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Board of Commissioners

Regular Meeting

Bowling Green, KY · September 17, 2013

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held SEPTEMBER 17, 2013 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 17, 2013. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Pastor Stephen Skinner of Faith Missionary Baptist Church. Members of Boy Scout Troup 510 led the reciting of 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 Bill Waltrip, Commissioner Rick Williams, Commissioner Joe W. Denning and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. ANNOUNCEMENT Mayor Wilkerson invited anyone interested in providing the invocation at a future meeting to contact the Office of City Clerk. PUBLIC HEARING Chief Financial Officer Jeff Meisel conducted a public hearing for the purpose of obtaining comments from citizens regarding the proposed 2013 property tax rates which were recommended to remain at $0.206 per $100 assessed value on real property and $0.260 per $100 assessed value on personal property. He reported that new real estate property growth amounted to 2.7% and existing property growth totaled 0.5%, for a total growth of 3.2%. He summarized the calculation method required by law to determine the compensating tax rate of $0.204, as well as the ability to capture up to a four percent (4%) growth rate at $0.212 as permitted by HB44 (KRS 132). Mr. Meisel reviewed the history of new, existing and total growth in real property values since 1999 to present, which showed tax rates have not been raised since 2003 and there has not been a change in the tax rates since 2008 when the rate was reduced down from $0.249 to $0.206. In addition, he compared Bowling Green’s tax rates with the average Kentucky cities real property tax rate (22.157) and personal property tax rate (28.483) along with the average rates for counties and school districts as reported in the Today’s Kentucky Cities report published in June 2013 by Kentucky League of Cities. Mr. Meisel announced that once the tax rate was approved, bills would be mailed out in a few weeks and payment would be due by December 31st. He also indicated that a 10% penalty would apply to all delinquent bills as of January 1, 2014, which would increase by 0.5% each month thereafter until paid in full. There were no public comments during the hearing. CITY MANAGER City Manager Kevin D. DeFebbo requested a closed session for the purpose of discussion on the future acquisition of real property by the City as publicity would likely affect the value of the specific piece of property to be acquired for public use, for discussion of proposed litigation on behalf of the City, and for discussions between the City and a representative of a business entity and discussion concerning a specific proposal, if open discussions would jeopardize the siting of the new business. Motion was made by Hill and seconded by Waltrip to convene in closed session following *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 17, 2013) the regular meeting pursuant to KRS 61.810 (1) (b), (c) and (g). Mayor Wilkerson called for roll call vote. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (1) (b), (c) and (g) was approved by unanimous vote. Mr. DeFebbo also requested the addition of a late-filed item, Municipal Order No. 2013 – 158, to the agenda. He explained a time constraint caused the need for consideration of a grant agreement for the Bowling Green/Warren County Regional Airport prior to the next regularly scheduled meeting of the Board in October. Motion was made by Denning and seconded by Hill to add Municipal Order No. 2013 – 158 to the end of the agenda. Mayor Wilkerson called for roll call vote. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Motion to add Municipal Order No. 2013 – 158 to the agenda was approved by unanimous vote. APPROVAL OF MINUTES Minutes of Regular Meeting September 3, 2013 and Special Meeting September 10, 2013 Minutes of the above-referenced meetings were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Hill and seconded by Waltrip 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, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of September 3, 2013 and special meeting of September 10, 2013 was approved by unanimous vote. PUBLIC COMMENTS Mayor Wilkerson opened the floor for any public comments and there were none. REGULAR AGENDA ORDINANCE NO. BG2013 – 32 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 23 (WATER AND SEWER), SUBCHAPTER 23-3 (SEWER SYSTEM) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES AS REQUESTED BY THE BOWLING GREEN MUNICIPAL UTILITIES BOARD Title and summary of Ordinance No. BG2013 - 32 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. 