There are three City Commission meetings this month:

Aug. 10 (Monday)
Aug. 13 (Thursday)
Aug. 24 (Monday)

We've called a Special Session this Thursday (the 13th) dedicated to a broad discussion of Code Enforcement. Our Work Session agenda and the most recent draft of the Final Agenda are posted below.

All meetings are at 5:00 at 315 W. Second Street.

Citizens attendance and comments are always welcome (although you have to arrive on time in order to talk).

Don't forget the bicycle parade in celebration of our new bike lanes, on Second Street this Saturday at 10:30 AM (meet at Bridge Street).

Thanks,
Sellus

www.selluswilder.com

A G E N D A

WORK SESSION August 10, 2009

BOARD OF COMMISSIONERS 5:00 P.M. (EDT)

315 WEST SECOND STREET

FRANKFORT, KY 40601

502/875-8500

CALL TO ORDER/ROLL CALL

CITIZEN COMMENTS

DISCUSSION ITEMS

Presentation by Phil Kerrick concerning CCEIDA activities

DISCUSSION OF TENATIVE AGENDA
CITY MANAGER REPORTS/STAFF COMMENTS
OLD BUSINESS

NEW BUSINESS

ADJOURNMENT

Rev 8-7-09

BOARD OF COMMISSIONERS August 24, 2009

REGULAR MEETING 5:00 P.M. (EDT)

315 WEST SECOND STREET

FRANKFORT, KY 40601

502/875-8500

1. INVOCATION
PLEDGE OF ALLEGIANCE John Hammond
ROLL CALL

MINUTES .

2. CEREMONIAL ITEMS

3. CITIZEN COMMENTS
4. ORDINANCES

4.1 SECOND READING: An Ordinance Amending Chapter 52 Of The Frankfort Code Of Ordinances Concerning Sewers, Specifically , To Revise Chapters 52.02, 52.04, 52.05, 52.07, 52.08, 52.46, 52.48, 52.50, 52.51, 52.52, 52.53, and 52.99 to more suitably accommodate residential customers, particularly pertaining to fines and penalties.

Purpose: To amend portions of Chapter 52 of the City of Frankfort, Kentucky Code of Ordinances for the purposes of revising sections of the Sewer Use Ordinance.
Background: During this recent review of the SUO, several sections were determined to need minor modifications.

This Ordinance had its first reading on July 27, 2009.

Recommendation: Approval
Attachments:

Ordinance

Contact Person

Name: William R. Scalf, Jr., PE

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
4.2 SECOND READING: An Ordinance amending Frankfort Code of Ordinances Chapter 37.32, Pay Plan, to establish Pay Plan P; and Section 37.42, Pay For Members of Fire and Police Divisions, to correct and simplify the Fire Department pay scale.

Purpose: The attached Exhibit P, in conjunction with the change to Section 37.32 modifies the city's salary scales to allow the flexibility needed to accommodate salary increases in increments other than 3%. The new structure, Exhibit P/Pay Plan, sets minimum, midpoint, and maximum salaries for each pay grade. The minimum salary for each pay grade is approximately the same as Step A in the previous structure (Pay Plan O). The maximum salary for each grade is approximately the same as Step N in the previous pay structure.

The modification to Section 37.42 adds the Emergency Medical Services Director to the chart in paragraph (C), where it should have been previously. In addition, to simplify the hourly rates in the pay structure, a new and separate set of pay grades (grades 20-35) were created to more accurately reflect earnings for Fire Department employees assigned to platoon (24 on/48 off) work schedules. Each applicable Fire Department job classification is being assigned to a new pay grade in the new series. Having separate pay grades for positions assigned to platoon work schedules will simplify the pay structure and make it more accurate for Fire Department employees and easier to understand.
Background: This Ordinance will change the structure of the City's pay grades, moving from a defined step system to more of an open range concept. The change to Section 37.32 accommodates the recent ordinance that reduced employee longevity increases from 3% to 1%. In addition, it would provide the flexibility to provide other salary adjustments in the future that are in increments other than 3%. The change to 37.42 corrects and simplifies the pay scale for the Fire Department.
This Ordinance had its first reading on July 27, 2009.

Recommendation: Approval
Attachment:

Ordinance

Contact Person

Name: Rob Moore Randy Donahue

Title: City Solicitor Director

Department: Human Resources

Phone: 502/227-2271 502/875-8500

Email: rmoore@hazelcox.com rdonahue@frankfort.ky.gov

4.3 SECOND READING: An Ordinance decreasing the width of the right of way for Canty Way and abandoning property to M & W, LLC.
Purpose: To decrease the width of the righty of way for Canty Way, and abandoning the excess property to M & W, LLC.

Background: M & W, LLC has requested the City to abandon a portion of the right of way to Canty Way because it will not be used. Accordingly, the purpose of this ordinance is to abandon that part of the right of way for Canty Way that exceeds a width of 88.75 feet. The larger right of way (118.60 feet) will not be needed because the Canty property is now subject to a conservation easement and will not be developed. Ownership of the abandoned portion of the right of way to Canty Way will be conveyed to M & W, LLC.

