HomeMy WebLinkAbout08/26/08AUGUST 26, 2008
At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 26, 2008,
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 Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5).
PROCLAMATION
Mayor Paxton presented a proclamation to the Paducah Kennel Club proclaiming
September 2008 as "Responsible Dog Ownership Month".
' SPOTLIGHT
Pam Spencer, Public Information Officer, spotlight presentation was " Transition to
Digital Television". Due to a federal mandate, TV stations across the nation will
broadcast digitally after February 17, 2009. The FCC contacted Mrs. Spencer in March
to assist in distributing information to several public relations representatives. She has
also provided a link on the City's website to obtain information for this transition.
DUI POLICY
Kenny Hunt, Owner of A & K Construction, spoke highly of Joel Scarbrough's character.
Mr. Scarbrough, Chief Building Inspector, received a DUI citation and was suspended
from employment for 90 days in conjunction with the City's DUI policy.
Human Resources Director, Herschel Dungey, reported he had contacted 6 cities to see if
they had a DUI off-duty policy. Question: Does this City want to amend its DUI policy?
After much discussion, the Mayor instructed Mr. Dungey to gather more information
about other cities' DUI policies and report back to the Commission.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
reading of the Minutes for August 12 and August 19, 2008, 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 Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
APPOINTMENTS
HUMAN RIGHTS COMMISSION
Mayor Paxton made the following reappointments: WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Martha Argotte' and Charles Turok to
the Board of Paducah Human Rights Commission. These terms will expire July 24,
2011."
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing Martha
Argotte' and Charles Turok to the Board of the Paducah Human Rights Commission.
COMMISSIONERS OF WATER WORKS
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Bill Holsapple as a member of the
Commissioners of Water Works to replace Danny Orazine who has resigned. This term
will expire January 6, 2012."
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners approve the action of Mayor Paxton in appointing Bill
Holsapple as a member of the Commissioners of Water Works.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watknis and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
following documents and bid be received and filed:
DOCUMENTS
1. Certificates of Insurance:
AUGUST 26, 2008
(a) Butler Concrete & Construction Inc.
(b) Complete Services
(c) M & W Construction LLC
Payment Bond:
(a) Jim Smith Contracting Company LLC
Performance Bond:
(a) Jim Smith Contracting Company LLC
2. Contracts/Agreements:
(a) Employment Agreement with Sandy Joslyn (2008-7-7445)
(b) Slavin Management Consultants for Police Chief Recruiting (2008-7-
7446)
(c) McCracken County and GPEDC Promissory Note Extension Agreement
& Addendum to Real Estate Mortgage (2008-6-7431)
(d) Memorandum of Understanding between the City of Paducah and the
International Association of Firefighters, Local 168
(e) FEBCO Inc. Plan Document (M.O. 1389) — (plan located in 3 -ring binder
in vault)
3. Deed of Conveyance & Permanent Public Utility Easement with Higdon
Development Inc. for property located at 3465 Olivet Church Road (2008-7-7438)
4. Notice of Called Meetings of the Board of Commissioners for the dates of August
9th, September 13th, October 11th, and November 8th, 2008.
BIDS
PARKS SERVICES DEPARTMENT
NOBLE PARK SOFTBALL/BASEBALL INFIELD UPGRADES
1. McKeel Equipment Company Inc. *
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton.
CREMATORIUM/CREMATION GARDEN PROPOSAL
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the City
Manager negotiate a contract with Roth Funeral Chapel to build a crematorium/cremation
garden in Oak Grove Cemetery and bring it to the City Commission for their
consideration.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton.
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Watkins offered motion, seconded by Commissioner Smith, 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, Kaler, Smith, Watkins and
Mayor Paxton (5).
AMEND PAYROLL TABLE FOR RENAISSANCE
Commissioner Coleman offered motion, seconded by Commissioner Kaler that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE
CLASSIFICATION/PAY SCHEDULE TABLE AND TABLE 3 PAY RANGES FOR
THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY TO RENAME THE
DOWNTOWN DEVELOPMENT DIRECTOR POSITION AND TO CREATE THE
POSITION OF MARKETING MANAGER IN THE DOWNTOWN DEVELOPMENT
DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). M.O.#1395; BK 7; PG
AUGUST 26, 2008
ORDINANCE — ADOPTION
PAWN SHOP ORDINANCE
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners of the City of Paducah adopt an ordinance entitled, "AN
ORDINANCE CREATING NEW SECTIONS IN CHAPTER 86,
"SECONDHAND GOODS", ARTICLE II, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, PERTAINING TO REGULATING THE BUSINESS OF
PAWNBROKERS". This ordinance is summarized as follows: New Sections in Chapter
86 of the City of Paducah Code of Ordinances are hereby created which impose
regulations on pawnshops, in addition to, and as a supplement to the Kentucky Revised
Statutes. These new sections will require a pawnshop, as defined therein, to post a bond
with the City and make specific entries as to each loan and purchase made, including
photographs of all persons who pawn or sell merchandise. The pawnbroker shall
maintain a daily report as to all pawns and purchases and shall submit an electronic
version of the daily reports to the Paducah Police Department on a daily basis. Further,
Section 10 of this ordinance provides penalties for whoever violates any provision of this
ordinance and for which no penalty is otherwise provided.