2 (Minutes-Board of Commissioners-September 17, 2013) ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Ordinance No. BG2013 - 32 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2013 – 141 MUNICIPAL ORDER APPROVING THE PROMOTION OF JASON C. BROOKS TO THE POSITION OF FIRE APPARATUS OPERATOR/EMT IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2013 - 141 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. DeFebbo explained a retirement and subsequent promotion at the last meeting created an opening in the Fire Prevention Division. Assistant Fire Chief Brian O’Callaghan recommended the promotion and reviewed the qualifications and pertinent investigative experience that Mr. Brooks would bring to the position. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 141 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 142 MUNICIPAL ORDER APPROVING THE PROMOTION OF CHRISTOPHER M. BASHAM TO CREW SUPERVISOR I IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2013 - 142 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 noted a recent retirement created the opening in the Landscape Division. Parks and Recreation Director Brent Belcher reviewed Mr. Basham’s qualifications and recommended him for promotion. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 142 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 143 MUNICIPAL ORDER APPROVING THE NOMINATION OF DR. PHILLIP NEAL TO SERVE ON THE INTER-MODAL TRANSPORTATION AUTHORITY, INC. BOARD OF DIRECTORS AND AUTHORIZING THE SUBMISSION OF HIS NOMINATION TO THE WARREN COUNTY JUDGE EXECUTIVE Summary of Municipal Order No. 2013 - 143 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. Mayor Wilkerson explained that Dr. Neal was being appointed to fill the unexpired term of 3 (Minutes-Board of Commissioners-September 17, 2013) the previous Southern Kentucky Technical College President, and this action also included the appointment for a full 4-year term beginning January 1, 2014. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 143 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 144 MUNICIPAL ORDER APPROVING THE APPOINTMENTS OF ANGELA TOWNSEND AND GINA DZELIL TO THE HUMAN RIGHTS COMMISSION Summary of Municipal Order No. 2013 - 144 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. Comm. Denning remarked about the appointments and was looking forward to working with the two individuals. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 144 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 145 MUNICIPAL ORDER APPROVING THE REAPPOINTMENTS OF JOHN KELLY AND PATSY SLOAN TO THE WARREN COUNTY DOWNTOWN ECONOMIC DEVELOPMENT AUTHORITY, INCORPORATED Summary of Municipal Order No. 2013 - 145 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 Wilkerson recommended the two reappointments. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 145 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 146 MUNICIPAL ORDER APPROVING THE CONTINUATION OF AN AGREEMENT WITH WESTERN KENTUCKY UNIVERSITY FOR PROVIDING A LEAF COMPOSTING SYSTEM FOR THE CITY OF BOWLING GREEN, KENTUCKY Summary of Municipal Order No. 2013 - 146 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Denning for consideration of said Municipal Order. DeFebbo indicated that the City has been involved in a creative collaboration with WKU since 1988, whereby the City collected the leaves used by WKU for compost, which was offered for sale by 4 (Minutes-Board of Commissioners-September 17, 2013) WKU to the public. He reported the City receives 25% of the composting revenues and the other 75% was believed to go toward a scholarship program administered by WKU. Comm. Hill recounted that a year ago, she was opposed to paying WKU for composting leaves. However from a business stand point, she understood it was more cost effective for the City to partner with WKU rather than having the City dispose of the leaves in any other way. Since the City supplied the leaves for the composting revenues to be generated, she proposed the scholarship program be named after the City and have preferential status given to City employees and/or their children for use of the scholarship funds. Following inquiries about how to address Comm. Hill’s request, City Attorney Gene Harmon indicated that there was no language in this particular Municipal Order to amend in such a fashion. He also expressed concern about whether or not WKU would agree to those conditions. He suggested considering the two issues independently and that a resolution could be presented at the next meeting expressing the City’s desire that such conditions be placed on the scholarship program that used revenues generated from the sale of