HomeMy WebLinkAbout04/27/10APRIL 27, 2010
At a Regular Meeting of the Board of Commissioners, held on Tuesday, April 27, 2010, 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, Watkins and Mayor Paxton (4).
Commissioner Kaler arrived late (1).
PRESENTATION
THANK A VETERAN
Mayor Paxton presented a proclamation to Sandy Hart proclaiming May 2010 as "Thank a
r, Veteran" month.
SPOTLIGHT
Pam Spencer, Public Information Officer, spotlight was the Retired Senior Volunteer
Program (RSVP). Al Knudsen is the director. This year is the 30th anniversary for the
program. The program is to help coordinate volunteers 55 years old and over to help with
different projects such as reading to children at the Paducah Day Nursery, partnering with the
McCracken County 4-H Office, etc. The volunteer hours total for 2009 is 75,697.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading
of the Minutes for the April 13th, 2010 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).
APPOINTMENTS
BOARD OF ADJUSTMENT
Mayor Paxton made the following appointment: " WHEREAS, subject to the approval of the
Board of Commissioners, I hereby appoint Joseph Benberry as a member of the Board of
Adjustment to replace Jessica Byassee who has resigned. This term will expire August 31,
2011."
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Joseph Benberry as a
member of the Board of Adjustment.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
PADUCAH-McCRACKEN COUNTY URBAN RENEWAL & COMMUNITY
DEVELOPMENT AGENCY
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Jipaum Askew -Robinson to the Paducah -
McCracken County Urban Renewal and Community Development Agency. This term will
expire February 23, 2014."
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Jipaum Askew -
Robinson as a member of the Paducah -McCracken County Urban Renewal and Community
Development Agency.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the following
documents and bids be received and filed:
DOCUMENTS
1. Contracts/Agreements:
a) Federal Emergency Management Agency and Department of Homeland Security
Grant Agreement Articles for the FY 2009 Assistance to Firefighters Grant (2010-4-
7670)
APRIL 27, 2010
b) Smith Lawn Care for a One -Year Extension of the Grounds Maintenance Contract for
City -Owned Property (2008-5-7422)
c) Kentucky Department of Transportation Enhancement Grant Award for the
Greenway Trail Project Phase II (2010-1-7648)
d) James W. Zumwalt Severance Agreement and Release (2010-4-7666)
e) Change Order No. 1 with Arizon Structures for Pavilion Structure Phase I (2010-3-
7662)
2. Deed: 600 North 4th Street, Paducah, Kentucky (2010-3-7660)
a. Deed of Gift from Life Care Centers of American, Inc. to Paducah
Renaissance Alliance
b. Quitclaim Deed from Life Care Centers of America, Inc. to Paducah
Renaissance Alliance
c. Deed of Conveyance from Paducah Renaissance Alliance to the City of
Paducah
3. Transcript of Proceedings for General Obligation Public Project Bonds, Series 2010,
for Financing the Costs of Acquisition, Construction, and Installation of Public
Projects in the City of Paducah (2010-2-7654) [Sports Park Property, Pavilion,
Greenway Trail, Noble Park Parking Lot Resurfacing, Generators, City Street
Resurfacing, Traffic Signals and Executive Inn Acquisition]
4. Notice of Joint Called Meeting of the Board of Commissioners and McCracken
County Fiscal Court for April 19, 2010.
5. Notice of Cancellation of the Joint Called Meeting of the Board of Commissioners
and McCracken County Fiscal Court for April 19, 2010.
BIDS
PLANNING DEPARTMENT
SALE OF CITY PROPERTY LOCATED AT 2315 CENTER STREET
1. Scott & Leslie Hensley
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that upon the
recommendation of the Interim City Manager, the Board of Commissioners of the City of
Paducah order that the personnel changes on the attached list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY — VENDOR REQUESTS
FOR PAYMENT, PROCUREMENT PROCEDURES
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE FINANCE
DEPARTMENT OF THE CITY TO MAKE PROMPT AND DIRECT PAYMENTS OF
INVOICES PRESENTED BY PADUCAH RIVERFRONT DEVELOPMENT
AUTHORITY UPON APPROVAL OF THE FINANCE DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1536; BK 8
SALE OF SURPLUS PROPERTY
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER APPROVING THE SALE OF REAL PROPERTY
LOCATED AT 2315 CENTER STREET IN THE AMOUNT OF $2,000 TO SCOTT AND
LESLIE HENSLEY, be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.91537; BK 8
APRIL 27, 2010
FLEET MAINTENANCE PLAN FOR FY2011
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE FY11 FLEET PLAN FOR
THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1538; BK 8
TRANSFER OF COMMISSION CONTINGENCY FUNDS FOR LOWERTOWN
ARTS AND MUSIC FESTIVAL AND SEVERANCE PAYOUT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal
Order entitled, " A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE
FINANCE DIRECTOR TO TRANSFER $10,000.00 FROM THE COMMISSION
CONTINGENCY ACCOUNT TO THE LOWERTOWN ARTS & MUSIC FESTIVAL
ACCOUNT FOR THE LOWERTOWN ARTS AND MUSIC FESTIVAL AND TO
TRANSFER $81,070 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE
GENERAL GOVERNMENT ACCOUNT FOR THE ZUMWALT SEVERANCE
PACKAGE PAYOUT," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1539; BK 8
City Clerk had the following item out of order on the agenda.
