Board of Commissioners
Regular MeetingFrankfort, KY · January 22, 2018
Minutes
REGULAR MEETING January 22, 2018
FRANKFORT BOARD OF COMMISSIONERS 5:00 P.M. (EDT)
PRESENT: Commissioner Tommy Z. Haynes
Commissioner Scott Tippett
Commissioner Robert E. Roach
Commissioner Lynn Bowers
Mayor William I. May, Jr. (5)
ABSENT: None (0)
Mayor May called the meeting to order. The invocation was given by Reverend Gary Hager of Westview Baptist Church. The Pledge of Allegiance
was recited.
Ceremonial Items
Mayor May congratulated William Scalf on his retirement as Sewer Department Director with 17 years of service. Commissioner Bowers
commented she and Mr. Scalf both began working for the City in 2001 and he is reputed to be among the best in his field. She will miss his
expertise as well as his ties and smiles. Commissioner Haynes said thanks for taking the time to show a rookie sewer items. Commissioner
Tippett stated thank you and Mr. Scalf is a kind and patient man. Commissioner Roach expressed his appreciation and thanks. Mayor May said
thank you.
Mayor May and Wayne Briscoe, Fire Chief, congratulated the following employees being promoted in the Fire Department - Promotion of Jason
Monroe from Sergeant to Captain and the promotion of Josh Duncan from Firefighter II to Sergeant.
Mayor May, Travis Ellis, Police Chief, and Captain Chris Quire congratulated the Frankfort Police Department’s 2018 Graduating Class of the
Citizen’s Police Academy: Dove Buboltz, Daniel P. Chambliss, Dr. Christopher David, Ivan Duvall, Jennie Fisk, Tracy Hopper, Fran Johnston, Kim
Parham, Michelle Payton, M. Francine Poe, David Allen Richardson, Matthew Richardson, Carol S. Smith, Terri L. Sorrell, Karen Weller, Shannon
West and David S. Woodson.
It was moved by Commissioner Bowers, seconded by Commissioner Roach to add Old and New Business to the agenda and to change the order
of Action Items to read as follows:
5. Potential solutions to the Frankfort Plant Board issues
6. Rescind vote to hire independent legal counsel for the Frankfort Plant Board taken at the December
18, 2017 Special Regular Meeting
7. Discussion on independent legal counsel
9. Old Business
10. New Business
The question was put upon the motion and the roll called. Those voting in favor of the motion were Commissioners Haynes, Tippett, Roach,
Bowers and Mayor May (5). Those voting against the motion were none (0). The motion was thereupon adopted.
Citizens Comments
Cathy Jennings, a Franklin County resident and a Frankfort Plant Board employee, requested that the Board of Commissioners continue with their
plan to hire legal counsel to conduct an investigation of Frankfort Plant Board.
Dean Flannery, a Franklin County resident, spoke in support of the Frankfort Plant Board and contract negotiations.
Chris Schimmoeller, a Franklin County resident, spoke in support of the Frankfort Plant Board and requested a professional intervention.
Don Sturgeon, who lives in the City and is a Franklin County Magistrate, requested that the Fiscal Court be able to appoint members on the
Frankfort Plant Board and to consider getting rid of the whole board and start fresh.
Kathy Warren, a City of Frankfort resident and an FPB customer, spoke against the appointment of Jeff Bradshaw.
Amy Bensenhaver, a Franklin County resident, spoke about the Open Meetings Act and complying with the laws.
Richard Rosen, a City of Frankfort resident and husband of Anna Marie Rosen, spoke against efforts to remove Anna Marie Rosen.
Anna Marie Rosen, a City of Frankfort resident and the Chair of Frankfort Plant Board, stated she is still learning about Frankfort Plant Board and
communicated some of the challenges she has been facing.
Jim Daniel, a Franklin County resident spoke in support of Rosen and Baldwin of the Frankfort Plant Board.
Rodney Williams, a City of Frankfort resident and a former City Commissioner, commended Commissioner Roach’s efforts with the Frankfort Plant
Board issues and what an unpleasant situation this has been.
Louis McClain, a City of Frankfort resident, stated he believes that the Frankfort Plant Board issue has gotten to this point by not communicating.
Ed Powe spoke about the historical marker that will be placed at Mr. Taylor’s Barbershop at E. Main St. and Langford Ave. Mr. Powe requested
that the City clean up that area for the ceremony to occur sometime in February.
John Sower, a City of Frankfort resident and a former City Commissioner, stated he voted for Rosen and Baldwin per the Mayor’s
recommendation, however the Frankfort Plant Board is broken and falling.
Andy McDonald, a Franklin County resident, requested that the City Commission take an approach that respects everyone involved.
Vickie Birenberg, a City of Frankfort resident representing the KY Heritage Council, spoke in support of the CLG Grant application and the City of
Frankfort staff.
Ann Wingrove, a Franklin County resident, stated she has served on the Frankfort Plant Board in the past and what a huge responsibility the
board has.
Mike Clark, a City of Frankfort resident, spoke against hiring counsel to investigate the Frankfort Plant Board members.
David Denton, a Franklin County resident and the interim General Manager of the Frankfort Plant Board, spoke on the dedication of the Frankfort
Plant Board employees and feels the issue is the lack of trust. Mr. Denton supports an investigation of any kind to be open and transparent.
It was moved by Commissioner Roach, seconded by Commissioner Haynes, to allow for a five minute recess. The question was put upon the
motion and was adopted by voice vote.
The meeting was called back to order at 7:44 p.m. with all members present.
