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Board of Commissioners

Regular Meeting

Bowling Green, KY · September 16, 2008

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held SEPTEMBER 16, 2008 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 September 16, 2008. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Police Chaplin Mike Holian, 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, Commissioner Joe W. Denning and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Walker recognized members of Boy Scout Troop 79 who were in attendance at the meeting. She announced that Fire Prevention/Education Specialist Officer Marlee Boenig had recently been elected as the Vice President of the National Information Officers Association. Mayor Walker also announced that the City’s website recently received two national awards at the National Association of Government Webmasters (NAGW) Conference, first place in the Member’s Choice Awards and second place in the technical review/assessment category, also known as the Excellence Award. SPECIAL PRESENTATION Plant Manager Paul Graham of the GM Bowling Green Assembly Plant gave a special presentation to celebrate General Motors 100th Anniversary. He provided an overview of the history and operations of the Corvette Plant, as well as the future for GM as a whole. He shared GM’s commitment and goals to become more energy diversified and plans underway to become independent of gasoline. Mayor Walker proclaimed September 16, 2008 as General Motors Corporation 100th Anniversary Celebration Day. PUBLIC HEARINGS Chief Financial Officer Jeff Meisel conducted a public hearing for the purpose of obtaining comments from citizens regarding the proposed 2008 property tax rate that was recommended to be $0.206 per $100 assessed property value, which was less than the previous year’s rate. The 2008 rate captured a four percent (4%) growth rate on existing real estate as permitted by HB44, but also reflected a reduction to compensate for the new Warren County Library District tax rate of 4.3 cents. He also stated that tax bills would be mailed out in the next few weeks and payment was due December 31, 2008. There were no comments from the public regarding the 2008 proposed tax rates. 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 2009 LFT projected revenues were $955,700. He reviewed the projects proposed for Street Resurfacing and Sidewalk, Curb & Gutter Rehabilitation at a *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-September 16, 2008) total cost of $1,015,000 from LFT. He noted that an additional $85,000 of funding from the General Fund would be added to the Street Resurfacing (Overlay) Project. He further reported that the Fiscal Year 2009 Coal-Mineral Tax projected revenues were $34,000, with $150,000 being allocated to the new Sidewalk Construction Program and Street Resurfacing Project. There were no questions from the public; however, Mr. Lashlee responded to questions from the Board about the use of asphalt versus concrete and the cost differences between the two products. CITY MANAGER City Manager Kevin D. DeFebbo welcomed Police Officer Donitka Kay who was in attendance to provide increased security during the meeting. He requested a closed session for the purpose of discussion about proposed litigation on behalf of the City and pending litigation against and on behalf of the City, and for discussion between the City and a representative of business entities and discussions concerning specific proposals, if open discussions would jeopardize the siting, retention, expansion or upgrading of the businesses. Motion was made by Nash and seconded by Strow to convene in closed session following the regular meeting pursuant to KRS 61.810 (c) and (g). Walker called for roll call vote. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (c) and (g) was approved by unanimous vote. Mr. DeFebbo confirmed that action may be required by the Board following the discussion. APPROVAL OF MINUTES Minutes of Regular Meeting September 2, 2008 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Strow and seconded by Denning 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, Denning and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of September 2, 2008 was approved by unanimous vote. PUBLIC COMMENTS Henry Thompson of 1213 Shawnee Way spoke in favor of reopening Navajo Drive. He inquired if the Board planned to close other streets to combat against speeding complaints and as a traffic control solution. He cautioned against such a move and provided a brief history of when Navajo Drive had once before been closed and then reopened to provide better connectivity for the neighborhood. CONSENT AGENDA Since there was only one item included on the Consent Agenda and no request for its removal, Assistant City Manager/City Clerk Katie Schaller read the summary of the following item: 2 (Minutes-Board of Commissioners-September 16, 2008) MUNICIPAL ORDER NO. 2008 – 225 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF MELISSA A. RODARTE TO THE HUMAN RIGHTS COMMISSION Motion was made by Denning 