ORDINANCE — INTRODUCTION
2010 PROJECT SAFE NEIGHBORHOODS 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 WITH THE
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT FOR A 2010 PROJECT
SAFE NEIGHBORHOODS GRANT AWARD." This ordinance is summarized as follows:
The Mayor is hereby authorized to execute all documents necessary with the
Louisville/Jefferson County Metro Government for a 2010 Project Safe Neighborhoods
Grant Award in the amount of $15,000.00 for the purchase of equipment for the Paducah
Police Department. The award does not require any local matching funds.
MUNICIPAL ORDERS CONT.
2010 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
KENTUCKY HOUSEHOLD WASTE MANAGEMENT GRANT APPLICATION AND
ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY ENVIRONMENTAL
AND PUBLIC PROTECTION CABINET, DIVISION OF WASTE MANAGEMENT IN
THE AMOUNT OF $27,000 TO ASSIST IN FUNDING THE CITY/COUNTY 21sT
ANNUAL CLEAN-UP DAY", be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1540; BK 8
2010 KENTUCKY RECYCLING GRANT APPLICATION
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
KENTUCKY RECYCLING GRANT APPLICATION AND ALL DOCUMENTS
NECESSARY THROUGH THE KENTUCKY ENVIRONMENTAL AND PUBLIC
PROTECTION CABINET, DIVISION OF WASTE MANAGEMENT IN THE
AMOUNTOF $60,000 TO PURCHASE A HORIZONTAL BALER FOR USE AT THE
VOLUNTEER -OPERATED RECYCLING DROP OFF CENTER," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). M.O.#1541; BK 8
ORDINANCES — ADOPTION
APPROVE SUNDAY ALCOHOL SALES FOR TEMPORARY EVENT LICENSES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE REVISING AND
APRIL 27, 2010
CREATING A NEW SECTION IN CHAPTER 6, ALCOHOLIC BEVERAGES, ARTICLE
I OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO
SPECIAL OR TEMPORARY LICENSES." This ordinance is summarized as follows: The
sale of distilled spirits, wine, and malt beverages by the drink shall be permitted on Sundays
from 1:00 p.m. until 10:00 p.m. for licensees, holding a special temporary license issued
pursuant to KRS Chapter 243 and Section 6-40 of the Code of Ordinances of the City of
Paducah. Provided, however, the licensee shall only be permitted to sell such type of
alcoholic beverage for which it is licensed and shall comply with all restrictions otherwise
placed on said license. Further, a new section of Chapter 6- Article I, of the Code of
Ordinances of the City of Paducah, entitled, "Penalties" shall be created to incorporate the
section formerly known as Section 6-7, Penalties, which shall read as follows: Whoever
violates any provision of this chapter for which another penalty is not already otherwise
provided shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of
not more than $500.00, or imprisonment for not more than 30 days or both, for each offense.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, and Mayor Paxton (3). Nays,
Commissioners Abraham and Watkins (2). ORD.#2010-4-7672; BK 32
AMENDMENT #1 TO FREQUENCY RECONFIGURATION AGREEMENT
(REBANDING OF CITY RADIO SYSTEM)
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING
AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF PADUCAH AND
NEXTEL SOUTH CORP., FOR RE -BANDING OF THE 800 MHZ PUBLIC SAFETY
RADIO SYSTEM, AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah
approves Amendment #1 to the Frequency Reconfiguration Agreement between the City of
Paducah and Nextel South Corp. for the 800 MHz public safety radio system and authorizes
the Mayor to execute said amendment.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5). ORD.#2010-4-7673; BK 32
ORDINANCES — INTRODUCTION
2010 KENTUCKY LEAGUE OF CITIES (KLC) INSURANCE SERVICES SAFETY
GRANT APPLICATION
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL
DOCUMENTS RELATING THERETO WITH THE KENTUCKY LEAGUE OF CITIES
FOR A 2010 SAFETY AND LIABILITY MATCHING GRANT." This ordinance is
summarized as follows: The Mayor is hereby authorized and directed to execute a Grant
Agreement and all documents relating thereto with the Kentucky League of Cities, that will
reimburse the City up to $3,000.00 for the purchase of three chain saw safety carriers for the
Police Department, one staff registration for KLC Environmental & Health Safety Training,
and six traffic safety marking systems for the Fire Department. This program requires local
matching funds of $3,005.00 and will be provided from the Risk Management budget.
