HomeMy WebLinkAbout09/13/11SEPTEMBER 13, 2011
At a Regular Meeting of the Board of Commissioners, held on Tuesday, September 13, 2011, at
5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following
answered to their naives: Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5).
RECOGNITION
Charles Allen, newly elected President of the Paducah Ambassadors, introduced the officers for
2011-2012 as follows: President -Elect, Saundra Hill; Board of Directors, Bill Farr, James Scott,
and Phillis Wagner.
INTRODUCTION OF NEW POLICE OFFICERS
Police Chief Berry introduced the two new police officers: Blake Quinn and Ryan Burrow. Both
gentlemen are listed on the personnel actions for employment.
The presentation listed on the Agenda was delayed until later in the meeting.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the
Minutes for the August 23rd, 2011, meeting be waived and that the Minutes of said meeting
prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5).
APPOINTMENTS
ELECTRIC PLANT BOARD
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board
of Commissioners, I hereby appoint Adolphus Jones, Jr. as a member of the Electric Plant Board to
replace Mike Cappock, who has resigned. This term will expire February 6, 2013.
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners approve the action of Mayor Paxton in appointing Adolphus Jones, Jr. as a member
of the Electric Plant Board.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor
Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the following
documents be received and filed:
DOCUMENTS
1. Contracts/Agreements:
a.) National Quilt Museum for Specific Services (2011-8-7855)
b.) Paducah Tilghman High School -Tornado League Football (under $20,000 -no
ordinance required)
2. EntrePaducah Annual Report FY 2010-2011
3. City of Paducah Department of Finance Financial Report for May 2011
4. Paducah Water Financial Highlights for July 2011
5. Notice of Cancellation of the Meeting for Tuesday, September 6, 2011 for the Board of
Commissioners of the City of Paducah
BIDS
PARKS SERVICES
INDOOR MODULAR SPORTS FLOORING FOR PADUCAH RECREATION CENTER
1. Aztec Flooring, Inc. *
ENGINEERING -PUBLIC WORKS DEPARTMENT
CROWN VICTORIA POLICE INTERCEPTOR PURSUIT VEHICLES
1. Golden Circle Ford *
SEPTEMBER 13, 2011
PLANNING DEPARTMENT
NEW HOME CONSTRUCTION AT 1402 HARRISON
1. Crawford Contracting
2. D&D Construction *
3. Mindspring Development
4. Jim Steele Construction
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5).
MUNICIPAL ORDER
PERSONNEL CHANGES
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of Paducah order
that the personnel changes on the attached list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5).
ORDINANCES — ADOPTION
KY GOVERNOR'S HIGHWAY SAFETY PROGRAM
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE RATIFYING THE MAYOR'S
EXECUTION OF A 2011-2012 KENTUCKY GOVERNOR'S HIGHWAY SAFETY PROGRAM
REIMBURSEMENT GRANT AWARD WITH THE KENTUCKY OFFICE OF HIGHWAY
SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET." This ordinance
is summarized as follows: That the City of Paducah hereby ratifies the Mayor's execution of a
2011-2012 Kentucky Governor's Highway Safety Program Reimbursement Grant Award with the
Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, in the
amount of $45,793, for approximately 1200 hours of traffic enforcement salaries and overtime, fuel,
laser instructor and training, as well as the cost to attend state sponsored conferences and meetings.
This program will reimburse 100% of approved personnel and expenses and does not require any
local cash or in-kind match.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5). ORD.#2011-9-7856; BK 33
LEASE EXTENSION AGREEMENT — SEAMAN'S CHURCH INSTITUTE
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
APPROVING A LEASE EXTENSION AGREEMENT WITH SEAMEN'S CHURCH
INSTITUTE OF NEW YORK AND NEW JERSEY." This ordinance is summarized as follows:
The Mayor of the City of Paducah, Kentucky is hereby authorized and directed to execute a Lease
Extension Agreement with Seamen's Church Institute of New York and New Jersey which shall
have the following terms:
a) The term of the lease extension shall be for ten (10) years.
b) Seamen's Church Institute of New York and New Jersey shall pay lease
payments to the City of Paducah during the term of the lease extension period in
the amount of $3.00 per square foot per year beginning October 1, 2011. The1�.
annual rental shall be paid in monthly installments of one -twelfth (1/12) of the:_%
total annual rental due for the applicable year of the lease.
c) Such other customary terms and conditions as may be approved by the
Corporation Counsel for the City of Paducah.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, Watkins, and Mayor Paxton (4).
Abstain, Commissioner Gault (1). She abstained due to her husband's law firm being a tenant.
