NOTICE & AGENDA
Pursuant to Opinion of the Attorney General (OAG 20.05) issued on March 18, 2020, and further pursuant to the requirements of SB 150, the regularly scheduled McCracken County Fiscal Court Meeting on August 10, 2020, will be held by live video teleconference. The public cannot attend. This meeting can be accessed via Zoom by visiting https://us02web.zoom.us/j/82560780194?pwd=MlJjcXNPdmQxQVZKcEV5dHRQa0UzZz09 or on Comcast Channel 11. For further information, email Vicky Potts @ vpotts@mccrackencountyky.gov .
AGENDA
McCRACKEN COUNTY FISCAL COURT MEETING
AUGUST 10, 2020, 5:00 P.M.
VIA LIVE VIDEO TELECONFERENCE
CALL TO ORDER
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
I. CONSENT AGENDA
It is ordered to approve the Consent Agenda for the August 10, 2020 McCracken County Fiscal Court.
II. BUDGET TRANSFERS
It is ordered that the necessary cash transfers, in the amount of $ , be made in order to pay County bills and payroll approved August 10, 2020.
III. ACCOUNTS PAYABLE
It is ordered to approve the Voucher Claims Register from July 27, 2020 to August 10, 2020 to show County bills in the amount of $_______________ were paid.
IV. DISCUSSION (Items Generally Not Voted on Tonight)
A. Concord Fire Department – Tax Rate
Hendron Fire Department – Tax Rate
Lone Oak Fire Department – Tax Rate
B. Sheriff’s Department – Retention
V. COURT ORDERS (Not on Consent Agenda & Not Tabled at Prior Meeting)
A. It is ordered that a new 4-year Road Department Union Contract be approved.
B. It is ordered that bid openings were held at 2:05 p.m. in the McCracken County Sheriff’s Office. Said bid opening was for six 2020 Dodge Durango Pursuit AWD Vehicles. One bid was received, that being from Linwood Motors. Bid was taken under advisement.
C. It is ordered that the bid for 2020 Dodge Durango Pursuit AWD Vehicles is awarded to Linwood Motors. The amount of the bid is $27,763.00 each, for a total bid of $166,578.00 for the six vehicles.
D. It is ordered that the Judge Executive is authorized to execute the Interlocal Agreement regarding a joint application with the City for a Kentucky Division of Waste Management Hazardous Household Waste grant award. The County was previously authorized to join with the City in applying for this grant by order of March 25, 2020.
E. It is ordered that the Judge Executive is authorized to execute the County Request and Agreement for Litter Abatement Program application to apply for the annual litter abatement funds through grant funding.
F. It is ordered that $26,700.00 be paid to Barkley Regional Airport Authority, same being proceeds from Motor Vehicle Rental Tax for quarter ending June 30, 2020.
G. It is ordered to record the employee claims from June 17, 2020 to August 4, 2020 in the amount of $14,734.47 for HRA/FSA transactions.
H. It is ordered to approve the July Transient Room Tax in the amount of $203,597.84 to be disbursed as follows:
Paducah CVB ————————————————— $59,875.08
Convention Center———————————————- $40,569.77
Sports Tourism Commission——————————— $61,829.70
Escrow Fund—————————————————– $41,323.29
VI. BOARD APPOINTMENTS
A. It is ordered that Joy Cook is reappointed to the Board of Appeals – Code Enforcement to serve a term beginning September 1, 2020 and which expires on August 30, 2022, subject to further orders of the Court.
B. It is ordered that David Conley is reappointed to the Board of Appeals – Code Enforcement to serve a term beginning September 1, 2020 and which expires on August 30, 2022, subject to further orders of the Court.
C. It is ordered that Barry Miller is reappointed to the Board of Appeals – Code Enforcement to serve a term beginning August 1, 2020 and which expires on July 31, 2023, subject to further orders of the Court.
