HomeMy WebLinkAbout08/11/09AUGUST 11, 2009
At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 11, 2009,
at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the
following answered to their names: Commissioners Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
BOY SCOUT TROOP
Corey Copeland and Austin Willis of Troop 422 attended the meeting. They are working
on their communication badge.
PRESENTATION
DUKE AWARD
Mayor Paxton presented a Duke Award to Merle Paschedag. Mr. Paschedag has been an
outstanding citizen for helping to move recycling forward in Paducah. He is one of the
founding members of the recycling organization, Greater Paducah Sustainability a/k/a
GPS.
SPOTLIGHT
Pam Spencer, Public Information Officer, spotlight was the new slogans that have been
created by the Engineering -Public Works Department employees in the Street Division,
Fleet Maintenance Division, and Facility Maintenance Division. The slogans will be
placed on their shirts and equipment. Examples: Mechanics—We Keep It Running;
Custodial Crew—We Make Paducah Shine; Concrete Finishers—We Make It Smooth.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
reading of the Minutes for August 4th, 2009 meeting 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 Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
RESOLUTION
INDUSTRIAL BUILDING REVENUE BONDS FOR GOODWILL INDUSTRIES
Mayor Paxton made the following motion, seconded by Commissioner Gault, that
a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH,
KENTUCKY REQUESTING THAT THE KENTUCKY ECONOMIC
DEVELOPMENT FINANCE AUTHORITY ISSUE INDUSTRIAL BUILDING
REVENUE BONDS TO FINANCE AN INDUSTRIAL BUILDING PROJECT
WITHIN THE CITY FOR GOODWILL INDUSTRIES OF KENTUCKY, INC.,"
be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
AUTHORIZE DISSOLUTION OF CITY OF PADUCAH PUBLIC
IMPROVEMENT CORPORATION
Mayor Paxton made the following motion, seconded by Commissioner Gault, that a
Resolution entitled, "A RESOLUTION AUTHORIZING AND DIRECTING THE
DISSOLUTION OF THE CITY OF PADUCAH PUBLIC IMPROVEMENT
CORPORATION," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
SUSPEND ORDER OF BUSINESS
Commissioner Gault offered motion, seconded by Commissioner Abraham, 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 Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
AUGUST 11, 2009
ORDINANCE — INTRODUCTION
TRANSFER FOREST HILLS PROPERTY TO CITY SCHOOLS
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
APPROVING THE TRANSFER OF REAL PROPERTY LOCATED NEAR THE
INTERSECTION BETWEEN GLENWOOD DRIVE AND ELMDALE ROAD TO THE
PADUCAH INDEPENDENT SCHOOL DISTRICT, AND AUTHORIZING THE
MAYOR TO EXECUTE A DEED FOR SAME." This ordinance is summarized as
follows: That the City of Paducah hereby approves the transfer of real property located
near the intersection of Glenwood Drive and Elmdale Road to the Paducah Independent
School System to be used for the construction of a new school, and authorizes the Mayor
to execute a deed for same.
APPOINTMENT
BOARD OF ADJUSTMENT
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Johanna Rhodes as a member of the
Board of Adjustments. This term will expire August 31, 2013. "
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing Johanna
Rhodes as a member of the Board of Adjustment.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
following documents be received and filed:
DOCUMENTS
1. Contracts/Agreements:
a) AFSCME Contract effective July 1, 2009 through June 30, 2012 (2009-8-
7582)
2. Deed:
a) QuitClaim Deeds for the Closing of a Portion of a 16' Unimproved Alley
Located North of Goodman Drive and East of 632 Lone Oak Road (2009-
5-7545)
Property Owners are: E & T Enterprises, LLC; Jorge Cardenas; 632 Lone
Oak Road PWC, LLC; and Adriana J. Cardenas and Jorge M. Cardenas,
Jr.
3. Petition from Property Owners of the 3200 Block of Jefferson Street asking for
Trash Collection to be returned to the Alley instead of curbside
4. Paducah Water Financial Highlights for June 2009
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Watkins offered motion, seconded by Commissioner Kaler, 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 Abraham, Gault, Kaler, Watkins and
Mayor Paxton (5).
AUGUST 11, 2009
APPROVE PADUCAH WATER TO OBTAIN LOAN ASSISTANCE FOR
COMPLETION OF PADUCAH/REIDLAND INTERCONNECT PROJECT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that a
Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND
AUTHORIZING PADUCAH WATER TO OBTAIN LOAN ASSISTANCE TO
UPGRADE ITS DRINKING WATER TREATMENT FACILITIES," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and
- Mayor Paxton (5). M.O.#1475; BK 8; PG
DRUG-FREE WORKPLACE PROGRAM
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled, "A MUNICIPAL ORDER INSTRUCTING THE CITY
MANAGER TO CREATE A DRUG-FREE WORKPLACE ADMINISTRATIVE
POLICY IN COMPLIANCE WITH 803 KAR 25.280, "CERTIFICATION OF
DRUG-FREE WORKPLACE", FOR ALL FULL-TIME AND PART-TIME
EMPLOYEES OF THE CITY OF PADUCAH AND REPEALING MUNICIPAL
ORDER NO. 995," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). M.O.#1476; BK 8; PG
AMEND COMMISSION PROTOCOLS
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the
Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING A REVISED
MAYOR -COMMISSION PROTOCOL OPERATING GUIDELINES," be adopted.
Prior to the vote being called, Commissioner Abraham read the following statement:
"I have learned over my lifetime that it is always best to ponder things
over before making a decision on most any topic. This allows a person to
look at an issue from many different perspectives. And sometimes what
you thought was not that important—upon closer review-- it's true nature
is revealed and its importance is magnified.
PROTOCOL COMMENTS
Cities of the 2'd Class with the Commission -Manager form of government,
"The Commission" which includes the Mayor is at the top of the
organizational structure.
The Mayor is not classified "above" the Commissioners but is included as
a member of the Commission with "a vote" and NO VETO POWER.
City Manager and employees are subordinates. They do not prepare
policy directive placing the elected representatives in a subordinate
position to the employees.
The elected officials are the citizens representatives and should respond to
the citizens in a manner they deem appropriate.
When the Commission is in session, no single or individual member of the
Commission should decide who should speak (citizens) and the time
limits. Each member of the Commission represents the citizens and
should act accordingly.
The Protocol procedures will place fear in the City employees and will
prevent employees from being open and responsive when contracted by a
Commissioner.
Example: The President of the United States is seeking answers and
information and places a call to the appropriate employee, should the
employee respond by saying Mr. President you should go through the
Chief of Staff!!
AUGUST 11, 2009
Protocol 8, totally disregards the elected City Commissioners and in effect
relegates them to reading motion, municipal order and ordinances and
responding with "aye".
There are constitution issues of free speech afforded to all citizens.
Under the Protocol procedures the Commission's influence diminishes and
the authority of the subordinates increases.
The procedure cannot be used against elected officials but can and will be ,
used against employees. If they respond to an elected officials request.
The elected officials should be intelligent, reasonable and responsive—
The proposed protocol is unnecessary.
More to come."`
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins, and Mayor
Paxton (4). Nays, Commissioner Abraham. (1). M.O.#1476; BK 8; PG
ORDINANCES – ADOPTION
APPROVE CHANGE ORDER #1 WITH ROSCOR CORPORATION
Commissioner Watkins offered motion, seconded by Commissioner Kaler that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH ROSCOR
CORPORATION FOR PURCHASE OF A REMOTE CONTROL CAMERA
PACKAGE FOR USE IN THE COMMISSION CHAMBERS." This ordinance is
summarized as follows: That the Mayor is hereby authorized to execute Change Order
No. 1 for an increase in the amount of $3,255.00 with Roscor Corporation, for addition to
the remote control camera package of six (6) wall mounts and labor and equipment to
install cabling from computers in the Commission Chamber to the TV control room,
thereby increasing the total cost of the project to $35,494.00.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-9-7596; BK 32; PG
AUTHORIZE PURCHASE OF NEW HEAVY DUTY AERIAL LADDER TRUCK
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PIERCE
MANUFACTURING COMPANY INC., FOR PURCHASE OF A NEW HEAVY-
DUTY AERIAL LADDER TRUCK FOR USE BY THE PADUCAH FIRE
DEPARTMENT." This ordinance is summarized as follows: The City of Paducah
accepts the bid of Pierce Manufacturing Company, Inc., in the amount of $701,789.00,
for sale to the City of a new heavy-duty aerial ladder truck, for use by the Fire
Department, and authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7597; BK 32; PG
AUTHORIZE PAYMENT FOR WALL TO WALL MURAL MAINTENANCE
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE FINANCE DIRECTOR TO PAY FOR THE SOLE SOURCE
PURCHASE FOR ANNUAL MAINTENANCE OF THE WALL-TO-WALL MURALS
LOCATED ON THE CITY OF PADUCAH'S FLOODWALL ALONG WATER
STREET." This ordinance is summarized as follows: That the Finance Director of the
City of Paducah, Kentucky, is hereby authorized to pay to Herb Roe the total amount of
$23,150, for annual maintenance of the Wall -to -Wall murals located on the City of
Paducah's floodwall along Water Street.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7598; BK 32; PG
AUGUST 11, 2009
MOU WITH CIVIL DESIGN GROUP/MINDSPRING DEVELOPMENT FOR
PROPERTY LOCATED AT 133 SOUTH 2ND STREET
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PADUCAH, KENTUCKY,
MINDSPRING DEVELOPMENT, LLC, CIVIL DESIGN GROUP, INC., MichAL
HOLDINGS, LLC, PATRICK H. JOHNSON, ALAN CLAY ROBINSON, AND M.
