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Home My WebLink About08/22/06IS AUGUST 22, 2006 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 22, 2006, at 6:00 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered- to nsweredto their names: Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). REPORT: REVIEW OF FACT-FINDING REPORT Bill O'Brien, City Union Negotiator, gave a report for the fact-finding report: On June 5 & 6, 2006, the Fact-finding Panel listened to testimony from the City and the representatives of IAFF. The Panel was comprised of city select, Albert Jones (former Mayor), union select, Todd Megibow (attorney) and the Kentucky Commission of Labor recommended Carrie Donald, Professor—Director of University of Louisville Labor -Management Center. On August 11, 2006, the Fact-finding Panel released their recommendations. Mr. O'Brien reviewed the recommendations. A copy of the recommendations will be received and filed. At the conclusion of the presentation, Mr. O'Brien recommended the Commission continue to suspend negotiations until financial impact of lawsuit previously filed by the IAFF is known. Barry Carter, President of IAFF, gave some history regarding the lawsuit of IAFF since it was mentioned in Mr. O'Brien's report. Mr. Carter, speaking on behalf of the IAFF, reported the Union accepted all recommendations of the Fact-finding Panel and asked the Board to accept the recommendations. After discussion among the Board, the following action was taken. MOTION FACT-FINDING RECOMMENDATION Commissioner Coleman offered motion, seconded by Commissioner Smith, "Whereas the City Commission has considered the findings and recommendations of the fact-finding panel; and Whereas if the City firefighters are successful in all the claims in their suit against the City, the cost to City taxpayers could be an estimated $6 million and the windfall payment to the City's 62 firefighters could approach $100,000 apiece; Whereas the City Commission has previously decided to withdraw from further collective bargaining sessions with the IAFF until is has sufficient time to evaluate the potential economic impact to the City of the lawsuit; and Whereas on July 12, 2006 IAFF President Barry Carter advised the City Manager that the IAFF's attorneys were preparing a second lawsuit and that they would soon be approaching the City Attorney with a settlement proposal for the first lawsuit. Now, therefore, I move that the City Commission instruct staff to consider the Fact -Finding Panel's recommendations in setting the City's bargaining position when they return to the bargaining table with IAFF Local 168 and that the Commission reaffirm its earlier instructions to staff. City staff should continue to defer reopening negotiations with IAFF Local 168 until the firefighter's settlement offer is received and its' potential economic impact on the City's taxpayers is evaluated by the City Commission. Adopted on call of the roll, yeas, Commissioners Sirk, Smith and Mayor Paxton (3). Nays, Commissioners Coleman and Guess (2). MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for August 15'`, 2006, 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, Guess, Sirk, Smith and Mayor Paxton (5). RESOLUTION MUSEUM OF THE AMERICAN QUILTER'S SOCIETY DESIGNATION AS "NATIONAL QUILT MUSEUM" Mayor Paxton offered motion, seconded by Commissioner Coleman, that a Resolution entitled, "A RESOLUTION SUPPORTING THE DESIGNATION OF THE MUSEUM OF THE AMERICAN QULITER'S SOCIETY IN PADUCAH, KENTUCKY AS A "NATIONAL QUILT MUSEUM", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). 109 AUGUST 22, 2006 MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: DOCUMENTS 1. Contracts/Agreements: (a) McCracken County and Paducah -McCracken County Riverport Authority to Assist with Purchase of Real Property Located at 2308 South 4h Street (2005-11-7040) (b) Paducah Main Street, Inc. for Specific Services during FY 2007 (2006-7-7151) (c) Paducah Housing Authority for Specific Services during FY 2007 (d) James Marine, Inc. Lease Agreement for Property Located between Kentucky Avenue and Washington Street, the Tennessee River and the Floodwall (M.O. 1229) (e) American Federation of State, County and Municipal Employees Local 1586 (AFSCME) (2006-8-7154) (f) Community Development Block Grant (CDBG) for Recovery Kentucky Project (M.O. 1136) 2. Deeds: (a) Housing Authority of Paducah for Property along Madison, 13th Street, Martin Luther King Jr. Drive and 14th Street (2006-7-7153) 3. Fact Finding Recommendations Regarding the Impasse