The Frankfort City Commission's January work session will be on the 11th, and our monthly voting meeting will be on the 25th. Our draft agenda for the month is included below.

All of our meetings start at 5:00 at City Hall on Second Street. Public comments and questions are always welcome.

Questions and comments are also welcomed at selluswilder@gmail.com.

Thanks,
Sellus

BOARD OF COMMISSIONERS January 25, 2010

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

315 WEST SECOND STREET

FRANKFORT, KY 40601

502/875-8500

1. INVOCATION Rev. Sandra Murphree First

United Methodist Church,

PLEDGE OF ALLEGIANCE John Hammond
ROLL CALL

MINUTES

2. CEREMONIAL ITEMS

3. CITIZEN COMMENTS
4. ORDINANCES

4.1 FIRST READING: An Ordinance Amending Frankfort Code of Ordinances Chapter 40, Section 40.01, Procedure for Complaints Against Departments.
Purpose: This Ordinance amends the provisions of Section 40.01, Procedure For Complaints Against Departments of the Frankfort Code of Ordinances so that the provisions concerning complaints against members of the Police Department and the Fire Department are consistent with KRS 15.520 concerning complaints against Police Officers, and KRS 95.450 concerning discipline of members of the Police Department and the Fire Department.
Background: To amend the provisions of Section 40.01, Procedure For Complaints Against Departments so that the provisions concerning complaints against members of the Police Department and the Fire Department are consistent with KRS 15.520 concerning complaints against Police Officers, and KRS 95.450 concerning discipline of members of the Police Department and the Fire Department.

This Ordinance had its first reading on December 17, 2009.

Recommendation: Approval

Attachment:

Ordinance

Contact Persons

Name: Mark Wlhoite Wallace Possich Rob Moore

Title: Chief Chief City Solicitor

Department: Police Fire

Phone: 502/875-8523 502/875-8556 502-227-2271

Email: mwilhoite@frakfort.ky.gov wpossich@frankfort.ky.gov rmoore@hazelcox.com

4.2 FIRST READING: An Ordinance Concerning Maintenance of Sidewalks.
Purpose: This ordinance provides that the individuals or entities owning property adjacent to public sidewalks or utility strips shall keep the public sidewalks and utility strips free of trash, debris, leaves, branches, snow and ice and other items or conditions that may interfere with the use of said public sidewalks and utility strips.
Background: This Ordinance provides that the individuals or entities owning property adjacent to public sidewalks or utility strips shall keep the public sidewalks and utility strips free of trash, debris, leaves, branches, snow and ice and other items or conditions that may interfere with the use of said public sidewalks and utility strips. The provision of the Property Maintenance Code that contained this requirement was recently deleted, and this ordinance is being added to the chapter of the Code of Ordinances that specifically deals with sidewalks. This ordinance will ensure that sidewalks are available for use by the public.

This Ordinance had its first reading on December 17, 2009.

Recommendation: Approval
Attachment:

Ordinance

Contact Persons

Name: Jeff Hackbart Gary Muller Rob Moore

Title: Director Director City Solicitor

Department: Public Works Planning & Bldg. Codes

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

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

4.3 FIRST READING: An Ordinance to amend the City of Frankfort's Code Of Ordinances " Chapter 152 " by amending the City of Frankfort's Zoning Regulations; Article 4 - Section 4.42 Government District "SG", Subsections 4.420, 4.422, and 4.424 of the City of Frankfort's Zoning Ordinance.
Purpose: To amend the City's Zoning Ordinance as recommended by the Frankfort/Franklin County Planning Commission and the Zoning Update Committee by amending Article 4- Section 4.42 Government District "SG", of the City of Frankfort's Zoning Ordinance.
Background: Staff has been reviewing the Government District requirements and determined that some minor changes are needed.

Specifically, the request is to amend the transfer of property from governmental owned to privately owned " that the zoning district will automatically revert back to the previously known zoning district, provided it is consistent with the adopted Comprehensive Plan; and should the former district not be known, or if it is not consistent with the Comprehensive Plan, then the Planning Commission shall hold a public hearing to determine the most appropriate zoning district for such property.

On September 24, 2009, the Zoning Update Committee reviewed the proposed text amendments and made suggested changes and additions and then recommended the proposed text amendment to be forwarded to the Planning Commission. The changes have been incorporated into this proposed text change.
On November 19, 2009, the Frankfort/Franklin County Planning Commission held a public hearing, closed the public hearing, approved the report as the summary, and voted unanimously for approval to recommend the City of Frankfort's Board of Commissioners to approve the proposed text amendment.
This Ordinance had its first reading on December 17, 2009.

Financial Impact: none

Attachments:

Ordinance
The report submitted to the Planning Commission
Minutes of the November 19, 2009 Planning Commission meeting

Recommendation: Approval
Contact Person

Name: Gary Muller

Title: Director

Department: Planning and Building Codes

Phone: 502/875-8500

Email: gmuller@frankfort.ky.gov
5. ORDERS

5.1 An order designating authorized representatives to sign the Kentucky Pollution Discharge Elimination System (KPDES) permit, the Discharge Monitoring Reports (DMR's) and other wastewater permits, applications, reports and documents as required by the Commonwealth of Kentucky.

Purpose: The purpose of this Order is to give designated individuals authorization to sign certain documents required by the Commonwealth of Kentucky Energy and Environment Cabinet.

Background: The Commonwealth of Kentucky Energy and Environment Cabinet requires certain authorized signatures on various wastewater permits, applications and reports, including reports required to be submitted pursuant to the Consent Judgement to be entered into between the City and the EEC. This order authorizes the Director, the Deputy Director of Operations, the Deputy Director of the Collection System and the Wet Weather Coordinator of the Sewer Department, as representatives of the City, to sign the Kentucky Pollution Discharge Elimination System (KPDES) Permit, the Discharge Monitoring Reports (DMR's) and other wastewater permits, applications, reports and documents as required by the Commonwealth of Kentucky.
Recommendation: Approval
Attachment:

Order

Contact Person:

Name: William R. Scalf, Jr., PE

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov

6. RESOLUTIONS

None

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 the submission of application to the Department of Defense and State of Kentucky for obtaining surplus property and authorize the Mayor to sign all related documents.

Purpose: Requesting authorization to submit an application to the Department of Defense and State of Kentucky to allow the Frankfort Police Department to obtain surplus property and authorize the Mayor to sign all related documents.
Background: This agreement would allow the Department to obtain vehicles, equipment and accessories from the State of Kentucky and the Department of Defense.

Financial Analysis: None, other than possible shipping or transportation to site of pick up.

Recommendation: Approval

Attachments:

Department of Defense 1033 Program Agreement
State of Kentucky 1033 Program Plans Policy and
Procedures signature page

Law Enforcement Agency Application for Participation

Contact Person:

Name: Mark Wilhoite

Title: Chief of Police

Department: Police

Phone: 502/875-8523

Email: mwilhoite@frankfort.ky.gov

7.2 To authorize a solid waste disposal contract extension to BFI Waste Systems, Inc. (Public Works).
Purpose: The purpose of this item is to consider a solid waste disposal contract extension to BFI Waste Systems, Inc. for an additional five-year term.
Background: Frankfort currently collects residential solid waste and hauls the waste directly to the Benson Valley Landfill in Franklin County. The city's contract with BFI expires on 12/31/10 and the city has the option to extend the agreement an additional 5 years. The proposed disposal rate would increase 2% in 2010 and 5% for the remaining four years of the contract. The 2009 rate is $20.30/ton plus a $1.75/ton environmental fee.
Financial Analysis: Funds are budgeted in the Sanitation Division's operating budget for the disposal of solid waste (Account No. 100.65.53295).
Recommendation: It is recommended that the city extend the solid waste disposal contract with BFI for an additional five year term.

Attachment:

BFI Contract (to be provided)

Contact Person:

Name: Jeff Hackbart

Title: Director

Department: Public Works

Phone: 502/875-8500

Email: jhackbrt@frankfort.ky.gov
7.3 To award an Engineering Services Agreement to BTM Engineering, Inc. for the Safe Routes to School Sidewalk Improvement Project (Public Works).

Purpose: To award an Engineering Services Agreement to BTM Engineering, Inc. for the Safe Routes to School Sidewalk Improvement Project.

Background: The City of Frankfort accepted a Safe Routes to School Grant for $89,185 on 9/27/09. This Grant is to fund sidewalk improvements for the following schools: Elkhorn Elementary, Elkhorn Middle, Wilkinson Street School, Frankfort High/Middle School, and Collins Lane Elementary. The Safe Routes to School Grant will be used to install and repair sidewalks to enable students to walk or bike to school. Engineering services are required to prepare the plans, specifications, and oversight to meet the Grant requirements. Upon ranking the six firms submitting qualifications, it is recommended that the city enter into an engineering agreement with BTM to complete the work.

Financial Analysis: Funds are available in the amount of $23,500 for this professional service agreement with BTM Engineering, Inc in the Municipal Aid Account (No. 535.00.51100). The Safe Routes to School Grant is reimbursed 100% and requires no city match.

Recommendation: Approval

Attachment:

Agreement (to be provided)

Contact Persons

Name: Jeff Hackbart Rebecca Hall

Title: Director Grants Manager

Department: Public Works City Manager

Phone: 502/875-8500 502/875-8500

Email: jhackbart@frankfort.ky.gov rhall@frankfort.ky.gov

7.4 To award an Engineering Services Agreement to QK4 Engineers for the Wilkinson Boulevard Bicycle/Pedestrian Facilities Project (Public Works).

Purpose: To award an Engineering Services Agreement to QK4 Engineers for the Wilkinson Boulevard Bicycle/Pedestrian Facilities Project.

Background: The City of Frankfort accepted a $314,500 Transportation Enhancement (TE) Grant to construct a bicycle/pedestrian facility on 9-28-09. Engineering services is required to prepare plans, specifications and construction oversight to meet the grant requirements. The new 7,400 foot pedestrian/bicycle trail will begin at Riverview Park and terminates near the intersection of Wilkinson Boulevard and Fair Oaks Lane. A portion of the project will be along the banks of the Kentucky River while other portions of the facility will be along the north side of Wilkinson Boulevard. Staff rated the submitted qualifications from six different firms and recommend QK4 Engineers for the Wilkinson Trail Project. The scope of work for the Project includes:

Preliminary Concept Planning & Environmental Coordination $ 5,000
Survey Services including up to 10 easement descriptions $23,000
Design Services $24,000
Meetings and Coordination (optional) $ 5,000
Construction management, reporting, and oversight $25,000
Total $82,000

Financial Analysis: Funds are available for this professional service agreement with QK4 Engineers in the Municipal Aid Account (No.535.00.51100) in the amount of $82,000. The TE Grant is 80% reimbursable with a 20% in kind city match.

Recommendation: Approval

Attachment:

Agreement (to be provided)

Contact Person

Name: Jeff Hackbart Rebecca Hall

Title: Director Grants Manager

Department: Public Works City Manager

Phone: 502/875-8500 502/875-8500

Email: jhackbart@frankfort.ky.gov rhall@frankfort.ky.gov
7.5 To authorize the reducing funds to the construction contract with Herrick Company, Inc. to rehabilitate clarifiers at the Wastewater Treatment Plant (Sewer Department).
Purpose: The purpose of this item is to consider reducing funds to the construction contract with Herrick Company, Inc. to rehabilitate clarifiers at the Wastewater Treatment Plant.

Background: In May 2009, a contract was entered into with Herrick Company, Inc. to rehabilitate clarifiers at the Wastewater Treatment Plant.

Change Order # 1 covers changes in the project that created an overall reduction in the cost of the project. Details of changes are in the attachment.

The total contract amount is summarized below:

Original Contract $ 241,738

Change Order # 1 - 9,028

Revised Contract $ 232,710
Financial Analysis: This is a reduction in the contract amount.

Recommendation: Approval
Attachment:

Change Order No. 1

Contact Person

Name: William R. Scalf, Jr., PE

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
7.6 To grant authorization to pay for demolition of one house by Coulter Building Corporation and their sub-contractors for the HOME Holmes Street Rehabilitation Project (Grants Manager).

Purpose: The purpose of this item is to authorize payment for demolition of one house by Coulter Building Corporation and their sub-contractors for the HOME Holmes Street Rehabilitation Project for the City. The amount of the demolition work is estimated to be $5,800.00 is the attached bid tabulation.

Background: HOME Consultant Kriss Lowry and Associates, Inc. received bids for demolition and construction for the Holmes Street Project and Coulter Building Corporation had the winning bid. All bids were over the regular Kentucky Housing Corporation cap of $60,000.00 per house, however, the City requested KHC waive the cap due to the area need. The waiver was granted with the understanding that KHC funds will be used for construction and the City of Frankfort will make payment for the demolition of current properties. (Contracts for the demo/construction are made between the contractor and property owner.)

Financial Analysis: Funds for the construction are available in the HOME funding from the Kentucky Housing Corporation. The demolition funds will be used from Account No. 530.00.51100.

Recommendation: Approval

Attachment:

Bid Analysis (to be provided)

Contact Person

Name: Rebecca Hall

Title: Grants Manager

Department: City Manager

Phone: 502/352-2076

Email: rhall@frankfort.ky.gov
7.7 To authorize award of additional funds to the engineering contract with Webster Environmental Associates for bidding documents and services related to the Odor Study of West Frankfort (Sewer Department).
Purpose: The purpose of this item is to consider adding additional funds, Amendment # 1, to the contract with Webster Environmental Associates for bidding documents and services related to the Odor Study of West Frankfort.
Background: In January 2008 a contract was entered into with Webster Environmental to study odor issues from the sewers west of the Kentucky River for Frankfort. This study identified odor issues and proposed possible solutions. This would amendment would assist the sewer department through bidding alternatives for mitigation of the odor issues.

