HomeMy WebLinkAbout11/27/07346
NOVEMBER 27, 2007
At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 13,
2007, 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 Kaler, Smith, Watkins and
Mayor Paxton (4). Commissioner Coleman was absent (1).
PRESENTATION
Fire Chief Benton introduced the new firefighters and the two new deputy fire marshals.
New firefighters are as follows: Veron Brown, Jennifer Fuchs, Rhiannon Greer, David
Johnson, and Robert Greif. Two deputy fire marshals are Joseph Cherry and Tony
English.
SPOTLIGHT
Pam Spencer, PIO, spotlighted the City Manager's Secretary, Claudia Meeks. Ms.
Meeks is celebrating her one-year anniversary.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
reading of the Minutes- for November 13th and November 20th, 2007, 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, Kaler, Smith, Watkins, and
Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
following documents be received and filed:
DOCUMENTS
1. Contracts/Agreements:
(a) Escrow Agreement with CHD Group LLC, and Banterra Bank for the Grove
Phase lI Annexation (2007-10-7348)
(b) McCracken County Community Career Endowment, Inc. for Specific Services
(Under $20,000 -no ordinance required)
(c) Business Associate Agreements with CareContinuum, Peel & Holland, and
Employee Benefit Consultants
2. Purchase Area Development District, Inc. Financial Statements for the Year
Ended June 30, 2007
3. Notice of Cancellation for the Tree Advisory Board Meeting of November 21,
2007
BIDS
PUBLIC WORKS DEPARTMENT
FIRE STATION #5 ROOF PROJECT
1. Minter Roofing
2. Atlas Roofing
3. Bouldin Roofing
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Smith offered motion, seconded by Commissioner Watkins, 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).
i
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NOVEMBER 27, 2007
AMEND PAYROLL CLASSIFICATION TABLE FOR PLANNING DEPT.
Commissioner Watkins motion, seconded by Commissioner Smith, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE CLASSIHCATION/PAY
SCHEDULE TABLE TO CREATE A TEMPORARY POSITION WITHIN THE
PLANNING DEPARTMENT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). M.O.#1352; BK 7; PG
ACCEPT DONATION OF A PORTION OF PROPERTY LOCATED AT 3201
AND 3235 OLIVET CHURCH ROAD FOR THE OLIVET CHURCH ROAD
IMPROVEMENT PROJECT
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that a
Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION
OF A PORTION OF REAL PROPERTIES LOCATED AT 3201 AND 3235 OLIVET
CHURCH ROAD FOR THE CITY OF PADUCAH AS RIGHT OF WAY FOR THE
OLIVET CHURCH ROAD IMPROVEMENT PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR SAME," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). M.O11353; BK 7; PG
ORDINANCES — ADOPTION
HUMANA PLAN MANAGEMENT AGREEMENT FOR THE CITY'S HEALTH
INSURANCE PLAN
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 AN AGREEMENT
BETWEEN THE CITY OF PADUCAH AND HUMANA INSURANCE COMPANY
AND HUMANADENTAL INSURANCE COMPANY." This ordinance is summarized
as follows: That the Mayor is hereby authorized and directed to execute an agreement
between the City of Paducah and Humana Insurance Company and HumanaDental
Insurance Company for services as the City's Preferred Provider Organization for health
insurance for 2008.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7359; BK 31; PG
BARKLEY WOODS DEVELOPMENT AGREEMENT
Commissioner Smith 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 BY AND AMONG THE CITY OF PADUCAH, KENTUCKY,
AND FALCONITE DEVELOPMENT, INC., WITH RESPECT TO THE
RESIDENTIAL DEVELOPMENT OF VACANT PROPERTY WITHIN THE
CORPORATE BOUNDARIES OF THE CITY OF PADUCAH; AND AUTHORIZING
THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH
MEMORANDUM OF UNDERSTANDING." This ordinance is summarized as follows:
The City of Paducah approves a Memorandum of Understanding between the City and
Falconite Development, Inc. to encourage infill residential development and insure
residential development will have a positive impact on the entire community.