between International Association of Fire Fighters (IAFF) and City of Paducah 4. Notice of Called Meeting for the Voluntary Smoke -Free Task Force Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5)• MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Sirk 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, Guess, Sirk, Smith, and Mayor Paxton (5). TRANSFER FUNDS TOMAIN STREET TO PURCHASE HOLIDAY DECORATIONS Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $10,000 FROM THE COMMISSION CONTINGENCY ACCOUNT TO PADUCAH MAIN STREET'S ACCOUNT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). M.O. 1230; BK 6; PG PADUCAH & McCRACKEN COUNTY 800 MHz RADIO STUDY Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $30,600.00 FROM THE INVESTMENT FUND ACCOUNT TO PADUCAH-MCCRACKEN COUNTY'S EMERGENCY COMMUNICATION FUNDS FOR CONSULTANT SERVICES FOR THE 800 MHz RADIO STUDY," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). M.O. 1231; BK 6; PG ORDINANCES - ADOPTION DOWNTOWN RECRUITMENT PLAN Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN ADDENDUM TO THE CONTRACT FOR SERVICES WITH PADUCAH MAIN STREET AND TRANSFER FUNDS FROM COMMISSION CONTINGENCY." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an Addendum to the Contract for Services for FY 2006/2007 between the City of Paducah and Paducah Main Street, Inc., for an additional amount of $40,000 and authorizes the Finance Director to transfer said funds from the Commission Contingency Account. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7159; BK 31; PG 110 AUGUST 22, 2006 APPROVE RESIDENTIAL INFILL DEVELOPMENT AGREEMENT FOR LAKEWOOD VILLAS Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A RESIDENTIAL INFILL DEVELOPMENT AGREEMENT WITH HIGDON DEVELOPMENT, INC." This ordinance is summarized as follows: The City Commission does hereby approve the Residential Infill Development Agreement to be executed by and between the City of Paducah and Higdon Development, Inc. for a tract of real property known as Lakewood Villas located on Bleich Road. The Mayor of the City of Paducah, Kentucky, is hereby authorized to execute the infill agreement for and in behalf of the City of Paducah, Kentucky. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7160; BK 31; PG ADOPT SKATEPARK GUIDELINES AMENDMENTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the ordinance introduced on August 15, 2006, entitled, "AN ORDINANCE CREATING ARTICLE V OF CHAPTER 70 OF THE CITY OF PADUCAH CODE OF ORDINANCES AND THEREBY ESTABLISHING THE PADUCAH SKATEPARK AND RULES AND REGULATIONS FOR SAME," be amended with the following changes: Section 4. (17) Sk ting ; :iittea .auFi a. -v hotws my Skating is permitted duringhours established by Parks Services Director. And Section 6. The Padueah c, t , k sh ,, be open in , of ,..,.,. nee : yth_the i,, ufs of „pent,, „� Noble =1r The Paducah Skatepark shall be open during hours established by the Parks Services Director. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ADOPT SKATEPARK GUIDELINES WITH AMENDMENTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners of the City of Paducah adopt an ordinance entitled, "AN ORDINANCE CREATING ARTICLE V OF CHAPTER 70 OF THE CITY OF PADUCAH CODE OF ORDINANCES AND THEREBY ESTABLISHING THE PADUCAH SKATEPARK AND RULES AND REGULATIONS FOR SAME," as amended. This ordinance is summarized as follows: A new Article V of Chapter 70 of the City of Paducah Code of Ordinances is hereby created establishing the Paducah Skatepark and providing rules and regulations for same. Further, Section 13 of this ordinance provides penalties for whoever violates any provision of this ordinance and for which no penalty is otherwise provided. Violators shall be fined up to $50.00 for a first offense, up to $100.00 for a second offense, and up to but not more than $500.00 for each and every offense or violation committed thereafter. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7161; BK 31; PG REIMBURSEMENT AGREEMENT W/PADUCAH POWER SYSTEM FOR ELECTRICAL RELOCATOIN REQUIRED FOR THE OLIVET CHURCH ROAD LEFT TURN LANE ROADWAY IMPROVEMENT PROJECT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH POWER SYSTEM FOR THE ELECTRICAL RECONSTRUCTION REQUIRED FOR THE OLIVET CHURCH ROAD LEFT TURN LANE ROADWAY IMPROVEMENT PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a contract between Paducah Power System and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for electrical reconstruction to complete the Olivet Church Road Left Turn Lane Roadway Improvement Project in the amount of $45,205.01. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7162; BK 31; PG 111 AUGUST 22, 2006 REIMBURSEMENT AGREEMENT WITH PADUCAH HOUSING AUTHORITY FOR MISCELLANEOUS CONCRETE RECONSTRUCTION WITHIN THE CITY RIGHT OF WAY AT VARIOUS HOUSING LOCATIONS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE PADUCAH HOUSING AUTHORITY FOR MISCELLANEOUS CONCRETE RECONSTRUCTION WITHIN CITY RIGHT OF WAY AT VARIOUS PADUCAH HOUSING AUTHORITY LOCATIONS." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a contract between Paducah Housing Authority and the City of Paducah, Kentucky, for reimbursement to the City for labor and concrete materials estimated at $136,000, for concrete reconstruction within City right of way at various Paducah Housing Authority locations. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7163; BK 31; PG UNIFORM RENTAL AND LAUNDRY SERVICE CONTRACT Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR UNIFORM RENTAL AND CLEANING FOR EMPLOYEES IN VARIOUS DEPARTMENTS, FOR PROVIDING MISCELLANEOUS CLEANING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Aramark Uniform Services in an amount not to exceed $54,836.08 for furnishing the City with uniforms for employees in the various departments, for providing miscellaneous cleaning services and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7164; BK 31; PG PURCHASE LEAFBAGS FOR FY2006-2007 Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PURCHASE OF BIODEGRADABLE LEAFBAGS FOR FY2006/2007 AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of BioGroup USA, Inc., for the purchase of 300,000 biodegradable leaf bags in the amount of $114,000 for use in the City of Paducah's Yard Waste Collection Program for FY2006/2007 and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith, and Mayor Paxton (5). ORD.#2006-8-7165; BK 31; PG ORDINANCES — INTRODUCTION CREATE OUTDOOR SALES ORDINANCE Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SALE OF MERCHANDISE OUTDOORS WITHIN THE CITY OF PADUCAH." This ordinance is summarized as follows: The City of Paducah hereby establishes regulations for the sale of merchandise outdoors within the City of Paducah. FUNDING FOR PAXTON PARK GOLF COURSE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH PAXTON PARK GOLF BOARD FOR SPECIFIC SERVICES AND AUTHORIZE THE FINANCE DIRECTOR TO TRANSFER FUNDS TO SAID BOARD." This ordinance is summarized as follows: The City of Paducah authorizes and directs the Mayor to execute a contract with Paxton Park Golf Board in the amount of $36,000 for specific services for the Paducah area and authorize the Finance Director to transfer said funds from Commission Contingency. COMMISSION CHAMBERS SOUND UPGRADE ADDITION Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.2 WITH SOUTHERN BUSINESS COMMUNICATIONS FOR THE COMMISSION CHAMBER SOUND SYSTEM UPGRADE." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 2 for an increase in the amount of $2,510.88 for the City of Paducah's commission chamber sound system upgrade, increasing the total contract price to $26,510.65. AUGUST 22, 2006 CITY MANAGER REPORT • Calendar Items • The budget for FY2006-2007 has been distributed. • Sen. McConnell will present a check to the City for $5.6M on August 28, 2006, for riverfront redevelopment. • The City Manager requested Police Chief Bratton give a summary of last night's incident involving shots being fired in the 1200 block of North 12th Street. COMMISSIONER CONCERNS Commissioner Guess asked the Fire Chief to respond to an article that was in The Paducah Sun regarding the Fire Department's need for special equipment. Fire Chief Benton responded the necessary equipment is thermal imaging cameras. These cameras are used to detect heat within the area that is on fire. It will cut down on the time it takes to find a person in the fire. It is a lifesaving piece of equipment. Commission asked the Chief to get with David Frost, Grants Administrator, for grant funding and they will look into funding for about 5 of these cameras. PUBLIC COMMENTS Mark Sullivan, owner of Heavenly Ham, asked the Commission to give him direction for help with a sewer issue regarding grease traps. Commissioner Smith told Mr. Sullivan to come to the Sewer Board Meeting and ask for a variance. This issue should be handled through the Paducah - McCracken County Joint Sewer Agency Board. Mike Leneave a member of the Paducah Fire Department pleaded for the Commission to understand the urgency for the purchase of the thermal imaging cameras. Upon motion the meeting adjourned. ADOPTED: September 2q(o , 2006 City Clerk 112