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HomeMy WebLinkAbout11/24/09NOVEMBER 24, 2009 At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 24, 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). PRESENTATION RENAISSANCE AREA HOLIDAY SHOPPING GUIDES Jessica Perkins of Paducah Renaissance Alliance distributed shopping guides to the Board. The guides market the Downtown and Lowertown businesses. Event happenings for the holiday season are listed in the guides. They are available at the Renaissance Office and the Convention and Visitors' Bureau. They will be mailed out to all residents of McCracken County through the Paducah Sun newspaper. SPOTLIGHT Pam Spencer, Public Information Officer, spotlight was "West Kentucky Crimestoppers". It is a program for people to report a tip to the police and remain anonymous. If the tip leads to an arrest the person receives a reward. This organization began in Paducah 1985. Since 1985, approximately $200,000 has been paid out in rewards. This year 233 tips have been received and $6,350 has been paid out. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the November 3rd, November 10th and November 17th, 2009, meetings 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). APPOINTMENTS PADUCAH WATER WORKS BOARD OF COMMISSIONERS Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Deborah Edmonds as a member of the Commissioners of Water Works to replace W. James Brockenborough who has resigned. This term will expire January 6, 2011." Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the action of Mayor Paxton in appointing Deborah Edmonds as a member of the Commissioners of Water Works. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). PADUCAH-McCRACKEN COUNTY SENIOR CITIZENS CENTER Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Sadona Withrow as a member of the Paducah - McCracken County Senior Citizens Board to replace Patrick Withrow who has resigned. This term will expire June 30, 2011." Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners approve the action of Mayor Paxton in appointing Sadona Withrow as a member of the Paducah -McCracken County Senior Citizens Board. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Joe Framptom as a member of the Paducah Riverfront Development Authority which term will expire October 28, 2010." Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Joe Framptom as a member of the Paducah Riverfront Development Authority." NOVEMBER 24, 2009 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). RESOLUTIONS 2010 GREAT AMERICAN MAIN STREET AWARD Mayor Paxton read the following resolution in full, seconded by Commissioner Gault, Resolution read in full: BE IT RESOLVED that the economic health and cultural vibrancy of downtown Paducah is crucial to the overall well-being of the City of Paducah; and BE IT RESOLVED that the City of Paducah wholeheartedly supports and, through its revolving loan program, small business assistance program, financial contributions to the revitalization effort, and commitment to maintaining all local government offices in the downtown area, materially participates in efforts to revitalize downtown Paducah;and BE IT RESOLVED that the City of Paducah believes that the Main Street revitalization efforts in Paducah represent a strong economy and a vibrant arts and cultural district and support the diverse interests of its citizens including preserving our city's historic treasures; and NOW, THEREFORE, BE IT RESOLVED that the City of Paducah fully supports this entry into the Great American Main Street Awards competition. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). LEGISLATIVE PRIORITIES FOR 2010 Mayor Paxton read the following motion in full, seconded by Commissioner Gault, Resolution read in full: WHEREAS, Paducah and McCracken County have a long history of speaking with one voice as we work with our State and Federal legislators; and WHEREAS, the Paducah Chamber of Commerce has held a public forum, inviting community organizations to suggest projects and legislative priorities for the community; and WHEREAS, the Paducah City Commission has reviewed the 2010 Legislative Priorities recommended to them by the Chamber of Commerce. NOW, THEREFORE, be it resolved that the Paducah City Commission endorses the attached list of 2010 legislative priorities. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: a) Boulder Construction LLC 2. Contracts/Agreements: a) TASER International for Purchase of Tasers for the Paducah Police Department (2009-10-7622) b) Kentucky Transportation Cabinet to Extend Contract Termination Date for the Greenway Trails System Project (2009-10-7611) C) Kentucky Office of Homeland Security for the Paducah Bomb Squad Capacity Enhancement Project (2009-10-7624) 3. City of Paducah's Appointive Employees' Pension Fund Statement of Governmental Accounting Standard Numbers 25 and 27 Actuarial Report dated June 30, 2009 4. City of Paducah's Police and Firefighters Pension Fund Statement of Governmental Accounting Standard Numbers 25 and 27 Actuarial Report dated June 30, 2009 5. City of Paducah's Police and Firefighters Pension Fund Valuation as of July 1, 2009 dated October 20, 2009 6. City of Paducah's Police and Firefighters Pension Fund Review of Actuarial Valuation as of July 1, 2009 on October 19, 2009 NOVEMBER 24, 