The penalties provided by Section 10 are as follows:
(a) Any pawnbroker who violates any of the provisions of Sections
86-36 shall be fined not less than twenty dollars ($20) nor more
than one hundred dollars ($100).
(b) Any pawnbroker who violates any of the provisions of Sections
86-33, 86-34, 86-35, 86-37, 86-38, 86-39, 86-40, or 86-41 shall be
fined not less than fifty dollars ($50) nor more than five hundred
dollars ($500), and their city license shall be subject to forfeiture.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7449; BK 31; PG
REVISION OF REGULATIONS FOR PRECIOUS METALS AND
STONES DEALERS
Commissioner Smith offered motion, seconded by Commissioner Watkins, that
the Board of Commissioners of the City of Paducah adopt an ordinance entitled,
"AN ORDINANCE AMENDING SECTIONS 86-61 AND 86-63 OF ARTICLE
III ENTITLED, "PRECIOUS METALS AND STONES DEALERS" OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This
ordinance is summarized as follows: Section 86-61, "Register of Purchases" is
amended to reflect that it shall be the duty of all persons in the purchase or
exchange of secondhand or antique jewelry, coins, watches, diamonds, or other
precious stones, cutlery, old gold, silver, platinum or any other secondhand
manufactured articles composed wholly or in part of gold, silver, platinum or
other precious metals to keep a daily register; to photograph or scan all items
purchased or exchanged; and to keep copies of said photographs or scans for a
period of one-year after the date on which the transaction occurred.
Further, Section 86-63, "Photograph of Seller Required", requires that all persons
involved in business as described in Section 86-61 (a), shall obtain an instant
developing photograph, photocopy of current operator's license or state -issued
identification card of the seller or exchanger of the items.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7450; BK 31; PG
CLOSURE OF FLOURNOY STREET FROM N6TH STREET TO THE
OHIO RIVER
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR
THE CLOSING OF FLOURNOY STREET FROM NORTH 6TH STREET TO THE
OHIO RIVER". This ordinance is summarized as follows: Closing of Flournoy Street
from North 6th Street to the Ohio River, and authorizing, empowering and directing the
Mayor to execute a plat for said area.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7451; BK 31; PG
AUGUST 26, 2008
AMENDMENT TO THE AGREEMENT WITH JJR FOR THE OHIO
RIVER BOAT LAUNCH PROJECT TO INCLUDE MUSSEL SURVEY
AND APE SURVEY
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
CONTRACT MODIFICATION NO.2 TO THE AGREEMENT WITH JJR, LLC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE OHIO RIVER BOAT
LAUNCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME."
This ordinance is summarized as follows: That the City of Paducah hereby approves contract
modification No. 2 to the agreement with JJR, LLC. to include the required mussel survey and
APE survey for the Ohio River Boat Launch Project in the amount of $19,800.00, therefore,
increasing the total contract amount to $230,075.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7452; BK 31; PG
AMENDMENT TO THE AGREEMENT WITH JJR FOR THE TRANSIENT
BOAT LANDING DOCK, RIVERFRONT DEVELOPMENT PHASE I PROJECT
TO INCLUDE MUSSEL SURVEY
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT
MODIFICATION WITH JJR, LLC. FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE TRANSIENT BOAT LANDING DOCK, RIVERFRONT
DEVELOPMENT PHASE I PROJECT". This ordinance is summarized as follows:
That the Mayor of the City of Paducah is hereby authorized and directed to execute a
contract modification with JJR, LLC in the amount of $20,240 for completion of a mussel
survey of the Ohio River bottom within the project area of the Transient Boat Landing
Dock, Riverfront Development Phase I Project, increasing the total contract amount to
$579,840.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7453; BK 31; PG
AGREEMENT WITH THE KENTUCKY DEPARTMENT OF FISH &
WILDLIFE RESOURCES FOR FUNDING ASSOCIATED WITH THE OHIO
RIVER BOAT RAMP PROJECT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A REVISED MEMORANDUM OF AGREEMENT
WITH THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF FISH AND
WILDLIFE RESOURCES FOR FUNDING ASSOCIATED WITH THE OHIO RIVER
BOAT RAMP PROJECT." This ordinance is summarized as follows: That the Mayor is
hereby authorized to execute a revised Memorandum of Agreement between the City of
Paducah, Kentucky and the Commonwealth of Kentucky, Department of Fish and
Wildlife Resources in the amount of $175,000 for funding associated with the Ohio River
Boat Ramp Project for the time period of August 1, 2008 through October 31, 2008.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7454; BK 31; PG
PURCHASE LEAF BAGS
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID OF PAPER SUPPLIES, INC. FOR SALE TO THE CITY OF LEAF BAGS, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This
ordinance is summarized as follows: That the City accepts the bid of Paper Supplies, Inc.