Consent Calendar
The following miscellaneous and personnel items were presented:
1. Minutes – December 11, 2017 Special Meeting – 10:00 a.m.; December 11, 2017 Special Meeting – 4:45 p.m.; December 11, 2017 Work
Session; December 11, 2017 Special Meeting – 6:00 p.m.; December 18, 2017 Special Regular Meeting.
2. Kentucky Avenue Phase 3, Contract Award to Flynn Brothers Contracting, Inc.
Approved a construction contract with Flynn Brothers Contracting, Inc. for Kentucky Avenue Interceptor Rehabilitation Phase 3 and authorized
the Mayor to sign all related documents. Bids were received on December 12, 2017 and Flynn Brothers Contracting, Inc. was determined to
be the lowest qualified bidder at $ 1,257,810.00. A total of 4 bids were received, the remaining bids were Insight Pipe for $1,681,451.00,
Portland Utilities Construction Company for $2,088,270.00, and Layne Inliner for $2,043,632.00. The engineers estimate was $1,300,000. This
project will finish plans to ensure reliable flow to the treatment plant for the foreseeable future. This project was budgeted for in the Sewer
construction account and is under a Kentucky Infrastructure Authority (KIA) Loan. Currently there is $1,848,000 left available on the loan. We
would request an authorization of $1,383,591.00 which will include a 10% contingency for change orders to be approved administratively
(Sewer).
3. West Frankfort Pump Station Project, Smith Contractors Change Order #2 (Balancing)
Approved Change Order #2 to Smith Contractors, Inc. for balancing quantities and project close out and authorized the Mayor to sign all
related documents. Bids were received on March 17, 2017 and Smith Contractors, Inc. was determined to be the lowest qualified bidder at $
2,860,000.00 and awarded the contract in April 2016. A total of 6 bids were received, the remaining bids were MAC Construction for
$3,388,000, Building Crafts, Inc. for $2,943,404, Dougan & Myers for $3,373,222, Pace Contracting for $3,390,000, and Herrick Company for
$3,122,000. The engineers estimate was $3,300,000. This change order reduces the total contract amount by $72,148.30. The Sewer
Department will process all proper paperwork to close out the project with Smith Contractors, Inc. and Kentucky Infrastructure Authority
(Sewer).
4. Final Balancing Change Order 1: Construction Contract for Free Contracting, Inc. for the Crestwood I&I Rehabilitation Project-
Schenkel Lane Improvements
Approved the Final Balancing Change Order for the construction contract to Free Contracting, Inc. for the Crestwood I&I Rehabilitation Project
– Schenkel Lane Improvements, and authorized the Mayor to sign all documents related to the project. In 2014-2015, Phase 1 of the
Crestwood I&I Rehabilitation Project was constructed including CIPP lining, sewer line replacement, point repairs and private service
connection replacements. The project addressed capacity issues and inflow and infiltration in the Crestwood subdivision. The Schenkel Lane
phase is the final portion of the project to be constructed. This change order covers the work that was completed based on field conditions. A
purchase order to Free Contracting in the amount of $10,609.94 will cover the cost of this change order. Funding is available in account
300.68.54555 (Sewer).
5. Amendment 11 to Professional Services Agreement with CDM Smith for Crestwood I&I Rehabilitation Project- Schenkel Lane
Improvements, Construction Services
Approved Amendment 11 to a Professional Agreement with CDM Smith for the completion of the construction services for the sanitary sewer
realignment for the Crestwood I&I Rehabilitation project- Schenkel Lane Improvements, to extend the completion date from December 31,
2017 to February 28, 2018, and authorized the Mayor to sign all related documents. There was additional scope added to the construction
project resulting in additional construction services required by the engineer. This amendment covers additional inspection services beyond
the 65 hours included in amendment 10, and additional construction services as a result of field changes. The amount of this amendment is
$6,950.00. This amendment also extends the completion date from December 31, 2017 to February 28, 2018. The cost of this amendment is
$6,950.00. Funds are available in account 300.68.56555 (Sewer).
6. Contract Extension – Laura’s Cleaning Service, LLC.
Approved a one year contract extension for janitorial services to Laura’s Cleaning Services, LLC. and authorized the Mayor to sign all related
documents. In November 2014, the City Commission approved a two-year contract with Laura’s Cleaning Service for janitorial services in the
Second Street City buildings. That contract contained an option for a yearly renewal. In November of 2016, the City commission approved a
one year extension of the contract. Laura’s Cleaning Service has continued to provide quality service for the past three years and has agreed
to the extension at the same rate of $5800 per month. Funds for this contract are included in the FY17-18 budget and are contained in
#100.6453295 (Public Works).
7. Change Order – Collins Lane – HMB Professional Engineers, Inc.
Approved Change Order No.1 to the contract with HMB Professional Engineers, Inc. for additional engineering consulting services related to
the Collins Lane I/I Reduction and Cloverdale Stormwater Management Project and authorized the Mayor to sign all related documents. In
January 2017, the City Commission approved a contract with HMB Professional Engineers to evaluate existing storm and sanitary sewers and
prepare plans for the improvements. The project area contains portions of the Collins Lane/Cloverdale area. The project area has known
inflow and infiltration (I&I) in the existing sanitary sewer system. Closed Circuit Television (CCTV) videos are available to analyze the condition
of all pipe segments in this subdivision. This will enable the engineering consultant to determine where defects exist that are contributing I&I to
the system, and to make recommendations for rehabilitation. There are also known flooding and stormwater conveyance problems in the area
that will be addressed with this project. The Frankfort Sewer Department and Public Works are combining efforts to improve infrastructure in
this project area. This change order adds the Belvoir/Leawood intersection along with Brookhaven and Crosshill Drives to the area studied for
storm water. These areas experience roadway flooding.The cost of services for adding this area to the overall project is a lump sum fee of
$10,800. The original contract price for this project was $297,890. The revised contract price is $308,690. Funds for this change order
(Change Order No. 1) are included in the FY17-18 budget and are contained in account 735.00.51100 (Public Works).
