HomeMy WebLinkAbout06-07-2016JUNE 7, 2016
At a Regular Meeting of the Board of Commissioners, held on Tuesday, June 7, 2016, at 5:30
p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler
presided, and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4). Commissioner Abraham was
absent.
MINUTES
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the reading of the
Minutes for the May 24, 2016, City Commission meeting be waived and that the Minutes of said
meeting prepared by the City Clerk be approved as written.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
INTRODUCTION
Mayor Kaler introduced Julian Carroll Convention Center, Bill & Meredith Schroeder Expo
Center Director of Operations Chuck Tate and Sales Director Michelle Haag Campbell. Both
were appointed in May.
APPOINTMENTS
PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY
Mayor Kaler made the following appointments: "WHEREAS, subject to the approval of the
Board of Commissioners, and jointly with McCracken County Judge Executive, I hereby appoint
Justin Hancock as a member of the Paducah -McCracken County Joint Sewer Agency to replace
Basil Drossos whose term has expired.
FURTHERMORE, subject to the approval of the Board of Commissioners, I hereby appoint
Debra Shemwell Stone as a member of the Paducah -McCracken County Joint Sewer Agency to
replace Bill O'Brien whose term has expired. These terms will expire June 30, 2020."
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners approve the action of Mayor Kaler in appointing Justin Hancock and Debra
Shemwell Stone as members of the Paducah -McCracken County Joint Sewer Agency.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
HISTORICAL AND ARCHITECTURAL REVIEW COMMISSION
Mayor Kaler made the following appointments: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby reappoint Keith Petraitis and Paul King as members of the
Historical and Architectural Review Commission. These terms will expire June 4, 2019."
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners approve the recommendation of Mayor Kaler in reappointing Keith Petraitis and
Paul King as members of the Historical and Architectural Review Commission.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MOTION
R & F DOCUMENTS
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the following
documents and bids be received and filed:
DOCUMENTS
1. Commissioners Deeds:
a.
1209 Salem Street
b.
341 Hays Avenue
c.
1908 Clay Street
d.
1519 Park Avenue
e.
1417 Burnett Street
f.
1931 Hendricks Street
g.
1429 Park Avenue
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JUNE 7, 2016
2. Termination of Lease with Western Kentucky Union Labor Senior Citizens Housing
Corporation for real property located at the Jackson House Apartments and W.B. Sanders
Retirement Center (MO # 1906)
3. Paducah Water Works Financial Highlights for April 2016
4. City of Paducah Financial Report for Period Ending March 31, 2016
BIDS for Planning Department
Sale of 1904 & 1906 Clay Street
1. Latria Hensley*
Sale of 1001 & 1009 Harrison Street
1. W. David Denton*
2. David Jones
Sale of 1418 Walter Jetton Blvd.
1. John Biles
2. Rodger Kendall*
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MUNICIPAL ORDER
SALE OF SURPLUS PROPERTY: 1904 & 1906 CLAY STREET
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF LATRIA HENSLEY IN
THE AMOUNT OF $1 FOR EACH PIECE OF REAL PROPERTY LOCATED AT 1904 AND
1906 CLAY STREET AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND
ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE," be adopted.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MO # 1907; BK 9
SALE OF SURPLUS PROPERTY: 1001 & 1009 HARRISON STREET
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF W. DAVID DENTON IN
THE AMOUNT OF $5,100 FOR EACH PARCEL OF REAL PROPERTY LOCATED AT 1001
AND 1009 HARRISON STREET AND AUTHORIZING THE MAYOR TO EXECUTE A
DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE," be
adopted.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MO # 1908; BK 9
SALE OF SURPLUS PROPERTY: 1418 WALTER JETTON BLVD
Commissioner Gault offered motion, seconded by Commissioner Wilson, that a Municipal Order
entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF ROGER KENDALL FOR $1
TO PURCHASE REAL PROPERTY LOCATED AT 1418 WALTER JETTON BOULEVARD
AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER
DOCUMENTS. NECESSARY TO COMPLETE THE SALE," be adopted.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MO # 1909; BK 9
SUBORDINATION AGREEMENT FOR 1611 MADISON STREET
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING THE SUBORDINATION AGREEMENT BETWEEN THE CITY OF
PADUCAH AND THE PADUCAH BANK AND TRUST COMPANY REGARDING THE
PROPERTY LOCATED AT 1611 MADISON STREET, PADUCAH, KY," be adopted.
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JUNE 7, 2016
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
MO # 1910; BK 9
ORDINANCES — ADOPTION
AUTHORIZE PAYMENT TO VENDOR FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTED DURING THE FREE CLEAN-UP DAY
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
FINANCE DIRECTOR TO PAY CLEAN EARTH, INC., FOR THE DISPOSAL OF
HOUSEHOLD HAZARDOUS WASTE AND ELECTRONIC WASTE COLLECTED
DURING THE CITY/COUNTY FREE CLEAN-UP DAY." This ordinance is summarized as
follows: That the Finance Director is hereby authorized to pay Clean Earth, Inc., the amount of
$42,057.70 for the disposal of household hazardous waste and electronic waste collected during
the City/County free Clean -Up Day.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
ORD 2016-6-8367; BK 34
ACCEPT HOUSEHOLD HAZARDOUS WASTE GRANT AWARD FOR FREE CLEAN-
UP DAY
Commissioner Gault offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING MATCHING GRANT
FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2016
HOUSEHOLD HAZARDOUS WASTE GRANT FOR FUNDING THE ANNUAL CITY/COUNTY
CLEAN-UP DAY; RATIFYING THE MAYOR'S EXECUTION OF THE GRANT AGREEMENT;
AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH
MCCRACKEN COUNTY." This ordinance is summarized as follows: That the City of Paducah hereby
accepts matching grant funds in the amount of $25,500 through the Kentucky Division of Waste
Management for a 2017 Household Hazardous Waste Grant to fund disposal services for the 2017 Annual
City/County Free Clean -Up Day and an educational outreach program. A local match of $12,750 is
required with the City of Paducah and County of McCracken contributing $6,375 each, through cash
and/or in-kind contributions. The City ratifies the Mayor's execution of the Grant Agreement with the
State. Further, the Mayor is authorized to execute an Interlocal Agreement with the County for the City
to act as the legal recipient of the grant award.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
ORD 2016-6-8368; BK 34
LEASE OF PROPERTY FROM JIM SMITH CONTRACTING, LLC
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE
CITY TO ENTER INTO A LEASE WITH JIM SMITH CONTRACTING, LLC FOR THE USE
OF A TRACT OF LAND FOR THE BENEFIT OF THE CITY OF PADUCAH." This
ordinance is summarized as follows: The City Commission hereby authorizes and approves the
City of Paducah to enter into a Lease Agreement with Jim Smith Contracting, LLC for the use of
a tract of land that accommodates the Farmer's Market pavilion, the downtown restrooms and
serves as a parking lot for many downtown activities. Further, the Mayor is authorized to
execute said agreement.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
ORD 2016-6-8369; BK 34
REPEAL SECTIONS IN CHAPTER 38, EMERGENCY SERVICES OF THE PADUCAH
CODE OF ORDINANCES
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 38
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is
summarized as follows: The City of Paducah hereby repeals Sections 38-31, 38-32 and 38-33, of
Chapter 38, Emergency Services due to the City's termination of the Interlocal Cooperation
Agreement with McCracken County for joint E-911 ermegency communication services.
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JUNE 7, 2016
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
ORD 2016-6-8370; BK 34
ESTABLISH THE 911 COMMUNICATIONS SERVICES DEPARTMENT
Commissioner Gault offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ESTABLISHING A 911
COMMUNICATIONS SERVICES DEPARTMENT AS A DEPARTMENT OF THE CITY OF
PADUCAH." This ordinance is summarized as follows: In this ordinance the City is amending
sections in Chapter 2, Administration to create the 911 Communications Services Department
and establishing duties and fees for services. Fees for services are set as follows: All telephone
companies providing landline services to residents of the City of Paducah shall collect from each
line the sum of $2.50 per month, beginning July 1, 2016. In the interim, all telephone companies
providing service to residents of the City of Paducah shall continue to collect from each line the
sum of $1.50 per month.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
ORD 2016-6-8371; BK 34
ORDINANCES — INTRODUCTION
PURCHASE FIRE EQUIPMENT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO ADVANCED FIRE
AND RESCUE EQUIPMENT FOR THE PURCHASE OF RESCUE EQUIPMENT TO BE
USED BY THE PADUCAH FIRE DEPARTMENT." This ordinance is summarized as follows:
That the City of Paducah hereby authorizes and directs the Finance Director to make payment in
the amount of $27,745.00 to Advanced Fire and Rescue Equipment for the purchase of the
rescue equipment listed below to be used by the Paducah Fire Department:
GENESIS E -FORCE CUTTER $9,795.00
GENESIS E -FORCE SPREADER 9,250.00
GENESIS E -FORCE BATTERY (2)@$160 ea. 320.00
GENESIS E -FORCE RAM 7,495.00
GENESIS E -BATTERY PACK 885.00
CONTRACT WITH TYLER TECHNOLOGIES FOR CITY-WIDE SOFTWARE
Commissioner Wilson 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 TYLER TECHNOLOGIES FOR THE
LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS AND
SERVICES". This Ordinance is summarized as follows: This Ordinance approves the execution
of a "Software as a Service Agreement" wherein Tyler Technologies, Inc. will provide the City
with a software and related products and services that will accommodate the City's current data
processing needs.
