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Board of Commissioners

Regular Meeting

Bowling Green, KY · October 4, 2005

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held OCTOBER 4, 2005 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 4, 2005. Mayor Elaine N. Walker called the meeting to order. An invocation was given by Dr. Jerry Oakley Executive Director of Warren Baptist Association, and all present recited the Pledge of Allegiance. City Clerk Katie Schaller called the roll, and the following members were present: Commissioner Br i an“Sl im”Na sh,Co mmi ssionerDe l a neSi mps on,Commi ss ionerBr i anK.St row,Commi ssioner Mark D. Alcott and Mayor Elaine N. Walker. Absent: none. There was a full quorum of the Board of Commissioners. RECOGNITIONS Mayor Walker recognized Dick Webber, a member of the Historic Railway Committee, for his donation, time and efforts in repairing the light poles at the L&N Depot. Mr. Webber commented about the railcars and benefits to the community. Mayor Walker also recognized members of Boy Scott Troop 710 who were in attendance. PUBLIC COMMENTS Dustin Owens of 816 Roselawn Way expressed his appreciation on behalf of the Roselawn Neighborhood Watch Group for a suc cessful“Ci tyHa llOpe nHous ei nt heNe ighbo rhood ”whi ch took place at the Old Cabell Drive Fire Station on Saturday, October 1, 2005. CITY MANAGER Interim City Manager Kenneth R. Thompson requested a closed session for the purpose of discussion which might lead to the appointment, discipline or dismissal of an individual employee wi t hou trestri cti ngt hate mpl oyee ’sr i ghtt oapub lichea r ingifre quest ed.Mot ionwa sma debyAl cot t and seconded by Nash to convene in closed session following the regular meeting pursuant to KRS 61.810 (f). Walker called for roll call vote. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Motion to convene in closed session pursuant to KRS 61.810 (f) was approved by unanimous vote. In light of recent events in Nashville, Tennessee, Mr. Thompson withdrew from the agenda Municipal Order No. 2005 –259 which authorized an amendment to the Police Policy and Procedure Manual regarding the use of tasers by Police and Animal Control officers. ANNOUNCEMENTS Mayor Walker announced that she declared a Local State of Emergency for the City of *Note: Minutes are a summary of the discussions; a video tape of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-October 4, 2005) Bowling Green on September 23, 2005 to provide shelter for reception and care of Hurricane Katrina and Rita evacuees. She indicated that under this State of Emergency as provided by KRS 39A.100(2) and 45A.380(1)(7), the Mayor can waive procedures and formalities otherwise required by the law pertaining to: (a) performance of public work; (b) entering into contracts; (c) incurring obligations; (d) employment of permanent and temporary workers; (e) utilization of volunteer workers; (f) rental of equipment; and (g) appropriation and expenditure of public funds. She noted that the City did not receive the vast number of evacuees as previously announced would be coming. Interim City Manager Ken Thompson announced that the City would be hosting a public forum re ga r dingWe st ernKe ntuckyUni versit y’sr elocat ionofi tsr unn ingtracka t6:30p. m.onMon day, October 10, 2005 in the Bowling Green Police Headquarters Community Room. APPROVAL OF MINUTES Minutes of Regular Meeting September 20, 2005 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Alcott and seconded by Strow to approve said minutes as written. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Motion to approve the minutes of the regular meeting of September 20, 2005 was approved by unanimous vote. ORDINANCE NO. BG2005 –43 (Second Reading) ORDINANCE ANNEXING PROPERTY BY CONSENT ORDINANCE ANNEXING 135.302 ACRES OF PROPERTY LOCATED ON PORTER PIKE, WITH PROPERTY PRESENTLY OWNED BY SOUTHERN KENTUCKY LAND, LLC, AND SAID TERRITORY BEING CONTIGUOUS TO EXISTING CITY LIMITS Title and summary of Ordinance No. BG2005 - 43 was read by City Clerk Katie Schaller. Motion was made by Nash and seconded by Alcott for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Ordinance No. BG2005 - 43 was adopted by unanimous vote. ORDINANCE NO. BG2005 –44 (Second Reading as Amended) ORDINANCE RELATING TO PROPERTY TAX RATES ORDINANCE SETTING 2005 PROPERTY TAX RATES, FRANCHISE TAX RATES AND IMPROVEMENT ASSESSMENT RATES, AND SETTING FORTH GUIDELINES FOR PAYMENT, PENALTY AND INTEREST 2 (Minutes-Board of Commissioners-October 4, 2005) Title and summary of Ordinance No. BG2005 - 44 was read by the City Clerk. Motion was made by Nash and seconded by Alcott for second reading of said Ordinance. Comm. Simpson noted his previous vote against this amended Ordinance; however, he stated he now supports it. