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May 13, 2003
At a Called Meeting of the Board of Commissioners, held in the Commission Chambers
at City Hall at 4:30 p.m., Tuesday, May 13, 2003, Mayor Paxton presided, and upon call
of the roll by Tammara S. Brock, City Clerk, the following answered to their names:
Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5).
The City Manager requested that the following items on the agenda be pulled:
V(D) Motion Remove from Table Ch. 34, Demolition Control Ordinance
Revision
V(E) Ordinance – Adoption – Ch. 34, Demolition Control Ordinance Revision
V(F) Human Resources Director Employment Agreement (This item was pulled
I' due to Mrs. Dudley's request.)
MOTION
7—CHOICE FOR PERSONNEL DIRECTOR
Commissioner Smith offered motion, seconded by Commissioner Montgomery that the
Board pursue the 2nd choice for Personnel Director if still available and go into
negotiations.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). (*Note under City Manager's report that this is action is null and
void.)
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
reading of the Minutes for April 29, 2003, be waived and that the Minutes of said
meeting(s) prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
following documents and bids be received and filed:
1. Certificate(s) of Insurance:
a) Bogard Trucking & Excavating, Inc.
b) Central Paving Co. of Paducah, Inc.
C) Galloway Plumbing, Inc.
2. Sublease Agreement with McCracken Conty Farm Bureau for the "downtown
Farmers Market" area authorized by Ord. #2002-5-6508
3. Paducah Water Works Financial Highlights for Month Ended February 28, 2003
4. Paducah Water Works Financial Highlights for Month Ended March 31, 2003
5. Called Meeting Notice for Board of Commissioners for April 29, 2003
6. Notice of Cancellation of Regularly Schedule Meeting for Board of
Commissioners for May 6, 2003
BIDS
ENGINEERING
Street Resurfacing Program
a) Jim Smith Contracting Company, LLC
b) H & G Construction Company, INC
l Adopted on call of the roll, Commissioners Coleman, Guess, Montgomery, Smith and
Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that upon
the recommendation of the City Manager, the Board of Commissioners of the City of
Paducah order that the personnel changes on the following list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
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May 13, 2003
PERSONNEL CHANGES FOR FIRE DEPT.
After some discussion the Board agreed by consensus to vote on each promotion
individually.
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
upon the recommendation of the City Manager, the Board of Commissioners of the City
of Paducah order that the personnel change for George R. Alston on the following list be
approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5).
Commissioner Coleman offered motion, seconded by Commissioner Guess, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of
Paducah order that the personnel change for John D. Hudson on the following list be
approved.
(SEE MUNICIPAL ORDER BOOK)
Commissioner Coleman offered motion, seconded by Commissioner Guess, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of
Paducah order that the personnel change for Timothy L. Jones on the following list be
approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Coleman, Smith and Mayor Paxton (3).
Abstain, Commissioner Guess and Montgomery (2).
2003-2004 ZERO TOLERANCE DUI GRANT
Commissioner Smith offered motion, seconded by Commissioner Montgomery, that
a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR
TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A ZERO
TOLERANCE DUI GRANT FROM THE COMMONWEALTH OF KENTUCKY
JUSTICE CABINET FOR EDUCATION AND ENFORCEMENT ACTIVITIES," be
adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). M.O. 1003; BK 5; PG Ve
AMEND CITY'S HEALTH INSURANCE PLAN
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENTS TO
THE MEDICAL AND PRESCRIPTION DRUG PLAN OF THE COMPREHENSIVE
HEALTH INSURANCE BENEFIT PLAN SUMMARY FOR FULL TIME
EMPLOYEES OF THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). M.O. 1004; BK 5; PG 17
AMEND PAY/CLASSIFICATION TABLES
Commissioner Guess offered motion, seconded by Commissioner Coleman, that a
municipal order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2,
CLASSIFICATIONS/PAY SCHEDULE, NON -CIVIL SERVICE, POLICE AND FIRE
AND TABLE 3, GRADE, CLASSIFICATION AND SALARY RANGE FOR CITY OF
PADUCAH EMPLOYEES" be adopted. 3
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). M.O. 1005; BK 5; PG V
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May 13, 2003
USAGE FEE FOR NEW ELECTRICAL BOXES
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled "MUNICIPAL ORDER ESTABLISHING USAGE FEE FOR
NEW ELECTRICAL BOXES," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). M.O. 1006; BK 5; PG _-q-3
ORDINANCES - ADOPTION
BOND ISSUE FOR CAPITAL PROJECTS, $3.5 MILLION
Commissioner Smith offered motion, seconded by Commissioner Montgomery, the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF PADUCAH, KENTUCKY APPROVING A LEASE
