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HomeMy WebLinkAbout05/13/0391• May 13, 2003 At a Called Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 4:30 p.m., Tuesday, May 13, 2003, Mayor Paxton presided, and upon call of the roll by Tammara S. Brock, City Clerk, the following answered to their names: Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). The City Manager requested that the following items on the agenda be pulled: V(D) Motion Remove from Table Ch. 34, Demolition Control Ordinance Revision V(E) Ordinance – Adoption – Ch. 34, Demolition Control Ordinance Revision V(F) Human Resources Director Employment Agreement (This item was pulled I' due to Mrs. Dudley's request.) MOTION 7—CHOICE FOR PERSONNEL DIRECTOR Commissioner Smith offered motion, seconded by Commissioner Montgomery that the Board pursue the 2nd choice for Personnel Director if still available and go into negotiations. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). (*Note under City Manager's report that this is action is null and void.) MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for April 29, 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). MOTIONS R & F DOCUMENTS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents and bids be received and filed: 1. Certificate(s) of Insurance: a) Bogard Trucking & Excavating, Inc. b) Central Paving Co. of Paducah, Inc. C) Galloway Plumbing, Inc. 2. Sublease Agreement with McCracken Conty Farm Bureau for the "downtown Farmers Market" area authorized by Ord. #2002-5-6508 3. Paducah Water Works Financial Highlights for Month Ended February 28, 2003 4. Paducah Water Works Financial Highlights for Month Ended March 31, 2003 5. Called Meeting Notice for Board of Commissioners for April 29, 2003 6. Notice of Cancellation of Regularly Schedule Meeting for Board of Commissioners for May 6, 2003 BIDS ENGINEERING Street Resurfacing Program a) Jim Smith Contracting Company, LLC b) H & G Construction Company, INC l 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). 210 May 13, 2003 PERSONNEL CHANGES FOR FIRE DEPT. After some discussion the Board agreed by consensus to vote on each promotion individually. Commissioner Coleman 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 change for George R. Alston 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). Commissioner Coleman offered motion, seconded by Commissioner Guess, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel change for John D. Hudson on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Commissioner Coleman offered motion, seconded by Commissioner Guess, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel change for Timothy L. Jones on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Coleman, Smith and Mayor Paxton (3). Abstain, Commissioner Guess and Montgomery (2). 2003-2004 ZERO TOLERANCE DUI GRANT Commissioner Smith offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A ZERO TOLERANCE DUI GRANT FROM THE COMMONWEALTH OF KENTUCKY JUSTICE CABINET FOR EDUCATION AND ENFORCEMENT ACTIVITIES," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). M.O. 1003; BK 5; PG Ve AMEND CITY'S HEALTH INSURANCE PLAN Commissioner Coleman offered motion, seconded by Commissioner Guess, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENTS TO THE MEDICAL AND PRESCRIPTION DRUG PLAN OF THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN SUMMARY FOR FULL TIME EMPLOYEES OF THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). M.O. 1004; BK 5; PG 17 AMEND PAY/CLASSIFICATION TABLES Commissioner Guess offered motion, seconded by Commissioner Coleman, that a municipal order entitled, "A MUNICIPAL ORDER ADOPTING TABLE 2, CLASSIFICATIONS/PAY SCHEDULE, NON -CIVIL SERVICE, POLICE AND FIRE AND TABLE 3, GRADE, CLASSIFICATION AND SALARY RANGE FOR CITY OF PADUCAH EMPLOYEES" be adopted. 3 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). M.O. 1005; BK 5; PG V 211 May 13, 2003 USAGE FEE FOR NEW ELECTRICAL BOXES Commissioner Montgomery offered motion, seconded by Commissioner Smith, that a Municipal Order entitled "MUNICIPAL ORDER ESTABLISHING USAGE FEE FOR NEW ELECTRICAL BOXES," be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). M.O. 1006; BK 5; PG _-q-3 ORDINANCES - ADOPTION BOND ISSUE FOR CAPITAL PROJECTS, $3.5 MILLION Commissioner Smith offered motion, seconded by Commissioner Montgomery, the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY APPROVING A LEASE FOR THE FINANCING OF A PUBLIC PROJECT IN A MA)UMUM 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 AUTHORING 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: 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2003-5-6638; BK 29; PG SUMMER FOOD CONTRACT Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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 212 May 13, 2003 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2003-5-6639; BK 29; PG q-9 44 APPROVE RECREATIONAL TRAILS REIMBURSEMENT PROGRAM GRANT Commissioner Guess 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 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 2003 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. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Montgomery, Smith and Mayor Paxton (5). ORD. NO. 2003-5-6640; BK 29; PG The public hearing and the ordinance introduction for the City of Paducah's Municipal Aid Funds listed on the agenda were deferred until 6:00 p.m. due to advertisement for hearing stating it would begin at the specified time. Commissioner Montgomery requested a list of condemned properties with demolition date be published in newspaper and sent to each commissioner. ORDINANCE - INTRODUCTION 2003 STREET RESURFACING PROJECT Commissioner Montgomery offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY LLC, FOR THE CITY'S 2003 CALENDAR YEAR STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Jim Smith Contracting Co. LLC in the amount of $1,087,995.00 for the 2003 calendar year street resurfacing program and various hourly rates for roadway excavation and reconstruction, and authorizing the Mayor to execute a contract for same. REVISED RATES FOR REINSURANCE CONTRACT WITH SAFECO LIFE Commissioner Smith offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE RENEWAL RATES FOR SAFECO INSURANCE COMPANY AS REINSURER FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah approves the renewal rates for Safeco Insurance Company as reinsurer for the Group Health Insurance Plan for the City, effective July 1, 2003. RENEWAL RATES FOR MEDICAL & PRESCRIPTION DRUG PLAN WITH EBC, PEEL & HOLLAND AND CARE CONTINUUM Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING RENEWAL RATES WITH EMPLOYEE BENEFITS CLAIMS OF WISCONSIN (EBC) FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: City of Paducah accepts renewal rates with Employee Benefits Claims of Wisconsin (EBC) which will reflect an increase in group health insurance rates and administrative charges, effective July 1, 2003. May 13, 2003 213 AMY CIRCLE & GARDEN PATH RIGHT-OF-WAY CLOSURE Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AMY CIRCLE AND A PORTION OF GARDEN PATH". This ordinance is summarized as follows: Closing Amy Circle and a portion of Garden Path and authorizing, empowering and directing the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public way to be closed. CITY MANAGER REPORT Went over calendar items. Mr. Zumwalt mentioned the OSHA Agreement in regards to the Fire Dept. If the City agrees to sign the agreement with OSHA regarding the filing of the complaint by the firefighters then the City will pay to OSHA $100 and the fine of $18,000 will be put in the budget of the Fire Department and spent on health and safety issues of the firefighters. COMMISSIONER CONCERNS Comm. Guess thanked all of the city/county employees who participated in the golf tournament and for making it very successful. He also thanked Paxton Park for their assistance. PUBLIC COMMENTS David Casey, AFSCME President, requested the breakdown of fees for administrative costs for the City's health insurance. He also requested a meeting with the Mayor and Commissioners to discuss the stalemate of issues in negotiations. Mayor announced the opening of the public hearing. PUBLIC HEARING FOR CITY OF PADUCAH'S MUNICIPAL AID FUNDS Rick Murphy, City Engineer, discussed the resurfacing plan for 2003-2004. He identified the streets that are scheduled for resurfacing. Commissioner Montgomery inquired if the formula for the MAP funds could be changed. Janice Butler, citizen, requested that the intersection of 9t' Street and Boyd Street be taken into consideration. Mayor announced the close of the hearing. ORDINANCE — INTRODUCTION MUNICIPAL AID COOPERATIVE AGREEMENT FOR FISCAL YEAR 2003- 2004 Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE DEPARTMENT OF RURAL AND MUNICIPAL AID, COMMONWEALTH OF KENTUCKY, AND THE CITY OF PADUCAH, KENTUCKY, FOR MAINTENANCE, RECONSTRUCTION, OR CONSTRUCTION OF CITY STREETS." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract between the Department of Rural and Municipal Aid, Commonwealth of Kentucky, and the City of Paducah, Kentucky, for maintenance, reconstruction, or construction of city streets for fiscal year 2003-2004. PUBLIC COMMENTS l Janice Butler, voiced concern about the refuse area on North 80' Street. She says the odor is horrible and requested the Board see if something can be done about the smell coming from the compost. 214 May 13, 2003 Kenneth Thorn presented to the Board a petition against the noise level coming from a business called Froggy's located on 501 Louisiana Street. He says the noise from the bar has become unbearable and would like for the City to take action. Upon motion the meeting adjourned. ADOPTED: May -Qq , 2003 dom"/4" Tammara S. Brock, City Clerk Mayor Paxton