HomeMy WebLinkAbout10/10/06133
OCTOBER 10, 2006
At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 10,
2006, at 6:00 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk,
the following answered to their names: Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). Commissioner Guess was absent (1).
PRESENTATION
VOLUNTARY SMOKE-FREE PLAQUES
Craig Kittner, Chairman of the Volunteer Smoke Free Task Force, presented a plaque to
Tokyo Sushi owned by Jenny Lee. He recognized the restaurants, Cynthia's and J's Cafe
for voluntarily going smoke free. (Plaques will be sent to them.)
ISO REPORT
Fire Chief Benton reported that the City has received its ISO report and it will retain its
rating of 3.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
reading of the Minutes for September 26th and October 3rd, 2006, 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 Coleman, Sirk, Smith and Mayor
Paxton (4).
APPOINTMENTS
BOARD OF ADJUSTMENT
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint William E. Baxter as a member of the
Board of Adjustment. This term will expire August 31, 2010."
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing William E.
Baxter as a member of the Board of Adjustment.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
PADUCAH-MCCRAKCEN COUNTY RIVERPORT AUTHORITY
Mayor Paxton made the following reappointment: WHEREAS, subject to the approval
of the Board of Commissioners, I hereby reappoint Dick Rushing to the Paducah -
McCracken County Riverport Authority, which term will expire September 26, 2010."
Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners approve the action of Mayor Paxton in reappointing Dick Rushing to
the Paducah -McCracken County Riverport Authority.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
MOTIONS
R & F DOCUMENTS
Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the
following documents be received and filed:
DOCUMENTS
1. Contracts/Agreements:
(a) 5H Technologies, Inc. for Preliminary Action Plan for Greenways Trail (no
ordinance required — under $20,000)
(b) Paxton Park Golf Board for Sharing Facilities with Paducah Parks Services
(2006-9-7168)
2. Paducah Water Works Financial Statements for Years Ended June 30, 2006 and
2005
3. Paducah Junior College Financial Statements for Year Ended June 30, 2006
4. Paducah Water Financial Highlights for August, 2006
5. Notice of Paducah City Commissioner Candidates' Forum
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OCTOBER 10, 2006
BIDS
FIRE DEPARTMENT
THERMAL IMAGING CAMERAS
1. Bluegrass Fire Equipment
2. Samson Industrial *
3. Towers Fire Apparatus
SMOKE DETECTORS
1. Lowes of Paducah
2. Cole Electric Supply Inc.*
3. Emergency Equipment Specialists
4. Home Depot
5. Guy Gray Supply Company
PUBLIC WORKS DEPARTMENT
REPLACE ROOF — COLUMBIA & ARCADE THEATRES
1. Atlas Roofing Contractors Inc.
= bid accepted
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Smith offered motion, seconded by Commissioner Sirk, 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, Sirk, Smith and Mayor
Paxton (4).
PGTV/PULSE ON AMERICA ECONOMIC DEVELOPMENT OPPORTUNITY
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT IN THE AMOUNT
OF $5,000 TO THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL
FOR MARKETING PADUCAH AS A VISIONARY CITY FOR ECONOMIC AND
COMMUNITY DEVELOPMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). M.O.#1234; BK 6; PG
TRANSFER FUNDS FOR PARK RANGERS
Commissioner Sirk offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO TRANSFER $13,200 FROM
COMMISSION CONTINGENCY TO THE PARKS SERVICES ADMINISTRATION
ACCOUNT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). M.O.#1235; BK 6; PG
AMEND PAYROLL TABLE 3 FOR THE FINANCE DEPARTMENT
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a
Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 3, GRADE,
CLASSIFICATION, AND SALARY RANGE FOR CITY OF PADUCAH
EMPLOYEES/FINANCE DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). M.O.#1236; BK 6; PG
AMEND PAYROLL TABLE I & 2 FOR PUBLIC WORKS DEPARTMENT &
INCLUDE ADDITION OF 2 PARK RANGERS FOR PARKS DEPARTMENT
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OCTOBER 10, 2006
Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 1, CLASSIFICATION/
PAY SCHEDULE, CIVIL SERVICE, AND TABLE 2 CLASSIFICATION/PAY
SCHEDULE, NON -CIVIL SERVICE, FIRE, AND POLICE FOR THE PUBLIC
WORKS DEPARTMENT/SOLID WASTE DIVISION AND PARKS SERVICES
DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). M.O.#1237; BK 6; PG
ORDINANCE — EMERGENCY
APPROVE ROOF REPLACEMENT CONTRACT FOR COLUMBIA/ARCADE
THEATRES
Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID OF ATLAS ROOFING FOR REPLACEMENT OF THE ROOF
FOR THE COLUMBIA & ARCADE THEATERS, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized
as follows: The City of Paducah hereby accepts the bid of Atlas Roofing, in an amount
not to exceed $228,000 for replacement of the roof for the Columbia & Arcade Theaters,
and authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7182; BK 31; PG
ORDINANCES — ADOPTION
ABOLISH & RECREATE CABLE ORDINANCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ABOLISHING AND
RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is
summarized as follows: The purpose of the Ordinance is to provide for and specify the
means to attain the best possible cable television services for the public by imposing
requirements for the provision of cable television service with respect to technical
standards, customer service obligations, local community programming and. related
matters.
