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Board of Commissioners

Regular Meeting

Bowling Green, KY · October 16, 2012

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held OCTOBER 16, 2012 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 October 16, 2012. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Commissioner Melinda Hill, 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 Melinda M. Hill, Commissioner Brian “Slim” Nash, Commissioner Bill Waltrip and Mayor Bruce Wilkerson. Absent: Commissioner Joe W. Denning. There was a quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Wilkerson congratulated the Public Works Department for their efforts in achieving two Project of the Year Awards from the American Public Works Association (APWA) – Old Morgantown Road Rehabilitation Project won the Roadway category and South Park Drainage Improvements won the Stormwater category. Holly Lewis, representing the Office of U.S. Senator Mitch McConnell, presented the City of Bowling Green with a letter from Senator McConnell, which was read into the record as follows: Dear Citizens of Bowling Green, Congratulations as you celebrate the Bicentennial of the City of Bowling Green. Settled by America’s earliest pioneers in the late 18th century and named after Bowling Green Square in New York City, Bowling Green was incorporated in 1812. Over the last two centuries, the people of Bowling Green have upheld the rich traditions and legacy of those pioneers and exemplified the very best of what Kentucky has to offer. You have kept Kentucky’s history alive and you represent our future. My best wishes for a successful and happy Bicentennial celebration. Sincerely, Mitch McConnell United States Senate Mayor Wilkerson also commented about a delegation from the sister city of Kawanishi, Japan who recently visited (October 11th-14th) and had presented Bowling Green with several gifts that were displayed in the Commission Chamber. CITY MANAGER City Manager Kevin D. DeFebbo had no comments at this time. *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-October 16, 2012) APPROVAL OF MINUTES Minutes of Regular Meeting October 2, 2012 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Hill and seconded by Nash to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of October 2, 2012 was approved by unanimous vote. PUBLIC COMMENTS Field Supervisor Juan Pena of the Kentucky Human Rights Commission outlined a recommendation of the Kentucky Fair Housing Task Force which recently met in Bowling Green. He indicated that the Task Force was established to help identify impediments to fair housing and was encouraging local governments across the state to pass the Uniform Residential Landlord and Tenant Act (URLTA). Mr. Pena also reported the U.S. Department of Housing and Urban Development (HUD) added LGBTs (lesbians, gays, bisexuals and transgenders) to housing rules increasing protection against housing discrimination based on sexual orientation. Kyle Chafin with Lexington Fair Housing Council, a private non-profit entity that investigates housing complaints throughout the Commonwealth, also encouraged the passage of URLTA because it provides detailed policies and procedures of responsibilities on both the landlord and the tenant. Dana Beasley-Brown, a member of Kentuckians for the Commonwealth (a state-wide grassroots community organization) and a resident of Bowling Green, illustrated the need for URLTA by giving an example of a disabled mother on a fixed income who recently received notice of eviction and was only given 10 days to vacate from her apartment, which was not adequate time to be able to find other housing. Ms. Brown thanked the Task Force for its work and recommendations to help address discrimination in fair housing. Mayor Wilkerson suggested the use of the Bowling Green Human Rights Commission to assist with working through such fair housing issues. He explained that if determined to be important enough to do so, a member of the Human Rights Commission could contact one of the elected officials to request sponsorship of an item to be placed on an agenda for consideration by the Board of Commissioners. REGULAR AGENDA MUNICIPAL ORDER NO. 2012 – 184 MUNICIPAL ORDER APPROVING THE APPOINTMENTS OF DR. GARY VERST AND CHRIS PALMER TO THE BOWLING GREEN COMMUNITY TREE ADVISORY BOARD Summary of Municipal Order No. 2012 - 184 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. 2 (Minutes-Board of Commissioners-October 16, 2012) Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 184 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 185 MUNICIPAL ORDER APPROVING THE PROMOTION OF RYAN C. BURNAM TO THE POSITION OF POLICE SERGEANT IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2012 - 185 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. Police Chief Doug Hawkins commented about Officer Burnam’s skills and reviewed his qualifications and abilities for promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 185 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 186 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF CARRIE L. CRAWFORD, JOSHUA G. STILES AND LEEOR A. YOUNG TO THE POSITION OF COMMUNICATIONS DISPATCHER IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2012 - 186 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. DeFebbo reviewed the application and testing process, and the candidates recommended for appointment. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 186 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 187 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF SABRINA E. JOHNSON TO THE POSITION OF COMMUNITY CENTER COORDINATOR AND JENNA M. SMITH TO THE POSITION OF SPECIAL POPULATIONS INSTRUCTOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2012 - 187 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. 3 (Minutes-Board of Commissioners-October 16, 2012) DeFebbo reviewed and recommended the two appointments. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 187 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 188 MUNICIPAL ORDER APPROVING THE CAREER PATH ADVANCEMENT OF JEFFERY S. SALINGS TO THE POSITION OF OPERATIONS TECHNICIAN II IN THE PUBLIC WORKS DEPARTMENT Summary of Municipal Order No. 2012 - 188 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for consideration of said Municipal Order. Public Works Director Jeff Lashlee reviewed the qualifications and requirements for the recommended promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 188 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 189 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2013-11 FOR HEWLETT PACKARD SERVER EQUIPMENT FROM ALINC TECHNOLOGIES, LLC OF AUSTIN, TEXAS IN THE AMOUNT OF $27,305 Summary of Municipal Order No. 2012 - 189 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. DeFebbo indicated that the purchase of servers was part of the Enroute Software upgrade currently in process. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 189 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 190 MUNICIPAL ORDER AUTHORIZING THE CONTINUATION OF SOFTWARE SUBSCRIPTION AND MAINTENANCE SERVICES FROM OPEN TEXT, INC. IN THE AMOUNT OF $26,126.02 Summary of Municipal Order No. 2012 - 190 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Nash for consideration of said Municipal Order. DeFebbo reviewed and recommended the on-going maintenance services as a sole source purchase. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. 4 (Minutes-Board of Commissioners-October 16, 2012) ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 190 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 191 MUNICIPAL ORDER AUTHORIZING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH JAMES R. ADAMS AND ASSOCIATES OF BOWLING GREEN, KENTUCKY FOR THE COMPLETION OF THE SIGN INVENTORY AND RETRO- REFLECTIVITY PROJECT IN THE AMOUNT OF $41,964 Summary of Municipal Order No. 2012 - 191 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. DeFebbo recommended approval of the contract for professional services in the City’s efforts to meet federal regulatory standards for sign mapping and retro-reflectivity. Mayor Wilkerson noted that Mr. Adams had already completed a smaller portion of the project as a “pilot project” which helped to establish the best process to undertake for full compliance. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 191 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 192 MUNICIPAL ORDER ACCEPTING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE CITY OF BOWLING GREEN WITH THE KENTUCKY JUSTICE AND PUBLIC SAFETY CABINET FOR FEDERAL VICTIMS OF CRIME ACT (VOCA) 2012 FUNDS IN THE AMOUNT OF $35,978 Summary of Municipal Order No. 2012 - 192 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Waltrip for consideration of said Municipal Order. DeFebbo recommended the acceptance of grant funds for the twentieth year of the program. Mayor Wilkerson thanked Victim Advocate April Fulcher for her service in this position. Comm. Nash also expressed appreciation and support for all the assistance that Ms. Fulcher provides to those in need. With no additional discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 192 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 193 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF RIVER BEND LANDING SUBDIVISION, SECTION III 5 (Minutes-Board of Commissioners-October 16, 2012) Summary of Municipal Order No. 2012 - 193 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. With all required specifications met, DeFebbo recommended acceptance of 0.32 mile of roadway into the City’s street maintenance program. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 193 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 194 MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO GRANT AGREEMENTS FOR SELECT NEIGHBORHOOD ACTION PROGRAM (SNAP) GRANTS WITH VARIOUS NEIGHBORHOODS Summary of Municipal Order No. 2012 - 194 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Nash for consideration of said Municipal Order. DeFebbo explained the creative program which provided funds to neighborhoods to help make various improvements. Neighborhood Services Coordinator Karen Foley indicated that this was the first year when there was more money budgeted than projects requested to fund. She recommended full funding for the six projects submitted. Because there was funding still available, Comm. Waltrip inquired if a second round of applications would be accepted. Ms. Foley responded by outlining the current requirements and the possibility of other options regarding the use of the remaining funds, which was yet to be determined. Mayor Wilkerson confirmed the project match and cap requirements. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 194 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 195 MUNICIPAL ORDER APPROVING AN AMENDMENT TO THE GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR 2009 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FUNDS, AND AUTHORIZING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS WITH MOTOROLA OF SCHAUMBURG, ILLINOIS UNDER KENTUCKY STATE PRICING FOR THE PURCHASE OF ADDITIONAL MOTOROLA RADIOS AND EQUIPMENT IN THE TOTAL AMOUNT NOT TO EXCEED $59,500 FOR THE FIRE DEPARTMENT Summary of Municipal Order No. 2012 - 195 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. DeFebbo reviewed the previous grant award and the use of residual funds, with a 20% match from the 6 (Minutes-Board of Commissioners-October 16, 2012) Fire Improvement Fund, to assist with the purchase of additional P25 (digital ready) radios and equipment for the Fire Department. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 195 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 196 MUNICIPAL ORDER APPROVING AND AUTHORIZING CONTRACTS WITH MORGAN KEEGAN & COMPANY, INC. AND J.J.B. HILLIARD, W.L. LYONS, LLC TO SERVE AS FINANCIAL ADVISORS FOR THE CITY OF BOWLING GREEN RELATED TO THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,455,000 AND GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,215,000 Summary of Municipal Order No. 2012 - 196 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. DeFebbo detailed the ability to refinance several pieces of debt to save approximately $400,000 through Fiscal Year 2020. Mayor Wilkerson affirmed that refinancing would not extend the life of the debt. Chief Financial Officer Jeff Meisel commented about the two financial firms working together to enter the bond market at one time to achieve the greatest impact. He also explained the ability to take full advantage of the City’s $10 million in bank-qualified loan status to obtain even better interest rates on the new issues. Mayor Wilkerson commended staff for their efforts to be as efficient as possible with the City’s money and to recognize when the time was right to act in bringing these options forward. Mr. Meisel noted that he would be proposing an early payoff of the 14th Avenue debt issue in the next Budget Amendment, as well as continuing to watch when an advance refunding of the 2007 bond issue could be brought forward for additional savings. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 196 was approved by unanimous vote. ORDINANCE NO. BG2012 – 38 (First Reading) ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AN ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY AUTHORIZING THE ISSUANCE OF (I) CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,455,000 FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION BONDS, 7 (Minutes-Board of Commissioners-October 16, 2012) SERIES 2002A, REFUNDING A PORTION OF THE OUTSTANDING CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2004A AND REFUNDING THE OUTSTANDING MASTER LEASE-PURCHASE AGREEMENT DATED AS OF AUGUST 31, 2007 BETWEEN CHASE EQUIPMENT LEASING INC. AND THE CITY, THE PROCEEDS OF WHICH FINANCINGS IN TURN FINANCED THE COSTS OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF VARIOUS PUBLIC PROJECTS IN THE CITY, AND (II) CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,215,000 FOR THE PURPOSE OF REFUNDING THE OUTSTANDING MASTER LEASE-PURCHASE AGREEMENT DATED AS OF OCTOBER 7, 2010 BETWEEN CHASE EQUIPMENT FINANCE, INC. AND THE CITY AND THE OUTSTANDING LEASE AGREEMENT DATED AS OF JUNE 30, 2005 BETWEEN BRANCH BANKING AND TRUST COMPANY AND THE CITY, THE PROCEEDS OF WHICH IN TURN FINANCED THE COSTS OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF VARIOUS PUBLIC PROJECTS IN THE CITY; APPROVING THE FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS FOLLOWING THE ADVERTISED SALE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES Title and summary of Ordinance No. BG2012 - 38 was read by the Assistant City Manager/City Clerk. Motion was made by Nash and seconded by Hill for first reading of said Ordinance. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None First reading of Ordinance No. BG2012 - 38 was approved by unanimous vote. MUNICIPAL ORDER NO. 2012 – 197 MUNICIPAL ORDER APPROVING THE ADVERTISEMENT FOR BIDS AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,455,000 AND CITY OF BOWLING 8 (Minutes-Board of Commissioners-October 16, 2012) GREEN, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,215,000 Summary of Municipal Order No. 2012 - 197 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash, Waltrip and Wilkerson Voting Nay: None Municipal Order No. 2012 - 197 was approved by unanimous vote. ORDINANCE NO. BG2012 – 39 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 1.56 ACRES FROM RM-3 (MULTI-FAMILY RESIDENTIAL) TO GB (GENERAL BUSINESS) LOCATED AT 603 OLD MORGANTOWN ROAD, PRESENTLY OWNED BY PSM ENTERPRISES, LTD WITH REDO SALKIC AS CONTRACT VENDEE Title and summary of Ordinance No. BG2012 - 39 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for first reading of said Ordinance. Comm. Nash expressed concern about the location of this zone change and the proposed use of the lot as a grocery store being in the middle of an older residential neighborhood. City- County Planning Commission Director Steve Hunter explained that the area was a mix of zoning types which was permitted under the old Comprehensive Plan provided it was considered compatible. In addition, he pointed out that the actual land use map identified other uses. Mr. Hunter reported that the zoning applicant met all 17 policies in question and the Planning Commission felt it was incompliance with the 1990 Comprehensive Plan (this application was filed and considered under the old version). However, he noted that moving forward under the new Comprehensive Plan which took effect September 2012, zoning changes would be determined based on the Future Land Use Map. Comm. Waltrip inquired about the operating and delivery hours for the business and whether or not those could be set by binding element. Mr. Hunter responded that there was discussion about the hours of operation at the public hearing but there was no commitment made by the applicant to set the hours. Comm. Waltrip expressed concern about the lack of commitment. City Attorney Gene Harmon advised that if a majority of the Board of Commissioners did not support the recommended rezoning, then the Board would have to reject the zone change by making its own independent findings of fact and conclusions which were different from the Planning Commission’s determination. He suggested that the ordinance could be tabled to allow the parties involved time to speak at the next Board meeting to address the voiced concerns. Mr. Hunter commented that he would be glad to speak to the applicant about the possibility of adding provisions to the binding elements or to consider withdrawing the case and re-filing under the new Comprehensive Plan. 9 (Minutes-Board of Commissioners-October 16, 2012) On behalf of a requesting citizen, Comm. Waltrip asked that the Planning Commission start providing the names of all the principals involved in a zoning case when the applicant is listed under a company name. Mr. Hunter agreed to provide the information in more detail and would consider tweaking the application form to make it easier. Following further discussion to clarify the issues, a motion was made by Nash, seconded by Waltrip, to table Ordinance No. BG2012 – 39 until the next meeting of the Board of Commissioners in an effort to request the applicant to consider additional provisions to the binding elements which would alleviate some concerns about the encroachment of a commercial development into a residential area. Once the discussion concluded, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Nash and Waltrip Voting Nay: Wilkerson Motion to table first reading of Ordinance No. BG2012 - 39 until the November 20th meeting of the Board of Commissioners was approved by majority vote. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 8:20 p.m., Mayor Wilkerson declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners, excluding Commissioner Joe W. Denning, convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subjects: 1) presentation and update relating to the City of Bowling Green Language Access Plan; and 2) the City’s Nuisance Wildlife Policy written in draft format. 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 October 16, 2012, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting October 2, 2012 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Municipal Order No. 2012 – 184 Municipal Order approving the appointments of Dr. Gary Verst and Chris Palmer to the Bowling Green Community Tree Advisory Board (Filed 10/08/2012, 8:10 a.m.) 2. Municipal Order No. 2012 – 185 Municipal Order approving the promotion of Ryan C. Burnam to the position of Police Sergeant in the Police Department (Filed 10/08/2012, 12:00 p.m.) 3. Municipal Order No. 2012 – 186 Municipal Order approving the probationary appointments of Carrie L. Crawford, Joshua G. Stiles and Leeor A. Young to the position of Communications Dispatcher in the Police Department (Filed 10/08/2012, 12:00 p.m.) 4. Municipal Order No. 2012 – 187 Municipal Order approving the probationary appointments of Sabrina E. Johnson to the position of Community Center Coordinator and Jenna M. Smith to the position of Special Populations Instructor in the Parks and Recreation Department (Filed 10/08/2012, 12:00 p.m.) 5. Municipal Order No. 2012 – 188 Municipal Order approving the Career Path Advancement of Jeffery S. Salings to the position of Operations Technician II in the Public Works Department (Filed 10/08/2012, 12:00 p.m.) 6. Municipal Order No. 2012 – 189 Municipal Order authorizing and accepting Bid #2013-11 for Hewlett Packard server equipment from Alinc Technologies, LLC of