HomeMy WebLinkAbout10/11/11OCTOBER 11, 2011
At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 11, 2011, at 5:30
p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to
their names: Commissioners Abraham, Kaler, and Mayor Paxton (3). Commissioners Gault and
Watkins were absent (2). --
ADDITIONS/DELETION
There were no additions or deletions.
PRESENTATION
HONORARY MEMERSHIP TO THE FRIENDS OF THE McCRACKEN COUNTY
� PUBLIC LIBRARY
Jenny Boyarski, Advocate for the McCracken County Library, presented the Commission with
honorary membership to the McCracken County Friends of the Public Library. This group has been
has been avid supporters of the library for over 20 years. They have raised over $200,000.
911 UPDATE
E-911 Director, Jamey Spears, provided an update on the services offered by Paducah &
McCracken County Emergency and Public Safety Communication Center for residents of
McCracken County. The E911 Department is overseen by the Paducah -McCracken County
Emergency Communication Service Board. Member agencies include: Paducah Police;
McCracken County Sheriff, Paducah City Fire; Lone Oak Fire; Hendron-Freemont Fire; Reidland-
Farley Fire; Concord Fire; West McCracken Fire; Office of Emergency Management (EMS/DES);
McCracken County Animal Control; and Mercy Regional EMS. E911 also dispatches for the
McCracken County Coroner's office, McCracken County Jail and Mercy Regional Ambulance.
Current projects are the 800 MHz rebanding which began in 2005, CMRS Mapping Project, and
911 Telephone System Upgrade. E911 is being faced with the challenges of maintaining qualified
staff; a decrease in 911 surcharge due to increase of wireless usage; larger call volume; and future
requirements of integrating equipment and policy in dealing with various types of 911 calls.
PUBLIC HEARING FOR PROPERTY TAX LEVY SET FOR FY2012
Mayor Paxton opened the public hearing for the property tax levy. The hearing is held to give the
public time for comment on the tax rate. Jon Perkins, Finance Director, informed the public the real
estate property tax levy would not increase again this year. It will remain at $.25 per $100 assessed
value. The City lowered the rate in 2008 to $.25 per $100 assessed from $.0438 per $100 assessed
value.
After the public comments were called for and none were offered, Mayor Paxton closed the hearing.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that the reading of the
Minutes for the September 27th, 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, Kaler,and Mayor Paxton (3).
MOTIONS
R & F DOCUMENTS
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the following
documents be received and filed:
DOCUMENTS
1. Certificates of Insurance:
(a) CRG Residential LLC
(b) J. C. Cates Construction Inc.
(c) Central Paving Company of Paducah Inc.
(d) Ivitts Plumbing Contractors Inc.
(e) Jay -Ton Commercial Concrete Company
(f) MidStates Construction Company Inc.
2. Contracts/Agreements:
a) Golden Circle Ford for Purchase of 2011 Crown Victoria Police Interceptor Pursuit
Vehicles (2011-9-7862)
b) Aztec Flooring Inc. for Purchase and Installation of Indoor Modular Sport Flooring
at the Paducah Recreation Center (2011-9-7859)
OCTOBER 11, 2011
3. Transcript of Proceedings for $3,910,000 City of Paducah, Kentucky Taxable General
Obligation Refunding Bonds, Series 2011, (For the Purpose of Currently Refunding the
Outstanding City of Paducah, Kentucky General Obligation Taxable Public Project Bonds,
Series 2004) (2011-7-7832)
4. Paducah Water Works Financial Statements Years Ended June 30, 2011 and 2010
5. Paducah Water Financial Highlights for August, 2011
6. Notice of Cancellation of the Meeting for Tuesday, October 4, 2011 for the Board of
Commissioners of the City of Paducah
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins, and Mayor
Paxton (5).
RESOLUTION
BOND FINANCING FOR THE BENEFIT OF BAPTIST HEALTHCARE SYSTEM
Mayor Paxton offered motion, seconded by Commissioner Kaler, that the Board of Commissioners
adopt a resolution entitled, "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY, RELATING TO THE ISSUANCE BY THE KENTUCKY
ECONOMIC DEVELOPMENT FINANCE AUTHORITY OF REVENUE BONDS TO FINANCE,
AMONG OTHER THINGS, COSTS INCURRED BY BAPTIST HEALTHCARE SYSTEM, INC.,
IN CONSTRUCTING AND ACQUIRING CERTAIN HOSPITAL FACILITIES IN THE CITY,"
be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler and Mayor Paxton (3).
MUNICIPAL ORDER
PERSONNEL CHANGES
Commissioner Abraham 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, Kaler, and Mayor Paxton (3).
