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HomeMy WebLinkAbout02/14/06iv FEBRUARY 14, 2006 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, February 14, 2006, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Smith and Mayor Paxton (4). Commissioner Sirk was absent (1). ADDITIONS/DELETIONS Mayor asked for additions/deletions for the agenda. City Manager informed the Commission that a Resolution regarding the CERS pension system was added along with Item VIH(I)-Justice Assistance Grant Award. PRESENTATIONS CHRISTMAS IN THE PARK Andrea Underwood from Paducah Power System reported that the Christmas in the Park program was successful again. Approximately $36,000 in cash and 33,000 canned goods were collected. Ms. Underwood thanked everyone for their help. Corporate sponsors were USEC, Lourdes Hospital, Western Baptist, Regions Bank and Paducah Bank. SECTION 8 REPORT AGENCY OF THE YEAR Tom Barnett, Planning Director, congratulated Danny Fugate, Section 8 Administrator, for the award for the City's Section 8 Agency for being selected as the Section 8 Agency of the Year by the U.S. Housing and Urban Development Louisville Office. FIREFIGHTER LAWSUIT David Denton, attorney representing the City, read a statement regarding the above lawsuit at the request of the Mayor and Commissioners, to inform the public. It is as follows: "On January 26, Firefighter Local 168 president, Barry Carter, and thirty-five other Paducah firefighters filed a lawsuit against the City of Paducah. These individuals allege that for a period of up to 15 years the City has wrongly computed their overtime wages. As result of the alleged underpayments in overtime pay, they also allege that the City has not fully met its pension obligations. In essence, this group of firefighters contends that the City of Paducah has failed to adequately calculate the proper hourly rate of pay that should be used in determining overtime compensation. A key factor in the dispute is that the City of Paducah, and many other Kentucky cities, have throughout the time period in question, always computed and paid wages to the firefighters by following a methodology that was acknowledged by the Kentucky Labor Cabinet and was accepted as correct by Local 168 and its membership. This dispute is not unique to Paducah. Lawsuits, containing similar allegations, have been filed previously in several cities in Kentucky. In many cities, it appears that firefighters have not sought litigation to address differences but have worked with City governments to develop satisfactory resolution. The Paducah plaintiffs decided to use the adversarial route and initiated litigation. The City regrets that the plaintiffs made no effort to resolve this matter in an amicable fashion. `While this litigation is in its earliest stages, we are told that, preliminary, worse case scenarios, estimates indicate that the firefighters could potentially receive a windfall of up to $6,000,000 from the taxpaying citizens of the City of Paducah. Therefore, it is our recommendation as counsel to the City that the City Commission vigorously defends the case and seek to minimize the economic impact that this lawsuit could have on the community's financial .resources. We have also recommended that the City's collective bargaining team study the impact that an adverse judgment would have on any and all economic issues that may currently be under consideration." Mayor Paxton requested Mr. Denton read the other 35 names listed in the lawsuit. After Mr. Denton read the names, Mayor Paxton announced that he had instructed Bill O'Brien, City union negotiator, to inform the IAFF that the City will withdraw negotiations until the City better understands the impact of the lawsuit. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for the Called Meeting on January 24h, 2006, 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, Guess, Smith and Mayor Paxton (4). 