ORD.#2011-9-7857; BK 33
SEPTEMBER 13, 2011
AMEND PARKS AND RECREATION ORDINANCE TO REMOVE REFERENCES TO
FIREARMS BEING ALLOWED IN PARKS
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 70-5,
AND SECTION 70-94 OF CHAPTER 70, PARKS AND RECREATION OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.' This ordinance is summarized as
follows: The City of Paducah hereby amends Chapter 70, Parks and Recreation, of the Code of
Ordinances of the City of Paducah to remove references to firearms.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5). ORD.#2011-9-7858; BK 33
PRESENTATION:
SMALL BUSINESS INCENTIVE PROGRAM PROPOSAL — ENTREPADUCAH
EntrePaducah Director Terry Reeves presented a proposal for a Small Business Incentive Plan
Program. Mr. Reeves has been working with City Manager Jeff Pederson and Commissioner Gault
for the last several weeks to formulate an incentive plan for small businesses. He went over the
guidelines that will have to be met by small businesses to be eligible. Should the Commission
agree to support the program $60,000 will be allocated per year from the City's economic
development appropriations to EntrePaducah.
After discussion the Commission agreed to support the program. Official action for the program
will be scheduled to be brought before the Commission at a future meeting.
ORDINANCES — INTRODUCTION
2011 (MSU) BOND ISSUE — COUNTY $10 MILLION BOND ISSUE
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY AUTHORIZING AND APPROVING THE ISSUANCE OF A CITY
OF PADUCAH, KENTUCKY GENERAL OBLIGATION NOTE, SERIES 2011 IN AN
AGGREGATE PRINCIPAL AMOUNT EQUAL TO THAT PERCENTAGE OF THE PRINCIPAL
AMOUNT OF COUNTY OF MCCRACKEN, KENTUCKY GENERAL OBLIGATION BONDS,
SERIES 2011, WHICH, BEARING INTEREST AT THE SAME RATE OR RATES AS THE
COUNTY BONDS, RESULTS IN AGGREGATE ANNUAL PAYMENTS OF PRINCIPAL AND
INTEREST ON THE SERIES 2011 NOTE EQUALING EXACTLY $175,000 FOR EACH
FISCAL YEAR DURING THE TERM OF THE COUNTY BONDS; AUTHORIZING AND
APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY OF
MCCRACKEN, KENTUCKY; APPROVING THE FORM OF THE NOTE; AUTHORIZING
DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE NOTE AND INTERLOCAL
COOPERATION AGREEMENT; AUTHORIZING THE LEVY OF A DIRECT ANNUAL TAX
ON ALL TAXABLE PROPERTY WITHIN THE COUNTY, IN ADDITION TO ALL OTHER
TAXES, IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON
THE NOTE WHEN AND AS THE SAME BECOMES DUE; PROVIDING FOR THE PAYMENT
AND SECURITY OF THE NOTE; MAINTAINING THE HERETOFORE ESTABLISHED
SINKING FUND; AND REPEALING INCONSISTENT ORDINANCES." This Ordinance
authorizes the issuance by the City of Paducah, Kentucky (the "City") of a general obligation note designated as
Series 2011 (the "Note") to the County of McCracken, Kentucky (the "County") in an aggregate principal
amount equal to that percentage of the principal amount of the County's General Obligation Bonds, Series 2011
(the "County Bonds") which, bearing interest at the same rate or rates of interest as the County's Bonds, results
in aggregate annual payments of principal and interest on the Notes during each fiscal year of the City equaling
exactly $175,000 . The Note is to be issued to finance the City's proportionate share of the costs of financing
the acquisition, construction, installation and equipping of an educational building and associated
streets, parking lots, utilities and infrastructure (the "Project"), which Project is to be leased by the
County to Murray State University (the "University"), an agency and political subdivision of the
Commonwealth of Kentucky, in connection with the provision by the University of post -secondary
educational opportunities in the City and the County. The Ordinance further authorizes an Interlocal
Cooperation Agreement (the "Interlocal Agreement,") between the City and the County setting forth the
respective obligations of the City and the County with respect to the financing of the Project. Provisions are
made in the Ordinance for the payment of the Note and the security therefor; for the application of the proceeds
of the Note; for the maintenance of the heretofore established Sinking Fund; and for certain covenants
of the City with respect to the Note. The Note is to have a final maturity date not later than December
1, 2031 and shall bear interest, payable semi-annually on June 1 and December 1 of each year,
commencing June 1, 2012, at the same interest rates as shall be established at advertised, competitive
sale for the County's Bonds. The Note pledges the full faith and credit of the County and provision is
SEPTEMBER 13, 2011
made for the collection of a tax to pay the principal of, and interest on the Note. As required by KRS
83A.060, the following Section 8 of the Ordinance is set forth in its entirety:
"—Section 8 -- General Obligation; Maintenance of Sinking Fund. The Series 2011 Note
shall be a full general obligation of the City and, for the payment of said Series 2011 Note and the
interest thereon, the full faith, credit and revenue of the City are hereby pledged for the prompt
payment thereof. During the period the Series 2011 Note is outstanding, there shall be and there
hereby is levied on all the taxable property in the City, in addition to all other taxes, without
limitation as to rate, a direct tax annually in an amount sufficient to pay the principal of and interest
on the Series 2011 Note 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 lawfully
available funds of the City, including amounts available therefore pursuant to the Lease, are
available for the payment of the Series 2011 Note and are appropriated for such purpose, the
amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount
of such other funds so available and appropriated.
