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Home My WebLink AboutCCMPacket2020-08-25CITY COMMISSION MEETING AGENDA FOR AUGUST 25, 2020 5:30 PM VIDEO AND/OR AUDIO TELECONFERENCE MEETING Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and return to the City Clerk’s Office no later than 3:30 p.m. on the day of the Commission Meeting. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for July 28, August 11 & August 12, 2020 B.Receive & File Documents C.Appointment of Heather Pierce to the Commissioners of Water Works D.Reappointment of Bob Wade to the Paducah Planning Commission E.Reappointment of Terrance D. Adams, Patrick White, and Zachary Hosman to the Paducah Area Transit System Board F.Reappointment of Allan Rhodes, Jr., and Carol Gault to the Code Enforcement Board G.Reappointment of Eri Gjergji to the Board of Adjustment H.Appointment of Laura Oswald and Craig Beavers to the Main Street Board I.Personnel Actions J.Accept Donation of Property - 612 S. 21st Street - G CHERRY K.Application for CARES Act Funding for COVID-19 Relief through the Department of Local Government in the amount of $1,786,875 - T WILSON L.Approve purchase of One (1) Rear Packer Refuse Collection Truck for use by Public Works Refuse Department in the amount of $169,249 - C YARBER M.Accept proposed premiums from the Kentucky League of Cities for Workers’ Compensation, Liability Insurance and Property Insurance Coverage. Total cost of all premiums is $1,222,548.49 - S SUAZO N.Acceptance of a Community Development Block Grant in the amount of $200,000 on behalf of Four Rivers Behavioral Health's CenterPoint Recovery Center - T WILSON II. ORDINANCE(S) - EMERGENCY A.Approve Flood Pump Station #2 Rehabilitation Construction Rebid Award in an amount of $4,500,000 - R MURPHY III. ORDINANCE(S) - ADOPTION A. Approve the Rezoning of 2.96 acres at 401 Walter Jetton Blvd - T TRACY IV. ORDINANCE(S) - INTRODUCTION A.Amend Code of Ordinances Section 26-31 and Section 26-34 related to Oak Grove Cemetery - L PARISH V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION July 28, 2020 Due to concerns related to technical difficulties at the meeting held on July 28, 2020, the City Commission chose to re-do this meeting in its entirety on August 11, 2020. Though it was determined that the July 28, 2020 meeting of the Board of Commissioners complied with Open Meetings laws and SB150, the City chose to re-do the July 28th meeting in an effort to go above and beyond to exemplify transparency. Since this was a regular meeting of the Board of Commissioners which was open for public viewing and virtual participation, the minutes were adopted by the Board at the August 25, 2020 City Commission Meeting as the permanent record of the meeting. At a Regular Meeting of the Board of Commissioners, held on Tuesday, July 28, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Watkins, Wilson and Mayor Harless (4). Commissioner McElroy experience technical difficulties at the beginning of the meeting causing the video to appear, however no audio was available to hear her response to the call of the roll. Commissioner McElroy was able to regain audio access during the discussion related to the Wellness Center Due Diligence Proposal. In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video teleconferencing. The public was invited to view the meeting on YouTube at https://www.youtube.com/user/paducahkygov or on the government access channel Government 11 (Comcast channel 11). Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner Watkins led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. MOTION TO SUSPEND RULES OF ORDER Mayor Harless offered motion, seconded by Commissioner Wilson, that the rules for conducting City Commission Meetings be Suspended insofar as they are in conflict with the printed agenda for this meeting in order to move item II(A) Wellness Center Due Diligence Proposal Discussion, item III(A) Municipal Order for the Lose Agreement Suspension to the beginning of the meeting and item V(E) City Block Development Agreement to directly after the Consent Agenda. Otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioner Abraham, Watkins, Wilson and Mayor Harless (4). Commissioner McElroy was not able to access audio to vote on this motion. DISCUSSION WELLNESS CENTER DUE DILIGENCE PROPOSAL DISCUSSION. Commissioner Abraham led a discussion on the need to due a clean pause on the Lose Agreement Suspension without spending further money on the project. July 28, 2020 (Commissioner McElroy was able to regain both audio and video. She noted that she had been able to hear everything that had gone on thus far in the meeting.) RESCIND AMENDMENT TO MUNICIPAL ORDER FOR LOSE & ASSOCIATES Commissioner Abraham offered motion, seconded by Commissioner Watkins, that the Board of Commissioners rescind the amendment to the Municipal Order entitled, “A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021 AND FURTHER DIRECTING THE CITY MANAGER TO CONTINUE DUE DILIGENCE RELATED TO THE PROJECT,” as adopted at the last Commission Meeting so that the Commission may vote on the original Municipal Order to continue the Suspension of the Lose & Associates, Inc. Agreement without additional due diligence wording. Failed on call of the roll, nays, Commissioner McElroy, Wilson, and Mayor Harless. Yeas, Commissioner Abraham and Watkins (2). MUNICIPAL ORDER ADOPT MUNICIPAL ORDER AS AMENDED FOR L SE AGREEMENT SUSPENSION AND FURTHER DUE DILIGENCE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners amend the Municipal Order entitled, “A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021,” to add language directing the City Manager to continue due diligence related to the project. Due diligence should include the following: 1. The creation of a conceptual build-out for perspective tenants. 2. The creation of community focus groups for the project with an emphasis on inclusion and programming. 3. Research on financial assistance and facility naming rights. 4. Research on facility costs with an emphasis on understanding the impact of COVID-19 on the project Pro Forma. Expenditures related to the above referenced due diligence shall be done within the limits of the City’s Small Purchase Plan and within the City Manager’s procurement restrictions unless otherwise authorized by the Board of Commissioners. WELLNESS CENTER PUBLIC COMMENTS Once this item was on the table, the Commission allowed for public comments related to the Wellness Center. Victoria Terra and Mary Byrne offered comments in support of the Wellness Center. Yvonne Gray and Scott Burnett had signed up to speak, but they were no longer logged into the virtual teleconference at the time of public comments. July 28, 2020 Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3), nays Commissioners Abraham and Watkins (2) (See August 11, 2020 Meeting Minutes for Adoption Information) CONSENT AGENDA 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 July 14, 2020 Meetings of the Board of Commissioners of the City of Paducah I(B) Personnel Actions I(C) Receive & File Documents: Minute File: 1. Petitions to Stop the Indoor Recreation and Aquatic Center Deed File: 1. Deed of Conveyance – McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) (ORD 2020-07-8642; BK 36) Contract File: 1. Amendment To and Assumption of Lease Agreement – McCracken County and City of Paducah and KSR Legacy Investment Corp. (ORD 2020-05-8637; BK 36 – Exhibit “A”) 2. Memorandum of Lease and Memorandum of Assignment and Assumption – Genova Products, Inc. to KSR Legacy Investment Corp, et al – ORD 2020-05-8637; BK 36) Exhibit “B” 3. Assignment and Loan Assumption Agreement – Genova Products, KSR Legacy Investment Corp., McCracken County, Kentucky and Paducah, Kentucky – (ORD 2020-05-8637; BK 36) Exhibit “C” 4. Security Agreement – KSR Legacy Investment Corp., McCracken County, Kentucky, and City of Paducah, Kentucky – (ORD 2020-05-8637; BK 36) – Exhibit “D” 5. Settlement Statement and Loan Closing Documents - McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) ORD 2020-07-8642; BK 36 6. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah City Clerk’s Office – MO #2334; BK 11 7. Declaration of Trust and Trust Participation Agreement For the Kentucky League of Cities Workers’ Compensation Trust – MO #2354; BK 11 8. Trust Participation Agreement For the Kentucky League of Cities Insurance Services General Insurance Trust – MO #2355; BK 11 9. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah Police Department – MO #2358; BK 11 July 28, 2020 10. Contract For Services – West Kentucky Community & Technical College and PJC for operation of the Public and Governmental Access Channels – MO #2360; BK 11 I(D) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR A COPS HIRING PROGRAM (CHP) GRANT AWARD IN AN AMOUNT OF $375,000 FOR THE HIRING OF THREE NEW SCHOOL RESOURCE OFFICERS AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME. (See August 11, 2020 Meeting Minutes for Adoption Information) Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) (See August 11, 2020 Meeting Minutes for Adoption Information) ORDINANCE INTRODUCTION APPROVE A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME.” This Ordinance authorizes the Mayor to execute a Development Agreement with Weyland Ventures Development, LLC, for a City Block Boutique Hotel, Parking, Open Space, and Mixed-Use Residential Building located at the City Block bounded by Second Street, Broadway, North Water Street and Jefferson Street and authorizes the associated property transfer to Weyland Ventures Development. CITY BLOCK DEVELOPMENT PRESENTATION Public Information Officer, Pam Spencer, offered the following summary of the presentation: “City Block Development Agreement (vote August 11) The Paducah Board of Commissioners introduced an ordinance to approve a development agreement between the City and Weyland Ventures Development, LLC for the City Block project. This project includes the development of a hotel, parking, open space, and mixed-use residential buildings located on the 2.88-acre city-owned block bounded by Second Street, Broadway, North Water Street, and July 28, 2020 Jefferson Street. Bill Weyland and Barry Alberts with Weyland Ventures provided an overview of the company and its various projects including several projects completed in Louisville, Kentucky, and Dayton, Ohio. Alberts stated that Weyland Ventures likes Paducah and would like to do more projects after investing $21 million in the City Block project. In April 2019, the City and Weyland entered into a pre-development agreement for each party to undertake various site due diligence for the project including numerous stakeholder meetings, market and financial analysis, project development and design, environmental review and geotechnical analysis, and parking analysis. Under this development agreement, the project is divided into two construction phases. The city- owned block is divided into three tracts with Weyland purchasing the two smaller tracts (Tract 1 and Tract 3). The middle tract (Tract 2) is the largest which will remain under city ownership for parking and open space. The first phase includes Weyland purchasing Tract 1 for $141,000 for the construction of a 4 ½ story boutique hotel, with the final site plan showing 84 rooms, along Jefferson Street. Weyland will invest a minimum of $12 million in the hotel. The City will review the design of the hotel to ensure the design fits the fabric of the historic downtown. Also, during this first phase, Weyland will provide improvements to Tract 2 (the middle tract) to create green space, open space, and parking with the final site plan depicting 172 parking spaces. At this time, this parking lot offers 213 spaces. The City will retain ownership of Tract 2 and will reimburse Weyland for the development expenses. The second phase of this development is the construction of two mixed-use commercial and residential buildings along Broadway on Tract 3. Weyland will purchase Tract 3 for $155,000 and will invest a minimum of $9 million into this phase. Phase 2 could include approximately 18,000 square feet in commercial space with up to 48 upper-story residential units.” CITY BLOCK DEVELOPMENT PUBLIC COMMENTS Dujuan Thomas and George Bray offered comments opposing the project. Victoria Terra, Michael Ter ra, Mary B yrne, Ruth Baggett and Todd Blume offered comments supporting the project. Yvonne Gray had signed up to speak on the City Block Development, but was no longer logged into the virtual teleconference at the time of public comments. MOTION TO TABLE TABLE “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Commissioner Watkins offered motion, seconded by Commissioner Abraham, that the Board of Commissioners table the ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME.” July 28, 2020 Failed on call of the roll, yeas, Commissioners Abraham and Watkins (2) and Nays, Commissioner McElroy, Wilson and Mayor Harless (3). At this point, Commissioner McElroy left the meeting. ORDINANCE(S) – ADOPTION REZONING OF 5802 COMMERCE DRIVE Mayor Harless offered motion, seconded by Commissioner Wilson, 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 5802 COMMERCE DRIVE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO M-1 (LIGHT INDUSTRIAL ZONE)” This Ordinance is summarized as follows: Rezone property located at 5802 Commerce Drive, from R-1 (Low Density Residential) Zone to M-1 (Light Industrial) Zone classification, and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) CHANGE ORDER FOR THE JIM SMITH CONTRACTING, LLC, 2018-2019 RESURFACING PROGRAM Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC, IN ORDER TO EXTEND THE CONTRACT AND INCLUDE THE CONTRACT PRICING FOR PAVEMENT MARKINGS.” This Ordinance authorizes the Mayor to execute Change Order No. 1 with Jim Smith Contracting Company, LLC, to extend the Contract to December 31, 2020 and include contract pricing for Pavement Markings for the City of Paducah’s Resurfacing Program in accordance with the price list in the Change Order.” Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) APPROVE THE TRANSFER OF MUNICIPALLY OWNED PROPERTIES LOCATED THROUGHOUT PADUCAH TO THE JOINT SEWER AGENCY Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF MUNICIPALLY OWNED REAL PROPERTIES LOCATED THROUGHOUT PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PURSUANT TO THE PROVISIONS OF CITY ORDINANCE NO. 98-8-5927 ESTABLISHING THE AGENCY WITHIN PADUCAH.” In this Ordinance the City of Paducah authorizes the transfer of City owned real properties located at various locations throughout McCracken County, Kentucky, to Paducah-McCracken County Joint Sewer Agency pursuant to the provisions of the City’s ordinance establishing the Agency. This Ordinance further authorizes the Mayor of Paducah, Kentucky, to execute and deliver a general warranty deed of conveyance of the real properties. July 28, 2020 Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, Watkins, and Wilson (4) (See August 11, 2020 Meeting Minutes for Adoption Information) ORDINANCE – INTRODUCTIONS APPROVE FINANCING OF THE 2010B GENERAL OBLIGATION BOND FOR INTEREST SAVINGS Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020B IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,945,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE SIZE OF THE BONDS BY UP TO $295,000 OR DECREASING THE SIZE OF THE BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B MATURING ON OR AFTER JUNE 1, 2021, THE PROCEEDS OF WHICH WERE USED TO REFUND THE ORIGINAL COSTS OF FINANCING THE EXPANSION OF THE JULIAN CARROLL CONVENTION CENTER AND THE CONSTRUCTION OF THE FOUR RIVERS CENTER FOR THE PERFORMING ARTS; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH CONVENTION AND VISITORS BUREAU, THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUND; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS; AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PLAN OF REFUNDING; AND REPEALING INCONSISTENT ORDINANCES.” This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2020B in the approximate principal amount of $2,945,000 (the “Bonds”) by the City of Paducah, Kentucky (the “City”). The Bonds are to be issued for the purpose of 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 Ordinance further authorizes the execution and delivery by the City of an Amended and Restated Interlocal Cooperation Agreement (the “Interlocal Amendment”) by and among the City, the County of McCracken, Kentucky (the “County”), the Paducah-McCracken County Convention Center Corporation (the “Corporation”), the Paducah Convention and Visitors Bureau (the “Bureau”), and the McCracken County Sports Tourism Commission (the “Sports Commission”). Pursuant to the Ordinance and the Interlocal Agreement, certain transient room taxes to be received from the Bureau and certain County payments will be pledged as additional securit y for the Bonds. Provisions are made in the Ordinance for the payment of the Bonds and the security therefor; for the July 28, 2020 application of the proceeds of the Bonds; for the establishment of a Bond Payment Fund; for the maintenance of the previously established sinking fund; for certain covenants of the City with respect to the Bonds and for the execution of such additional instruments as shall be necessary to accomplish the plan of refunding. The Bonds are to be sold at public, competitive sale, and shall mature, or be subject to mandatory sinking fund redemption, in varying amounts on June 1 of each of the years 2021 through 2026. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of, and interest on the Bonds, subject to certain credits, as provided in the Ordinance and the Interlocal Agreement. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: “Section 7. General Obligation. The Bonds shall be full general obligations of the City and, for the payment of the Bonds, and the interest thereon, the full faith, credit, and taxing power of the City are hereby pledged for the prompt payment thereof. During the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, 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 Bonds 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 City are available for the payment of the Bonds, including amounts available under the Interlocal Agreement, and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such other funds so available and appropriated.” APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $141,000 FOR PAXTON PARK GROUNDS EQUIPMENT Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641, ENTITLED, ‘AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re-appropriations: Transfer $141,000 from the FY2021 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. ADOPT AN AMENDMENT TO THE SIGN REGULATIONS, SEC. 126-76(m), TO ALLOW ELECTRONIC SIGNS IN THE MU AND 1-1 DISTRICTS Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-76 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, PERTAINING TO ELECTRONIC SIGNS IN THE MU AND A-1 DISTRICTS.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow electronic signs in MU and A-1 Zones under similar standards as the B-2 district with one additional standard proposed which prohibits changing of the message between the hours of 11:00 p.m. and 5:00 a.m., to prevent any flashing during sleep hours. July 28, 2020 ADOPT AN AMENDMENT TO SEC. 126-176 OF THE ZONING CODE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-176 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, TO PROVIDE FOR AN ALTERNATIVE REZONING APPROVAL PROCESS, RENAMING OF THE SECTION, EXPANDING NOTICE REQUIREMENTS, AND REORDERING AND RENUMBERING OF THE SECTION.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow for an alternative map amendment process to provide for added efficiencies. This amendment would allow for Planning Commission recommendations for map amendments to become final 21 days after the Planning Commission’s decision if there are no requests that the application be brought before the Board of Commissioners. Further, this ordinance cleans up certain language including the renaming of the section, organization of the section, and expanding the legal notice parameters and the amount of time given. APPROVE THE FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL AGREEMENT WITH RIVERFRONT HOTEL LP Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT.” This Ordinance approves and authorizes the execution on behalf of the City a First Amendment and Extension to Right of First Refusal Agreement, dated November 4, 2015 between City and Paducah Riverfront Hotel, LP, the developer, as to the real estate owned by City and generally located at 501 North 3rd Street, Paducah, McCracken County, Kentucky. This First Amendment amends and extends the expiration date of the original agreement for two (2) more years and amends developer’s commitments under the Agreement to allow more flexibility in the type of full-service accommodations for transient travels and tourist to be developed on the real estate. ADJOURN Mayor Harless offered motion, seconded by Commissioner Watkins, to adjourn the meeting. All in favor. Meeting ended at approximately 8:03 p.m. ADOPTED: August 25, 2020 _____________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk August 11, 2020 Due to concerns related to technical difficulties at the meeting held on July 28, 2020, the City Commission chose to re-do that meeting in its entirety on August 11, 2020. Though it was determined that the July 28, 2020 meeting of the Board of Commissioners complied with Open Meetings laws and SB150, the City chose to re-do the July 28th meeting in an effort to go above and beyond to exemplify transparency. The August 11, 2020 meeting stands as the official and final record for the repeated agenda items. At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 11, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video teleconferencing. The public was invited to view the meeting on the government access channel Government 11 (Comcast channel 11). The City also streamed the meeting on Youtube for the public’s convenience. Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. MAYOR COMMENT: The Mayor explained why agenda items were being repeated from the July 28, 2020, meeting, and why the Commission went back to virtual meetings due to a rise in COVID-19 cases in McCracken County. CONSENT AGENDA 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 July 14, 2020 Meetings of the Board of Commissioners of the City of Paducah I(B) Personnel Actions I(C) Receive & File Documents: Minute File: 1. Petitions to Stop the Indoor Recreation and Aquatic Center Deed File: 1. Deed of Conveyance – McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) (ORD 2020-07-8642; BK 36) August 11, 2020 Contract File: 1. Amendment To and Assumption of Lease Agreement – McCracken County and City of Paducah and KSR Legacy Investment Corp. (ORD 2020-05-8637; BK 36 – Exhibit “A”) 2. Memorandum of Lease and Memorandum of Assignment and Assumption – Genova Products, Inc. to KSR Legacy Investment Corp, et al – ORD 2020-05-8637; BK 36) Exhibit “B” 3. Assignment and Loan Assumption Agreement – Genova Products, KSR Legacy Investment Corp., McCracken County, Kentucky and Paducah, Kentucky – (ORD 2020-05-8637; BK 36) Exhibit “C” 4. Security Agreement – KSR Legacy Investment Corp., McCracken County, Kentucky, and City of Paducah, Kentucky – (ORD 2020-05-8637; BK 36) – Exhibit “D” 5. Settlement Statement and Loan Closing Documents - McCracken County, Kentucky and City of Paducah, Kentucky to Standard Insurances Company (KSR Legacy Investment Corp.) ORD 2020-07-8642; BK 36 6. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah City Clerk’s Office – MO #2334; BK 11 7. Declaration of Trust and Trust Participation Agreement For the Kentucky League of Cities Workers’ Compensation Trust – MO #2354; BK 11 8. Trust Participation Agreement For the Kentucky League of Cities Insurance Services General Insurance Trust – MO #2355; BK 11 9. Contract Between the Kentucky Department of Libraries and Archives (KDLA) and the Paducah Police Department – MO #2358; BK 11 10. Contract For Services – West Kentucky Community & Technical College and PJC for operation of the Public and Governmental Access Channels – MO #2360; BK 11 I(D) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR A COPS HIRING PROGRAM (CHP) GRANT AWARD IN AN AMOUNT OF $375,000 FOR THE HIRING OF THREE NEW SCHOOL RESOURCE OFFICERS AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME. (MO #2369; 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, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) DISCUSSION WELLNESS CENTER DUE DILIGENCE PROPOSAL DISCUSSION Commissioner Abraham led a discussion on the need to due a clean pause on the Lose Agreement Suspension without spending further money on the project. August 11, 2020 Commissioner Abraham inadvertently read an incorrect motion: “A proposed motion of the Board of Commissioners to adopt a Municipal Order entitled, “A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC., FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021.” When the error was discovered, the Board agreed that it was a mistake. Commissioner Abraham corrected the error by offering motion, seconded by Wilson, to withdraw the mistaken motion. Motion was withdrawn on a call of the roll, yeas, Mayor Harless Commissioners Abraham, McElroy, Watkins, and Wilson (5) RESCIND AMENDMENT TO MUNICIPAL ORDER FOR LOSE & ASSOCIATES Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners rescind the amendment to the Municipal Order entitled, “A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021 AND FURTHER DIRECTING THE CITY MANAGER TO CONTINUE DUE DILIGENCE RELATED TO THE PROJECT,” as adopted at the last Commission Meeting so that the Commission may vote on the original Municipal Order to continue the Suspension of the Lose & Associates, Inc. Agreement without additional due diligence wording. Failed on call of the roll, nays, Commissioner McElroy, Wilson, and Mayor Harless (3). Yeas, Commissioner Abraham and Watkins (2). MUNICIPAL ORDER FURTHER DUE DILIGENCE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners to adopt a Municipal Order entitled, “A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO CONTINUE THE SUSPENSION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY UNTIL JANUARY OF 2021 AND FURTHER DIRECTING THE CITY MANAGER TO CONTINUE DUE DILIGENCE RELATED TO THE PROJECT,” as amended on July 14, 2020. Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3), nays Commissioners Abraham and Watkins (2) (MO #2370; BK 11) ORDINANCE(S) – ADOPTION REZONING OF 5802 COMMERCE DRIVE Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE APPROVING THE FINAL REPORT OF THE August 11, 2020 PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 5802 COMMERCE DRIVE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO M-1 (LIGHT INDUSTRIAL ZONE)” This Ordinance is summarized as follows: Rezone property located at 5802 Commerce Drive, from R-1 (Low Density Residential) Zone to M-1 (Light Industrial) Zone classification, and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) (ORD 2020-07-8643; BK 36) CHANGE ORDER FOR THE JIM SMITH CONTRACTING, LLC, 2018-2019 RESURFACING PROGRAM Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING COMPANY, LLC, IN ORDER TO EXTEND THE CONTRACT AND INCLUDE THE CONTRACT PRICING FOR PAVEMENT MARKINGS.” This Ordinance authorizes the Mayor to execute Change Order No. 1 with Jim Smith Contracting Company, LLC, to extend the Contract to December 31, 2020 and include contract pricing for Pavement Markings for the City of Paducah’s Resurfacing Program in accordance with the price list in the Change Order.” Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) (ORD 2020-07-8644; BK 36) APPROVE THE TRANSFER OF MUNICIPALLY OWNED PROPERTIES LOCATED THROUGHOUT PADUCAH TO THE JOINT SEWER AGENCY Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF MUNICIPALLY OWNED REAL PROPERTIES LOCATED THROUGHOUT PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PURSUANT TO THE PROVISIONS OF CITY ORDINANCE NO. 98-8-5927 ESTABLISHING THE AGENCY WITHIN PADUCAH.” In this Ordinance the City of Paducah authorizes the transfer of City owned real properties located at various locations throughout McCracken County, Kentucky, to Paducah-McCracken County Joint Sewer Agency pursuant to the provisions of the City’s ordinance establishing the Agency. This Ordinance further authorizes the Mayor of Paducah, Kentucky, to execute and deliver a general warranty deed of conveyance of the real properties. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) ORD 2020-07-8645; BK 36 ORDINANCE – INTRODUCTIONS APPROVE FINANCING OF THE 2010B GENERAL OBLIGATION BOND FOR INTEREST SAVINGS Mayor Harless offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY August 11, 2020 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020B IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,945,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE SIZE OF THE BONDS BY UP TO $295,000 OR DECREASING THE SIZE OF THE BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B MATURING ON OR AFTER JUNE 1, 2021, THE PROCEEDS OF WHICH WERE USED TO REFUND THE ORIGINAL COSTS OF FINANCING THE EXPANSION OF THE JULIAN CARROLL CONVENTION CENTER AND THE CONSTRUCTION OF THE FOUR RIVERS CENTER FOR THE PERFORMING ARTS; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH CONVENTION AND VISITORS BUREAU, THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUND; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS; AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PLAN OF REFUNDING; AND REPEALING INCONSISTENT ORDINANCES.” This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2020B in the approximate principal amount of $2,945,000 (the “Bonds”) by the City of Paducah, Kentucky (the “City”). The Bonds are to be issued for the purpose of 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 Ordinance further authorizes the execution and delivery by the City of an Amended and Restated Interlocal Cooperation Agreement (the “Interlocal Amendment”) by and among the City, the County of McCracken, Kentucky (the “County”), the Paducah-McCracken County Convention Center Corporation (the “Corporation”), the Paducah Convention and Visitors Bureau (the “Bureau”), and the McCracken County Sports Tourism Commission (the “Sports Commission”). Pursuant to the Ordinance and the Interlocal Agreement, certain transient room taxes to be received from the Bureau and certain County payments will be pledged as additional security for the Bonds. Provisions are made in the Ordinance for the payment of the Bonds and the security therefor; for the application of the proceeds of the Bonds; for the establishment of a Bond Payment Fund; for the maintenance of the previously established sinking fund; for certain covenants of the City with respect to the Bonds and for the execution of such additional instruments as shall be necessary to accomplish the plan of refunding. The Bonds are to be sold at public, competitive sale, and shall mature, or be subject to mandatory sinking fund redemption, in varying amounts on June 1 of each of the years 2021 through 2026. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of, and interest on the Bonds, subject to certain credits, as provided in the Ordinance and the Interlocal Agreement. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: “Section 7. General Obligation. The Bonds shall be full general obligations of the City and, for the payment of the Bonds, and the interest thereon, the full faith, credit, and taxing power of the City August 11, 2020 are hereby pledged for the prompt payment thereof. During the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, 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 Bonds 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 City are available for the payment of the Bonds, including amounts available under the Interlocal Agreement, and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such other funds so available and appropriated.” APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $141,000 FOR PAXTON PARK GROUNDS EQUIPMENT Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641, ENTITLED, ‘AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re-appropriations: Transfer $141,000 from the FY2021 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. ADOPT AN AMENDMENT TO THE SIGN REGULATIONS, SEC. 126-76(m), TO ALLOW ELECTRONIC SIGNS IN THE MU AND 1-1 DISTRICTS Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-76 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, PERTAINING TO ELECTRONIC SIGNS IN THE MU AND A-1 DISTRICTS.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow electronic signs in MU and A-1 Zones under similar standards as the B-2 district with one additional standard proposed which prohibits changing of the message between the hours of 11:00 p.m. and 5:00 a.m., to prevent any flashing during sleep hours. ADOPT AN AMENDMENT TO SEC. 126-176 OF THE ZONING CODE Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-176 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, TO PROVIDE FOR AN ALTERNATIVE REZONING APPROVAL PROCESS, RENAMING OF THE SECTION, EXPANDING NOTICE REQUIREMENTS, AND REORDERING AND RENUMBERING OF THE SECTION.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow for an alternative map amendment process to provide for added efficiencies. This amendment would allow for Planning Commission recommendations for map August 11, 2020 amendments to become final 21 days after the Planning Commission’s decision if there are no requests that the application be brought before the Board of Commissioners. Further, this ordinance cleans up certain language including the renaming of the section, organization of the section, and expanding the legal notice parameters and the amount of time given. APPROVE A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME.” This Ordinance authorizes the Mayor to execute a Development Agreement with Weyland Ventures Development, LLC, for a City Block Boutique Hotel, Parking, Open Space, and Mixed-Use Residential Building located at the City Block bounded by Second Street, Broadway, North Water Street and Jefferson Street and authorizes the associated property transfer to Weyland Ventures Development. AMEND CITY BLOCK DEVELOPMENT AGREEMENT Mayor Harless offered motion, seconded by Wilson, that the Board of Commissioners amend the Ordinance related to the City Block Development Agreement between the City and Weyland Ventures Development to change the wording in Section 5.4 Reimbursement of Remediation Costs to state, “Should the Developer be required to perform any remediation work on the Development Site, the City shall reimburse the Developer the actual costs of the remediation as provided under Article VI of this Agreement, up to the equivalent of the purchase price of Tracts 1 and 3. Should the cost of additional remediation exceed this amount, the City and the Developer shall work collaboratively to identify additional sources of funds to be used for remediation. However, should the additional cost of remediation exceed such available funds, the Developer shall not be bound to the conveyance of the property.” Amended on call of the roll, yeas, Commissioners McElroy, Watkins, Wilson and Mayor Harless (4), nays, Commissioners Abraham. (1) APPROVE THE FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL AGREEMENT WITH RIVERFRONT HOTEL LP Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT.” This Ordinance approves and authorizes the execution on behalf of the City a First Amendment and Extension to Right of First Refusal Agreement, dated November 4, 2015 between City and Paducah Riverfront Hotel, LP, the developer, as to the real estate owned by City and generally August 11, 2020 located at 501 North 3rd Street, Paducah, McCracken County, Kentucky. This First Amendment amends and extends the expiration date of the original agreement for two (2) more years and amends developer’s commitments under the Agreement to allow more flexibility in the type of full-service accommodations for transient travels and tourist to be developed on the real estate. PUBLIC COMMENTS Mike Martin – supports the City Block project Yvonne Gray – supports the City Block project but not the design of the project Terry Lundberg – supports the City Block project but not the design of the buildings. Feels the community is emotionally attached to that parking lot. Thanked the Commission for their hard work and for shouldering the negativity associated with the project Michael Terra – supports the City Block project. Thanked the Commission for their hard work. Impressed with Weyland (mature and successful company). Encourages moving forward with the $21 million project Mary Byrne – Supports both the City Block Project and the Wellness Center Victoria Terra – Loves both the idea of the Wellness Center and the City Block project. She is a member of the Art Guild of Paducah and is a local gallery owner in LowerTown. Believes the City needs more motel space to draw conventions. ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. Meeting ended at approximately 7:29 p.m. ADOPTED: August 25, 2020 _____________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk August 12, 2020 At a Called Meeting of the Board of Commissioners, held on Wednesday, August 12, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Wilson and Mayor Harless (4). Commissioner Watkins was unable to attend the meeting. In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video and/or audio teleconferencing. The public was invited to view the meeting on the government access channel Government 11 (Comcast channel 11). The meeting was also streamed on the City’s Youtube channel for the public’s convenience. Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. DELETIONS: The Presentation by Sharon Poat regarding a Midtown Alliance of Neighbors update was deleted from the agenda. CONSENT AGENDA 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) Receive & File Documents Minute File: 1. Kentucky Department of Workers’ Claims Drug-Free Workplace Renewal Affidavit Deed File: 1. Commissioner’s Deed – 416 North 13th Street, Paducah, KY 2. Deed of Conveyance – Paducah-McCracken County Industrial Development Authority and City of Paducah For the Use and Benefit of the Commissioners of Waterworks – MO #2364 Contract File: 1. Contract with DRMS – Felony Record Scanning and Digitizing Project – Paducah Police Department – MO #2330 2. Contract with Doc Scan of Western Kentucky – Paducah City Clerk’s Office – MO #2334 3. 2020-2021 Kentucky Pride Fund Household Hazardous Waste Management Grant Agreement – MO #2357 4. Memorandum of Understanding – Paducah Creative Entrepreneurship Consultant, Jennifer Reis – CM Signed – SEE MO #2359 August 12, 2020 5. Change Order to Agreement with Jim Smith Contracting, Inc., LLC for the 2018- 2019 Resurfacing Program to Include Contract Pricing for Pavement Markers (ORD 2020-07-8644) Financials File: 1. Paducah Water Works – June, 2020 I(B) Personnel Actions I(C) A MUNICIPAL ORDER APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE MCCRACKEN COUNTY FISCAL COURT FOR THE ADMINISTRATION OF A 2020-2021 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT AWARD AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT (MO #2371; BK 11) I(D) A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 2340 ENTITLED, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATI ON AND ALL DOCUMENTS NECESSARY FOR AN FY2020 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $13,094.65, TO BE USED BY THE PADUCAH POLICE DEPARTMENT FOR THE PURCHASE FIVE (5) HAND- HELD RADIOS,” TO CHANGE THE APPLICATION AMOUNT TO $11,316 AND THE NUMBER OF PROPOSED HAND-HELD RADIOS TO FOUR (4) AND AUTHORIZING THE ACCEPTANCE OF ALL GRANT FUNDS AWARDED (MO #2372; BK 11) Mayor Harless offered motion, seconded by Commissioner Abraham, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless (4) ORDINANCE ADOPTIONS APPROVE FINANCING OF THE 2010B GENERAL OBLIGATION BOND FOR INTEREST SAVINGS Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020B IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,945,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE SIZE OF THE BONDS BY UP TO $295,000 OR DECREASING THE SIZE OF THE BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B MATURING ON OR AFTER JUNE 1, 2021, THE PROCEEDS OF WHICH WERE USED TO REFUND THE ORIGINAL COSTS OF FINANCING THE EXPANSION OF THE JULIAN CARROLL CONVENTION CENTER AND THE CONSTRUCTION OF THE FOUR RIVERS CENTER FOR THE PERFORMING ARTS; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE CITY August 12, 2020 OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE PADUCAH CONVENTION AND VISITORS BUREAU, THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING A BOND PAYMENT FUND; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER FOR THE PURCHASE OF THE BONDS; AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PLAN OF REFUNDING; AND REPEALING INCONSISTENT ORDINANCES.” This Ordinance authorizes the issuance of general obligation refunding bonds designated as Series 2020B in the approximate principal amount of $2,945,000 (the “Bonds”) by the City of Paducah, Kentucky (the “City”). The Bonds are to be issued for the purpose of 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 Ordinance further authorizes the execution and delivery by the City of an Amended and Restated Interlocal Cooperation Agreement (the “Interlocal Amendment”) by and among the City, the County of McCracken, Kentucky (the “County”), the Paducah-McCracken County Convention Center Corporation (the “Corporation”), the Paducah Convention and Visitors Bureau (the “Bureau”), and the McCracken County Sports Tourism Commission (the “Sports Commission”). Pursuant to the Ordinance and the Interlocal Agreement, certain transient room taxes to be received from the Bureau and certain County payments will be pledged as additional security for the Bonds. Provisions are made in the Ordinance for the payment of the Bonds and the security therefor; for the application of the proceeds of the Bonds; for the establishment of a Bond Payment Fund; for the maintenance of the previously established sinking fund; for certain covenants of the City with respect to the Bonds and for the execution of such additional instruments as shall be necessary to accomplish the plan of refunding. The Bonds are to be sold at public, competitive sale, and shall mature, or be subject to mandatory sinking fund redemption, in varying amounts on June 1 of each of the years 2021 through 2026. The Bonds pledge the full faith and credit of the City and provision is made for the collection of a tax to pay the principal of, and interest on the Bonds, subject to certain credits, as provided in the Ordinance and the Interlocal Agreement. As required by KRS 83A.060, the following Section 7 of the Ordinance is set forth in its entirety: “Section 7. General Obligation. The Bonds shall be full general obligations of the City and, for the payment of the Bonds, and the interest thereon, the full faith, credit, and taxing power of the City are hereby pledged for the prompt payment thereof. During the period the Bonds are outstanding, there shall be and there hereby is levied on all the taxable property in the City, 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 Bonds 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 City are available for the payment of the Bonds, including amounts available under the Interlocal Agreement, and are August 12, 2020 appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such other funds so available and appropriated.” Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4). (ORD 2020-08-8646; BK 36) APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $141,000 FOR PAXTON PARK GROUNDS EQUIPMENT Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING ORDINANCE NO. 2020-6-8641, ENTITLED, ‘AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2020, THROUGH JUNE 30, 2021, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.” This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2020, and ending June 30, 2021, as adopted by Ordinance No. 2020-6-8641, be amended by the following re-appropriations: Transfer $141,000 from the FY2020 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, and Wilson (4). (ORD 2020-08-8647; BK 36) ADOPT AN AMENDMENT TO THE SIGN REGULATIONS, SEC. 126-76(m), TO ALLOW ELECTRONIC SIGNS IN THE MU AND 1-1 DISTRICTS Mayor Harless offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-76 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, PERTAINING TO ELECTRONIC SIGNS IN THE MU AND A-1 DISTRICTS.