Board of Commissioners

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held NOVEMBER 6, 2007 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 6, 2007. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Chief Financial Officer Jeff Meisel, 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 Brian K. Strow, Commissioner Bruce Wilkerson and Mayor Elaine N. Walker. Absent: Commissioner Joe W. Denning. There was a quorum of the Board of Commissioners. PUBLIC HEARINGS Housing and Community Development Director Alice Burks conducted a public hearing to request a change in activity to the Renaissance II, 03-049, Circus Square Community Development Block Grant Project and to receive comments on the performance of the acquisition, relocation and demolition of activities undertaken to close out the grant. Ms. Burks reviewed the grant agreement with the Governor’s Office for Local Development which was originally approved in August 2004 for $1,000,000 to continue purchasing properties and pay relocation costs for the Circus Square Park Project. She noted that only $753,603 of the grant funds had been spent to date and that one business relocation payment was still pending, for an estimated total of $767,093 spent. In addition, Ms. Burks stated that the City provided additional funds of its own to the project directly related to this grant agreement in the amount of $273,748. There were no questions from the public or the Board. City Engineer Jeff Lashlee conducted a public hearing to review the proposed use of the Municipal Aid Program (Liquid Fuel Tax) funds, Coal Severance and Processing Tax and the Mineral Severance Tax. He reported that the Fiscal Year 2008 LFT projected revenues were $800,000, with an additional $65,000 of interest income. He reviewed the projects proposed in three categories— Street Resurfacing, Sidewalk, Curb & Gutter Rehabilitation and Traffic Calming—at a total cost of $952,000 from LFT. He noted that an additional $50,000 of funding from the General Fund would be added to complete an Alley Resurfacing Project. He further reported that the Fiscal Year 2008 Coal- Mineral Tax projected revenues were $29,000, with $50,000 being allocated to the new Sidewalk Construction Program. There were no questions from the public; however, Mr. Lashlee responded to questions from the Board about targeted road improvements and the use of LFT fund balance for emergencies. Public Works Director Emmett Wood stated that he would conduct an analysis to determine the level of appropriate fund balance to be maintained. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future acquisition of real property by the City as publicity would likely affect the value of the specific piece of property to be acquired for public use, and for pending litigation against and on behalf of the City. Motion was made by Wilkerson and seconded by Nash to convene in closed *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 6, 2007) session following the regular meeting pursuant to KRS 61.810 (b) and (c). Walker called for roll call vote. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b) and (c) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting October 16, 2007 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Nash and seconded by Wilkerson to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of October 16, 2007 was approved by unanimous vote. PUBLIC COMMENTS Mayor Walker opened the floor for any public comments and there were none. CONSENT AGENDA Mayor Walker requested if there were any items to be removed from the Consent Agenda prior to its consideration. With none, Assistant City Manager/City Clerk Katie Schaller read the summaries of each of the following items: MUNICIPAL ORDER NO. 2007 – 320 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEYERHAEUSER COMPANY FOUNDATION FOR THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY IN THE AMOUNT OF $5,000 MUNICIPAL ORDER NO. 2007 – 321 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE KENTUCKY TRANSPORTATION CABINET FOR TRANSPORTATION ENHANCEMENT FUNDS FOR THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY IN THE AMOUNT OF $16,800 FOR THE PORTAGE RAILROAD PRESERVATION PROJECT 2 (Minutes-Board of Commissioners-November 6, 2007) MUNICIPAL ORDER NO. 2007 – 322 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE KENTUCKY TRANSPORTATION CABINET FOR TRANSPORTATION ENHANCEMENT FUNDS FOR THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY IN THE AMOUNT OF $440,000 FOR THE LINKING SCHOOLS & COMMERCE PROJECT MUNICIPAL ORDER NO. 2007 – 323 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE FISCAL YEAR 2007 PRESERVE AMERICA HISTORIC PRESERVATION GRANT FUNDS IN THE AMOUNT OF $62,000 MUNICIPAL ORDER NO. 2007 – 324 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE GOVERNOR’S HIGHWAY SAFETY PROGRAM IN THE AMOUNT OF $7,500 MUNICIPAL ORDER NO. 2007 – 325 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF TINA COATES AND JEFFREY STEIN TO THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY MUNICIPAL ORDER NO. 2007 – 326 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF KIMBERLY BOUCHEY TO THE BOWLING GREEN-WARREN COUNTY MILITARY LIAISON BOARD MUNICIPAL ORDER NO. 2007 – 327 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF JEAN CHERRY TO SERVE ON THE WARREN COUNTY DOWNTOWN ECONOMIC DEVELOPMENT AUTHORITY, INCORPORATED Motion was made by Wilkerson and seconded by Nash for acceptance of the Consent Agenda as presented. With no discussion, a roll call vote was taken. 