HomeMy WebLinkAbout12/14/04483
DECEMBER 14, 2004
At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, December 14, 2004, Mayor Paxton presided, and upon
call of the roll by the Assistant City Clerk, the following answered to their names:
Commissioners Coleman, Guess, Montgomery and Mayor Paxton (4). Commissioner
Smith was late (1).
SUSPEND RULES OF ORDER
Commissioner Montgomery offered motion, seconded by Commissioner Guess, that the
rules for conducting City Commission Meetings be suspended insofar as they are in
conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full
force and effect.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery and
Mayor Paxton (4).
Mayor wished everyone in the community a "Merry Christmas". He also stated that Ro
Morse would be leaving her position with the City. The Mayor thanked Ro for her
excellent service to the City and wished the Morse family all the best. He challenged all
the department heads to keep the City like Ro has kept it while serving as Downtown
Events Coordinator.
Commissioner Smith arrived at this time.
APPOINTMENTS
LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Lyman Brown, Tim Kaltenbach, Mike
Lawrence and Rob Wilson to the Law Enforcement Block Grant Advisory Board, which
terms will expire June 25, 2006; and WHEREAS, subject to the approval of the Board of
Commissioners, I hereby appoint Charles Pinnegar to the Law Enforcement Block Grant
Advisory Board, which term will expire June 25, 2006."
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board
of Commissioners approve the action of Mayor Paxton in reappointing Lyman Brown, Tim
Kaltenbach, Mike Lawrence and Rob Wilson and appointing Charles Pinnegar as members
of the Law Enforcement Block Grant Advisory Board.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of
the Board of Commissioners, and jointly with the McCracken County Judge Executive, I
hereby reappoint Sue Clark and Yvonne Holsapple as members of the Paducah -McCracken
County Convention Center Corporation, whose terms will expire September 27, 2007; and
WHEREAS, subject to the approval of the Board of Commissioners, and jointly with the
McCracken County Judge Executive, I hereby appoint Don Mitchell to replace Larry
Sanderson, who has resigned, to the Paducah -McCracken County Convention Center
Corporation. This term will expire September 27, 2006."
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners approve the action of Mayor Paxton and jointly with the McCracken
County Judge -Executive in reappointing Sue Clark and Yvonne Holsapple and appointing
Don Mitchell as members of the Paducah -McCracken County Convention Center
Corporation.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
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DECEMBER 14, 2004
ELECTRIC PLANT BOARD
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Robert Coleman as a member of the
Electric Plant Board. This term will expire December 31, 2006."
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Robert Coleman as a
member of the Electric Plant Board.
Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor
Paxton (4). Commissioner Coleman did not vote since he was being reappointed.
Since this meeting was the last for Commissioner Montgomery, Mayor Paxton
congratulated her on twelve years of service to the City of Paducah and thanked her for her
support of the Commission. Mayor Paxton had to leave early and said it was only
appropriate that Commission Montgomery preside over the last meeting, which is where
she started her public career.
Mayor Paxton left the meeting at this time.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
reading of the Minutes for November 23'a and 29th and December 7, 2004, be waived and
that the Minutes of said meetings prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4).
PRESENTATION
HB413 REVENUE & APPRECIATION TO DELEGATION
Chief Bratton publicly thanked Representative Frank Rasche and Senator Bob Leeper for
their support of legislation, passed last year, HB413 which provides money back to the
cities from court citations issued through the Police Department. Years ago, there was a
City Court that would hear citations and receive the money. Then the system changed. All
Judges work for the State and the money received from citations goes to the state. HB413
provides a formula that returns some of the citation money back to the City.
Mayor Pro Tem Montgomery asked that letters be sent to our elected officials thanking
them for their support.
MOTIONS
R & F DOCUMENTS & BIDS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
following documents and bids be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) Lonnie Wiggins Concrete
(b) Swift & Staley Mechanical
(c) Telephone Answering Service Inc.
(d) TransMontaigne Inc.
(e) W. A. Davis Construction, Inc.
2. Contracts/Agreements:
(a) Swift & Staley Mechanical Contractors, Inc. for HVAC improvements in
City Hall (2004-11-6897)
(b) Paducah Ford for purchase of various vehicles (2004-11-6887)
(c) McCracken County for joint operation of animal control program (2004-8-
6853)
(d) Paducah Cable Authority, West Kentucky Community & Technical College
and Paducah Junior College for operation of the governmental access
channel by WKCTC (2004-10-6879)
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DECEMBER 14, 2004
Deed:
4. (a) Paducah -McCracken County Joint Sewer Agency for property at 2800
James Sanders Boulevard
5. Election Results from November, 2004
6. Oath of Office for Mayor and Commissioners
BIDS
PUBLIC WORKS/SOLID WASTE DIVISION
REAR LOADING REFUSE COLLECTION CHASSIS:& BODY
1. CMI Equipment Sales
2. CMI Equipment Sales
3. Municipal Equipment
4. Municipal Equipment
5. Duckett
6. Stringfellow
FIRE DEPARTMENT
FIRE HOSE AND APPLIANCES
1. Bluegrass Fire Equipment
2. Industrial Hose & Supply, Inc.
3. Pro -Fire Equipment, L.L.C.
4. WSF Fleet Services
5. Tupelo Fire Equipment
Adopted on call of the roll, yeas, Coleman, Guess, Smith and Mayor Pro Tem
Montgomery (4).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Smith offered motion, seconded by Commissioner Coleman, 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 Smith and Mayor Pro
Tem Montgomery (4).