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of Paducah, Kentucky, to allow electronic signs in MU and A-1 Zones under similar standards as the B-2 district with one additional standard proposed which prohibits changing of the message between the hours of 11:00 p.m. and 5:00 a.m., to prevent any flashing during sleep hours. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4) (ORD 2020-08-8648; BK 36) ADOPT AN AMENDMENT TO SEC. 126-176 OF THE ZONING CODE Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING SECTION 126-176 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, TO PROVIDE FOR AN ALTERNATIVE REZONING APPROVAL PROCESS, RENAMING OF THE SECTION, EXPANDING NOTICE REQUIREMENTS, AND REORDERING AND RENUMBERING OF THE SECTION.” This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission to amend the Code of Ordinances of the City of August 12, 2020 Paducah, Kentucky, to allow for an alternative map amendment process to provide for added efficiencies. This amendment would allow for Planning Commission recommendations for map amendments to become final 21 days after the Planning Commission’s decision if there are no requests that the application be brought before the Board of Commissioners. Further, this ordinance cleans up certain language including the renaming of the section, organization of the section, and expanding the legal notice parameters and the amount of time given. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Wilson and Mayor Harless, (4). (ORD 2020-08-8649; BK 36) APPROVE A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WEYLAND VENTURES DEVELOPMENT, LLC Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A “CITY BLOCK” DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES DEVELOPMENT, LLC, FOR DEVELOPMENT OF A BOUTIQUE HOTEL, PARKING, OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND JEFFERSON STREET, DECLARING THE REAL PROPERTY TO BE SURPLUS PROPERTY, AUTHORIZING THE ASSOCIATED PROPERTY TRANSFER AND THE EXECUTION OF ALL DOCUMENTS RELATING TO SAME.” This Ordinance authorizes the Mayor to execute a Development Agreement with Weyland Ventures Development, LLC, (as amended by motion and vote of the Board of Commissioners on August 11, 2020) for a City Block Boutique Hotel, Parking, Open Space, and Mixed-Use Residential Building located at the City Block bounded by Second Street, Broadway, North Water Street and Jefferson Street and authorizes the associated property transfer to Weyland Ventures Development. Call the Question: After a lengthy discussion, Mayor Harless offered motion, seconded by Commissioner Wilson, to call the question. Question was called on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3), Nays, Commissioner Abraham (1) Roll call on Ordinance to adopt the City Block Development Agreement: Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3) Nays, Commissioner Abraham (1) (ORD 2020-08-8650; BK 36) APPROVE THE FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL AGREEMENT WITH RIVERFRONT HOTEL LP Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A FIRST AMENDMENT AND EXTENSION TO RIGHT OF FIRST REFUSAL BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH RIVERFRONT HOTEL LP, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT.” This Ordinance approves and authorizes the execution on behalf of the City a First Amendment and Extension to Right of First Refusal Agreement, dated November 4, 2015 between August 12, 2020 City and Paducah Riverfront Hotel, LP, the developer, as to the real estate owned by City and generally located at 501 North 3rd Street, Paducah, McCracken County, Kentucky. This First Amendment amends and extends the expiration date of the original agreement for two (2) more years and amends developer’s commitments under the Agreement to allow more flexibility in the type of full-service accommodations for transient travels and tourist to be developed on the real estate. Adopted on call of the roll, yeas, Commissioners McElroy, Wilson and Mayor Harless (3) Nays, Commissioner Abraham (1) (ORD 2020-08-8651; BK 36) ORDINANCE INTRODUCTION Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 401 WALTER JETTON BOULEVARD FROM R-3 (MEDIUM DENSITY RESIDENTIAL ZONE) TO B-3 (GENERAL BUSINESS ZONE).” This Ordinance is summarized as follows: Rezone property located at 401 Walter Jetton Boulevard, from R-3 (Medium Density Residential) Zone to B-3 (General Business) Zone classification, and amending the Paducah Zoning Ordinance to affect such rezoning. COMMENTS BY CITY MANAGER Bob Leeper Bridge is being set tonight. COMMENTS BY COMMISSIONER Commissioner McElroy - the music playground has been installed in Noble Park. Expressed her gratitude to all Garden Club members who made this project successful. A ribbon cutting is being planned. Mayor Harless stated that she will be reaching out to members of the Commission to get their input on returning to in-person meetings. What precautions they want to take, and when they might consider returning to virtual meetings if the need arises. She feels that a set policy will make the process more transparent to the media and the citizens of Paducah. Commissioner Abraham commented on the City Block ordinance discussion. PUBLIC COMMENTS Chris Hill – Thanked Commission for their service and commented that he supports the City Block development. George Bray – Made comments related to the City Block development. ADJOURN Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 6:41 August 12, 2020 ADOPTED: August 25, 2020 _____________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk August 25, 2020 Minutes File: 1. Notice of Regular Meeting of the Board of Commissioners of the City of Paducah – August 11, 2020 ((Virtual Meeting) 2. Notice of Called Meeting of the Board of Commissioners of the City of Paducah – August 12, 2020 Deed File: 1. Deed of Conveyance – City of Paducah to Paducah-McCracken County Joint Sewer Agency – ORD 2020-08-8645 2. Deed of Conveyance – City of Paducah to Dr. Velma J. Dennis – 2706 Ohio Street – MO #2323 3. Deed of Conveyance – Ronnie W. Adams and wife, Deborah Adams to the City of Paducah – 2011 Guthrie Avenue – MO #2361 Contract File: 1. Professional Services Agreement – Between Marcum Engineering and City of Paducah – JPEC Building Assessment – CM Signed 2. Interlocal Agreement – Kentucky Division of Waste Management Hazardous Household Wasse (HHW) Grant Award – MO #2371 Financials File: 1. Paducah-McCracken County Convention Center Corporation, Inc. - Auditor’s Report and Financial Statements – FY ended June 30, 2018 and 2017 Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Accept Donation of Property - 612 S. 21st Street - G CHERRY Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: Gary E. McDowell would like to donate 612 S. 21st Street to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to Planning for future re-development. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize Mayor Harless to sign the deed transfering 612 S. 21st Street to the City of Paducah. Attachments: 1.prop donated – 612 S 21st MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 612 SOUTH 21st STREET FROM GARY E. MCDOWELL TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the property located at 612 South 21st Street from Gary E. McDowell. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, August 25, 2020 Recorded by Lindsay Parish, City Clerk, August 25, 2020 \mo\prop donated – 612 S 21st Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Application for CARES Act Funding for COVID-19 Relief through the Department of Local Government in the amount of $1,786,875 - T WILSON Category: Municipal Order Staff Work By: Ty Wilson, Melanie Townsend Presentation By: Ty Wilson Background Information: The Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act) established the Coronavirus Relief Fund and appropriated $150 billion to the fund. Under the CARES Act, the fund is to be used to make payments for specified uses to States and certain local governments. Governor Beshear is apportioning $300 million of the state's Coronavirus Relief Fund allocation for local government reimbursements. The maximum amount that the City of Paducah could receive is $1,786,875. Cities can seek compensation of COVID-related costs such as the purchase of personal protective equipment (PPE) and other medical and protective supplies, costs of COVID-19 testing, emergency medical response expenses, amounts spent on communication and enforcement of public health orders, costs of disinfecting public areas, and payroll expenses for public safety and health employees who have been dedicated to responding to the pandemic. The City desires to apply for reimbursements for the salaries of Police officers and firefighters beginning March 1 for the entire allotment. This a reimbursement which is for assumed COVID related expenses associated with the duties carried out by police and fire. These funds will be directed back to the General Fund (G/F). These funds are not for a future project. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct Mayor to execute all required grant application documents. Attachments: 1.Municipal Order 2.Letter from KLC 3.0630-Coronavirus-Relief-Fund-Guidance 4.Coronavirus-Relief-Fund-Frequently-Asked-Questions 6-24-20 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH TO APPLY FOR A CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES" ACT) GRANT THROUGH THE DEPARTMENT OF LOCAL GOVERNMENT IN THE AMOUNT OF $1,786,875 FOR REIMBURSEMENTS FOR THE SALARIES OF POLICE OFFICERS AND FIREFIGHTERS BEGINNING MARCH 1, 2020, FOR THE ENTIRE ALLOTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the application for a Coronavirus Aid, Relief, And Economic Security Act ("CARES" act) grant through the Department of Local Government, in the amount of $1,786,875, for reimbursements for the salaries of Paducah Police Officers and Firefighters beginning March 1, 2020, for the entire allotment and authorizes the Mayor to execute all documents related to same. No local match is required. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. __________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, August 25, 2020 Recorded by Lindsay Parish, City Clerk, August 25, 2020 \mo\grants\app – CARES Act Coronavirus Grant Funding – PD & Fire Salaries 1 Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments Updated June 30, 2020 1 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act established the Coronavirus Relief Fund (the “Fund”) and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.2 The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred “due to” the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be “necessary.” The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the 1 This version updates the guidance provided under “Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020”. 2 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. 2 cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the “covered period”). Putting this requirement together with the other provisions discussed above, section 601(d) may be summarized as providing that a State, local, or tribal government may use payments from the Fund only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID–19 public health emergency during the covered period. Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period, but not otherwise. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. Thus the cost of a good or service received during the covered period will not be considered eligible under section 601(d) if there is no need for receipt until after the covered period has expired. Goods delivered in the covered period need not be used during the covered period in all cases. For example, the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and delivered during the covered period may be covered using payments from the Fund if a portion of the goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient’s usual procurement policies and practices, and it is impractical to track and record when the items were used. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient’s control. 3 This guidance applies in a like manner to costs of subrecipients. Thus, a grant or loan, for example, provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase (or reimburse a purchase of) goods or services for which receipt both is needed within the covered period and occurs within the covered period. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: 1. Medical expenses such as: COVID-19-related expenses of public hospitals, clinics, and similar facilities. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. Costs of providing COVID-19 testing, including serological testing. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Expenses for public safety measures undertaken in response to COVID-19. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. 4 Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Expenditures related to a State, territorial, local, or Tribal government payroll support program. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. Nonexclusive examples of ineligible expenditures 3 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.4 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 3 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 4 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 1 Coronavirus Relief Fund Frequently Asked Questions Updated as of June 24, 2020 The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, (“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible Expenditures Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the “substantially dedicated” condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a “substantially different use” for purposes of the Fund eligibility? Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty’s ordinary responsibilities. Note that a public function does not become a “substantially different use” merely because it is provided from a different location or through a different manner. For example, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. 1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for- State-Territorial-Local-and-Tribal-Governments.pdf. 2 May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s borders. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 3 Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for several classes of employees whose services are “substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 4 May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. Are expenses associated with contact tracing eligible? Yes, expenses associated with contract tracing are eligible. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a “payroll support program” for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 5 May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. 6 Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of “hazard pay”? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers’ employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. 7 Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government’s per capita share of the statewide allocation. This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. This approach will ensure equitable treatment among local governments of all sizes. For example, a State received the minimum $1.25 billion allocation and had one county with a population over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion it received, or $450 million, to local governments within the State with a population of 500,000 or less. May a State impose restrictions on transfers of funds to local governments? Yes, to the extent that the restrictions facilitate the State’s compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below. Other restrictions are not permissible. If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue shortfalls, are the expenses associated with the issuance eligible uses of Fund payments? If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency, the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? Such expenditures would only be permissible if they are necessary for the public health emergency. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to the disposal of used personal protective equipment, would be an eligible expenditure. May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? No. The Guidance says that funding may be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such individuals. 8 May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial, local, or Tribal government? Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. May recipients use Fund payments to provide loans? Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act. Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury upon receipt by the unit of government lending the funds. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. May funds be used to satisfy non-federal matching requirements under the Stafford Act? Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund’s eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for such purposes, FEMA funding is still dependent on FEMA’s determination of eligibility under the Stafford Act. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. For example, a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? Yes, non-profits may be used to distribute assistance. Regardless of how the assistance is structured, the financial assistance provided would have to be related to COVID-19. May recipients use Fund payments to remarket the recipient’s convention facilities and tourism industry? Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to 9 the public health emergency. Expenses related to developing a long-term plan to reposition a recipient’s convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. May a State provide assistance to farmers and meat processors to expand capacity, such to cover overtime for USDA meat inspectors? If a State determines that expanding meat processing capacity, including by paying overtime to USDA meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. The guidance provides that funding may be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to cover such an employee’s entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-19 public health emergency? As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 30, 2020. An employer may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act. May recipients deposit Fund payments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government’s general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May governments retain assets purchased with payments from the Fund? 10 Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. Are Fund payments to State, territorial, local, and tribal governments considered grants? No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not considered to be grants but are “other financial assistance” under 2 C.F.R. § 200.40. Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Are Fund payments subject to other requirements of the Uniform Guidance? Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2 C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? Yes. The CFDA number assigned to the Fund is 21.019. If a State transfers Fund payments to its political subdivisions, would the transferred funds count toward the subrecipients’ total funding received from the federal government for purposes of the Single Audit Act? Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2 C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program- specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. § 200.425. If a government has transferred funds to another entity, from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program 11 or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the Guidance. Addendum: “Commonwealth of Kentucky interpretation of U.S. Treasury guidance: “ Front-line, public-facing public safety (police, firefighter, EMS) and public health payroll expenses are eligible under the presumption guidance provided by U.S. Treasury.” Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Approve purchase of One (1) Rear Packer Refuse Collection Truck for use by Public Works Refuse Department in the amount of $169,249 - C YARBER Category: Municipal Order Staff Work By: Randy Crouch, Debbie Collins Presentation By: Chris Yarber Background Information: On August 11, 2020 received quote from Tag Truck Center for One (1) Rear Packer Refuse Collection Truck, 2021 Freightliner 1085D, for use by Public Works Refuse Department at the price of $169,249.00 on state contract KY MA 6052000000447. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): No Funds Available:Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Account Number: 50002209-540050 Staff Recommendation: Approve a municipal order for the mayor to sign an agreement with Tag Truck Enterprises of Missouri, LLC for the purchase of One (1) Rear Packer Refuse Collection Truck, 2021 Freightliner 1085D in the amount of $169,249.00 on state contract KY MA 6052000000447. Attachments: 1.Municipal Order 2.TAG specification proposal_KY MA 6052000000447 3.Compliance with Technical Specs MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ONE (1) REAR PACKER REFUSE COLLECTION TRUCK, 2021 FREIGHTLINER 1085D IN A TOTAL AMOUNT OF $169,249.00 FOR USE BY THE PUBLIC WORKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, this equipment is available under Kentucky State Contract No. MA 6052000000447 and competitive bidding is not required. BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make payment to Tag Truck Center, for the purchase of One (1) Rear Packer Refuse Collection Truck, 2021 Freightliner 1085D, in an amount of $169,249.00 and authorizes the Mayor to execute all documents related to same. This purchase is made in compliance with the Kentucky State Purchasing Contract No. MA 6052000000447. SECTION 2. This expenditure shall be charged to Rolling Stock/Vehicle Fleet Lease Trust Fund Account No. 50002209-540050. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, August 25, 2020 Recorded by Lindsay Parish, City Clerk, August 25, 2020 \mo\rear packer refuse truck 8-2020 – State Contract Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Accept proposed premiums from the Kentucky League of Cities for Workers’ Compensation, Liability Insurance and Property Insurance Coverage. Total cost of all premiums is $1,222,548.49 - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: Each year the City of Paducah receives from the Kentucky League of Cities the invoices for payment of premiums to cover these areas. Total Fiscal Year 2020-2021 (FY 2021) premiums are for the following: (1) Workers’ Compensation $519,393.80, (2) Liability Insurance $584,259.51, (3) Property Insurance Coverage $118,895.18. The Health Department to reimburse $3,030.25 for property expenses associated with coverage of the Health Department. Paxton Park Golf Course to reimburse $3,975.87 for property expenses associated with the Golf Park Course. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Recommend to continue with Kentucky League of Cities Insurance Coverage. Attachments: 1.8 25 2020 Invoices for Commission 2.insurance – klc fy2021 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO PAY KENTUCKY LEAGUE OF CITIES FOR WORKERS’ COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,222,548.49 FOR THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to pay Kentucky League of Cities in the total amount of $1,222,548.49 for Workers’ Compensation, Liability Insurance, and Property Insurance Coverage for the City of Paducah for Fiscal Year ending June 30, 2021, for the following policies: Workers’ Compensation $519,393.80 Liability Insurance $584,259.51 Property Insurance $118,895.18 SECTION 2. This expenditure shall be charged to the Insurance Fund accounts. The Health Department will reimburse $3,030.25 for property expenses associated with coverage of the Health Department. Paxton Park Golf Course will reimburse $3,975.87 for property expenses associated with the Golf Park Course. SECTION 3. That the City of Paducah hereby authorizes the Mayor to execute all documents related to the Kentucky League of Cities Worker’s Compensation, Liability Insurance and Property Insurance Coverage for FY2021 as authorized in Section 1 above. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. ____________________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, August 25, 2020 Recorded by Lindsay Parish, City Clerk, August 25, 2020 \mo\insurance – klc fy2021 Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Acceptance of a Community Development Block Grant in the amount of $200,000 on behalf of Four Rivers Behavioral Health's CenterPoint Recovery Center - T WILSON Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Ty Wilson Background Information: The Department for Local Government (DLG) has approved a grant of $200,000 to the Four Rivers Behavioral Health Recovery Center (CenterPoint Recovery Center). The funding comes through the 2020 funding cycle from the U.S. Housing and Urban Development's (HUD) Community Development Block (CDBG) Program. Funds are designated for various program areas including Community Projects, Community Emergency Relief Fund, Economic Development, Housing, and Public Services. The City of Paducah adopted Municipal Order 2345 on June 9, 2020, approving the City to apply for the CDBG Grant on behalf of Four Rivers Behavioral Health. Four Rivers will provide matching funds from various sources. An administration fee of $2,500 will be paid to the City for maintaining and providing administration of the funding. There are no City funds required. As conditions of accepting CDBG funding, the City must approve the following items: Grant Agreement with DLG Residential Anti-Displacement and Relocation Assistance Plan KCDBG Procurement Code Legally Binding Agreement with Four Rivers Behavioral Health Recovery Center Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to sign all required grant award documents. Attachments: 1.Municipal Order 2.Paducah 20-006 Grant Contract 3.KY CDBG_4-2_Procurement Code_2020 4.Legally Binding Agreement 20 5.RESIDENTIAL ANTIDISPLACEMENT_2020 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING A 2020 COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $200,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE FOUR RIVERS RECOVERY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE ALL REQUIRED GRANT AWARD DOCUMENTS WHEREAS, the City of Paducah applied for a FY2020 Community Development Grant through the Department for Local Government, adopted by Municipal Order No. 2345, on June 9, 2020, on behalf of the Four Rivers Recovery Center; and WHEREAS, The Department for Local Government has approved the application and is now ready to award this grant. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds for a Community Development Block Grant through the Department for Local Development in the amount of $200,000 on behalf of Four Rivers Behavioral Health for the Four Rivers Recovery Center for personnel expenses. Funds will be matched by Four Rivers Behavioral Health. An administration fee of $2,500 will be paid to the City of Paducah for maintaining and monitoring this funding. No local match is required. SECTION 2. That the City of Paducah hereby authorizes and directs the Mayor to execute the Grant Agreement with the Department for Local Government, Residential Anti- Displacement and Relocation Assistance Plan, KCDBG Procurement Code, and Legally Binding Agreement with Four Rivers Behavioral Health Recovery Center and all required grant award documents. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners August 25, 2020 Recorded by Lindsay Parish, City Clerk, August 25, 2020 \mo\grants\acceptance cdbg-four rivers recovery center project 8-2020 CCOLE@PADUCAHKY.GOV Document Description Page 2 2100000433 Paducah Center Point 20-006 Document Description Page 3 2100000433 Paducah Center Point 20-006 Document Description Page 4 2100000433 Paducah Center Point 20-006 Document Description Page 5 2100000433 Paducah Center Point 20-006 Document Description Page 6 2100000433 Paducah Center Point 20-006 Document Description Page 7 2100000433 Paducah Center Point 20-006 Document Description Page 8 2100000433 Paducah Center Point 20-006 Document Description Page 9 2100000433 Paducah Center Point 20-006 Document Description Page 10 2100000433 Paducah Center Point 20-006 Document Description Page 11 2100000433 Paducah Center Point 20-006 Document Description Page 12 2100000433 Paducah Center Point 20-006 Document Description Page 13 2100000433 Paducah Center Point 20-006 Document Description Page 14 2100000433 Paducah Center Point 20-006 Document Description Page 15 2100000433 Paducah Center Point 20-006 Document Description Page 16 2100000433 Paducah Center Point 20-006 Document Description Page 17 2100000433 Paducah Center Point 20-006 Document Description Page 18 2100000433 Paducah Center Point 20-006 Memorandum of Agreement Standard Terms and Conditions Revised December 2019 1.00 Effective Date: All Memorandum of Agreements are not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the agreement and until the agreement has been submitted to the government contract review committee. However, in accordance with KRS 45A.700, memoranda of agreement in aggregate amounts of $50,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes. KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. 