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Ordinance No. BG2005 –44, as amended, was adopted by unanimous vote. ORDINANCE NO. BG2005 –45 (Second Reading) ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY ORDINANCE APPROVING THE CLOSING OF AN UNPAVED PORTION OF RIGHT-OF-WAY OF HIGH STREET Title and summary of Ordinance No. BG2005 - 45 was read by the City Clerk. Motion was made by Strow and seconded by Simpson for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Ordinance No. BG2005 - 45 was adopted by unanimous vote. ORDINANCE NO. BG2005 –46 (Second Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 9 (CRIMES AND OFFENSES) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO REQUIRE ALL GASOLINE FILLING STATIONS TO RECEIVE PREPAYMENT FOR FUEL PURCHASES Title and summary of Ordinance No. BG2005 - 46 was read by the City Clerk. Following a request by Comm. Strow to hear from citizens about the issue, Allen Graf, a Warren County resident of Mitchell Heights Subdivision, opposed the changes based on being unfair and unjust to both consumers and retailers. Comm. Strow stated he had zero confidence that Warren County Magistrates would pass a similar ordinance as previously suggested at the September 6, 2005 work session. Mayor Walker indicated that this was an issue of public safety and a concern to be addressed. Comm. Simpson stated that the Police Department had worked with distributors for over a year to find a resolution to the problem. He further stated that he would rather have Police Officers providing safety and security to the community than spending time investigating gas drive offs. Motion was made by Simpson and seconded by Nash for second reading of said Ordinance. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson and Walker Voting Nay: Strow and Alcott Ordinance No. BG2005 - 46 was adopted by majority vote. Following the vote, Comm. Nash requested City Attorney Gene Harmon to investigate the potential for exclusions to the Ordinance 3 (Minutes-Board of Commissioners-October 4, 2005) before it takes effect on January 1, 2006, such as full-service gas stations that pump gas for the customer. MUNICIPAL ORDER NO. 2005 –251 MUNICIPAL ORDER APPROVING REVISIONS TO LOCAL CODE ENFORCEMENT RELOCATION POLICY Summary of Municipal Order No. 2005 - 251 was read by the City Clerk. Housing Manager Vallory Schocke recommended changes to the policy to accommodate more than a few families at a time. She responded to questions regarding the designated relocation agencies, whether there are agreements in place with each agency, and the type of benefits provided to those in need. Motion was made by Simpson and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 251 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –252 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-01 FOR SAN HARDWARE AND BACKUP SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY FROM INTRASOURCE, INC. OF LEXINGTON, KENTUCKY IN THE AMOUNT OF $182,877 Summary of Municipal Order No. 2005 - 252 was read by the City Clerk. Chief Information Officer Penny Bradley reviewed the recommended bid and explained the benefits of this purchase for the City. Motion was made by Nash and seconded by Alcott for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 252 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –253 MUNICIPAL ORDER AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF BOWLING GREEN AND THE BOWLING GREEN–WARREN COUNTY PRIMARY CARE CENTER, INC. FOR THE PURCHASE OF DENTAL EQUIPMENT Summary of Municipal Order No. 2005 - 253 was read by the City Clerk. Housing and Community Development Director Alice Burks stat e dthatt hisa gree me ntf or malizedt heCi ty’ s commitment for the use of a portion of CDBG funds. Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker 4 (Minutes-Board of Commissioners-October 4, 2005) Voting Nay: None Municipal Order No. 2005 - 253 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –254 MUNICIPAL ORDER APPROVING THE APPOINTMENT OF REV. DARRELL VENTERS TO THE UNIVERSITY DISTRICT REVIEW COMMITTEE Summary of Municipal Order No. 2005 - 254 was read by the City Clerk. Mayor Walker recommended the appointment. Motion was made by Simpson and seconded by Alcott for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 254 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –255 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FOR THE FISCAL YEAR 2005 COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY Summary of Municipal Order No. 2005 - 255 was read by the City Clerk. Police Office Associate Heather Plowman reviewed the use of grant funds to purchase a Search Camera/Victim Locator. Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 255 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –256 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS IN THE AMOUNT OF $52,020 Summary of Municipal Order No. 2005 - 256 was read by the City Clerk. Police Office Associate Heather Plowman stated this was a City and County grant award that would be split 50/50. Shes tatedthattheCi t y’spor t ionoff undswou l dbeus edt opur chasemor ei n-car cameras for Police vehicles. Motion was made by Strow and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None 5 (Minutes-Board of Commissioners-October 4, 2005) Municipal Order No. 2005 - 256 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –257 MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE GOVERNOR’ S HI GHWAY SAFETY PROGRAM IN THE AMOUNT OF $15,500 Summary of Municipal Order No. 2005 - 257 was read by the City Clerk. Police Office Associate Heather Plowman indicated that these grant funds would be used to pay overtime for traffic and patrol. Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 257 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –258 MUNICIPAL ORDER APPROVING AN APPLICATION FOR FEDERAL ASSISTANCE FROM THE BOWLING GREEN – WARREN COUNTY REGIONAL AIRPORT TO THE FEDERAL AVIATION ADMINISTRATION FOR ACQUISITION OF LAND, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GRANT AGREEMENT ON BEHALF OF THE CITY OF BOWLING GREEN AND AUTHORIZING PAYMENT OF THE CITY’ SCOSTSHAREI NTHEAMOUNTOF$14, 875 Summary of Municipal Order No. 2005 - 258 was read by the City Clerk. Airport Manager RobBa rnettstatedt hattheCi ty’sc osts hare would be 1.25% of the total purchase price for the property. He responded to questions about the federal regulations requiring the purchase of Runway Safety Area pr opertya ndt heAi rpor t’sma intenancer s eponsi bil it ies.Mot ionwa sma debyAl cot ta nd seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 258 was approved by unanimous vote. NOTE: Municipal Order No. 2005 - 259 was previously withdrawn from the agenda. Mayor Walker acknowledged that the taser policy for the Police Department would be brought back for consideration at a later date. MUNICIPAL ORDER NO. 2005 –260 MUNICIPAL ORDER AUTHORIZING A CONTRIBUTION FROM THE CITY’ SGENERALFUNDIN THE AMOUNT OF $209,000 TO THE BOWLING GREEN POLICE AND FIREFIGHTERS RETIREMENT FUND FOR FISCAL YEAR 2006 6 (Minutes-Board of Commissioners-October 4, 2005) Summary of Municipal Order No. 2005 - 260 was read by the City Clerk. Acting Chief Financial Officer and City Treasurer Jeff Meisel indicated that the City assists through this contribution with providing annual cost-of-living increases for the closed fund. He responded to questions regarding the closed fund and bi-annual actuarial studies. Motion was made by Alcott and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 260 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –261 MUNICIPAL ORDER AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY’SFIRE PREVENTI ON AND SAFETY GRANT IN THE AMOUNT OF $26,562 Summary of Municipal Order No. 2005 - 261 was read by the City Clerk. Deputy Fire Chief Walter Jordan stated that there was no match required and that the funds, if awarded, would be used to purchase a fire hazard house and fire hydrant robot for prevention education programs. Motion was made by Nash and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 261 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –262 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2006-15 FOR CAT 420DIT 4WD BACKHOE LOADER OR EQUIVALENT FOR THE PUBLIC WORKS DEPARTMENT, OPERATIONS DIVISION FROM WHAYNE SUPPLY COMPANY OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $73,436 Summary of Municipal Order No. 2005 - 262 was read by the City Clerk. In response to a question by Comm. Strow, Public Works Director Emmett Wood noted that any under spending achieved would remain in the budget. Motion was made by Alcott and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 262 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –263 7 (Minutes-Board of Commissioners-October 4, 2005) MUNICIPAL ORDER RESCINDING MUNICIPAL ORDER NO. 2005-186 AND AUTHORIZING AND ACCEPTING BID #2005-45 FOR AUDIT SERVICES FROM MOUNTJOY & BRESSLER, LLP OF LOUISVILLE, KENTUCKY IN THE AMOUNT OF $76,450 Summary of Municipal Order No. 2005 –263 was read by the City Clerk. City Attorney Gene Harmon reviewed the previously awarded bid to Crowe Chizek and Company LLC of Louisville, Kentucky and the inability to agree with the terms of the engagement letter. He stated that the bid was therefore being awarded to the next bidder. Motion was made by Strow and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 263 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –264 MUNICIPAL ORDER APPROVING THE PROMOTION OF GARY WAYNE SPILLMAN TO THE POSITION OF POLICE SERGEANT IN THE POLICE DEPARTMENT Summary of Municipal Order No. 2005 - 264 was read by the City Clerk. Human Resources Director Michele Tolbert indicated that with the approval of the budget, an additional Sergeant position was established. She reviewed the recommended promotion and qualifications. Motion was made by Simpson and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 264 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –265 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENTS OF JOHN FRANKLIN BALLANCE, GARY MICHAEL BEAN, EVAN LEE HENDERSON, RONALD CYRIL RENNER, GREGORY RAY FLORA, ERIC DAWAYNE SCOTT, STRATTON JETT MILLER AND CALEB PORTER HULSEY TO THE POSITION OF FIREFIGHTER IN THE FIRE DEPARTMENT Summary of Municipal Order No. 2005 - 265 was read by the City Clerk. Human Resources Director Michele Tolbert reviewed the annual testing process and subsequent eligibility list for hire. Motion was made by Alcott and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 265 was approved by unanimous vote. 8 (Minutes-Board of Commissioners-October 4, 2005) MUNICIPAL ORDER NO. 2005 –266 MUNICIPAL ORDER APPROVING AND AUTHORIZING REIMBURSEMENT OF OUT-OF-TOWN TRAVEL EXPENSES TO LEXINGTON, KENTUCKY TO THOMPSON CONSULTING GROUP LLC FOR INTERIM CITY MANAGER KENNETH R. THOMPSON Summary of Municipal Order No. 2005 - 266 was read by the City Clerk. Motion was made by Alcott and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 266 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –267 MUNICIPAL ORDER APPROVING AN AMENDMENT TO THE AGREEMENT WITH WESTERN KENTUCKY UNIVERSITY FOR PROVIDING A LEAF COMPOSTING SYSTEM FOR THE CITY OF BOWLING GREEN, KENTUCKY Summary of Municipal Order No. 2005 - 267 was read by the City Clerk. Comm. Simpson noted the benefit and return to the City. Motion was made by Simpson and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 267 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –268 MUNICIPAL ORDER AUTHORIZING A CONTRACT THROUGH NONCOMPETITIVE NEGOTIATIONS FOR INSTALLATION OF THERMOPLASTIC AND PAINT PAVEMENT MARKINGS ON CITY STREETS AND PROPERTY FROM REYNOLDS SEALING & STRIPING, INC. OF BOWLING GREEN, KENTUCKY IN THE AMOUNT OF $25,000 Summary of Municipal Order No. 2005 - 268 was read by the City Clerk. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 268 was approved by unanimous vote. 9 (Minutes-Board of Commissioners-October 4, 2005) RESOLUTION NO. 2005 –3 RESOLUTION EXPRESSING SUPPORT OF THE I-66 FOUNDATION, INC. AND ITS EFFORTS TO EDUCATE THE PUBLIC ON THE IMPACT OF THE I-66 INTERSTATE PROJECT IN KENTUCKY Summary of Resolution No. 2005 - 3 was read by the City Clerk. Mayor Walker indicated that the Kentucky League of Cities requested the City to express its support. Motion was made by Nash and seconded by Alcott for consideration of said Resolution. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Resolution No. 2005 - 3 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –269 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF BRANDON L. KESSINGER TO THE POSITION OF PARKS FACILITIES MAINTAINER IN THE PARKS AND RECREATION DEPARTMENT, MAINTENANCE DIVISION Summary of Municipal Order No. 2005 - 269 was read by the City Clerk. Human Resources DirectorMi che leTo lbertr evi e we dt hepos itiona nd t her ecomme nde da ppl i c ant ’sq ual if ica ti ons . Motion was made by Nash and seconded by Strow for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 269 was approved by unanimous vote. MUNICIPAL ORDER NO. 2005 –270 