19 FEBRUARY 14, 2006 RESOLUTION FIGHT HUNGER IN KENTUCKY Mayor Paxton offered motion, seconded by Commissioner Coleman, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY SUPPORTING THE MILLIONS IN A MONTH CAMPAIGN TO FIGHT HUNGER IN KENTUCKY," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). CERS SUPPORT TO GENERAL ASSEMBLY Mayor Paxton read the following resolution: WHEREAS, the City of Paducah is a member of the County Employee Retirement System (CERS), a defined benefit retirement plan. CERS is administered by the State of Kentucky, and WHEREAS, the cost to the City of Paducah for CERS payments have risen 73.3% for hazardous duty employees and 108% for non -hazardous duty employees over the last four years, and WHEREAS, the cost of providing a retirement plan for our employees has risen from $1.4 million in 2003 to in excess of $3.0 million in 2007, and WHEREAS, for every dollar spent on wages and employee benefit programs in 2003, 7.6 cents was paid to CERS, the CERS cost has risen to 11.5 cents in 2006, and WHEREAS, the City of Paducah's ability to continue to provide all the municipal services expected of a 2nd class city is becoming more challenging than ever before, and WHEREAS, the City of Paducah does hereby urge the members of the Kentucky General Assembly to address the spiraling cost of funding the CERS in the current session. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: That the City of Paducah supports the Kentucky General Assembly in addressing the spiraling cost of the County Employee Retirement System (CERS) to local government. Commissioner Smith offered a second. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). APPOINTMENTS PADUCAH HUMAN RIGHTS COMMISSION Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Vicki Brantley as a member of the Paducah Human Rights Commission to replace Joshua Hale who has resigned. This term will expire July 24, 2006; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Lanny King as a member of the Paducah Human Rights Commission to replace Charlotte Scott who has resigned. This term will expire July 24, 2007." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in appointing Vicki Brantley and Lanny King as members of the Paducah Human Rights Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ELECTRIC PLANT BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Randy Warmath as a member of the Electric Plant Board. This term will expire February 6, 2010." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Randy Warmath as a member of the Electrical Plant Board. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). TREE ADVISORY BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Dr. Polly LeBuhn as a member of the Tree Advisory Board to replace Beth Young who has moved out of town. This term will expire July 26, 2007." 20 FEBRUARY 14, 2006 Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in appointing Dr. Polly LeBuhn as a member of the Tree Advisory Board. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Ray Black & Son, Inc. (b) D & D Construction of Paducah, Inc. (c) Wilkins Construction Co., Inc. 2. Right of Way Bond: (a) Brehm's Striping Co., Inc. (b) Luther Earl Snow 3. Contracts/Agreements: (a) Amendment #8A to the Revised Health Insurance Master Plan Document for Employees of the City of Paducah (M.O. 1186) (b) Gregory W. Carlton, Consulting Services for the City's Health Insurance Plan (2006-1-7070) (c) Commonwealth of Kentucky, Municipal Aid Program for FY 2005-2006 (2005- 5-6969) (d) Transcript of Proceedings for the Kentucky Taxable General Obligation Bonds Police and Firefighters Pension Plan (2005-11-7030) 4. Deeds: (a) Abbie F. Russell, 3600 Olivet Church Road (M.O. 1165) (b) Walter Ross, Jr. and wife, Nancy Louise Ross, 165 Pecan Drive (M.O. 1170) (c) Lynda Hinchey, 1209 Bell Avenue (d) Daniel Sullivan, 1247 and 1249 North 13th Street (e) Lucille Harris and Dorothy Jones, 1116 Oscar Cross Avenue 5. Paducah Main Street Audit for 2004 and through June 30, 2005 6. City of Paducah Comprehensive Annual Financial Report for year ending June 30, 2005 7. Notice of Called Meeting on January 24, 2006 for the City of Paducah Board of Commissioners 8. Notice of Cancellation of Meeting on February 7, 2006 for the City of Paducah Board of Commissioners 9. Notice of Called Meeting on February 8, 2006 for the Voluntary Smoke -Free Advisory Committee 10. Paducah Water Works Financial Highlights for November and December, 2005 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith offered motion, seconded by Commissioner Guess, 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, Guess, Smith and Mayor Paxton (4). AMEND PAYROLL TABLE TO CORRECT ERROR Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/ PAY SCHEDULE, NON -CIVIL SERVICE, POLICE AND FIRE FOR THE POLICE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). M.O. #1190; BK 6; PG ACQUISTION OF PROPERTY FOR PECAN DRIVE/BUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman; that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A 21 FEBRUARY 14, 2006 DEED OF CONVEYANCE FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 250 PECAN DRIVE IN THE AMOUNT OF $13,500 BY THE CITY OF PADUCAH FOR THE PECAN DRIVEBBUCKNER LANE ROADWAY IMPROVEMENT PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). M.O.