AMEND ZONING ORDINANCE FOR TEXT CHANGE
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING
CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sections 126-
66, "Height Limitation Exceptions"; 126-68(a)(3), "Conditional Use"; 126-71(e), "Off -Street
Parking and Loading Areas"; 126-76(c)(14), (c)(17)(2)(ii), (c)(17)(3)(ii), (c)(17)(4)(ii),
(g)(3), and (r)(2)(g), "Sign Regulations"; 126-78(d)(3), "Adult Entertainment Activities";
126-102(4)(e), "Low Density Residential Zone (R-1)"; 126-103(2)(e), "Low and Medium
Density Residential Zone (R-2)"; 126-104(2)(f), "Medium Density Residential Zone (R-3)";
126-105(1)(h), "High Density Residential Zone (R-4)"; and 126-120(2)(g), Neighborhood
Services Zone (NSZ)", of Chapter 126, Zoning of the Code of Ordinances of the City of
Paducah, Kentucky is hereby amended to replace the word "Church" with "Places of
Worship" to be more inclusive and bring the Paducah Zoning Ordinance in compliance with
the Religious Land Use and Institutionalized Persons Act.
APRIL 27, 2010
AGREEMENT FOR SITE PLAN DESIGN FOR NEW FIRE HEADQUARTERS
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH PECK, FLANNERY, GREAM,
WARREN, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE DESIGN
OF A NEW FIRE HEADQUARTERS." This ordinance is summarized as follows: That the
Mayor of the City of Paducah is hereby authorized to execute an Agreement with Peck,
Flannery, Gream, Warren, Inc., in an amount not to exceed $25,700.00 for professional
services associated with the design of a new fire headquarters.
MOBILE DATA COMPUTER EXPANSION PROJECT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
PURCHASE OF MOBILE DATA COMPUTERS FOR USE IN THE PADUCAH FIRE
DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby
authorizes the Finance Director to make payment to Prosys in the amount of $45,078.00, for
purchase of eleven mobile data computers for the Paducah Fire Department, and authorizes
the Mayor to execute a contract for same.
THERMAL IMAGING CAMERAS/ASSISTANCE TO FIREFIGHTERS GRANT
AWARD
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
FINANCE DIRECTOR TO PAY FOR THE SOLE SOURCE PURCHASE OF THERMAL
IMAGING CAMERAS FOR THE PADUCAH FIRE DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME. This
ordinance is summarized as follows: That the City of Paducah hereby authorizes the Finance
Director to make payment to Bluegrass Uniforms, in the amount of $25,521.00, for purchase
of 3 thermal imaging cameras for use by the Paducah Fire Department, and authorizes the
Mayor to execute a contract for same.
CHANGE ORDER #1 FOR REPORT OF THE BUSINESS LICENSE TAX RATE
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE CHANGE ORDER #1 WITH MARTIN, COLSON, HALE &
HENDERSON, TO PREPARE A REPORT ON THE RANGE OF POSSIBLE TAX RATES
EXPECTED FOR BUSINESS LICENSE TAX ASSUMING A CHANGE TO NET
INCOME BASIS AND THE SIGNIFICANT ASSOCIATED ASSUMPTIONS FOR THE
CITY OF PADUCAH". This ordinance is summarized as follows: That the Mayor is hereby
authorized to execute Change Order No. 1 with Martin, Colson, Hale, and Henderson, to
complete additional research to identify which entities would pay more and less in license tax
fees and the magnitude of such change, overall and by business classification for an increase
in the amount of $1,850, increasing the total cost to $9,350.
PADUCAH RENAISSANCE ALLIANCE REPORT
Steve Doolittle, Executive Director for PRA, thanked all city employees that helped to make
the annual Quilt Show a success. Mayor thanked the Commission for having the courage to
purchase the pavilion so the quilt show would be a success.
DOWNTOWN AFTER DINNER (D.A.D.)
Mr. Doolittle announced that the event will begin on Saturday of Memorial Day weekend.
PRA had its monthly board meeting with lots of attendees interested in the D.A.D event. Out
of that meeting the following was determined:
• It is the opinion that D.A.D. needs to improve
• Street closure is an issue
• Chairman Brockenborough appointed an ad hoc committee to address the issues
• The event will begin at either Fourth or Fifth Street
Steve Utz will be the D.A.D. event coordinator
CITY MANAGER REPORT - Interim City Manager Jon Perkins
• Calendar Items
• May 6h --Mayor's Prayer Breakfast
• May 21 — 23 — Lowertown Arts & Music Festival
APRIL 27, 2010
• Mercer Consulting mailed out City information to candidates for city manager
position—hope to start interviews in July
• Cancel meeting for Commission workshop on May 6th
COMMISSIONER COMMENTS
• Commissioner Gault—Asked Planning Director Steve Ervin to address the tree
removal that is going on at Anderson Court during the redevelopment of the court
• Commissioner Abraham—Attended the KLC Black Caucus Local Elected Officials
meeting. The President of the Black Caucus has informed him that the organization
wants to have a meeting here in July.
• Commissioner Kaler — She and Commissioner Watkins attended the Endowment
Dinner at the Emerging Technology Center on Sunday, April 25th. Amber Suggs,
former intern for City Manager Zumwalt, was the keynote speaker.
PUBLIC COMMENTS
Dawn Attebury and Gretchen Smith expressed their discontent with Paducah Renaissance
Alliance.
Upon motion the meeting adjourned.
ADOPTED: May _11, 2010
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City Clerk