The total contract amount is summarized below:

Original Contract $ 42,800

Amendment # 1 11,784

Revised Contract $ 54,584

Financial Analysis: Funds are available in Account No. 200.68.53265

Recommendation: Approval
Attachment:

Change Order No. 1 (under review by City Attorney)

Contact Person

Name: William R. Scalf, Jr., PE

Title: Director

Department: Sewer

Phone: 502/875-2448

Email: wscalf@frankfort.ky.gov
7.8 To add funding to contract with H&A Resources, Inc. for the disposal of dewatered biosolids from the Wastewater Treatment Plant (Sewer Department).
Purpose: To increase funding with H&A Resources, Inc. (H&A) for the disposal of dewatered biosolids from the Wastewater Treatment Plant.

Background: The Sewer Department must dispose of approximately 5,000 wet tons (5,800 cubic yards) of dewatered biosolids annually from the Wastewater Treatment Plant. In September 2008 a contract was awarded to H&A Resources, Inc. for the material to be land farmed by H&A in conformance with all applicable state and federal regulations. This contract was for a period of 5 years.

Financial Analysis: Funds are available in Account No. 300.68.53295. Annual cost to the Department is estimated at $113,000.

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
7.9 To authorize additional funding to Engineering Services Agreement with DLZ Kentucky, Inc. for professional services related to the Sewer Department Wet Weather Program and the recently negotiated Consent Judgment with the Kentucky Environmental and Public Protection Cabinet (Sewer Department).
Purpose: To increase funding to DLZ Kentucky, Inc. for professional services related to the Sewer Department Wet Weather Program and the recently negotiated Consent Judgment with the Kentucky Environmental and Public Protection Cabinet.
Background: In June 2007 the City entered into a contract with DLZ Kentucky to provide professional engineering services related to the Sewer Department Wet Weather Program and the recently negotiated Consent Judgment with the Kentucky Environmental and Public Protection Cabinet. The additional funds will be used in a variety of tasks to assist the Sewer Department in executing projects, managing tasks and assist with scheduling. The additional funding, in the amount not to exceed $250,000 will be used throughout the remainder of the calendar year.

Financial Analysis: Funds are available in Account No. 300.68.54390.

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
7.10 To authorize the Mayor to sign the Collateral/Surety Agreement with American Founders Bank (Finance).

Purpose: The contract insures that all funds on deposit are continuously secured by collateral or a surety bond as provided by KRS 41.240.

Background: This contract is to insure that all funds on deposit are continuously secured

by collateral or a surety bond. This is to comply with the request from the CTM annual audit dated 6-30-08.
Financial Analysis: No Cost Impact

Recommendation: Approval

Attachment:

American Founders Bank/ Surety Agreement

Contact Person:

Name: Stephen R. Dawson

Title: Finance Director

Department: Finance

Phone: 502/875-8500

Email: sdawson@frankfort-ky.gov
7.11 To authorize the Mayor to sign a Mutual Aid Agreement with the Kentucky National Guard (Boone National Guard Center) (Fire Department).

Purpose: To authorize the Mayor to sign a Mutual Aid Agreement with the Kentucky National Guard (Boone National Guard Center) for emergency response to incidents occurring on base.

Background: This is an updated agreement to one executed years ago regarding emergency response to Boone National Guard Center which is located within the city limits. This agreement confirms that City of Frankfort emergency response agencies will be the primary responders to any emergency incident occurring on their property.

Financial Analysis: None
Recommendation: Approval

Attachment:

Agreement

Contact Person

Name: Wallace Possich Deron Rambo

Title: Chief Emergency Preparedness Coordinator

Department: Fire Fire

Phone: 502/875-8511 5025/352-2064

Email: wpossich@frankfort.ky.gov drambo@frankfort.ky.gov
7.12 To authorize the Mayor to sign a contract between SpyGlass Group, Inc., and the City of Frankfort (IT & Finance).

Purpose: To authorize the Mayor to sign a contract between SpyGlass Group, Inc and the City of Frankfort.

Background: The Spyglass Group, Inc. an Ohio Corp. is a telecommunications auditor that analyzes all accounts for charges due to oversights, double billing, closed accounts, etc. The City of Frankfort would like to utilize their services for such error for the benefit of recovering lost money from previous billing and savings in the future.

Financial Analysis: The only cost the city would incur is fifty percent of any refund, credit, or compensation received relating to past services or charges in the cost recovery section of the audit. There is a service elimination and cost reduction savings section that requires twelve times the monthly cost reduction received by the city.

Recommendation: Approval

Attachment:

Contract

Contact Persons:
Name: Julsun Pacheco Bobby Ripy Angie Disponette
Title: IT Manager G"IS Analyst Purchasing Agent/Deputy Finance Director
Department: IT IT Finance
Phone: 502/352-2266 502/352-2267 502/875-8500
Email: jpacheco@frankfort.ky.gov bripy@frankfort.ky.gov adisponette@gfrankfort.ky.gov

7.13 Personnel Action Employee Department Effective Date Other

Appointment Robert Prewitt Public Works 1-26-10 Senior Engineer

Attachments: None

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