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."
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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