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City Commission August Voting Meeting Final AgendaAugust 21, 2009
The Frankfort City Commission's August voting meeting will be held this Monday (the 24th) at City Hall (315 W. Second Street) at 5:00 pm. The full agenda is posted below. You can reach me at selluswilder@gmail.com with any questions or concerns. Sellus Wilder 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 Rev. Louis Newby, First Corinthian Baptist Church, PLEDGE OF ALLEGIANCE John Hammond MINUTES July 27, 2009 Regular Meeting; August 10, 2009 Work Session; August 13, 2009 Work Session 2. CEREMONIAL ITEMS 2.1 Background: The Board of Commissioners traditionally recognizes City employees who are retiring or are being promoted within the various City departments. At this meeting, the following individuals will be recognized: Public Works Bob Tillett, Public Works Assistant, retiring after 9 years service 2.2 Background: Frankfort Transit was recently presented the New Freedom and JARC award by the Kentucky Transportation Cabinet (KYC). Additionally, KTC presented the Manager of the Year award to Frankfort Transit Superintendent Betty Burris. Attached are the award presentation comments. Award presentation comments 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. This Ordinance had its first reading on July 27, 2009. Recommendation: Approval Ordinance Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov 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. Recommendation: Approval 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. 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 Ordinance 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. Background: Proposed rates for 2009 are as follows (for General Fund Purposes): 2. Insurance Taxable Capital 15.0 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 Public Hearing Notice 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. Recommended: Approval
Attachment: Ordinance 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 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 beginning in calendar year 2010. Attachment: Ordinance Name: Randy Donahue Title: HR Director Department: City Manager/Human Resources Phone: 502/875-8500 Email: rdonahue@frankfort.ky.gov Background: During the City Commission's work session on August 13, 2009, staff gave an overview of the status of a suspended zoning violation that concerned a farm animal within the City and additional similar violations that were also suspended. Proposed language was provided by staff, and the Commission agreed to move the item forward. The proposed language is consistent with KRS 247.4015. Recommendation: Approval Attachment: Ordinance Name: Gary Muller Title: Director Department: Planning and Building Codes Phone: 502/875-8500 Email: gmuller@frankfort.ky.gov 4.8 FIRST READING: An Ordinance rezoning property for a 1.52 acres of property located at 700-730 Wilkinson Blvd, more specifically described as PVA map #061-00-00-101.00, from SG " Government District (SG) to High Density Multifamily District (RH). Purpose: Approval of a zone map amendment from SG " Government District (SG) to High Density Multifamily District (RH) for a 1.52 acre tract for property located at 700-730 Wilkinson Blvd, more specifically described as PVA map #061-00-00-101.00. Background: KRS requires that a public hearing be held by the Planning Commission and that the Planning Commission's recommendation be forwarded to the Local Government. In accordance with Article 4, Section 4.424, upon the sale, transfer or release of property by any government, the Planning Commission is to evaluate the property (located at 700-730 Wilkinson Blvd., which is currently Zoned SG " Government District) and shall establish the most appropriate zoning district available under this ordinance for that land. Yellow Brick Properties have been approved to purchase this property currently owned by the Frankfort Housing Authority and desire to continue the use and operate the property as multi-family rental property. The site currently has 30 units (62 bedrooms) and the current density of the site is 19.73 units per acres which is consistent with the RH " High Density Multifamily District (24 u/a). Should the City Commission desire to not follow the Planning Commission's recommendation, then the item is to be tabled and a request for a verbatim transcript of the Planning Commission meeting, which must be obtained before the item can be heard by the City Commission. The City Commission will then be required to make their own findings of fact based on the verbatim transcript or hold its own public hearing and then make findings of fact. Any action by the City Commission is to be limited to only the findings and testimony given during the Planning Commission hearing and no additional evidence or testimony is to be received unless a new public hearing is held by the City Commission. On August 13, 2009, the Frankfort-Franklin County Planning Commission held a public hearing to consider a zone map amendment request for this property. The public hearing was closed, the testimony and report was accepted as the summary, made 6 findings of fact, and motioned to recommend approval of a zone map amendment from SG " Government District (SG) to High Density Multifamily District (RH); based on the findings of fact. The motion to recommend approval of the requested zone map amendment passed unanimously. Recommendation: Approval Attachments: Ordinance Name: Gary Muller Title: Director of Planning and Building Codes Department: Planning and Building Codes Phone: 502/875-8500 Email: Gmuller@frankfort.ky.gov 4.9 FIRST READING: An Ordinance amending Frankfort Code of Ordinances Chapter 40, Section 40.32, Number of Fire Personnel; Grades and Ratings. Financial Analysis: No additional cost will be incurred. Recommendation: Approval Ordinance Name: Wallace Possich Title: Fire Chief Department.: Fire Phone: 502/875-8511 Email: wpossich@frankfort.ky.gov Purpose: To determine whether the Board of Commissioners wishes to enter into an Agreement with CCEIDA providing for the payment of the amount of $36,500.00 to CCEIDA, with said funds to be used to make the payment due to John and Pat Hanley, in return for CCEIDA's agreement to repay the City and Franklin County as soon as sufficient