8. 2019 Highway Safety Grant Proposal
Authorized an application for Highway Safety Grant funds and authorized the Mayor to sign all grant related documents. The mission of this
grant is to plan and execute a comprehensive traffic safety program to reduce the number of fatalities and injuries on Kentucky's roadways,
utilizing present and potential resources on the local, state and national levels. The Governor's Highway Safety Program coordinates highway
safety programs focused on public outreach and education, enforcement, promotion of new safety technology, integration of public health
strategies and techniques, advocacy for traffic safety issues, and collaboration with state and local governments. The City of Frankfort would
like to apply for funds associated with personnel and equipment not to exceed $189,000.00 (Police Department).
9. New Police Vehicle Purchase
Approved the purchase of five (5) 2018 Ford Police Interceptor Utility patrol vehicles utilizing funds from FY 2017-2018 budget and authorized
the Mayor to sign all related documents. These vehicles will be purchased from Paul Miller Ford through the state contract. Due to the recent
retirements, this has been put off until later in the fiscal year. The Police Department is asking that five (5) vehicles be purchased at this time
with a 6th vehicle being purchased before the end of the fiscal year if the budget allows. These vehicles will be purchased from Paul Miller
Ford. The cost through state contract for each vehicle will be $28,108.58. The total of these 5 vehicles will be $140,542.90. The up-fit will be
completed by L&W Emergency Equipment, through approved state contracting, will be $15,801.35. The total for up-fit will be $79,006.75. The
vehicles will be purchased through budgeted funds from account 100.43.56555 and the up-fit will be paid from account 100.43.56550.
10. AFG Grant Authorization
Authorized the application of the 2017 Assistance to Firefighters Grant (AFG) for the purchase of eight (8) ambulance Power Load systems in
the amount of $467,780.00 and authorized the Mayor to sign all grant related documents. The AFG grant was developed to meet the
firefighting and emergency response needs of fire departments and emergency medical service organizations. Since 2001, AFG has provided
grant funding to first responders so they are able to obtain critically needed equipment, protective gear, emergency vehicles, training and other
resources necessary in protecting the public and their emergency personnel from fire and other related hazards. This year, the Federal
Government has provided $310 million dollars for the 2017 grant cycle. The Fire Department has sought funding for this project for the last
three grant cycles without success. There is no immediate budget impact for applying for the grant; however, should we be awarded the
grant, the grant requires a ten (10) percent match of $46,000.00. This would require a budget amendment, if awarded, prior to July 2018,
otherwise the funds are anticipated being budgeted as a “Contingency” expenditure in the upcoming FY 18-19 budget cycle (Fire).
11. PVA Property Tax Rolls
Authorized the payment of the Franklin County PVA Office update of the Property Tax Rolls update for 2017 in the amount of $40,000.00 and
authorized the Mayor to sign any related documents (Finance).
12. Certified Local Government Grant Application
Authorized the submission of a Certified Local Government Grant application for Historic Preservation Educational Outreach and authorized
the Mayor to sign any related documents. The Educational Outreach will include a brochure for citizens living in Historic Districts to describe
possible funding and the importance of Historic Preservation as well as advertisements and materials to be distributed during Historic
Preservation Month. Many of our citizens who own historic properties are unaware of the importance of their structure, how to maintain the
structure or what programs or funds are available to aide in the preservation of their property. Staff requests to apply for CLG funding in the
amount of $5,000.00 to cover the costs for the Historic Preservation Educational Outreach. We have acquired initial quotes for the needed
services to perform this outreach and believe $5,000 will be sufficient. The federal share requested (60% of award) is $3,000.00 from the
Kentucky Heritage Council. Local match for this project (40% of the award), would be $2,000.00, based on preliminary information– in kind
services will not be sufficient to secure the services. The match will need to be funded from the General Fund. Staff feels an Educational
Outreach program for Historic Preservation in our Historic Districts would be beneficial to our citizens. The entire project will cost an estimated
$5,000. If funded, the CLG Grant will cover 60%, or $3,000, of the project. The $2,000 match (40%) would need to be funded in the 2018-
2019 Budget (Grants)
13. The following personnel items were presented:
· Retirement of William Scalf in the Sewer Department as Sewer Director effective 1/31/18, and authorize payment of accrued leave
(Sewer).
· Resignation of Phillip Powell in the Fire Department as Firefighter II effective 1/26/18, and authorize payment of accrued leave (Fire).
· Resignation of Ryan Smith in the Fire Department as Firefighter III effective 1/31/18, and authorize payment of accrued leave (Fire).
· Resignation of Nacomis Miner in the Police Department as Patrol Officer I effective 1/11/18 (Police).
· Reassignment of Gary Muller in the Planning Department as Planning Director to Fire Marshal in the Fire Department, effective 2/6/18
(Planning).
· Appointment of Matthew Hammond in the Sewer Department as Maintenance Tech I, effective 1/2/18 (Sewer).