Adopted on call of the roll, yeas, Commissioners Coleman, Watkins, and Mayor Paxton
(3). Nays, Commissioners Kaler and Smith (2). ORD.#2007-11-7360; BK 31; PG
REVISED LEASE W/SEAMAN'S CHURCH FOR USE OF FIRE TRAINING
YARD
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO ENTER INTO A LICENSE AGREEMENT WITH SEAMAN'S CHURCH
INSTITUTE OF NEW YORK AND NEW JERSEY, INC. FOR THE FOUR RIVERS
MARITEAE FIREFIGHTING SCHOOL." This ordinance is summarized as follows:
That the Mayor is hereby authorized to enter into a License Agreement with Seaman's
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NOVEMBER 27, 2007
Church Institute of New York and New Jersey, Inc., for use of the City's fire training
grounds for the Seaman's Church Institute's Mariners Fire Training Program.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.92007-11-7361; BK 31; PG
LOAN AGREEMENT BETWEEN PADUCAH MAIN STREET AND THE CITY
FOR THE FACADE LOAN PROGRAM
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORING
THE MAYOR TO EXECUTE A LOAN AGREEMENT BETWEEN PADUCAH MAIN
STREET AND THE CITY OF PADUCAH, KENTUCKY." This ordinance is
summarized as follows: The Mayor is hereby authorized to execute an Agreement with
Paducah Main Street for a loan in the amount of $51,000 for the funding of the Main
Street's facade loan program.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7362; BK 31; PG
BUSINESS & OCCUPATIONAL LICENSE TAX AMENDMENTS
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners of the City of Paducah adopt an ordinance entitled "AN
ORDINANCE AMENDING AND RESTATING PADUCAH'S "GROSS
RECEIPTS LICENSE TAX" ORDINANCES AND PADUCAH'S "LICENSE FEE
FOR EMPLOYEES" ORDINANCES UNDER ARTICLES III AND IV OF
CHAPTER 106 OF THE PADUCAH CODE OF ORDINANCES. This ordinance is
summarized as follows:
This ordinance is a comprehensive series of amendments to the ordinance sections
contained in Paducah's "Gross Receipts License Tax" ordinances and in Paducah's
"License Fee for Employees" ordinances under Articles III and IV of Chapter 106 of the
Paducah Code of Ordinances.
This series of amendments is enacted to comply with KRS 67.750 to KRS 67.790,
which statutes were enacted by the Kentucky legislature to promote uniformity and
consistency in the application and enforcement of business license taxes and employee
license fees imposed by taxing districts located in the Commonwealth of Kentucky.
These statutes require all taxing districts to adopt within their gross receipts license tax
and employee license fee ordinances certain definitions, criteria, standards, and
enforcement rights and remedies which promote such uniformity and consistency.