Austin, Texas in the amount of $27,305 (Filed 10/05/2012, 1:45 p.m.) (Agenda-October 16, 2012) 7. Municipal Order No. 2012 – 190 Municipal Order authorizing the continuation of software subscription and maintenance services from Open Text, Inc. in the amount of $26,126.02 (Filed 09/21/2012, 9:30 a.m.) 8. Municipal Order No. 2012 – 191 Municipal Order authorizing a contract through noncompetitive negotiations with James R. Adams and Associates of Bowling Green, Kentucky for the completion of the sign inventory and retro-reflectivity project in the amount of $41,964 (Filed 10/08/2012, 10:00 a.m.) 9. Municipal Order No. 2012 – 192 Municipal Order accepting and authorizing the Mayor to execute a grant agreement on behalf of the City of Bowling Green with the Kentucky Justice and Public Safety Cabinet for Federal Victims of Crime Act (VOCA) 2012 funds in the amount of $35,978 (Filed 10/08/2012, 11:50 a.m.) 10. Municipal Order No. 2012 – 193 Municipal Order approving construction and accepting maintenance of River Bend Landing Subdivision, Section III (Filed 10/04/2012, 3:30 p.m.) 11. Municipal Order No. 2012 – 194 Municipal Order authorizing and directing the Mayor to enter into grant agreements for Select Neighborhood Action Program (SNAP) grants with various neighborhoods (Filed 10/05/2012, 1:00 p.m.) 12. Municipal Order No. 2012 – 195 Municipal Order approving an amendment to the grant agreement with the U.S. Department of Homeland Security for 2009 Assistance to Firefighters Grant Program funds, and authorizing a contract through noncompetitive negotiations with Motorola of Schaumburg, Illinois under Kentucky State Pricing for the purchase of additional Motorola radios and equipment in the total amount not to exceed $59,500 for the Fire Department (Filed 10/08/2012, 11:50 a.m.) 13. Municipal Order No. 2012 – 196 Municipal Order approving and authorizing contracts with Morgan Keegan & Company, Inc. and J.J.B. Hilliard, W.L. Lyons, LLC to serve as financial advisors for the City of Bowling Green related to the issuance of General Obligation Refunding Bonds, Series 2013A in an aggregate principal amount not to exceed $5,455,000 and General Obligation Refunding Bonds, Series 2013B in an aggregate principal amount not to exceed $2,215,000 (Filed 10/09/2012, 7:30 a.m.) 2 (Agenda-October 16, 2012) 14. Ordinance No. BG2012 – 38 ORDINANCE PROVIDING FOR THE ISSUANCE OF (First Reading) GENERAL OBLIGATION BONDS An Ordinance of the City of Bowling Green, Kentucky authorizing the issuance of (i) City of Bowling Green, Kentucky General Obligation Refunding Bonds, Series 2013A in an aggregate principal amount not to exceed $5,455,000 for the purpose of refunding the outstanding City of Bowling Green, Kentucky General Obligation Bonds, Series 2002A, refunding a portion of the outstanding City of Bowling Green, Kentucky General Obligation Bonds, Series 2004A and refunding the outstanding Master Lease-Purchase Agreement dated as of August 31, 2007 between Chase Equipment Leasing Inc. and the City, the proceeds of which financings in turn financed the costs of the acquisition, construction and installation of various public projects in the City, and (II) City of Bowling Green, Kentucky General Obligation Refunding Bonds, Series 2013B in an aggregate principal amount not to exceed $2,215,000 for the purpose of refunding the outstanding Master Lease-Purchase Agreement dated as of October 7, 2010 between Chase Equipment Finance, Inc. and the City and the outstanding lease agreement dated as of June 30, 2005 between Branch Banking and Trust Company and the City, the proceeds of which in turn financed the costs of the acquisition, construction and installation of various public projects in the City; approving the forms of bonds; authorizing designated officers to execute and deliver the bonds; authorizing and directing the filing of notice with the state local debt officer; providing for the payment and security of the bonds; creating bond payment funds; authorizing acceptance of the bids of the bond purchasers for the purchase of the bonds following the advertised sale of the bonds; and repealing inconsistent ordinances (Filed 10/08/2012, 2:30 p.m.) 15. Municipal Order No. 2012 – 197 Municipal Order approving the advertisement for bids and distribution of a preliminary official statement for the purchase of City of Bowling Green, Kentucky General Obligation Refunding Bonds, Series 2013A in an aggregate principal amount not to exceed $5,455,000 and City of Bowling Green, Kentucky General Obligation Refunding Bonds, Series 2013B in an aggregate principal amount not to exceed $2,215,000 (Filed 10/09/2012, 9:30 a.m.) 3 (Agenda-October 16, 2012) 16. Ordinance No. BG2012 – 39 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 1.56 acres from RM-3 (Multi-Family Residential) to GB (General Business) located at 603 Old Morgantown Road, presently owned by PSM Enterprises, LTD with Redo Salkic as contract vendee (Filed 10/01/2012, 12:00 p.m.) NEXT SCHEDULED MEETING The November 6, 2012 regular meeting will be canceled. The next regular meeting will be November 20, 2012. ADJOURNMENT 4

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