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING NEGOTIATIONS AFTER SEALED BIDDING OF BID #2006-14 FOR PANASONIC TUFFBOOKS AND LEDCO MOUNTING EQUIPMENT FOR THE FIRE DEPARTMENT FROM GTSI CORP OF CHANTILLY, VIRGINIA IN THE AMOUNT OF $66,764, WITH INSTALLATION FROM EM SYSTEMS IN THE AMOUNT OF $5,700 Summary of Municipal Order No. 2005 - 270 was read by the City Clerk. Deputy Fire Chief Walter Jordan stated that grant funds were previously awarded to purchase this equipment. Motion was made by Nash and seconded by Simpson for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 270 was approved by unanimous vote. 10 (Minutes-Board of Commissioners-October 4, 2005) MUNICIPAL ORDER NO. 2005 –271 MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT WITH KENNETH R. THOMPSON TO PERFORM DUTIES AS INTERIM CITY MANAGER Summary of Municipal Order No. 2005 - 271 was read by the City Clerk. Mayor Walker stated that this amendment provided for an extension of the agreement to December 31, 2005. Motion was made by Alcott and seconded by Nash for consideration of said Municipal Order. Mayor Walker asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Nash, Simpson, Strow, Alcott and Walker Voting Nay: None Municipal Order No. 2005 - 271 was approved by unanimous vote. CLOSED SESSION Following a brief recess, the Board of Commissioners met in closed session pursuant to KRS 61.810 (f) as previously approved. ADJOURNMENT Once all discussion concluded in closed session and there being no further business to come before the Board of Commissioners, at approximately 8:50 p.m., Mayor Walker declared this meeting adjourned. WORK SESSION Prior to the regular meeting and with no action taken, the Board of Commissioners convened at 4:00 p.m. in the Commission Chamber of City Hall for a regular work session to discuss the following subject: the Bowling Green Community Center Expansion Capital Improvement Project. ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by City Clerk Katie Schaller 11

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL October 4, 2005, 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS INTERIM CITY MANAGER COMMENTS ITEMS FOR CONSIDERATION: 1. Approval of Minutes Regular Meeting on September 20, 2005 2. Ordinance No. BG2005 –43 ORDINANCE ANNEXING PROPERTY BY CONSENT (Second Reading) Ordinance annexing 135.302 acres of property located on Porter Pike, with property presently owned by Southern Kentucky Land, LLC, and said territory being contiguous to existing City limits 3. Ordinance No. BG2005 –44 ORDINANCE RELATING TO PROPERTY TAX RATES Second Reading as amended) Ordinance setting 2005 Property Tax rates, Franchise Tax rates and Improvement Assessment rates, and setting forth guidelines for payment, penalty and interest 4. Ordinance No. BG2005 –45 ORDINANCE CLOSING A PUBLIC RIGHT-OF-WAY (Second Reading) Ordinance approving the closing of an unpaved portion of right-of-way of High Street 5. Ordinance No. BG2005 –46 ORDINANCE AMENDING CODE OF ORDINANCES (Second Reading) Ordinance amending Chapter 9 (Crimes and Offenses) of the City of Bowling Green Code of Ordinances to require all gasoline filling stations to receive prepayment for fuel purchases (Agenda-October 4, 2005) 6. Municipal Order No. 2005 –251 Municipal Order approving revisions to Local Code Enforcement Relocation Policy (Filed 08/31/2005, 10:15 a.m.) 7. Municipal Order No. 2005 –252 Municipal Order authorizing and accepting Bid #2006-01 for SAN hardware and backup software for the Department of Information Technology from IntraSource, Inc. of Lexington, Kentucky in the amount of $182,877 (Filed 09/09/2005, 9:15 a.m.) 8. Municipal Order No. 2005 –253 Municipal Order authorizing an agreement between the City of Bowling Green and the Bowling Green–Warren County Primary Care Center, Inc. for the purchase of dental equipment (Filed 09/19/2005, 8:30 a.m.) 9. Municipal Order No. 2005 –254 Municipal Order approving the appointment of Rev. Darrell Venters to the University District Review Committee (Filed 09/19/2005, 1:30 p.m.) 10. Municipal Order No. 2005 –255 Municipal Order authorizing the acceptance of a grant for the Fiscal Year 2005 Commercial Equipment Direct Assistance Program (CEDAP) through the U.S. Department of Homeland Security (Filed 09/20/2005, 3:05 p.m.) 11. Municipal Order No. 2005 –256 Municipal Order authorizing the acceptance of a grant from the United States Department of Justice, Bureau of Justice Assistance for Edward Byrne