· Promotion of David Gipson in the PW/Street Department from Street Foreman to Street Superintendent, effective 12/19/17 (PW/Streets).
· Promotion of Jason Monroe in the Fire Department from Sergeant to Captain, effective 1/23/18 (Fire).
· Promotion of Josh Duncan in the Fire Department from Firefighter II to Sergeant, effective 1/23/18 (Fire).
· Appointment of Wes Clevinger in the Fire Department as Firefighter II, effective 2/6/18 (Fire).
Permission to make up to six (6) conditional offers of employment for the position of Firefighter/EMT Recruit. The request to make these
conditional offers of employment is contingent upon successful completion of background, medical, psychological, polygraph, and drug screen
examinations by each candidate. These conditional offers will take sworn staffing to 85 with the departure of the 2 Fire personnel above included.
It was moved by Commissioner Haynes, seconded by Commissioner Tippett, that items of the Consent Agenda be adopted. All members being
present, the motion to approve the consent agenda was adopted by voice vote without objection.
1. Board Appointments
1.1 Frankfort Electric & Water Plant Board - Appointment of Jeff Bradshaw (replacing John Cubine) expiring 9-23-19. It was moved by Mayor
May, seconded by Commissioner Haynes, to accept the nomination of Jeff Bradshaw. Following a brief discussion, both motions were
withdrawn. Commissioner Bowers requested that the item be moved on the agenda to No. 8 under Action Items to follow the Frankfort Plant
Board discussion.
1.2 Housing Authority – Reappointment of Garnett Thurman expiring 1-29-22. It was moved by Commissioner Bowers, seconded by
Commissioner Roach, to approve the reappointment. The question was put upon the motion and the roll called. Those voting in favor of the
motion were Commissioners Haynes, Tippett, Roach, Bowers and Mayor May (5). Those voting against the motion were none (0). The motion
was thereupon adopted.
It was moved by Commissioner Bowers, seconded by Commissioner Roach, to allow for a five minute recess. The question was put upon the
motion and was adopted by voice vote.
The meeting was called back to order at 8:34 p.m. with all members present.
Action Items
1. Second Reading
“AN ORDINANCE AMENDING THE CITY OF FRANKFORT CODE OF ORDINANCES, SECTION 37.31 RELATING TO THE EMPLOYEE
CLASSIFICATION AND COMPENSATION PAY PLAN” was presented and read. The Ordinance had its First Reading on December 18, 2017.
It was moved by Commissioner Haynes, seconded by Commissioner Tippett, to Passover and bring back to the February Work Session for
additional discussion. Commissioner Bowers stated she will be voting “no” as the ordinance would lower requirement standards placing
Directors at a disadvantage in dealing with other entities. The question was put upon the motion and was adopted by voice vote.
2. First Reading
“AN ORDINANCE AMENDING SECTION 36.197(A) OF THE CITY OF FRANKFORT CODE OF ORDINANCES REGARDING TERMS AND
APPOINTMENTS OF THE CAPITAL COMMUNITY ECONOMIC/ INDUSTRIAL DEVELOPMENT AUTHORITY (DOING BUSINESS AS
KENTUCKY CAPITAL DEVELOPMENT CORPORATION)” was presented and read.
3. Order
“AN ORDER PROVIDING FOR DELEGATION OF CITY MANAGER POWERS AND DUTIES WHEN HE/ SHE IS UNABLE TO ATTEND TO
THEM” was presented and read. It was moved by Commissioner Bowers, seconded by Commissioner Haynes, that the Order be adopted.
The question was put upon the motion and the roll called. Those voting in favor of the motion were Commissioners Haynes, Tippett, Roach,
Bowers and Mayor May (5). Those voting against the motion were none (0). The Order was thereupon adopted (Order No.1, 2018 Series).
4. Resolution
“A RESOLUTION IN SUPPORT OF ALLOWING A RESIDENT OF OWENTON, KENTUCKY TO BECOME A MEMBER OF THE HOUSING
AUTHORITY OF FRANKFORT” was presented and read.
It was moved by Commissioner Haynes, seconded by Commissioner Roach, that the Resolution be adopted. The question was put upon the
motion and the roll called. Those voting in favor of the motion were Commissioners Haynes, Tippett, Roach, Bowers and Mayor May (5).
Those voting against the motion were none (0). The Resolution was thereupon adopted (Resolution No.1, 2018 Series).
5. Potential solutions to the Frankfort Plant Board issues
It was moved by Commissioner Bowers, seconded by Commissioner Roach, for sake of discussion, we the Board of Commissioners, remove
all current Frankfort Plant Board members tonight and reconstitute the board via each Board of Commission member submitting one person’s
name who is willing to serve on the Frankfort Plant Board along with resume and questions/responses to the Mayor by the February Work
Session with the Mayor then recommending to the Board of Commissioners those five names for appointment at the February voting meeting.
The motion was removed by Commissioner Bowers and restated.
It was moved by Commissioner Bowers, seconded by Commissioner Roach, we the Board of Commissioners, remove all current Frankfort
Plant Board members tonight and reconstitute the board via each Board of Commission member submitting one person’s name who is willing
to serve on the Frankfort Plant Board along with resume and questions/responses to the Mayor by the February Work Session with the Mayor
then recommending to the Board of Commissioners those five names for appointment at the February voting meeting; following which all
appointees must obtain training in Open Meetings and Open Records before taking their seats.
Laura Ross, City Solicitor, recommended that the Board of Commissioners wait on a vote for removal until all due process has been followed.