AMEND NUISANCE CODE ORDINANCE
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board of
Commissioner introduce an Ordinance entitled, "AN ORDINANCE REVISING CHAPTER 42,
ARTICLE II "NUISANCE CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY." This Ordinance can be summarized as follows: This
Ordinance revises and amends Chapter 42, Article II, which article is known as the Nuisance
Code Enforcement Ordinance, to define demolition by neglect, allow the City to determine
demolition by neglect, to provide notice provisions to the alleged violator, to allow the City to
refer such matters to the County Attorney for prosecution and allow penalties for same.
Further, Section 42-44, "Lien; fines, charges, abatement costs, fees, penalties,
attorney fees and costs provides penalties for whoever violates any provision of this ordinance
and is hereby amended and restated as follows:
(a) The city shall possess a lien on the property finally determined to be in violation
of the nuisance code for all fines assessed for the violation and for all charges,
costs, penalties, abatement costs, and fees, including without limitation attorney's
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JUNE 7, 2016
fees and a $15.00 $25.00 administration fee, incurred by the city in connection
with the enforcement of the nuisance code. The lien shall bear interest at the rate
of four percent per annum until paid.
(b) A notice of the lien may be recorded in the office of the county clerk.
(c) Pursuant to KRS 82.720, the lien shall be superior to and have priority over all
other liens on the property, except state, county, school board, and city taxes, and
may be enforced by judicial proceedings.
(d) In addition to the remedy prescribed in subsection (a), the owner or owners of the
property at the time the violation occurred shall be personally liable for the
amount of all fines assessed for the violation and for all charges, costs, penalties,
abatement costs, and fees, including without limitation attorney's fees and a
$25.00 administration fee, incurred by the city in connection with the enforcement
of the nuisance code. The aforesaid amount shall bear interest at the rate of four
percent per annum until paid. The city may bring a civil action against the
responsible owner or owners and shall have the same remedies as provided for the
recovery of a debt.
(e) The city shall be entitled to recover from the responsible owner or owners all
attorney fees and others costs incurred by the city by reason of the collection upon
and enforcement of the responsible owner's or owners' liability hereunder and the
lien which secures the same.
(f) Upon payment, determination of the Nuisance Code Enforcement Board or Court
order, the city shall be authorized to release any lien filed hereunder and recorded
in the Office of the County Clerk.
(g) The provisions of this article shall be enforced in the same manner as other
violations of this Code. Any person violating any of the provisions of this article
shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof,
shall receive a fine not to exceed $250.00 or a jail sentence not to exceed 90 days
for each offense. Each day that such violation continues shall constitute a separate
offense. This article and the foregoing penalties shall not be construed to limit or
den the right of the city or any person to such equitable legal remedies as may be
available by law.
CITY MANAGER REPORT
The City Manager requested a brief executive session pertaining to personnel.
MAYOR & COMMISSIONER COMMENTS
Mayor Kaler announced that a press release would be sent out later in the week regarding a
project that involves experienced local artists including Char Downs as Project Lead Artist and
Jay Downs as Project Manager.
PUBLIC COMMENTS
None were given.
EXECUTIVE SESSION
Commissioner Gault offered motion, seconded by Commissioner Wilson that the Board go into
closed session for discussion of matters pertaining to the following topic:
• Issues which might lead to the appointment, dismissal, or disciplining of an employee, as
permitted by KRS 61.810(1)0.
Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
Upon motion the meeting adjourned.
ADOPTED: June 14, 2016
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City Clerk
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