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Home My WebLink About09/23/08SEPTEMBER 23, 2008 At a Regular Meeting of the Board of Commissioners, held on Tuesday, September 23, 2008, 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 Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ADDITIONS/DELETIONS Jon Perkins, Acting City Manager, informed that item VI(A), Approve a Right of First Refusal and Option Agreement with Agrium has been added to the agenda. PRESENTATIONS CIVIC BEAUTIFICATION BUSINESS AWARDS Flora Smith, Chairman, presented awards to businesses that have made construction or landscaping improvements to their property that has enhanced their neighborhood and improved the City. Five businesses chosen are as follows: Minter House Gallery -332 North 6th Paulette Minter owner Hotel Metropolitan -Oscar Cross Drive, Federal Materials -2424 Wayne Sullivan Drive Edward Jones -801 Wayne Sullivan Drive West Kentucky Community and Technical College -4810 Alben Barkley Drive Ms. Smith presented Honorary Membership Awards for Volunteer Service over 10 years to the following: Carolyn Roof Joanne Hank Ro Morse Eleanor Kaufinan SPOTLIGHT Pam Spencer, Public Information Officer, spotlight presentation was "Save the Truck". On September 7, 2008, Thomas (Bang) Willett's solid waste truck caught on fire at the top of his truck. Mr. Willett was able to put out the fire and call for help in time to save it. Due to his quick thinking the truck will be able to be repaired therefore saving the City over $100,000. STORM DAMAGE CLEANUP -SEPTEMBER 14, 2008 Public Works Director, Earnie Via, gave a status report on storm damage cleanup. Mr. Via had a meeting with FEMA this afternoon. They toured the area to see the damage incurred. A report of expenditures and an emergency declaration signed by the Mayor was given to them for review in Washington DC. If approved the City will receive some funding for reimbursement. Mayor Paxton recognized Jennifer Beck -Walker, Director of Purchase Area Development District office. MOTION SUSPEND RULES FOR ORDER OF BUSINESS Mayor Paxton offered motion, seconded by Commissioner Coleman, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORDINANCE — EMERGENCY APPROVE A RIGHT OF FIRST REFUSAL AND OPTION AGREEMENT WITH AGRIUM Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A RIGHT OF FIRST REFUSAL AND OPTION AGREEMENT AMONG THE CITY OF PADUCAH, KENTUCKY, AND AGRIUM U.S. INC., WITH RESPECT TO A PUBLIC PROJECT; AND AUTHORIZING THE EXECUTION OF SAME." This ordinance is summarized as follows: The City hereby approves the Right of First Refusal and Option Agreement by and among the City and Agrium and authorizes the Mayor to execute the Agreement, SEPTEMBER 23, 2008 together with such agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Agreement. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). ORD.#2008-9-7460; BK 31; PG MINUTES Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the reading of the Minutes for September 9, 2008, 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 Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). RESOLUTIONS REIMBURSEMENT OF ADVANCE CAPITAL OUTLAYS Mayor Paxton offered motion, seconded by Commissioner Coleman, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, MAKING DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). RECLASSIFICATION OF HAZARDOUS DUTY POSITIONS Mayor Paxton offered motion, seconded by Commissioner Kaler that the following resolution be adopted: WHEREAS, the City of Paducah is requesting that the KRS Board of Trustees approve hazardous duty coverage for positions in the police and fire department(s) for employees who begin participating in the County Employees Retirement System on or after September 1, 2008. NOW THEREFORE, BE IT RESOLVED, by the City of Paducah, Kentucky, as follows: (A) That effective September 1, 2008, all employees working under hazardous duty positions of the police and fire department(s) will transfer from the existing non -hazardous coverage in the County Employees Retirement System to hazardous duty coverage within the same County Employees Retirement System. (B) Contributions to be paid are as follows: 1) 29.50% of employee's gross wages to be paid by the employer (may be changed by the Board of Trustees of the Kentucky Retirement Systems). 2) 9% of employee's gross wages to be paid by the employee who has a participation date on or after September 1, 2008, (may be changed by the Kentucky General Assembly). FURTHER BE IT RESOLVED, that the City of Paducah will comply with all the statutory requirements to make the County Employees Retirement System hazardous duty coverage available for all eligible employees who are working under approved positions within the police and fire department(s). Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (5). APPOINTMENTS MUNICIPAL HOUSING COMMISSION Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Carolyn B. Wood as a member of the Municipal Housing Commission. This term will expire July 22, 2012." Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Carolyn B. Wood as a member of the Municipal Housing Commission. SEPTEMBER 23, 2008 Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). MOTIONS R & F DOCUMENTS Commissioner Smith offered motion, seconded by Commissioner Kaler, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: a) AMC Excavation LLC 2. Contracts/Agreements: a) JJR contract modification for the Ohio River Boat Launch (2008-8-7452) b) JJR contract modification for the Transient or Excursion Dock (2008-8- 7453 c) JSA Affiliate Participation Agreement for City's Benefit Program (2008- 7-7433) d) KY Body Armor Grant with Office of the Governor, KY Office of Homeland Security (2007-8-7316) (original agreement with GOLD R&F 10/23/07) 3. Deed: a) Transfer 120 & 125 Tully Street from Urban Renewal to the City (M.O. 1394) BIDS PUBLIC WORKS DEPARTMENT FIRE PUMPER TRUCK (bids located in vault - white box) 1. Pierce Manufacturing Inc. * 2. Rosenbauer Firefighting Technology 3. Ferrara Fire Apparatus Inc. 4. E -One (WSF Fire Rescue) PUBLIC WORKS DEPARTMENT HALF -TON FULL SIZE PICKUP — TWO WHEEL DRIVE 1. Linwood Chrysler Dodge Hyundia 2. Paducah Ford * Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Watkins 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, Kaler, Smith, Watkins and Mayor Paxton (5). APPROVE DUI POLICY Commissioner Coleman offered motion, seconded by Commissioner Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER ESTABLISHING A DISCIPLINE POLICY FOR THE EMPLOYEES OF THE CITY OF PADUCAH FOR DRIVING UNDER THE INFLUENCE WHILE OFF DUTY AND REPEALING MUNICIPAL ORDER NO. 977," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith and Mayor Paxton (4). Nays, Commissioner Watkins (1). M.O.#1398; BK 7; PG CREATE PART-TIME PARK RANGER POSITION Commissioner Kaler offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE SEPTEMBER 23, 2008 CLASSIFICATION/PAY SCHEDULE TABLE TO CREATE A PART-TIME POSITION WITHIN THE PARKS DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). M.O.#1399; BK 7; PG APPROVE APPLICATION FOR STATE BODY ARMOR GRANT Commissioner Smith offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN A KENTUCKY BODY ARMOR GRANT THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY, LAW ENFORCEMENT PROTECTION PROGRAM, TO BE USED BY THE PADUCAH POLICE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). M.O.#1400; BK 7; PG APPOINT MAYOR'S DESIGNEE TO MUNICIPAL HOUSING COMMISSION Commissioner Watkins offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER NAMING MAYOR'S DESIGNEE TO BOARD OF MUNICIPAL HOUSING COMMISSION," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). M.O.#1401; BK 7; PG ORDINANCES — ADOPTION PAXTON PARK GOLF COURSE FUNDING Commissioner Kaler 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 CONTRACT WITH PAXTON PARK GOLF BOARD FOR SPECIFIC SERVICES." This ordinance is summarized as follows: The City of Paducah authorizes and directs the Mayor to execute a contract with Paxton Park Golf Board in the amount of $36,000 for specific services for the Paducah area. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORD.#2008-9-7461; BK 31; PG PURCHASE REFUSE TRUCK FOR SOLID WASTE DIVISION Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF ONE REAR -LOADING REFUSE COLLECTION CHASSIS AND BODY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: The City of Paducah accepts the bid of Duckett Truck Center, Inc., in the amount of $139,391.00, for sale to the City of one rear -loading refuse collection chassis and body, for use by the Solid Waste Division/Public Works Department, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORD.#2008-9-7462; BK 31; PG PURCHASE 9 POLICE INTERCEPTOR PURSUIT VEHICLES Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PADUCAH FORD FOR SALE TO THE CITY OF 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 Paducah Ford in the total amount of $189,810.00, for 9 Police Interceptor Pursuit vehicles for use in the Paducah Police Department, and authorizes the Mayor to execute a contract for same. SEPTEMBER 23, 2008 Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORD.#2008-9-7463; BK 31; PG ACCEPTANCE OF LETTER OF CREDIT FUNDS FOR COMPLETION OF THE WESTWOOD HILLS SUBDIVISION PUBLIC IMPROVEMENTS Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, ACCEPTING DRAW UNDER IRREVOCABLE STAND-BY LETTER OF CREDIT ISSUED BY BRANCH BANKING AND TRUST COMPANY WITH RESPECT TO WESTWOOD HILLS SUBDIVISION; AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS". This ordinance is summarized as follows: By this Ordinance the City of Paducah, Kentucky, authorizes and directs the Finance Director of the City of Paducah, Kentucky, i) to accept the check issued to the City in the amount of $200,000.00, constituting the draw under Irrevocable Letter of Credit # 9580333211-00005 Branch Banking and Trust Company (BB&T), dated June 20, 2007, and amended April 18, 2008; ii) to establish a Project Account from which expenditures may be made; and iii) to authorize expenditures from this Project Account deemed necessary by the City Engineering Department to enable proper completion of crucial public roadways, storm drainage systems, and other designated public improvements within the Westwood Hills Subdivision. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORD.#2008-9-7464; BK 31; PG GPEDC PROMISSORY NOTE EXTENSION Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A PROMISSORY NOTE EXTENSION AGREEMENT AND ADDENDUM TO REAL ESTATE MORTGAGE AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, AND THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, WITH RESPECT TO A PUBLIC PROJECT; AND AUTHORIZING THE EXECUTION OF SAME." This Ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky to approve a Promissory Note Extension Agreement and Addendum to Real Estate Mortgage by and between the City of Paducah, Kentucky, the County of McCracken, Kentucky, and the Greater Paducah Economic Development Council. Pursuant to the Agreement the City and the County agree to extend the maturity date of the indebtednesses due and owing by GPEDC unto the City and County until March 1, 2009, which indebtednesses are evidences by promissory notes dated September 18, 2007 and are secured by a first real estate mortgage. The Ordinance approves the form of the Agreement presented to the Board of Commissioners of the City, with such changes therein as shall not be adverse to the City and may be approved by the Mayor and City Clerk. Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins, and Mayor Paxton (5). ORD.#2008-9-7465; BK 31; PG ORDINANCES — INTRODUCTION APPROVE NOBLE PARK RESTROOMS CHANGE ORDER #2 Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.2 WITH MODULAR CONNECTIONS, LLC, FOR AN INCREASE IN CRANE CHARGES FOR THE MODULAR RESTROOMS IN NOBLE PARK." This ordinance is summarized as follows: Authorize Mayor to execute Change Order No.2 in the amount of $317.50 with Modular Connections, LLC, for a total project cost of $97,256.50. CREATE PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY Commissioner Watkins offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE CREATION OF THE PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY OF PADUCAH". This ordinance is summarized as follows: The City of Paducah hereby authorizes, creates, and Jim.;.. --, -1. . 11�, , --- -- -- �__-1-1- . L -- --- ---- – - - SEPTEMBER 23, 2008 establishes an agency to be known by the name of the "Paducah Riverfront Development Authority" and will be comprised of seven (7) citizens as members and shall bear the title of commissioner and shall constitute, with the other commissioners, a board of commissioners of said agency. The board of commissioners of the agency is authorized to receive, and the City of Paducah, is authorized to appropriate, such amounts of money as may be necessary for the administrative purposes of the agency. The board of commissioners is also authorized to receive, and the governing board of the city is authorized to appropriate, moneys necessary to meet any contractual commitments made by the city to the agency for any project undertaken by agreement between the city and the agency. The ordinance authorizes the board to create and implement development plans for a specific area of the city and grants appropriate jurisdictional powers for same. PROPERTY TAX LEVY Commissioner Coleman 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, 2008, THROUGH JUNE 30, 2009, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED". 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 $0.672 Personal Property $0.678 Inventory $0.678 Total Tax Rate per $100 - real property $0.940 Total Tax Rate per $100 - personal property $1.086 Total Tax Rate per $100 — inventory $0.678 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 Three Hundred Fifty Dollars ($350.00), the payment shall be due on November 1, 2008, and shall be payable without penalty and interest until November 30, 2008. 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, 2008, and shall be payable without penalty and interest until November 30, 2008. ■ The second half payment shall be due on February 1, 2009, and shall be payable without penalty and interest until February 28, 2009. APPROVE PURCHASE OF A BACKHOE FOR PUBLIC WORKS Commissioner Kaler offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF A CASE BACKHOE FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance SEPTEMBER 23, 2008 Director is authorized to pay the total sum of $68,364.22 to McKeel Equipment Company for the purchase of one Case Backhoe for the City of Paducah/Public Works Department, in compliance with Kentucky State Purchasing Contract, and that the Mayor is hereby authorized to execute a contract for same. APPROVE PURCHASE OF A PICKUP TRUCK FOR PUBLIC WORKS Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PADUCAH FORD FOR SALE TO THE CITY OF ONE HALF -TON FULL SIZE PICKUP TRUCK AS PART OF THE 2009 FLEET REPLACEMENT PLAN, 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 in the total amount of $15,369.00, for one half -ton full size pickup truck as part of the 2009 fleet replacement plan, and authorizes the Mayor to execute a contract for same. APPROVE PURCHASE OF A FIRE PUMPER TRUCK FOR FIRE DEPT. Commissioner Smith offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PIERCE MANUFACTURING INC., FOR SALE TO THE CITY OF ONE FIRE PUMPER TRUCK FOR USE BY THE FIRE 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 Pierce Manufacturing Inc., in an amount not to exceed $314,211.00, for sale to the City of one fire pumper truck, for use by the Fire Department, and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT City Manager Jim Zumwalt was out of town and Mr. Perkins did not have a report. Mayor Paxton requested an executive session to discuss property for soccer complex. COMMISSIONER CONCERNS Commissioner Coleman has received complaints regarding the situation at Dudley Court. Gas lines have developed leaks and the gas has been turned off. Bill Griggs, Acting Director of Inspections, reported that the situation is under control and the gas company is repairing the leaks and it should be finished by Thursday, September 25tH EXECUTIVE SESSION Commissioner Coleman offered motion, seconded by Commissioner Kaler, that the Board go into closed session for discussion of matters pertaining to the following topics: • Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b). Adopted on call of the roll, yeas, Commissioners Coleman, Kaler, Smith, Watkins and Mayor Paxton (1). Upon motion the meeting adjourned. ADOPTED: October 14, 2008 J&Tffff" � 6"O�_ City Clerk