Pursuant to Ordinance No. 2001-5-6353 adopted by the City, there has heretofore been
established with the City a sinking fund (the "Sinking Fund"), which is hereby ordered to be
maintained and continued as long as the Series 2011 Note shall remain outstanding and unpaid. The
funds derived from said tax levy hereby required or other lawfully available funds shall be placed in
the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the
payment of the interest on and principal of all bonds and notes issued under the General Obligation
Act and Tax -Supported Leases, as defined in the General Obligation Act, when and as the same fall
due. Amounts shall be transferred from the Sinking Fund to the County Bonds Payment Fund at the
times and in the amounts required by Section 8 hereof."
MARGARET HANK RECREATION CENTER FLOORING BID
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF
AZTEC FLOORING, INC. FOR THE PURCHASE AND INSTALLATION OF A MODULAR
TILE SPORT COURT SYSTEM FOR THE PADUCAH PARKS SERVICES RECREATION
CENTER LOCATED AT 1527 MARTIN LUTHER KING JR. DRIVE, AND AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as
follows: The City of Paducah accepts the bid of Aztec Flooring, Inc. for the purchase and
installation of a modular tile sport court system, in the total amount of $29,787, for the Paducah
Parks Services Recreation Center located at 1527 Martin Luther King Jr. Drive, and authorizing the
Mayor to execute a contract for same.
AMEND FY 2012 BUDGET TO INCLUDE COMPOST IMPROVEMENTS AND
ADDITIONAL FLEET TRUST PURCHASES OF POLICE VEHICLES
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE
NO. 2011-6-7825, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2011, THROUGH JUNE
30, 2012, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT". This ordinance is summarized as follows:
That the annual budget for the fiscal year beginning July 1, 2011, and ending June 30, 2012, be
amended by increasing appropriations by $100,000 in the Solid Waste Fund -Compost Division and
by $894,000 in the Fleet Trust Fund.
PURCHASE OF POLICE INTERCEPTOR PURSUIT VEHICLES
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF
GOLDEN CIRCLE FORD FOR SALE TO THE CITY OF SIX (6) 2011 CROWN VICTORIA
POLICE INTERCEPTOR PURSUIT VEHICLES FOR USE IN THE PADUCAH POLICE
DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Golden
Circle Ford in the total amount of $148,836, for six (6) 2011 Crown Victoria Police Interceptor
Pursuit Vehicles, in accordance with the approved 2012 FY Fleet Plan, for use in the Paducah
Police Department, and hereby authorizes the Mayor to execute a contract for same.
SEPTEMBER 13, 2011
AWARD CONTRACT FOR CONSTRUCTION OF NEW HOME LOCATED AT 1402
HARRISON STREET
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE
PURCHASE OF RECYCLE CONTAINERS FOR THE VOLUNTEER OPERATED
RECYCLING DROP-OFF CENTER LOCATED AT 1830 NORTH 8TH STREET." This ordinance
is summarized as follows: That the City of Paducah hereby authorizes the Finance Director to pay
the amount of $38,934 to Pro -Trainer for the purchase of recycle bins to be used at the volunteer
operated recycling drop-off center located at 1830 North 81h Street.
2011-2012 KY DIVISION OF WASTE MANAGEMENT RECYCLE PROGRAM GRANT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE
RECOMMENDATION OF THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT
AGENCY TO ACCEPT THE BID OF D & D CONSTRUCTION FOR CONSTRUCTION OF A
NEW HOME AT 1402 HARRISON STREET, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City
of Paducah approves the recommendation of the Urban Renewal and Community Development
Agency to accept the bid of D&D Construction, in the amount of $135,978, for the construction of a
new home at 1402 Harrison Street, as part of the KHC/GAP Project and hereby authorizes the
Mayor to execute a contract for same.
2011 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE
EXECUTION OF AN ON-LINE GRANT AGREEMENT, AND ALL DOCUMENTS RELATING
THERETO, WITH THE U.S. DEPARTMENT OF JUSTICE FOR A 2011 EDWARD BYRNE
MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE EDWARD BYRNE
MEMORIAL JUSTICE ACT OF 2011, IN THE AMOUNT OF $23,121, TO BE USED BY THE
PADUCAH POLICE DEPARTMENT." This ordinance is summarized as follows: The City of
Paducah hereby approves the execution of an on-line grant agreement, and all documents relating
thereto, with the U. S. Department of Justice for a 2011 Edward Byrne Memorial Justice
Accountability Grant through the Edward Byrne Memorial Justice Act of 2011, in the amount of
$23,121, to be used by the Paducah Police Department to purchase a variety of necessary support
equipment. No local match is required.
CITY MANAGER REPORT
■ The City Manager has been attending the Labor Management Conference at Kentucky Dam
this week.
He is scheduled to attend ICMA in Milwaukee, Wisconsin next week
COMMISSIONER COMMENTS
None
EXECUTIVE SESSION
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board go into
closed session for discussion of matters pertaining to the following topics:
■ A specific proposal by a business entity where public discussion of the subject matter would
jeopardize the location, retention, expansion, or upgrading of a business entity, as permitted
by KRS 61.810(1)(g).
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5).
Upon motion the meeting adjourned.
ADOPTED: September 27 , 2011
City Clerk