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HomeMy WebLinkAbout08/10/10AUGUST 10, 2010 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 10, 2010, at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Abraham, Gault, Kaler, Watkins, and Mayor Paxton (5). ADDITIONS/DELETIONS Addition: Ordinance, Item V(E), Approve Employment Agreement with Ben H. South. PROCLAMATION Mayor Paxton presented a Proclamation to Lt. Commander Craig Olesnevich, with the United States Coast Guard, marking the 220thBirthday on August 4, 2010. The Mayor stated the Coast Guard plays a major role in Paducah, protecting our riverfront and marine industry. PRESENTATIONS PADUCAH RENAISSANCE DEVELOPMENT AUTHORITY/PADUCAH RENAISSANCE ALLIANCE UPDATE Mr. Joe Framptom, Chairman of PRDA, provided a powerpoint presentation to the Mayor and Commission which listed recommendations for PRDA and PRA to be more effective in the community. He stated the report is not final, with many more details still to be discussed. Mr. Framptom and the Mayor both agreed that they see these organizations modeled after our successful GPEDC organization. Each commissioner received a 10 -page document that more fully outlined the presentation. The Mayor asked each commissioner to review the document and said he would like to bring this up for discussion sometime next month. COMBINED SEWER REMEDIATION Mr. John Hodges, Director of the Joint Sewer Agency, updated the Mayor and Commission on the consent judgment activities of JSA. In 2007, JSA entered into a Consent Judgment with the State Division of Water and received an Administrative Order from the Environmental Protection Agency to address combined sewer and sanitary sewer overflows to improve its collection systems. The Consent Judgment required an Early Action Plan, Sanitary Sewer Overflow Plan and a Long Term Control Plan. The Sanitary Sewer Overflow Plan was submitted in March of this year and the Long Term Control Plan is due next month. A requirement of the LTCP is a public meeting to be held tomorrow, August 1 lth, from 5:30 p.m. to 7:30 p.m. at the Convention Center. This plan includes an evaluation of the costs associated with upgrading the system to address the combined sewer overflows. JSA estimates the projects to satisfy the Long Term Control Plan will cost $30 million. UPDATE ON LIQUIDATION & DEMOLITION OF EXECUTIVE INN Joel Scarbrough, Director of Inspection Department, updated the Mayor and Commission on the status of the liquidation and demolition of the Executive Inn. The Notice to Proceed was issued last week. Liquidation of the Executive Inn will begin at 10:00 a.m. on Thursday, August 19th. The liquidation contractor has 60 calendar days to complete their work with a completion date of October 3rd. The demolition contractor can begin on October 4th with 150 business days to complete their work. The Executive Inn will be demolished by mid-March 2011. Mr. Scarbrough also asked the Commission for authority to proceed with a Change Order for the liquidation contractor to include the commercial kitchen items that belong to the Convention Center Corporation. These items were not included in the original bid. The commercial kitchen will be liquidated for $15,000, which reduces the contract amount from $217,000 to $202,000. This money will then be transferred to the CCC. The Mayor and Commission authorized Mr. Scarbrough to proceed with the Change Order. SPOTLIGHT Pam Spencer, Public Information Officer, presented a spotlight on "What is a Municipal Bond?" The City recently refinanced a 2001 bond issue. With the City's high bond rating and with current low interest rates, the City is able to save just a little under $1 million. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the July 20th, July 27th and August 6th, 2010, meetings be waived and that the Minutes of said meetings prepared by the City Clerk be approved as written. AUGUST 10, 2010 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 and bids be received and filed: DOCUMENTS 1. Insurance Certificate: a) Wood Brothers Excavation 2. Contracts/Agreements: a) Mercy Regional Medical System, LLC for Providing a Medical Director and Medical Supplies for the City's First Responder Program (no ordinance required -under $20,000) b) Paducah Film Society d/b/a Maiden Alley Cinema for Specific Services (no ordinance required -under $20,000) C) Uppertown Heritage Foundation for Specific Services (no ordinance required - under $20,000) d) River Heritage Museum d/b/a River Discovery Center for Specific Services (no ordinance required -under $20,000) e) Kentucky Division of Waste Management 2010-2011 Household Hazardous Waste Grant Agreement (2010-7-7708) f) Florence & Hutcheson Engineering Service Agreement and Addendum to Engineering Service Agreement for the Annexation of the P&L Railroad South Yard and Paducah Power System Lands (no ordinance required -under $20,000) g) SunGard Public Sector for Purchase of Property Tax Software for the Finance Department (2010-7-7705) h) Youngblood Excavating & Contracting LLC for the Executive Inn Liquidation and Demolition Phase I (2010-7-7706) i) Paducah -McCracken County Senior Citizens, Inc. for Specific Services (no ordinance required -under $20,000) 3. Deed: a) 2605 Cairo Road (2010-7-7704) 4. Police Bargaining Unit Executive Board Members 5. Paducah Water Financial Highlights for June 2010 6. Cancellation Notice of the Regular Meeting Scheduled for August 3, 2010 for the