2009 PROPOSALS FINANCE DEPARTMENT BANKING SERVICES 1. Independence Bank 2. Banterra 3. BB&T 4. US Bank 5. Regions Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Gault offered motion, seconded by Commissioner Abraham, 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). AUTHORIZE FINANCE DIRECTOR TO ESTABLISH BANK ACCOUNTS WITH INDEPENDENCE BANK Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER TO AUTHORIZE THE FINANCE DIRECTOR TO ESTABLISH BANK ACCOUNTS WITH INDEPENDENCE BANK UNDER THE TERMS DESCRIBED IN THE PROPOSAL RECEIVED ON NOVEMBER 16,2009," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1491; BK 8; PG GRANT APPLICATION FOR 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDED THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE HIRING OF THREE FIREFIGHTERS," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1492; BK 8; PG ACQUISITION OF RIGHT OF WAY AND/OR PUBLIC UTILITY EASEMENTS FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT 1) PARCEL #30 — CHARLES D. HILLMAN — 3200 OLIVET CHURCH RD Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF A PERMANENT PUBLIC UTILITY EASEMENT LOCATED AT 3200 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $2,900.00," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1493; BK 8; PG 2) PARCEL #32 — ROBERT AND MARILYN PIRTLE — 3220 OLIVET CHURCH RD Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR NOVEMBER 24, 2009 TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF A PERMANENT PUBLIC UTILITY EASEMENT LOCATED AT 3220 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $3,250.00," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1494; BK 8; PG 3) PARCEL #35 — WILLIAM & MADDALENA DAVIS — 3301 OLIVET CHURCH ROAD Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE OF THE DONATION OF A PORTION OF PERMANENT RIGHT OF WAY LOCATED AT 3301 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1495; BK 8; PG 4) PARCEL #46 — STEVE AND JULIE DUPERRIEU — 3416 OLIVET CHURCH ROAD Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF PERMANENT RIGHT OF WAY AND A PERMANENT PUBLIC UTILITY EASEMENT LOCATED AT 3416 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $3,115.00," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1496; BK 8; PG 5) PARCEL #49 — TONY SMITH AND ROBERT MARTIN — 5210 EVA DRIVE Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF PERMANENT RIGHT OF WAY AND A PERMANENT PUBLIC UTILITY EASEMENT LOCATED AT 5210 EVA DRIVE FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, FOR AND IN CONSIDERATION OF $10,000.00," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1497; BK 8; PG ORDINANCES — ADOPTION PADUCAH WATER CAPITAL REPLACEMENT AND EXPANSION FEE Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled "AN ORDINANCE AMENDING ORDINANCE NO. 2003-3-6631 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: The Commissioners of Waterworks has evaluated the physical condition and capability of the Paducah Water Works facilities, and based on that evaluation, has approved a long-range plan that envisions the construction of numerous replacement and expansion projects over the next 25 years at an estimated total cost of $57 Million. To initiate the implementation of this long-range plan, the Commissioners of Waterworks have adopted an initial capital improvement plan that calls for the construction of 32 projects over the next 10 years at an annual cost of approximately $2,890,000.00. To help fund the costs of this capital improvement plan, the Commissioners of Waterworks has recommended that this Board of Commissioners approve and adopt a graduated "Capital Replacement and Expansion Fee" that will be charged to all residential and commercial customers. This graduated fee is based on a proportionate use standard that will be measured by meter size of each customer. This ordinance adopts and implements NOVEMBER 24, 2009 the graduated "Capital Replacement and Expansion Fee" fee as recommended by the Commissioners of Waterworks. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2009-11-7629; BK 32; PG REIDLAND WATER RATE EQUALIZATION Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2003-3-6631 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: This Ordinance amends the water rate and minimum monthly payment schedules for Reidland residential and commercial customers to the standard schedules that apply to all other residential and commercial customers of the Paducah Water Works. On June 30, 1999, the City entered into a written agreement with the Reidland Water -Sewer District whereby the City acquired the District's water treatment and distribution system. Pursuant to the terms of that agreement, the City agreed to assume the operation of the District's facility and system, and to provide water services to the District's customers under its then existing rate schedule for a period of 10 years, subject to adjustments for cost of living increases. The 10 -year period under that agreement has now expired. Pursuant to Section 8.3 of the agreement, the City has the right to adjust the Reidland water rate and minimum monthly payment schedules to the City's standard schedules for its other residential and commercial customers. The Commissioners of Waterworks has recommended that the Reidland schedules be adjusted to the standard schedules in two annual increments. This ordinance approves and adopts the recommendation of the Commissioners of Waterworks. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2009-11-7630; BK 32; PG AUTHORIZE AGREEMENT WITH THE KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES TO MANAGE THE FISHERY OF BOB NOBLE PARK Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES, COMMONWEALTH OF KENTUCKY TO MANAGE THE FISHERY OF BOB NOBLE PARK LAKE." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement between the City of Paducah, Kentucky and the Kentucky Department of Fish and Wildlife Resources, Commonwealth of Kentucky to manage the fishery of Bob Noble Park Lake based on best available fish and wildlife management principles. Cost to the City will be in the amount of $2,700 and will be matched as in-kind services for maintaining the lake. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2009-11-7631; BK 32; PG PURCHASE OF A NEW FRONT LOADING REFUSE COLLECTION CHASSIS AND BODY FOR USE BY THE SOLID WASTE COLLECTION SYSTEM Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF STRINGFELLOW, INC. FOR SALE TO THE CITY OF ONE, NEW 2010 FRONT- LOADING REFUSE COLLECTION CHASSIS AND BODY FOR USE BY THE SOLID WASTE COLLECTION SYSTEM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Stringfellow, Inc. in the amount of $204,424.00, for sale to the City of one, new 2010 front -loading refuse collection chassis and body, 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.#2009-11-7632; BK 32; PG NOVEMBER 24, 2009 EXPENDABLE FUND BALANCE APPROPRIATION Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2009-6-7575, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2009, THROUGH JUNE 30, 2010, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2009, and ending June 30, 2010, be amended by a supplemental appropriation in the amount of $1,265,000 to General Fund — Commission Contingency line item (expenditure). AMENDMENT TO ABOVE ORDINANCE Commissioner Gault offered motion, seconded by Commissioner Abraham, that the ordinance introduced on November 10, 2009, entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2009-6-7575, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2009, THROUGH JUNE 30, 2010, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT'," amend Section 2 to reflect total appropriation adjustments to the following: IAFF lawsuit attorney cost $50,000 IAFF Overtime Negotiated Settlement $400,000 Police & Fire Pension Fund $460,000 Commission Contingency Restoration: $176,000 Renaissanoe-$70,000 Fire Station Ree i 000 QQCCCC ,000 Pavilion ar'—e ziteetural/e-ngniccriirg $i5,000 Fire: Company Inspection Software $32,920 Police: $146,080 Speeia4ized Training 5 Taetieal Equipment $39,330 $7,000 Digital In Car- Cameras $49-989 Operational Equipmen $20,175 Total Appropriation $1,265,000 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ADOPT ORDINANCE WITH AMENDMENT Commissioner Gault offered motion, seconded by Commissioner Abraham, I move that the ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2009-6-7575, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2009, THROUGH JUNE 30, 2010, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT'," be adopted as amended on November 24, 2009. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2009-11-7633; BK 32; PG NOVEMBER 24, 2009 HIGHWAY DEPARTMENT PUBLIC ATTRACTIONS SIGNS APPROPRIATION AND AUTHORIZIATION OF PAYMENT TO THE KENTUCKY TRANSPORATION CABINET Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE KENTUCKY TRANSPORTATION CABINET FOR THE INSTALLATION OF TOURIST INFORMATION SIGNS ON INTERSTATE 24 AND TRANSFER SAID FUNDS FROM COMMISSION CONTINGENCY." This ordinance is summarized as follows: That the City of Paducah hereby authorizes and directs the Finance Director to transfer $37,500 from the Commission Contingency account to the EDO108 account. Further, the City authorizes and directs the Finance Director to make payment in the amount of $37,500 to the Kentucky Transportation Cabinet for the installation of tourist information signs installed on Interstate 24. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD. #2009-11-7634; BK 32; PG ORDINANCES — INTRODUCTION ALLEY CLOSING — BLOCK 19 LD SANDERS ARCADIA SUBDIVISION Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED ALLEY LOCATED NORTH OF DAVIS AVENUE BETWEEN SYCAMORE AND HICKORY STREETS." This ordinance is summarized as follows: That the City of Paducah does hereby authorize the closing of an unimproved alley located North of Davis Avenue between Sycamore and Hickory Streets, and further, authorizes, empowers, and directs the Mayor to execute a quitclaim deed and all other documents from the City to the property owners in or abutting the public ways to be closed. CITY MANAGER REPORT ❖ Calendar Items ❖ Ice Rink is open ❖ Holiday Solid Waste Pickup -Thursday pickup will be the Wednesday before and the Friday pickup will be on Monday. ❖ Request an executive session for discussion of property acquisition and economic development issues. EXECUTIVE SESSION Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board go into closed session for discussion of matters pertaining to the following topics: • Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b). • A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g). Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: December 8 2009 City Clerk