#1191; BK 6; PG ORDINANCE – EMERGENCY APPROVE FRATERNAL ORDER OF POLICE COLLECTIVE BARGAINING CONTRACT Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND OTHER ASSOCIATED DOCUMENTS BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT." This ordinance is summarized as follows: The Mayor is hereby authorized to execute an agreement and other associated documents between the City of Paducah and the Paducah Police Department Bargaining Unit which shall be effective from July 1, 2006 to June 30, 2011. Adopted on call of the roll, yeas, Commissioners Guess, Smith and Mayor Paxton (3). Abstain, Commissioner Coleman (1). ORD.#2006-2-7074;BK 30; PG ORDINANCES – ADOPTIONS FINAL AMENDMENT—FY2005 BUDGET Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2004-6-6827, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2004, THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT."' This ordinance is summarized as follows: Amending Ordinance No. 2004-6-6827, to reflect actual revenues and expenditures for Fiscal Year July 1, 2004, through June 30, 2005. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ORD.#2006-2-7075; BK 30; PG REIMBURSEMENT AGREEMWNT WITH PWW FOR PECAN DRIVEBUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH WATER WORKS FOR THE PURCHASE OF CONSTRUCTION MATERIALS REQUIRED FOR THE PECAN DRIVEBUCKNER LANE ROADWAY PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a contract between Paducah Water Works and the City of Paducah, Kentucky, for reimbursement for actual materials installed during the Pecan Drive/Buckner Lane Roadway Project, estimated at $150,000. In the event additional materials exceeding this estimated amount are required to complete said project, payment of all materials actually installed shall be made to Paducah Water Works by the City. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ORD. #2006-2-7076; BK 30; PG AMEND SOLID WASTE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING CH. 94, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah is amending the Solid Waste Ordinance to include services for Short-term Services, Special Services, and policies regarding compost. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ORD. #2006-2-7077; BK 30; PG MUNICIPAL ORDER SOLID WASTE FEES Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING A REVISED SCHEDULE OF FEES AND CHARGES FOR SOLID WASTE PICK UP PURSUANT TO THE SOLID WASTE 22 FEBRUARY 14, 2006 ORDINANCE, CHAPTER 94, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). M.O.#1192; BK 6; PG ORDINANCES — INTRODUCTION AMEND SIGN REGULATIONS TO ALLOW SANDWICH BOARD SIGNS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-76(C), SIGN REGULATIONS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Sec. 126-76, Sign Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is amended to create regulations to allow Sandwich Board Signs in the right-of-way of property zoned as H-1, B -2-T, and B-2 zones. Carol Gault, Director of Main Street, expressed the concern of the current merchants who have sandwich board signs for a sunset clause in the ordinance. The merchant's signs at this time do not conform to the new regulations. Ms. Gault recommended a minimum time frame be through the end of December of this year. After discussion, the Board agreed to work with the current merchants for a compliance date of Deccember 30, 2006. CREATE REGULATIONS FOR AWNINGS Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE CREATING SECTION 126- 84, AWNINGS & CANOPIES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Establishing requirements for the use of awnings and canopies on private and public property within the city limits of the City of Paducah, Kentucky. APPROVE GAS & DIESEL FUEL PREPAYMENT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE REQUIRING PREPAYMENT OF GASOLINE AND DIESEL FUEL AT RETAIL BUSINESSES OPERATING WITHIN THE CITY LIMITS OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby requires all retail businesses that sell gasoline or diesel fuel within the city limits to require payment in advance of sale. This ordinance also imposes a penalty provision that reads as follows: A. Any person or retail business as described in Section 11 that is responsible