Commissioner Bowers and Commissioner Roach both withdrew their motions.
It was moved by Commissioner Roach, seconded by Commissioner Bowers, to hold a vote on removal of Ms. Rosen and Mr. Baldwin from
Frankfort Plant Board due to inefficiency, neglect of duty, misfeasance, malfeasance, nonfeasance, following approved due process and direct
the City Solicitor to engage legal counsel with appropriate experience to advise us to due process requirement and represent through the
process.
Commissioner Bowers withdrew her second.
It was moved by Commissioner Roach, seconded by Commissioner Bowers, to amend the previous motion as follows, to hold a vote on
removal of Ms. Rosen and Mr. Baldwin from Frankfort Plant Board due to any of the following, inefficiency, neglect of duty, misfeasance,
malfeasance, nonfeasance, following approved due process and direct the City Solicitor to engage legal counsel with appropriate experience
to advise us to due process requirement and represent through the process. The question was put upon the motion and the roll called. Those
voting in favor of the motion were Commissioners Roach and Bowers (2). Those voting against the motion were Commissioner Haynes,
Commissioner Tippett and Mayor May (3). Therefore the motion failed
It was moved by Commissioner Roach, seconded by Commissioner Bowers, to hold a vote on removal of Ms. Rosen and Mr. Baldwin from
Frankfort Plant Board due to inefficiency, neglect of duty, misfeasance, malfeasance, nonfeasance, following approved due process and direct
the City Solicitor to engage legal counsel with appropriate experience to advise us to due process requirement and represent through the
process. The question was put upon the motion and the roll called. Those voting in favor of the motion were Commissioners Roach and
Bowers (2). Those voting against the motion were Commissioner Haynes, Commissioner Tippett and Mayor May (3). Therefore the motion
failed.
It was moved by Commissioner Roach, seconded by Commissioner Bowers, to direct the City Solicitor to engage legal counsel to conduct an
investigation of Mr. Baldwin and Ms. Rosen and provide a report on whether they have acted in a manner that rises to the level of the removal
reasons in the governing statute. The report would be provided within 30 days from the date of hire of counsel.
It was moved by Commissioner Bowers to amend the motion from 30 days to 15 days. The motion died for lack of a second.
It was moved by Commissioner Roach, seconded by Commissioner Bowers, to direct the City Solicitor to engage legal counsel to conduct an
investigation of Mr. Baldwin and Ms. Rosen and provide a report on whether they have acted in a manner that rises to the level of the removal
reasons in the governing statute. The report would be provided within 30 days from the date of hire of counsel. The question was put upon
the motion and the roll called. Those voting in favor of the motion were Commissioners Haynes, Tippett, Roach and Bowers (4). Those voting
against the motion was Mayor May (1). The motion was thereupon adopted.
Note: The firm of Thompson, Miller & Simpson was hired to conduct the investigation.
Commissioner Bowers reintroduced the need for training in Open Meetings and Open Records to be provided to all board appointees. The
Board of Commissioners preferred to bring back to the Work Session. Commissioner Bowers commented she had spoken with the League of
Cities and they are able to provide such training. There was no objection and staff agreed to investigate further.
6. Rescind vote to hire independent legal counsel for the Frankfort Plant Board taken at the December 18, 2017 Special Regular
Meeting.
It was moved by Commissioner Roach, seconded by Commissioner Haynes, to rescind the vote to hire independent legal counsel for the
Frankfort Plant Board taken at the December 18, 2017 Special Regular Meeting. The question was put upon the motion and the roll called.
Those voting in favor of the motion were Commissioners Haynes, Tippett, Roach, Bowers and Mayor May (5). Those voting against the
motion were none (0). The motion was thereupon adopted.
Commissioner Roach commented that he was confident in what the Commission did in December and the legal challenges were not correct.
The Board of Commissioners was wise to look to rescind.
Commissioner Bowers echoed Commissioner Roach’s comments.
7. Discussion on independent legal counsel.
This item was discussed under No. 5.
8. Frankfort Electric & Water Plant Board - Appointment of Jeff Bradshaw (replacing John Cubine) expiring 9-23-19.
Mr. Bradshaw was in attendance and answered questions from the Board of Commissioners.
It was moved by Mayor May, seconded by Commissioner Haynes, to appoint Jeff Bradshaw to the Frankfort Electric & Water Plant Board
expiring 9-23-19. The question was put upon the motion and the roll called. Those voting in favor of the motion were Commissioner Haynes
and Mayor May (2). Those voting against the motion were Commissioners Tippett, Roach and Bowers (3). Therefore the motion failed.
9. Old Business
Commissioner Roach expressed concern that the City does not have representation at the Housing
Authority meetings and requested that the Mayor or a staff member attend.
Commissioner Tippett spoke about the Hammon-McClendon Gym/Youth Center and will be working with Cindy Steinhauser, City Manager, to
look at short term and long term solutions. A meeting has been scheduled for February to see how they can continue to operate.
Commissioner Bowers would like to discuss the plan to replace Mr. Scalf, Sewer Director and Mr. Muller, Planning Director, at the February
Work Session.
10. New Business
Commissioner Roach spoke about the 2017 Annual Report, abandoned properties and delinquent taxes. The City is on the right track.
Laura Ross, City Solicitor, commended Nancy Bailey for her efforts on collecting delinquent taxes. Since October 2017, Ms. Bailey has
collected $16,649.00 in delinquent taxes.