FOR THE FINANCING OF A PUBLIC PROJECT IN A MA)UMUM PRINCIPAL
AMOUNT NOT TO EXCEED $3,500,000; PROVIDING FOR THE PAYMENT AND
SECURITY OF THE LEASE; DIRECTING THE MAINTENANCE OF THE
HERETOFORE CREATED SINKING FUND AS SECURITY FOR THE LEASE; AND
AUTHORING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO
SUCH LEASE ". This ordinance is summarized as follows: It is hereby certified that the
foregoing ordinance provides for approval of a lease with Kentucky League of Cities
Funding Trust for financing certain public improvements and provides a general
obligation pledge to assess sufficient taxes to comply with the obligations to pay lease
payments. The full text of the section relating to the pledge to levy and assess a tax to
pay the lease obligation is:
Section 2. General Obligation Pledge. Pursuant to the Constitution of the
Commonwealth and Chapter 66 of the Kentucky Revised Statutes, as amended (the
"General Obligation Statutes"), the obligation of the Lessee created by the Lease shall be
a full general obligation of the Lessee and, for the prompt payment of the Lease
Payments, the full faith, credit and revenue of the Lessee are hereby pledged. During the
period the Lease is outstanding, there shall be and there hereby is levied on all the taxable
property in the Lessee, in addition to all other taxes, without limitation as to rate, a direct
tax annually in an amount sufficient to pay the Lease Payments on the Lease when and as
due, it being hereby found and determined that current tax rates are within all applicable
limitations. Said tax shall be and is hereby ordered computed, certified, levied and
extended upon the tax duplicate and collected by the same officers in the same manner
and at the same time that taxes for general purposes for each of said years are certified,
extended and collected. Said tax shall be placed before and in preference to all other
items and for the full amount thereof; provided, however, that in each year to the extent
that the other taxes of the Lessee are available for the payment of the Lease Payments and
are appropriated for such purpose, the amount of such direct tax upon all of the taxable
property in the Lessee shall be reduced by the amount of such other taxes so available
and appropriated.
Pursuant to Ordinance No. 2001-5-6353 adopted by the Governing Body of the
Lessee (the "2001 General Obligation Ordinance"), there has heretofore been established
a sinking fund (the "Sinking Fund"), which is hereby ordered to be continued and
maintained as long as the Lease shall remain outstanding. The funds derived from said
tax levy hereby required or other available taxes shall be placed in the Sinking Fund and,
together with interest collected on the same, are irrevocably pledged for the payment of
all bonds or obligations issued under the General Obligation Statutes and all Tax
Supported Leases, as defined in General Obligation Statutes, including the Lease herein
authorized, when and as the same fall due. Amounts shall be transferred from the
Sinking Fund to the Lessor at the times and in the amounts required by the Lease.
A complete copy of the ordinance may be reviewed at the office of the City Clerk,
City of Paducah, Kentucky.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2003-5-6638; BK 29; PG
SUMMER FOOD CONTRACT
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE CITY OF PADUCAH TO PAY TO THE PADUCAH
INDEPENDENT SCHOOL SYSTEM AN AMOUNT NOT TO EXCEED $38,700, FOR
THE SUMMER FOOD PROGRAM FOR CHILDREN'S LUNCHES." This ordinance
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May 13, 2003
is summarized as follows: That the City is hereby authorized to pay to the Paducah
Independent School System an amount not to exceed $38,700, for the Summer Food
Program for children's lunches. The City will be reimbursed for this expenditure by the
Kentucky Department of Education, Division of School and Community Nutrition.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2003-5-6639; BK 29; PG q-9 44
APPROVE RECREATIONAL TRAILS REIMBURSEMENT PROGRAM GRANT
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
MEMORANDUM OF AGREEMENT AND ALL DOCUMENTS RELATING
THERETO WITH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT
FOR A 2002 RECREATIONAL TRAILS REIMBURSEMENT GRANT". This
ordinance is summarized as follows: Authorizing and directing the Mayor to execute a
Memorandum of Agreement with the Department for Local Government for a 2003
Recreational Trails Matching Reimbursement Grant in the amount of $50,000.00 to be
used to acquire property and actual construction for the Greenway Trails Project. The
City's matching portion for this project will be in the amount of $50,000.00.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith
and Mayor Paxton (5). ORD. NO. 2003-5-6640; BK 29; PG
The public hearing and the ordinance introduction for the City of Paducah's Municipal
Aid Funds listed on the agenda were deferred until 6:00 p.m. due to advertisement for
hearing stating it would begin at the specified time.