monies are generated from the sale of property or from other sources. Background: CCEIDA has requested that the City of Frankfort agree to pay $36,500.00 of a $73,000 loan payment due to John and Pat Hanley in connection with the purchase by CCEIDA of land for the Hanley Lane Industrial Park. CCEIDA does not have sufficient funds to make the payment due the Hanleys at this time and is therefore requesting the City to pay the amount of $36,500.00 and Franklin County to pay the amount of $36,500.00. Financial Analysis: The City will make a payment of $36,500.00 to CCEIDA, with said funds to be used to make the payment due John and Pat Hanley, if the Board of Commissioners authorizes said payment. Payment to be made from the General Fund " Capital Improvement Account. Order Name: Rob Moore Steve Dawson Title: City Solicitor Director Department: Finance Phone: 502/227-2271 502/875-8500 Email: rmoore@hazelcox.com sdawson@frankfort.ky.gov 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. 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. Contact Person Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov 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. Sewer Extension Contract (under Attorney review) Name: William R. Scalf, Jr., P.E. Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov 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. Sewer Extension Contract (under Attorney Review) Name: William R. Scalf, Jr., P.E. Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov 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 Contact Person Name: Wallace Possich Title Fire Chief Department: Fire Phone: 502-875-8511 Email: wpossich@frankfort.ky.gov Purpose: To authorize the Mayor to sign an agreement with Biologics to provide oncology management services under the City Employee Health Insurance Benefit program. Financial Impact: Unpredictable, costs incurred only if necessary and when services are utilized. Renewal Agreement Name: Randy Donahue Title: HR Director Department: City Manager/Human Resources Phone: 502/875-8500 Email: rdonahue@frankfort.ky.gov Purpose: Ratify the award of a contract with CC Moore for an emergency repair of a collapsed sewer along Oaklawn Drive. Background: In late May of this year the Sewer Department discovered a collapsed sewer along Oaklawn Drive. Upon investigation it was determined that the sewer was deeper, 18 to 20 feet, than the department could safely repair with in-house forces. The Sewer Department then contacted CC Moore to make the repair. After mobilizing on site and exposing the section of collapsed sewer, CC Moore attempted to make the point repair, but due to the age and condition of the pipe, they had to expose an additional length of pipe, which was also in the same condition. After an internal investigation of the pipe it was determined that the pipe was in such a state of repair that the entire pipe run, manhole to manhole (approximately 470 feet with 2 new manholes), was necessary. Financial Analysis: Funds are available in Account No. 300.68.53250 Recommendation: Approval Attachment: None Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov Background: In December 2007 the Sewer Department accepted Statements of Qualifications from engineering firms for prequalification into the Wet Weather Program. The Sewer Department received Statements of Qualifications from 27 firms. Upon review of the Statements of Qualifications, a short-list of 3 firms was interviewed for the Two Creeks Project. Two members of the Sewer Department participated in the interviews of the short-listed firms. Based upon the presentations and the firm's responses to questions by members of the selection committee, the selection committee unanimously recommended that the project be awarded to Jordon, Jones, and Goulding (JJG). A contract for preliminary design and evaluation was awarded to JJG in June of 2008. This Amendment #3 is for additional cost associated with a change of location for the design of the pump station at a lump sum of $11,868.00. Amendment No. 1 $ 27,600 Amendment No. 2 $ 263,500 Amendment No. 3 $ 11,868 TOTAL CONTRACT $ 357,968 Amendment 3 Agreement. Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov Background: Two of the three oxidation ditches at the Wastewater Treatment Plant have been in operation for 30 years. These two ditches are mechanically in a serious state of disrepair. HMB will provide design and bidding services for the replacement equipment. The design and bidding, in the amount of $90,500, only covers oxidation ditch number 2 at the present time, but it is anticipated that the design selected will also be utilized for oxidation ditch number 1. During the recent energy audit, several energy saving recommendations were made; these recommendations will be evaluated by HMB for incorporation into the design. Recommendation: Approval Attachment: Engineering Agreement Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov Appointment Isaac Gleason Sewer 9-8-09 Plant Operator Trainee Promotion Eugene Moore Sewer 8-25-09 Promotion from Plant Operator IV to Plant Superintendent Retirement Bob Tillett Public Works 8-31-09 Public Works Assistant; authorize payment of all accrued leave as of effective date John Baker, Patrol Officer I, Police Department Bob Tillett retirement letter Name: Randy Donahue Title: Director Department: Human Resources Phone: 502/875-8500 Email: rdonahue@frankfort.ky.gov 8. BOARD APPOINTMENTS 10.1 To consider authorizing a bid award to Solvay Chemicals to provide chemicals for disinfection of wastewater (Sewer Department). Purpose: The purpose of this item is to consider a bid award to Solvay Chemicals to provide Peracetic Acid (PAA) for disinfection of discharged wastewater. Peracetic Acid is a proprietary chemical available only from Solvay Chemicals. In January 2008 the Sewer Department opened bids for temporary chemical disinfection and Solvay Chemicals was the only bidder for PAA. Solvay Chemicals is offering to provide PAA at the same unit price as was bid in January 2008 for a period of 3 years. Financial Analysis: Funding is available in Account No. 300.68.56550. Name: William R. Scalf, Jr., PE Title: Director Department: Sewer Phone: 502/875-2448 Email: wscalf@frankfort.ky.gov 11. ADJOURNMENT Comments
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