, TOGETHER WITH THE COUNTIES OF WARREN, ALLEN, SIMPSON AND LOGAN, A WORKFORCE AREA PURSUANT TO SECTION 106 OF THE WORKFORCE INNOVATION AND OPPORTUNITIES ACT, EFFECTIVE AS OF JULY 1, 2015; AUTHORIZING, APPROVING AND DIRECTING THE INCORPORATION OF A NONPROFIT, NON-STOCK KENTUCKY PUBLIC CORPORATION, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986; AUTHORIZING THE MAYOR TO NOTIFY THE CHAIRPERSON OF THE BARREN RIVER WORKFORCE INVESTMENT BOARD THAT THE CITY DOES NOT DESIRE TO CONTINUE AS A PARTY TO THE CURRENT WORKFORCE AREA, AS DESIGNATED UNDER THE WORKFORCE INVESTMENT ACT, EFFECTIVE AS OF JUNE 30, 2015; AND STATING THE CITY’S INTENT TO ENTER INTO AN AGREEMENT WITH THE COUNTIES OF WARREN, ALLEN, SIMPSON AND LOGAN Summary of Municipal Order No. 2014 - 226 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. As sponsor of this item, Mayor Wilkerson asked Bowling Green Area Chamber of Commerce COO/CFO Meredith Robinson to outline the proposal to create a separate workforce area since it was felt the current workforce area had some issues which were not being addressed, such as spending more money on overhead and less on programming. Ms. Robinson explained local industries were having a hard time filling skilled labor positions even though there are plenty of people available for employment, just not at the needed skill level. She indicated a new workforce area provided an opportunity to identify gaps in the skilled workforce and provide training programs to help meet the demand. Ms. Robinson responded to several questions about the current workforce area and benefits of separating. Commissioner Waltrip remarked it was hard to break away, but if something was not working then we need to try something else. Mayor Wilkerson commented about the recent article in the newspaper and misconceptions about creating a new workforce area. He indicated there was a significant portion of under spending in the allocation to the current workforce area and that it was not being used to help correct the system. He asserted he was here to take care of the people of Bowling Green and Warren County and that he was pleased to join with the other four identified counties, which together with Bowling Green hold 60% of the population, 70% of the businesses and 74% of the jobs in the ten county region of the Barren River Area Development District (BRADD). Following the discussion, a roll call vote was taken. 11 (Minutes-Board of Commissioners-November 18, 2014) ROLL CALL: Voting Yea: Williams, Denning, Hill, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2014 - 226 was approved by unanimous vote. Municipal Order No. 2014 – 227 was previously approved at the beginning of the agenda. KENTUCKY TRANSPARK REPORT Bowling Green Area Chamber of Commerce COO/CFO Meredith Robinson gave a brief presentation of the construction activities taking place in the Kentucky Transpark. BOARD OF COMMISSIONERS COMMENTS Commissioner Waltrip wished everyone a happy Thanksgiving and asked that those less fortunate be remembered during this time of year. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 8:30 p.m. in closed session pursuant to KRS 61.810 (1) (b) and (g) as previously approved. Mayor Wilkerson confirmed no action was expected to 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 9:10 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 12