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HomeMy WebLinkAbout04/29/03204 APRIL 29, 2003 At a Called Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 2:30 p.m., Tuesday, April 29, 2003, Mayor Paxton presided, and upon call of the roll by Secretary Mitzi Kirkwood, the following answered to their names: Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). PROCLAMATION FOSTER CARE MONTH The Mayor read a proclamation declaring May as Foster Care Month. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for April 8 & 15, 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). APPOINTMENTS PADUCAH GOLF COMMISSION Mayor Paxton made the following appointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Steve Kettler, Wanda Mullinax- Williams, and William B. Sturgis as members of the Paducah Golf Commission, whose terms have expired. These terms will expire March 26, 2007." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Steve Kettler, Wanda Mullinax-Williams, and William B. Sturgis as members of the Paducah Golf Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith Cand Mayor Paxton (5). PADUCAH MAIN STREET Mayor Paxton made the following appointments: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Chip Wynn as a member of the Paducah Main Street Inc. Board of Directors to replace Louis Kirchhoff, Jr., whose term has expired. This term will expire March 1, 2006; and WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Greg Menke as a member of the Paducah Main Street Inc. Board of Directors, whose term has expired. This term will expire March 1, 2006." Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton Paxton in appointing Chip Wynn and in reappointing Greg Menke as members of the Paducah Main Street Inc. Board of Directors. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). PADUCAH AREA TRANSIT AUTHORITY Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Francis Hamilton as a member of the Paducah Area Transit Authority, to replace Ro Morse, who has resigned. This term will expire June 30, 2006." Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners approve the action of Mayor Paxton in appointing Francis Hamilton as a member of the Paducah Area Transit Authority. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). 205 APRIL 29, 2003 MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: 1. Certificate(s) of Insurance: a) Louisville Paving Company, Inc. 2. Paducah Housing Authority Amended 5 Year and Annual Plan [M.O. # 1000] 3. City of Paducah Kentucky Administrative Plan For Section 8 Existing Housing [M.O. # 999] 4. City Manager Income Tax Return for 2002 5. Contracts: a) Loan Guaranty with Union Planters Bank For GPEDC [$443,751.28] [ORD. # 2003-3-6629] b) Amendment to Paducah Parks and Recreation Master Plan Contract [Ord. # 2003-4-6635] c) Contract Between City and T J Conevera For Police Department Ammunition [ORD. # 2003-3-6627] d) Contract Between City and McCracken County Humane Society, Inc. [Ord. # 2003-4-66321 e) Contract Between City and Department of Rural and Municipal Aid, Commonwealth of Kentucky For Street Resurfacing Program [ORD. # 2002-3-64881 f) Contract Between City and Meeks Electrical, Inc. For Installation of Traffic Signals [ORD. # 2003-3-6630] g) Memorandum of Understanding With Department For Local Government For Kentucky Body Armor Grant [ORD. # 2002-5-6512] 6. Notice of Cancellation of Regularly Scheduled Meeting For Board of Commissioners For April 22, 2003 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). COMMISSION CONTINGENCY APPROPRIATION, $50,000 TO RIVER HERITAGE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $50,000 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE RIVER HERITAGE MUSEUM," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton. (5) M.O. #1001; BK 5; PG _IQ 2003 FEMA FIRE SAFETY & PREVENTION GRANT Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FIREFIGHTERS MATCHING FUND GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $105,365.00, FOR FUNDING FOR FIRE FIGHTING EQUIPMENT AND ANCILLARY ITEMS FOR THE PADUCAH FIRE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). M.O. #1002; BK 5; PG 71 111 206 APRIL 29, 2003 ORDINANCES - ADOPTION AMEND DEMOLITION CONTROL ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 34, COMMUNITY PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: Revise guidelines for issuance of certificates of demolition for areas included in Sec. 34-81, Historic Areas and areas considered significant to the stabilization of historic districts designated", of the Code of Ordinances of the City of Paducah. TABLE ABOVE ORDINANCE Commissioner Montgomery offered motion, seconded by Commissioner Smith, that an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 34, COMMUNITY PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY," be tabled. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ACCEPT BID FOR GRINDING SERVICES FOR PUBLIC WORKS Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ENVIRONMENTAL WOOD RECYCLING FOR TREE AND BRUSH GRINDING AT THE CITY'S COMPOST SITE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Environmental Wood Recycling in the amount of $375.00 per hour for tree and brush grinding at the City's compost site and authorizing the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith j� and Mayor Paxton (5). ORD. #2003-4-6636; BK 29; PG i� ACCEPT BID FOR MOWER FOR ENGINEERING/FLOODWALL DIVISION Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF ONE 4WD JOHN DEERE TRACTOR WITH A WOODS BATWING MOWER, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of James Sanders Implement, Inc., in the amount of $33,595.00, for sale to the City of one 4WD John Deere Tractor Model #5520 with a Woods Batwing Mower Model #BW180, and authorizing the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. #2003-4-6637; BK 29; PG �?9 ORDINANCES - INTRODUCTION BOND ISSUE FOR CAPITAL PROJECTS Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce axe ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY APPROVING A oil' J'� LEASE FOR THE FINANCING OF A PUBLIC PROJECT IN A MAXIMUM 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 AUTHORIZING 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: _. I 207 APRIL 29, 2003 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." 1: SUMMER FOOD PROGRAM CONTRACT Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce 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 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. APPROVE RECREATIONAL TRAILS REIMBURSEMENT PROGRAM GRANT Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce 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 2002 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. WORKSHOP CITY OF PADUCAH HIGHER EDUCATION SCHOLARSHIP PROGRAM Dr. Barbara Veazey and Kay Travis of West Kentucky Community & Technical College gave a presentation to the Commission on a proposed City -funded Higher Education Program. APRIL 29, 2003 CITY MANAGER REPORT City Manager went over calendar items. COMMISSIONER CONCERNS Commissioner Coleman presented concerns regarding condemned addresses. These particular addresses will be presented to the Inspection Department. He also expressed concern regarding a disturbance and failure to respond over the April 25, 2003, weekend. cl, Commissioner Montgomery expressed concern over the partially cleared house at 13th & Park. Commissioner Smith expressed that he would like to see quicker response to complaint calls regarding these violations. EXECUTIVE SESSION Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board go into closed session for discussion of matters pertaining to the following topic(s): 1) Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). Board came back into open session. MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Guess 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 Guess, Montgomery, Smith and Mayor Paxton (4). Nays, Commissioner Coleman (1). ORDINANCES - INTRODUCTION CONTRACT WITH HUMAN RESOURCES DIRECTOR Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND Patricia A. Dudley." This ordinance is summarized as follows: Authorizing the Mayor to execute an employment agreement between the City of Paducah and Patricia A. Dudley, and setting forth the terms of employment for Patricia A. Dudley, as human Resources Director for the City of Paducah. Upon motion the meeting adjourned. ADOPTED: May �, 2003 S' .et 1: