HomeMy WebLinkAbout12/13/11DECEMBER 13, 2011
At a Regular Meeting of the Board of Commissioners, held on Tuesday, December 13, 2011, 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).
INVOCATION
Greg Waldrop, Pastor of Fountain Avenue Methodist Church, gave the invocation.
PRESENTATIONS
ANNOUNCEMENTS AND AWARDS TO THE CHRISTMAS PARADE WINNERS
Recreation Superintendent Arnie Clark, of the Parks Services Department, along with Parks Services
Director Mark Thompson and Mayor Paxton, presented the awards as listed below. This year's theme of the
parade was "Do You Hear What I Hear". There were a total of 140 floats in the parade with 98 entries in the
competition.
Themed Float
1. Girl Scouts Troop 395
2. Cub Scout Pack 20
3. St Paul Lutheran Church
4. Pizza Inn
5. Easter Seals Adult Center
Religious Float
1. Reidland United Methodist Church
2. Harmony Baptist Church
3. Amazing Grace Lutheran Church
Non Float
1. Falcon Club of America
2. Diamond Treatment
3. Cub Scout Pack 18
School Float
Paducah Public Schools Transportation Department
Drill Team
1. Paducah Quick Step Cloggers
2. Mayfield Cheerleaders
3. WC Young School for Performing Arts
Band
1. Paducah Tilghman High School Band
2. Reidland High School Band
THANK YOU FOR PRIVATE INVESTMENT IN THE LOWERT.OWN NEIGHBORHOOD
Commissioner Kaler, in her capacity as Mayor ProTem, presented awards to Bob & Terri Dwyer, owners of
properties at 315 Madison, 323 Madison and at 4`h & Madison. She also recognized Pat Herring, owner of
properties at 524 North 8th Street, 528 North 8`h Street and 813 Harrison Street, for their private investment in
the Lowertown Neighborhood. Ms. Herring was unable to attend the meeting due to a prior engagement.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes
for the November 22nd and November 29`", 2011 meetings 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
APPOINTMENTS
PLANNING COMMISSION
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of
Commissioners, I hereby appoint Lorraine Schramke as a member of the Paducah Planning Commission to
replace Kathleen Overlin whose term has expired. This term will expire August 31, 2015."
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners
approve the action of Mayor Paxton in appointing Lorraine Schramke as a member of the Paducah Planning
Commission.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
DECEMBER 13, 2011
BROOKS STADIUM COMMISSION
Mayor Paxton made the following reappointments: "WHEREAS, subject to the approval of the Board of
Commissioners, I hereby reappoint Bill Pinkston and Leo Green as members of the Brooks Stadium
Commission. These terms will expire December 5, 2015."
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners
approve the recommendation of Mayor Paxton in reappointing Bill Pinkston and Leo Green as members of
the Brooks Stadium Commission.
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 be
received and filed.
DOCUMENTS
1. Certificates of Insurance:
(a) AST Environmental Inc.
(b) Comcast of the South
(c) Smith Management Group Inc.
Right of Way Bonds:
(a) AST Environmental Inc.
(b) Pipeworks Plus Inc.
(c) WD Steele Construction Services LLC
2. Contracts/Agreements:
a) TAG Truck Center, previously known as Duckett Truck Center, for the Purchase of One
Rear Packer Refuse Collection Truck (2011-4-7803)
b) Florence & Hutcheson Consulting Engineers for Engineering Services for the Noble
Park Pool Filtration System Upgrade (2011-11-7881)
c) JJR, LLC for Contract Modification #3 for Professional Engineering Re -Design Services
for the Transient Boat Landing Dock for Riverfront Development Phase I Design (2011-
11-7886)
d) Kovatch Mobile Equipment Corp. for the Purchase of a 2012 Rescue Vehicle for the
Paducah's Fire Department (2011-11-7880)
3. City of Paducah Police and Firefighters Pension Fund Statement of Governmental
Accounting Standards Numbers 25 and 27 Actuarial Report of June 30, 2011
4. City of Paducah Police and Firefighters Pension Fund Valuation as of July 1, 2011
5. City of Paducah Appointive Employees' Pension Fund Statement of Governmental
Accounting Standards Numbers 25 and 27 Actuarial Report of June 30, 2011
6. Paducah Water Financial Highlights for October 2011
7. Notice of Cancellation of the Meeting for Tuesday, December 6, 2011 for the Board of
Commissioners of the City of Paducah
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
MUNICIPAL ORDER
PERSONNEL CHANGES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that upon the recommendation of
the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on
the attached list be approved.
(MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
2011 HAZARDOUS MITIGATION GRANT PROGRAM APPLICATION AMENDMENTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order
entitled, "A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 1621 ENTITLED, `A
MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A HAZARDOUS
MITIGATION MATCHING GRANT PROGRAM APPLICATION AND ALL DOCUMENTS
NECESSARY THROUGH THE KENTUCKY DIVISION OF EMERGENCY MANAGEMENT
REQUESTING 75% FEDERAL FUNDS IN THE AMOUNT OF $75,120,12% STATE FUNDS
IN THE AMOUNT OF $12,019, AND 13% LOCAL FUNDS IN THE AMOUNT OF $13,020 FOR
THE PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR AT EITHER
DECEMBER 13, 2011
FIRE STATION NO. 1 "', PARKS DEPARTMENT OR THE POLICE DEPARTMENT, be
adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
M.O.#1636; BK 8
SHEEHAN BRIDGE ROAD SITE FARMING CONTRACT RENEWAL
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal Order
entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FARM
LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND JOSH GOODWIN FOR
LEASE OF THE PROPERTY COMMONLY REFERRED TO AS THE "LINDSEY FARM" IN
MCCRACKEN COUNTY, KENTUCKY FOR AGRICULTURAL PURPOSES ONLY," be
adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
M.O.#1637; BK 8
ORDINANCE — EMERGENCY
FIREFIGHTER OVERTIME LAWSUIT
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY OF PADUCAH, KENTUCKY, TO
ENTER INTO AND SATISFY A STIPULATED JUDGMENT IN BARRY CARTER, ET
AL. v. THE CITY OF PADUCAH, KENTUCKY, McCRACKEN CIRCUIT COURT
CIVIL ACTION # 06 -CI -00072 IN THE AGGREGATE SUM OF $1,280,742.00". This
ordinance is summarized as follows: This Ordinance authorizes the entry of a stipulated
judgment against the City of Paducah in favor of certain current and former firefighters
regarding a claim for unpaid overtime wages in a suit styled Barry Carter et. al. v. City of
Paducah, Kentucky, McCracken Circuit Court, Civil Action No. 06 -CI -00072. The
Ordinance further authorizes and directs the City Finance Director to expend funds in order
to satisfy the stipulated judgment in full for the aggregate amount of $1,280,742.64. The
Ordinance further authorizes and directs the City Finance Director to expend funds to satisfy
the City's legal obligation to pay pension contributions due on account of the additional
wages paid under the stipulated judgment in the approximate amount of $173,000.00 plus
Medicare contributions in the approximate amount of $12,000.00 and contributions for
unemployment insurance and workers compensation in the approximate amount of
$17,000.00.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
ORD.#2011-12-7887; BK 33
ORDINANCES — INTRODUCTION
INTERLOCAL AGREEMENT FOR MAP—GIS CONSORTIUM
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERTIVE AGREEMENT AMONG THE CITY OF PADUCAH,
KENTUCKY AND THE MEMBERS OF THE MAP—GIS CONSORTIUM FOR THE
ACQUISTION AND ADMINISTRATION OF A ESRI MULTI -JURISDICTIONAL
ENTERPRISE LICENSE." This ordinance is summarized as follows: This Ordinance further
authorizes and directs the Mayor to enter into and execute an Interlocal Cooperative Agreement
with the other members of the MAP—GIS Consortium (McCracken County, Paducah Water,
Paducah Power, Paducah -McCracken County Emergency Communication Service Board, and
Paducah -McCracken County Joint Sewer Agency), and any and all other documents which may be
reasonably necessary to comply with the terms and conditions of the aforesaid Interlocal
Cooperative Agreement, so that the members of the MAP—GIS Consortium may join together to
enter into an Environmental Systems Research Institute, Inc., ("ESRI") Multi -Jurisdictional
Enterprise License Agreement for the right of all members to use, deploy, and administer certain
ESRIS software licenses.
COUNTYWIDE MUTUAL AID AGREEMENT FOR FIRE DEPT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE
DECEMBER 13, 2011
CITY OF PADUCAH, KENTUCKY, FIRE DEPARTMENT, CONCORD FIRE PROTECTION
DISTRICT, REIDLAND-FARLEY FIRE DISTRICT, HENDRON FIRE DISTRICT, LONE OAK
FIRE DISTRICT, WEST MCCRACKEN FIRE DISTRICT, AND BARKLEY REGIONAL
AIRPORT AUTHORITY, ESTABLISHING AUTOMATIC/MUTUAL AID IN THE EVENT OF
A FIRE/RESCUE EMERGENCY". This ordinance is summarized as follows: That the City and
the Fire Districts hereby enter into an Agreement to coordinate automatic/mutual aid with all other
parties in their respective jurisdictions in order to maximize the fire suppression effectiveness of
equipment and personnel resources of all parties hereto and to protect the lives and property of the
citizens in the parties respective jurisdictions. This Agreement will govern the responsibilities of
parties within whose jurisdiction an alarm occurs and those parties responding to an alarm outside
their jurisdiction. This Agreement shall remain in full force and effect for a period beginning on the
Effective Date of the Agreement and ending on January 1, 2013. Unless notice of termination is
given at least ninety (90) days before January 1, 2013, the Agreement shall automatically renew for
an unlimited number of successive one (1) year renewal terms.
CREATE REGULATIONS FOR HOMELESS SHELTERS IN ZONING ORDINANCE
Commissioner Kaler offered motion, seconded by Mayor Paxton, that the Board of Commissioners
introduce an ordinance entitled, "AN ORDINANCE REVISING AND CREATING A NEW
SECTION IN CHAPTER 126, ZONING, ARTICLE III OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, PERTAINING TO HOMELESS SHELTERS." This ordinance is
summarized as follows: Revising and creating a new section in Chapter 126, Zoning, Article III,
Section 72 of the Paducah Code of Ordinances to establish regulations for the location of homeless
shelters in the R-3, R-4, B-1, B-3, M-1, M-2 and M- 3 zones to include minimizing land use
conflicts and ensuring that there are adequate services for homeless individuals within the vicinity
of the shelter.
ANNEXATION FOR FALCONITE PROPERTY ON BLEICH ROAD
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE EXTENDING THE
BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE
ANNEXATION OF 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 final annexation of a tract of property contiguous
to the present city limits, located at 156 Bleich Road, containing 3.500 acres.
PURCHASE OF A FORD PICKUP TRUCK UTILIZING THE KY STATE CONTRACT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
PURCHASE OF A 2012 FORD F 150 TRUCK FOR THE CITY OF PADUCAH' S
ENGINEERING -PUBLIC WORKS DEPARTMENT, MAINTENANCE DIVISION, IN
COMPLIANCE WITH THE KENTUCKY STATE PURCHASING CONTRACT." This ordinance
is summarized as follows: The Finance Director is authorized to pay the total sum of $23,186.40 to
Paul Miller Ford, Inc. for the purchase of a 2012 Ford F150 Truck for the City of Paducah's
Engineering -Public Works Department, Maintenance Division, in compliance with the Kentucky
State Purchasing Contract.
REPEALING ORDINANCE CLOSING AN ALLEY FROM THE SOUTH LINE OF
KENTUCKY AVENUE TO THE NORTH LINE OF WASHINGTON STREET, 150' EAST
OF SOUTH 17TH STREET
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE REPEALING IN ITS
ENTIRETY ORDINANCE NO. 75-5-1127, WHICH AUTHORIZED THE CLOSING OF AN
ALLEY FROM THE SOUTH LINE OF KENTUCKY AVENUE TO THE NORTH LINE OF
WASHINGTON STREET NEAR SOUTH 17TH STREET, IN PADUCAH, KENTUCKY, AND
CLARIFYING THAT THE AFORESAID ALLEY IS A PUBLIC RIGHT OF WAY OF THE
CITY OF PADUCAH." This ordinance is summarized as follows: That by the enactment of this
Ordinance the Board of Commissioners hereby repeals in its entirety Ordinance No. 75-5-1127,
which authorizes the closing of the aforesaid alley and clarifies that the aforesaid alley is a public
right of way of the City of Paducah, Kentucky.
DECEMBER 13, 2011
APPROVE AMENDED CONTRACT FOR CITY MANAGER
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 AN ADDENDUM TO THE AGREEMENT TO
EMPLOY JEFFREY A. PEDERSON AS PADUCAH CITY MANAGER". This ordinance is
summarized as follows: The City hereby approves an addendum to the employment agreement with
Jeffrey Pederson and authorizes the Mayor to execute said addendum. The changes are as follows:
Reflect a 1% salary increase effective July 2, 2011; amend terms of payment into the City Manager's
deferred compensation plan; and extend the residency requirement from twelve to fourteen months.
CITY MANAGER REPORT
POWER BILL FOR EXPO AND CONVENTION CENTER
The City Manager, Mayor Paxton, McCracken County Deputy Judge Harnice and McCracken County
Executive Judge Newberry had a meeting discussing the power bill owed to Paducah Power Systems
by the Paducah -McCracken County Convention Center board for the Expo and Convention Center.
This was due to the embezzling of funds from the Expo and Convention Center. The City Manager
asked if the Commission wanted to support paying half of the power bill which as of right now is
$56,790.71 and fund the payment from Commission Contingency.
• After a roundtable discussion and informal vote, the Commission agreed the City
should pay half and agreed the funds should be paid out of the Commission
Contingency account.