AMEND NAME OF TRANSFEREE FOR PROPERTY TRANSFER OF 1142 NORTH 13TH
STREET
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that a Municipal Order
entitled, "A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 1627 ENTITLED, "A
MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL PROPERTY LOCATED AT
1142 NORTH 13TH STREET TO PURCHASE AREA DEVELOPMENT DISTRICT AND
AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL DOCUMENTS RELATING
TO SAME", TO CHANGE THE NAME OF THE TRANSFEREE FROM PURCHASE AREA
DEVELOPMENT DISTRICT TO PURCHASE AREA HOUSING CORPORATION," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3).
M.O.#1629; BK 8
AMEND NAME OF TRANSFEREE FOR PROPERTY TRANSFER OF 1247 NORTH 13TH
STREET
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that a Municipal Order
entitled, "A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 1628 ENTITLED, "A
MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL PROPERTY LOCATED AT
1247 NORTH 13TH STREET TO PURCHASE AREA DEVELOPMENT DISTRICT AND
AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL DOCUMENTS RELATING
TO SAME", TO CHANGE THE NAME OF THE TRANSFEREE FROM PURCHASE AREA
DEVELOPMENT DISTRICT TO PURCHASE AREA HOUSING CORPORATION," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3).
M.O.#1630; BK 8
OCTOBER 11, 2011
ORDINANCES — ADOPTION
PROPOSED CLOSURE OF ADAMS STREET AND TWO ALLEYS FOR THE PADUCAH
MIDDLE SCHOOL SITE
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING
OF A PORTION OF ADAMS STREET AND TWO PUBLIC ALLEYS BOUNDED BY CLARK
STREET ON THE NORTH, JACKSON STREET ON THE SOUTH, SOUTH 31sT STREET ON THE
EAST, AND LONE OAK ROAD ON THE WEST, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows:
That the City of Paducah does hereby authorize the closing of a portion of Adams Street and two public
W alleys bounded by Clark Street on the North, Jackson Street on the South, South 31 st Street on the East,
and Lone Oak Road on the West, and authorizes the Mayor to execute all documents relating to same.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3). ORD.#
2011-10-7866; BK 33
PURCHASE TRUCK FOR PADUCAH POLICE DEPT.
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF
PADUCAH FORD, INC. FOR SALE TO THE CITY OF ONE 2012 FORD F550 CREW CAB
TRUCK FOR USE BY 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 Paducah Ford, Inc. in the total amount of $49,794.00, for
one 2012 Ford F550 Crew Cab Truck for use by the Paducah Police Department, and authorizes the
Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3).
ORD.#2011-10-7867; BK 33
LEASE MODIFICATION AGREEMENT WITH THE COMMONWEALTH OF
KENTUCKY FOR PROPERTY LOCATED AT 400 SOUTH 6TH STREET
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board of
- Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE A LEASE MODIFICATION AGREEMENT BETWEEN THE
COMMONWEALTH OF KENTUCKY, DEPARTMENT FOR FACILITIES MANAGEMENT, DIVISION
OF REAL PROPERTIES AND THE CITY OF PADUCAH FOR LEASE OF PROPERTY FOR THE
DEPARTMENT OF CORRECTIONS PROBATION/PAROLE LOCATED AT 400 SOUTH 6TH STREET."
This ordinance is summarized as follows: That the City of Paducah hereby approves modifications to the
lease with the Commonwealth of Kentucky for property located at 400 South 6'h Street, Paducah, Kentucky,
and authorizes the Mayor to execute the Lease Modification Agreement. The annual rental fee will be paid
quarterly at a rate of $17,902.50. Said modifications shall commence on October 1, 2011, with an expiration
date of June 30, 2012. This agreement also includes seven (7) one-year automatic extensions unless
otherwise terminated by the Commonwealth of Kentucky.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3).
ORD#2011-10-7868; BK 33
PURCHASE OF DIGITAL IN -CAR CAMERAS FOR POLICE DEPT
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE LONDON
KENTUCKY POLICE DEPARTMENT FOR THE PURCHASE OF NINE (9) L3 MOBILE
VISION FLASHBACK 2 DIGITAL VIDEO SYSTEMS TO BE USED BY THE PADUCAH
POLICE DEPARTMENT." This ordinance is summarized as follows: That the Finance Director is
hereby authorized and directed to make payment in the amount of $25,315 to the London, Kentucky
Police Department for the purchase of nine (9) L3 Mobile Vision Flashback 2 Digital Video
Systems to be used by the Paducah Police Department.
Adopted on call of the roll, yeas, Commissioners Abraham, Kaler, and Mayor Paxton (3).