3 (Minutes-Board of Commissioners-November 6, 2007) ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2007 – 47 (Second Reading) ORDINANCE CLOSING A PUBLIC WAY ORDINANCE APPROVING THE CLOSING OF A PUBLIC RIGHT- OF-WAY KNOWN AS ALVATON ROAD Title and summary of Ordinance No. BG2007 - 47 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Ordinance No. BG2007 - 47 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2007 – 328 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF SCOTT O’NEIL BLAIR, TODD WARREN BRANNON, CHRISTOPHER M. CARTAS, JOSEPH SCOTT HARBIN, TIMOTHY JAMES ROSS AND PHILLIP DWAYNE TARRANCE TO THE POSITION OF FIREFIGHTER IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2007 - 328 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed the recommended appointments and their qualifications. He commented about the effort to increase the Department’s compliment overtime by adding new Firefighter positions. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 328 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 329 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF KELLY M. DAVENPORT AND PAULA MICHELE RONE TO THE POSITION OF COMMUNICATIONS DISPATCHER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2007 - 329 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal 4 (Minutes-Board of Commissioners-November 6, 2007) Order. DeFebbo reviewed the recommended appointments. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 329 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 330 MUNICIPAL ORDER APPROVING THE PROMOTION OF BRENT DOUGLAS BRAWNER TO THE POSITION OF OPERATIONS TECHNICIAN III IN THE PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION Summary of Municipal Order No. 2007 - 330 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo commented about the approved career path program. Public Works Director Emmett Wood reviewed the qualifications for the recommended promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 330 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 331 MUNICIPAL ORDER APPROVING THE PROMOTIONS OF DAVID W. BOCK, JR. TO THE POSITION OF CREW SUPERVISOR I AND KEVIN W. TAYLOR TO THE POSITION OF PARKS FACILITIES MAINTAINER, SR. IN THE PARKS AND RECREATION DEPARTMENT, GOLF DIVISION AND PARKS MAINTENANCE DIVISION, RESPECTIVELY Summary of Municipal Order No. 2007 - 331 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the promotions. Golf Course Operations Superintendent Tony Whitmer and Parks and Recreation Department Director Ernie Gouvas reviewed the qualifications for the two promotions. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 331 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 332 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF STEPHEN LEE HUSTED TO THE POSITION OF PARKS FACILITY MAINTAINER AND BENJAMIN JACOB LEIB TO THE POSITION OF LANDSCAPE GARDENER IN THE 5 (Minutes-Board of Commissioners-November 6, 2007) PARKS AND RECREATION DEPARTMENT, PARKS MAINTENANCE DIVISION AND GOLF DIVISION, RESPECTIVELY Summary of Municipal Order No. 2007 – 332 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the appointments. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 332 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 333 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF BLAKE COLLINS ALLEN, ERIC THOMAS HOUCHINS, CHARLES L. HALL, JR., JAMES ROBERT LEWIS AND SHAWN EUGENE INABNITT TO THE POSITION OF POLICE OFFICER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2007 – 333 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed the recruitment process and recommended the appointments. Similar to the Fire Department, he commented about the effort since 2004 to increase the number of Police Officer positions. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 333 was approved by unanimous vote. ORDINANCE NO. BG2007 – 48 (First Reading) ORDINANCE RELATING TO CLASSIFICATION/PAY SCHEDULE ORDINANCE AMENDING THE CLASSIFICATION/PAY SCHEDULE “G” FOR GENERAL CLASSIFIED EMPLOYEES OF THE CITY OF BOWLING GREEN Title and summary of Ordinance No. BG2007 - 48 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for first reading of said Ordinance. DeFebbo explained the recommended revision to the Schedule which related to changing a previously hazardous position in the Fire Department to a non-hazardous position. Fire Chief Greg Johnson further explained the change. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2007 - 48 was approved by unanimous vote. 6 (Minutes-Board of Commissioners-November 6, 2007) MUNICIPAL ORDER NO. 2007 – 334 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-04 FOR CLAY AND 13 TH STREET SIDEWALK CONSTRUCTION FROM CHARLES DEWEESE CONSTRUCTION, INC. OF FRANKLIN, KENTUCKY IN THE AMOUNT OF $86,925 Summary of Municipal Order No. 2007 - 334 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended the bid award for a redevelopment project in the westside area. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 334 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 335 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-09 FOR THE NEW FIRE DEPARTMENT HEADQUARTERS AND CENTRAL STATION REMODEL PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FROM BRANDSTETTER CARROLL, INC. OF LEXINGTON, KENTUCKY IN THE AMOUNT OF $115,000 Summary of Municipal Order No. 2007 - 335 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed the project to expand and improve the Fire Department’s headquarters and recommended the bid award. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 335 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 336 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-19 FOR SOUTH CAMPUS GREENWAYS CONNECTOR, PHASE I FROM SCOTT & MURPHY, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $27,845.50 Summary of Municipal Order No. 2007 - 336 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for consideration of said Municipal Order. DeFebbo recommended the bid award which included participation by the Greenways Commission and Western Kentucky University. City-County Planning Commission Staff Engineer Mac Yowell responded to a question about the University’s commitment to the project. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 7 (Minutes-Board of Commissioners-November 6, 2007) ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 336 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 337 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING NEGOTIATIONS AFTER SEALED BIDDING FOR THE PURCHASE OF A 4-ON ASPHALT PATCHER, PACKAGE D OF BID #2008-05 FOR VEHICLE REPLACEMENT, FROM JACK DOHENY SUPPLIES OF LAWRENCE, INDIANA IN THE AMOUNT OF $28,408 Summary of Municipal Order No. 2007 - 337 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo reviewed the recommended bid award to purchase a reclaimer to assist with road improvements. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 337 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 338 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-15 FOR CLEARLANE ENHANCED DEICER OR EQUIVALENT FROM CARGILL INC. OF CHICAGO, ILLINOIS IN THE AMOUNT OF $56,625 Summary of Municipal Order No. 2007 - 338 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. DeFebbo explained the benefits from this particular product during winter weather and recommended the bid award. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 338 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 339 MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF POLICE VEHICLE EQUIPMENT FROM LAW ENFORCEMENT SUPPLY IN THE AMOUNT OF $40,028.91 PURSUANT TO THE TERMS OF BID #2007-41 Summary of Municipal Order No. 2007 - 339 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal 8 (Minutes-Board of Commissioners-November 6, 2007) Order. DeFebbo recommended the purchase for emergency vehicle equipment under an existing bid to save money. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 339 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 340 MUNICIPAL ORDER APPROVING CONTRACTS THROUGH NONCOMPETITIVE NEGOTIATIONS WITH INTERACT PUBLIC SAFETY SYSTEMS IN THE AMOUNT OF $17,820, PRECISION MOUNTING TECHNOLOGIES IN THE AMOUNT OF $35,820, INDEPENDENCE COMMUNICATIONS IN THE AMOUNT OF $75,744 AND GTSI CORPORATION IN THE AMOUNT OF $193,484.76 UNDER KENTUCKY STATE PRICING CONTRACTS FOR THE PURCHASE OF EQUIPMENT RELATED TO THE INSTALLATION AND OPERATION OF MOBILE DATA COMPUTERS-PHASE 2 Summary of Municipal Order No. 2007 - 340 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for consideration of said Municipal Order. DeFebbo reviewed the project to install terminals in police vehicles and recommended the purchases. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 340 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 341 MUNICIPAL ORDER APPROVING SHIVE LANE WIDENING AND EXTENSION ROAD PROJECT PLANS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ACQUIRE PROPERTIES NECESSARY FOR THIS PROJECT Summary of Municipal Order No. 2007 - 341 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. DeFebbo indicated that this item was discussed at the work session earlier that day and recommended its approval. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 341 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 342 MUNICIPAL ORDER CHANGING THE SCHEDULE OF PAYMENT 9 (Minutes-Board of Commissioners-November 6, 2007) STANDARDS FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM Summary of Municipal Order No. 2007 - 342 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. DeFebbo indicated this was an annual update to establish rental rates calculated by the Department of Housing and Urban Development (HUD). Housing and Community Development Director Alice Burks responded to questions about the rental rates being related to the specific area and the number of individuals able to be served at the new rates. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 342 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 343 MUNICIPAL ORDER AUTHORIZING AND APPROVING REVISIONS TO THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN FOR THE CITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM Summary of Municipal Order No. 2007 - 343 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo recommended the changes which were based on the Department of Housing and Urban Development (HUD) requirements and updates. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 343 was approved by unanimous vote. ORDINANCE NO. BG2007 – 49 (First Reading) ORDINANCE DECLARING CITY’S INTENT TO ANNEX PROPERTY ORDINANCE DECLARING THE DESIRABILITY AND CITY’S INTENTION TO ANNEX UNINCORPORATED TERRITORY CONTAINING APPROXIMATELY 16.92 ACRES IN THE VICINITY OF EDWARD DRIVE/CEDARWOOD WAY, WITH ALL SUCH TERRITORY BEING CONTIGUOUS TO EXISTING CITY LIMITS Title and summary of Ordinance No. BG2007 - 49 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for first reading of said Ordinance. DeFebbo explained that the City was approached by several residents in the area to annex their property. Citizen Information and Assistance Director Michael Grubbs stated that this proposal was discussed at the October 16, 2007 work session. Since the City did not receive written consents from all of the property owners of the 26 properties included, Mr. Grubbs reviewed the process to declare the City’s intent to annex property and the additional steps required by state statute. He also 10 (Minutes-Board of Commissioners-November 6, 2007) provided an update regarding efforts to contact residents of the surrounding area to determine their interest in annexation. Comm. Nash encouraged others to consider annexation since any additional cost was limited compared to the benefits gained. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2007 - 49 was approved by unanimous vote. ORDINANCE NO. BG2007 – 50 (First Reading) ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AN ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2007B AND TAXABLE GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2007C IN AGGREGATE MAXIMUM PRINCIPAL AMOUNTS OF $21,200,000 AND $8,400,000, RESPECTIVELY, FOR THE PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION OF A LEASEHOLD ESTATE IN THE REAL PROPERTIES AND IMPROVEMENTS CONSTITUTING THE TRANSPARK; AUTHORIZING A GROUND LEASE WITH THE INTER-MODAL TRANSPORTATION AUTHORITY, INC. AND A CONTRACT, LEASE & OPTION WITH THE INTER-MODAL TRANSPORTATION AUTHORITY, INC. AND THE COUNTY OF WARREN, KENTUCKY WITH RESPECT THERETO; APPROVING FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS AND A CONSTRUCTION FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS FOLLOWING THE ADVERTISED SALE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES Title and summary of Ordinance No. BG2007 - 50 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. DeFebbo reviewed the previous discussions held about issuing bonds for the Inter-Modal Transportation Authority (ITA). Attorney Dirk Bedarff, Bond Counsel for the City, responded to questions regarding the difference between non-taxable and taxable bonds, the maximum principle amount proposed at this time and the need for a construction fund for future infrastructure improvements. Chief Financial Officer Jeff Meisel estimated that the interest rates would average approximately 4.8% over the two types of bonds, which was subject to changes depending on the market at the time the bonds were issued. Following the discussion, a roll call vote was taken. 11 (Minutes-Board of Commissioners-November 6, 2007) ROLL CALL: Voting Yea: Nash, Wilkerson and Walker Voting Nay: Strow First reading of Ordinance No. BG2007 - 50 was approved by majority vote. ORDINANCE NO. BG2007 – 51 (First Reading) ORDINANCE RELATING TO BUDGET AMENDMENT ORDINANCE APPROVING AMENDMENT NUMBER ONE TO THE CITY OF BOWLING GREEN, KENTUCKY ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2008 Title and summary of Ordinance No. BG2007 - 51 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. DeFebbo recommended the amendments to the current budget. Comptroller Wilma Brown clarified the transfer out from the General Fund to the Sidewalk Program. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None First reading of Ordinance No. BG2007 - 51 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 310 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF A PORTION OF OLDE STONE WAY IN OLDE STONE SUBDIVISION Summary of Municipal Order No. 2007 - 310 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Walker for consideration of said Municipal Order. DeFebbo indicated that this item was withdrawn from a previous agenda for further evaluation of the bridge structure before accepting maintenance. Comm. Wilkerson commented about the efforts of City-County Planning Commission Staff Engineer Mac Yowell who conducted the bridge evaluation. Public Works Director Emmett Wood clarified that the City would only be responsible for maintaining the bridge’s functional status and not any of the decorative features. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson and Walker Voting Nay: None Municipal Order No. 2007 - 310 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session pursuant to KRS 61.810 (b) and (c) as previously approved. 12 (Minutes-Board of Commissioners-November 6, 2007) ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:40 p.m., Mayor Walker declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners, excluding Commissioner Denning, 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 Mayor’s Task Force on Regulatory Reform report and recommendations relating to affordable housing; 2) the Shive Lane Expansion Project and property acquisition update; and 3) the Downtown Signalization Project and proposed reduction in the scope of services to reduce costs. With regard to the downtown signals project, there was consensus reached by the Board to eliminate the purchase and installation of seven poll and mast arms originally planned at the corners of Chestnut Street and Main Avenue, Chestnut Street and 10th Avenue, Center Street and 13th Avenue, Center Street and 11th Avenue, Center Street and Main Avenue, State Street and 13th Avenue and State Street and 15th Avenue. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 13