HomeMy WebLinkAbout07-23-13JULY 23, 2013
At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 23, 2013, at 5:30
p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler
presided, and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4). Commissioner Abraham was
absent (1).
INVOCATION
Father Uwem Enoh, St. Francis DeSales Church, gave the invocation.
PLEDGE OF ALLEGIANCE
Morgan Guess led the pledge.
Mayor Kaler recognized Jan Saxon, an employee of the Paducah Police Department for 23V2
years retired July 1, 2013. She presented Ms. Saxon with a Duchess of Paducah.
RECOGNITION OF THE OLYMPIC TRACK TEAM TRYOUT PARTICIPANTS
Allen Treece of the Oscar Cross Boys & Girls Club recognized five students who will be
competing in the AAU Junior Olympics National Championship next week in Detroit.
These students have successfully made it through the State and regional track and field
meets. The students are Aleja Grant, Jayden Freeman, Malachi Kirby, Adonzae Sains,
and LeBran McMullen. The local track and field program is a partnership between Oscar
Cross, the Paducah Track Club, and the Parks Services Department. Mayor Kaler says,
"I'm so proud of our Paducah youth and what you have accomplished." (Excerpt from the
Commission Highlights prepared by Public Information Officer Pam Spencer)
ADDITIONS/DELETIONS
Item IV( E), TeleTech Construction Overage Agreement, was added to the agenda.
MINUTES
Commissioner Gault offered motion, seconded by Commissioner Rhodes, that the
reading of the Minutes for the June 25th, July 2°d and July 9th, 2013 City Commission
meetings 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 Gault, Rhodes, Commissioner Wilson
and Mayor Kaler (4).
RESOLUTION — CITY AND COUNTY
CITY -COUNTY JOINT RESOLUTION REGARDING CLOSURE OF PADUCAH
GASEOUS DIFFUSION PLANT
Mayor Kaler offered that the following resolution be adopted, seconded by Commissioner Gault,
A RESOLUTION OF THE MCCRACKEN COUNTY FISCAL
COURT AND THE BOARD OF COMMISSIONERS OF THE CITY
OF PADUCAH
CLOSURE OF THE DEPARTMENT OF ENERGY PADUCAH
GASEOUS DIFFUSION PLANT - A CALL TO ACTION
WHEREAS: The United States Government's Department of Energy owns and
has operated for 62 years the Paducah Gaseous Diffusion Plant located in Northwest
McCracken County, near Paducah, Kentucky.
WHEREAS: Our community has unequivocally supported the operation of this
key component of our nation's energy and national security apparatus during that period,
at significant social and human sacrifice.
WHEREAS: On May 24, 2013, suddenly and without explanation the
Department of Energy made a decision resulting in the impending closure of the Paducah
Gaseous Diffusion Plant, which action by itself has dire economic and social
consequences for our community with the loss of at least 1,100 jobs.
WHEREAS: The Department of Energy has before it proposals by private
companies that would utilize assets at the plant site to create economic opportunity
immediately and over the long term, specifically the Global Laser Enrichment proposal.
WHEREAS: The community understands the Department of Energy plan (to the
extent one exists) for the site is to transition from operation to a containment state,
delaying Decontamination and Decommissioning of the site until at least 2034 — locking
the gate and watching it rust — thus letting our children and grandchildren deal with the
nuclear waste dump this action will create.
JULY 23, 2013
WHEREAS: The Department of Energy at our sister communities with
decommissioned gaseous diffusion plants — Oak Ridge, Tennessee and Portsmouth, Ohio
— has treated the local community and workforce far differently from the Department's
plan for Paducah.
WHEREAS: Our Kentucky Congressional Delegation and the Governor have
urged the Department of Energy Secretary Ernest Moniz to implement a long term
economic development and immediate cleanup plan for Paducah that preserves jobs,
addresses environmental issues, and treats our community equitably to our sister sites.
WHEREAS: The Secretary of Energy Ernest Moniz has publically testified
before Congress on June 7, 2013, that he supports the objectives proposed by the
Congressional Delegation, the Governor, and our community.
WHEREAS: Despite repeated promises from the Department of Energy, the
community sees no action to implement these recommendations but instead sees
significant effort by the Department of Energy to delay meaningful cleanup activities and
further delay decision on the proposals before it; and
WHEREAS, The Community will not accept continued inaction from the
Department of Energy or the Department's proposed abandonment of its obligations at
the site.
NOW, THEREFORE: The City Commission of Paducah and the McCracken
County Fiscal Court, together with the United Steel Workers Local 550, the Paducah
Area Chamber of Commerce, and Paducah Economic Development demand the
Department of Energy to immediately do the following:
• Act on proposals submitted in the Department's Expression of Interest
process, specifically the Global Laser Enrichment proposal for Paducah.
• Implement cleanup strategies for Paducah allowing for USEC employees to
transfer to Department of Energy contractors as they are laid off and fully
fund cleanup activities at Paducah on a continuing and equitable basis.
• Allow the community to become a full and open partner in determining the
fate of the Paducah Gaseous Diffusion Plant with the Department of Energy.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4).
APPOINTMENTS
MUNICIPAL HOUSING COMMISSION
Mayor Kaler made the following reappointment: "WHEREAS, subject to the approval of the
Board of Commissioners, I hereby reappoint John Shadle as a member of the Municipal Housing
Commission. This term will expire July 22, 2017."
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners approve the action of Mayor Kaler in reappointing John Shadle as a member of
the Municipal Housing Commission.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, 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.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4).
TRANSFER REAL PROPERTY URBAN RENEWAL
Commissioner Gault offered motion, seconded by Commissioner Wilson, that a
Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE TRANSFER
OF REAL PROPERTY LOCATED AT 505 FOUNTAIN AVENUE TO THE URBAN
RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH,
KENTUCKY," be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). MO#1732; BK 9
JULY 23, 2013
(CDBG) RECOVERY CENTER: ADOPTION OF RESIDENTIAL ANTI -
DISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AND
PROCUREMERT CODE
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a
Municipal Oder entitled, "A MUNICIPAL ORDER ADOPTING A RESIDENTIAL
ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AND
PROCUREMENT CODE FOR THE RECOVERY CENTER COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CITY OF PADUCAH,
KENTUCKY AND AUTHORIZES THE MAYOR TO EXECUTE THE PLAN
DOCUMENT," be adopted. MO#1733; BK 9
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). MO#1733; BK 9
2013/2014 KENTUCKY GOVERNOR'S HIGHWAY SAFETY PROGRAM
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE AN APPLICATION AND ALL DOCUMENTS NECESSARY FOR A
GRANT IN THE AMOUNT OF $5,000.00 THROUGH THE KENTUCKY OFFICE OF
HIGHWAY SAFETY FOR OFFICER ENFORCEMENT OVERTIME FOR THE
PADUCAH POLICE DEPARTMENT", be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). MO#1734; BK 9
TELETECH CONSTRUCTION OVERAGE AGREEMENT
Commissioner Gault offered motion, seconded by Commissioner Wilson, that a
Municipal Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY, APPROVING A CONSTRUCTION OVERAGE AGREEMENT
AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF
MCCRACKEN, KENTUCKY, G.P.E.D.C., INC., AND TELETECH SERVICES
CORPORATION, WITH RESPECT TOA PUBLIC PROJECT; AUTHORIZING THE
EXECUTION THE CONSTRUCTION OVERAGE AGREEMENT AND OTHER
DOCUMENTS RELATED THERETO," be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). MO#1735; BK 9
ORDINANCES — ADOPTION
ZONE CHANGE FOR PECAN DRIVE
Commissioner Gault offered motion, seconded by Commissioner Rhodes, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE
FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE
PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 161 PECAN COURT,
AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT
SUCH REZONING." This ordinance is summarized as follows: Rezone property
located at 161 Pecan Court from R-1, (Low Density Residential Zone) to R-4, (High
Density Residential Zone), and amending the Paducah Zoning Ordinance to effect such
rezoning.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). ORD.#2013-7-8050; BK 33
NOBLE PARK POOL ENGINEERING CHANGE ORDER #1
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
NO. 1 WITH FLORENCE & HUTCHESON FOR THE NOBLE PARK POOL
RENOVATION PROJECT". This ordinance is summarized as follows: The Mayor is
hereby authorized and directed to execute Change Order No. 1 in the amount of
$40,995.00 to pay for additional engineering services for completion of the Noble Park
Pool Renovation Project, increasing the total contract price to $184,195.00, which
includes Addendum No. 1.
JULY 23, 2013
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). ORD.#2013-7-8051; BK 33
NOBLE PARK POOL CONCESSION CHANGE ORDER #1
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
NO. 1 WITH MIDSTATES CONSTRUCTION INC, FOR THE NOBLE PARK POOL
RENOVATIONS PHASE II PROJECT". This ordinance is summarized as follows: The
Mayor is hereby authorized and directed to execute Change Order No. 1 in the amount of
$15,727.61 to remove an old asbestos hot water tank for the Noble Park Pool
Renovations Phase II Project, increasing the total contract price to $155,334.61.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). ORD.#2013-7-8052; BK 33
2013/2014 HOUSEHOLD HAZARDOUS WASTE GRANT AWARD
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board
of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
MATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE
MANAGEMENT FOR A 2013-2014 HOUSEHOLD HAZARDOUS WASTE GRANT FOR
FUNDING THE ANNUAL CITY/COUNTY CLEAN-UP DAY AND AUTHORIZING THE
MAYOR TO EXECUTE A GRANT AGREEMENT, AN INTERLOCAL AGREEMENT WITH
MCCRACKEN COUNTY, AND ALL DOCUMENTS RELATING THERETO". This
ordinance is summarized as follows: The City of Paducah hereby accepts matching grant
funds in the amount of $30,000 through the Kentucky Division of Waste Management for
a 2013-2014 Household Hazardous Waste Grant to fund disposal services and an
educational outreach program for the 2014 Annual City/County Clean -Up Day and
authorizes the Mayor to execute a grant agreement, an Interlocal Agreement with
McCracken County, and all documents relating thereto.
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor
Kaler (4). ORD.#2013-7-8053; BK 33
ORDINANCES — INTRODUCTION
MANAGEMENT AGREEMENT BETWEEN THE CITY AND JOINT SEWER
AGENCY FOR INFORMATION TECHNOLOGY SERVICES
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A MANAGEMENT AGREEMENT
BETWEEN THE CITY OF PADUCAH AND THE PADUCAH-MCCRACKEN
COUNTY JOINT SEWER AGENCY FOR INFORMATION TECHNOLOGY
SERVICES". This ordinance is summarized as follows: That the Mayor is hereby
authorized to execute Management Agreement between the City of Paducah, and the
Paducah -McCracken County Joint Sewer Agency to fund and manage Information
Technology (IT) services.
CREATE ROOF STABILIZATION PROGRAM
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING
AND APPROVING THE ROOF STABILIZATION ASSISTANCE PROGRAM AND
AUTHORIZING THE DIRECTOR OF PLANNING TO ADMINISTER THE
PROGRAM AND PROVIDE FINANCICAL ASSISTANCE TO ELIGIBLE ,
APPLICANTS FOR REPAIR OF DEFICIENT ROOFS IN THE PADUCAH
DOWNTOWN HISTORIC DISTRICT". This ordinance is summarized as follows: This
ordinance shall be known and may be cited as the "Roof Stabilization Assistance
Ordinance of the City of Paducah". It is intended to establish and facilitate roof
replacement and roof rehabilitation by property owners within the Downtown Historic
District (Map #1) to combat roof problems that endanger the general health, safety and
welfare of the inhabitants and visitors to the area within the Historic District that has
been placed on the National Registry. Property owners will be eligible to apply for
financial assistance that shall not exceed 50% of the construction costs or 50% of the
fiscal year stabilization funds. The ordinance directs the Director of Planning to
administer the program and grants authority to the Urban Renewal & Community
JULY 23, 2013
Development Agency to oversee the allocations. Further, the ordinance defines
procedures for emergency roof repairs by the City.
PURCHASE OF POLICE INTERCEPTOR VEHICLES FOR USE BY THE POLICE
DEPARTMENT
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE PURCHASE OF THREE (3) 2013 FORD POLICE INTERCEPTOR PURSUIT
VEHICLES FOR USE BY THE PADUCAH POLICE DEPARTMENT". This
ordinance is summarized as follows: That the Finance Director is authorized to pay the
total sum of $90,707.01to Crossroads Ford Lincoln, Inc., for the purchase of three (3)
ITIL,
2013 Ford Police Interceptor Vehicles for the City of Paducah's Police Department, in
compliance with Kentucky State Publishing Contract.
PURCHASE ROLLOUT CONTAINERS
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the that the
Board of Commissioners introduce an ordinance entitled, "that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
THE PURCHASE OF ROLL-OUT CONTAINERS FROM TOTER, INC., FOR THE
ENGINEERING -PUBLIC WORKS SOLID WASTE DIVISION." This ordinance is
summarized as follows: That the City of Paducah hereby authorizes the Finance Director
to make payment to Toter, Inc., for the purchase of roll-out refuse containers, lids and
fittings for the 2013-2014 fiscal year, in an amount not to exceed the City's budgeted
amount of $80,000. These containers will be used by customers within the City limits of
Paducah served by the Solid Waste Division, Engineering -Public Works Department.
This purchase is made in compliance with the Kentucky State Purchasing Contract.
CARSON CENTER CONTRACT FOR SERVICES
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER
F. CARSON FOUR RIVERS CENTER INC. FOR SPECIFIC SERVICES." This
ordinance is summarized as follows: That the Mayor is hereby authorized to execute a
contract with the Luther F. Carson Four Rivers Center Inc. in the amount of $66,685, to
provide an extensive youth performance schedule in continuing with their tradition of the
"Class Act" series. This contract shall expire June 30, 2014.
APPROVAL FOR CONSTRUCTION AGREEMENT FOR TELETECH
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING THE AIA DESIGN -BUILD
CONSTRUCTION AGREEMENT, AS AMENDED AND SUPPLEMENTED AMONG
THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN,
KENTUCKY, AND A&K CONSTRUCTION, INC., WITH RESPECT TO A PUBLIC
PROJECT; AUTHORIZING THE EXECUTION OF THE AIA DESIGN -BUILD
CONSTRUCTION AGREEMENT AND OTHER DOCUMENTS RELATED
THERETO". This ordinance is summarized as follows: This Ordinance authorizes the
City of Paducah, Kentucky (the "City") to approve an AIA Design -Build Construction
Agreement, as amended and supplemented among the City of Paducah, Kentucky, the
County of McCracken, Kentucky, and A&K Construction, Inc., (the "Agreement"), for the
furtherance of the construction and installation of a customer care center approved under the
provisions of Ordinance No. 2012-11-7986 adopted on November 13, 2012, and Municipal
Order No. 1716, adopted March 26, 2013.
CITY MANAGER REPORT
• The City Manager requested an executive session.
• Finance Director, Jon Perkins gave the following official statement recommended by the
City's bond counsel.
BOND COUNSEL OFFICIAL STATEMENT
"At the advice of our bond legal counsel, for bond compliance purposes and tax rules relating to
disposition proceeds, I need to report that the Sheehan Bridge Road property closing took place
last week. The City netted $809,094 at closing and those funds will be applied toward another
capital project at the riverfront within the next 12 months."
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JULY 23, 2013
City Engineer Rick Murphy gave the following update for the Riverfront Development
Project as reported per the Commission Highlights prepared by Pam Spencer, Paducah
Public Information Officer
"The work on the Riverfront Redevelopment Project is progressing now that
the Ohio River has fallen below 25 feet. The high water had halted the work
for a while. So far approximately 100,000 tons of rock has been placed in the
Ohio to create the breakwater land mass adjacent to Schultz Park."
COMMISSIONER COMMENTS
None were given.
PUBLIC COMMENTS
None were given.
EXECUTIVE SESSION
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board go
into closed session for discussion of matters pertaining to the following topics:
1. Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS
61.810(l(b).
2. 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(l)(g).
Adopted on call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4).
Upon motion the meeting adjourned.
ADOPTED: August 13, 2013
City Clerk
UIP