ORD.#2011-10-7869; BK 33
ORDINANCES — INTRODUCTION
2011 CDBG: CENTER POINT RECOVERY CENTER AGREEMENT
Commissioner Abraham offered motion, seconded by /Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
OCTOBER 11, 2011
PADUCAH APPROVING AN AGREEMENT WITH THE KENTUCKY DEPARTMENT FOR
LOCAL GOVERNMENT TO OBTAIN A COMMUNITY DEVELOPMENT BLOCK GRANT
AWARD ON BEHALF OF THE FOUR RIVERS BEHAVIORAL HEALTH CENTER POINT
RECOVERY CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR SAME." This ordinance is summarized as follows: That the City of Paducah approves an
Agreement with the Kentucky Department for Local Government to obtain a Community Development
Block Grant Award on behalf of Four Rivers Behavioral Health Center Point Recovery Center. The City
agrees with the extension of the CDBG Award through November 30, 2014, increasing the original grant
amount from $300,000 to $531,529, and authorizes the Mayor to execute an agreement for same. No local
match is required.
REVISION TO FLOOD DAMAGE ORDINANCE PER FEMA REQUIREMENTS
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY ABOLISHING ARTICLE II, FLOOD DAMAGE PREVENTION OF
CHAPTER 50, FLOODS AND RE-CREATING ARTICLE II OF CHAPTER 50, FLOODS OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, ADOPTING THE
REVISED FLOOD INSURANCE RATE MAPS (FIRMs) AND THE FLOOD INSURANCE
STUDY (FIS), AND ADOPT THE SUMMARY OF MAP ACTIONS THAT DOCUMENT
PREVIOUS LETTER OF MAP CHANGES PREVIOUSLY APPROVED BY FEMA". This
ordinance is summarized as follows: In order to be in continued compliance with the National
Flood Insurance Program, the City of Paducah hereby adopts the following five collective items to
be officially effective as of November 2, 2011:
1. Abolish the current Article II - Flood Damage Prevention Ordinance of Chapter 50, Floods
2. Recreate Article II - Flood Damage Prevention Ordinance, Chapter 50, Floods which is in
compliance FEMA Federal and State Requirements.
3. Adopt the Revised Flood Insurance Rate Maps (FIRMs) as completed by FEMA on May 2,
2011.
4. Adopt the Revised Flood Insurance Study (FIS) as completed by FEMA on May 2, 2011.
5. Adopt the Summary of Map Actions that document previous Letter of Map Changes
(LOMCs) actions previously approved by FEMA.
The following Enforcement, Violation Notice and Penalties are hereby set out in full
as follows:
1) Civil Offense: If, at any time, development occurs which is not in accordance with the provisions of
this ordinance including obtaining or complying with the terms and conditions of a floodplain
construction permit and any approved modifications, such development shall constitute a civil
offense.
2) Notice of Violation: If, at any time, a duly authorized employee or agent of the Floodplain
Administrator has reasonable cause to believe that a person has caused development to occur which
is not in accordance with the provisions of this ordinance including obtaining or complying with the
terms and conditions of a floodplain construction permit and any approved modifications thereof, a
duly authorized employee of the Floodplain Administrator shall issue a notice to the person
responsible for the violation and/or the property owner, stating the facts of the offense or violation,
the section of this ordnance and/or of the permit violated, when it occurred, how the violation is to be
remedied to bring the development into conformity with this ordinance or with the approved permit,
and within what period of time the remedy is to occur, which period of time shall be reasonable and
shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard.
The remedy may include an order to stop work on the development. The notice shall also state that a
citation may be forthcoming in the event that the requested remedies and corrective actions are not
taken, which citation will request a civil monetary fine and shall state the maximum fine which could
be imposed in accordance with provisions of this ordinance.
3) Notice of Citation: If, at any time, a duly authorized employee or agent of the Floodplain
Administrator has reasonable cause to believe that a person has caused development to occur which
is not in accordance with the provisions of this ordinance including obtaining or complying with the
terms and conditions of a floodplain construction permit and any approved modifications thereof, a
duly authorized employee of the Floodplain Administrator may issue a citation to the offender.
stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the
development into conformity with this ordinance or with the approved permit, and within what
period of time the remedy is to occur, and what penalty or penalties are recommended. When a
citation is issued, the person to whom the citation is issued shall respond to the citation within seven
(7) days of the date the citation is issued by either carrying out the remedies and corrections set forth
in the citation, paying the civil fine set forth in the citation or requesting a hearing before the
governing body. If the person to whom the citation is issued does not respond to the citation within
OCTOBER 11, 2011
seven (7) days, that person shall be deemed to have waived the right to a hearing and the
determination that a violation occurred shall be considered final.
4) Penalties: Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection with
granting of a variance or special exceptions, shall constitute a misdemeanor civil offense. Any
person who violates this ordinance or fails to comply with any of its requirements shall, upon
conviction thereof, be fined no less than $500.00 per day or imprisoned for not more than ninety (90)
days, or both; and in addition, shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing herein contained shall prevent
the Floodplain Administrator from taking such other lawful action as is necessary to prevent or
remedy any violation.