It was moved by Commissioner Roach, seconded by Commissioner Bowers, that the meeting adjourn. The question was put upon the motion and
thereupon adopted by voice vote. The meeting adjourned at 9:50 p.m.
________________________________
Mayor
Attest:
_____________________________
City Clerk
Agenda
Revised 1-19-18
AGENDA
REGULAR MEETING January 22, 2018
BOARD OF COMMISSIONERS 5:00 P.M. (EST)
315 WEST SECOND STREET
FRANKFORT, KY 40601
502/875-8500 ~ www.frankfort.ky.gov
INVOCATION– GARY HAGER - WESTVIEW BAPTIST CHURCH
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
The Board of Commissioners traditionally recognizes city employees who are retiring or are being promoted. At
this meeting, the following individuals will be recognized:
Retirements:
Fire Department – Brian Perry retired on December 31, 2017 with 18 years of service.
Sewer Department – William Scalf will retire as Sewer Department Director with 17 years of service.
Promotions:
Promotion of Jason Monroe in the Fire Department from Sergeant to Captain.
Promotion of Josh Duncan in the Fire Department from Firefighter II to Sergeant.
Presentation – Frankfort Police Department’s Recognition of 2018 Graduating Class of the Citizen’s Police
Academy: Congratulations to Dove Buboltz, Daniel P. Chambliss, Dr. Christopher David, Ivan Duvall, Jennie
Fisk, Tracy Hopper, Fran Johnston, Kim Parham, Michelle Payton, M. Francine Poe, David Allen Richardson,
Matthew Richardson, Carol S. Smith, Terri L. Sorrell, Karen Weller, Shannon West, David S. Woodson.
CITIZEN COMMENTS – PLEASE USE THE SIGN IN SHEET. INDIVIDUAL REMARKS ARE LIMITED TO
FIVE MINUTES
CONSENT CALENDAR
Items on the Consent Calendar are considered 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.
1. Minutes – December 11, 2017 Special Meeting – 10:00 a.m.; December 11, 2017 Special Meeting – 4:45
p.m.; December 11, 2017 Work Session; December 11, 2017 Special Meeting – 6:00 p.m.; December 18,
2017 Special Regular Meeting.
1
2. Kentucky Avenue Phase 3, Contract Award to Flynn Brothers Contracting, Inc.
The purpose of this memo is to recommend the approval of construction contract with Flynn Brothers
Contracting, Inc. for Kentucky Avenue Interceptor Rehabilitation Phase 3 and authorize the Mayor to sign all
related documents. Bids were received on December 12, 2017 and Flynn Brothers Contracting, Inc. was
determined to be the lowest qualified bidder at $ 1,257,810.00. A total of 4 bids were received, the remaining
bids were Insight Pipe for $1,681,451.00, Portland Utilities Construction Company for $2,088,270.00, and
Layne Inliner for $2,043,632.00. The engineers estimate was $1,300,000. This project will finish plans to
ensure reliable flow to the treatment plant for the foreseeable future. This project was budgeted for in the
Sewer construction account and is under a Kentucky Infrastructure Authority (KIA) Loan. Currently there is
$1,848,000 left available on the loan. We would request an authorization of $1,383,591.00 which will include
a 10% contingency for change orders to be approved administratively (Sewer).
Attachments: Engineers recommendation letter, Bid tab
Suggested Disposition: Receive and File; Approve
3. West Frankfort Pump Station Project, Smith Contractors Change Order #2 (Balancing)
The purpose of this memo is to recommend the approval of Change Order #2 to Smith Contractors, Inc. for
balancing quantities and project close out and authorize the Mayor to sign all related documents. Bids were
received on March 17, 2017 and Smith Contractors, Inc. was determined to be the lowest qualified bidder
at $ 2,860,000.00 and awarded the contract in April 2016. A total of 6 bids were received, the remaining bids
were MAC Construction for $3,388,000, Building Crafts, Inc. for $2,943,404, Dougan & Myers for $3,373,222,
Pace Contracting for $3,390,000, and Herrick Company for $3,122,000. The engineers estimate was
$3,300,000. This change order reduces the total contract amount by $72,148.30. The Sewer Department will
process all proper paperwork to close out the project with Smith Contractors, Inc. and Kentucky Infrastructure
Authority (Sewer).
Attachments: Change Order # 2
Suggested Disposition: Receive and File; Approve
4. Final Balancing Change Order 1: Construction Contract for Free Contracting, Inc. for the Crestwood I&I
Rehabilitation Project- Schenkel Lane Improvements
The purpose of this memorandum is to request City Commission approval for the Final Balancing Change
Order for the construction contract to Free Contracting, Inc. for the Crestwood I&I Rehabilitation Project –
Schenkel Lane Improvements, authorize the Mayor to sign all documents related to the project. In 2014-
2015, Phase 1 of the Crestwood I&I Rehabilitation Project was constructed including CIPP lining, sewer line
replacement, point repairs and private service connection replacements. The project addressed capacity
issues and inflow and infiltration in the Crestwood subdivision. The Schenkel Lane phase is the final portion of
the project to be constructed. This change order covers the work that was completed based on field conditions.
A purchase order to Free Contracting in the amount of $10,609.94 will cover the cost of this change order.
Funding is available in account 300.68.54555 (Sewer).