This Ordinance had its first reading on July 27, 2009.

Recommendation: Approval
Attachments:

Ordinance
Request letter

Contact Persons

Name: Robert Moore Gary Muller

Title: City Solicitor Director,

Department: Planning and Building Codes

Phone: 502/227-2271 502/875-8500

Email: rmoore@hazelcox.com gmuller@frankfort.ky.gov

4.4 PUBLIC HEARING AND FIRST READING: An Ordinance Fixing the Rate of Taxation for the Year 2009 on all Tangible Property subject to tax, Trust and Insurance Companies, Public Service Companies and Levying said tax for all City purposes.
Purpose: The purpose of this item is to consider an ordinance setting the tax rate for 2009 Ad Valorem Taxes (allowing a 4% increase) and setting the rate for 2009 Insurance Taxable Capital Taxes.

Background: Proposed rates for 2009 are as follows (for General Fund Purposes):
1. Ad Valorem 20.8 cents

2. Insurance Taxable Capital 15.0 cents
Rates are levied for each $100 valuation.
The 2008 Ad Valorem Tax rate was set at 20.1 cents.

Financial Analysis: The rates will be 20.8 cents for 2009 and as a result the city will net an additional $124,665 due to the change. Included in the increase is $13,833 derived from new property.
Recommendation: Approval
Attachment:

Public Hearing Notice
Ordinance

Contact Person:

Name: Steve Dawson

Title: Director

Department: Finance

Phone: 502/875-8500

Email sdawson@frankfort.ky.gov

4.5 FIRST READING: An Ordinance fixing the rate of taxation for the year 2010 on all motor vehicles and levying said tax for all City purposes.
Purpose: The purpose of this item is to consider an ordinance to set the tax rate for motor vehicles for the year 2010 at 22.7 cents per $100 valuation.
Background: The tax rate must be set no later than 10-1-09 as required by the Kentucky Department of Revenue. The tax rate proposed for 2010 is the same rate as approved for 2009.

Recommended: Approval

Attachment:

Ordinance

Contact Person:

Name: Steve Dawson

Title: Director

Department: Finance

Phone 502/875-8500

Email: Sdawson@frankfort.ky.gov

4.6 FIRST READING: An Ordinance amending Frankfort Code of Ordinances Chapter 37, Section 37.11, Compensatory Leave and Section 37.16, Overtime.

Purpose: To implement recommendations of the Mercer Consulting report relating to payment of overtime and accrual of compensatory time.

Background: The Frankfort Code of Ordinances (FCO) Sections 37.11 and 37.16 currently spell out how overtime is calculated and how exempt employees accrue and utilize compensatory time. Mercer recommended the City review it's rules in this area and modify if necessary to only pay overtime when required by federal and state laws, and to allow non-exempt employees the choice of accruing compensatory time (at the time-and one-half rate) in lieu of being paid overtime (at the time-and one-half rate). Overtime (37.16) and Compensatory Time (37.11) are currently covered in two sections of the FCO. The two issues are very interrelated and similar, so language has been simplified and placed into one section (37.11).
The current section on overtime requires the city to count scheduled hours (as opposed to only counting hours actually worked) towards the 40 hours in a week that trigger compensating at the time and one-half rate. This proposed change, more aligned to the requirements of the Fair Labor Standards Act (FLSA), only counts hours actually worked.

The FCO currently only allows exempt employees to accrue compensatory time. The proposed change expands this to allow non-exempt employees the option to do so as well. The proposed change also increases the maximum accruals and payout options to better align them with FLSA and common employer practices.
Recommendation: Approval

Financial Impact: It is anticipated that the changes will reduce overtime expenditures
Attachment:

Ordinance

Contact Person

Name: Randy Donahue

Title: HR Director

Department: City Manager/Human Resources

Phone: 502/875-8500

Email: rdonahue@frankfort.ky.gov
ORDERS
6. RESOLUTIONS

7. CONSENT CALENDAR

Items on the Consent Calendar are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Calendar and considered separately. The City Manager will read the items recommended for approval.
7.1 To authorize an award to Siemens Water Technologies Corporation, F/K/A US Filter Envirex Products for the purchase of Bioxide for odor control and pipe corrosion in the pump stations and collection system (Sewer Department).

Purpose: The purpose of this item is to consider an award to Siemens Water Technologies Corporation, F/K/A US Filter Envirex Products for the purchase of Bioxide for odor control and pipe corrosion in the pump stations and collection system.
Background: In 1994, the Sewer Department began using Bioxide as a chemical means of controlling odors in pump stations and corrosion in concrete pipes in the collection system. Bioxide is a patented product and cannot be bid due to territorial restrictions by distributors. The unit price for the product is $2 per gallon. The Sewer Department uses approximately 20,000 gallons per year throughout the system for a total expenditure of approximately $40,000 annually.
Financial Analysis: Funds are available in the amount of $40,000 in Account #300.68.54335.
Recommendation: Approval
Attachments: None

Contact Person

Name: William R. Scalf, Jr., PE

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
7.2 To authorize a Sewer Extension Contract with M & W, LLC for Parkside Development located at Canty Drive in Frankfort, Kentucky (Sewer Department).