TODD McBEE AS GUARANTORS, WITH RESPECT TO A PRIVATE PROJECT
AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED
TO SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized
as follows: The City hereby approves the Memorandum of Understanding between the
City, Mindspring Development, LLC, Civil Design Group, Inc., MichAL Holdings, LLC,
Patrick H. Johnson, Alan Clay Robinson, and M. Todd McBee as Guarantors. Further,
the City authorizes the Mayor to execute the MOU, together with such other agreements,
instruments, or certifications that may be necessary to provide a $50,000 Property
Rehabilitation Inducement Loan to MichAL for renovation, redevelopment, installation
and/or equipping of the property located at 133 South 2nd Street.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins, and Mayor
Paxton (4). Nays, Commissioner Gault (1). ORD.#2009-8-7599; BK 32; PG
2009 RECOVERY ACT JUSTICE ACCOUNTABILITY GRANT AWARD
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE
EXECUTION OF AN AGREEMENT TO OBTAIN A 2009 RECOVERY ACT
JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF
JUSTICE, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, IN AN
AMOUNT UP TO $149,527, TO BE USED BY THE PADUCAH POLICE
DEPARTMENT AND MCCRACKEN COUNTY SHERIFF'S DEPARTMENT, AND
FURTHER, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH MCCRACKEN COUNTY FOR SAID GRANT." This ordinance
is summarized as follows: That the City of Paducah hereby approves the execution of an
agreement to obtain a 2009 Recovery Act Justice Accountability Grant through the U.S.
Department of Justice, American Recovery and Reinvestment Act of 2009, in an amount
up to $149,527 to be used by the Paducah Police Department and McCracken County
Sheriff's Department. The funds will be allocated 57% ($85,221) to the City Police
Department and 43% ($64,306) to the McCracken County Sheriff's Department based on
911 -call volume and further authorizes the Mayor to execute an Interlocal Agreement
between the City of Paducah and McCracken County to act as the legal recipient and
fiscal agent for said grant.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7600; BK 32; PG
2009 JUSTICE ASSISTANCE EDWARD BYRNE GRANT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
THE EXECUTION OF AN ON-LINE GRANT APPLICATION TO OBTAIN A 2009
EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH
THE U.S. DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE
ACT OF 2009, IN AN AMOUNT UP TO $43,984, TO BE USED BY THE PADUCAH
POLICE DEPARTMENT AND MCCRACKEN COUNTY SHERIFF'S
DEPARTMENT, AND FURTHER, AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY FOR SAID GRANT."