Commissioner Montgomery requested a list of condemned properties with demolition
date be published in newspaper and sent to each commissioner.
ORDINANCE - INTRODUCTION
2003 STREET RESURFACING PROJECT
Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF JIM SMITH CONTRACTING COMPANY LLC, FOR THE CITY'S 2003
CALENDAR YEAR STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows:
Accepting the bid of Jim Smith Contracting Co. LLC in the amount of $1,087,995.00 for
the 2003 calendar year street resurfacing program and various hourly rates for roadway
excavation and reconstruction, and authorizing the Mayor to execute a contract for same.
REVISED RATES FOR REINSURANCE CONTRACT WITH SAFECO LIFE
Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
APPROVING THE RENEWAL RATES FOR SAFECO INSURANCE COMPANY AS
REINSURER FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF
PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATING TO SAME." This ordinance is summarized as follows: The City of
Paducah approves the renewal rates for Safeco Insurance Company as reinsurer for the
Group Health Insurance Plan for the City, effective July 1, 2003.
RENEWAL RATES FOR MEDICAL & PRESCRIPTION DRUG PLAN WITH
EBC, PEEL & HOLLAND AND CARE CONTINUUM
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ACCEPTING RENEWAL RATES WITH EMPLOYEE BENEFITS CLAIMS OF
WISCONSIN (EBC) FOR THE GROUP HEALTH INSURANCE PLAN FOR THE
CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows:
City of Paducah accepts renewal rates with Employee Benefits Claims of Wisconsin
(EBC) which will reflect an increase in group health insurance rates and administrative
charges, effective July 1, 2003.
May 13, 2003
213
AMY CIRCLE & GARDEN PATH RIGHT-OF-WAY CLOSURE
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
PROVIDING FOR THE CLOSING OF AMY CIRCLE AND A PORTION OF
GARDEN PATH". This ordinance is summarized as follows: Closing Amy Circle and a
portion of Garden Path and authorizing, empowering and directing the Mayor to execute
a quitclaim deed from the City to the property owners in or abutting the public way to be
closed.
CITY MANAGER REPORT
Went over calendar items. Mr. Zumwalt mentioned the OSHA Agreement in regards to
the Fire Dept. If the City agrees to sign the agreement with OSHA regarding the filing of
the complaint by the firefighters then the City will pay to OSHA $100 and the fine of
$18,000 will be put in the budget of the Fire Department and spent on health and safety
issues of the firefighters.
COMMISSIONER CONCERNS
Comm. Guess thanked all of the city/county employees who participated in the golf
tournament and for making it very successful. He also thanked Paxton Park for their
assistance.
PUBLIC COMMENTS
David Casey, AFSCME President, requested the breakdown of fees for administrative
costs for the City's health insurance. He also requested a meeting with the Mayor and
Commissioners to discuss the stalemate of issues in negotiations.
Mayor announced the opening of the public hearing.
PUBLIC HEARING FOR CITY OF PADUCAH'S MUNICIPAL AID FUNDS
Rick Murphy, City Engineer, discussed the resurfacing plan for 2003-2004. He identified
the streets that are scheduled for resurfacing. Commissioner Montgomery inquired if the
formula for the MAP funds could be changed. Janice Butler, citizen, requested that the
intersection of 9t' Street and Boyd Street be taken into consideration.
Mayor announced the close of the hearing.
ORDINANCE — INTRODUCTION
MUNICIPAL AID COOPERATIVE AGREEMENT FOR FISCAL YEAR 2003-
2004
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE
DEPARTMENT OF RURAL AND MUNICIPAL AID, COMMONWEALTH OF
KENTUCKY, AND THE CITY OF PADUCAH, KENTUCKY, FOR MAINTENANCE,
RECONSTRUCTION, OR CONSTRUCTION OF CITY STREETS." This ordinance is
summarized as follows: That the Mayor is hereby authorized to execute a contract
between the Department of Rural and Municipal Aid, Commonwealth of Kentucky, and
the City of Paducah, Kentucky, for maintenance, reconstruction, or construction of city
streets for fiscal year 2003-2004.
PUBLIC COMMENTS
l Janice Butler, voiced concern about the refuse area on North 80' Street. She says the odor
is horrible and requested the Board see if something can be done about the smell coming
from the compost.
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May 13, 2003
Kenneth Thorn presented to the Board a petition against the noise level coming from a
business called Froggy's located on 501 Louisiana Street. He says the noise from the bar
has become unbearable and would like for the City to take action.
Upon motion the meeting adjourned.
ADOPTED: May -Qq , 2003
dom"/4"
Tammara S. Brock, City Clerk
Mayor Paxton