D. It is ordered that Mark Foglesong is appointed to the Board of Appeals – Code Enforcement to serve a term beginning August 1, 2020 and which expires on July 31, 2023, subject to further orders of the Court.
VII. ORDINANCES
A. It is hereby ordered that Pursuant to KRS Chapter 67, the second reading and adoption of Ordinance No. 2020-11 shall be conducted in summary format as follows:
The McCracken County Fiscal Court, at this meeting on August 10, 2020, gives second reading to the ordinance titled as follows:
AN ORDINANCE OF THE COUNTY OF McCRACKEN, KENTUCKY AUTHORIZING AND APPROVING THE ISSUANCE OF A COUNTY OF MCCRACKEN, KENTUCKY GENERAL OBLIGATION REFUNDING NOTE, SERIES 2020B IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,472,500 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE PRINCIPAL AMOUNT OF THE NOTE BY UP TO $147,500 OR DECREASING THE PRINCIPAL AMOUNT OF THE NOTE BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING THE OUTSTANDING COUNTY OF MCCRACKEN, KENTUCKY GENERAL OBLIGATION REFUNDING NOTE, SERIES 2010 MATURING ON OR AFTER JUNE 1, 2021; AUTHORIZING AND APPROVING AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF PADUCAH, KENTUCKY, THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, THE PADUCAH CONVENTION AND VISITORS BUREAU, AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION; APPROVING THE FORM OF THE NOTE; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE NOTE AND THE AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT; AUTHORIZING THE LEVY OF A DIRECT ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE COUNTY, IN ADDITION TO ALL OTHER TAXES, IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE NOTE WHEN AND AS THE SAME BECOMES DUE; PROVIDING FOR THE PAYMENT AND SECURITY OF THE NOTE; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AND REPEALING INCONSISTENT ORDINANCES.
This Ordinance authorizes the issuance of a general obligation refunding note designated as Series 2020B in the approximate principal amount of $1,472,500 (the “Note”) by the County of McCracken, Kentucky (the “County”). The Note is to be issued for the purpose of assisting the City of Paducah, Kentucky (the “City”) in the refunding the City’s outstanding General Obligation Refunding Bonds, Series 2010B (the “Prior Bonds”) maturing on or after June 1, 2021, the proceeds of which were used to refund the City’s General Obligation Bonds, Series of 2001 (Convention and Arts Center Projects), the proceeds of which were used to finance the costs of an expansion of the Julian Carroll Convention Center and to construct the Four Rivers Center for the Performing Arts (collectively, the “Project”). The Note will be issued in an aggregate principal amount equal to 50% of the aggregate principal amount of the refunding bonds to be issued by the City. The Ordinance further authorizes the execution and delivery by the County of an Amended and Restated Interlocal Cooperation Agreement (the “Interlocal Amendment”) by and among the County, the City, the Paducah-McCracken County Convention Center Corporation, the Paducah Convention and Visitors Bureau, and the McCracken County Sports Tourism Commission. Pursuant to the Ordinance and the Interlocal Agreement, certain transient room taxes to be received from the Bureau and the payments by the County under the Note will be pledged as additional security for the Bonds. Provisions are made in the Ordinance for the payment of the Note and the security therefor; for the application of the proceeds of the Note; for the establishment of a Note Payment Fund; for the maintenance of the previously established sinking fund; for certain covenants of the County with respect to the Note and for the execution of such additional instruments as shall be necessary to accomplish the plan of refunding. The Note shall mature in varying amounts on June 1st of each of the years 2021 through 2026. The Note pledges the full faith and credit of the County and provision is made for the collection of a tax to pay the principal of, and interest on the Note, subject to certain credits, as provided in the Ordinance and the Interlocal Agreement. As required by KRS 83A.060, the following Section 8 of the Ordinance is set forth in its entirety:
“Section 8. General Obligation; Maintenance of Sinking Fund. The Refunding Note shall be a full general obligation of the County and, for the payment of the Refunding Note and the interest thereon, the full faith, credit, and taxing power of the County are hereby pledged for the prompt payment thereof. During the period the Refunding Note is outstanding, there shall be and there hereby is levied on all the taxable property in the County, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the principal of and interest on the Notes when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. The 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 the years are certified, extended and collected. The 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 lawfully available funds of the County, including amounts available therefore pursuant to the Interlocal Agreement, are available for the payment of the Refunding Note and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the County shall be reduced by the amount of such other funds so available and appropriated.
