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Home My WebLink About01-14-2020January 14, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 14, 2020, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. Fire Chief Steve Kyle introduced new firefighter candidates: Aiden Yarbrough, Hakeem Tyler, Rodney Spillane, Joshua Guess, Seth Harrell and Michaela Gossum. CONSENTAGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the December 17, 2019 Joint Called Meeting - Board of Commissioners of City of Paducah and McCracken Fiscal Court and Approve Minutes for the December 17, 2019 Called Meeting of the Board of Commissioners of the City of Paducah I(B) Receive and File Documents Minute File: 1. Notice of Called Joint Meeting — Board of Commissioners of City of Paducah and McCracken County Fiscal Court — December 17, 2019 5:00 p.m. 2. Notice of Called Meeting — Board of Commissioners of City of Paducah — December 17, 2019 5:30 p.m. 3. Certificate of Liability Insurance — Centurion Development LLC 4. Right -of -Way Bond — Centurion Development LLC 5. Certificate of Liability Insurance — Ivitts Plumbing Contractors, Inc. Deed File: 1. Deed of Conveyance — 2028 Clay Street Irene Salemi to City of Paducah - MO #2307 Contract File: 1. Forgiveness of Debt Agreement— City of Paducah— Paducah Golf Commission— ORD ommission— ORD 2019-12-8604 2. City of Paducah — Commonwealth Economics — Downtown Riverfront TIF Project — ORD 2019-12-8607 3. Commonwealth of Kentucky — DLG Grant — Recreational Trails Program — MO #2293 4. Commonwealth of Kentucky — Kentucky office of Homeland Security Grant MO #2301 5. Agreement between Commonwealth of Kentucky Transportation Cabinet Dept. of Highways and City of Paducah — South 25th Street Project — MO #2306 6. Contract For Services — Midtown Alliance of Neighbors — MO 42308 7. Surplus Property Sale Sealed Bid Form — James Hardin — 164 Clements St. MO #2309 8. City of Paducah — Jim Smith Contracting — Resurfacing Program — One-year Renewal Agreement — ORD 2018-5-8553 9. Downtown Paducah Parking Assessment— Concepts2l —Signed by CM 10. Commonwealth of Kentucky — Contract Modification — Time Extension — Community Block Grant — MO #2014 Financials File: 1. Paducah Junior College — Year ended June 30, 2019 January 14, 2020 I(C) Appointment of Karami Underwood to the Paducah -McCracken County Senior Citizens Board to replace Charles "Chuck" Walter, who resigned. This term shall expire June 30, 2022. I(D) Appointment of Emerson Goodwin to the Barkley Airport Authority Board to replace Andras Q. Bende, whose term has expired, said term shall expire December 31, 2023; Appointment of Ashley Johnson to the Barkley Airport Authority Board to replace James Page II, whose term has expired, said term shall expire December 16, 2023; and Reappointment of Dann Patterson, said term shall expire December 12, 2023. I(E) Personnel Actions I(F) A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO DISTRIBUTE VACATION DAYS TO CERTAIN EMPLOYEES OF THE CITY OF PADUCAH AS PART OF THE ANNUAL EMPLOYEE APPRECIATION CHRISTMAS LUNCHEON CHARITY FOOD COLLECTION (MO #2310; BK 11) I(G) A MUNICIPAL ORDER ACCEPTING THE BID OF LINWOOD MOTORS FOR SALE TO THE CITY OF ONE (1)'/z TON PICKUP 4X4 SSV IN A TOTAL AMOUNT OF $34,677.96 FOR USE BY THE FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2311; BK 11) Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). ORDINANCE(S) — ADOPTIONS CHANGE ORDER #1 WITH BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS & RECREATION MASTER PLAN Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS & RECREATION MASTER PLAN." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute Change Order No. 1, in an amount of $5,000 with Bacon, Farmer and Workman Engineering & Testing, Inc. for work related to the addition of McCracken County residents in the statistically valid survey for a new total contract amount of $107,500. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD 92020-01-8610, BK 36) REPEAL AND REPLACE CHAPTER 22 — CABLE COMMUNICATIONS Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE REPEALING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHICH GOVERNS CABLE COMMUNICATIONS AND REPLACING IT IN ITS ENTIRETY." This ordinance is summarized as follows: This ordinance repeals the existing Chapter 22 of the Code of Ordinances of the City of Paducah and replaces it in its entirety. Changes include Applicable Law as a new defined term which includes any and all local law, state or federal law, statute, charter, ordinance, regulation, code, franchise, permit, judgment or decree in accordance with state and federal law. A stronger, more detailed "gross revenues" definition has been included to ensure maximum franchise fee payments to the City regarding cable service. The language in the Complimentary Services section has been revised and requires each franchise granted by the City to specify complimentary services as necessitated by recent action of the Federal Communications Commission. The Report section has been revised to allow the City to review a franchisee's books and records necessary to insure compliance with the terms of a franchise agreement; the City the right to request and review maps; and enforcement by the City if a franchisee does not comply with this section. Revisions were made to the franchise fee section January 14, 2020 to reflect a 5% franchise fee paid to the City quarterly, 45 days after the close of each calendar quarter. Revisions were also made to reflect the City's right to inspect the franchisee's records and to audit any amounts due under the franchise, the ordinance and applicable law as well as language regarding resolution of any disputes regarding audit results. The emergency alert section has been revised to comply with changes in technology and applicable law, including federal regulations and any Kentucky Emergency Management requirements. The section related to the Paducah Cable Communications Authority has been deleted in its entirety as this entity no longer meets. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8611, BK 36) ORDINANCE(S) — INTRODUCTION AMEND CHAPTER 98, ARTICLES VI AND VII OF THE CODE OF ORDINANCES PARADES AND GENERAL ASSEMBLIES COST RECOVERY PROGRAM Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce and Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 98, ARTICLES VI AND VII OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: This ordinance amends Chapter 98, Articles VI and VII of the Code of Ordinances of the City of Paducah related to Parades and General Assemblies to enact a permit fee of $100 for parade and general assembly applications.This ordinance requires parade and general assembly permittees to obtain all setup, operation, and breakdown materials and services from private businesses unless evidence is shown that applicable materials and services cannot be acquired from local businesses. If sufficient documentation is provided, the City may offer to provide materials at its disposal at a rate of 125% of the average local business pricing. However, if no business in the City of Paducah offers services and/or materials required for all setup, operation, and breakdown of the event, the City may provide materials at its disposal, as well as services offered by the City in the normal course of business, at a rate of 15% of cost to the City for said services and materials. Police off duty overtime security detail, city single -source services, utility fees and facility rentals shall be provided at a set fee. This ordinance is not applicable to City -sponsored or Co-sponsored events or events and activities conducted at Paducah's Civic Center and at reserved buildings and shelters located on City -owned public parks. The full text of each section that imposes fees shall be published in accordance with KRS 83A.060. CLOSURE OF A PORTION OF COLONIAL COURT BETWEEN 100, 104,106 AND 107 COLONIAL COURT Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL COURT BETWEEN 100, 104,106 & 107 COLONIAL COURT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of a portion of Colonial Court between 100, 104, 106 & 107 Colonial Court and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. AGREEMENT WITH PLANTE MORAN NOT TO EXCEED $90,000 TO PROVIDE TECHNICAL ASSISTANCE WITH ENERGOV CODES & PERMITTING SOFTWARE IMPLEMENTATION Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PLANTE MORAN NOT TO EXCEED $90,000 FOR TECHNICAL ASSISTANCE WITH ENERGOV CODES & PERMITTING SOFTWARE IMPLEMENTATION." This Ordinance authorizes the Mayor to execute a professional services agreement with Plante Moran in an amount not to exceed $90,000, for technical assistance with the implementation of the Energov software. AMEND CODE OF ORDINANCE SECTION 70-52 — ADD MEMBER BROOKS STADIUM COMMISSION Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce and Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 70, January 14, 2020 ARTICLE III "BROOKS STADIUM COMMISSION" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: This ordinance amends the Code of Ordinances of the City of Paducah, Kentucky to increase the total number of Brooks Stadium Commission members from nine (9) to ten (10) and to remove the voting rights of the Brooks Stadium Commission President except to cast the deciding vote in the case of a tie. CITY MANAGER COMMENTS • The City Manager reminded everyone about the Commission retreat on January 25, 2020. Information will be going out soon. COMMISSION COMMENTS Commissioner Abraham commented on recent flooding, stormwater, flood mitigation and funding for aquatics center. PUBLIC COMMENTS • Ron Ward commented on "park fees" and food trucks ADJOURN Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 6:13 p.m. ADOPTED: January 28, 2020 ATTEST: Claudia S. Meeks, Assistant City Clerk Lindsay Parish, Ci Jerk 5 W� Iffill I