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HomeMy WebLinkAbout08/26/08AUGUST 26, 2008 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 26, 2008, 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 Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). PROCLAMATION Mayor Paxton presented a proclamation to the Paducah Kennel Club proclaiming September 2008 as "Responsible Dog Ownership Month". ' SPOTLIGHT Pam Spencer, Public Information Officer, spotlight presentation was " Transition to Digital Television". Due to a federal mandate, TV stations across the nation will broadcast digitally after February 17, 2009. The FCC contacted Mrs. Spencer in March to assist in distributing information to several public relations representatives. She has also provided a link on the City's website to obtain information for this transition. DUI POLICY Kenny Hunt, Owner of A & K Construction, spoke highly of Joel Scarbrough's character. Mr. Scarbrough, Chief Building Inspector, received a DUI citation and was suspended from employment for 90 days in conjunction with the City's DUI policy. Human Resources Director, Herschel Dungey, reported he had contacted 6 cities to see if they had a DUI off-duty policy. Question: Does this City want to amend its DUI policy? After much discussion, the Mayor instructed Mr. Dungey to gather more information about other cities' DUI policies and report back to the Commission. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the reading of the Minutes for August 12 and August 19, 2008, 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, Kaler, Smith, Watkins, and Mayor Paxton (5). APPOINTMENTS HUMAN RIGHTS COMMISSION Mayor Paxton made the following reappointments: WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Martha Argotte' and Charles Turok to the Board of Paducah Human Rights Commission. These terms will expire July 24, 2011." Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Martha Argotte' and Charles Turok to the Board of the Paducah Human Rights Commission. COMMISSIONERS OF WATER WORKS Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Bill Holsapple as a member of the Commissioners of Water Works to replace Danny Orazine who has resigned. This term will expire January 6, 2012." Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board of Commissioners approve the action of Mayor Paxton in appointing Bill Holsapple as a member of the Commissioners of Water Works. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watknis and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the following documents and bid be received and filed: DOCUMENTS 1. Certificates of Insurance: AUGUST 26, 2008 (a) Butler Concrete & Construction Inc. (b) Complete Services (c) M & W Construction LLC Payment Bond: (a) Jim Smith Contracting Company LLC Performance Bond: (a) Jim Smith Contracting Company LLC 2. Contracts/Agreements: (a) Employment Agreement with Sandy Joslyn (2008-7-7445) (b) Slavin Management Consultants for Police Chief Recruiting (2008-7- 7446) (c) McCracken County and GPEDC Promissory Note Extension Agreement & Addendum to Real Estate Mortgage (2008-6-7431) (d) Memorandum of Understanding between the City of Paducah and the International Association of Firefighters, Local 168 (e) FEBCO Inc. Plan Document (M.O. 1389) — (plan located in 3 -ring binder in vault) 3. Deed of Conveyance & Permanent Public Utility Easement with Higdon Development Inc. for property located at 3465 Olivet Church Road (2008-7-7438) 4. Notice of Called Meetings of the Board of Commissioners for the dates of August 9th, September 13th, October 11th, and November 8th, 2008. BIDS PARKS SERVICES DEPARTMENT NOBLE PARK SOFTBALL/BASEBALL INFIELD UPGRADES 1. McKeel Equipment Company Inc. * Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton. CREMATORIUM/CREMATION GARDEN PROPOSAL Commissioner Smith offered motion, seconded by Commissioner Watkins, that the City Manager negotiate a contract with Roth Funeral Chapel to build a crematorium/cremation garden in Oak Grove Cemetery and bring it to the City Commission for their consideration. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton. MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Watkins 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, Kaler, Smith, Watkins and Mayor Paxton (5). AMEND PAYROLL TABLE FOR RENAISSANCE Commissioner Coleman offered motion, seconded by Commissioner Kaler that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE CLASSIFICATION/PAY SCHEDULE TABLE AND TABLE 3 PAY RANGES FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY TO RENAME THE DOWNTOWN DEVELOPMENT DIRECTOR POSITION AND TO CREATE THE POSITION OF MARKETING MANAGER IN THE DOWNTOWN DEVELOPMENT DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). M.O.