Pursuant to an ordinance adopted on May 21, 2001, there has heretofore been established with the County a sinking fund (the “Sinking Fund”), which is hereby ordered to be maintained and continued as long as the Refunding Notes shall remain outstanding and unpaid. The funds derived from the tax levy hereby required or other lawfully available funds shall be placed in the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the payment of the interest on and principal of all bonds and notes issued under the General Obligation Act and Tax-Supported Leases, as defined in the General Obligation Act, when and as the same fall due. Amounts shall be transferred from the Sinking Fund to the Bonds Payment Fund at the times and in the amounts required by Section 7 hereof.”
Reference is hereby made to the full text of the Ordinance, a copy of which is on file at the offices of the Judge Executive, for a complete statement of its provisions and terms.
The undersigned Attorney at Law, licensed to practice in Kentucky, hereby certifies that the foregoing title summary of Ordinance of the County of McCracken, Kentucky, was prepared by the undersigned and constitutes a general summary of essential provisions of the Ordinance, reference to the full text of which ordinance is hereby made for a complete statement of its provisions and terms.
By: /s/ Mark S. Franklin
Dinsmore & Shohl LLP
101 South Fifth Street, Suite 2500
Louisville, Kentucky 40245
B. It is hereby Ordered that Pursuant to KRS Chapter 67, the second reading and adoption of Ordinance No. 2020-12 shall be conducted in summary format as follows:
MCCRACKEN COUNTY KENTUCKY
MCCRACKEN COUNTY FISCAL COURT
ORDINANCE NO. 2020 – 12
AN ORDINANCE APPROVING THE FORM, CONTENT AND LEGALITY OF THE AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PADUCAH, KENTUCKY; THE COUNTY OF McCRACKEN, KENTUCKY; THE PADUCAH CONVENTION AND VISITORS BUREAU, F/K/A THE PADUCAH-McCRACKEN COUNTY TOURIST AND CONVENTION COMMISSION; THE PADUCAH-McCRACKEN COUNTY CONVENTION CENTER CORPORATION; AND THE McCRACKEN COUNTY SPORTS TOURISM COMMISSION AND AUTHORIZING THE MCCRACKEN COUNTY JUDGE EXECUTIVE TO EXECUTE THE SAME
Summary: The action effectuated in the present Ordinance is authorized by Kentucky Revised Statutes, Chapter 91A and Sections 65.210 to 65.314. The present Ordinance formalizes the approval of the McCracken County Fiscal Court of an Amended and Restated Interlocal Cooperation Agreement into by and between the City of Paducah, the County of McCracken, the Paducah Convention and Visitors Bureau, f/k/a the Paducah-McCracken County Tourist and Convention Commission, the Paducah-McCracken County Convention Center Corporation, and the McCracken County Sports Tourism Commission. Further, the present Ordinance formalizes the McCracken County Fiscal Court’s authorization of the McCracken County Judge Executive to execute the Agreement on behalf of the county.
Certification: It is hereby certified by the McCracken County Fiscal Court that the present summary represents an accurate official statement of the main points of and contents of Ordinance No. 2020 – 12.
Public Inspection: A true and correct copy of Ordinance No. 2020-12 shall be made available for public inspection in its whole and complete form by the McCracken County Judge Executive’s Office. Any person desiring to inspect Ordinance No. 2020-12 shall contact the McCracken County Judge Executive’s Office via telephone at 270-444-4707 to make arrangements for the transmission or delivery of same.