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: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Motion to accept the Consent Agenda as presented was approved by unanimous vote. REGULAR AGENDA ORDINANCE NO. BG2008 – 47 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 2.9292 ACRES FROM HB (HIGHWAY BUSINESS) TO RM-3 (MULTI-FAMILY RESIDENTIAL) LOCATED AT THE END OF KIRTLEY WAY, WITH BINDING ELEMENTS, PRESENTLY OWNED BY MIKE HYMER, SOUTHERN COMFORT APARTMENTS, LLC Title and summary of Ordinance No. BG2008 - 47 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Denning for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Denning and Walker Voting Nay: Nash and Strow Ordinance No. BG2008 - 47 was adopted by majority vote. ORDINANCE NO. BG2008 – 48 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 25 (CODE OF ETHICS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES RELATED TO STANDARDS OF CONDUCT AND TO MAKE OTHER ADMINISTRATIVE CHANGES Title and summary of Ordinance No. BG2008 - 48 was read by the Assistant City Manager/City Clerk. Motion was made by Strow and seconded by Nash for second reading of said Ordinance. Mayor Walker requested clarification regarding the purpose of the proposed change to provide that an elected official must abstain from voting on his/her individual requests for reimbursements. Specifically, she asked if there was a serious issue that needed to be addressed, whether there were any past reimbursements which were in question and if there was any recourse in the event of a tie vote. Comm. Strow responded and indicated that the proposal was based on a 3 (Minutes-Board of Commissioners-September 16, 2008) philosophical position which was the practice of most boards and previously followed by the Board of Commissioners. In addition, City Attorney Gene Harmon explained that future requests for travel reimbursements by an elected official would no longer be placed on the Consent Agenda to allow that individual the opportunity to cast a vote regarding any other items which might be on the Consent Agenda. Comm. Denning reiterated his concerns that if a tie vote occurred, the individual who incurred a legitimate expense on behalf of the City would not get reimbursed. He stated he did not think that was right. Former Mayor Eldon Renaud advised that during his term, there was never an issue with travel. He emphasized the importance of being able to attend conferences and to serve on other boards as a means to better the community. Mr. Renaud provided that it was during such travels that information was brought back about the benefits of a website, which website just received national recognition. He suggested that the Board look at the issue further. Mayor Walker acknowledged that this ordinance was anticipated to be adopted. She expressed her disappointment with having to spend time on such a trivial issue and the potential adverse affect this policy might have on an elected official who requests reimbursement for legitimate expenses. She urged the Board to oppose the ordinance. With no further discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow and Wilkerson Voting Nay: Denning and Walker Ordinance No. BG2008 - 48 was adopted by majority vote. MUNICIPAL ORDER NO. 2008 – 226 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF JASON CHAD BROOKS, BRAD W. CAFFEY, DAVID BRANDON CARTER, MARK ELLIS CARVER, JACOB VERLIN LEE, BENJAMIN THOMAS MOCK, JUSTIN ARDEN REESY AND COLERIDGE ANDREW TUCKER TO THE POSITION OF FIREFIGHTER IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2008 - 226 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed the application process and recommended the appointments, which included filling the five (5) new positions approved with this year’s budget. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 226 was approved by unanimous vote. 4 (Minutes-Board of Commissioners-September 16, 2008) MUNICIPAL ORDER NO. 2008 – 227 MUNICIPAL ORDER APPROVING THE PROMOTION OF APRIL NICOLE COSBY TO THE POSITION OF SENIOR STAFF ACCOUNTANT IN THE FINANCE DEPARTMENT Summary of Municipal Order No. 2008 - 227 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for consideration of said Municipal Order. DeFebbo pointed out it was a managerial goal to reorganize where possible when the opportunity presented itself. Chief Financial Officer Jeff Meisel reviewed the recently reclassified position and recommended the promotion. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 227 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 228 MUNICIPAL ORDER AUTHORIZING SPECIFIED POSITION CLASSIFICATIONS FOR HAZARDOUS DUTY COVERAGE UNDER THE COUNTY EMPLOYEES RETIREMENT SYSTEM AND REQUESTING APPROVAL BY THE KENTUCKY RETIREMENT SYSTEMS BOARD OF TRUSTEES Summary of Municipal Order No. 2008 - 228 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo indicated that it was a State requirement to recertify certain positions for hazardous duty coverage under the retirement system. Human Resources Director Michele Tolbert reviewed the requirements included in the passage of recent legislation (HB 1) of a special session of the Kentucky General Assembly. She noted that the certification process did not affect any employee currently in the retirement system, but did affect anyone hired after September 1, 2008. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 228 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 229 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2009-08 FOR CISCO SMARTNET AGREEMENT RENEWAL FROM PROSYS OF NICHOLASVILLE, KENTUCKY IN THE AMOUNT OF $32,265.07 Summary of Municipal Order No. 2008 - 229 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 reviewed and recommended the annual maintenance agreement, which had increased in cost 5 (Minutes-Board of Commissioners-September 16, 2008) from the previous year primarily due to the City’s wireless network. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 229 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 230 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-38 FOR WEST CAMPUS GREENWAYS CONNECTOR, PHASE I FROM SCOTTY’S CONTRACTING AND STONE, LLC OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $450,911.41 Summary of Municipal Order No. 2008 - 230 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. DeFebbo reviewed the project to expand the greenways system and recommended the bid award. City-County Planning Commission Director Steve Hunter, filling in for Greenways Coordinator Josh Moore, responded to questions regarding the bidding process, the trail system and use of asphalt for the project. Mayor Walker confirmed that there was only about $40,000 of federal grant funds remaining to be spent following the approval of this project. She asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 230 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 231 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2009-10 FOR POLICE DEPARTMENT AMMUNITION FROM CRAIG’S FIREARM SUPPLY, INC. OF KNOXVILLE, TENNESSEE IN THE AMOUNT OF $63,498.12 AND FURTHER AUTHORIZING ADDITIONAL PURCHASES UNDER THIS APPROVED BID Summary of Municipal Order No. 2008 - 231 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed and recommended the bid award, which guaranteed pricing for additional purchases during the year. Police Chief Doug Hawkins and Sergeant Kahill Flesher responded to questions regarding the type and quantity of ammunition compared to price. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 231 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 232 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2009-11 FOR A BEVERAGE PROVIDER FOR SOFT DRINK 6 (Minutes-Board of Commissioners-September 16, 2008) VENDING AND CONCESSIONS FROM PEPSI AMERICAS OF BOWLING GREEN, KENTUCKY, WITH THE ESTIMATED FIVE- YEAR VALUE OF THE CONTRACT BEING $631,547.86 Summary of Municipal Order No. 2008 - 232 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 reviewed the bidding process and recommended the contract award which provided incentives over the next five (5) years. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 232 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 233 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2008-57 FOR CELLULAR SERVICE AND EQUIPMENT FROM SPRINT SOLUTIONS, INC. OF OVERLAND PARK, KANSAS IN THE AMOUNT OF $51,567.80 Summary of Municipal Order No. 2008 - 233 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 reviewed and recommended the award for cellular service. Purchasing Agent Jennifer Portmann confirmed the ability to achieve a savings by changing service providers. Dan Shaffer of Sprint/Nextel described the process for requesting that all existing City cell phone numbers be transferred from the originator of that line. He estimated that about 20% of the numbers would not be transferable. Mr. Shaffer also remarked about the benefits in achieving even greater savings with the two-way (push-to-talk feature) service of Nextel. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 233 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 234 MUNICIPAL ORDER APPROVING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH INTERNATIONAL POLICE TECHNOLOGIES OF TULSA, OKLAHOMA UNDER THE KENTUCKY STATE PRICING CONTRACT FOR THE PURCHASE OF DIGITAL IN-CAR CAMERAS, PHASE I IN THE TOTAL AMOUNT OF $256,760 Summary of Municipal Order No. 2008 - 234 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed and recommended the equipment purchase for use by the Police Department. Mayor Walker commended staff for ending the previously approved purchasing contract 7 (Minutes-Board of Commissioners-September 16, 2008) which was not meeting the needs of Public Safety and seeking a company that would. She asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 234 was approved by unanimous vote. ORDINANCE NO. BG2008 – 49 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 31.5316 ACRES FROM AG (AGRICULTURE) AND F (GENERAL FLOOD PLAIN) TO HB (HIGHWAY BUSINESS), RM-4 (MULTI- FAMILY RESIDENTIAL) AND F (GENERAL FLOOD PLAIN) LOCATED ON CAVE MILL ROAD, WITH BINDING ELEMENTS, PRESENTLY OWNED BY CAVE MILL STATION, LLC AND DEVELOPING PARTNERS, LLC Title and summary of Ordinance No. BG2008 - 49 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. City-County Planning Commission Director Steve Hunter provided a brief overview of the recommended rezoning and associated binding elements. He also responded to questions about possible future connections of this proposed development to existing developments behind it on Pascoe Boulevard and to Thornton’s Furniture. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 49 was approved by unanimous vote. ORDINANCE NO. BG2008 – 50 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING SEVERAL TRACTS OF LAND CONTAINING 10.24 +/- ACRES FROM RM-4 (MULTI-FAMILY RESIDENTIAL), LI (LIGHT INDUSTRY), P (PUBLIC) AND HB (HIGHWAY BUSINESS) TO OP-C (OFFICE PROFESSIONAL- COMMERCIAL) AND HB (HIGHWAY BUSINESS) LOCATED NEAR U.S. 31W BYPASS, WITH BINDING ELEMENTS, PRESENTLY OWNED BY BOWLING GREEN-WARREN COUNTY COMMUNITY HOSPITAL CORPORATION, COMMONWEALTH HEALTH CORPORATION, KENTUCKY OUTPATIENT REHABILITATION FACILITY, BOWLING GREEN, INC. AND LINCOLN PARK DEVELOPMENT, LLC Title and summary of Ordinance No. BG2008 - 50 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Strow for first reading of said 8 (Minutes-Board of Commissioners-September 16, 2008) Ordinance. City-County Planning Commission Director Steve Hunter reviewed the recommended rezoning and associated binding elements, which was considered a clean-up rezoning. He also mentioned that some of the surrounding residents expressed concern at the public hearing about the loss of certain alleyways between 3rd & 4 th Avenues, 4th & 5th Avenues, and Park & Chestnut Streets. He specifically noted that some residents requested to keep the alley between Park & Chestnut Streets open for public use. During continued discussion by the Board of how to handle these alleyways, Mr. Hunter explained that the alley between 3rd & 4th Avenues never actually extended through the entire block. Mr. DeFebbo indicated that staff would follow up to determine which alleys should remain open and which should be officially closed. Once all discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 50 was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 235 MUNICIPAL ORDER APPROVING AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR THE RENTAL CONVERSION PROGRAM WITH LIVE THE DREAM, INC. Summary of Municipal Order No. 2008 - 235 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 indicated that due to additional time needed to finalize the purchase of certain properties for Phase II of the Rental Conversion Program, there was a request to extend the agreement. Housing and Community Development Director Alice Burks confirmed the extension period ended December 31, 2008. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 235 was approved by unanimous vote. ORDINANCE NO. BG2008 – 51 (First Reading) ORDINANCE RELATING TO PROPERTY TAX RATES ORDINANCE SETTING 2008 PROPERTY TAX RATES, FRANCHISE TAX RATES AND IMPROVEMENT ASSESSMENT RATES, AND SETTING FORTH GUIDELINES FOR PAYMENT, PENALTY AND INTEREST Title and summary of Ordinance No. BG2008 - 51 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 stated that the 2008 property tax rates were presented during the earlier public hearing. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. 9 (Minutes-Board of Commissioners-September 16, 2008) ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None First reading of Ordinance No. BG2008 - 51 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met in closed session at approximately 8:55 p.m. pursuant to KRS 61.810 (c) and (g) as previously approved. RECONVENE IN OPEN SESSION Once all discussion concluded in closed session, the Board of Commissioners reconvened in open session at approximately 9:10 p.m. to consider action. Motion was made by Nash and seconded by Denning to add Municipal Order No. 2008 – 236 to the agenda for consideration. With no discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Motion to add Municipal Order No. 2008 – 236 to the agenda was approved by unanimous vote. MUNICIPAL ORDER NO. 2008 – 236 MUNICIPAL ORDER APPROVING ATTORNEY/CLIENT AGREEMENT WITH RENDIGS, FRY, KIELY & DENNIS, LLP AND OTHER LAW FIRMS TO PROVIDE LEGAL SERVICES IN LITIGATION SEEKING COLLECTION OF TRANSIENT ROOM TAXES Summary of Municipal Order No. 2008 - 236 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Strow, Wilkerson, Denning and Walker Voting Nay: None Municipal Order No. 2008 - 236 was approved by unanimous vote. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 9:12 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 subjects: 1) the Small Business Development Program through the Housing Authority of 10 (Minutes-Board of Commissioners-September 16, 2008) Bowling Green; 2) the City’s revised Drug Testing Policy and recent program certification by the Kentucky Department for Worker’s Claims; and 3) Operation P.R.I.D.E., Inc. and its future funding by the City. There was consensus given by the Board to continue funding Operation P.R.I.D.E. through the remainder of Fiscal Year 2009 in accordance with the agency appropriation agreement previously approved. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL September 16, 2008, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARINGS The purpose of this public hearing is to obtain comments from citizens regarding the proposed 2008 property tax rates. The purpose of this public hearing is to review the proposed use of the Municipal Aid Program (Liquid Fuel Tax) funds, Coal Severance and Processing Tax and the Mineral Severance Tax. CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting September 2, 2008 PUBLIC COMMENTS CONSENT AGENDA: 1. Municipal Order No. 2008 – 225 Municipal Order approving the appointment of Melissa A. Rodarte to the Human Rights Commission (Filed 09/02/2008, 9:00 a.m.) REGULAR AGENDA ITEMS FOR CONSIDERATION: 2. Ordinance No. BG2008 – 47 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning a tract of land containing 2.9292 acres from HB (Highway Business) to RM-3 (Multi-Family Residential) located at the end of Kirtley Way, with binding elements, presently owned by Mike Hymer, Southern Comfort Apartments, LLC 3. Ordinance No. BG2008 – 48 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 25 (Code of Ethics) of the City of Bowling Green Code of Ordinances related to Standards of Conduct and to make other administrative changes (Agenda-September 16, 2008) 4. Municipal Order No. 2008 – 226 Municipal Order approving the probationary appointments of Jason Chad Brooks, Brad W. Caffey, David Brandon Carter, Mark Ellis Carver, Jacob Verlin Lee, Benjamin Thomas Mock, Justin Arden Reesy and Coleridge Andrew Tucker to the position of Firefighter in the Fire Department (Filed 09/09/2008, 11:30 a.m.) 5. Municipal Order No. 2008 – 227 Municipal Order approving the promotion of April Nicole Cosby to the position of Senior Staff Accountant in the Finance Department (Filed 09/10/2008, 11:00 a.m.) 6. Municipal Order No. 2008 – 228 Municipal Order authorizing specified position classifications for hazardous duty coverage under the County Employees Retirement System and requesting approval by the Kentucky Retirement Systems Board of Trustees (Filed 09/09/2008, 8:45 a.m.) 7. Municipal Order No. 2008 – 229 Municipal Order authorizing and accepting Bid #2009-08 for Cisco Smartnet Agreement Renewal from Prosys of Nicholasville, Kentucky in the amount of $32,265.07 (Filed 09/09/2008, 10:00 a.m.) 8. Municipal Order No. 2008 – 230 Municipal Order authorizing and accepting Bid #2008-38 for West Campus Greenways Connector, Phase I from Scotty’s Contracting and Stone, LLC of Bowling Green, Kentucky in the amount of $450,911.41 (Filed 09/09/2008, 11:00 a.m.) 9. Municipal Order No. 2008 – 231 Municipal Order authorizing and accepting Bid #2009-10 for Police Department ammunition from Craig’s Firearm Supply, Inc. of Knoxville, Tennessee in the amount of $63,498.12 and further authorizing additional purchases under this approved bid (Filed 09/09/2008, 3:00 p.m.) 10. Municipal Order No. 2008 – 232 Municipal Order authorizing and accepting Bid #2009-11 for a beverage provider for soft drink vending and concessions from Pepsi Americas of Bowling Green, Kentucky, with the estimated five-year value of the contract being $631,547.86 (Filed 09/10/2008, 11:30 a.m.) 2 (Agenda-September 16, 2008) 11. Municipal Order No. 2008 – 233 Municipal Order authorizing and accepting Bid #2008-57 for cellular service and equipment from Sprint Solutions, Inc. of Overland Park, Kansas in the amount of $51,567.80 (Filed 09/10/2008, 12:00 p.m.) 12. Municipal Order No. 2008 – 234 Municipal Order approving a contract through noncompetitive negotiations with International Police Technologies of Tulsa, Oklahoma under the Kentucky State Pricing Contract for the purchase of digital in-car cameras, Phase I in the total amount of $256,760 (Filed 09/10/2008, 12:00 p.m.) 13. Ordinance No. BG2008 – 49 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 31.5316 acres from AG (Agriculture) and F (General Flood Plain) to HB (Highway Business), RM-4 (Multi-Family Residential) and F (General Flood Plain) located on Cave Mill Road, with binding elements, presently owned by Cave Mill Station, LLC and Developing Partners, LLC (Filed 09/02/2008, 3:30 p.m.) 14. Ordinance No. BG2008 – 50 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning several tracts of land containing 10.24 +/- acres from RM-4 (Multi-Family Residential), LI (Light Industry), P (Public) and HB (Highway Business) to OP-C (Office Professional-Commercial) and HB (Highway Business) located near U.S. 31W Bypass, with binding elements, presently owned by Bowling Green-Warren County Community Hospital Corporation, Commonwealth Health Corporation, Kentucky Outpatient Rehabilitation Facility, Bowling Green, Inc. and Lincoln Park Development, LLC (Filed 09/02/2008, 3:30 p.m.) 15. Municipal Order No. 2008 – 235 Municipal Order approving amendment to the Subrecipient Agreement for the Rental Conversion Program with Live the Dream, Inc. (Filed 08/28/2008, 8: 55 a.m.) 16. Ordinance No. BG2008 – 51 ORDINANCE RELATING TO PROPERTY TAX RATES (First Reading) Ordinance setting 2008 property tax rates, franchise tax rates and improvement assessment rates, and setting forth guidelines for payment, penalty and interest (Filed 09/10/2008, 9:15 a.m.) NEXT SCHEDULED MEETING October 7, 2008 ADJOURNMENT 3

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