In addition thereto, this series of amendments is also enacted to modernize the
ordinance sections under Articles III and IV by deleting obsolete provisions, by
amending ordinance sections to resolve inconsistencies and to create uniformity among
the sections, and by renumbering some of the ordinance sections under these Articles so
as to present the ordinance sections in a more meaningful and understandable manner.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7363; BK 31; PG
AMEND LIMESTONE CONTRACT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, AN ORDINANCE AMENDING
ORDINANCE NO. 2007-2-7246 ENTITLED, "AN ORDINANCE ACCEPTING THE
BID OF FLORIDA ROCK INDUSTRIES, INC., FOR SALE TO THE CITY OF ITS
REQUIREMENT OF LIMESTONE" AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT. This ordinance is summarized as follows: Amend
Ordinance No. 2007-2-7246 with Florida Rock Industries, Inc. for sale to the City of its
requirement of limestone for the remainder of the 2007 calendar year and for the 2008
calendar year to include 1/4" x 0 (Quarter Minus) limestone at the per -ton to be delivered
unit price of $9.70 and to be picked up unit price of $5.20 and authorize the Mayor to
execute the amendment to the contract.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7364; BK 31; PG
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NOVEMBER 27, 2007
SOUTHLAND RENEWABLE FUELS TAX -SHARING INTERLOCAL
AGREEMENT
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF PADUCAH, KENTUCKY APPROVING AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
PADUCAH, KENTUCKY AND THE COUNTY OF MCCRACKEN, KENTUCKY
WITH RESPECT TO THE FINANCING OF PUBLIC PROJECTS, AND
AUTHORIZING THE EXECUTION OF SUCH INTERLOCAL COOPERATION
AGREEMENT." This ordinance is summarized as follows: This Ordinance authorizes
the City of Paducah, Kentucky (the "City") to execute an Interlocal Cooperation Agreement
(the "Interlocal Agreement") with the County of McCracken, Kentucky (the "County"),
whereby the City and County will each pay half of the $10,000 cash incentives and the
County will share with the City fifty percent (50%) of all occupational and payroll taxes
generated by Southland Renewable Fuels' project. The Ordinance approves the form of
the Interlocal Agreement presented to the City Commission of the City and authorizes the
Mayor and City Clerk to execute the Interlocal Agreement with such changes therein as
shall not be adverse to the City and as may be approved by the Mayor and City Clerk.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7365; BK 31; PG
TRANSFER KITCHENS INC PROPERTY TO PADUCAH JUNIOR COLLEGE
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FROM THE CITY OF
PADUCAH TO PADUCAH JUNIOR COLLEGE, INC., FOR TRANSFER OF
PROPERTY FOR THE DEVELOPMENT OF AN ART SCHOOL." This ordinance is
summarized as follows: That the Mayor is hereby authorized to execute a Deed of
Conveyance from the City of Paducah to Paducah Junior College for transfer of real
properties located at 905-917 Harrison Street, 931 Harrison Street, 900 Martin Luther
King, Jr. Drive, 910 Martin Luther King, Jr. Drive and 924 Martin Luther King, Jr. Drive
in Paducah, McCracken County, Kentucky.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7366; BK 31; PG
APPROVE FY2008 CONTRACT FOR OPERATION OF GOVERNMENT
ACCESS CHANNEL AND EQUIPMENT FUNDING
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 AN AGREEMENT
FOR OPERATION OF THE GOVERNMENT ACCESS CHANNEL 11 AND OTHER
RELATED SERVICES." This ordinance is summarized as follows: That the Mayor is
hereby authorized and directed to execute a contract between the City of Paducah,
Paducah Cable Authority, West Kentucky Community & Technical College and Paducah
Junior College for operation of the Government Channel 11 and related services for the
City in the amount of $70,000. In addition, the City will pay on a quarterly basis to the
Paducah Junior College proceeds from the PEG Access Capital Fee as set out in the
Franchise Agreement adopted by Ordinance No. 2006-10-7184. This Agreement will
expire June 30, 2008.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7367; BK 31; PG
AMEND 911 INTERLOCAL AGREEMENT
Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
WITH AMENDMENTS INCORPORATED BETWEEN THE CITY OF PADUCAH,
KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR 911
EMERGENCY COMMUNICATIONS SERVICES." This ordinance is summarized as
follows: That the Mayor is authorized to execute an Interlocal Cooperation Agreement
with Amendments Incorporated between the City of Paducah, Kentucky, and the County
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NOVEMBER 27, 2007
of McCracken, Kentucky, for 911 Emergency Communications Service. Amendments
include revisions in the composition and make up of the Paducah -McCracken County E-
911 Emergency Communication Services Board, removal of the automatic rate increase
for landline phones, removal of civil service language, extension of the term of the
agreement until June 30, 2010, with a provision of year-to-year extension.
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5). ORD.#2007-11-7368; BK 31; PG
ORDINANCES — INTRODUCTION
PURCHASE PORTION OF PROPERTY LOCATED AT 5145 HINKLEVILLE
ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS
NECESSARY FOR ACQUISITION OF REAL PROPERTY LOCATED AT 5145
HINKLEVILLE ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT
PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized
to execute a Deed of Conveyance and all documents relating to same, with Charles L.