C. It is hereby Ordered that Pursuant to KRS Chapter 67, the second reading and adoption of Ordinance No. 2020-13 shall be conducted in summary format as follows:
COMMONWEALTH OF KENTUCKY
MCCRACKEN FISCAL COURT
ORDINANCE NO. 2020-13
AN ORDINANCE AMENDING MCCRACKEN COUNTY ORDINANCE NO. 2020-03 BY MAKING CHANGES TO THE MCCRACKEN COUNTY ADMINISTRATIVE CODE PERTAINING TO PROVISIONS IN THE FOLLOWING AREA: CHAPTER 5 – CODES OF CONDUCT AND CHAPTER 5 – ALCOHOL AND DRUG POLICY
Summary: The present action is required and mandated by KRS 67.710 and operates to amend the McCracken County Administrative Code within Chapter 5, entitled “Policies and Procedures”, by amending the section entitled “Nepotism” and by deleting and creating a new section entitled “Drug and Alcohol Policy”. The purpose of this amendment is to provide clear notification to county employees, as well as to the citizens of McCracken County, of the requirement of all employees of the county.
Certification: It is hereby certified by the McCracken County Fiscal Court that the present summary represents an accurate official statement of the main points and contents of Ordinance No. 2020-13.
Public Inspection: A true and correct copy of Ordinance No. 2020-13 shall be made available for public inspection in its whole and complete form by the McCracken County Judge Executive’s Office. Any person desiring to inspect Ordinance No. 2020-13 shall contact the McCracken County Judge Executive’s Office via telephone at 270-444-4707 to make arrangements for the transmission or delivery of same.
D. It is hereby Ordered that Pursuant to KRS Chapter 67, the first reading of Ordinance No. 2020-14 shall be conducted in summary format as follows:
MCCRACKEN COUNTY KENTUCKY
MCCRACKEN COUNTY FISCAL COURT
ORDINANCE NO. 2020 – 14
AN ORDINANCE OF THE MCCRACKEN FISCAL COURT AUTHORIZING AND APPROVING THE ESTABLISHMENT OF THE MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, INC. AND AUTHORIZING THE EXECUTION OF LEGAL DOCUMENTS RELATED THERETO
Summary: The action effectuated in the present Ordinance is authorized by Kentucky Revised Statutes, Chapter 91A and Sections 65.210 to 65.314, as well as Local Industrial Development Authority Act, KRS 154.50-301, et seq. The present Ordinance establishes a nonprofit, nonstock corporation for the performance of public, civic and governmental purposes to act as the agent and instrumentality and the constituted authority of McCracken County, Kentucky in the acquisition, retention and development of industrial sites, parks and subdivisions and/or land and improvements thereon, including buildings, fixtures, and equipment, suitable for one or more manufacturers, industries, or commercial establishments, to meet industrial and commercial needs within the County; and authorizes the execution of legal documents related thererto by the Judge Executive on behalf of the County.
Certification: It is hereby certified by the McCracken County Fiscal Court that the present summary represents an accurate official statement of the main points of and contents of Ordinance No. 2020 – 14.
Public Inspection: A true and correct copy of Ordinance No. 2020-14 shall be made available for public inspection in its whole and complete form by the McCracken County Judge Executive’s Office. Any person desiring to inspect Ordinance No. 2020-14 shall contact the McCracken County Judge Executive’s Office via telephone at 270-444-4707 to make arrangements for the transmission or delivery of same.
VIII. RESOLUTIONS
A. It is ordered that the Designating Resolution designating the McCracken County Industrial Development Authority, Inc. as McCracken County’s industrial development authority to receive Tennessee Valley Authority (TVA) funds under the Regional Development Agency Assistance Program is hereby adopted.
IX. EXECUTIVE SESSION
X. ADJOURNMENT
