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HomeMy WebLinkAbout03/10/09MARCH 10, 2009 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 10, 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, and Mayor Paxton (4). Commissioner Watkins was absent (1). ADDITIONS/DELETIONS Items VIII(B), To Transfer Property to the Paducah Independent School System was deleted from the agenda and V(D), Approve Application for 2009 KLC Safety Grant was added to the agenda. SPOTLIGHT Pam Spencer, Public Information Officer, spotlighted Sgt. Shawn Maxie, of the Paducah Police Department. Sgt. Maxie is the Patrol Sergeant and has been an employee of the City for 15 years. He was recognized for graduating from the Kentucky Leadership Institute's "School of Strategic Leadership" sponsored through the Department of Criminal Justice on January 10, 2009. PRESENTATION McCRACKEN COUNTY 4-H SPEECH WINNERS David Littlejohn with McCracken County 4-H Office introduced two of the winners: Lauren Tashin (9 year old division) and Mattie West (14 year old division). Lauren's speech was about spring break and Mattie West gave her speech called "Texting is a Social Nuisance". MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for February 17th and February 24th, 2009, 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, and Mayor Paxton (4). RESOLUTION AEP RIVER OPERATIONS Mayor Paxton read the following resolution, seconded by Commissioner Kaler, in full: WHEREAS, the City of Paducah, Kentucky supports economic development; and WHEREAS, AEP Rivers Operations LLC is a valued and leading local marine company; and WHEREAS, AEP River Operations LLC committed to expand its existing operation in Paducah, KY; and WHEREAS, AEP River Operations LLC is planning to build a 24,000sq. ft. office building at the corner of Marine Way and Oscar Cross St; and WHEREAS, AEP River Operations LLC expects to occupy the new office building in the 2nd or 3`d quarter of 2010; and WHEREAS, AEP River Operations LLC currently employs 13 people in Paducah; and WHEREAS, AEP River Operations LLC projects to employ 75 people in Paducah; and WHEREAS, AEP River Operations LLC successfully applied for the Kentucky Jobs Development Act (KJDA) authorized by the Kentucky Economic Development Finance Authority; and WHEREAS, in order for AEP River Operations LLC to receive the maximum amount of incentives from the state, a local match must be provided; THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky commits to waive one-half of the City's 2 percent occupational license fee as new jobs are created for a period of 10 years as the required match for the Kentucky Cabinet for MARCH 10, 2009 Economic Development Act KDJA incentive and as authorized and approved by Kentucky Economic Development Finance Authority (KEDFA) and thus allowing AEP River Operations LLC to receive the maximum state benefit. SECTION 2. As a candidate of the City's match commitment, AEP River Operations LLC will commit to provide the City's Finance Director an annual copy of the company's Kentucky Department of Revenue Schedule KJDA-T, Annual KJDA Report and all other relevant forms the company submits to the Kentucky Department of Revenue pertaining to the KJDA Incentive so that the City can confirm that the conditions of the occupational license fee waiver continues to be met. SECTION 3. That the Mayor of the City of Paducah, Kentucky, is authorized to sign the grant application, statement of assurances and any and all other documents necessary for the submission of the application and development of the project. SECTION 4.This Resolution shall be in full force and effect from and after its adoption. DATED this day of March, 2009. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). APPOINTMENTS COMMISSIONERS OF WATER WORKS Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Eddie Barker and Robert Johnston as members of the Commissioners of Water Works. These terms will expire January 6, 2013." Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Eddie Barker and Robert Johnston as members of the Commissioners of Water Works. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Kaler offered motion, seconded by Commissioner Gault, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: a) A & K Construction Inc. b) Central Paving Company of Paducah (2) C) Crowder Disaster Recovery d) D & D Construction e) Faughn Electric Inc. f) Florence & Hutcheson Inc. g) Hannan Supply Company h) Ivitts Plumbing Contractors Inc. (2) i) M P Lawson Construction, LLC j) Murtco Inc. k) Wilkins Construction Company, Inc. Labor & Material Payment Bond: Crowder Disaster Recovery Performance Bond: Crowder Disaster Recovery 2. Contracts/Agreements: a) Paducah Bomb Squad 2008 Homeland Security Grant Award (2008-11-7489) MARCH 10, 2009 b) Martin, Colson, Hale & Henderson for Analysis of Business License Tax Revenue (2009-2-7517) c) Morris Fencing Inc. for Installation of Fencing at Brooks Stadium (2009-2-7518) d) Fountain Avenue Construction Financial Assistance Program - Brazier, 530 North 16th Street (2008-7-7435) e) Fountain Avenue Construction Financial Assistance Program- Crysup, 1601 Madison Street (2008-7-7435) f) Peel & Holland Consultant Contract for 2009 (2009-1-7511) g) Neel -Schaffer, Inc. for Monitoring & Management Services for Debris Removal Resulting from the 2009 Ice Storm (2009-2-7520) h) Crowder Disaster Recovery for Clean -Up and Removal of Debris Resulting from the 2009 Ice Storm (2009-2-7519) 3. Revolving Line of Credit with Community Financial Services Bank not to exceed $500,000 for a Portion of Construction Costs for the Fountain Avenue Project (2008-10-7481) 4. Paducah Water Works Financial Highlights for January, 2009 BIDS INSPECTION DEPARTMENT ROOF REPLACEMENT OF PADUCAH-MCCRACKEN COUNTY 911 BUILDING 1. Atlas Roofing Contractors, Inc. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Abraham offered motion, seconded by Commissioner Gault, 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, and Mayor Paxton (4). LINCOLN WOODS PROPERTY ACQUISTION Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 628 CUSTIS STREET IN THE AMOUNT OF $1,500 BY THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). M.O.#1435; BK 7; PG ACCEPTANCE AND TRANSFER OF PROPERTY TO WKCTC Commissioner Kaler offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 314 NORTH 14TH STREET IN LIEU OF FORECLOSURE TO THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE IN THE DEED, FURTHER THE CITY AUTHORIZES THE TRANSFER OF 314 NORTH 14TH STREET TO PADUCAH JUNIOR COLLEGE AND AUTHORIZES THE MAYOR TO EXECUE A DEED FOR SAME," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). M.O.#1436; BK 7; PG MARCH 10, 2009 APPROVE APPLICATION FOR 2009 KLC SAFETY GRANT Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2009 MATCHING SAFETY GRANT IN THE AMOUNT OF $3,000 FROM THE KENTUCKY LEAGUE OF CITIES FOR THE PURCHASE OF REGISTRATIONS AND EQUIPMENT FOR THE RISK MANAGEMENT DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler and Mayor Paxton (4). M.O.#1437; BK 7; PG ORDINANCES - ADOPTION AUTHORIZE PAYMENT FOR SAFETY SURFACING FOR BOUNDLESS PLAYGROUND AT NOBLE PARK 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 DAVID WILLIAMS & ASSOCIATES FOR INSTALLATION OF ADDITIONAL SAFETY SURFACE FOR THE BOUNDLESS PLAYGROUND IN NOBLE PARK, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The Finance Director is hereby authorized to pay to David Williams & Associates, the sum of $4,730 for installation of additional safety surface for the boundless playground in Noble Park. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD. 2009-3-7521; BK 32; PG PURCHASE MOBILE DATA TERMINALS FOR POLICE DEPARTMENT Commissioner Kaler offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF MOBILE DATA TERMINALS FOR USE IN THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director of the City of Paducah is authorized to pay the total sum of $53,469.52 to GTSI Corp. for the purchase of 13 mobile data terminals for the Paducah Police Department and authorize the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler and Mayor Paxton (4). ORD.#2009-3-7522; BK 32; PG AMEND ZONING REGULATIONS FOR JUNKYARDS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-111, HEAVY INDUSTRIAL ZONE (M-2), OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-111 (M-2), Heavy Industrial Zone, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, amends the provisions for Principal Permitted Uses for junkyards to not allow stored materials to be visible from any roadway. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-3-7523; BK 32; PG AMEND REQUIREMENTS FOR SUBMITTAL OF ZONING OR ANNEXATION PLANS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt 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 MARCH 10, 2009 follows: That Section 176, Amendments and Development Plans of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is amended to require that when all final zoning or annexation plans are submitted the applicant shall also make a digital submission which complies with the requirements of Sec. 39(d), "Form and Contents of Final Plat" of Chapter 102, "Subdivisions". Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-3-7524; BK 32; PG AMEND SUBDIVISION REQUIREMENTS TO INCLUDE SUBMITTAL OF DIGITAL PLANS Commissioner Kaler offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 102, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah amends Chapter 102-39, "Forms and Contents of Final Plat," to require a digital copy of final subdivision plats to be submitted when paper copies are submitted after approval of the preliminary plat by the Commission and the fulfillment of the requirements of the subdivision regulations. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD. #2009-3-7525; BK 32; PG ROOF REPLACEMENT OF PADUCAH-MCCRACKEN COUNTY 911 BUILDING Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ATLAS ROOFING CONTRACTORS, INC., FOR REPLACEMENT OF THE ROOF FOR THE PADUCAH-McCRACKEN COUNTY 911 BUILDING, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Atlas Roofing Contractors, Inc., in the amount of $39,875.00 for replacement of the roof for the Paducah - McCracken County 911 Building, and authorizes the Mayor to execute a contract for same. This expense will be shared equally between the City and the County. Therefore, the total amount paid by the City will be $19,937.50. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler and Mayor Paxton (4). 2009-3-7526; BK 32; PG ORDINANCE – INTRODUCTION PURCHASE X-RAY MACHINE FOR THE PADUCAH BOMB SQUAD Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY FOR THE SOLE SOURCE PURCHASE OF AN X-RAY MACHINE SYSTEM FOR THE PADUCAH BOMB SQUAD AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Finance Director to make payment to Logos Imaging, LLC, in the amount of $36,116.00, for purchase of an x-ray system for the Paducah Bomb Squad and authorizes the Mayor to execute all documents relating to same. CITY MANAGER REPORT 4.1.Commission Advance scheduled for March 9th and 10th was cancelled due to the facilitator becoming ill. ❖ Next Tuesday, March 17th there will be a commissioner's workshop. ❖ Rick Murphy, City Engineer—Storm debris cleanup: ➢ 91 Kentucky residents have been employed to help with the cleanup ➢ 33,000 cu. yards of material have been picked up MARCH 10, 2009 ➢ 10% complete ❖ At the last commission meeting, the Commission announced their intention was to interview two more candidates for the position of police chief. One of the interviewees has declined to be interviewed because he has accepted employment elsewhere. Question: Does the Commission want to look for another candidate or just interview the one additional candidate? Majority of the Commission agreed if there is another qualified candidate that Slavin Consultants recommends they will interview two. ❖ The City Manager requested executive session for the following three purposes: personnel issue -police candidate, economic development, and union negotiations. COMMISSIONER CONCERNS Commissioner Abraham suggested that since the Kentucky Revised Statues does not differentiate between regular meetings and workshop meetings that the Board change the rule and allow "Public Comments" to be added to workshop agendas. MOTION Commissioner Abraham offered motion, seconded by Commissioner Kaler, that during all meetings when the City Commission discusses and/or votes on official business, that citizens be allowed to speak on those subjects. Adopted on call of the roll, yeas, Commissioners Abraham, Gault and Kaler (3). Nays, Mayor Paxton (1). Mayor Paxton commented that the choosing of a police chief candidate should not be a political choice. That Interim Police Chief Joslyn is doing a fine job and the Commission is not going to hurry and make a decision. The Commission wants to choose the best possible candidate. PUBLIC COMMENTS Rosa Scott, NAACP President --concern of hiring process for police chief. Dhominyc Lightfoot—He is not happy with the hiring process for selecting a police chief candidate. He has filed for a petition to hold a political rally for political action and invited the public to attend the rally. EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Abraham, 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). ❖ Collective bargaining with public employees, as permitted by KRS 61.810(1)(e). ❖ 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, and Mayor Paxton (4). Upon motion the meeting adjourned. ADOPTED: March 24, 2009 City Clerk