The Ordinance includes the following requirements: 1) Franchisee must operate and
maintain a system providing a minimum of 80 channels; 2) requires Franchisee to comply
with applicable state law regarding the payment of fees, costs and other consideration for
the right to provide cable service in the City; 3) requires Franchisee to provide a
performance bond during system construction in the amount of $250,000 and upon
completion of system construction the amount shall drop to $25,000; 4) requires
Franchisee to provide a subscriber drop and free monthly cable service to specified public
and educational institutions; 5) requires aggressive regulation of the City's public rights-
of-way; and 6) requires strong customer service obligations.
AMEND ABOVE CABLE ORDINANCE
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the ordinance
introduced on September 26, 2006, entitled, "AN ORDINANCE ABOLISHING AND
RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, " be amended to include
the following:
"Section 22-72(b), Franchise Fees.
(b) Nothing herein shall in any way diminish a Franchisee's right to pass-through
such Franchise Fee to its Subscribers to the extent permissible under
applicable law.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4).
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OCTOBER 10, 2006
ADOPT CABLE ORDINANCE AS AMENDED
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled,"AN ORDINANCE ABOLISHING AND
RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, " as amended. This
ordinance is summarized as follows: The purpose of the Ordinance is to provide for and
specify the means to attain the best possible cable television services for the public by
imposing requirements for the provision of cable television service with respect to
technical standards, customer service obligations, local community programming and
related matters.
The Ordinance includes the following requirements: 1) Comcast must operate and
maintain a system providing a minimum of 80 channels; 2) requires Comcast to comply
with applicable state law regarding the payment of fees, costs and other consideration for
the right to provide cable service in the City; 3) requires Comcast to provide a
performance bond during system construction in the amount of $250,000 and upon
completion of system construction the amount shall drop to $25,000; 4) requires Comcast
to provide a subscriber drop and free monthly cable service to specified public and
educational institutions; 5) requires aggressive regulation of the City's public rights-of-
way; and 6) requires strong customer service obligations.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7183; BK 31; PG
APPROVE FRANCHISE AGREEMENT WITH COMCAST
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE GRANTING A
NON-EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE
AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE
CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND
PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE
COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH,
KENTUCKY, AND COMCAST OF THE SOUTH." This ordinance is summarized as
follows: The City of Paducah hereby grants a non-exclusive franchise to Comcast of the
South to continue operate and maintain a cable television system within the City and the
Franchise includes the following requirements: 1) Comcast must operate and maintain a
system providing a minimum of 80 channels; 2) a ten (10) year franchise term; 3)
requires Comcast to provide three (3) channels available for local public, educational and
governmental programming; 4) requires Comcast to provide a subscriber drop and free
monthly cable service to specified public and educational institutions; 5) requires
Comcast to collect $.25 per subscriber, per month to support fee to fund PEG access
capital expenditures; and 6) requires Comcast to continue to provide and maintain the
existing institutional network connecting public facilities.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7184; BK 31; PG
INTERLOCAL AGREEMENTS WITH COUNTY FOR GRANTS
ADMINISTRATOR & NETWORK ADMINISTRATOR
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT
AGREEMENTS BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE i
COUNTY OF McCRACKEN, KENTUCKY, FOR SHARED EMPLOYEES." This
ordinance is summarized as follows: That the City of Paducah hereby authorizes the
Mayor to execute Interlocal Cooperation Management Agreements between the City of
Paducah and the County of McCracken, Kentucky, for the shared positions of grants
administrator and network administrator. The County shall compensate the City one-half
of the annual salaries and benefits for both positions.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7185; BK 31; PG
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OCTOBER 10, 2006
INTERLOCAL AGREEMENT WITH COUNTY AND THE JOINT SEWER
AGENCY FOR NETWORK TECHNICIAN
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT
AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, THE COUNTY
OF McCRACKEN, KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY
JOINT SEWER AGENCY FOR A NETWORK TECHNICIAN," with amendment
adopted on September 26, 2006. This ordinance is summarized as follows: That the
Mayor is hereby authorized to execute an Interlocal Cooperation Management Agreement
between the City of Paducah, County of McCracken, Kentucky, and the Paducah -
McCracken County Joint Sewer Agency for the position of network technician.