Memorial Justice Assistance Grant (JAG) funds in the amount of $52,020 (Filed 09/20/2005, 3:05 p.m.) 12. Municipal Order No. 2005 –257 Municipal Order authorizing the acceptance of a grant from theGove rnor’sHi ghwa ySa fet yProgram in the amount of $15,500 (Filed 09/20/2005, 3:05 p.m.) 13. Municipal Order No. 2005 –258 Municipal Order approving an application for federal assistance from the Bowling Green –Warren County Regional Airport to the Federal Aviation Administration for acquisition of land, authorizing and directing the mayor to execute the Grant Agreement on behalf of the City of Bowling Green and author iz ingpa yme ntoftheCi ty’ sc ostsha reint hea mountof $14,875 (Filed 09/21/2005, 12:40 p.m.) 2 (Agenda-October 4, 2005) 14. Municipal Order No. 2005 –259 Municipal Order accepting revisions to the Bowling Green Police Policy and Procedure Manual, 2004 Edition (Filed 09/23/2005, 10:25 a.m.) 15. Municipal Order No. 2005 –260 Municipal Order authorizing a contribution from the City’ s General Fund in the amount of $209,000 to the Bowling Green Police and Firefighters Retirement Fund for Fiscal Year 2006 (Filed 09/23/2005, 12:30 p.m.) 16. Municipal Order No. 2005 –261 Municipal Order authorizing the submission of an application to the U.S. De partment of Home l and Se curit y’s Fi re Prevention and Safety Grant in the amount of $21,722 (Filed 09/26/2005, 2:25 p.m.) 17. Municipal Order No. 2005 –262 Municipal Order authorizing and accepting Bid #2006-15 for CAT 420DIT 4WD backhoe loader or equivalent for the Public Works Department, Operations Division from Whayne Supply Company of Bowling Green, Kentucky in the amount of $73,436 (Filed 09/27/2005, 10:30 a.m.) 18. Municipal Order No. 2005 –263 Municipal Order rescinding Municipal Order No. 2005-186 and authorizing and accepting Bid #2005-45 for audit services from Mountjoy & Bressler, LLP of Louisville, Kentucky in the amount of $76,450 (Filed 09/27/2005, 10:30 a.m.) 19. Municipal Order No. 2005 –264 Municipal Order approving the promotion of Gary Wayne Spillman to the position of Police Sergeant in the Police Department (Filed 09/27/2005, 12:40 p.m.) 20. Municipal Order No. 2005 –265 Municipal Order approving the probationary appointments of John Franklin Ballance, Gary Michael Bean, Evan Lee Henderson, Ronald Cyril Renner, Gregory Ray Flora, Eric Dawayne Scott, Stratton Jett Miller and Caleb Porter Hulsey to the position of Firefighter in the Fire Department (Filed 09/27/2005, 12:40 p.m.) 21. Municipal Order No. 2005 –266 Municipal Order approving and authorizing reimbursement of out-of-town travel expenses to Lexington, Kentucky to Thompson Consulting Group LLC for Interim City Manager Kenneth R. Thompson (Filed 09/27/2005, 3:20 p.m.) 3 (Agenda-October 4, 2005) 22. Municipal Order No. 2005 –267 Municipal Order approving an amendment to the Agreement with Western Kentucky University for providing a Leaf Composting System for the City of Bowling Green, Kentucky (Filed 09/27/2005, 4:05 p.m.) 23. Municipal Order No. 2005 –268 Municipal Order authorizing a contract through noncompetitive negotiations for installation of thermoplastic and paint pavement markings on City streets and property from Reynolds Sealing & Striping, Inc. of Bowling Green, Kentucky in the amount of $25,000 (Filed 09/27/2005, 4:05 p.m.) 24. Resolution No. 2005 –3 Resolution expressing support of the I-66 Foundation, Inc. and its efforts to educate the public on the impact of the I-66 Interstate Project in Kentucky (Filed 09/28/2005, 11:20 a.m.) 25. Municipal Order No. 2005 –269 Municipal Order approving the probationary appointment of Brandon L. Kessinger to the position of Parks Facilities Maintainer in the Parks and Recreation Department, Maintenance Division (Filed 09/28/2005, 11:35 p.m.) 26. Municipal Order No. 2005 –270 Municipal Order authorizing and accepting negotiations after sealed bidding of Bid #2006-14 for Panasonic Tuffbooks and Ledco mounting equipment for the Fire Department from GTSI Corp of Chantilly, Virginia in the amount of $66,764, with installation from EM Systems in the amount of $5,700 (Filed 09/28/2005, 11:45 a.m.) 27. Municipal Order No. 2005 –271 Municipal Order approving and authorizing the Mayor to execute an Amendment to Independent Contractor Agreement with Kenneth R. Thompson to perform duties as Interim City Manager (Filed 09/29/2005, 2:00 p.m.) NEXT SCHEDULED MEETING October 18, 2005 ADJOURNMENT 4

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