2.00 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. 3.00 Cancellation clause: Both parties shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the Contractor by registered or certified mail. . 4.00 Funding Out Provision: The state agency may terminate this agreement if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the agreement. The state agency shall provide the Contractor thirty (30) calendar day’s written notice of termination of the agreement due to lack of available funding. 5.00 Reduction in Contract Worker Hours: The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional Document Description Page 19 2100000433 Paducah Center Point 20-006 service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract. 6.00 Access to Records: The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 7.00 Violation of tax and employment laws: KRS 45A.485 requires the Contractor and all subcontractors performing work under the agreement to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the Contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors performing work under the agreement shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the Contractor and all subcontractors performing work under the agreement shall be in continuous compliance Document Description Page 20 2100000433 Paducah Center Point 20-006 with the provisions of those statutes, which apply to their operations, and that their failure to reveal a final determination as described above, or failure to comply with the above statutes for the duration of the agreement shall be grounds for the Commonwealth's cancellation of the agreement and their disqualification from eligibility for future state contracts for a period of two (2) years. [Check box section below need only be included for Contractors that are quasi- governmental entities or 501(c)3 non-profit entities.] Contractor must check one: _____ The Contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ The Contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). Attached is a list of such determination(s) , which includes the KRS violated, the date of the final determination, and the state agency which issued the final determination. 8.00 Discrimination: This section applies only to agreements disbursing federal funds, in whole or part, when the terms for receiving those funds mandate its inclusion. Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. During the performance of this agreement, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The Contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The Contractor agrees to provide, upon request, needed reasonable accommodations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, Document Description Page 21 2100000433 Paducah Center Point 20-006 available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. In all solicitations or advertisements for employees placed by or on behalf of the Contractor, the Contractor will, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. The Contractor will send to each labor union or representative of workers with which he/ she has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this agreement or with any of the said rules, regulations or orders, this agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action Document Description Page 22 2100000433 Paducah Center Point 20-006 with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Document Description Page 23 2100000433 Paducah Center Point 20-006 Document Description Page 24 2100000433 Paducah Center Point 20-006 1 KCDBG PROCUREMENT CODE All procurements made by City of Paducah (hereafter referred to as "Grantee/ Subrecipient") involving the expenditure of local, state and federal funds on CDBG Project 2020 Four Rivers Recovery Center shall be made in accordance with the following procurement standards. Procurement transactions, regardless of method or dollar value, will maximize open and free competition. The Grantee/Subrecipient shall not engage in procurement practices that may be considered restrictive in trade. Purchases will be reviewed by the Treasurer to prevent duplication and to insure that costs are reasonable. 1. Methods for Procurement Procurements shall be made by one of the following methods: (a) small purchase procedures, (b) competitive sealed bids, (c) competitive negotiation, (d) non-competitive negotiation. A. SMALL PURCHASES For purchases of less than $50, efforts will be made to get the lowest and best price, but written records of such efforts are not necessary. Purchases that cost more than $50 but less than $20,000 require quotations of rate, price, etc., but no legal advertisement is required. The Grantee/Subrecipient will solicit responses from at least three vendors. If written responses are not available, a statement explaining the procurement will be prepared and filed. If quotations are obtained via telephone, a memorandum will be prepared setting forth the date the calls were made, parties contacted, and prices obtained. The Grantee/Subrecipient will make the award to the lowest responsive and responsible source, and enter into a contract formalizing the scope of work and terms of compensation. B. COMPETITIVE SEALED BIDS Bidding will be employed when detailed specifications for the goods or services to be procured can be prepared and the primary basis for award is cost. When the cost of a contract, lease or other agreement for materials, supplies, equipment or contractual services other than those personal or professional exceeds $20,000, an Invitation for Bids (IFB) notice will generally be prepared. Per KRS 424.120, this notice will be published at least once in a qualifying official newspaper 2 of general circulation within the community. This newspaper notice will appear not less than seven (7) days and not more than twenty- one (21) days before the due date for bid proposals. In addition, the Grantee/Subrecipient must solicit sealed bids from responsible prospective suppliers by distributing a copy of such notice to them. The IFB will include a general description of the goods or services to be procured, the bid deposit and bond performance required (if applicable), the location where bid forms and specifications may be secured, the time and place for opening bids, and whether the bid award will be made on the basis of the lowest bid price or the lowest evaluated price. If the lowest evaluated price is used, the measurable criteria to be utilized must be stated in the IFB. The newspaper notice must also contain language that calls to the attention of bidders all applicable requirements that must be complied with such as Section 3 of the 1968 Housing Act, Section 109 of the 1974 Housing and Community Development Act, the Civil Rights Act of 1964, Executive Order 11246 and the Davis-Bacon Act. Sealed bids will be opened in public at the time and place stated in the IFBs. The Grantee/Subrecipient will tabulate the bids at the time of bid opening. The results of the tabulation and the bid documents will be evaluated by the review committee, which will make recommendations to the Grantee/Subrecipient. The Grantee/Subrecipient will make a firm fixed-price contract award in writing to the lowest responsive and responsible bidder. After the Grantee/Subrecipient makes the bid award, a contract will be prepared for execution by the successful bidder. After the contract is signed, all bid deposits will be returned to all unsuccessful bidders. The Grantee/Subrecipient may cancel an Invitation for Bid or reject all bids if it is determined in writing that such is in the best interests of the Grantee/Subrecipient. The Grantee/Subrecipient may allow a vendor to withdraw a bid if requested at any time prior to the bid opening. Bids received after the time set for bid opening shall be returned to the vendor unopened. Bid Overages: The following options are available for awarding a bid following an overage: 1) Obtaining additional funds from another source and continuing with the original IFB. 3 2) Rejecting all bids, revising project scope and bid specifications, and issuing a revised IFB (competitive sealed bid) open to the entire public; or 3) Conducting competitive negotiations with all bidders. (Grantees must seek pre-approval from DLG for this option). Competitive negotiations under option (3) must take place under the following criteria: 1. If discussions pertaining to the revision of the specifications or quantities are held with any bidder, all of the bidders shall be afforded an opportunity to take part in such discussions. 2. After discussions with the bidders, the grantee shall revise the scope of work accordingly and issue an RFP open to all bidders, providing for expedited proposals. No advertisement is required, but the grantee shall allow at least seven days for bidders to submit proposals. 3. The RFP shall be awarded on the basis of lowest bid price. C. COMPETITIVE NEGOTIATION The Grantee/Subrecipient may utilize competitive negotiations, regardless of contract amount, upon a written determination that: 1. Specifications cannot be made specific enough to permit the award of a bid on the basis of either the lowest bid price or the lowest evaluated bid price (in other words, bidding is not feasible). 2. The services to be procured are professional or personal in nature. The use of the competitive negotiations procurement method for contracts other than architectural, engineering, planning or administrative services must be pre-authorized by DLG. With the exception of procurement of certain professional services (principally engineering services), competitive negotiations will proceed as follows: 1. Proposals will be solicited through a qualifying official newspaper advertisement; additionally, a Request for 4 Proposal (RFP) may be prepared and mailed to qualified vendors. The newspaper advertisement must be published at least seven (7) days and not more than twenty-one (21) days before the date for receipt of the proposals. The RFP will describe services needed and identify the factors to be considered in the evaluation of proposals and the relative weights assigned to each selection factor. The RFP will also state where further details regarding the RFP may be obtained. The RFP will call attention to the same regulations discussed in the bidding process. Requests for proposals will always include cost as a selection factor except for engineering services. 2. Award must be made to the offeror whose proposal is determined by the review committee to be most advantageous to the program, with price and other factors considered. Evaluations must be based on the factors set forth in the Request for Proposal and a written evaluation of each response prepared. The review committee may contact the firms regarding their proposals for the purpose of clarification and record in writing the nature of the clarification. If it is determined that no acceptable proposal has been submitted, all proposals may be rejected. New proposals may be solicited on the same or revised terms or the procurement may be abandoned. For the procurement of architectural/engineering (A/E) professional services, an alternative to RFPs may be used. The Grantee/Subrecipient may publish a Request for Qualifications. RFQs are handled in a similar method to RFPs with the exception that cost is not a factor in the initial evaluation. A review committee will evaluate the responses and rank them by comparative qualifications. The highest scoring person or firm will be contacted and the selection committee will negotiate cost. If the committee is unable to negotiate a satisfactory cost arrangement, the second highest scoring person or firm will be invited to negotiate. The committee will maintain a written record of all such negotiations. D. NON-COMPETITIVE NEGOTIATIONS Non-competitive negotiation is procurement through solicitation of a proposal from one source, and is often referred to as sole source procurement. A contract may be awarded by noncompetitive negotiation only when the award is infeasible under small purchase procedures, competitive sealed bids, or competitive negotiations and one of the following circumstances applies: 5 1. There is some public emergency that will not permit delay resulting from competitive solicitation (the grantee must declare an emergency as authorized by law); or 2. The results of the competitive negotiations are inadequate; or 3. The product or service is available only from a single source. Caution: The use of the non-competitive negotiations procurement method must be authorized by DLG. The following requirements apply to the non-competitive negotiations procurement process: 1. Negotiations must be conducted with the selected company regarding a scope of work and price; and 2. Preparation and signing of a contract formalizing a scope of work and the terms of compensation is required. II. CONTRACTS Generally, all procurement in excess of $500 will be memorialized and supported by a written contract. Where it is infeasible or impractical to prepare a contract, a written finding to this effect will be prepared and a purchase order regarding the transaction will also be prepared. The contractual provisions required by "The Common Rule" will be included in all contracts and purchase orders. III. DOCUMENTATION All source documents supporting any given transaction (receipts, purchase orders, invoices, RFP/RFQ data, and bid materials) will be retained and filed in an appropriate manner. Where feasible, source documents pertinent to each individual procurement shall be separately filed and maintained. Where it is infeasible to maintain individual procurement files, source documents will be filed and maintained in a reasonable manner (examples include chronologically, by vendor, by type of procurement, etc.). Whatever form of documentation and filing is employed, the purpose of this section is to insure that a clear and consistent audit trail is established. At a minimum, source document data must be sufficient to establish the basis for selection, basis for cost (including the issue of reasonableness of cost) and basis for payment. IV. LOCALLY OWNED, MINORITY OWNED, FEMALE OWNED AND SMALL BUSINESSES The Grantee/Subrecipient shall make and document efforts to solicit participation of locally owned, minority owned, female owned and small businesses. Where 6 feasible, evaluation criteria will include a factor with an appropriate weight for these firms. A list of locally owned, minority