compost. Comm. Hill agreed to sponsor the resolution for consideration at the next meeting. Comm. Williams acknowledged it made good business sense to keep the relationship with WKU for composting in-tacked and to have the two issues remain separate. He also voiced support for a resolution to be sponsored by Comm. Hill. Mr. DeFebbo commented that he would like the opportunity to meet with WKU officials about the scholarship request and have time to discuss it before the next Board meeting. Comm. Denning remarked that he liked the idea of approaching WKU with the simple request. Comm. Hill thanked staff for all the work and research completed on the issue. Following the discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 146 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 147 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING THE PURCHASE OF CLEARLANE ENHANCED DEICER FROM CARGILL DEICING TECHNOLOGY IN THE AMOUNT OF $47,455 Summary of Municipal Order No. 2013 - 147 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. With winter just around the corner and an average of between one to 21 inches of snow a year, DeFebbo reviewed and recommended the purchase to replenish supplies when needed. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 147 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 148 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2014-03 FOR THE POLICE DEPARTMENT FENCE PROJECT 5 (Minutes-Board of Commissioners-September 17, 2013) FROM CONTRACTORS CORPORATION OF BOWLING GREEN, KENTUCKY IN THE TOTAL AMOUNT OF $129,970 Summary of Municipal Order No. 2013 - 148 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. DeFebbo reviewed and recommended the fence installation to increase security around the Police Headquarters back parking lot area. He confirmed that the fencing material would be similar to the one at Pioneer Cemetery and would complement the downtown area. Once discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 148 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 149 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2013-54 FOR THE GUARANTEED ENERGY SAVINGS CONTRACT FROM TRANE U.S. INC. OF LOUISVILLE, KENTUCKY IN THE TOTAL AMOUNT OF $845,010 Summary of Municipal Order No. 2013 - 149 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. DeFebbo reported the City was in the process of putting together a work program to improve several facilities which included capturing energy efficiencies where possible. Neighborhood and Community Services Director Brent Childers gave an overview of the energy efficiency performance contracting concept and the City’s past relationship with Trane to make several improvements in 2000. He outlined the various energy improvements made to date, including the use of bond and grant funding to assist with some of the past costs. With respect to this new initiative, Mr. Childers indicated that the City would spend approximately $735,551 in capital investment costs and pay $109,459 amortized over a 20-year period to Trane for its services. He further explained the services to be provided by Trane, which included analyzing building uses, developing energy saving models, engineering and designing improvement solutions, providing oversight of the improvements and measurement verification using intelligent services, and providing a guarantee behind the projected savings. In addition, he noted that this contract would provide consistency of equipment and maintenance, as well as allow the City to save money by buying direct from the manufacturer. As the discussion continued, Mr. Childers gave more details about the ability to receive additional grant funding which was tied to performance contracting initiatives, the need to replace existing HVAC related equipment at several buildings even if the performance contracting was not approved, the ability to recondition the HVAC system at Police Headquarters to make it more efficient, and the projected cost recovering of $665,000 in guaranteed energy savings under this contract. Comm. Williams remarked that he liked seeing the manufacturer put up their money as a guarantee. In response to questions by the Board, Mr. Childers indicated that the modeling took into consideration the potential change in building uses over time. He also noted that both staff and Trane 6 (Minutes-Board of Commissioners-September 17, 2013) personnel would be monitoring building performance on a real-time basis to catch any inconsistencies before they become issues. He also confirmed that there would not be any change orders to this contract since the type of equipment to be purchases was included as part of the proposal received from Trane. Mayor Wilkerson