Loading...
HomeMy WebLinkAbout01/27/09JANUARY 27, 2009 At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 27, 2009, 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 Gault, Kaler, and Mayor Paxton (3). Commissioner Abraham was late (1). Commissioner Watkins was absent (1). STORM REPORT Public Works Director Earnie Via gave a storm report. Early this morning an ice storm hit Paducah and a lot of residents are without power. Trees and tree limbs are coming down, roads are very icy and dangerous. Some City departments have lost phone service. The City is expecting more bad weather tonight. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for January 13th, January 20th -Called Meeting and January 20th, 2009, --Regular 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, Gault, Kaler, and Mayor Paxton (4). RESOLUTION FOUR RIVERS RECOVERY CENTER Mayor Paxton offered motion, seconded by Commissioner Kaler, that a Resolution entitled, "A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING SUBMITTAL OF A RENEWAL APPLICATON FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $300,000," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). APPOINTMENTS CIVIC BEAUTIFICATION BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Brandon Hall as a member of the Civic Beautification Board of Directors to replace Ann Webb who has moved. This term will expire July 1, 2010." Commissioner G4ult offered motion, seconded by Commissioner Kaler, that the Board of Commissioners approve the action of Mayor Paxton in appointing Brandon Hall as a member of the Civic Beautification Board of Directors. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). TREE ADVISORY BOARD Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Robert Dwyer as a member of the Tree Advisory Board of Directors to replace Chuck Wahl who has resigned. This term will expire July 26, 2009." Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the action of Mayor Paxton in appointing Robert Dwyer as a member of the Tree Advisory Board of Directors. Adopted on call of the roll, yeas, commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ELECTRIC PLANT BOARD Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mike Cappock as a member of the Electric Plant Board. This term will expire February 6, 2013." -1--1 L— --- - - - - -- - _. _ JANUARY 27, 2009 Commissioner Kaler offered motion, seconded by Commissioner Abraham, that the Board of Commissioners approve the action of Mayor Paxton in reappointing Mike Cappock as a member of the Electric Plant Board. Adopted on call of the roll, yeas, Commissioner Abraham, Gault, Kaler, and Mayor Paxton (4). MOTIONS R & F DOCUMENTS Commissioner Abraham offered motion, seconded by Commissioner Gault, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: a) Ray Black & Son Inc. b) Paul Duncan Construction C) B H Green & Sons Inc. d) Louisville Paving Company Inc. e) MindSpring Development LLC 2. Contracts/Agreements: a) Governor's 2009 Highway Safety Program Grant Award for the Police Department (2008-9-7456) b) Employment Agreement with Steve Kyle as Paducah's Fire Chief (2009- 1-7509) C) Mid West Terminal Contract Extension for the City's Fuel Requirements for 2009 (2008-1-7378) d) Ray Black & Son Inc. for Julian Carroll Convention Center Renovation Phase II (2009-1-7505) e) Humana Health Insurance Summary Plans for 2008 (M.O.# 1384) 3. Deed: a) Tim & Tina Phillips, 513 South 6th Street, (M.O.# 1414) 4. Purchase Area Development District, Inc. Financial Statement for Year Ended June 30, 2008 5. Ohio Casualty Group — Bond Policy Update to Include New Commissioners Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Gault offered motion, seconded by Commissioner Abraham, 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 Abraham, Gault, Kaler, and Mayor Paxton (4). BUDGET TRANSFER FOR ANALYSIS OF BUSINESS LICENSE TAX REVENUE Commissioner Kaler offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $7,500 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE BUSINESS LICENSE STUDY PROJECT ACCOUNT FOR PREPARATION OF A REPORT FOR POSSIBLE TAX RATES FOR BUSINESS LICENSE TAX ASSUMING A CHANGE TO NET INCOME BASIS," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). M.O.#1428; BK 7; PG JANUARY 27, 2009 ORDINANCE — EMERGENCY FLOODWALL FEASIBLITY STUDY AND CERTIFICATION OF LEVEE SYSTEM AGREEMENT WITH THE US ARMY CORPS OF ENGINEERS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FEASIBILITY STUDY AND CERTIFICATION OF LEVEE SYSTEM AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH; AUTHORIZING THE CITY ENGINEER TO EXECUTE THE PROJECT MANAGEMENT PLAN WITH THE U.S. ARMY CORP OF ENGINEERS; AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby approves the Floodwall Feasibility Study and Certification of Levee System Agreement between the Department of the Army and the City; authorizes the Mayor to execute the agreement for the floodwall project; authorizes the City Engineer to execute the Project Management Plan with the U. S. Army Corp of Engineers; and, authorizes the expenditures of funds for this project in an amount not to exceed $397,000. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD. 2009-1-7510; BK 32; PG ORDINANCES — INTRODUCTION APPROVE CONTRACT WITH GREG CARLTON Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH MID -AMERICA AGENCY SERVICES TO PROVIDE CONSULTING SERVICES REGARDING THE CITY OF PADUCAH'S HEALTH INSURANCE". This ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a contract with Mid-America Agency Services in the amount of $60,000 for consulting services on issues pertaining to the administration of the City of Paducah's health insurance for 2009. An additional fee of $150 per hour, subject to a minimum retainer of $3,000.00 will be charged for services requested by the City or the City's legal counsel. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7511; BK 32; PG FLOODWALL FINANCING WITH KLC Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY APPROVING A LEASE FOR THE FINANCING OF A PUBLIC PROJECT IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $2,800,000; PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASE; DIRECTING THE MAINTENANCE OF THE HERETOFORE CREATED SINKING FUND AS SECURITY FOR THE LEASE; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE." This ordinance is summarized as follows: The foregoing ordinance provides for approval of a lease with the 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 JANUARY 27, 2009 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 so long as the Lease remains 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 issued under KRS Chapter 66 and Tax Supported Leases, as defined in KRS Chapter 66, including the Lease, 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. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7512; BK 32; PG APPROVE CHANGE ORDER NO.1 WITH JAY'S ELECTRIC FOR TRAFFIC SIGNAL INSTALLATION Commissioner Kaler offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH JAY'S ELECTRIC INC., FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF PECAN DRIVE, VILLAGE SQUARE DRIVE AND JAMES - SANDERS BOULEVARD". This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 1 with Jay's Electric Inc., to increase the Contract Time for the installation of the traffic poles to one hundred and twenty (120) consecutive calendar days. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7513; BK 32; PG APPROVE APPLICATION FOR KY OFFICE OF HOMELAND SECURITY BODY ARMOR GRANT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF HOMELAND SECURITY FOR A LAW ENFORCEMENT PROTECTION PROGRAM GRANT AWARD." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Grant Agreement and all documents relating thereto with the Kentucky Office of Homeland Security to obtain a Law Enforcement Protection Program Grant Award in the amount of $6,048 for assistance with purchasing body armor vests to be used by the Paducah Police Department. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7514; BK 32; PG AMEND 911 INTERLOCAL AGREEMENT WITH McCRACKEN COUNTY Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH AMENDMENTS INCORPORATED BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, JANUARY 27, 2009 FOR 911 EMERGENCY COMMUNICATIONS SERVICES." This ordinance is summarized as follows: That the Mayor is authorized to execute an Interlocal Cooperation Agreement with Amendments Incorporated between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, for 911 Emergency Communications Service. The amendment provides for the appointment of the McCracken County Coroner to serve on the Paducah -McCracken County Emergency Communication Service Board as a result of the removal of the Lone Oak Police Chief due to the dissolution of the City of Lone Oak. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7515; BK 32; PG AMEND PURCHASE PRICE FOR SUBCOMPACT VEHICLES Commissioner Gault offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2008-12-7479 ENTITLED, `AN ORDINANCE ACCEPTING THE BID OF PADUCAH FORD FOR SALE TO THE CITY OF FIVE SUBCOMPACT VEHICLES FOR USE IN VARIOUS DEPARTMENTS, 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 $68,000.00 $84,920.00, for five (5) 2009 subcompact vehicles for use in various departments, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, and Mayor Paxton (4). ORD.#2009-1-7516; BK 32; PG ORDINANCES — INTRODUCTION CONTRACT FOR ANALYSIS OF BUSINESS LICENSE TAX REVENUE Commissioner Kaler offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH MARTIN, COLSON, HALE, AND HENDERSON, IN AN AMOUNT NOT TO EXCEED $7,500 TO PREPARE A REPORT ON THE RANGE OF POSSIBLE TAX RATES EXPECTED FOR BUSINESS LICENSE TAX ASSUMING A CHANGE TO NET INCOME BASIS AND THE SIGNIFICANT ASSOCIATED ASSUMPTIONS FOR THE CITY OF PADUCAH". This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a Contract with Martin, Colson, Hale, and Henderson, in an amount not to exceed $7,500 to prepare a report on the range of possible tax rates expected for business license tax assuming a change to net income basis and the significant associated assumptions for the City of Paducah. BROOKS STADIUM FENCE REPLACEMENT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF MORRIS FENCE INC., FOR THE PURCHASE OF FENCING FOR BROOKS STADIUM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of Paducah accepts the bid of Morris Fence Inc., in the amount of $20,401.00 for the purchase of entry fencing for Brooks Stadium, and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT ❖ Calendar Items ❖ February 10th Commission Meeting may be cancelled due to Kentucky League of Cities' Cities Night Event in Frankfort Upon motion the meeting adjourned. ADOPTED: February 24, 2009 lawrywz&A City Clerk