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Board of Commissioners

Regular Meeting

Bowling Green, KY · August 16, 2011

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held AUGUST 16, 2011 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 August 16, 2011. Mayor Joe W. Denning called the meeting to order. An invocation was given by Commissioner Bruce Wilkerson, 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 Bruce Wilkerson, Commissioner Melinda M. Hill, Commissioner Brian “Slim” Nash, Commissioner Bill Waltrip and Mayor Joe W. Denning. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Operation P.R.I.D.E. Executive Director Ray Lackey presented P.R.I.D.E.’s residential award to Joe and Joslyn Klein for improvements made to their property located at 804 Edgewood Drive. Mr. Klein expressed the family’s appreciation for the recognition. Mr. Lackey also invited everyone to see the new fence that was installed out Louisville Road and he remarked that they were seeking more sponsorships for the improvements. In addition, Mr. Lackey commented about the recommended Operation P.R.I.D.E. board appointment included on the agenda. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion about proposed litigation against the City. Motion was made by Wilkerson and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (1) (c). Denning called for roll call vote. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (c) was approved by unanimous vote. Mr. DeFebbo also requested the addition of Municipal Order No. 2011 – 167 (related to Municipal Order No. 2011 – 164, item number 15) to the agenda for consideration by the Board. Motion was made by Wilkerson and seconded by Waltrip to add Municipal Order No. 2011 – 167 to the end of the regular agenda. Denning called for roll call vote. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Motion to add Municipal Order No. 2011 – 167 to the agenda was approved by unanimous vote. STAFF REPORT ON FIREWORKS As previously requested by the Board of Commissioners, Mr. DeFebbo presented staff recommendations regarding revisions to the fireworks regulations. He provided an overview of the issue including the sale and use of fireworks and the State imposed 200 foot rule. To accommodate the 200 foot requirement and to still be able to use fireworks within the City, he suggested two possible options: 1) provide designated, pre-determined public discharge areas that met the 200 foot rule; or 2) provide individual ad-hoc permits to the approximate 10% of residents that could provide proof that *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-August 16, 2011) their property met the requirement. However, he indicated that neither option solved the real problem or appealed to most interests. In order to achieve accommodation and balance regarding the concerns expressed from both sides of the issue regarding the recently adopted fireworks regulations, Mr. DeFebbo recommended the following: • Continue to allow the sale of all classes of fireworks; • Limit the discharge of fireworks to nine total days in the year, June 27th through July 5th; • Establish a permitting process for fireworks discharge on other days, limited to four hours on any permitted day that could not extend past 9:00 p.m. nor begin before 12:00 p.m. (noon), and require proof that the discharge would only take place in areas that met the 200 foot requirement; • Allow fireworks to be discharged between 12:00 p.m. (noon) to 10:00 p.m. on the seven days prior to and day after the 4th of July, and extend the time to 11:00 p.m. on the actual 4th of July holiday; • Focus enforcement primarily on the violation of discharge days and times, the response to direct citizen complaints involving violations of unsafe fireworks practices and on any fire threats; • Develop and initiate an educational campaign about how to safely and properly discharge fireworks; and, • Extend the distance that fireworks stands/tents could be located near gas pumps from 50 feet to 100 feet. Mr. DeFebbo outlined each alternative proposed to improve current regulations and explained that three draft ordinances had been prepared and provided that addressed variations of the recommended changes. City Attorney Gene Harmon stated that the sale of fireworks was not addressed in any of the three drafts. He reviewed the differences between the drafts and responded to questions. Mr. DeFebbo reiterated that it was up to the Board of Commissioners to determine which proposal fit the community best. Comm. Waltrip commented that he would prefer not to make any decisions at this meeting to allow more time for careful consideration. He admitted that he had not completely made up his mind and that he was struggling with the 200 foot rule imposed by statute