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HomeMy WebLinkAbout10/10/06133 OCTOBER 10, 2006 At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 10, 2006, at 6:00 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). Commissioner Guess was absent (1). PRESENTATION VOLUNTARY SMOKE-FREE PLAQUES Craig Kittner, Chairman of the Volunteer Smoke Free Task Force, presented a plaque to Tokyo Sushi owned by Jenny Lee. He recognized the restaurants, Cynthia's and J's Cafe for voluntarily going smoke free. (Plaques will be sent to them.) ISO REPORT Fire Chief Benton reported that the City has received its ISO report and it will retain its rating of 3. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Smith, that the reading of the Minutes for September 26th and October 3rd, 2006, 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, Sirk, Smith and Mayor Paxton (4). APPOINTMENTS BOARD OF ADJUSTMENT Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint William E. Baxter as a member of the Board of Adjustment. This term will expire August 31, 2010." Commissioner Coleman offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing William E. Baxter as a member of the Board of Adjustment. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). PADUCAH-MCCRAKCEN COUNTY RIVERPORT AUTHORITY Mayor Paxton made the following reappointment: WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Dick Rushing to the Paducah - McCracken County Riverport Authority, which term will expire September 26, 2010." Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Dick Rushing to the Paducah -McCracken County Riverport Authority. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: DOCUMENTS 1. Contracts/Agreements: (a) 5H Technologies, Inc. for Preliminary Action Plan for Greenways Trail (no ordinance required — under $20,000) (b) Paxton Park Golf Board for Sharing Facilities with Paducah Parks Services (2006-9-7168) 2. Paducah Water Works Financial Statements for Years Ended June 30, 2006 and 2005 3. Paducah Junior College Financial Statements for Year Ended June 30, 2006 4. Paducah Water Financial Highlights for August, 2006 5. Notice of Paducah City Commissioner Candidates' Forum 134 OCTOBER 10, 2006 BIDS FIRE DEPARTMENT THERMAL IMAGING CAMERAS 1. Bluegrass Fire Equipment 2. Samson Industrial * 3. Towers Fire Apparatus SMOKE DETECTORS 1. Lowes of Paducah 2. Cole Electric Supply Inc.* 3. Emergency Equipment Specialists 4. Home Depot 5. Guy Gray Supply Company PUBLIC WORKS DEPARTMENT REPLACE ROOF — COLUMBIA & ARCADE THEATRES 1. Atlas Roofing Contractors Inc. = bid accepted Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Sirk, 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, Sirk, Smith and Mayor Paxton (4). PGTV/PULSE ON AMERICA ECONOMIC DEVELOPMENT OPPORTUNITY Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT IN THE AMOUNT OF $5,000 TO THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL FOR MARKETING PADUCAH AS A VISIONARY CITY FOR ECONOMIC AND COMMUNITY DEVELOPMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1234; BK 6; PG TRANSFER FUNDS FOR PARK RANGERS Commissioner Sirk offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $13,200 FROM COMMISSION CONTINGENCY TO THE PARKS SERVICES ADMINISTRATION ACCOUNT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1235; BK 6; PG AMEND PAYROLL TABLE 3 FOR THE FINANCE DEPARTMENT Commissioner Coleman offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 3, GRADE, CLASSIFICATION, AND SALARY RANGE FOR CITY OF PADUCAH EMPLOYEES/FINANCE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1236; BK 6; PG AMEND PAYROLL TABLE I & 2 FOR PUBLIC WORKS DEPARTMENT & INCLUDE ADDITION OF 2 PARK RANGERS FOR PARKS DEPARTMENT 135 OCTOBER 10, 2006 Commissioner Smith offered motion, seconded by Commissioner Sirk, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING TABLE 1, CLASSIFICATION/ PAY SCHEDULE, CIVIL SERVICE, AND TABLE 2 CLASSIFICATION/PAY SCHEDULE, NON -CIVIL SERVICE, FIRE, AND POLICE FOR THE PUBLIC WORKS DEPARTMENT/SOLID WASTE DIVISION AND PARKS SERVICES DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). M.O.#1237; BK 6; PG ORDINANCE — EMERGENCY APPROVE ROOF REPLACEMENT CONTRACT FOR COLUMBIA/ARCADE THEATRES Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ATLAS ROOFING FOR REPLACEMENT OF THE ROOF FOR THE COLUMBIA & ARCADE THEATERS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah hereby accepts the bid of Atlas Roofing, in an amount not to exceed $228,000 for replacement of the roof for the Columbia & Arcade Theaters, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7182; BK 31; PG ORDINANCES — ADOPTION ABOLISH & RECREATE CABLE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The purpose of the Ordinance is to provide for and specify the means to attain the best possible cable television services for the public by imposing requirements for the provision of cable television service with respect to technical standards, customer service obligations, local community programming and. related matters. The Ordinance includes