for violating that Section shall be required to pay a $75 civil fine, payable to the City of Paducah Finance Department, within seven (7) days of the date of the violation. If the fine is not paid within seven (7) days, a $25 late fee also will be assessed. B. Any person or retail business described in Section H that is responsible for violating that Section for a third time or more in a one-year period shall have committed a Class B Misdemeanor and, upon conviction, shall be required to pay a fine of up to $250. The following gas station owners/managers spoke in opposition to the above recommended ordinance: Gerald Watkins, citizen Bob Hill Blake Anderson Karen Sloan REIMBURSEMENT AGREEMENT WITH PADUCAH POWER SYSTEM FOR ELECTRICAL CONSTRUCTION REQUIRED FOR THE PECAN DRIVE/BUCKNER LAND ROADWAY IMPROVEMENT PROJECT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH PADUCAH POWER SYSTEM FOR THE ELECTRICAL RECONSTRUCTION REQUIRED FOR THE PECAN DRTVE/BUCKNER LANE ROADWAY PROJECT." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a contract between Paducah Power System and the City of Paducah, Kentucky, for reimbursement for actual labor and materials necessary for electrical reconstruction to complete the Pecan Drive/Buckner Lane Roadway Project, estimated at $140,000. In the event additional labor and materials exceeding 23 FEBRUARY 14, 2006 this estimated amount are required to complete said project, payment of all materials actually installed shall be made to Paducah Power System by the City. AUTHORIZE CONDEMNATION PROCEEDINGS FOR PROPERTY REQUIRED FOR PECAN DRIVEBUCKNER LANE ROADWAY IMPROVEMENT PROJECT Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE NEED TO ACQUIRE PERMANENT RIGHT OF WAY ACROSS A PARCEL OF REAL PROPERTY BELONGING TO JOHN P. FALES TO BE USED BY THE CITY OF PADUCAH, KENTUCKY, FOR THE CONSTRUCTION, IMPROVEMENT, AND WIDENING OF THE PUBLIC ROADWAY KNOWN AS PECAN DRIVEBUCKNER LANE ROADWAY IMPROVEMENT PROJECT AND AUTHORIZING THE CONDEMNATION OF SAME." This ordinance is summarized as follows: Condemning certain real estate for the completion of the Pecan Drive/Buckner Lane Roadway Improvement Project, and authorizing and directing the Corporation Counsel to institute condemnation proceedings in McCracken Circuit Court for condemnation of same. RESCIND ANNEXATION OF PROPERTY ON OLIVET CHURCH ROAD Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RESCINDING ORDINANCE NO. 2005-12-7060, ADOPTED DECEMBER 20, 2005, ENTITLED `EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY INTENT TO ANNEX CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS'." INTENT TO ANNEX PROPERTY FOR FALCONITE/HIPP Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY INTENT TO ANNEX CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Approving intent to annex a tract of property contiguous to the present city limits, located on Olivet Church Road, containing 26.89 acres more or less. ACCEPT FUNDS FOR POSTAGE METER Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A GRANT THROUGH THE PURCHASE AREA DEVELOPMENT DISTRICT FOR REIMBURSEMENT FOR PURCHASE OF POSTAL MACHINE." This ordinance is summarized as follows: The City of Paducah hereby authorizes the Mayor to execute all documents necessary to accept a grant in the amount of $8,346.00 through the Purchase Development District for reimbursement of funds to the General Fund for the purchase of a postal machine. 2006 JUSTICE ASSISTANCE GRANT (JAG) AWARD Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY TO OBTAIN AN ONLINE JUSTICE ASSISTANCE GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT." This ordinance is summarized as follows: The City is hereby authorized and directed to obtain an online Justice Assistance Grant through the U.S. Department of Justice in the amount of $20,578 for use by the Police Department for the purchase of mobile radios and ancillary equipment. CITY MANAGER REPORT • Calendar Items • Recommend cancel February 21st and February 28th meetings. • Did not get pay change recommendations completed to discuss will have it ready in the near future. • Requested a brief executive session to discuss economic development. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board go into closed session for discussion of matters pertaining to the following topics: FEBRUARY 14, 2006 • 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 Coleman, Guess, Smith and Mayor Paxton (4). Upon motion the meeting adjourned. ADOPTED: March 14 , 2006 City Clerk 24