leaving little opportunity to legally discharge fireworks within the City limits. In agreement, Comm. Nash also indicated that with Ordinance No. BG2011 - 36 already on the agenda to suspend the use of fireworks at least until November 1st, there was no need to rush to make a decision. He specified that the ordinance would become effective Friday, August 5, 2011 following its official publication. Anthony Moore of 3365 Fair Oaks Circle expressed concerns with people shooting off fireworks in residential neighborhoods which did not meet the 200 foot requirement. He remarked that a recent misfire caused a fire to ignite on his property. Although no major damage was caused, he asserted that it should not be allowed. Mr. Moore urged the Board to consider designating areas where fireworks could be safely used away from subdivisions. Mayor Denning stated he concurred with Commissioners Waltrip and Nash. He indicated that the issue was very confusing and that the Board needed to make sure its final decision would be the best that could be done. Mayor Denning surmised all were in agreement that something needed to be done to address the two biggest problems, which included the state imposed 200 foot requirement and the permissible timeframe that fireworks could be discharged. 2 (Minutes-Board of Commissioners-August 16, 2011) APPROVAL OF MINUTES Minutes of Regular Meeting August 2, 2011 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Nash and seconded by Wilkerson to approve said minutes as written. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Motion to approve the minutes of the regular meeting of August 2, 2011 was approved by unanimous vote. PUBLIC COMMENTS Mayor Denning opened the floor for any public comments and there were none. REGULAR AGENDA ORDINANCE NO. BG2011 – 35 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TRACTS OF LAND CONTAINING 5.57 ACRES FROM OP-C (OFFICE AND PROFESSIONAL – COMMERCIAL), HB (HIGHWAY BUSINESS) AND RM-4 (MULTI- FAMILY RESIDENTIAL) TO OP-C (OFFICE AND PROFESSIONAL - COMMERCIAL) LOCATED AT 126, 134, 144, 148 AND 150 CHESTNUT STREET, 610, 622 AND 624 2ND AVENUE EAST, AND 201 PARK STREET, PRESENTLY OWNED BY CLINIC BUILDING BG, LLC, ET AL Title and summary of Ordinance No. BG2011 - 35 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for second reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Ordinance No. BG2011 - 35 was adopted by unanimous vote. ORDINANCE NO. BG2011 – 36 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 15 (BUSINESS AND GENERAL REGULATIONS), SUBCHAPTER 15-5 (STORAGE, SALE AND USE OF FIREWORKS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO LIMIT THE MONTHS DURING WHICH CONSUMER FIREWORKS MAY BE DISCHARGED IN THE CITY 3 (Minutes-Board of Commissioners-August 16, 2011) Title and summary of Ordinance No. BG2011 - 36 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for second reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Ordinance No. BG2011 - 36 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2011 – 154 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF REV. FREDDIE BROWN, WATHETTA BUFORD, MELISSA RODARTE AND CLAY SMALLEY AND THE APPOINTMENT OF MATT EDWARDS TO THE HUMAN RIGHTS COMMISSION Summary of Municipal Order No. 2011 - 154 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 154 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 155 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF BRIAN “SLIM” NASH TO THE GREENWAYS COMMISSION OF BOWLING GREEN AND WARREN COUNTY Summary of Municipal Order No. 2011 - 155 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Waltrip and Denning Voting Nay: None Abstaining: Nash Municipal Order No. 2011 - 155 was approved by majority vote. MUNICIPAL ORDER NO. 2011 – 156 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF BAYNE MILLION TO THE OPERATION P.R.I.D.E. BOARD OF DIRECTORS Summary of Municipal Order No. 2011 - 156 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. Comm. Nash commented about the contributions that Mr. Million has made to the community and provided special recognition for his services and dedication in the area of social services. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 156 was approved by unanimous vote. 4 (Minutes-Board of Commissioners-August 16, 2011) MUNICIPAL ORDER NO. 2011 – 157 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF JOE GENTRY TO THE BOWLING GREEN-WARREN COUNTY MILITARY LIAISON BOARD Summary of Municipal Order No. 2011 - 157 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Wilkerson for consideration of said Municipal Order. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 157 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 158 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF MIKE HOLIAN TO THE CITY OF BOWLING GREEN BOARD OF ETHICS Summary of Municipal Order No. 2011 - 158 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. Mayor Denning recommended the appointment and asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 158 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 159 MUNICIPAL ORDER APPROVING THE PROMOTION OF TIMOTHY J. KICKERT TO THE POSITION OF PARKS MAINTENANCE SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2011 - 159 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Hill for consideration of said Municipal Order. In recommending the promotion, Parks and Recreation Director Ernie Gouvas reviewed Mr. Kickert’s qualifications and initiative to take on more responsibility. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 159 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 160 MUNICIPAL ORDER APPROVING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH OFFICEWARE OF LEXINGTON, KENTUCKY UNDER THE UNIVERSITY OF KENTUCKY (UK) PRICING CONTRACT FOR THE PURCHASE OF FOUR (4) LANIER COPIERS AND ONE (1) CANON COPIER IN THE TOTAL AMOUNT OF $49,795 5 (Minutes-Board of Commissioners-August 16, 2011) Summary of Municipal Order No. 2011 - 160 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 indicated that the City was allowed to piggyback onto another governmental purchasing contract. He reviewed and recommended the purchase to replace copiers at five locations. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 160 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 161 MUNICIPAL ORDER APPROVING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH CISCO SYSTEMS, INC. UNDER THE UNIVERSITY OF KENTUCKY (UK) PRICING CONTRACT THROUGH JBK NETWORK CONSULTING OF BOWLING GREEN, KENTUCKY FOR THE PURCHASE OF CISCO SWITCH EQUIPMENT IN THE AMOUNT OF $355,870.81, AND ACCEPTING CISCO SMARTNET MAINTENANCE RENEWAL FROM JBK NETWORK CONSULTING IN THE AMOUNT OF $39,225 Summary of Municipal Order No. 2011 - 161 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Wilkerson for consideration of said Municipal Order. Similar with the previous item, Mr. DeFebbo reviewed and recommended the purchase using the UK pricing contract and the renewal of maintenance on the equipment not being replaced. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 161 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 162 MUNICIPAL ORDER APPROVING THE PURCHASE OF A REEL GRINDER AND BED KNIFE SHARPENER IN THE AMOUNT OF $38,674 BY NONCOMPETITIVE NEGOTIATIONS FROM JOHN DEERE COMPANY UNDER THE KENTUCKY STATE PRICING CONTRACT THROUGH GREENVILLE TURF AND TRACTOR OF MURFREESBORO, TENNESSEE; AND FURTHER AUTHORIZING THE 60 MONTH FINANCING FOR THE PURCHASE WITH BRANCH BANKING & TRUST (BB&T) Summary of Municipal Order No. 2011 - 162 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 explained that the purchase of this equipment would aid in the on-going mowing needs for the three golf courses and the cost would be amortized over a five-year period. With regard to the discussion during the earlier work session about local vendor preference, Comm. Waltrip asked if the equipment could be purchased from the local John Deere dealer. Golf 6 (Minutes-Board of Commissioners-August 16, 2011) Maintenance Superintendent Tony Whitmer responded that the local dealer did not carry this specialized equipment. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 162 was approved by unanimous vote. ORDINANCE NO. BG2011 – 37 (First Reading) ORDINANCE CREATING INTERLOCAL AGREEMENT WITH WARREN COUNTY ORDINANCE CREATING AND APPROVING INTERLOCAL COOPERATION AGREEMENT WITH WARREN COUNTY RELATED TO PUBLIC SAFETY MOBILE RADIO COMMUNICATIONS SYSTEM Title and summary of Ordinance No. BG2011 - 37 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for first reading of said Ordinance. With the existing radio system quickly aging out, Mr. DeFebbo indicated that a small committee made up of a couple representatives from both the City and County have been addressing the issues and developing plans for the system’s eventual replacement. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None First reading of Ordinance No. BG2011 - 37 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 163 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF THE PARKER - BENNETT LEASE AGREEMENT WITH THE HOUSING AUTHORITY OF BOWLING GREEN, KENTUCKY Summary of Municipal Order No. 2011 - 163 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for consideration of said Municipal Order. DeFebbo recounted that improvements to the Parker-Bennett Community Center were discussed last month during a public hearing regarding the reallocation of Community Development Block Grant (CDBG) funds. In the process of gathering information for those improvements, he reported it was discovered that the 20-year lease agreement expired in July and needed to be renewed. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 163 was approved by unanimous vote. ORDINANCE NO. BG2011 – 38 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 0.774 ACRE FROM HB (HIGHWAY BUSINESS) TO RM-4 (MULTI- 7 (Minutes-Board of Commissioners-August 16, 2011) FAMILY RESIDENTIAL) LOCATED AT 300 SEYMOUR DRIVE, WITH BINDING ELEMENTS, PRESENTLY OWNED BY CHARLES AND BARBARA ENGLISH Title and summary of Ordinance No. BG2011 - 38 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for first reading of said Ordinance. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None First reading of Ordinance No. BG2011 - 38 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 164 MUNICIPAL ORDER ADOPTING MODERN AND ACCURATE LEGAL DESCRIPTION OF TERRITORY PREVIOUSLY ANNEXED BY ORDINANCE Summary of Municipal Order No. 2011 - 164 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reported the City was recently notified by the Secretary of State’s office that it was using new ways for updating records. As a matter of recordkeeping, he recommended approval of the updated legal description and map for the previously adopted annexation Ordinance No. BG85-4. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 164 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 165 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN GREYSTONE SUBDIVISION, SECTION V Summary of Municipal Order No. 2011 - 165 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 remarked this was a normal housekeeping item to accept maintenance under the City’s domain. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 165 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 166 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE KENTUCKY TRANSPORTATION CABINET AND THE CITY OF BOWLING GREEN FOR TRANSPORTATION ENHANCEMENT FUNDS 8 (Minutes-Board of Commissioners-August 16, 2011) Summary of Municipal Order No. 2011 - 166 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 reported that in 2006, the City received $368,000 in grant funds for a greenways project. Since not all funds were expended to date, he indicated the State gave permission to extend the grant agreement until June 30, 2012 for expenditure of the remaining funds in the amount of $33,990.29. Mayor Denning asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 166 was approved by unanimous vote. MUNICIPAL ORDER NO. 2011 – 167 MUNICIPAL ORDER ADOPTING MODERN AND ACCURATE LEGAL DESCRIPTION OF TERRITORY PREVIOUSLY ANNEXED BY ORDINANCE Summary of Municipal Order No. 2011 - 167 was read by the Assistant City Manager/City Clerk. Motion was made by Wilkerson and seconded by Nash for consideration of said Municipal Order. In conjunction with Municipal Order No. 2011 – 164, Ms. Schaller clarified that this item provided an updated legal description and map for the previously adopted annexation Ordinance No. BG86-55. Mayor Denning asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Wilkerson, Hill, Nash, Waltrip and Denning Voting Nay: None Municipal Order No. 2011 - 167 was approved by unanimous vote. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 7:40 p.m. in closed session pursuant to KRS 61.810 (1) (c) as previously approved. Mr. DeFebbo stated that no action would follow the discussion. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 8:05 p.m., Mayor Denning 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) a proposal by Comm. Nash for local vendor preference in bidding; 2) a proposed African- American Museum with request for one-time funding up to $123,000 from the City; 3) Stormwater Mitigation Program projects prioritized for FY2012 including Glen Lily/Audobon and Smallhouse/Ridgecrest Intersection both estimated to cost $225,000 each, and an update regarding the FY2011 projects including South Park Drive, Stubbins Street and the Covington/Batsel Sink project with three alternate proposals; and 4) a recommendation from Public Works for a list of supplemental streets to be added to the FY2011 Overlay bid contract. A consensus of the Board of Commissioners was given to support funding the museum and to request the City Manager to find the money that could 9 (Minutes-Board of Commissioners-August 16, 2011) be used for the one-time payment. A majority of the Board also expressed support to proceed with Alternate #1 for the Covington/Batsel Sink project with an estimated price tag of $419,000 and which would hold the largest capacity of water during a storm event (up to a 60-year flood). 