Purpose: To approve a contract with M & W, LLC for Parkside Development located at Canty Drive in Frankfort, Kentucky which is zoned commercial with 1 lot, with improvements including 6 new manholes, 1,503 feet of 8-inch SDR 35 pipe serving parcel F of Parkside Development.

Background: Prior to acceptance of discharge from a development into the municipal sanitary sewer and acceptance of the development's collection by the Department, a contract must be entered into between the developer and the City of Frankfort.

The City Solicitor is reviewing the contract. Sanitary sewer plans and specifications have been prepared and submitted to the Department for review and approval. The Division of Water will review the sanitary sewer plans and specifications after commission approval. Final acceptance is contingent upon completion of the 30-day waiting period for testing after construction is completed.
Recommendation: Approval
Attachment:

Sewer Extension Contract (under Attorney review)

Contact Person

Name: William R. Scalf, Jr., P.E.

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
7.3 To authorize a Sewer Extension Contract with Shaker Hill Properties, LLC for the Twilight Trail Industrial Park located on Twilight Trail in Frankfort, Kentucky (Sewer Department).
Purpose: To approve a contract with Shaker Hill Properties, LLC for the Twilight Trail Industrial Park located on Twilight Trail in Frankfort, Kentucky which is zoned commercial with 2 lots, with improvements including 4 new manholes, 732 feet of 8-inch SDR 35 pipe serving 2 lots along Twilight Trail Rd.
Background: Prior to acceptance of discharge from a development into the municipal sanitary sewer and acceptance of the development's collection by the Department, a contract must be entered into between the developer and the City of Frankfort.

The City Solicitor is reviewing the contract. Sanitary sewer plans and specifications have been prepared and submitted to the Department for review and approval. The Division of Water will review the sanitary sewer plans and specifications after commission approval. Final acceptance is contingent upon completion of the 30-day waiting period for testing after construction is completed.
Recommendation: Approval
Attachment:

Sewer Extension Contract (under Attorney Review)

Contact Person

Name: William R. Scalf, Jr., P.E.

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
7.4 To authorize renewal of Technical Service Support Agreement for Monitors/Defibrillators (Fire & EMS).
Purpose: To consider renewal of technical service support agreement with Physio-Control, Inc. for providing maintenance and service for eleven LifePak 10, eight LifePak 12, five LifePak 1000, and five battery support systems, for a three year term.

Background: The current three year contract for service, maintenance and repairs for monitor/defibrillators expires September 2, 2009. Contract renewal will provide for continuous service on the defibrillators, all accessories, paddles, and battery support systems. Physio-Control is the sole vendor capable of providing this service in that all the current units are the Physio-Control/Medtronic brand. The new contract is for a three year period to expire on 9/2/2012 at $31,609.00 payable in quarterly installments of $2,634.08. Physio-Control has provided this service to the City for 18 years in a very satisfactory manner.

Financial Analysis: Funds budgeted in Account No. 100.41.53250

Recommendation: Approval
Attachment: Technical Service Support Agreement

Contact Person

Name: Wallace Possich

Title Fire Chief

Department: Fire

Phone: 502-875-8511

Email: wpossich@frankfort.ky.gov
7.5 To authorize the Mayor to sign an agreement between Biologics, Inc. and the City of Frankfort (Human Resources).

Purpose: To authorize the Mayor to sign an agreement with Biologics to provide oncology management services under the City Employee Health Insurance Benefit program.
Background: This agreement with Biologics details the services Biologics will provide in coordination with the employee health insurance program. Biologics assists the plan administrators in containments of pharmacy costs associated with cancer treatments, as well as providing services to the employee or covered dependent in finding and choosing the best available options for treatment. This agreement is for a three-year period with up to five (5) optional one year extensions.
Recommendation: Approval

Financial Impact: Unpredictable, costs incurred only if necessary and when services are utilized.
Attachment:

Renewal Agreement

Contact Person

Name: Randy Donahue

Title: HR Director

Department: City Manager/Human Resources

Phone: 502/875-8500

Email: rdonahue@frankfort.ky.gov
7.6 Personnel Action Employee Department Effective Date Other

Appointment Isaac Gleason Sewer 9-8-09 Plant Operator
Promotion Eugene Moore Sewer 8-25-09 Promotion from Plant

Operator IV to Plant Superintendent

Contact Person

Name: Randy Donahue

Title: Director

Department: Human Resources

Phone: 502/875-8500

Email: rdonahue@frankfort.ky.gov

8. BOARD APPOINTMENTS
9. OLD BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT