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HomeMy WebLinkAbout11/23/04472 NOVEMBER 23, 2004 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 23, 2004, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). Commissioner Coleman was absent (1). RECOGNITION NATIONAL RECREATION & PARKS ASSOCIATION AWARD Mark Thompson, Parks Services Director, announced the City of Paducah had won the 2004 Dorothy Mullen Arts and Humanities Awards Class IV in recognition for Paducah Parks Services outstandingwork in Parks and Recreation. The won the award for the Y Parks "ARTS Reach" Program. MINUTES Commissioner Guess offered motion, seconded by Commissioner Smith, that the reading of the Minutes for November 9 and 16, 2004, be waived and that the Minutes of said meetings prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). APPOINTMENTS FOREST HILLS VILLAGE, INC., BOARD Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint George Sullivan and Brad Arterburn as members of the Forest Hills Village, Inc., Board, which terms will expire November 4, 2009." Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing George Sullivan and Brad Arterburn as members of the Forest Hills Village, Inc., Board. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). PADUCAH CABLE COMMUNICATIONS AUTHORITY Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Carney G. Allen as a member of the Paducah Cable Communications Authority. This term will expire October 15, 2008. Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Carney G. Allen as a member of the Paducah Cable Communications Authority. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). RESOLUTION SUPPORT BY CITY FOR REFINANCING OF BONDS FOR WESTERN BAPTIST HOSPITAL Mayor Paxton offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt a Resolution entitled, "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, CONSENTING TO THE ISSUANCE BY THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY OF REVENUE BONDS TO REFINANCE, AMONG OTHER THINGS, COSTS INCURRED BY BAPTIST HEALTHCARE SYSTEM, INC., IN CONSTRUCTING AND ACQUIRING CERTAIN HOSPITAL FACILITIES IN THE CITY." Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). 473 NOVEMBER 23, 2004 MOTIONS R & F DOCUMENTS & BIDS Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Harlyn Culp 2. Performance Bond for Federal Materials Company, Inc. 3. Contracts/Agreements: a Thomas Environmental for asbestos abatement in the Police Department boiler room (2004-11-6886) (b) Chester Mechanical for HVAC renovation at the Police Department (2004- 11-6885) (c) Paducah Ford for purchase of various vehicles (2004-10-6882) (d) Addendum to Agreement for Geographic Information Systems to include Paducah/McCracken County Joint Sewer Agency (2004-11-6888) Deeds: 4. Commissioner's Deeds — 525-527 North 8`h Street, 512 North 5' Street, and 533 North 5h Street. 5. Fire Insurance Classification Report from ISO 6. Financial Statement for McCracken County Health Taxing District 7. Financial Statement for Transit Authority of the City of Paducah 8. Financial Statement for Electric Plant Board of the City of Paducah Kentucky d/b/a/ Paducah Power System BIDS PUBLIC WORKS/SOLID WASTE DIVISION Front Loading Refuse Collection Chassis & Body 1. CMI Equipment Sales 2. McBride Mack ? 3. Stringfellow Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Smith 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 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). AMEND PAYROLL TABLE 2 Commissioner Guess offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIHCATIONS/PAY SCHEDULE FOR NON -CIVIL SERVICE, POLICE AND FIRE," be amended. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). M.O. #1103; BK 5; PG SET RENTAL RATES FOR CITY PARK FACILITIES Commissioner Montgomery offered motion, seconded by Commissioner Smith, that a Municipal Order entitled, "A MUNICIPAL ORDER TO SET RENTAL FEES FOR THE USE OF CERTAIN PARK FACILITIES IN CITY PARKS," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). M.O. #1104; BK 5; PG 474 NOVEMBER 23, 2004 TRANSFER OF PROPERTY FROM CITY TO URBAN RENEWAL Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER OF REAL PROPERTIES LOCATED ON NORTH 5"H STREET AND ON NORTH 8TH STREET TO THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY," be adopted. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). M.O. #1105; BK 5; PG ORDINANCES — EMERGENCY SUPPLEMENTAL BUDGET APPROPRIATION FOR INFORMATION AGE PARK Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2004-6-6827, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2004, THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: Amend the annual budget for the fiscal year beginning July 1, 2004, and ending June 30, 2005, by a supplemental appropriation in the amount of $225,000 to the General Fund. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6890; BK 30; PG APPROVE KEDFA MORTGAGE RELEASE PAYMENT FOR INFORMATION AGE PARK Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE .. AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY FOR RELEASE OF PROPERTY LIEN IN INFORMATION AGE PARK." This ordinance is summarized as follows: That the Finance Director of the City of Paducah is hereby authorized to make payment in the amount of $225,000 to Kentucky Economic Development Finance Authority for release of liens for Tracts 25, 27 and 29 in Information Age Park in Paducah/McCracken County, Kentucky. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6891; BK 30; PG ORDINANCES — ADOPTION EDUCATIONAL DEVELOPMENT REVENUE BONDS FOR PADUCAH JUNIOR COLLEGE REAL ESTATE PURCHASE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF THE CITY OF PADUCAH, KENTUCKY EDUCATIONAL DEVELOPMENT REVENUE BONDS (PADUCAH COLLEGE PROJECT), SERIES 2004, IN THE PRINCIPAL AMOUNT OF $900,000." This ordinance is summarized as follows: A. Authorizes and approves the issuance of the City of Paducah, Kentucky Educational Development Revenue Bonds (Paducah College Project) Series 2004, in the aggregate principal amount of $900,000 (the 'Bonds") for the purpose of acquiring, constructing and equipping a "building" project to be constructed on a site that has been and will continue to be used and occupied by the College as part of its existing educational facilities, and for uses incidental thereto (the 'Project") in Paducah, Kentucky. B. Authorizes and approves the execution of (1) a Loan Agreement (the "Loan Agreement"), whereby the proceeds of the Bonds will be used by Paducah Junior College, Inc., a Kentucky non-profit corporation (the "College") or leased to the West Kentucky Community and Technical College, and whereby the Bonds will be retired from 475 NOVEMBER 23, 2004 loan payments to be received from the College, and a lien against the College's facilities has been granted as security for such Bonds, as set forth in KRS 103.200 through 103.286, inclusive; (2) a Trust Indenture from the City to Union Planters Bank, Paducah, Kentucky (the "Bank"), whereby the Bonds will be secured by a foreclosable mortgage lien on the Project, including an assignment by the City to the Trustee of all rights of the City in and to the Loan Agreement; and (3) a Bond Purchase Agreement setting forth the terms of the public offering and sale of the Bonds. C. Provides that the maximum amount of Bonds which may be outstanding at any one time shall be $900,000. D. Authorizes the Mayor and other City officials to take any other necessary action, including executing the appropriate arbitrage certifications, to effect the issuance and delivery of the Bonds. E. Provides that the Bonds will not be a general obligation of the City, but will be payable solely out of the revenues and proceeds of the Project, including loan payments received under the Loan Agreement. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6892; BK 30; PG LOAN GUARANTEE FOR INFORMATION AGE PARK SPECULATIVE BUILDING Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE EXECUTION OF A FINANCING AGREEMENT WITH THE PADUCAH- McCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; AUTHORIZING THE EXECUTION OF ANY OTHER INSTRUMENTS NECESSARY TO CARRY OUT A PLAN OF REFINANCING CERTAIN OBLIGATIONS OF THE AUTHORITY AND THE COST OF FINANCING THE RENOVATION OF THE AUTHORITY'S ECONOMIC DEVELOPMENT FACILITY". This ordinance is summarized as follows: A. Authorizes the Paducah -McCracken County Industrial Development Authority (the "IDA") to proceed as an agency of the City and the County of McCracken (the "County") under a plan of financing to issue up $700,000 principal amount of its Notes (the "Notes"), for the purpose of refinancing certain outstanding debt obligations of the IDA and the Greater Paducah Economic Development Corporation ("GPEDC") [the "Refunding Program"] and in financing the renovation of the IDA's economic development facility (the "Facility") located in the Paducah Information Age Park (hereinafter the Refunding Program and the renovation of the Facility shall be collectively referred to as the "Project"). B. Authorizes the Mayor and the City Clerk to execute a Financing Agreement by and among the IDA, the County and the City and to execute all necessary documents, instruments and obligations of the City in order to aid the IDA in financing the Project. C. Sets forth the intention of the City Commission to renew the Financing Agreement and to provide appropriations specified in said Financing Agreement until all of the Notes have been retired. D. Authorizes the Mayor and the City Clerk to execute a First Amendment to Contract for Services (the "Amended Service Contract") between the City and Purchase Partnership for Progress. E. Specifically approves a Mortgage Deed of Trust from the IDA to The Paducah Bank and Trust Company, Paducah, Kentucky, and approves the execution of any supplemental or amended mortgages in connection therewith as may be deemed appropriate in order to carry out the plan of financing contemplated for the Project. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6893; BK 5; PG 476 NOVEMBER 23, 2004 CLOSURE OF A PORTION OF KENTUCKY AVENUE FROM SOUTH 27TH STREET TO SOUTH 28TH STREET Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF KENTUCKY AVENUE BETWEEN SOUTH 27TH STREET AND SOUTH 28TH STREET". This ordinance is summarized as follows: Closing a portion of Kentucky Avenue between South 27b Street and South 28h Street and authorizing, empowering and directing the Mayor to execute a quitclaim deed from the �IWn. City to the property owners in or abutting the public way to be closed. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6894; BK 5; PG PURCHASE MOWERS FOR GROUNDS MAINTENANCE 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 COMMERCIAL GRADE MOWERS FOR USE BY THE PUBLIC WORKS DEPARTMENT/ GROUNDS DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Richards' Small Engines, in the amount of $23,788.00, for sale to the City of four commercial grade mowers, for use by the Public Works Department/Grounds Division, and authorizing the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6895; BK 5; PG PURCHASE CONTAINER CARRIER & CHASSIS FOR SOLID WASTE Commissioner Guess 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 A CONTAINER CARRIER AND CHASSIS FOR USE BY THE SOLID WASTE DIVISION/PUBLIC WORKS 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 amount of $53,541.00, for sale to the City of a container carrier and chassis, 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 Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6896; BK 5; PG AUTHORIZE CONTRACT FOR HVAC UPGRADE FOR CITY HALL Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR THE PADUCAH CITY HALL HVAC IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Swift and Staley Mechanical Contractors, Inc., in the amount of $169,000.00 for the Paducah City Hall HVAC Improvement Project, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6897; BK 5; PG FUEL CONTRACT RENEWAL Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT RENEWAL WITH WAGNER WHOLESALE, L.L.C., D.B.A. SMOKE SHOP FOR THE CITY'S FUEL SUPPLY." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a contract renewal for a period of one (1) year with Wagner Wholesale, L.L.C., 477 NOVEMBER 23, 2004 D.B.A. Smoke Shop for its supply of 89 octane unleaded gasoline, premium gasoline and #2 diesel fuel at OPIS (Oil Price Information Service) price plus $.09 per gallon. Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). ORD #2004-11-6898; BK 5; PG ORDINANCES — INTRODUCTION APPROVE ENGAGEMENT AGREEMENT FOR LEGAL REPRESENTATION FOR CABLE FRANCHISE NEGOTIATION Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the __w Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN ENGAGEMENT AGREEMENT FOR LEGAL REPRESENTATION IN THE CABLE COMMUNICATIONS FRANCHISE RENEWAL PROCESS." This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an engagement agreement with Moss & Barnett, in an amount not to exceed $43,000 for legal representation in the cable communications franchise renewal process. PURCHASE FRONT LOADER REFUSE TRUCK Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF ONE FRONT 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 CMI Equipment Sales in the amount of $151,670.00, for sale to the City of one front -loading refuse collection chassis and body, and authorizes the Mayor to execute a contract for same. APPROVE CHANGE ORDER #3 FOR PADUCAH PARKS PHASE I PROJECT Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the,. Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.3 WITH WILKINS CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF PADUCAH PARKS PHASE I PROJECT." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 3 in the combined amount of $5,771.00 for the City of Paducah's Parks Phase I Project, increasing the total contract price to $824,488.00. SUPPLEMENTAL BUDGET APPROPRIATION FOR SKATEPARK DESIGN Commissioner Guess offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2004-6-6827, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2004, THROUGH JUNE 30, 2005, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This ordinance is summarized as follows: Amend the annual budget for the fiscal year beginning July 1, 2004, and ending June 30, 2005, by a supplemental appropriation in the amount of $15,000 to the General Fund. HIRE ARCHITECT FOR SKATEPARK DESIGN PROJECT 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 AN AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF A RECREATIONAL SKATEPARK." This ordinance is summarized as follows: That the Mayor of the City of Paducah is hereby authorized and directed to execute an agreement with Lose & Associates, Inc., in the amount of $15,000.00 for architectural services for the development of a recreational skatepark. ABOLISH AND RECREATE TREE ORDINANCE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE 478 NOVEMBER 23, 2004 ABOLISHING AND RECREATING CHAPTER 118, VEGETATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: The City of Paducah hereby establishes regulations and guidelines to control planting, removal, care, maintenance, protection and preservation of trees and shrubbery within the City limits. As required by KRS 83A.060(9), the following Section 118-63, Penalties, of the Ordinance is set forth in its entirety: Any person who violates any provision of this Chapter, upon being found guilty of violation, shall be guilty of a misdemeanor and shall be subject to a fine not to �j exceed two hundred dollars ($200.00) for each separate offense. Each day during which any violation of the provisions of this Chapter shall occur or continue shall be a separate offense. If, as the result of the violation of any provision 'of this Chapter or by fault in accident or vandalism, the injury, mutilation, or death of a tree is caused, the cost of repair or replacement of such tree shall be borne by the party in violation or fault. The replacement value of trees shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees Specimen Shrubs and Evergreens, as published by the International Society of Arboriculture. ESTABLISH LANDSCAPE REGULATIONS Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE CREATING SECTION 83, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby creates Section 126-83, Landscape Regulations, of Chapter 126, Zoning, of the Code of Ordinances to establish landscape regulations which will require landscaping on private property for new development. CITY MANAGER REPORT • October CPI for Health Insurance — The CPI rate for October is an increase of 3.2%. The City will increase the individual employee insurance allotment from $7,038 annually to $7,263 annually. - • Agenda for Commission Advance — was distributed • Commission Swearing -In will be held November 29`h at the Commission Advance. Public swearing in ceremony will be at the first meeting in January • Response to ISO Report — FIRE CHIEF Chief Benton reported the rating went from a 3 to 4 but the company will give the City time to make some changes to try to retain the 3 rating. He has to submit a letter to them stating the City's intentions. He believes the City can accomplish this with minor changes. The City Manager requested an Executive Session for a personnel item. PUBLIC COMMENTS Shelly Keeling wanted to know the City's intentions for development in the Southside area. EXECUTIVE SESSION Commissioner Montgomery offered motion, seconded by Commissioner Smith, 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). Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). The Board reconvened in open session. Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board would come into Open Session. _: __I I i I u i 479 NOVEMBER 23, 2004 Adopted on call of the roll, yeas, Commissioners Guess, Montgomery, Smith and Mayor Paxton (4). The Mayor announced at this time no action will be taken. Upon motion the meeting adjourned. ADOPTED: December %L% , 2004 /J City Clerk