Attachments: Change Order # 1 (Draft)
Suggested Disposition: Receive and File; Approve
5. Amendment 11 to Professional Services Agreement with CDM Smith for Crestwood I&I Rehabilitation
Project- Schenkel Lane Improvements, Construction Services
The purpose of this memorandum is to request approval from the City Commission for Amendment 11 to a
Professional Agreement with CDM Smith for the completion of the construction services for the sanitary sewer
realignment for the Crestwood I&I Rehabilitation project- Schenkel Lane Improvements, to extend the
completion date from December 31, 2017 to February 28, 2018, and to authorize the Mayor to sign all related
documents. There was additional scope added to the construction project resulting in additional
construction services required by the engineer. This amendment covers additional inspection services
beyond the 65 hours included in amendment 10, and additional construction services as a result of
field changes. The amount of this amendment is $6,950.00. This amendment also extends the
completion date from December 31, 2017 to February 28, 2018. The cost of this amendment is
$6,950.00. Funds are available in account 300.68.56555 (Sewer).
Attachments: Amendment # 11
Suggested Disposition: Receive and File; Approve
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6. Contract Extension – Laura’s Cleaning Service, LLC.
Public Works is seeking approval of a one year contract extension for janitorial services to Laura’s Cleaning
Services, LLC. and authorization for the Mayor to sign all related documents. In November 2014, the City
Commission approved a two-year contract with Laura’s Cleaning Service for janitorial services in the Second
Street City buildings. That contract contained an option for a yearly renewal. In November of 2016, the City
commission approved a one year extension of the contract. Laura’s Cleaning Service has continued to provide
quality service for the past three years and has agreed to the extension at the same rate of $5800 per month.
Funds for this contract are included in the FY17-18 budget and are contained in #100.6453295 (Public Works).
Attachments: Contract (To be provided)
Suggested Disposition: Receive and File; Approve
7. Change Order – Collins Lane – HMB Professional Engineers, Inc.
Public Works is seeking approval of Change Order No.1 to the contract with HMB Professional Engineers, Inc.
for additional engineering consulting services related to the Collins Lane I/I Reduction and Cloverdale
Stormwater Management Project and authorization for the Mayor to sign all related documents. In January
2017, the City Commission approved a contract with HMB Professional Engineers to evaluate existing storm
and sanitary sewers and prepare plans for the improvements. The project area contains portions of the Collins
Lane/Cloverdale area. The project area has known inflow and infiltration (I&I) in the existing sanitary sewer
system. Closed Circuit Television (CCTV) videos are available to analyze the condition of all pipe segments in
this subdivision. This will enable the engineering consultant to determine where defects exist that are contributing
I&I to the system, and to make recommendations for rehabilitation. There are also known flooding and
stormwater conveyance problems in the area that will be addressed with this project. The Frankfort Sewer
Department and Public Works are combining efforts to improve infrastructure in this project area. This change
order adds the Belvoir/Leawood intersection along with Brookhaven and Crosshill Drives to the area
studied for storm water. These areas experience roadway flooding.The cost of services for adding this area to
the overall project is a lump sum fee of $10,800. The original contract price for this project was $297,890. The
revised contract price is $308,690. Funds for this change order (Change Order No. 1) are included in the FY17-
18 budget and are contained in account 735.00.51100 (Public Works).
Attachments: Amendment No. 1
Suggested Disposition: Receive and File; Approve
8. 2019 Highway Safety Grant Proposal
To consider authorizing an application for Highway Safety Grant funds and authorizing the Mayor to sign all
grant related documents. The mission of this grant is to plan and execute a comprehensive traffic safety
program to reduce the number of fatalities and injuries on Kentucky's roadways, utilizing present and potential
resources on the local, state and national levels. The Governor's Highway Safety Program coordinates
highway safety programs focused on public outreach and education, enforcement, promotion of new safety
technology, integration of public health strategies and techniques, advocacy for traffic safety issues, and
collaboration with state and local governments. The City of Frankfort would like to apply for funds associated
with personnel and equipment not to exceed $189,000.00 (Police Department).
Attachments: None
Suggested Disposition: Receive and File; Approve
9. New Police Vehicle Purchase
The purpose of this memo is to request the purchase of five (5) 2018 Ford Police Interceptor Utility patrol
vehicles utilizing funds from FY 2017-2018 budget and authorize the Mayor to sign all related documents.
These vehicles will be purchased from Paul Miller Ford through the state contract. Due to the recent
retirements, this has been put off until later in the fiscal year. The Police Department is asking that five (5)
vehicles be purchased at this time with a 6th vehicle being purchased before the end of the fiscal year if the
budget allows. These vehicles will be purchased from Paul Miller Ford. The cost through state contract for
each vehicle will be $28,108.58. The total of these 5 vehicles will be $140,542.90. The up-fit will be
completed by L&W Emergency Equipment, through approved state contracting, will be $15,801.35. The total
for up-fit will be $79,006.75. The vehicles will be purchased through budgeted funds from account
100.43.56555 and the up-fit will be paid from account 100.43.56550.
Attachments: Estimate, Quote
Suggested Disposition: Receive and File; Approve
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10. AFG Grant Authorization
The purpose of the memo is to request the Board of Commissioners authorization to apply for the 2017
Assistance to Firefighters Grant (AFG) for the purchase of eight (8) ambulance Power Load systems in the
amount of $467,780.00 and authorize the Mayor to sign all grant related documents. The AFG grant was
developed to meet the firefighting and emergency response needs of fire departments and emergency medical
service organizations. Since 2001, AFG has provided grant funding to first responders so they are able to obtain
critically needed equipment, protective gear, emergency vehicles, training and other resources necessary in
protecting the public and their emergency personnel from fire and other related hazards. This year, the Federal
Government has provided $310 million dollars for the 2017 grant cycle. The Fire Department has sought funding
for this project for the last three grant cycles without success. There is no immediate budget impact for applying
for the grant; however, should we be awarded the grant, the grant requires a ten (10) percent match of
$46,000.00. This would require a budget amendment if awarded prior to July 2018, otherwise the funds are
anticipated being budgeted as a “Contingency” expenditure in the upcoming FY 18-19 budget cycle (Fire).