Board of Commissioners of the City of Paducah Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MUNICIPAL ORDERS - PERSONNEL CHANGES Commissioner Kaler offered motion, seconded by Commissioner Watkins, that upon the recommendation of the Interim City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. (SEE MUNICPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). CDBG APPLICATION FOR JACKSON HOUSE ELEVATOR SYSTEM PROJECT Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION, AND ALL DOCUMENTS RELATING TO SAME, FOR A MATCHING COMMUNITY DEVELOPMENT BLOCK GRANT IN AN AMOUNT UP TO $1,000,000, FROM THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT FOR THE JACKSON HOUSE ELEVATOR SYSTEM PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1559, BK 8 AUGUST 10, 2010 NAMING MAYOR'S DESIGNEE TO MUNICIPAL HOUSING COMMISSION Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER NAMING MAYOR'S DESIGNEE TO BOARD OF MUNICIPAL HOUSING COMMISSION," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O.#1560, BK 8 - Commissioner Kaler stepped out of the meeting at this time. ORDINANCES — ADOPTION CONTRACT WITH AT&T FOR RELOCATION OF AN EXISTING TELEPHONE CABINET AND RELATED EQIPMENT FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING A SPECIAL CONSTRUCTION AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., D/B/A AT&T SOUTHEAST FOR THE RELOCATION OF AN EXISTING TELEPHONE CABINET AND RELATED EQUIPMENT FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby approves a Special Construction Agreement with BellSouth Telecommunications, Inc., d/b/a AT&T Southeast for the relocation of an existing telephone cabinet along with related equipment for the Olivet Church Road Improvement Project in the amount of $193,025.78 and authorizes the Mayor to execute an agreement for same. Payment in full is required before the Special Construction will begin. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Watkins and Mayor Paxton (4). ORD.#2010-8-7725; BK 32 PURCHASE PORTION OF PROPERTIES FOR THE GREENWAY TRAIL: 2400 NORTH 8TH STREET Commissioner Watkins offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF 0.1408 ACRES OF REAL PROPERTY LOCATED AT 2400 N. 8th STREET, PADUCAH, MCCRACKEN COUNTY, KENTUCKY, AND THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FROM GENE W. EDWARDS AND WIFE, ANN M. EDWARDS, FOR THE DEVELOPMENT OF A PUBLIC PROJECT." This ordinance is summarized as follows: The City of Paducah hereby authorizes and approves the purchase of 0.1408 acres of real property located at 2400 N. 8th Street, Paducah, McCracken County, Kentucky, from Gene W. Edwards and wife, Ann M. Edwards, for the purchase price of Two Thousand Dollars ($2,000.00), and to acquire a temporary construction easement from Gene W. Edwards and wife, Ann M. Edwards, for the consideration of Four Thousand Dollars ($4,000.00), for purposes of the development of the Greenway Trail. It is further determined that the Mayor is hereby authorized to execute the deed and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property and Easement for the Edwards. Commissioner Kaler returned to the meeting at this time. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.42010-8-7726; BK 32 PURCHASE PORTION OF PROPERTIES FOR GREENWAY TRAIL: 2601 NORTH 10TH STREET Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVING THE DONATION OF TRACT I CONSISTING OF 0.0954 ACRES AND TRACT 11 CONSISTING OF 0.0095 ACRES OF REAL PROPERTY LOCATED AT 2601 N. 10' STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, AND THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND A PERPETUAL ACCESS AND MAINTENANCE EASEMENT FROM F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, FOR THE DEVELOPMENT OF A PUBLIC PROJECT." This ordinance is summarized as follows: The City of Paducah AUGUST 10, 2010 hereby approves and consents to the donation of Tract I consisting of 0.0954 acres and Tract II consisting of 0.0095 acres of real property located at 2601 N. 10th Street, Paducah, McCracken County, Kentucky, and the acquisition of a temporary construction easement and a perpetual access and maintenance easement from F. Michael Boatwright and wife, Iva Kaloia Boatwright, for the purchase price of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00), for purposes of the development of the Greenway Trail. It is further determined that the Mayor is hereby authorized to execute the deeds and any other documents necessary to accomplish and consummate the donation of the Property and the acquisition of the Easements from the Boatwrights. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-8-7727; BK 32 2010 DEPT. OF LOCAL GOVERNMENT ENERGY GRANT AWARD . Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AWARD THROUGH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT IN THE AMOUNT OF $50,000 FOR THE VOLUNTEER -OPERATED RECYCLING DROP OFF CENTER." This ordinance is summarized as follows: The City of Paducah hereby accepts and authorizes the Mayor to execute a grant agreement in partnership with the Jackson Purchase Resource Conservation and Development Foundation, Greater Paducah Sustainability, and Recycle Now for an Energy Efficiency and Conservation Block Grant through the Kentucky Department for Local Government, in the amount of $50,000, to purchase five recycle bins. No local match is required. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-8-7728; BK 32 MICROENTERPRISE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD—THE ALPHA PROJECT CONTRACTURAL AGREEMENT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING CITY OF PADUCAH TO EXECUTE AN AGREEMENT PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MICROENTERPRISE FUNDS." This ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky (the "City") to approve an Agreement with the Paducah Chamber of Commerce, the Murray Chamber of Commerce, the Mayfield Chamber of Commerce, the Murray State University, and the McCracken County Career Community Career Endowment which is made for purposes of delivering the services contemplated and required by the Microenterprise Community Development Block Grant received from the Kentucky Governor's Department for Local Government. The terms of the Microenterprise Development Block Grant require a contractual agreement with local parties delivering the services. This Ordinance also ratifies, approves, and affirms any and all related contractual documents pertaining to this grant which were previously executed by the Mayor on behalf of the City of Paducah. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-8-7729; BK 32 ORDINANCES – INTRODUCTION AMEND SECTION 126-76 OF THE PADUCAH ZONING ORDINANCE TO AMEND REGULATIONS FOR MALL BUILDING SIGNS Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-76(K)(6), SIGN REGULATIONS OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Section 126-76(k)(6), Sign Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to create covered mall buildings sign regulations to allow for wall signs. AUGUST 10, 2010 Mayor Paxton stepped out of the meeting at this time. APPROVE MAINTENANCE/SERVICE CONTRACTS FOR CITY 800 MHZ RADIO SYSTEM Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SERVICE AGREEMENTS WITH MOTOROLA FOR FY 2010-201 l." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute two service agreements with Motorola for yearly maintenance of the 800 MHz radio infrastructure, individual mobile, portable, and base station radio units, city -owned radios and E-911 telephone equipment. Contract number S00001016812 in the amount of $20,469.96 and contract number S00001001153 in the amount of $37,510.56. The service agreements shall expire June 30, 2011. PURCHASE OF COMPACT TRACT LOADER FOR ENGINEERING -PUBLIC WORKS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF A CASE COMPACT TRACT LOADER AND OPTIONAL ROOT GRAPPLE FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is authorized to pay $49,761.88 for the purchase of one Case 440CTL Compact Tract Loader and $3,126.82 for the purchase of an optional 78" Root Grapple, for a total sum of $52,888.70 to McKeel Equipment Company, Inc. for the City of Paducah Engineering -Public Works Department, in compliance with Kentucky State Purchasing Contract, and authorizes the Mayor to execute a contract for same. Mayor Paxton returned to the meeting. ACCEPT 2010/2011 KENTUCKY GOVERNOR'S HIGHWAY SAFETY PROGRAM 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 A REIMBURSABLE GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET, FOR A 2010/2011 KENTUCKY GOVERNOR'S HIGHWAY SAFETY PROGRAM GRANT AWARD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a reimbursable Grant Agreement and all documents relating thereto with the Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, for a 2010/2011 Kentucky Governor's Highway Safety Program Grant Award in the amount of $44,627.00 for approximately 1200 hours of traffic enforcement salaries and overtime, fuel, laser instructor and training, as well as the cost to attend state sponsored conferences and meetings. This program will reimburse 100% of approved expenses and does not require any local cash or in-kind match. APPROVE EMPLOYMENT AGREEMENT WITH BEN H. SOUTH Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND BEN H. SOUTH." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an Employment Agreement with Ben H. South for employment as City Manager for the City of Paducah. CITY MANAGER REPORT ➢ Calendar Items ➢ Pauper Burials — The Mayor had previously asked Commissioner Watkins to meet with County officials to determine the actual cost of a pauper burial. Commissioner Watkins reported that he met with County Coroner Dan Sims, and County Commissioner Jerry Beyer to discuss the actual cost of a pauper burial and determine why the County began charging the City twice the amount from the previous year. During their meeting it was determined that the County had been overcharging the City due to an accounting error. The actual cost is $1,000 of which the City will pay AUGUST 10, 2010 50% or $500. Mayor Paxton thanked Commissioner Watkins for his time and willingness to work with the County to reach a positive solution. ➢ The next City Commission meeting will be August 171H ➢ Requested Executive Session to discuss an employee matter and a specific business proposal. EXECUTIVE SESSION Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board go into closed session for discussion of matters pertaining to the following topics: ➢ Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f); and ➢ 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). RETURN TO OPEN SESSION Commissioner Abraham offered motion, seconded by Mayor Paxton, that the Board of Commissioners returns to open session. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). The Commission discussed the report provided by Mr. Joe Framptom. Upon motion the meeting adjourned. ADOPTED: August 24 , 2010 I'R��JJL' Assistant City Clerk