AMEND PAYROLL TABLE 2
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 2,
CLASSIFICATIONS/PAY SCHEDULE FOR NON -CIVIL SERVICE, POLICE AND
FIRE FOR CITY OF PADUCAH EMPLOYEES," be amended.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). M.O. # 1106; BK 5; PG
ORDINANCES — EMERGENCY
REPAIR PUMP AT FLOODWALL PUMP PLANT #2
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AMENDING ORDINANCE NO. 2004-9-6862, ENTITLED, "AUTHORIZING THE
FINANCE DIRECTOR TO PAY FOR THE SOLE SOURCE REPAIR WORK OF A
PUMP LOCATED AT FLOOD CONTROL PUMP PLANT #2 AND TO TRANSFER
FUNDS FOR SAID REPAIR". This ordinance is summarized as follows: The City of
Paducah hereby authorizes the Finance Director to pay to Industrial Maintenance &
Electrical Corporation the amount of Q "�00 $16,500.00 for the repair of a 500 hp
pump located at Flood Control Pump Plant #2 and authorizes the transfer of said funds.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6899; BK 30; PG
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DECEMBER 14, 2004
ORDINANCES - ADOPTION
APPROVE ENGAGEMENT AGREEMENT FOR LEGAL REPRESENTATION
FOR CABLE FRANCHISE NEGOTIATION
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN ENGAGEMENT AGREEMENT FOR
LEGAL REPRESENTATION IN THE CABLE COMMUNICATIONS FRANCHISE
RENEWAL PROCESS." This ordinance is summarized as follows: That the Mayor is
hereby authorized and directed to execute an engagement agreement with Moss & Barnett,
in an amount not to exceed $43,000 for legal representation in the cable communications
franchise renewal process.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6900; BK 30; PG
PURCHASE FRONT LOADER REFUSE TRUCK
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR SALE TO THE CITY OF ONE FRONT LOADING REFUSE COLLECTION
CHASSIS AND BODY, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of CMI Equipment Sales in the amount of $151,670.00, for sale to
the City of one front -loading refuse collection chassis and body, and authorizes the Mayor
to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6901; BK 30; PG
APPROVE CHANGE ORDER #3 FOR PADUCAH PARKS PHASE I PROJECT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 3 WITH WILKINS
CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF PADUCAH PARKS
PHASE I PROJECT." This ordinance is summarized as follows: The Mayor is hereby
authorized and directed to execute Change Order No. 3 in the combined amount of
$5,771.00 for the City of Paducah's Parks Phase I Project, increasing the total contract
price to $824,488.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6902; BK 30; PG
SUPPLEMENTAL BUDGET APPROPRIATION FOR SKATEPARK DESIGN
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
ORDINANCE NO. 2004-6-6827, ENTITLED, "AN ORDINANCE ADOPTING THE
CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR
JULY 1, 2004, THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND
RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT." This ordinance is summarized as follows: Amend the annual budget
for the fiscal year beginning July 1, 2004, and ending June 30, 2005, by a supplemental
appropriation in the amount of $15,000 to the General Fund.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6903; BK 30; PG
HIRE ARCHITECT FOR SKATEPARK DESIGN PROJECT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT FOR
ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF A RECREATIONAL
SKATEPARK." This ordinance is summarized as follows: That the Mayor of the City of
Paducah is hereby authorized and directed to execute an agreement with Lose &
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DECEMBER 14, 2004
Associates, Inc., in the amount of $15;000.00 for architectural services for the development
of a recreational skatepark.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Pro
Tem Montgomery (4). ORD #2004-12-6904; BK 30; PG
ORDINANCES - INTRODUCTION
REVISE VACATION LEAVE ORDINANCE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC.
78-32(a), VACATION LEAVE, OF CHAPTER 78, PERSONNEL, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized
as follows: The City of Paducah hereby amends vacation accrual to reflect the accrual of
vacation time to be the same for all City of Paducah fulltime employees.
PURCHASE REAR LOADER REFUSE TRUCK
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR SALE TO THE CITY OF ONE REAR -LOADING REFUSE COLLECTION
CHASSIS AND BODY, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Duckett Truck Center, Inc., in the amount of $107,603.00, for
sale to the City of one rear -loading refuse collection chassis and body, for use by the Solid
Waste Division/Public Works Department, and authorizes the Mayor to execute a contract
for same.
PURCHASE FIRE HOSE & APPLIANCES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR THE PURCHASE OF FIRE HOSE AND APPLIANCES, FOR USE BY THE
FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Bluegrass Fire Equipment Company in the amount of
$15,390.00 for the purchase of fire hoses and appliances, and authorizes the Mayor to
execute a contract for same.