#1395; BK 7; PG AUGUST 26, 2008 ORDINANCE — ADOPTION PAWN SHOP ORDINANCE Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners of the City of Paducah adopt an ordinance entitled, "AN ORDINANCE CREATING NEW SECTIONS IN CHAPTER 86, "SECONDHAND GOODS", ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO REGULATING THE BUSINESS OF PAWNBROKERS". This ordinance is summarized as follows: New Sections in Chapter 86 of the City of Paducah Code of Ordinances are hereby created which impose regulations on pawnshops, in addition to, and as a supplement to the Kentucky Revised Statutes. These new sections will require a pawnshop, as defined therein, to post a bond with the City and make specific entries as to each loan and purchase made, including photographs of all persons who pawn or sell merchandise. The pawnbroker shall maintain a daily report as to all pawns and purchases and shall submit an electronic version of the daily reports to the Paducah Police Department on a daily basis. Further, Section 10 of this ordinance provides penalties for whoever violates any provision of this ordinance and for which no penalty is otherwise provided. The penalties provided by Section 10 are as follows: (a) Any pawnbroker who violates any of the provisions of Sections 86-36 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100). (b) Any pawnbroker who violates any of the provisions of Sections 86-33, 86-34, 86-35, 86-37, 86-38, 86-39, 86-40, or 86-41 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), and their city license shall be subject to forfeiture. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7449; BK 31; PG REVISION OF REGULATIONS FOR PRECIOUS METALS AND STONES DEALERS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners of the City of Paducah adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTIONS 86-61 AND 86-63 OF ARTICLE III ENTITLED, "PRECIOUS METALS AND STONES DEALERS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Section 86-61, "Register of Purchases" is amended to reflect that it shall be the duty of all persons in the purchase or exchange of secondhand or antique jewelry, coins, watches, diamonds, or other precious stones, cutlery, old gold, silver, platinum or any other secondhand manufactured articles composed wholly or in part of gold, silver, platinum or other precious metals to keep a daily register; to photograph or scan all items purchased or exchanged; and to keep copies of said photographs or scans for a period of one-year after the date on which the transaction occurred. Further, Section 86-63, "Photograph of Seller Required", requires that all persons involved in business as described in Section 86-61 (a), shall obtain an instant developing photograph, photocopy of current operator's license or state -issued identification card of the seller or exchanger of the items. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7450; BK 31; PG CLOSURE OF FLOURNOY STREET FROM N6TH STREET TO THE OHIO RIVER Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF FLOURNOY STREET FROM NORTH 6TH STREET TO THE OHIO RIVER". This ordinance is summarized as follows: Closing of Flournoy Street from North 6th Street to the Ohio River, and authorizing, empowering and directing the Mayor to execute a plat for said area. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7451; BK 31; PG AUGUST 26, 2008 AMENDMENT TO THE AGREEMENT WITH JJR FOR THE OHIO RIVER BOAT LAUNCH PROJECT TO INCLUDE MUSSEL SURVEY AND APE SURVEY Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING CONTRACT MODIFICATION NO.2 TO THE AGREEMENT WITH JJR, LLC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE OHIO RIVER BOAT LAUNCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows: That the City of Paducah hereby approves contract modification No. 2 to the agreement with JJR, LLC. to include the required mussel survey and APE survey for the Ohio River Boat Launch Project in the amount of $19,800.00, therefore, increasing the total contract amount to $230,075.00. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7452; BK 31; PG AMENDMENT TO THE AGREEMENT WITH JJR FOR THE TRANSIENT BOAT LANDING DOCK, RIVERFRONT DEVELOPMENT PHASE I PROJECT TO INCLUDE MUSSEL SURVEY Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT MODIFICATION WITH JJR, LLC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE TRANSIENT BOAT LANDING DOCK, RIVERFRONT DEVELOPMENT PHASE I PROJECT". This ordinance is summarized as follows: That the Mayor of the City of Paducah is hereby authorized and directed to execute a contract modification with JJR, LLC in the amount of $20,240 for completion of a mussel survey of the Ohio River bottom within the project area of the Transient Boat Landing Dock, Riverfront Development Phase I Project, increasing the total contract amount to $579,840. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7453; BK 31; PG AGREEMENT WITH THE KENTUCKY DEPARTMENT OF FISH & WILDLIFE RESOURCES FOR FUNDING ASSOCIATED WITH THE OHIO RIVER BOAT RAMP PROJECT Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REVISED MEMORANDUM OF AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY, DEPARTMENT OF FISH AND WILDLIFE RESOURCES FOR FUNDING ASSOCIATED WITH THE OHIO RIVER BOAT RAMP PROJECT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a revised Memorandum of Agreement between the City of Paducah, Kentucky and the Commonwealth of Kentucky, Department of Fish and Wildlife Resources in the amount of $175,000 for funding associated with the Ohio River Boat Ramp Project for the time period of August 1, 2008 through October 31, 2008. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7454; BK 31; PG PURCHASE LEAF BAGS Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PAPER SUPPLIES, INC. FOR SALE TO THE CITY OF LEAF BAGS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City accepts the bid of Paper Supplies, Inc. in the total amount of $84,400.00, for leaf bags used by the Public Works Department, and hereby authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-8-7455; BK 31; PG AUGUST 26, 2008 ORDINANCES — INTRODUCTION ACCEPT FUNDS FOR THE GOVERNOR'S 2009 HIGHWAY SAFETY PROGRAM GRANT AWARD FOR LOCAL RAFFIC ENFORCEMENT PROGRAM Commissioner Coleman offered motion, seconded by Commissioner Kaler, 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 GOVERNOR'S HIGHWAY SAFETY PROGRAM, A DIVISION OF THE KENTUCKY STATE POLICE, FOR A GRANT AWARD." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Grant Agreement and all documents relating thereto with the Kentucky Governor's Highway Safety Program, a division of the Kentucky State Police, in the amount of $40,000 for salaries and benefits of peace officers working overtime hours and engaged in specific traffic enforcement activities and specific traffic enforcement related supplies and equipment. APPROVE CONTRACT FOR NOBLE PARK BASEBALL/SOFTBALL INFIELD UPGRADES Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE BASEBALL/SOFTBALL INFIELD UPGRADES LOCATED IN NOBLE PARK, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah authorizes the Mayor to execute a contract with McKeel Equipment Company, Inc., for the baseball/softball infield upgrades located in Noble Park in the amount of $50,000.00. AMEND SIGN REGULATIONS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Section 126-76, Sign Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, be amended for electronic message signs to allow 8 seconds of static message followed by 2 seconds of transition or animation; amend campus sign definition to include electronic message signs; require message signs to have controls in place to prevent flashing when a malfunction or power loss occurs; require message signs to have brightness controls that adjust to the ambient light where the sign is easily readable during daytime hours, but not overbearing at night; disallow temporary signs in instances where a business has an electronic message sign; clear up language related to portable signs affixed to motor vehicles; limit the amount of temporary signs to 2 per lot instead of 2 per tenant; and amend the R-4 sign regulations to allow lighted wall signs. EMPLOYMENT AGREEMENT FOR PLANNING DIRECTOR Commissioner Watkins offered motion, seconded by Mayor Paxton, 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 STEVE ERVIN." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an Employment Agreement between the City of Paducah and Steve Ervin for employment as Director of Planning for the City of Paducah. AMEND STREET RESURFACING CONTRACT TO REFLECT TOTAL CONTRACT PRICE FOR 2008 CALENDAR YEAR Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board of Commissioners introduce an ordinance entitled, AN ORDINANCE AMENDING ORDINANCE NO. 2008-7-7444 ENTITLED, "AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, INC. FOR THE CITY'S 2008 CALENDAR YEAR STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: That the City amends Ordinance No. 2008-7-7444 adopted July 22, 2008, that authorizes the 2008 calendar year resurfacing contract with Jim Smith Contracting Company, Inc., to reflect the contract amount not to exceed $801,800.00 and that bid prices for resurfacing materials may be adjusted in accordance "I a— P....,. _—r i d.,,:>11 1 . .,,_:,•. ,, � ..,...... ..-�uu—�_=__.,_ _ .....:_,LL _J__ _-.___—,._�—li___:. ul—uF..cJ1.��:_—_ �y �_l I_�_ i I _ AUGUST 26, 2008 with the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction. CITY MANAGER REPORT • Calendar Items • Annual Labor Day Parade will begin at 9:30 a.m. on September 1. The parade route starts at 2nd and Broadway and will proceed west along Broadway to 17th Street. It is conducted by the Western Kentucky Labor Day Committee. • At next Tuesday's commission workshop the final number for expendable fund balance will be presented Note: Mayor Paxton spoke about the presentation he made to Sen. McConnell in regards to the growth in downtown Paducah and the Riverfront project. Sen. McConnell was impressed with the investment in downtown development. Upon motion the meeting adjourned. ADOPTED: September 9 , 2008 01 Jaffmawo -./ City Clerk