expressed appreciation for the work undertaken and the details provided. Mr. DeFebbo commented about how he learned of the concept and thought it was a good deal for the City. Following the discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 149 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 150 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE FOR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS IN THE AMOUNT OF $26,052 Summary of Municipal Order No. 2013 - 150 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. DeFebbo reviewed the annual program which provided funds to be split 50/50 between the City and Warren County. He noted the City would use its portion of funding for the continued purchase of in- car cameras. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 150 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 151 MUNICIPAL ORDER AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE KENTUCKY TRANSPORTATION CABINET FOR FEDERAL TRANSPORTATION ASSISTANCE UNDER THE SECTION 5339 PROGRAM THROUGH THE FEDERAL TRANSIT ADMINISTRATION IN AN AMOUNT NOT TO EXCEED $115,210 Summary of Municipal Order No. 2013 - 151 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 recommended the approval of the application on behalf of Community Action of Southern Kentucky as the City’s contracted transit program operator. He indicated the funds would be used to purchase a 12-passenger bus, rehab two other buses and purchase solar LED lighting for existing bus shelters, with State toll credits to be used for the 20% required match. With no additional discussion, a roll call vote was taken. 7 (Minutes-Board of Commissioners-September 17, 2013) ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 151 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 152 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE KENTUCKY ENERGY AND ENVIRONMENT CABINET, DIVISION OF FORESTRY, IN THE AMOUNT NOT TO EXCEED $6,100 TO PURCHASE TREE INVENTORY AND MANAGEMENT SOFTWARE Summary of Municipal Order No. 2013 - 152 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. DeFebbo recounted that a grant application was submitted with the Board’s approval to purchase software that would help track the Emerald Ash Borer insect, and he explained that funds have now been awarded. He indicated that the amount required for the grant match would be provided through the use of City labor, equipment and other budgeted funds. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 152 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 153 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN MOUNT VICTOR OLDE TOWNE SUBDIVISION, SECTION V Summary of Municipal Order No. 2013 - 153 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 protocol for accepting street maintenance for new development areas. With all requirements met and inspection complete, he recommended acceptance. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 153 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 154 MUNICIPAL ORDER APPROVING CONSTRUCTION AND ACCEPTING MAINTENANCE OF VARIOUS STREETS IN HUNT FAMILY VILLAGE COMMERCIAL SUBDIVISION Summary of Municipal Order No. 2013 - 154 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. DeFebbo referred to this Municipal Order in conjunction with comments made about the 8 (Minutes-Board of Commissioners-September 17, 2013) previous Municipal Order No. 2013 – 153. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 154 was approved by unanimous vote. ORDINANCE NO. BG2013 – 33 (First Reading) ORDINANCE RELATING TO PROPERTY TAX RATES ORDINANCE SETTING 2013 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. BG2013 - 33 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for first reading of said Ordinance. DeFebbo reiterated that the proposed property tax rates for 2013 were presented during the public hearing held at the beginning of the meeting and were recommended to remain the same as last year. Mayor Wilkerson commended staff for making sure the City continued to operate within its means. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None First reading of Ordinance No. BG2013 - 33 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 155 MUNICIPAL ORDER APPROVING LEASE AGREEMENT WITH R. JUSTIN SHEPHERD, D/B/A SPENCER’S COFFEEHOUSE FOR LEASE OF A PORTION OF THE PUBLIC SIDEWALK LOCATED IN FRONT OF 915 COLLEGE STREET Summary of Municipal Order No. 2013 - 155 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Waltrip for consideration of said Municipal Order. At the request of the City Manager, City Attorney Gene Harmon reviewed the request for a sidewalk lease which would allow Spencer’s Coffeehouse to extend its licensed premise for the purposes of serving alcohol. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 – 155 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 156 MUNICIPAL ORDER HOLDING IN ABEYANCE THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER 99 COMMUNITY DEVELOPMENT PLAN (URBAN RENEWAL PLAN) 9 (Minutes-Board of Commissioners-September 17, 2013) FOR THE HISTORIC BOWLING GREEN REVITALIZATION PROJECT AREA Summary of Municipal Order No. 2013 - 156 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Hill for consideration of said Municipal Order. DeFebbo recounted that the Chapter 99 Plan was established several years ago to layout the vision for downtown redevelopment. With the establishment of the Chapter 58 Corporation and WKU Gateway to Downtown Bowling Green Tax Increment Financing (TIF) District, he explained the Plan was no longer needed in its current configuration. Neighborhood and Community Services Director Brent Childers reviewed the established 20- year Plan, which was now encompassed within the expanded TIF District area and had some inconsistencies. He also summarized the identified Plan goals which have been achieved to date. Because it takes several steps to amend the Plan, he recommended that the Plan be placed in abeyance to allow the City-County Planning Commission and City staff time to work through that process. City Attorney Gene Harmon confirmed that the Plan would not be terminated at this time, but simply set aside to allow time to develop proposed amendments for future consideration by the Board of Commissioners. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 156 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 157 MUNICIPAL ORDER APPROVING COST OF LIVING ADJUSTMENT AND INCREASE IN ANNUAL LEASE PAYMENT RELATED TO LEASE AGREEMENT BETWEEN THE CITY OF BOWLING GREEN AND THE BOWLING GREEN-WARREN COUNTY REGIONAL AIRPORT Summary of Municipal Order No. 2013 - 157 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 indicated that a portion of the CrossWinds Golf Course was built on several acres of property leased from the Airport Board. City Attorney Gene Harmon detailed that the City holds a 20 year perpetual lease on the property. He explained that the lease payment could be increased every five years based on the average cost of living during the previous five years, which amounted to a 2.06% rate increase for the next five years if approved by the Board of Commissioners. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 - 157 was approved by unanimous vote. MUNICIPAL ORDER NO. 2013 – 158 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING A GRANT AGREEMENT AMONG THE BOWLING GREEN-WARREN COUNTY REGIONAL AIRPORT BOARD, THE CITY OF BOWLING GREEN, WARREN COUNTY AND THE FEDERAL AVIATION 10 (Minutes-Board of Commissioners-September 17, 2013) ADMINISTRATION (FAA) FOR MATCHING FUNDS TO CONDUCT A WILDLIFE HAZARD ASSESSMENT AND PURCHASE AN INDUSTRIAL TRACTOR WITH A DISPLACEMENT SNOW PLOW FOR THE BOWLING GREEN- WARREN COUNTY REGIONAL AIRPORT Summary of Municipal Order No. 2013 - 158 was read by the Assistant City Manager/City Clerk. Motion was made by Waltrip and seconded by Williams for consideration of said Municipal Order. DeFebbo reviewed the request by the Airport Board to approve the Grant Agreement to access FAA money, with the City required to provide 2.5% of the matching funds. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Hill, Waltrip, Williams, Denning and Wilkerson Voting Nay: None Municipal Order No. 2013 – 158 was approved by unanimous vote. NEXT REGULAR MEETING Mayor Wilkerson announced that the next regular meeting of the Board of Commissioners would be held on October 15th since the October 1st meeting was canceled to accommodate staff attendance at the annual Kentucky League of Cities Conference to be held in Covington, Kentucky. CLOSED SESSION Following a brief recess to clear the Commission Chamber, the Board of Commissioners met at approximately 8:15 p.m. in closed session pursuant to KRS 61.810 (1) (b), (c) and (g) as previously approved. Mr. DeFebbo confirmed no action was expected to 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 9:10 p.m., Mayor Wilkerson declared this meeting adjourned. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller 11