This ordinance is summarized as follows: The City of Paducah hereby approves the
execution of an on-line grant application to obtain a 2009 Edward Byrne Memorial
Justice Accountability Grant through the U.S. Department of Justice, Edward Byrne
Memorial Justice Act of 2009, in an amount up to $43,984 to be used by the Paducah
Police Department and McCracken County Sheriff's Department. The funds will be
allocated 57% ($25,071) to the City Police Department and 43% ($18,913) to the
McCracken County Sheriff's Department based on 911 -call volume and further
- - , _ ,- . F .1 --T
AUGUST 11, 2009
authorizes the Mayor to execute an Interlocal Agreement between the City of Paducah
and McCracken County to act as the legal recipient and fiscal agent for the grant.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7601; BK 32; PG
CLOSURE OF A PORTION OF LINDSEY STREET AND AN UNIMPROVED
ALLEY FOR THE CREMATORIUM LEASE PROPERTY
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt.an ordinance entitled, "AN ORDINANCE PROVIDING
FOR THE CLOSING OF A PORTION OF LINDSEY STREET, A PORTION OF A 15'
WIDE ALLEY, AND A PORTION OF AN 18' ALLEY BEING LOCATED BETWEEN
NORTH 20TH STREET AND NORTH 21sT STREET AND NORTH OF PARK
AVENUE". This ordinance is summarized as follows: Closing of a portion of Lindsey
Street, a portion of a 15' wide alley, and a portion of an 18' alley being located between
North 20th Street and North 21St Street and North of Park Avenue, and authorizing the
Mayor to execute a quitclaim deed from the City to the property owners in or abutting the
public way to be closed.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7602; BK 32; PG
AMEND RULES OF PROCEDURE FOR COMMISSION MEETINGS
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of
Paducah hereby amends Sec. 2-145, 147, 148, 149, and 151, Rules of Procedure, of the
Code of Ordinances of the City of Paducah for City Commission Meetings, to amend the
rules of procedure for the Commission meetings of the Board of Commissioners for the
City of Paducah, Kentucky. -
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7603; BK 32; PG
MEMORANDUM OF UNDERSTANDING WITH CONVENTION CENTER
CORPORATION FOR PAYROLL AND OTHER SERVICES
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH
AND PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER
CORPORATION FOR THE CITY TO SERVE AS THE DIRECT, STATUTORY
EMPLOYER FOR A FULL-TIME EMPLOYEE TO LEASE, MANAGE, AND
OPERATE THE PADUCAH-McCRACKEN COUNTY CONVENTION CENTER AND
EXPO CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This
ordinance is summarized as follows: That the City of Paducah approves a Memorandum
of Understanding (MOLD between the City of Paducah and Paducah -McCracken County
Convention Center Corporation for the City to serve as the direct, statutory employer to
make payment of salary and provide benefits for a full-time employee to lease, manage
and operate the Paducah -McCracken County Convention Center and Expo Center.
Further, the City authorizes the Mayor to execute the MOU.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and
Mayor Paxton (5). ORD.#2009-8-7604; BK 32; PG
ORDINANCES — INTRODUCTION
2009 COPS HIRING RECOVERY PROGRAM (CHRP) GRANT AWARD
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO
OBTAIN A 2009 COPS HIRING RECOVERY PROGRAM GRANT THROUGH THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009." This ordinance is
summarized as follows: That the Mayor is hereby authorized to execute all documents
necessary to obtain a 2009 COPS Hiring Recovery Program Grant through the American
AUGUST 11, 2009
Recovery and Reinvestment Act of 2009 in the amount of $607,194 for the hiring of three
police officers for the City of Paducah in an effort to create and preserve jobs, and to
increase community policing and crime prevention efforts. This award will provide three
officers for three years beginning July 2009 through June 2012, with the City retaining
the officers for one additional year through June 2013.
CITY MANAGER REPORT
❖ Calendar Items
❖ Commission Neighborhood Walk on Saturday, August 15th. The walk will be on
Jefferson Street between 17th and 28th Street.
❖ Commission meeting for next week is cancelled.
COMMISSIONER COMMENTS
Commissioner Gault asked Downtown Development Director Steve Doolittle to explain
the streamlining of the permit process for Paducah Art a'la Cart.
Paducah Art a'la Cart is a dream in the making. The desire is to make Paducah,
Kentucky, a more vibrant art community by getting artists out in the streets to
work in their chosen field of art such as painting, drawing, ceramics, glass, and
sculpture, as well as other fine art crafts. By working outdoors in a public area the
artists contribute to the economic success of the city as well as educating the
public in the process of art making.
Art a'la Cart is dedicated to the development and education of an art cultural
community here in Paducah. Developing an artist set up area at the gazebo in
historic downtown at 2nd Street and Broadway and at the Texaco sign area in
the Lowertown art district at Madison and 7th streets is the goal of the program.
Educating the community in the process of making art and having the opportunity
to interact with the local artists at these two sites promotes goodwill between the
artists and the public. The sale of artwork generates income for the artists, and
brings more people into the area, which helps with the economic growth of the
city.
The beautifully designed and crafted carts which the artists will be working from
will help facilitate the artists in setting up and working in their medium. These
carts are sponsored by area businesses and will have a consistent and
professional look as well as ease of use.
(Copied from the Paducah Art a'la Cart website.)
Upon motion the meeting adjourned.
ADOPTED: August 25 , 2009
S.)%dc
City Clerk
i --q-r I F -7-