in the total amount of $84,400.00, for leaf bags used by the Public Works Department,
and hereby authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and
Mayor Paxton (5). ORD.#2008-8-7455; BK 31; PG
AUGUST 26, 2008
ORDINANCES — INTRODUCTION
ACCEPT FUNDS FOR THE GOVERNOR'S 2009 HIGHWAY SAFETY
PROGRAM GRANT AWARD FOR LOCAL RAFFIC ENFORCEMENT
PROGRAM
Commissioner Coleman offered motion, seconded by Commissioner Kaler, 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
GOVERNOR'S HIGHWAY SAFETY PROGRAM, A DIVISION OF THE
KENTUCKY STATE POLICE, FOR A GRANT AWARD." 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 Governor's Highway
Safety Program, a division of the Kentucky State Police, in the amount of $40,000 for
salaries and benefits of peace officers working overtime hours and engaged in specific
traffic enforcement activities and specific traffic enforcement related supplies and
equipment.
APPROVE CONTRACT FOR NOBLE PARK BASEBALL/SOFTBALL INFIELD
UPGRADES
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID FOR THE BASEBALL/SOFTBALL INFIELD UPGRADES
LOCATED IN NOBLE PARK, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of
Paducah authorizes the Mayor to execute a contract with McKeel Equipment Company,
Inc., for the baseball/softball infield upgrades located in Noble Park in the amount of
$50,000.00.
AMEND SIGN REGULATIONS
Commissioner Smith offered motion, seconded by Commissioner Watkins, 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 Section
126-76, Sign Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City
of Paducah, Kentucky, be amended for electronic message signs to allow 8 seconds of
static message followed by 2 seconds of transition or animation; amend campus sign
definition to include electronic message signs; require message signs to have controls in
place to prevent flashing when a malfunction or power loss occurs; require message signs
to have brightness controls that adjust to the ambient light where the sign is easily
readable during daytime hours, but not overbearing at night; disallow temporary signs in
instances where a business has an electronic message sign; clear up language related to
portable signs affixed to motor vehicles; limit the amount of temporary signs to 2 per lot
instead of 2 per tenant; and amend the R-4 sign regulations to allow lighted wall signs.
EMPLOYMENT AGREEMENT FOR PLANNING DIRECTOR
Commissioner Watkins offered motion, seconded by Mayor Paxton, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF PADUCAH AND STEVE ERVIN." This ordinance is summarized as follows:
That the Mayor is hereby authorized to execute an Employment Agreement between the
City of Paducah and Steve Ervin for employment as Director of Planning for the City of
Paducah.
AMEND STREET RESURFACING CONTRACT TO REFLECT TOTAL
CONTRACT PRICE FOR 2008 CALENDAR YEAR
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners introduce an ordinance entitled, AN ORDINANCE
AMENDING ORDINANCE NO. 2008-7-7444 ENTITLED, "AN ORDINANCE
ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, INC. FOR
THE CITY'S 2008 CALENDAR YEAR STREET RESURFACING PROGRAM, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This
ordinance is summarized as follows: That the City amends Ordinance No. 2008-7-7444
adopted July 22, 2008, that authorizes the 2008 calendar year resurfacing contract with
Jim Smith Contracting Company, Inc., to reflect the contract amount not to exceed
$801,800.00 and that bid prices for resurfacing materials may be adjusted in accordance
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AUGUST 26, 2008
with the Kentucky Transportation Cabinet Department of Highways Standard
Specifications for Road and Bridge Construction.
CITY MANAGER REPORT
• Calendar Items
• Annual Labor Day Parade will begin at 9:30 a.m. on September 1. The parade route
starts at 2nd and Broadway and will proceed west along Broadway to 17th Street. It is
conducted by the Western Kentucky Labor Day Committee.
• At next Tuesday's commission workshop the final number for expendable fund
balance will be presented
Note: Mayor Paxton spoke about the presentation he made to Sen. McConnell in regards
to the growth in downtown Paducah and the Riverfront project. Sen. McConnell was
impressed with the investment in downtown development.
Upon motion the meeting adjourned.
ADOPTED: September 9 , 2008
01
Jaffmawo -./
City Clerk