Board of Commissioners
Regular MeetingBowling Green, KY · September 16, 2008
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:
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(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
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(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.
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(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
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(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
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(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
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(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
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(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.
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(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
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(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
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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.)
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(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
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