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HomeMy WebLinkAbout08/11/09AUGUST 11, 2009 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 11, 2009, 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). BOY SCOUT TROOP Corey Copeland and Austin Willis of Troop 422 attended the meeting. They are working on their communication badge. PRESENTATION DUKE AWARD Mayor Paxton presented a Duke Award to Merle Paschedag. Mr. Paschedag has been an outstanding citizen for helping to move recycling forward in Paducah. He is one of the founding members of the recycling organization, Greater Paducah Sustainability a/k/a GPS. SPOTLIGHT Pam Spencer, Public Information Officer, spotlight was the new slogans that have been created by the Engineering -Public Works Department employees in the Street Division, Fleet Maintenance Division, and Facility Maintenance Division. The slogans will be placed on their shirts and equipment. Examples: Mechanics—We Keep It Running; Custodial Crew—We Make Paducah Shine; Concrete Finishers—We Make It Smooth. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for August 4th, 2009 meeting 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). RESOLUTION INDUSTRIAL BUILDING REVENUE BONDS FOR GOODWILL INDUSTRIES Mayor Paxton made the following motion, seconded by Commissioner Gault, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY REQUESTING THAT THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY ISSUE INDUSTRIAL BUILDING REVENUE BONDS TO FINANCE AN INDUSTRIAL BUILDING PROJECT WITHIN THE CITY FOR GOODWILL INDUSTRIES OF KENTUCKY, INC.," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). AUTHORIZE DISSOLUTION OF CITY OF PADUCAH PUBLIC IMPROVEMENT CORPORATION Mayor Paxton made the following motion, seconded by Commissioner Gault, that a Resolution entitled, "A RESOLUTION AUTHORIZING AND DIRECTING THE DISSOLUTION OF THE CITY OF PADUCAH PUBLIC IMPROVEMENT CORPORATION," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). SUSPEND ORDER OF BUSINESS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). AUGUST 11, 2009 ORDINANCE — INTRODUCTION TRANSFER FOREST HILLS PROPERTY TO CITY SCHOOLS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY LOCATED NEAR THE INTERSECTION BETWEEN GLENWOOD DRIVE AND ELMDALE ROAD TO THE PADUCAH INDEPENDENT SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby approves the transfer of real property located near the intersection of Glenwood Drive and Elmdale Road to the Paducah Independent School System to be used for the construction of a new school, and authorizes the Mayor to execute a deed for same. APPOINTMENT BOARD OF ADJUSTMENT Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Johanna Rhodes as a member of the Board of Adjustments. This term will expire August 31, 2013. " Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Johanna Rhodes as a member of the Board of Adjustment. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents be received and filed: DOCUMENTS 1. Contracts/Agreements: a) AFSCME Contract effective July 1, 2009 through June 30, 2012 (2009-8- 7582) 2. Deed: a) QuitClaim Deeds for the Closing of a Portion of a 16' Unimproved Alley Located North of Goodman Drive and East of 632 Lone Oak Road (2009- 5-7545) Property Owners are: E & T Enterprises, LLC; Jorge Cardenas; 632 Lone Oak Road PWC, LLC; and Adriana J. Cardenas and Jorge M. Cardenas, Jr. 3. Petition from Property Owners of the 3200 Block of Jefferson Street asking for Trash Collection to be returned to the Alley instead of curbside 4. Paducah Water Financial Highlights for June 2009 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Watkins offered motion, seconded by Commissioner Kaler, 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). AUGUST 11, 2009 APPROVE PADUCAH WATER TO OBTAIN LOAN ASSISTANCE FOR COMPLETION OF PADUCAH/REIDLAND INTERCONNECT PROJECT Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND AUTHORIZING PADUCAH WATER TO OBTAIN LOAN ASSISTANCE TO UPGRADE ITS DRINKING WATER TREATMENT FACILITIES," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and - Mayor Paxton (5). M.O.#1475; BK 8; PG DRUG-FREE WORKPLACE PROGRAM Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER INSTRUCTING THE CITY MANAGER TO CREATE A DRUG-FREE WORKPLACE ADMINISTRATIVE POLICY IN COMPLIANCE WITH 803 KAR 25.280, "CERTIFICATION OF DRUG-FREE WORKPLACE", FOR ALL FULL-TIME AND PART-TIME EMPLOYEES OF THE CITY OF PADUCAH AND REPEALING MUNICIPAL ORDER NO. 995," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). M.O.#1476; BK 8; PG AMEND COMMISSION PROTOCOLS Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING A REVISED MAYOR -COMMISSION PROTOCOL OPERATING GUIDELINES," be adopted. Prior to the vote being called, Commissioner Abraham read the following statement: "I have learned over my lifetime that it is always best to ponder things over before making a decision on most any topic. This allows a person to look at an issue from many different perspectives. And sometimes what you thought was not that important—upon closer review-- it's true nature is revealed and its importance is magnified. PROTOCOL COMMENTS Cities of the 2'd Class with the Commission -Manager form of government, "The Commission" which includes the Mayor is at the top of the organizational structure. The Mayor is not classified "above" the Commissioners but is included as a member of the Commission with "a vote" and NO VETO POWER. City Manager and employees are subordinates. They do not prepare policy directive placing the elected representatives in a subordinate position to the employees. The elected officials are the citizens representatives and should respond to the citizens in a manner they deem appropriate. When the Commission is in session, no single or individual member of the Commission should decide who should speak (citizens) and the time limits. Each member of the Commission represents the citizens and should act accordingly. The Protocol procedures will place fear in the City employees and will prevent employees from being open and responsive when contracted by a Commissioner. Example: The President of the United States is seeking answers and information and places a call to the appropriate employee, should the employee respond by saying Mr. President you should go through the Chief of Staff!! AUGUST 11, 2009 Protocol 8, totally disregards the elected City Commissioners and in effect relegates them to reading motion, municipal order and ordinances and responding with "aye". There are constitution issues of free speech afforded to all citizens. Under the Protocol procedures the Commission's influence diminishes and the authority of the subordinates increases. The procedure cannot be used against elected officials but can and will be , used against employees. If they respond to an elected officials request. The elected officials should be intelligent, reasonable and responsive— The proposed protocol is unnecessary. More to come."` Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins, and Mayor Paxton (4). Nays, Commissioner Abraham. (1). M.O.#1476; BK 8; PG ORDINANCES – ADOPTION APPROVE CHANGE ORDER #1 WITH ROSCOR CORPORATION Commissioner Watkins offered motion, seconded by Commissioner Kaler that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH ROSCOR CORPORATION FOR PURCHASE OF A REMOTE CONTROL CAMERA PACKAGE FOR USE IN THE COMMISSION CHAMBERS." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute Change Order No. 1 for an increase in the amount of $3,255.00 with Roscor Corporation, for addition to the remote control camera package of six (6) wall mounts and labor and equipment to install cabling from computers in the Commission Chamber to the TV control room, thereby increasing the total cost of the project to $35,494.00. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-9-7596; BK 32; PG AUTHORIZE PURCHASE OF NEW HEAVY DUTY AERIAL LADDER TRUCK Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PIERCE MANUFACTURING COMPANY INC., FOR PURCHASE OF A NEW HEAVY- DUTY AERIAL LADDER TRUCK FOR USE BY THE PADUCAH FIRE DEPARTMENT." This ordinance is summarized as follows: The City of Paducah accepts the bid of Pierce Manufacturing Company, Inc., in the amount of $701,789.00, for sale to the City of a new heavy-duty aerial ladder truck, for use by the Fire Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7597; BK 32; PG AUTHORIZE PAYMENT FOR WALL TO WALL MURAL MAINTENANCE Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY FOR THE SOLE SOURCE PURCHASE FOR ANNUAL MAINTENANCE OF THE WALL-TO-WALL MURALS LOCATED ON THE CITY OF PADUCAH'S FLOODWALL ALONG WATER STREET." This ordinance is summarized as follows: That the Finance Director of the City of Paducah, Kentucky, is hereby authorized to pay to Herb Roe the total amount of $23,150, for annual maintenance of the Wall -to -Wall murals located on the City of Paducah's floodwall along Water Street. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7598; BK 32; PG AUGUST 11, 2009 MOU WITH CIVIL DESIGN GROUP/MINDSPRING DEVELOPMENT FOR PROPERTY LOCATED AT 133 SOUTH 2ND STREET Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH, KENTUCKY, MINDSPRING DEVELOPMENT, LLC, CIVIL DESIGN GROUP, INC., MichAL HOLDINGS, LLC, PATRICK H. JOHNSON, ALAN CLAY ROBINSON, AND M. TODD McBEE AS GUARANTORS, WITH RESPECT TO A PRIVATE PROJECT AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as follows: The City hereby approves the Memorandum of Understanding between the City, Mindspring Development, LLC, Civil Design Group, Inc., MichAL Holdings, LLC, Patrick H. Johnson, Alan Clay Robinson, and M. Todd McBee as Guarantors. Further, the City authorizes the Mayor to execute the MOU, together with such other agreements, instruments, or certifications that may be necessary to provide a $50,000 Property Rehabilitation Inducement Loan to MichAL for renovation, redevelopment, installation and/or equipping of the property located at 133 South 2nd Street. Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins, and Mayor Paxton (4). Nays, Commissioner Gault (1). ORD.#2009-8-7599; BK 32; PG 2009 RECOVERY ACT JUSTICE ACCOUNTABILITY GRANT AWARD Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE EXECUTION OF AN AGREEMENT TO OBTAIN A 2009 RECOVERY ACT JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, IN AN AMOUNT UP TO $149,527, TO BE USED BY THE PADUCAH POLICE DEPARTMENT AND MCCRACKEN COUNTY SHERIFF'S DEPARTMENT, AND FURTHER, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY FOR SAID GRANT." This ordinance is summarized as follows: That the City of Paducah hereby approves the execution of an agreement to obtain a 2009 Recovery Act Justice Accountability Grant through the U.S. Department of Justice, American Recovery and Reinvestment Act of 2009, in an amount up to $149,527 to be used by the Paducah Police Department and McCracken County Sheriff's Department. The funds will be allocated 57% ($85,221) to the City Police Department and 43% ($64,306) to the McCracken County Sheriff's Department based on 911 -call volume and further authorizes the Mayor to execute an Interlocal Agreement between the City of Paducah and McCracken County to act as the legal recipient and fiscal agent for said grant. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7600; BK 32; PG 2009 JUSTICE ASSISTANCE EDWARD BYRNE GRANT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE EXECUTION OF AN ON-LINE GRANT APPLICATION TO OBTAIN A 2009 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE ACT OF 2009, IN AN AMOUNT UP TO $43,984, TO BE USED BY THE PADUCAH POLICE DEPARTMENT AND MCCRACKEN COUNTY SHERIFF'S DEPARTMENT, AND FURTHER, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY FOR SAID GRANT." This ordinance is summarized as follows: The City of Paducah hereby approves the execution of an on-line grant application to obtain a 2009 Edward Byrne Memorial Justice Accountability Grant through the U.S. Department of Justice, Edward Byrne Memorial Justice Act of 2009, in an amount up to $43,984 to be used by the Paducah Police Department and McCracken County Sheriff's Department. The funds will be allocated 57% ($25,071) to the City Police Department and 43% ($18,913) to the McCracken County Sheriff's Department based on 911 -call volume and further - - , _ ,- . F .1 --T AUGUST 11, 2009 authorizes the Mayor to execute an Interlocal Agreement between the City of Paducah and McCracken County to act as the legal recipient and fiscal agent for the grant. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7601; BK 32; PG CLOSURE OF A PORTION OF LINDSEY STREET AND AN UNIMPROVED ALLEY FOR THE CREMATORIUM LEASE PROPERTY Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt.an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF LINDSEY STREET, A PORTION OF A 15' WIDE ALLEY, AND A PORTION OF AN 18' ALLEY BEING LOCATED BETWEEN NORTH 20TH STREET AND NORTH 21sT STREET AND NORTH OF PARK AVENUE". This ordinance is summarized as follows: Closing of a portion of Lindsey Street, a portion of a 15' wide alley, and a portion of an 18' alley being located between North 20th Street and North 21St Street and North of Park Avenue, and authorizing the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public way to be closed. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7602; BK 32; PG AMEND RULES OF PROCEDURE FOR COMMISSION MEETINGS Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby amends Sec. 2-145, 147, 148, 149, and 151, Rules of Procedure, of the Code of Ordinances of the City of Paducah for City Commission Meetings, to amend the rules of procedure for the Commission meetings of the Board of Commissioners for the City of Paducah, Kentucky. - Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7603; BK 32; PG MEMORANDUM OF UNDERSTANDING WITH CONVENTION CENTER CORPORATION FOR PAYROLL AND OTHER SERVICES Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH AND PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION FOR THE CITY TO SERVE AS THE DIRECT, STATUTORY EMPLOYER FOR A FULL-TIME EMPLOYEE TO LEASE, MANAGE, AND OPERATE THE PADUCAH-McCRACKEN COUNTY CONVENTION CENTER AND EXPO CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah approves a Memorandum of Understanding (MOLD between the City of Paducah and Paducah -McCracken County Convention Center Corporation for the City to serve as the direct, statutory employer to make payment of salary and provide benefits for a full-time employee to lease, manage and operate the Paducah -McCracken County Convention Center and Expo Center. Further, the City authorizes the Mayor to execute the MOU. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ORD.#2009-8-7604; BK 32; PG ORDINANCES — INTRODUCTION 2009 COPS HIRING RECOVERY PROGRAM (CHRP) GRANT AWARD Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2009 COPS HIRING RECOVERY PROGRAM GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute all documents necessary to obtain a 2009 COPS Hiring Recovery Program Grant through the American AUGUST 11, 2009 Recovery and Reinvestment Act of 2009 in the amount of $607,194 for the hiring of three police officers for the City of Paducah in an effort to create and preserve jobs, and to increase community policing and crime prevention efforts. This award will provide three officers for three years beginning July 2009 through June 2012, with the City retaining the officers for one additional year through June 2013. CITY MANAGER REPORT ❖ Calendar Items ❖ Commission Neighborhood Walk on Saturday, August 15th. The walk will be on Jefferson Street between 17th and 28th Street. ❖ Commission meeting for next week is cancelled. COMMISSIONER COMMENTS Commissioner Gault asked Downtown Development Director Steve Doolittle to explain the streamlining of the permit process for Paducah Art a'la Cart. Paducah Art a'la Cart is a dream in the making. The desire is to make Paducah, Kentucky, a more vibrant art community by getting artists out in the streets to work in their chosen field of art such as painting, drawing, ceramics, glass, and sculpture, as well as other fine art crafts. By working outdoors in a public area the artists contribute to the economic success of the city as well as educating the public in the process of art making. Art a'la Cart is dedicated to the development and education of an art cultural community here in Paducah. Developing an artist set up area at the gazebo in historic downtown at 2nd Street and Broadway and at the Texaco sign area in the Lowertown art district at Madison and 7th streets is the goal of the program. Educating the community in the process of making art and having the opportunity to interact with the local artists at these two sites promotes goodwill between the artists and the public. The sale of artwork generates income for the artists, and brings more people into the area, which helps with the economic growth of the city. The beautifully designed and crafted carts which the artists will be working from will help facilitate the artists in setting up and working in their medium. These carts are sponsored by area businesses and will have a consistent and professional look as well as ease of use. (Copied from the Paducah Art a'la Cart website.) Upon motion the meeting adjourned. ADOPTED: August 25 , 2009 S.)%dc City Clerk i --q-r I F -7-