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL September 17, 2013, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARING The purpose of this public hearing is to obtain comments from citizens regarding the proposed 2013 property tax rates. AWARDS AND RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting September 3, 2013 and Special Meeting September 10, 2013 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Ordinance No. BG2013 – 32 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 23 (Water and Sewer), Subchapter 23-3 (Sewer System) of the City of Bowling Green Code of Ordinances as requested by the Bowling Green Municipal Utilities Board 2. Municipal Order No. 2013 – 141 Municipal Order approving the promotion of Jason C. Brooks to the position of Fire Apparatus Operator/EMT in the Fire Department (Filed 09/11/2013, 9:00 a.m.) 3. Municipal Order No. 2013 – 142 Municipal Order approving the promotion of Christopher M. Basham to Crew Supervisor I in the Parks and Recreation Department (Filed 09/11/2013, 9:00 a.m.) (Agenda-September 17, 2013) 4. Municipal Order No. 2013 – 143 Municipal Order approving the nomination of Dr. Phillip Neal to serve on the Inter-Modal Transportation Authority, Inc. Board of Directors and authorizing the submission of his nomination to the Warren County Judge Executive (Filed 09/04/2013, 2:00 p.m.) 5. Municipal Order No. 2013 – 144 Municipal Order approving the appointments of Angela Townsend and Gina Dzelil to the Human Rights Commission (Filed 09/09/2013, 1:10 p.m.) 6. Municipal Order No. 2013 – 145 Municipal Order approving the reappointments of John Kelly and Patsy Sloan to the Warren County Downtown Economic Development Authority, Incorporated (Filed 09/09/2013, 3:00 p.m.) 7. Municipal Order No. 2013 – 146 Municipal Order approving the continuation of an agreement with Western Kentucky University for providing a leaf composting system for the City of Bowling Green, Kentucky (Filed 08/30/2013, 2:30 p.m.) 8. Municipal Order No. 2013 – 147 Municipal Order authorizing and accepting the purchase of ClearLane Enhanced Deicer from Cargill Deicing Technology in the amount of $47,455 (Filed 09/09/2013, 9:45 a.m.) 9. Municipal Order No. 2013 – 148 Municipal Order authorizing and accepting Bid #2014-03 for the Police Department fence project from Contractors Corporation of Bowling Green, Kentucky in the total amount of $129,970 (Filed 09/09/2013, 9:45 a.m.) 10. Municipal Order No. 2013 – 149 Municipal Order authorizing and accepting Bid #2013-54 for the Guaranteed Energy Savings Contract from Trane U.S. Inc. of Louisville, Kentucky in the total amount of $845,010 (Filed 09/09/2013, 9:45 a.m.) 11. Municipal Order No. 2013 – 150 Municipal Order authorizing the acceptance of a grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) funds in the amount of $26,052 (Filed 09/05/2013, 11:00 a.m.) 2 (Agenda-September 17, 2013) 12. Municipal Order No. 2013 – 151 Municipal Order authorizing the filing of a grant application with the Kentucky Transportation Cabinet for Federal Transportation Assistance under the Section 5339 Program through the Federal Transit Administration in an amount not to exceed $115,210 (Filed 09/11/2013, 10:15 a.m.) 13. Municipal Order No. 2013 – 152 Municipal Order authorizing the acceptance of a grant from the Kentucky Energy and Environment Cabinet, Division of Forestry, in the amount not to exceed $6,100 to purchase tree inventory and management software (Filed 09/11/2013, 1:30 p.m.) 14. Municipal Order No. 2013 – 153 Municipal Order approving construction and accepting maintenance of various streets in Mount Victor Olde Towne Subdivision, Section V (Filed 09/10/2013, 3:45 p.m.) 15. Municipal Order No. 2013 – 154 Municipal Order approving construction and accepting maintenance of various streets in Hunt Family Village Commercial Subdivision (Filed 09/10/2013, 3:45 p.m.) 16. Ordinance No. BG2013 – 33 ORDINANCE RELATING TO PROPERTY TAX RATES (First Reading) Ordinance setting 2013 property tax rates, franchise tax rates and improvement assessment rates, and setting forth guidelines for payment, penalty and interest (Filed 09/10/2013, 4:00 p.m.) 17. Municipal Order No. 2013 – 155 Municipal Order approving lease agreement with R. Justin Shepherd, d/b/a Spencer’s Coffeehouse for lease of a portion of the public sidewalk located in front of 915 College Street (Filed 09/09/2013, 9:30 a.m.) 18. Municipal Order No. 2013 – 156 Municipal Order holding in abeyance the administration and enforcement of the Chapter 99 Community Development Plan (Urban Renewal Plan) for the Historic Bowling Green Revitalization Project area (Filed 09/09/2013, 10:25 a.m.) 19. Municipal Order No. 2013 – 157 Municipal Order approving cost of living adjustment and increase in annual lease payment related to lease agreement between the City of Bowling Green and the Bowling Green- Warren County Regional Airport (Filed 09/09/2013, 10:30 a.m.) 3 (Agenda-September 17, 2013) NEXT SCHEDULED MEETING The October 1, 2013 regular meeting will be canceled. The next regular meeting will be October 15, 2013. ADJOURNMENT 4

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