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Home My WebLink About03/11/08RM MARCH 11, 2008 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 11, 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 Kaler, Smith, Watkins, and Mayor Paxton (4). Commissioner Coleman was absent (1). PRESENTATION CHARITY LEAGUE FOLLIES Michael Cochran, Director of Market House Theater, Kelly Harris, President of Charity League and Leeann Stilley, Event Chairperson announced the Charity League Follies musical event, "Have A Nice Day," will be March 29, 2008 at Paducah Tilghman High School auditorium at 6:30 p.m. The theme for the musical is based on hits from the 70's. Ms. Harris explained that the Charity League Group is made up of about 50 women who do charity work mostly for Easter Seals. SPOTLIGHT Pam Spencer, PIO, spotlighted Patrol Officer Justin Crowell, recipient of the "Officer of the Year" award for the Paducah Police Department Mayor Paxton read a letter from a resident of McCracken County in support of the Riverfront Development project. MINUTES Commissioner Kaler offered motion, seconded by Commissioner Smith, that the reading of the Minutes for February 26th, March 5th and March 6th, 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 Kaler, Smith, Watkins, and Mayor Paxton (4). RESOLUTION SUPPORT HOUSE BILL 600 -COUNTY EMPLOYEES RETIREMENT SYSTEM Mayor Paxton offered motion, seconded by Commissioner Smith, that a Resolution entitled, A RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 600 OF THE KENTUCKY LEGISLATURE THAT WILL PROVIDE MUCH NEEDED FISCAL RELIEF TO LOCAL GOVERNMENTS THAT PARTICIPATE IN THE COUNTY EMPLOYEES RETIREMENT SYSTEM (CERS)," be adopted. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins and Mayor Paxton (4). APPOINTMENTS BOARD OF ETHICS Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Harold Coleman as a member of the Board of Ethics. This term will expire February 10, 2011." Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Harold Coleman as a member of the Board of Ethics. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). PADUCAH GOLF COMMISSION Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint John Gill as a member of the Paducah Golf Commission. This term will expire March 26, 2012." Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners approve the action of Mayor Paxton in reappointing John Gill as a member of the Paducah Golf Commission. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). 399 MARCH 11, 2008 HISTORICAL AND ARCHITECTURAL REVIEW COMMISSION Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Louis Lovera as a member of the Historical and Architectural Review Commission to replace Carol Gault who has resigned. This term will expire June 4, 2010." Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in appointing Louis Lovera as a member of the Historical and Architectural Review Commission. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). CIVIC BEAUTIFICATION BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Lisa Hely to the Civic Beautification board to replace Eleanor Coffman who has resigned. This term will expire July 1, 2011." Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in appointing Lisa Hely to the Civic Beautification Board. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) A & K Construction Inc. (b) Florence & Hutcheson Inc. (c) Hannan Supply Company Inc. (d) Ivitts Plumbing Contractors Inc. (e) Murtco Inc. (f) Premier Fire Protection Inc. (g) Thomas Concrete Construction 2. Contracts/Agreements: (a) Oscar Cross Boys and Girls Club to Assist with the Purchase of Property at 621 Ohio Street (no ordinance required -under $20,000) (b) Modular Connections, LLC for the Noble Park Restrooms (2008-2-7393) Deeds: (a) Deed of Correction for Closing an Unimproved Alley at 8th and Clark (2006-5-7118) 3. Paducah Water Financial Highlights for January, 2008 4. Notice of Cancellation for the Board of Commissioners Meeting Scheduled March 4, 2008 BIDS PUBLIC WORKS DEPARTMENT SKID STEER LOADER 1. McKeel Equipment * 2. Whayne Supply Company 3. Whayne Supply Company Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). 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. 400 MARCH 11, 2008 (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORDINANCE — EMERGENCY PURCHASE AIR CURTAIN BURNER Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE EMERGENCY PURCHASE OF ONE AIR CURTAIN BURNER UNIT FOR USE BY THE PUBLIC WORKS DEPARTMENT." This ordinance is summarized as follows: The City of Paducah authorizes the Finance Director to pay an amount not to exceed $100,000.00 to Air Burners, LLC for the purchase of one air curtain burner unit for use by the Public Works Department. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7397; BK 31; PG ORDINANCES - ADOPTION REVISION TO INTERLOCAL AGREEMENT FOR E-911 SERVICES Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH AMENDMENTS INCORPORATED BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR 911 EMERGENCY COMMUNICATIONS SERVICES." This ordinance is summarized as follows: That the Mayor is authorized to execute an Interlocal Cooperation Agreement with Amendments Incorporated between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, for 911 Emergency Communications Service. The amendment provides for the appointment of the McCracken County Jailer to serve on the Paducah - McCracken County Emergency Communication Service Board due to federal policy prohibiting agents of the local Alcohol Tobacco and Firearms office from serving on the Board. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7398; BK 31; PG AMEND ZONING ORDINANCE FOR OFF-STREET PARKING REGULATIONS Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-71, OFF-STREET PARKING AND LOADING AREAS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-71, Off -Street Parking and Loading Areas, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to reduce the size of a parking spaces from 10 x 20 ft. to 10 x 18 ft. and to establish new parking regulations for Retail Stores and Shopping Centers. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7399; BK 31; PG APPROVE CONSULTANT CONTRACT FOR HEALTH INSURANCE SERVICES Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH MID -AMERICA AGENCY SERVICES, INC., TO PROVIDE CONSULTING SERVICES REGARDING THE CITY OF PADUCAH'S HEALTH INSURANCE". This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a contract with Mid-America Agency Services, Inc., in the amount of $60,000.00 for consulting services on issues pertaining to the administration of the City of Paducah's health insurance for 2008. An additional fee of $150 per hour, subject to a minimum retainer of $3,000.00, will be charged for services requested by the City or the City's legal counsel. 401 MARCH 11, 2008 Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7400; BK 31; PG RESCIND ORDINANCE FOR TRANSFER OF PROPERTY TO WILLIAM CLARK MARKET HOUSE MUSEUM Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners of the City of Paducah adopt an ordinance entitled, "AN ORDINANCE RESCINDING ORDINANCE NO. 2006-11-7214 AND AUTHORIZING AND APPROVING THE TERMINATION OF AN OPTION TO PURCHASE HELD IN FAVOR OF THE WILLIAM CLARK MARKET HOUSE MUSEUM TO MUNICIPALLY OWNED PROPERTY LOCATED AT SOUTH 2ND STREET AND KENTUCKY AVENUE." This ordinance is summarized as follows: On September 3, 1996, City and the William Clark Market House Museum (the "Museum") did execute and enter into an Option to Purchase the 2nd and Kentucky Property (the "Option to Purchase") for the construction of a new museum building (the "Project"). By mutually agreement City and the Museum agreed to relocate the Project to an alternative site also owned by City and located at South Second Street and Adams Street, Paducah, Kentucky, (the "2nd and Adams Property"). By Ordinance No. 2006-11-7214, adopted November 28, 2006, the City authorized and approved the termination and cancellation of the Option to Purchase as to the 2nd and Kentucky Property and declaring the 2nd and Adams Property to be surplus property and approving the sale of the 2nd and Adams Property to the Museum. Prior to the consummation of the transactions approved and authorized by Ordinance No. 2006-11-7214, the Museum acquired another alternate site for the Project, and subsequently City and the Museum mutually agreed to terminate and cancel the Option to Purchase as to the 2nd and Kentucky Property and the previously approved sale of the 2nd and Adams Property. This ordinance rescinds in its entirety Ordinance 2006- 11-7214, adopted on November 28, 2006, and authorizes and approves the termination and cancellation of the Option to Purchase and authorizes the Mayor to execute same. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7401; BK 31; PG CLOSURE OF A PORTION OF A 30' ALLEY LOCATED IN BLOCK 69 LOCATED NORTH OF 8TH STREET AND EAST OF NORTHVIEW STREET Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A 30' ALLEY LOCATED IN BLOCK 69 NORTH OF 8TH STREET AND EAST OF NORTHVIEW STREET." This ordinance is summarized as follows: That the City of Paducah does hereby authorize the closing of a portion of a 30'alley located in Block 69 north of 8ffi Street and east of Northview Street, and further, authorizes, empowers, and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7402; BK 31; PG ACCEPT GRANT AWARD FOR 2008-2009 UNDERAGE DRINKING ENFORCEMENT GRANT Commissioner Kaler offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY STATE POLICE FOR A 2008-2009 UNDERAGE DRINKING ENFORCEMENT 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 State Police for a 2008-2009 Underage Drinking Enforcement Grant award in the amount of $15,700.00 for advertising, equipment purchases, and man-hours for the educational and enforcement components of underage drinking enforcement. This program will reimburse 100% of approved expenses and does not require any local cash or in-kind match. Adopted on call of the roll, yeas, Commissioners Kaler, Smith, Watkins, and Mayor Paxton (4). ORD.#2008-3-7403; BK 31; PG MARCH 11, 2008 ORDINANCES — INTRODUCTION PURCHASE SKID STEER LEADER FOR PUBLIC WORKS DEPARTMENT Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF A SKID STEER LOADER FOR USE IN THE PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of McKeel Equipment Company, in the total amount of $29,703.67, for a skid steer loader with fork attachments for use in the Public Works Department, and authorizes the Mayor to execute a contract for same. KLC THREE-YEAR RATE GUARANTEE Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF KENTUCKY LEAGUE OF CITIES FOR A THREE-YEAR RATE GUARANTEE FOR WORKERS' COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE COVERAGE FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City accepts the proposal of Kentucky League of Cities for a three-year rate guarantee for Workers' Compensation, Liability Insurance, and Property Insurance Coverage for the City of Paducah ending June 30, 2011. CITY MANAGER REPORT • Have had several meetings with stakeholders regarding the creation of the Renaissance Agency • Next Tuesday's meeting will be a joint city/county workshop to discuss the soccer complex • Also, next Tuesday there will be discussion of the Future Fire Station Location Plan • Request to Waive Penalty & Interest in Regards to the Payroll Withholding Tax for Mike Smith Toyota MUNICIPAL ORDER WAVIE PENALTY & INTEREST FOR MIKE SMITH TOYOTA Commissioner Kaler offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER WAIVING PENALTY AND INTEREST FOR MIKE SMITH TOYOTA (MDS, INC.) IN THE AMOUNT OF $2,632.81 IN REGARDS TO JUNE 30, 2007 AND SEPTEMBER 30, 2007 QUARTERLY PAYROLL WITHHOLDING TAX PAYMENTS," be adopted. Adopted on call of the roll, yeas, Commissioners Smith, Watkins, and Mayor Paxton (3). Nays, Commissioner Kaler (1). M.O. 1370; BK 7; PG COMMISSIONER CONCERNS Comm. Watkins has had some residents contact him about fishing at Noble Park. Is it allowed or not? Trace Stevens of the Parks Department confirmed that fishing is allowed at Noble Park as long as people fish from the concrete areas such as the gazebo, bridge or bandstand areas and have a valid state fishing license. Persons under 16 and over 65 do not have to have a license. Upon motion the meeting adjourned. ADOPTED: March 25 , 2008 _ItJ Anrk City Clerk , % f1 1 Mayo. 402