Compensation for the annual salary and benefits is County 35%, City 35%, and Joint
Sewer Agency 30%.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7186; BK 31; PG
CONTRACTS FOR ROOF REPLACEMENT
--POLICE DEPT. PARKING GARAGE
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID OF ATLAS ROOFING FOR REPLACEMENT OF THE ROOF FOR THE POLICE
DEPARTMENT GARAGE, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Atlas Roofing, in an amount not exceed $51,727.20 for the
replacement of the roof for the Police Department Garage, and authorizes the Mayor to
execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7187; BK 31; PG
--MARKET HOUSE
Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID OF BOULDIN ROOFING COMPANY FOR REPLACEMENT OF THE ROOF
FOR THE MARKET HOUSE, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Bouldin Roofing Company, in an amount not to exceed
$42,000.00 for the replacement of the roof for the Market House, and authorizes the
Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7188; BK 31; PG
--FIRE STATION #5
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID
OF BOULDIN ROOFING COMPANY FOR REPLACEMENT OF THE ROOF FOR
FIRE STATION #5, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Bouldin Roofing Company, in an amount not to exceed
$13,420.80 for the replacement of the roof for Fire Station #5, and authorizes the Mayor
to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7189; BK 31; PG
APPROVE CONTRACT FOR GROUNDS MAINTENANCE
Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BID FOR GROUNDS MAINTENANCE OF CITY OWNED PROPERTIES, 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
Kinsey's Lawn & Tractor, in an amount not to exceed $60,000.00, for grounds
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OCTOBER 10, 2006
maintenance of city owned properties and authorizes the Mayor to execute a contract for
same.
Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor
Paxton (4). ORD.#2006-10-7190; BK 31; PG
ORDINANCES — INTRODUCTION
SALE OF PROPERTY TO WILLIAM CLARK MUSEUM
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, 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 AND AUTHORIZING AND
APPROVING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY
LOCATED AT SOUTH 2ND STREET AND ADAMS STREET TO THE WILLIAM
CLARK MARKET HOUSE MUSEUM." This ordinance is summarized as follows: The
Board of Commissioners hereby authorizes and approves the termination and cancellation
of the Option to Purchase property located at 2nd and Kentucky, authorizes the sale of
property located at 2nd and Adams to the William Clark Market House Museum in the
amount of $97,734.00, and authorizes the Mayor to execute a deed and all documents
related to same.
2006 KENTUCKY TRANSPORTATION ENHANCEMENT GRANT
REIMBURSEMENT PROGRAM GREENWAY TRAILS PROJECT
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT FOR A 2006 KENTUCKY
TRANSPORTATION ENHANCEMENT GRANT REIMBURSEMENT PROGRAM
AWARD FROM THE KENTUCKY TRANSPORTATION CABINET." This ordinance
is summarized as follows: The Mayor is hereby authorized and directed to execute a
Grant Agreement with the Kentucky Transportation Cabinet for a Transportation
Enhancement Grant Reimbursement Program Award up to an amount of $500,000.00 for
the Greenway Trails Project. This portion of the project is for the construction of the trail
along the floodwall from Schultz Park to the Brookport Bridge. No cash match is
required.
ACCEPT 2006 RECREATIONAL TRAILS GRANT PROGRAM AWARD
Commissioner Coleman offered motion, seconded by Commissioner Sirk, 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 KENTUCKY GOVERNOR'S
OFFICE FOR LOCAL DEVELOPMENT
FOR A 2006 RECREATIONAL TRAILS GRANT PROGRAM AWARD". This
ordinance is summarized as follows: Authorizing and directing the Mayor to execute a
Grant Agreement with the Kentucky Governor's Office for Local Development for a
2006 Recreational Trails Grant Program Award in the amount of $50,000.00 to be used to
purchase and install a pre -built bridge for a section of the Greenway Trails Project. The
City's matching portion for this project will be in the amount of $75,000.00.
PURCHASE SMOKE DETECTORS FOR FIRE DEPARTMENT
Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
BIDS FOR SALE TO THE CITY OF SMOKE DETECTORS TO BE DISTRIBUTED
BY THE PADUCAH FIRE DEPARTMENT TO LOW-INCOME FAMILIES, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This
ordinance is summarized as follows: The City of Paducah accepts the bid of Cole
Electric Supply, Inc., in the total amount of $29,996.80, for smoke detectors with 10 year
lithium battery to be distributed by the Paducah Fire Department to low-income families.
PURCHASE THERMAL IMAGING CAMERAS W/TRUCK MOUNTED
CHARGERS FOR THE FIRE DEPARTMENT
Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE
OCTOBER 10, 2006
BID OF SAMSON INDUSTRIAL FOR THE PURCHASE OF THERMAL IMAGING
CAMERAS FOR THE PADUCAH FIRE DEPARTMENT, AUTHORIZING THE
TRANSFER OF FUNDS FOR SAID PROJECT, AND AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows:
That the City of Paducah hereby accepts the bid of Samson Industrial for the purchase of
thermal imaging cameras in the amount of $27,540.00 for use by the Paducah Fire
Department, authorizes the Finance Director to transfer funds for said purchase, and
authorizes the Mayor to execute a contract for same.
CITY MANAGER REPORT
Calendar Items
Recommended that the workshop be cancelled next week since some of the Commission
will be unavailable. Board concurred.
COMMISSIONER CONCERNS
Commissioner Smith
Upon motion the meeting adjourned.
ADOPTED: October 10 , 2006
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City Clerk
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