Carter and Edwina Carter, trustees, for acquisition of a portion of real property located at
5145 Hinkleville Road as right of way for the Olivet Church Road Improvement Project,
for and in consideration of $27,000.
RESCIND ORDINANCE ACCEPTING BID FOR REPLACEMENT OF ROOF
ON FIRE STATION NO.5
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
RESCINDING THE ACCEPTANCE OF THE BID OF BOULDIN ROOFING
COMPANY FOR REPLACEMENT OF THE ROOF ON FIRE STATION #5 AND
RATIFYING AND APPROVING THE CANCELLATION OF INVITATIONS FOR
BIDS AND/OR REJECTION OF ALL BIDS IN THAT SUCH ACTION IS IN THE
BEST INTEREST OF THE CITY." This ordinance is summarized as follows: That the
Board of Commissioners hereby rescinds Ordinance 2006-10-7189, passed on October
10, 2006, which authorized a contract with Bouldin Roofing for replacement of the roof
on Fire Station #5.
ACCEPT BID FOR REPLACEMENT OF ROOF ON FIRE STATION NO.5
Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID OF MINTER ROOFING 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 Minter Roofing, in the amount of $63,575.00 for the
replacement of the roof for Fire Station #5, and authorizes the Mayor to execute a
contract for same.
AMEND AGREEMENT WITH RIVERPORT FOR LOAN TO FINANCE
MARQUETTE PROPERTY PURCHASE
Commissioner Smith offered motion, seconded by Commissioner Watkins, that
the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
OF THE CITY OF PADUCAH, KENTUCKY, APPROVING THE FIRST
AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT BY AND
AMONG THE CITY OF PADUCAH, KENTUCKY, MCCRACKEN COUNTY,
KENTUCKY, AND PADUCAH-MCCRACKEN COUNTY RIVERPORT
AUTHORITY WITH RESPECT TO THE PLAN OF FINANCING PROVIDED
FOR THE PURCHASE OF 2308 SOUTH 4" STREET, PADUCAH,
MCCRACKEN COUNTY, KENTUCKY." This ordinance is summarized as
follows: That the City hereby approves the First Amendment to the Interlocal
Cooperative Agreement among the City, County and Riverport by amending the
terms of the common plan of financing provided by the City and County to
Riverport by forgiveness of a portion in the amount of $33,000 of the
indebtedness owned by Riverport to the City. Further, the Mayor is hereby
authorized to execute the First Amendment and all other documents necessary to
accomplish the transaction.
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NOVEMBER 27, 2007
PURCHASE COPIERS FOR PLANNING, PUBLIC WORKS, PARKS AND
GENERAL GOVERNMENT
Commissioner Watkins offered motion, seconded by Commissioner Smith, N that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE PURCHASE OF COPIERS FOR VARIOUS DEPARTMENTS
WITHIN THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized
as follows: The City of Paducah hereby authorizes the Finance Director to pay the total
sum of $52,249 to Howard D. Happy for the purchase of four Toshiba copiers for the
City of Paducah, in compliance with Kentucky State Purchasing Contract and authorizes
the Mayor to execute a contract for same.
CITY MANAGER REPORT
• Commissioner Kaler did a presentation called "Steel Magnolias" at the Lions'
Club Meeting today.
• Holiday Parade is December 1
• Christmas Day and New Year's Day there will not be commission meetings
• Approximately 120 employees received email from an outside health insurance
company trying to lure them to take their insurance. A concern is at this time
there is a loophole in the city's policy that allows employees to do this with the
insurance allocation provided to employees. Expect some legislative action for a
change in policy.
• City Manager requested an executive session to discuss collective bargaining.
EXECUTIVE SESSION
Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the
Board go into closed session for discussion of matters pertaining to the following topics:
Collective bargaining with public employees, as permitted by KRS 61.810(1)9e).
Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and
Mayor Paxton (5).
Upon motion the meeting adjourned.
ADOPTED: December 11 , 2007
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City Clerk