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Home My WebLink About12/20/05DECEMBER 20, 2005 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, December 20, 2005, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for November 28th and December 6th, 2005, be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that'the following documents and bids be received and filed: DOCUMENTS 1. Certificate of Insurance: (a) W. A. Davis Construction, Inc. 2. Contracts/Agreements: (a) WSF Fleet Service for New Plumbing and Piping for Five Ladder Trucks (2005-11-7031) 3. Notices of Called Meeting for the Voluntary Smoke -Free Advisory Committee SIDS FINANCE DEPARTMENT DIRECT DEPOSIT SERVICES 1. US Bank 2. Independence Bank 3. Paducah Bank 4. BB&T 5. First National Bank 6. Banterra Bank 7. Bank of Benton 8. Independence Bank/Directo 9. Regions Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ACCEPT PROPOSAL FOR DIRECT DEPOSIT Commissioner Sirk offered motion, seconded by Commissioner Smith, that a Resolution entitled, "A Resolution Advocating the Enactment of Right to Work Legislation by the General Assembly of the Commonwealth of Kentucky in its 2006 Regular Session," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Sirk, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). 670 DECEMBER 20, 2005 ALLOCATION OF COMMISSION CONTINGENCY FOR DOWNTOWN/LOWERTOWN MARKETING Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $10,000.00 FROM THE COMIISSION CONTINGENCY ACCOUNT TO THE PLANNING DEPARTMENT FOR MARKEING OF THE DOWNTOWN/LOWERTOWN AREA," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O.#1181; BK 6; PG AMEND PAYROLL TABLE 2 FOR REORGANIZATION IN THE ENGINEERING DEPARTMENT Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE, 2, CLASSIFICATONS/ PAY SCHEDULE, NON -CIVIL SERIVCE, POLICE AND FIRE FOR REORGANIZATION IN THE ENGINEERING DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). M.O.#1182; BK 6; PG ORDINANCES — ADOPTION 800MHz REBANDING — PROFESSIONAL SERVICES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES ASSOCIATED WITH THE REBANDING OF THE 800MHz RADIO SYSTEM." This ordinance is summarized as follows: The City of Paducah authorizes and directs the Mayor to execute an agreement for professional legal services associated with the FCC mandated rebanding of the 800 MHz radio system. If services are necessary hourly rates will be charged ranging from $180.00 to $415.00. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-12-7056; BK 30; PG 2005 KY RENAISSANCE ON MAIN GRANT AWARD Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT FUNDS FOR A RENAISSANCE ON MAIN GRANT FOR THE CITY OF PADUCAH'S OHIO RIVER PUBLIC ACCESS FACILITY PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute all documents necessary with the Kentucky Governor's Office for Local Development for a Renaissance On Main Grant in the amount of $150,000 for the construction of handicapped accessible comfort stations and a retail store/fueling station that are part of the Ohio River Public Access Facility Project. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-12-7057; BK 30; PG PURCHASE PLAYGROUND EQUIPMENT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is authorized to pay the total sum of $54,562.00 to GameTime for the purchase and installation of playground equipment to be located in Noble Park in the City of Paducah, in compliance with Sec. 2-661, Cooperative Purchasing of the Code of Ordinances of the City of Paducah, Kentucky, and authorizing the Mayor to execute a contract for same. i 671 DECEMBER 20, 2005 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-12-7058; BK 30 PG PURCHASE TURN OUT GEAR /PROTECTIVE CLOTHING Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PURCHASE OF FIRE STRUCTURAL TURN OUT GEAR, FOR USE BY THE FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a contract with Bluegrass Fire Equipment in the amount of $10,380, for fire structural turn out gear for the Fire Department. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. # 2005-12-7059; BK 30; PG INTENT TO ANNEX PROPERTY LOCATED ON, OLIVET CHURCH ROAD Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY INTENT TO ANNEX CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Approving intent to annex a tract of property contiguous to the present city limits, located on Olivet Church Road, containing 26.72 acres more or less. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7060; BK 30; PG APPROVE FUEL CONTRACT FOR CITY VEHICLES Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF WAGNER WHOLESALE, L.L.C., D.B.A.SMOKE SHOP FOR THE CITY'S FUEL SUPPLY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The Mayor is hereby authorized to execute an agreement for a period of one (1) year with Wagner Wholesale, L.L.C., D.B.A. Smoke Shop for its supply of gasoline and diesel fuel at OPIS (Oil Price Information Service) price plus $.05 per gallon. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7061; BK 30; PG PURCHASE VEHICLES FOR VARIOUS CITY DEPARTMENTS Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF PADUCAH FORD FOR SALE TO THE CITY OF VEHICLES FOR USE BY VARIOUS DEPARTMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bids of Paducah Ford for sale to the City of various vehicles in the total amount of $153,830.00, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7062; BK 30; PG AMEND CH.2 AND CH. 42 OF THE CODE OF ORDINANCES TO PROHIBIT ILLICIT DISCHARGE NUISANCES FOR THE CITY'S STORM SEWER SYSTEM Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2 REGARDING CITY CITATION OFFICERS AND AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY TO PROHIBIT ILLICIT DISCHARGE NUISANCES INVOLVING THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)." This ordinance is summarized as follows: This ordinance adds the City Engineer to Chapter 2, Section 571(b) to include the City 672 DECEMBER 20, 2005 Engineer as a City citation officer as referenced in the City of Paducah Nuisance Enforcement Code. This ordinance also establishes a new Section 42-52 under the Nuisance Enforcement Code. The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. This new Section 42-52 defines illicit discharges as a nuisance under the Nuisance Enforcement Code. It provides for definitions and prohibitions declaring illicit discharges to be illegal nuisances. It further provides for inspection, monitoring, testing, and enforcement under the mechanisms of the Nuisance Enforcement Code. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7063; BK 30; PG AMEND CH. 50 OF THE CODE OF ORDINANCES — STORMWATER CONVEYANCE AND MANAGEMENT REGARDING POST CONSTRUCTION Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 50- 151 THROUGH SECTION 50-157 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance hereby amends Sections 50-151 through 50-157 of the Code of Ordinances of the City of Paducah. The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. These amendments are vital in promoting the health, safety, and general welfare of the public. It is the intent of these amendments to minimize surface water pollution carried to receiving streams and to improve life and property, to protect local water quality, and maintain the integrity of stream channels that might be affected by runoff control devices. Design criteria for stormwater conveyance systems are outlined in these amendments. These amendments include a penalty which is as follows: Sec. 50-157. Penalty. Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars ($ 100. 00)/day and not more than five hundred dollars ($ 5 00. 00)/day, or by imprisonment for not more than ninety (90) days, or both, for each separate offense. Each day there is a violation of any part of this Ordinance shall constitute a separate offense. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7064; BK 30; PG AMEND CH. 50 OF THE CODE OF ORDINANCES TO CREATE ARTICLE IV - EROSION PREVENTION AND SEDIMENT CONTROL Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 50, BY CREATING ARTICLE IV, EROSION PREVENTION AND SEDIMENT CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The Federal Clean Water Act identifies the City of Paducah as a Phase II Community. The City of Paducah is required to and desires to comply with all applicable state and federal requirements pertaining to the Clean Water Act. This includes the limitation of discharge of pollutants as set forth by the Kentucky Pollution Discharge Elimination System and all provisions of the Federal National Pollution Discharge Elimination Systems. This ordinance creates a new Article IV within Chapter 50 of the Code of Ordinances of the City of Paducah. This new section is intended to protect the general health, safety, and welfare of the citizens of Paducah and to comply with federal legislation. This ordinance will establish criteria to control land disturbances, soil storage, and erosion and sedimentation resulting from disturbing activities and establishes 673 DECEMBER 20, 2005 procedures for issuance, approval, administration, and enforcement of an Erosion Prevention and Sediment Control (EPSC) permit. This ordinance contains a penalty provision that reads as follows: Should the Issuing Authority or City take legal action to enforce the provisions of this Ordinance, the Issuing Authority or City shall be entitled to collect any and all costs in instituting and taking such legal action, including but limited to its court costs and attorney's fees. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD.#2005-12-7065; BK 30; PG SALE OF SPECULATIVE BUILDING IN INFORMATION AGE PARK Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AND A & K CONSTRUCTION, INC., WITH RESPECT TO A PUBLIC PROJECT AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as follows: Finding a public purpose and providing economic incentives and awarding the incentives to A & K Construction, Inc., in consideration of it expanding its existing business and industry by acquiring land, expanding its corporate headquarters, and relocating its corporate headquarters to the Information Age Park Subdivision in McCracken County, Kentucky, authorizing an expenditure up to $15,900 from the Reserve for Economic Development Incentives, and authorizes the Mayor to execute a Memorandum of Understanding for said project. TABLE ABOVE ORDINANCE —SALE OF SPECULATIVE BUILDING Commissioner Coleman offered motion, seconded by Commissioner Guess, that the ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AND A & K CONSTRUCTION, INC., WITH RESPECT TO A PUBLIC PROJECT AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF UNDERSTANDING", be tabled. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORDINANCE — INTRODUCTION DECLASSIFY ENGINEERING ASSISTANT III POSITION TO NON -CIVIL SERVICE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RECLASSIFYING ALL ENGINEERING ASSISTANT III POSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE". This ordinance is summarized as follows: The classes of positions at the City of Paducah which traditionally engineering inspection duties in the City's Engineering Department, as specifically identified herein, are hereby designated as non -civil service. The position is as follows: Engineering Assistant III PRESENTATION UPCOMING PARKS SERVICES PROGRAMS Laurie Blount, Community Recreation Supervisor of the Parks Services Department, gave a powerpoint presentation showing the programs offered by the Parks Services Department for Spring of 2006. A program booklet is sent out 3 times a year to residents of the City. Some of the programs offered are as follows: Fine Art, Health & Wellness, Martial Arts, Athletics, Educational Programs, Teen Board, etc. 674 DECEMBER 20, 2005 WORKSHOP FIRE TASK FORCE REPORT Commissioner Smith gave a report on the recommendations of the Fire Task Force. The Fire Task Force consists of Commissioner Smith, Jim Zumwalt -City Manager and Fire Chief Redell Benton. The goal of the Task Force was to find ways to reduce costs in the Fire Department and increase productivity. After reporting on their findings the Task Force recommends the following: • Freeze Firefighter Hiring until the goal of 60 firefighters in suppression is reached, the City is at 69 currently • Operate with a minimum manning of 17 • Measure the results of the test with monthly reports • Develop Supplemental Manpower • Consolidate EMS Dispatching at 911 • Shift Resources to Prevention A copy of the presentation is included in the minute file and a copy of the report will be received and filed at the Commission meeting on January 10, 2006. The Task Force asked the Commission to review the data that was presented and proceed with a decision. Fire Chief Redell Benton expressed his concerns with the recommendations. Barry Carter, IAFF President, aired the opinions of the union and requested the Board to please consider the ramifications to public safety if the proposed recommendations are approved. CITY MANAGER REPORT Calendar Items Next Meeting will be January 3' , 2006. COMMISSIONER CONCERNS Commissioner Coleman concerns: Complaint by owner of Frame Shop of parking problem at 22°a and Broadway Upon motion the meeting adjourned. ADOPTED: January 10 , 2006 i City Clerk Mayor