FY2012 PROPERTY TAX LEVIES
Commissioner Abraham offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND
RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY,
SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES
FOR THE PERIOD FROM JULY 1, 2011 THROUGH JUNE 30, 2012, WITH THE PURPOSES
OF SAID TAXES HEREUNDER DEFINED." This ordinance is summarized as follows:
PURPOSE
General Fund of the City
Real Property
Personal Property
Motor Vehicles & watercraft
School Purposes
Paducah Junior College
Real Estate
Personal Property
Motor Vehicles & watercraft
RATE PER $100.00
$0.250
$0.390
$0.390
$0.018
$0.018
$0.031
The City of Paducah shall collect the following taxes for the Board of Education:
Paducah Independent School District
Real Property $0.747
Personal Property $0.747
Inventory $0.747
Total Tax Rate per $100 - real property $1.015
Total Tax Rate per $100 - personal property $1.155
Total Tax Rate per $100 — inventory $0.747
Total Tax Rate per $100 — motor vehicle & watercraft $0.421
Property taxes levied herein shall be due and payable in the following manner:
In the case of tax bills which reflect an amount due of less than Five Hundred
Dollars ($500.00), the payment shall be due on November 1, 2011, and shall be payable
without penalty and interest until November 30, 2011.
In the case of all other tax bills, payment shall be in accordance with the following
provisions:
■ The first half payment shall be due on November 1, 2011, and shall be payable
without penalty and interest until November 30, 2011.
■ The second half payment shall be due on February 1, 2012, and shall be payable
without penalty and interest until February 29, 2012.
FINAL REVISED 2010-2011 (FY2011) BUDGET ORDINANCE
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board of -
Commissioners introduce an ordinance entitled, "AN ORDINANCE RESCINDING ORDINANCE
NO. 2010-6-7700, AND ADOPTING THE CITY OF PADUCAH, KENTUCKY, REVISED -
ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH JUNE 30, 2011, BY
ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE
OCTOBER 11, 2011
OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: The City of
Paducah rescinds Ordinance
No. 2010-6-7700, that estimated revenues and resources and
appropriated funds for FY2011 and adopts a revised budget for FY2011 that reflects all adjustments
made throughout the fiscal
year and any adjustments required by the independent financial auditors.
The appropriations of City
Government for a total of $65,231,285, and summarized by fiend as
follows:
FUNDS
APPROPRIATIONS
GENERAL
$ 31,545,410
SMALL
57,125
MAP
1,504,980
INVESTMENT
4,578,645
CDBG
339,645
HOME
368,890
TELCOM
240,285
E911
1,562,195
COURT AWARDS
64,515
DEBT
2,880,270
CIP
5,957,970
BOND FUND
2,381,480
SOLID WASTE
4,540,790
CIVIC CENTER
78,575
RENTAL
112,500
RADIO DEPR
145,355
FLEET
528,445
FLEET TRUST
874,685
SELF INSURANCE
986,380
HEALTH INS
3,786,000
MAINT TRUST
20,550
PRA
437,665
AEPF/PFPF/TRSTS
2,23 8,93 0
$ 65,231,285
ENTREPADUCAH SMALL BUSINESS INCENTIVE PLAN PROGRAM
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PADUCAH, KENTUCKY AND ENTREPADUCAH FOR THE
DEVELOPMENT OF A SMALL BUSINESS INCENTIVE PLAN AND AUTHORIZING THE
MAYOR TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING." This ordinance is
summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky to approve a
Memorandum of Understanding between EntrePaducah and the City of Paducah, Kentucky for the
development of a Small Business Incentive Plan.
CITY MANAGER REPORT
• Reminder that the Neighborhood Walk for the Carson Park area will be Saturday, October
15th
• Major recognition of an award the City has won will be held at Paducah Tilghman High
School. (America's Promise Alliance 100 Best Communities for Young People)
COMMISSIONER COMMENTS
• Mayor Paxton gave comment about the unfortunate incident of embezzlement of funds by
the Paducah -McCracken Convention Center director.
• Commissioner Abraham assured the public that the City will be looking into the situation.
• Commissioner Kaler said that the City and Convention Center will work around this issue
and move on.
PUBLIC COMMENTS
0 No public comments.
OCTOBER 11, 2011
EXECUTIVE SESSION
Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board go into
closed session for discussion of matters pertaining to the following topics:
• Issues which might lead to the appointment, dismissal, or disciplining of an employee, as
permitted by KRS 61.810(1)(f).
• 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, Kaler, and Mayor Paxton (3).
Upon motion the meeting adjourned.
ADOPTED: October 25 , 2011
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