ZONE CHANGE 5510 CAIRO ROAD
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING
THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE
PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 5510 CAIRO ROAD,
AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT
SUCH REZONING." This ordinance is summarized as follows: Rezone property located
at 5510 Cairo Road from B-1, (Convenience & Service Zone) to M-1, (Light Industrial
Zone), and amending the Paducah Zoning Ordinance to effect such rezoning.
AMEND BUDGET ORDINANCE FOR APPROPRIATION FOR SPECULATIVE
BUILDING II
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING
ORDINANCE NO. 2004-6-6827, ENTITLED, "AN ORDINANCE ADOPTING THE
CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR
JULY 1, 2004, THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND
- RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT." This ordinance is summarized as follows: Amend the annual budget
for the fiscal year beginning July 1, 2004, and ending June 30, 2005, by a supplemental
appropriation in the amount of $85,812 to the Finance Department and increasing the
General Fund revenues by the same amount.
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DECEMBER 14, 2004
AUTHORIZE CONSTRUCTION COSTS FOR SPECULATIVE BUILDING II IN
INDUSTRIAL PARK WEST
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE FINANCE DIRECTOR TO PAY TO McCRACKEN COUNTY FISCAL COURT A
PORTION OF CONSTRUCTION COSTS FOR SPECULATION BUILDING #2 IN
INDUSTRIAL PARK WEST AND AUTHORIZING THE MAYOR TO EXECUTE
DOCUMENTS NECESSARY FOR CONSTRUCTION OF SAME." This ordinance is
summarized as follows: The Finance Director is hereby authorized and directed to pay to
McCracken County Fiscal Court an amount not to exceed $85,812 for a portion of
construction costs for Speculation Building #2 in Industrial Park West and authorizing the
Mayor to execute documents necessary for construction of said building.
APPROVE MEMORANDUM OF UNDERSTANDING WITH LAW SCHOOL
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN AMERICAN JUSTICE SCHOOL OF LAW, INC.,/THE
UNIVERSITY FOR ADVANCED STUDIES/WORLDWIDE INSTITUTE FOR
DISTANCE EDUCATION, THE GREATER PADUCAH ECONOMIC
DEVELOPMENT COUNCIL, THE CITY OF PADUCAH, KENTUCKY AND
McCRACKEN COUNTY." This ordinance is summarized as follows: The Mayor of the
City of Paducah, Kentucky, is hereby authorized and directed to execute a contract
between American Justice School of Law, Inc.,/The University for Advanced
Studies/Worldwide Institute for Distance Education, the Greater Paducah Economic
Development Council, the City of Paducah, Kentucky, and McCracken County for
construction of a private law school and advanced educational institution located in the
Information Age Park.
CITY MANAGER REPORT
• Executive Inn — City Manager distributed a draft copy of a letter from Mayor
Paxton to Yvonne Holsapple. When Executive Inn was originally built there
was a lease agreement because the land the building sits on is owned by the
City. The Lease is still in existence and includes a right of first refusal clause
for the City. Due to the building being sold Ms. Holsapple needs a letter from
the City stating that we do not want to buy the building. Mayor Pro Tem
Montgomery requested the City Manager assure that the City will still have
the right of first refusal with the new owner in case the future would
necessitate the City to use this option. City Manager requested a motion
authorizing the Mayor to execute the letter.
MOTION
EXECUTIVE INN
Commissioner Coleman offered motion, seconded by Commissioner Smith,
that the Mayor is hereby authorized to execute the letter to Yvonne Holsapple
declining the City's right to first refusal for purchase of the Executive Inn.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and
Mayor Pro Tem Montgomery (4).
• Commission Advance with Lyle Sumek will be March 7', Stn, 9th, 2005.
• The regular scheduled Commission meetings for December 21" and 28th have
been cancelled.
• The regular Commission meeting on January 4, 2005 will include the
swearing-in ceremony. Reception will begin at 4:30 p.m.
• Commissioner Coleman advised the Commission that Paducah Power sent a
five-year notice to TVA advising they may sever the contract as the supplier
of electricity for Paducah Power System.
DECEMBER 14, 2004
COMMISSIONER CONCERNS
• Mayor Pro Tem Montgomery has received a concern that the routine testing of
the emergency sirens on the first Saturday of each month at 1:00 p.m. is not
adequately publicized throughout the community. She suggested that during
the week the testing will be held possibly the Paducah Sun could run a short
public announcement reminding residents in the community the regular
testing date and time.
• Mayor Pro Tem Montgomery reviewed the goals she set in 1988 when she
-= first became Mayor and stated that the City has made a lot of progress in a lot
of those areas. She stated it has been wonderful during her tenure as Mayor
and City Commissioner, however she feels it is time to step down so she can
spend more time with family.
Upon motion the meeting adjourned.
ADOPTED: January /_, 2005
Assistant City Clerk