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Board of Commissioners

Regular Meeting

Bowling Green, KY · November 20, 2007

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held NOVEMBER 20, 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 20, 2007. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Police Detective Barry Raley, 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 K. Strow, Commissioner Bruce Wilkerson, Commissioner Joe W. Denning, Commissioner Brian “Slim” Nash and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Walker announced that the Citizen Information and Assistance Department, Public Information Division had received four Markie Awards for 2007 from the Professional Marketing Association, including Best Brochure for the City’s 2006 Annual Report. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future acquisition and sale 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 or sold by the City, for pending litigation against and on behalf of the City and for discussion concerning a specific proposal, as open discussion would jeopardize the siting, retention, expansion or upgrading of the business. Motion was made by Wilkerson and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (b), (c) and (g). Walker called for roll call vote. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (b), (c) and (g) was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting November 6, 2007 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Wilkerson and seconded by Nash to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of November 6, 2007 was approved by unanimous vote. *Note: Minutes are a summary of the discussions; a video recording of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-November 20, 2007) 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. Commissioner Nash requested that Municipal Order No. 2007 – 344 be removed. Mayor Walker confirmed that this item would be considered at the end of the regular agenda. With no other items removed, Assistant City Manager/City Clerk Katie Schaller read the summaries of each of the following items: MUNICIPAL ORDER NO. 2007 – 345 MUNICIPAL ORDER APPROVING AND AUTHORIZING OUT-OF- TOWN TRAVEL EXPENSES FOR MAYOR ELAINE N. WALKER TO ATTEND A PRESENTATION TO THE STATE TAX INCREMENT FINANCING (TIF) COMMISSION IN FRANKFORT, KENTUCKY MUNICIPAL ORDER NO. 2007 – 346 MUNICIPAL ORDER APPROVING AND AUTHORIZING OUT-OF- TOWN TRAVEL EXPENSES FOR CITY MANAGER KEVIN D. DEFEBBO TO ATTEND THE ICMA 93RD ANNUAL CONFERENCE IN PITTSBURGH, PENNSYLVANIA 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. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2007 – 48 (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 Title and summary of Ordinance No. BG2007 - 48 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. 2 (Minutes-Board of Commissioners-November 20, 2007) ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Ordinance No. BG2007 - 48 was adopted by unanimous vote. EDITOR’S NOTE: Pursuant to the notification requirements of KRS 81A.425 for a proposed annexation, second reading of Ordinance No. BG2007 – 49 was scheduled for the December 4, 2007 meeting of the Board of Commissioners. ORDINANCE NO. BG2007 – 50 (Second 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 Denning for second reading of said Ordinance. In response to some questions, Chief Financial Officer Jeff Meisel and City Attorney Gene Harmon clarified that the total amount of the bond issue would be less than the estimates listed in the Ordinance and that the total amount of the previously issued bonds was in excess of $28 million. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning, Nash and Walker Voting Nay: Strow Ordinance No. BG2007 - 50 was adopted by a majority vote. 3 (Minutes-Board of Commissioners-November 20, 2007) ORDINANCE NO. BG2007 – 51 (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 2008 Title and summary of Ordinance No. BG2007 - 51 was read by the Assistant City Manager/City Clerk. Motion was made by Strow 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: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Ordinance No. BG2007 - 51 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2007 – 347 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF LISA A. COOPER TO THE POSITION OF OCCUPATIONAL LICENSE ASSOCIATE IN THE FINANCE DEPARTMENT Summary of Municipal Order No. 2007 - 347 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 current opening and recommended the appointment. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 347 was approved by unanimous vote. ORDINANCE NO. BG2007 – 52 (First Reading) ORDINANCE CREATING AND AUTHORIZING SALE OF GAS FRANCHISE AN ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY PROVIDING FOR THE CREATION AND SALE OF A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE OF CONSTRUCTING, TRANSPORTING, OPERATING, MAINTAINING AND DISTRIBUTING NATURAL GAS ALONG AND UNDER PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF BOWLING GREEN, KENTUCKY FOR A TERM OF TEN (10) YEARS IN CONSIDERATION FOR WHICH, THE SUCCESSFUL FRANCHISEE SHALL PAY TO THE CITY AN ANNUAL SUM EQUAL TO A MINIMUM OF ONE PERCENT (1%) OF THE GROSS REVENUES DERIVED FROM THE FRANCHISE AWARDED HEREIN; AND FURTHER ESTABLISHING A BID PROCEDURE FOR THE AWARD OF SAID FRANCHISE TO THE SUCCESSFUL BIDDER 4 (Minutes-Board of Commissioners-November 20, 2007) Title and summary of Ordinance No. BG2007 - 52 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for first reading of said Ordinance. DeFebbo indicated that the existing franchise with Atmos Energy (formerly Western Kentucky Gas) would expire in February 2008. He explained that the current franchise had a 20-year term and that the proposed agreement reduced that to ten years while maintaining a minimum of a 1% fee of gross revenues to be provided by the Franchisee for use of the City’s rights-of-way. City Attorney Gene Harmon explained the procedures required to go out for bid and he reviewed the terms of the proposed agreement. Comm. Nash expressed his concern with the fee being passed on to consumers and the additional burden that had on mid to low income households as gas prices increased. He proposed that the 1% franchise fee be eliminated. City Attorney Harmon explained that by statute the franchise holder had the ability to pass the fee through to consumers, which was similar to other utility franchise agreements. Comm. Denning stated that the existing 1% fee had been in place for the past 20 years and the City should receive compensation for the use of its rights-of-way. As an alternative, Comm. Strow proposed that the franchise fee be $1.00 per year. Comm. Denning expressed concern about the loss of approximately $200,000 per year in revenue to the City’s General Fund budget. Mayor Walker agreed that the loss of revenue over the next ten years could have significant impact on future budgets. She stated that she thought the 1% fee was reasonable and was not overly burdensome. Comm. Wilkerson stated that he was not prepared to deviate from the proposed agreement, but that he would consider an alternative if the impact to the budget could be made up from another source. Following additional discussion of the potential loss of revenue and a suggestion to make up the difference by reducing the General Fund subsidy for Golf, Comm. Nash made a motion, which was seconded by Strow, to amend Ordinance No. BG2007 – 52 to eliminate the 1% franchise fee of gross revenues, and to instead charge $1.00 per year. ROLL CALL: Voting Yea: Strow and Nash Voting Nay: Wilkerson, Denning and Walker Motion to amend Ordinance No. BG2007 - 52 to change the franchise fee to $1.00 per year was defeated by majority vote. Comm. Strow indicated that the fee should be based on a unit tax on gas and not an ad valorem tax which would increase as gas prices increased. In response to a question about the types of taxes allowable, Atmos Energy Operations Manager Jerry Harmon stated that the tax could be based on a gross percentage, as it was currently, or a per meter charge. City Attorney Gene Harmon noted that he would need to research whether there were any other options allowable by law. With additional discussion of proposed alternatives and with the impact to the City’s budget, City Manager DeFebbo suggested that the Board table the ordinance for further review. Motion was made by Strow and seconded by Denning to table first reading of Ordinance No. BG2007 – 52 until the first meeting of December to allow time for alternative proposals to be researched. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Motion to table Ordinance No. BG2007 - 52 until the next scheduled meeting of the Board was approved by unanimous vote. 5 (Minutes-Board of Commissioners-November 20, 2007) MUNICIPAL ORDER NO. 2007 – 348 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2007-67 FOR THE DOWNTOWN SIGNALS PROJECT THROUGH NEGOTIATIONS AFTER SEALED BIDDING FROM SCOTT & MURPHY, INC. FOR SCHEDULE A; AND AUTHORIZING AND ACCEPTING SCHEDULE B FROM UNION METAL NOSTALGIA AND SCHEDULE C FROM TRAFFIC CONTROL PRODUCTS, INC., AND REJECTING THE BIDS FOR SCHEDULE D; AND FURTHER AUTHORIZING THE INSTALLATION OF FIBER OPTICS RELATED TO THIS PROJECT BY BOWLING GREEN MUNICIPAL UTILITIES (BGMU) FOR A TOTAL PROJECT COST OF $1,950,710 Summary of Municipal Order No. 2007 - 348 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 described the project which would update the traffic signals in the downtown area and was discussed in more detail at the November 6, 2007 work session. Public Works Director Emmett Wood confirmed that the plan to reduce costs, as previously discussed and agreed to by the Board, to eliminate the replacement and/or installation of mast arms and posts at certain intersections was still in place. Comm. Nash requested clarification that a vote to accept this Municipal Order was also a vote to accept the plan to reduce costs, which was confirmed by City Attorney Gene Harmon. City Engineer Jeff Lashlee responded to a question regarding the placement of a post at the corner of 10th Avenue and State Street. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Nash and Walker Voting Nay: None Abstaining: Denning Municipal Order No. 2007 - 348 was approved by majority vote. Comm. Denning abstained since he was employed by Scott & Murphy. MUNICIPAL ORDER NO. 2007 – 349 MUNICIPAL ORDER APPROVING THE PURCHASE OF A JOHN DEERE 5325 TRACTOR WITH FRONT LOADER IN THE AMOUNT OF $27,748.64 BY NONCOMPETITIVE NEGOTIATIONS FROM JOHN DEERE COMPANY UNDER THE KENTUCKY STATE PRICING CONTRACT THROUGH HARTLAND EQUIPMENT, CORP.; AND FURTHER AUTHORIZING THE 60 MONTH FINANCING FOR THE PURCHASE WITH BRANCH BANKING & TRUST (BB&T) Summary of Municipal Order No. 2007 - 349 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for consideration of said Municipal Order. DeFebbo recommended the replacement of an older tractor and the financing of a short-term loan to make the purchase. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 6 (Minutes-Board of Commissioners-November 20, 2007) ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 349 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 350 MUNICIPAL ORDER APPROVING FISCAL YEARS 2007/2008 THROUGH 2009/2010 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF BOWLING GREEN, KENTUCKY Summary of Municipal Order No. 2007 - 350 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 stated that the proposed three-year plan was presented at a previous work session. Comm. Strow commented about the flexibility of the plan to be adjusted as other things came up. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 350 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 351 MUNICIPAL ORDER APPROVING THE RECOMMENDATIONS OF THE MAYOR’S TASK FORCE ON REGULATORY REFORM Summary of Municipal Order No. 2007 - 351 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 recommendations presented by the Taskforce at the work session on November 6, 2007. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 351 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 352 MUNICIPAL ORDER APPROVING THE INDEPENDENCE PLACE PROJECT AGREEMENT WITH HOUSING ASSISTANCE AND DEVELOPMENT SERVICES, INC. RELATED TO A HOUSING PROJECT ON WEST MAIN AVENUE Summary of Municipal Order No. 2007 - 352 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 approval of the agreement for an investment in veterans housing. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 352 was approved by unanimous vote. 7 (Minutes-Board of Commissioners-November 20, 2007) MUNICIPAL ORDER NO. 2007 – 353 MUNICIPAL ORDER APPROVING REDEDICATION OF A PORTION OF BRENNER STREET AND FURTHER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF THE REDEDICATED AND A NEW PORTION OF BRENNER STREET IN SCOTTY’S INDUSTRIAL PARK DEVELOPMENT SUBDIVISION Summary of Municipal Order No. 2007 - 353 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 previous street closure approved by the Board of Commissioners in 2005 for a portion of Brenner Street and the request by the developer to reopen the right-of-way, in addition to a request for acceptance of maintenance. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 353 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 354 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF GREYSTONE SUBDIVISION SECTION ONE Summary of Municipal Order No. 2007 - 354 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Denning for consideration of said Municipal Order. DeFebbo recommended acceptance of the street maintenance. On an unrelated matter, Public Works Director Emmett Wood responded to a question regarding the status of a drainage issue on McClellan Road. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 354 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 355 MUNICIPAL ORDER ACCEPTING DONATION FROM HARDIN WHOLESALE FOR ARTS AND CRAFTS MATERIALS FOR SPECIAL POPULATIONS AND RECREATION PROGRAMS OF THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2007 - 355 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 requirement for Board approval to accept this donation. Comm. Nash expressed appreciation for the donation to assist the special populations programs. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 8 (Minutes-Board of Commissioners-November 20, 2007) ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 355 was approved by unanimous vote. ORDINANCE NO. BG2007 – 53 (First Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF A PORTION OF CENTER STREET RIGHT-OF-WAY Title and summary of Ordinance No. BG2007 - 53 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 indicated that the closure was proposed to allow safer travel between park facilities and was discussed at a previous work session. He also noted that it was unanimously approved by the Planning Commission. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2007 - 53 was approved by unanimous vote. ORDINANCE NO. BG2007 – 54 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 1.56 ACRES FROM AG (AGRICULTURE), HB (HIGHWAY BUSINESS) AND F (GENERAL FLOOD PLAIN) TO HB (HIGHWAY BUSINESS) AND F (GENERAL FLOOD PLAIN) LOCATED ON OLD PORTER PIKE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY MICHAEL BARRICK AND GREG BARRICK OF KENTUCKY AVENUE INTEREST Title and summary of Ordinance No. BG2007 - 54 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Strow for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter provided a brief overview of the recommended rezoning and its binding elements. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None First reading of Ordinance No. BG2007 - 54 was approved by unanimous vote. MUNICIPAL ORDER NO. 2007 – 344 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF PHILLIP DYE, DAVID SOWDERS AND STEVE SPEAKMAN TO THE CONTRACTORS LICENSING BOARD 9 (Minutes-Board of Commissioners-November 20, 2007) Summary of Municipal Order No. 2007 - 344 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. Comm. Nash indicated that he had no concerns with this particular item, but rather he had a request that related to board reappointments in general. As part of the documentation accompanying Municipal Orders for board reappointments, he asked that the Board of Commissioners be provided with attendance records for the last term of each recommended reappointment. Mayor Walker agreed and asked for additional discussion. With none, a roll call vote was taken. ROLL CALL: Voting Yea: Strow, Wilkerson, Denning, Nash and Walker Voting Nay: None Municipal Order No. 2007 - 344 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), (c) and (g) as previously approved. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:25 p.m., Mayor Walker declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subject: Elected Officials Salary Task Force report and recommendations. Also included on the work session agenda was an item to discuss a proposed diversity committee; however, that discussion was postponed for another time. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 10

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL November 20, 2007, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL OPERATION P.R.I.D.E. AWARD AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting November 6, 2007 PUBLIC COMMENTS CONSENT AGENDA: 1. Municipal Order No. 2007 – 344 Municipal Order approving the reappointments of Phillip Dye, David Sowders and Steve Speakman to the Contractors Licensing Board (Filed 11/14/2007, 10:00 a.m.) 2. Municipal Order No. 2007 – 345 Municipal Order approving and authorizing out-of-town travel expenses for Mayor Elaine N. Walker to attend a presentation to the State Tax Increment Financing (TIF) Commission in Frankfort, Kentucky (Filed 11/06/2007, 10:30 a.m.) 3. Municipal Order No. 2007 – 346 Municipal Order approving and authorizing out-of-town travel expenses for City Manager Kevin D. DeFebbo to attend the ICMA 93rd Annual Conference in Pittsburgh, Pennsylvania (Filed 11/06/2007, 10:30 a.m.) REGULAR AGENDA ITEMS FOR CONSIDERATION: 4. Ordinance No. BG2007 – 48 ORDINANCE RELATING TO CLASSIFICATION/PAY (Second Reading) SCHEDULE Ordinance amending the Classification/Pay Schedule “G” for general classified employees of the City of Bowling Green (Agenda-November 20, 2007) 5. Ordinance No. BG2007 – 50 ORDINANCE PROVIDING FOR THE ISSUANCE OF (Second Reading) 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 6. Ordinance No. BG2007 – 51 ORDINANCE RELATING TO BUDGET AMENDMENT (Second Reading) Ordinance approving Amendment Number One to the City of Bowling Green, Kentucky annual operating budget for Fiscal Year 2008 7. Municipal Order No. 2007 – 347 Municipal Order approving the probationary appointment of Lisa A. Cooper to the position of Occupational License Associate in the Finance Department (Filed 11/14/2007, 9:20 a.m.) 8. Ordinance No. BG2007 – 52 ORDINANCE CREATING AND AUTHORIZING (First Reading) SALE OF GAS FRANCHISE An Ordinance of the City of Bowling Green, Kentucky providing for the creation and sale of a non-exclusive franchise for the privilege of constructing, transporting, operating, maintaining and distributing natural gas along and under public right-of-way within the City of Bowling Green, Kentucky for a term of ten (10) years in consideration for which, the successful Franchisee shall pay to the City an annual sum equal to a minimum of one percent (1%) of the gross revenues derived from the franchise awarded herein; and further establishing a bid procedure for the award of said franchise to the successful bidder (Filed 10/26/2007, 1:45 p.m.) 2 (Agenda-November 20, 2007) 9. Municipal Order No. 2007 – 348 Municipal Order authorizing and accepting Bid #2007-67 for the Downtown Signals Project through negotiations after sealed bidding from Scott & Murphy, Inc. for Schedule A; and authorizing and accepting Schedule B from Union Metal Nostalgia and Schedule C from Traffic Control Products, Inc., and rejecting the bids for Schedule D; and further authorizing the installation of fiber optics related to this project by Bowling Green Municipal Utilities (BGMU) for a total project cost of $1,950,710 (Filed 11/14/2007, 11:15 a.m.) 10. Municipal Order No. 2007 – 349 Municipal Order approving the purchase of a John Deere 5325 tractor with front loader in the amount of $27,748.64 by noncompetitive negotiations from John Deere Company under the Kentucky State Pricing Contract through Hartland Equipment, Corp.; and further authorizing the 60 month financing for the purchase with Branch Banking & Trust (BB&T) (Filed 11/13/2007, 3:00 p.m.) 11. Municipal Order No. 2007 – 350 Municipal Order approving Fiscal Years 2007/2008 through 2009/2010 Capital Improvement Program for the City of Bowling Green, Kentucky (Filed 11/14/2007, 8:30 a.m.) 12. Municipal Order No. 2007 – 351 Municipal Order approving the recommendations of the Mayor’s Task Force on Regulatory Reform (Filed 11/09/2007, 11:15 a.m.) 13. Municipal Order No. 2007 – 352 Municipal Order approving the Independence Place Project Agreement with Housing Assistance and Development Services, Inc. related to a housing project on West Main Avenue (Filed 11/06/2007, 8:00 a.m.) 14. Municipal Order No. 2007 – 353 Municipal Order approving rededication of a portion of Brenner Street and further approving construction and accepting maintenance of the rededicated and a new portion of Brenner Street in Scotty’s Industrial Park Development Subdivision (Filed 11/14/2007, 9:45 a.m.) 15. Municipal Order No. 2007 – 354 Municipal Order approving construction and accepting maintenance of Greystone Subdivision Section One (Filed 11/14/2007, 9:45 a.m.) 3 (Agenda-November 20, 2007) 16. Municipal Order No. 2007 – 355 Municipal Order accepting donation from Hardin Wholesale for arts and crafts materials for Special Populations and Recreation Programs of the Parks and Recreation Department (Filed 11/14/2007, 10:30 a.m.) 17. Ordinance No. BG2007 – 53 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (First Reading) Ordinance approving the closing of a portion of Center Street right-of-way (Filed 10/15/2007, 10:30 a.m.) 18. Ordinance No. BG2007 – 54 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 1.56 acres from AG (Agriculture), HB (Highway Business) and F (General Flood Plain) to HB (Highway Business) and F (General Flood Plain) located on Old Porter Pike, with binding elements, presently owned by Michael Barrick and Greg Barrick of Kentucky Avenue Interest (Filed 11/12/2007, 10:30 a.m.) NEXT SCHEDULED MEETING December 4, 2007 ADJOURNMENT 4

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