Attachments: None
Suggested Disposition: Receive and File; Approve
11. PVA Property Tax Rolls
The purpose of this memo is to request authorization to pay the Franklin County PVA Office update of the
Property Tax Rolls update for 2017 in the amount of $40,000.00 and authorize the Mayor to sign any related
documents (Finance).
Attachments: Invoice
Suggested Disposition: Receive and File; Approve
12. Certified Local Government Grant Application
Staff requests permission to submit a Certified Local Government Grant application for Historic Preservation
Educational Outreach and to authorize the Mayor to sign any related documents. The Educational Outreach will
include a brochure for citizens living in Historic Districts to describe possible funding and the importance of
Historic Preservation as well as advertisements and materials to be distributed during Historic Preservation
Month. Many of our citizens who own historic properties are unaware of the importance of their structure, how to
maintain the structure or what programs or funds are available to aide in the preservation of their property. Staff
requests to apply for CLG funding in the amount of $5,000.00 to cover the costs for the Historic Preservation
Educational Outreach. We have acquired initial quotes for the needed services to perform this outreach and
believe $5,000 will be sufficient. The federal share requested (60% of award) is $3,000.00 from the Kentucky
Heritage Council. Local match for this project (40% of the award), would be $2,000.00, based on preliminary
information– in kind services will not be sufficient to secure the services. The match will need to be funded from
the General Fund. Staff feels an Educational Outreach program for Historic Preservation in our Historic Districts
would be beneficial to our citizens. The entire project will cost an estimated $5,000. If funded, the CLG Grant will
cover 60%, or $3,000, of the project. The $2,000 match (40%) would need to be funded in the 2018-2019
Budget (Grants)
Attachments: None
Suggested Disposition: Receive and File; Approve
13. Personnel Employee Department Date Other
Retirement William Scalf Sewer 1/31/18 Sewer Director
(authorize payment of
accrued leave)
Resignation Phillip Powell Fire 1/26/18 Firefighter II
(authorize payment of
accrued leave)
Resignation Ryan Smith Fire 1/31/18 Firefighter III
(authorize payment of
accrued leave)
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Resignation Nacomis Miner Police 1/11/18 Patrol Officer 1
Reassignment Gary Muller Planning 2/6/18 Planning Director to Fire
Marshal
Appointment Matthew Hammond Sewer 1/2/18 Maintenance Tech I
Promotion David Gipson PW/Streets 12/19/17 Streets Superintendent
Promotion Jason Monroe Fire 1/23/18 Sergeant to Captain
Promotion Josh Duncan Fire 1/23/18 Firefighter II to Sergeant
Appointment Wes Clevinger Fire 2/6/18 Firefighter II
Permission to make up to six (6) conditional offers of employment for the position of Firefighter/EMT Recruit. The
request to make these conditional offers of employment is contingent upon successful completion of background,
medical, psychological, polygraph, and drug screen examinations by each candidate. These conditional offers will
take sworn staffing to 85 with the departure of the 2 Fire personnel above included.
Attachments: William Scalf retirement letter, Phillip Powell resignation letter, Nacomis Miner
resignation letter, Ryan Smith resignation letter (to be provided), memo regarding conditional offers.
Suggested Disposition: Receive and File; Approve
BOARDS
1. Board Appointments
1.1 Frankfort Electric & Water Plant Board - Appointment of Jeff Bradshaw (replacing John Cubine) expiring
9-23-19.
Attachments: Letter from the Mayor & Resume
Suggested Disposition: Receive and File; Approve
1.2 Housing Authority – Reappointment of Garnett Thurman expiring 1-29-22.
Attachments: Letter from the Mayor & Resume
Suggested Disposition: Receive and File; Approve
ACTION ITEMS
These are items where discussion is held by the City Commission. Items such as Ordinances, Orders and
Resolutions are discussed under this section of the agenda. Public comments are not allowed except as
authorized by the Mayor.
1. Second Reading
An Ordinance amending the City of Frankfort Code of Ordinances, section 37.31 relating to the employee
classification and compensation pay plan. The Ordinance had its First Reading on December 18, 2017.
Suggested Disposition: Receive and File; Adopt Ordinance
2. First Reading
An Ordinance amending section 36.197(a) of the City of Frankfort Code of Ordinances regarding terms and
appointments of the Capital Community Economic/ Industrial Development Authority (doing business as
Kentucky Capital Development Corporation).
Suggested Disposition: Receive and File; Adopt Ordinance
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3. Order
An Order providing for delegation of City Manager powers and duties when he/ she is unable to attend to them.
Suggested Disposition: Receive and File; Adopt Order
4. Resolution
A Resolution in support of allowing a resident of Owenton, Kentucky to become a member of the Housing
Authority of Frankfort.
Suggested Disposition: Receive and File; Adopt Resolution
5. Rescind vote to hire independent legal counsel for the Frankfort Plant Board taken at the December 18,
2017 Special Regular Meeting.
6. Discussion on independent legal counsel for review of the Frankfort Plant Board.
CITY COMMISSION UPDATES
ADJOURNMENT
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