PADUCAH RENAISSANCE ALLIANCE DISCUSSION
The City Manager gave four options for the re -structuring of the PRA. A copy of the memo with the
four options outlined is in the minute file. He recommended #4 to transform the current PRA
Management Board to an Advisory Board.
The Board agreed with the City Manager's recommendation. The following motion
was made.
MOTION FOR PADUCAH RENAISSANCE ALLIANCE STRUCTURE
Mayor Paxton offered motion, seconded by Commissioner Watkins, to accept the City Manager's
recommendation for the structure of the PRA Board and staff.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton
(5).
TENT CITY NOTIFICATION
The City Manager read the following press release sent out today by Pam Spencer, Public Information
Officer.
Tent City Notification
PADUCAH, KY — In response to the recent signing of trespassing complaints and a request for
assistance by affected property owners, this morning the Paducah Police Department notified the
people living in the area known as "Tent City" that they will need to seek alternate shelter by noon
tomorrow. Tent City is located on City of Paducah and private property at the end of Tennessee
Street. Several homeless people have chosen to set up tents on the properties.
Officers visited the site this morning, talked with the people on the properties, and handed each
person a flyer that states
The property on which you are staying is private property. The owners of these properties no
longer will allow you to stay here. Therefore, you are hereby ordered to remove your property and
vacate the premises/area by: 12/14/11 at 1200 hours (Noon). If you do not vacate by the above
date and time given, you may be arrested in violation of KRS 511.080, Trespassing.
At the bottom of the flyer is a list of organizations, along with their phone numbers and addresses,
that can provide assistance. The City of Paducah has contacted the various agencies and verified
that they have adequate space for additional residents. Officers offered to make contacts and
transport the people in Tent City to friends, family, or one of the organizations that can provide
assistance. No trespassing signs will be placed on the properties as soon as possible.
DECEMBER 13, 2011
City Manager Jeff Pederson says, "The safest and legal option for those living in the Tent City area
is to seek shelter with friends or family or at a designated agency that provides shelter and can meet
their needs." Pederson adds, "As we head into the colder, winter months, we are afraid for the
health and safety of those trying to live outdoors. There are local shelter options that can provide
people with food and a warm place to stay."
In addition to the trespassing issue, the City of Paducah has become aware of a life safety concern at
Tent City and is obligated to protect those living in its city limits. The colder weather has led to the
erection of large tents that are being heated by wood burning stoves. The City of Paducah is
working with the property owners to have the tents removed. The Kentucky Building Code,
Kentucky Residential Code, and their referenced codes will not allow the use of a portable storage
buildings or tents as temporary or permanent residences. The purpose of building codes is to
protect public health, safety, and general welfare as they relate to the construction and occupancy of
buildings and structures. Prior to the occupancy of any structure, construction document submittals
must be obtained, reviewed, and approved by the City of Paducah Inspection Department.
The Kentucky Residential code mandates minimal provisions for all one and two-family residential
structures. Those provisions stipulate square footage of habitable space, light and ventilation
requirements, permanent heat source, permanent kitchen facilities, permanent sanitation facilities
and the utilities required for them, emergency escape and egress, smoke and carbon monoxide
detection, and interior finishes.
The Paducah Planning Department is moving forward with a recommendation to amend the zoning
ordinance to allow homeless shelters within the Paducah city limits. The introduction of the
ordinance amendment is scheduled for tonight's City Commission Meeting. If approved by the
Paducah City Commission, the ordinance would outline requirements for a homeless shelter
including location constraints, permit requirements, and shelter standards. Before any structure
could be utilized as a homeless shelter, an application for a Conditional Use Permit would need to
be filed which would include a public hearing and Planning Commission and Board of Adjustment
approval.
The following agencies are available to provide assistance
• River City Mission, 1466 Bechtold Road, Paducah, 442-7921
• Paducah Cooperative Ministry, 402 Legion Drive, Paducah, 442-6795
• Four Rivers Behavioral Health, 425 Broadway, Paducah, 442-7121
• Department of Veterans Affairs, Paducah Community Based Outpatient Clinic,620 Perkins
Creek Drive, Paducah, 444-8465
• Family Services Society, 827 HC Mathis Drive, Paducah, 443-4838
Michele Thomas, representing the residents of Tent City, voiced her concerns regarding the
situation of the homeless residents and asked if an extension of time to remove the tents could be
granted.
Mayor Paxton and the Commission advised Ms. Thomas to work with Steve Doolittle, Acting
Director for Inspections Department, to see if there were any legal options for the situation.
COMMISSIONER COMMENTS
None
Upon motion meeting adjourned.
ADOPTED: December 20 , 2011
City Clerk