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 August 16, 2011, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS Discuss staff recommendation related to the use and sale of fireworks in the City. APPROVAL OF MINUTES Regular Meeting August 2, 2011 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Ordinance No. BG2011 – 35 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning tracts of land containing 5.57 acres from OP- C (Office and Professional – Commercial), HB (Highway Business) and RM-4 (Multi-Family Residential) to OP-C (Office and Professional - Commercial) located at 126, 134, 144, 148 and 150 Chestnut Street, 610, 622 and 624 2nd Avenue East, and 201 Park Street, presently owned by Clinic Building BG, LLC, et al 2. Ordinance No. BG2011 – 36 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 15 (Business and General Regulations), Subchapter 15-5 (Storage, Sale and Use of Fireworks) of the City of Bowling Green Code of Ordinances to limit the months during which consumer fireworks may be discharged in the City 3. Municipal Order No. 2011 – 154 Municipal Order approving the reappointments of Rev. Freddie Brown, Wathetta Buford, Melissa Rodarte and Clay Smalley and the appointment of Matt Edwards to the Human Rights Commission (Filed 07/27/2011, 2:45 p.m.) (Agenda-August 16, 2011) 4. Municipal Order No. 2011 – 155 Municipal Order approving the appointment of Brian “Slim” Nash to the Greenways Commission of Bowling Green and Warren County (Filed 08/04/2011, 8:00 a.m.) 5. Municipal Order No. 2011 – 156 Municipal Order approving the appointment of Bayne Million to the Operation P.R.I.D.E. Board of Directors (Filed 08/04/2011, 10:00 a.m.) 6. Municipal Order No. 2011 – 157 Municipal Order approving the appointment of Joe Gentry to the Bowling Green-Warren County Military Liaison Board (Filed 08/09/2011, 2:00 p.m.) 7. Municipal Order No. 2011 – 158 Municipal Order approving the appointment of Mike Holian to the City of Bowling Green Board of Ethics (Filed 08/09/2011, 3:00 p.m.) 8. Municipal Order No. 2011 – 159 Municipal Order approving the promotion of Timothy J. Kickert to the position of Parks Maintenance Supervisor in the Parks and Recreation Department (Filed 08/10/2011, 1:30 p.m.) 9. Municipal Order No. 2011 – 160 Municipal Order approving a contract through noncompetitive negotiations with Officeware of Lexington, Kentucky under the University of Kentucky Pricing Contract for the purchase of four (4) Lanier copiers and one (1) Canon copier in the total amount of $49,795 (Filed 08/02/2011, 7:45 a.m.) 10. Municipal Order No. 2011 – 161 Municipal Order approving a contract through noncompetitive negotiations with Cisco Systems, Inc. under the University of Kentucky Pricing Contract through JBK Network Consulting of Bowling Green, Kentucky for the purchase of Cisco Switch equipment in the amount of $355,870.81, and accepting Cisco Smartnet maintenance renewal from JBK Network Consulting in the amount of $39,225 (Filed 08/04/2011, 11:00 a.m.) 11. Municipal Order No. 2011 – 162 Municipal Order approving the purchase of a reel grinder and bed knife sharpener in the amount of $38,674 by noncompetitive negotiations from John Deere Company under the Kentucky State Pricing Contract through Greenville Turf and Tractor of Murfreesboro, Tennessee; and further authorizing the 60 month financing for the purchase with Branch Banking & Trust (BB&T) (Filed 08/03/2011, 1:30 p.m.) 2 (Agenda-August 16, 2011) 12. Ordinance No. BG2011 – 37 ORDINANCE CREATING INTERLOCAL AGREEMENT (First Reading) WITH WARREN COUNTY Ordinance creating and approving Interlocal Cooperation Agreement with Warren County related to Public Safety Mobile Radio Communications System (Filed 08/09/2011, 9:00 a.m.) 13. Municipal Order No. 2011 – 163 Municipal Order approving and authorizing the execution of the Parker - Bennett Lease Agreement with the Housing Authority of Bowling Green, Kentucky (Filed 08/09/2011, 11:15 a.m.) 14. Ordinance No. BG2011 – 38 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 0.774 acre from HB (Highway Business) to RM-4 (Multi-Family Residential) located at 300 Seymour Drive, with binding elements, presently owned by Charles and Barbara English (Filed 08/01/2011, 10:45 a.m.) 15. Municipal Order No. 2011 – 164 Municipal Order adopting modern and accurate legal descriptions of territory previously annexed by ordinance (Filed 08/08/2011, 1:45 p.m.) 16. Municipal Order No. 2011 – 165 Municipal Order approving construction and accepting maintenance of various streets in Greystone Subdivision, Section V (Filed 08/09/2011, 3:00 p.m.) 17. Municipal Order No. 2011 – 166 Municipal Order approving and authorizing the Mayor to execute an amendment to the Grant Agreement between the Kentucky Transportation Cabinet and the City of Bowling Green for Transportation Enhancement funds (Filed 08/10/2011, 10:45 a.m.) NEXT SCHEDULED MEETING September 6, 2011 ADJOURNMENT 3

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