the following requirements: 1) Franchisee must operate and maintain a system providing a minimum of 80 channels; 2) requires Franchisee to comply with applicable state law regarding the payment of fees, costs and other consideration for the right to provide cable service in the City; 3) requires Franchisee to provide a performance bond during system construction in the amount of $250,000 and upon completion of system construction the amount shall drop to $25,000; 4) requires Franchisee to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires aggressive regulation of the City's public rights- of-way; and 6) requires strong customer service obligations. AMEND ABOVE CABLE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Sirk, that the ordinance introduced on September 26, 2006, entitled, "AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, " be amended to include the following: "Section 22-72(b), Franchise Fees. (b) Nothing herein shall in any way diminish a Franchisee's right to pass-through such Franchise Fee to its Subscribers to the extent permissible under applicable law. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). 136 OCTOBER 10, 2006 ADOPT CABLE ORDINANCE AS AMENDED Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled,"AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER 22, CABLE COMMUNICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, " as amended. This ordinance is summarized as follows: The purpose of the Ordinance is to provide for and specify the means to attain the best possible cable television services for the public by imposing requirements for the provision of cable television service with respect to technical standards, customer service obligations, local community programming and related matters. The Ordinance includes the following requirements: 1) Comcast must operate and maintain a system providing a minimum of 80 channels; 2) requires Comcast to comply with applicable state law regarding the payment of fees, costs and other consideration for the right to provide cable service in the City; 3) requires Comcast to provide a performance bond during system construction in the amount of $250,000 and upon completion of system construction the amount shall drop to $25,000; 4) requires Comcast to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires aggressive regulation of the City's public rights-of- way; and 6) requires strong customer service obligations. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7183; BK 31; PG APPROVE FRANCHISE AGREEMENT WITH COMCAST Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH." This ordinance is summarized as follows: The City of Paducah hereby grants a non-exclusive franchise to Comcast of the South to continue operate and maintain a cable television system within the City and the Franchise includes the following requirements: 1) Comcast must operate and maintain a system providing a minimum of 80 channels; 2) a ten (10) year franchise term; 3) requires Comcast to provide three (3) channels available for local public, educational and governmental programming; 4) requires Comcast to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires Comcast to collect $.25 per subscriber, per month to support fee to fund PEG access capital expenditures; and 6) requires Comcast to continue to provide and maintain the existing institutional network connecting public facilities. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7184; BK 31; PG INTERLOCAL AGREEMENTS WITH COUNTY FOR GRANTS ADMINISTRATOR & NETWORK ADMINISTRATOR Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT AGREEMENTS BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE i COUNTY OF McCRACKEN, KENTUCKY, FOR SHARED EMPLOYEES." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute Interlocal Cooperation Management Agreements between the City of Paducah and the County of McCracken, Kentucky, for the shared positions of grants administrator and network administrator. The County shall compensate the City one-half of the annual salaries and benefits for both positions. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7185; BK 31; PG 137 OCTOBER 10, 2006 INTERLOCAL AGREEMENT WITH COUNTY AND THE JOINT SEWER AGENCY FOR NETWORK TECHNICIAN Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL COOPERATION MANAGEMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF McCRACKEN, KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY FOR A NETWORK TECHNICIAN," with amendment adopted on September 26, 2006. This ordinance is summarized as follows: That the Mayor is hereby authorized to execute an Interlocal Cooperation Management Agreement between the City of Paducah, County of McCracken, Kentucky, and the Paducah - McCracken County Joint Sewer Agency for the position of network technician. Compensation for the annual salary and benefits is County 35%, City 35%, and Joint Sewer Agency 30%. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7186; BK 31; PG CONTRACTS FOR ROOF REPLACEMENT --POLICE DEPT. PARKING GARAGE Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ATLAS ROOFING FOR REPLACEMENT OF THE ROOF FOR THE POLICE DEPARTMENT GARAGE, 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, in an amount not exceed $51,727.20 for the replacement of the roof for the Police Department Garage, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7187; BK 31; PG --MARKET HOUSE Commissioner Sirk offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF BOULDIN ROOFING COMPANY FOR REPLACEMENT OF THE ROOF FOR THE MARKET HOUSE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Bouldin Roofing Company, in an amount not to exceed $42,000.00 for the replacement of the roof for the Market House, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7188; BK 31; PG --FIRE STATION #5 Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF BOULDIN ROOFING COMPANY 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 Bouldin Roofing Company, in an amount not to exceed $13,420.80 for the replacement of the roof for Fire Station #5, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7189; BK 31; PG APPROVE CONTRACT FOR GROUNDS MAINTENANCE Commissioner Coleman offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR GROUNDS MAINTENANCE OF CITY OWNED PROPERTIES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Kinsey's Lawn & Tractor, in an amount not to exceed $60,000.00, for grounds 138 OCTOBER 10, 2006 maintenance of city owned properties and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Sirk, Smith and Mayor Paxton (4). ORD.#2006-10-7190; BK 31; PG ORDINANCES — INTRODUCTION SALE OF PROPERTY TO WILLIAM CLARK MUSEUM Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING THE TERMINATION OF AN OPTION TO PURCHASE HELD IN FAVOR OF THE WILLIAM CLARK MARKET HOUSE MUSEUM TO MUNICIPALLY OWNED PROPERTY LOCATED AT SOUTH 2ND STREET AND KENTUCKY AVENUE AND AUTHORIZING AND APPROVING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LOCATED AT SOUTH 2ND STREET AND ADAMS STREET TO THE WILLIAM CLARK MARKET HOUSE MUSEUM." This ordinance is summarized as follows: The Board of Commissioners hereby authorizes and approves the termination and cancellation of the Option to Purchase property located at 2nd and Kentucky, authorizes the sale of property located at 2nd and Adams to the William Clark Market House Museum in the amount of $97,734.00, and authorizes the Mayor to execute a deed and all documents related to same. 2006 KENTUCKY TRANSPORTATION ENHANCEMENT GRANT REIMBURSEMENT PROGRAM GREENWAY TRAILS PROJECT Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR A 2006 KENTUCKY TRANSPORTATION ENHANCEMENT GRANT REIMBURSEMENT PROGRAM AWARD FROM THE KENTUCKY TRANSPORTATION CABINET." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Grant Agreement with the Kentucky Transportation Cabinet for a Transportation Enhancement Grant Reimbursement Program Award up to an amount of $500,000.00 for the Greenway Trails Project. This portion of the project is for the construction of the trail along the floodwall from Schultz Park to the Brookport Bridge. No cash match is required. ACCEPT 2006 RECREATIONAL TRAILS GRANT PROGRAM AWARD Commissioner Coleman offered motion, seconded by Commissioner Sirk, 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 KENTUCKY GOVERNOR'S OFFICE FOR LOCAL DEVELOPMENT FOR A 2006 RECREATIONAL TRAILS GRANT PROGRAM AWARD". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a Grant Agreement with the Kentucky Governor's Office for Local Development for a 2006 Recreational Trails Grant Program Award in the amount of $50,000.00 to be used to purchase and install a pre -built bridge for a section of the Greenway Trails Project. The City's matching portion for this project will be in the amount of $75,000.00. PURCHASE SMOKE DETECTORS FOR FIRE DEPARTMENT Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS FOR SALE TO THE CITY OF SMOKE DETECTORS TO BE DISTRIBUTED BY THE PADUCAH FIRE DEPARTMENT TO LOW-INCOME FAMILIES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Cole Electric Supply, Inc., in the total amount of $29,996.80, for smoke detectors with 10 year lithium battery to be distributed by the Paducah Fire Department to low-income families. PURCHASE THERMAL IMAGING CAMERAS W/TRUCK MOUNTED CHARGERS FOR THE FIRE DEPARTMENT Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE OCTOBER 10, 2006 BID OF SAMSON INDUSTRIAL FOR THE PURCHASE OF THERMAL IMAGING CAMERAS FOR THE PADUCAH FIRE DEPARTMENT, AUTHORIZING THE TRANSFER OF FUNDS FOR SAID PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby accepts the bid of Samson Industrial for the purchase of thermal imaging cameras in the amount of $27,540.00 for use by the Paducah Fire Department, authorizes the Finance Director to transfer funds for said purchase, and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT Calendar Items Recommended that the workshop be cancelled next week since some of the Commission will be unavailable. Board concurred. COMMISSIONER CONCERNS Commissioner Smith Upon motion the meeting adjourned. ADOPTED: October 10 , 2006 .1vnRV,04sk-taL City Clerk 139