owned, female owned and small businesses and also minority businesses located within the trade region shall be maintained and utilized when issuing IFBs, RFPs and RFQs. The Grantee/Subrecipient shall also consult this list when making small purchases. VI. SECTION 3 Grantee/Subrecipient shall abide by its Section 3 action plan and shall, to the maximum extent feasible, as required by 24 CFR Part 135, award contracts to businesses that provide economic opportunities for low and very low-income persons residing in the project area. VII. CODE OF CONDUCT A. CONFLICTS OF INTEREST In addition to the prohibitions set forth in 24 CFR 570.489(h) and 24 CFR 85.36(b)(3), the following prohibitions shall apply: It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge: (a) He, or any member of his immediate family has a financial interest therein; or (b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or (c) Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity. (2) It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, 7 rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor. (3) It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. (4) The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor. (5) It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person. B. PENALTIES Any elected official, employee or designated agent of the Grantee/Subrecipient who knowingly and deliberately violates the provisions of this code will be open to civil suit without the legal protection of the Grantee/Subrecipient. Furthermore, such a violation of these procurement standards is grounds for dismissal by the Grantee/Subrecipient. Any contractor or potential contractor who knowingly and deliberately violates the provisions of these procurement standards will be barred from future transactions with the Grantee/Subrecipient. ADOPTED THIS 25th DAY OF AUGUST, 2020. ______________________________________ Brandi Harless, Mayor Legally Binding Agreement This agreement entered into this 25th day of August, 2020, by and between the City of Paducah, hereinafter referred to as the Recipient, and Four River Behavioral Health, LLC., hereinafter referred to as the Participating Party. This agreement is being executed in two original contracts, each of which is deemed an original. WHEREAS, the Recipient has entered into a Grant Agreement with the Commonwealth of Kentucky, Department of Local Government, and WHEREAS, the payment of funds to the Recipient under the terms of the Grant Agreement is contingent upon the Participating Party contracting to undertake certain responsibilities , and WHEREAS, the funds made available under the terms of the Grant Agreement will directly benefit the Participating Party, In accordance with the term of this agreement, for and in consideration of the sum of $200,000, that $197,500 will be paid to the Participating Party and Recipient shall retain $2,500 for grant administration services, and in further consideration of the mutual promises and covenants hereinafter contained , IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Recipient and Participating Party do hereby agree to carry out and perform all of the activities required of it under the terms and conditions of the Grant Agreement, which agreement is incorporated herein by reference as if copied in full. The Recipient agrees as follows: a) Coordinate the Request for Payment to ensure consistency with the State Account procedures establish for the KCDBG program. Administration and draw-down of grant funds and their expenditures on eligible activities. b) Ensure the acceptable financial management system as it pertains to finances of the KCDBG program. An acceptable systems includes, but is not limited to, cash receipts, and disbursement journal and accompanying ledgers, the cash control register, and should conform to generally accepted principals of municipal accounting. c) Establish project files. These must demonstrate compliance with all applicable Federal, State and local regulations. Monitor project files throughout the program to ensure they are complete and that all necessary documentation is being retained in the Participating Party’s files. d) Prepare periodic reports as it may the state of Kentucky requests pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contact. To perform project activities as enumerated in Exhibit B of the Grant Agreement and as enumerated below: a) The Recipient shall provide the Participating Party with CDBG Funds for Center Point Recovery Center for operational costs, which are limited to salaries. b) The Recipient shall ensure that the participating Party implements the social recovery program model as outlined in the Recovery Kentucky Guidelines and application. c) The Recipient shall ensure that the Participating Party meets the National Objective of 51 percent low and moderate –income (LMI) benefit during the CDBG funding period. d) The Recipient shall ensure that the Participating Party meets all reporting requirements regarding client income data and expenditure of CDBG funds. The Participating Party agrees as follows: a) Participating Party shall provide alcohol and drug recovery services in a social model setting. These programs and services include housing, detox, life skills, and other educational classes. b) Participating Party shall assure and grant access to employment records by the Recipient and the Commonwealth of for the sole purpose of confirming compliance with job requirements set forth in Exhibit A and CDBG benefit requirements. c) Participating Party shall assure that the recapture of CDBG funds will be deposited in a Revolving Fund Account (RF). Recaptured funds will be used for activities set forth in the application dated July 14, 2020. The Participating Party shall assure compliance with proper accounting and reporting requirements related thereto. The Participating Party shall obtain project approval from the Recipient for the expenditure of funds as specified in the RF document. d) To maintain for a period of five years following project closeout all financial records and documents relative to disbursement of any CDBG or other funds identified in and required by the Grant Agreement. Such records include, but are not limited to, ledgers, bank statements, contracts, invoices and reports. e) To grant access to inspect , copy, audit and examine at all reasonable e times employment and financial records to any duly authorized representative of the Commonwealth, HUD, Inspector General and General Accounting Office of the United States, for a period of up to five years following completion of the close out. f) To comply with all State and Federal laws and regulation pertinent to the project. The Participating Party further agrees to the following terms and conditions: a) That no transfer of grant funds by the Recipient to the Participating Party shall be or be deemed an assignment of grant funds, and that the Participating Party shall neither succeed to any rights, benefits, or advantages of the Recipient under the terms of the hereinabove described Grant Agreement nor attain any rights, privileges, authorities or interest in or under the said agreement. b) That the Participating Party acknowledges nothing contained in the said agreement , nor is any contract between the parties hereto, nor any act of the Commonwealth, the Recipient or any other party shall deemed or construed to create any relationship or third-party beneficiary, principal and agent, limited or general partnership, or joint venture, or any association or relationship involving the Commonwealth. c) That the Recipient shall not be liable to the Participating Party or any party except the Commonwealth, for the completion of , or the failure to complete, any activities which are a part of the project herein contemplated, except those specified in Exhibit B, of the said Grant Agreement. d) None of the Participating Party’s agents, members, officers , subcontracts, or proceeds thereof, for work to be performed in connection with the project herein contemplated at any time during or after such person’s tenure with the Participating Party. e) The obligations of the parties are totally contingent upon the obtaining of a Release of Funds from the Department of Local Government and no project activities other than environmentally exempt activities may occur until the release is achieved. f) Recipient, Participating Party agree and accept that all applicable previsions of the Grant Agreement are incorporated into and made a part of this Legally Binding Agreement, including that the Four Rivers Behavioral Health and CenterPoint Recovery Center facilities will at no time be utilized for general government purposes. Legally Binding Agreement This Agreement being formally adopted this 25th day of August, 2020: Recipient: _________________________________ _______________________________________ Brandi Harless, Mayor Glenn D. Denton, Recipient Attorney State of Kentucky County of McCracken Subscribed, sworn to and acknowledged before me by __________________________________, ____________________ by and through resolution, on this _________ day of __________, 2020. Title My Commission Expires: ___________________________________ __________________________________ Notary Public Participating Party: _____________________________________________ Terry Hudspeth, President/CEO State of Kentucky County of McCracken Subscribed, sworn to and acknowledged before me by ____________________________, ______________ by and through resolution , on this _____________ day of ______________, 2020. Title My Commission expires: ___________________________________ _____________________________ Notary Public RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN Four Rivers Recovery Center (Recovery Kentucky) The City of Paducah will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than a low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.496a(c). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, City of Paducah will make public and submit to the Department for Local Government the following information in writing: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than a low/moderate income dwelling unit as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. City of Paducah will provide relocation assistance, as described in 570.496 a(c), to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, City of Paducah will take the following steps to minimize the displacement of person from the homes: THERE WILL BE NO DISPLACEMENT OR RELOCATION ACTIVITIES AS A RESULT OF THE FOUR RIVERS RECOVERY CENTER PROJECT. Adopted by the City of Paducah this 25th day of August, 2020. _____________________________________ Brandi Harless, Mayor ATTEST: _____________________________ Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Approve Flood Pump Station #2 Rehabilitation Construction Rebid Award in an amount of $4,500,000 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Kyle Guthrie, HDR, Sheryl Chino, HDR Presentation By: Rick Murphy Background Information: On May 3, 2018, the City of Paducah entered into a construction contract with Huffman Construction, LLC for the Pump Station #2 Rehabilitation Project as authorized by Ordinance 2018- 04-8523. On March 13, 2020, HDR Engineering on behalf of the City of Paducah issued a stop work order to Huffman Construction for work on the Pump Station #2 Rehabilitation project due to non-responsiveness on the part of Huffman Construction to inquiries regarding non-payment of vendors. On May 6, 2020, the City notified Huffman Construction of a declaration of default through letter prepared by David Kelly as legal counsel to the City. The City subsequently terminated the contract with Huffman Construction through ratification by the Paducah Board of Commissioners of Ordinance 2020-05-8638 on May 26, 2020. On July 28, 2020, the Engineering Department opened bids for the Flood Pump Station #2 Rehabilitation project. Three (3) bids were received as follows: CJ Mahan Construction Company, LLC: $4,392,300.00 Pace Contracting, LLC: $4,500,000.00 Crowder Construction Company: $4,743,000 CJ Mahan's bid was rejected after being considered non-responsive due to an exclusion statement being included in their bid proposal on a lump sum bid. Pace Contracting's bid was the next lowest and as such is considered the lowest responsive bid. It is imperative that the City finalize the construction contract and get the project moving forward as quickly as possible. Pump Station #2 is currently at 50% of its maximum capacity and the lead time for the replacement pumps is 32-36 weeks. Work must be performed during July-August of 2021 due to Ohio River stages. HDR Engineering, the Design Engineer of Record, vetted each bid for responsiveness and compliance with grant authorities and to ensure all bid components were accurately submitted. After careful consideration, HDR Engineering recommends Pace Contracting, LLC be awarded the project on the basis that Pace Contracting is the lowest responsive bidder as well as has similar project experience, capacity to perform the project scope and the necessary resources to deliver a successful project. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-2: Continue implementation of the USACE/City of Paducah $32M Local Flood Protection Project (LFPP) Restoration Funds Available:Account Name: Pump Station #2 Rehab Account Number: FW0014 Staff Recommendation: Authorize the Mayor to execute a contract with Pace Contracting, LLC in the amount of $4,500,000.00 and authorize the Mayor to sign all necessary documents that correspond to the contract. Attachments: 1.Ordinance 2.Paducah PS #2 contract_Pace 3.Paducah PS #2 Bid Evaluation Letter 4.Paducah Pump Station #2 Rejection of Bid Letter_8.12.20 5.CJ Mahan Proposal - Signed 6.Pace Bid Proposal - Paducah PS #2 Rebid 7.FPS #2 Bid Crowder Construction 07.28.20 ORDINANCE 2020-______-________ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH PACE CONTRACTING, LLC, IN THE AMOUNT OF $4,500,000, FOR THE PUMP STATION #2 REHABILITATION PROJECT, AUTHORIZING THE EXECUTION OF ALL RELATED DOCUMENTS AND DECLARING AN EMERGENCY TO EXIST WHEREAS, on May 3, 2018, the City of Paducah entered into a construction contract with Huffman Construction, LLC for the Pump Station #2 Rehabilitation Project as authorized by Ordinance 2018-04-8523; and WHEREAS, on March 13, 2020, HDR Engineering on behalf of the City of Paducah issued a stop work order to Huffman Construction for work on the Pump Station #2 Rehabilitation project due to non-responsiveness on the part of Huffman Construction to inquiries regarding non-payment of vendors; and WHEREAS, on May 6, 2020, the City notified Huffman Construction of a declaration of default through letter prepared by David Kelly as legal counsel to the City. The termination of the contract with Huffman Construction was ratified by the Paducah Board of Commissioners by Ordinance 2020-05-8638 on May 26, 2020; and WHEREAS, on July 28, 2020, the Engineering Department opened bids for the Flood Pump Station #2 Rehabilitation project; and WHEREAS, HDR Engineering recommends Pace Contracting, LLC be awarded the project on the basis that Pace Contracting is the lowest responsive bidder and the understanding Pace Contracting is capable of performing the project scope and necessary resources to deliver a successful project; and WHEREAS, lead times for the replacement pumps is 32-36 weeks and work must be performed during July-August of 2021 due to Ohio River stages. NOW THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. That the City of Paducah accepts the bid and hereby authorizes and directs the Mayor to execute a contract on behalf of the City with Pace Contracting, LLC in an amount of $4,500,000, for the Flood Pump Station # 2 Rehabilitation Project said bid being in substantial compliance with the bid specifications, and as contained in the bid of Pace Contracting, LLC, dated July 28, 2020. The expenditure shall be charged to Pump Station #2 Rehab Project Account # FW0014. SECTION 2. Emergency Declared. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist due lead time for ordering replacement pumps and the need for the work to be performed in July-August of 2021. At present, the pump facility is at 50% its maximum capacity and the lead time for ordering replacement pumps is 32-36 weeks in advance. The work necessary to complete the project will need to be performed in the July-August of 2021 time frame due to the impact of the Ohio River stages. Any delay in retaining a contractor could impact this time frame so that the project would not be able to be completed until the July-August 2022 time frame if the contractor is not retained forthwith. SECTION 3. Effective Date. This ordinance shall become effective immediately upon its adoption by affirmative vote of 2/3 or more of the legislative body. ______________________________ Brandi Harless, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Introduced & Adopted by the Board of Commissioners ____________________ Recorded by Lindsay Parish, Paducah City Clerk, ______________________ Published by The Paducah Sun, _____________________ ORD\Eng\Emergency- Flood Pump Station #2 Rehab – Pace Contracting 8-2020 Contract Form 1 XII. Contract Form THIS AGREEMENT, made this day of August , 2020 , by and between City of Paducah , Herein called “Owner,” (Corporate Name of Owner herein through its , and Pace Contracting, LLC STRIKE OUT (a corporation) (a partnership) (limited liability company) INAPPLICABLE (an individual doing business as TERMS of Louisville , County of Jefferson , and State of Kentucky hereinafter called “Contractor” This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, both as to interpretation and performance, as it made and entered into in the Commonwealth of Kentucky. Venue for any legal action brought to enforce any provision of this Agreement or based upon or arising out of this Agreement shall exclusively be in the state courts of McCracken County, Kentucky, and the parties hereto irrevocably agree to submit to the personal jurisdiction of any such court. In the event of breach or default, the City of Paducah shall be entitle to recover and costs and expenses incurred in enforcing this Agreement, including any court costs, expenses, and reasonable attorney fees. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction as described as follows: Flood Pump Station #2 Rehabilitation Project hereinafter called the project, for the sum of Four Million Five Hundred Thousand dollars ($4,500,000) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by HDR Engineering, herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the OWNER and to fully complete the project within 527 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 500.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions Contract Form 2 of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor,” of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. City of Paducah (Seal) ATTEST _____________________________ (Owner) BY __________________________ (Secretary) (Witness) (Title) (Seal) Pace Contracting, LLC (Contractor) By (Secretary) (Witness) (Title) (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Contract Form 3 hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 August 4, 2020 Rick Murphy, P.E. City of Paducah 300 South 5th Street Paducah, KY 42003 RE: Bid Evaluation and Justification – Flood Pump Station #2 Rehabilitation Re-Bid Dear Mr. Murphy: The bids for the Re-Bid of Flood Pump Station #2 Rehabilitation project were submitted and opened on July 28, 2020. The following three (3) bids were received: CJ Mahan Construction Company, LLC $4,392,300.00 Pace Contracting, LLC $4,500,000.00 Crowder Construction Company $4,743,000.00 Bid Tab Review In review of the three (3) bids the numbers are relatively close only a 8% difference between the low bid from CJ Mahan Construction Company, LLC and the high bid from Crowder Construction Company. Further review showed that almost all the bid items, defined in Table 1, were consistent in price indicating that all three (3) Contractors understood the project parameters. Below is a breakdown comparison of Table No 1 supplied in each Contractor’s Bid. Table 1 No. 1 Summary Construction Category Pace Crowder CJ Mahan Removal (Pumps #3 &#5)$24,000 $27,000 $34,750 New 90,000 GMP Pumps (Pumps #3&#4)$1,077,000 $984,000 $1,319,800 New 50,000 GMP Pumps (Pumps #5&#6)$779,000 $681,000 $916,100 Motor Rebuild (Pumps #2 200 HP)$76,000 $40,000 $92,750 Motor Rebuild (#3&#4 800 HP)$196,000 $186,000 $198,750 Submersible Pump (Pump #1)$89,000 $45,000 $105,000 MH #24 Sluice Gate &Electric Actuator $133,000 $88,000 $119,000 Roof Work $123,000 $143,000 $153,500 Demo/Installation Discharge Piping $836,000 $1,199,000 $1,426,150 Cathodic Protection $32,000 $22,000 $26,500 hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 Bid Conformance All three (3) Contractors have provided the following items accompanying their Bids: Bid Bond Certification of Equal Employment Opportunity Certification of Bidder Contractor Section 3 Plan Reference Checks All three (3) Contractors provided references showcasing projects of similar size and scope, specifically with comparable elements with those listed below: Civil/Site work associated with Large Diameter Piping Mechanical work associated with Vertical Column Pumps Experience working with Flood Protection Facilities Based on review of these references, it is the Engineer’s opinion, all three (3) Contracts are capable of handling the scope of work associated with the project. Supplemental Information CJ Mahan Construction Company, LLC provided a supplemental attachment within their bid. Include in this document were “Assumptions” and “Exclusions” they made in preparation of their Lump Sum Bid. Of specific concern is Item 1 under Exclusions detailed below: “Contractor has excluded repair of concrete roof from pricing. Once the existing roof is removed and field measurements are taken, pricing will be submitted to the City for approval.” It is the Engineer’s opinion, based on this statement, that any work for the concrete roofing repair is not included in their Lump Sum Bid and its cost inclusion will be requested at later date through a Change Order request. This type of corresponds is not customary nor consistent with Lump Sum Bidding practices. hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 Recommendation Under Section III. Information for Bidders Item No. 5 Contractors are directed “to provide a lump sum bid for work consisting of Rehabilitation of Flood Pump Station #2 and associated levee/discharge piping work.” By definition a Lump Sum Bid shall include the cost for the project in its entirety based on plans and specifications, unless noted or designated differently by the Owner/Engineer. The repair of the concrete roof was never noted for exclusion from the Lump Sum Bid. In fact, the following Q&As were provided during the bidding period further cementing that associated costs should have been included: Q#15: General Note #7 on Sheet X004 says, “The costs associated with concrete repair and sealing of exposed rebar repair shall be included in the contractors bid. No additional payment will be made for these items.” Will there be unit price items for specific concrete repair methods on the Bid Form? A#15: No. Q#59: From our site visit pictures, it appears that the concrete ridge beams have been removed at the one roof opening where the corrugated skylight was removed and replaced with a temporary cover. Is the Contractor expected to form and pour new ridge beams and if so, please provide details of what is required? A#59: Yes As Builts of the PS depicting this beam have been supplied on OneDrive. If the Contractor has another idea they may bring this forward upon Notice of Award. By clearly stating that the Lump Sum Bid omits a portion of the required scope or work outlined in the Contract Documents, and inferring that the Contractor will seek it’s inclusion at a later date through a Change Order is grounds for deeming this Bid Non- Responsive. For this reason the Engineer’s recommendation it proceed with awarding the Contract to the second (2nd) lower bidder, Pace Contracting, LLC in the Lump Sum amount of $4,500,000.00. Please let me know if you have any questions comments or need additional information. Sincerely, Kyle Guthrie, P.E. Associate Vice President Bid for Lump Sum Contracts 11 BASE PROPOSAL: Bid Schedule Description Lump Sum Price Words Figures Flood Pump Station #2 Rehabilitation ______________________ ______________________ ______________dollars and _____________ cents $______________________ In case of discrepancy, the amount shown in words will govern. Owner will award Contract(s) based on Bid Schedule Lump Sum Prices provided. The Construction Categories listed in Table No. 1 correspond to those provided in the Contract Document specifications for work included. Bidders shall fill in lump sum amounts for the Construction Categories. These Categories do not include all applicable work within the project and are not intended to sum up to aggregate price provided in the Bid Schedule. ALLOWANCE: An allowance has been allotted for items listed below as indicated by the contract drawings. If deemed necessary through written instructions from the architect/engineer, the following allowance will be allocated to be utilized: 1. Asbestos Removal $ 10,000.00 The following allowance will be applied to Contractors Base Bid Proposals. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of ($ ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: Certification of Bidder Regarding Equal Employment Opportunity 15 Table No. 1 Construction Category Price (Figures) Removal (Pumps #3 & #5) $ New 90,000 GMP Pumps (Pumps #3 & #4) $ New 50,000 GMP Pumps (Pumps #5 & #6) $ Motor Rebuild (Pump #2 – 200 HP) $ Motor Rebuild (Pumps #3 & #4 – 800 HP) $ Submersible Pump (Pump #1) $ MH #24 Sluice Gate & Electric Actuator $ Roof Work $ Demo/Installation Discharge Piping $ Cathodic Protection $ Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Approve the Rezoning of 2.96 acres at 401 Walter Jetton Blvd - T TRACY Category: Ordinance Staff Work By: Josh Sommer, Tammara Tracy Presentation By: Tammara Tracy Background Information: On August 3, 2020 the Planning Commission heard, discussed, and recommended approval of the application to rezone 2.96 acres from the R-3 district to the B-3 district located at 401 Walter Jetton Boulevard. The site is the former Walter Jetton High School that would be renovated and reused for 60 residential units being 1- and 2-bedrooms in size, and a community service facility for arts administration, education and training in Symphony Hall and the former library. Two arts organizations would be operating the community service portion of the facility. The Planning Commission found that the rezoning was appropriate with one condition: not allow automotive uses of any type in the future. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): N-2 Encourage, incentivize, and/or support more housing options throughout the City C-2 Recognize, promote and encourage creative industry growth Funds Available:Account Name: Account Number: Staff Recommendation: Approve Attachments: 1.Ordinance 2.Staff Report 3.Petitioners Presentation 4.Parking information 5.Paducah School District Parking Agreement 6.Paducah Parks Dept LOI 7.Resolution ORDINANCE NO. 2020-_____-_______ AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FOR PROPERTY LOCATED AT 401 WALTER JETTON BOULEVARD FROM R-3 (MEDIUM DENSITY RESIDENTIAL ZONE) TO B-3 (GENERAL BUSINESS ZONE) BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That a Resolution passed by the Paducah Planning Commission on August 3, 2020, and entitled, “THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-3 (MEDIUM DENSITY RESIDENTIAL ZONE) TO B-3 (GENERAL BUSINESS ZONE) FOR PROPERTY LOCATED AT 401 WALTER JETTON BOULEVARD,” be approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That the zone classification and the map amendment proposed in said resolution be and the same are hereby declared to be in agreement with the Comprehensive Plan of the City of Paducah. SECTION 3. That the zone classification of the following described properties be changed from R-3 to B-3: Being at the Intersection of the centerline of the 100' Right-Of-Way of Walter Jetton Boulevard and the centerline of the 30' Right-Of-Way of Bronson Avenue; Thence with the centerline of Bronson Avenue S 26°00'00" W a distance of 339.12' to the intersection with the centerline of the 50' Right-Of-Way of Gould Street; thence with the centerline of Gould Street N 26°00'00" W a distance of 377.20' to the intersection with the centerline of the 50' Right-Of-Way of Clark Avenue; thence with the centerline of Clark Avenue N 26°00'00" E a distance of 339.12' to the intersection with the centerline of the 100' Right-Of-Way of Walter Jetton Boulevard; thence with the centerline of Walter Jetton Boulevard S 26°00'00" E a distance of 377.20' to the point of beginning, containing an area of 127,916 square feet (2.94 acres). SECTION 4. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, August 11, 2020 Adopted by the Board of Commissioners, _______________________ Recorded by Lindsay Parish, City Clerk, ________________________ Published by the Paducah Sun, _____________________________ \ord\plan\zone\401 Walter Jetton R-3 to B-3 STAFF REPORT PADUCAH PLANNING COMMISSION ZON General Vicinity Map APPLICATION I NFORMATION GENERAL SITE I NFORMATION CURRENT ZONING R-3 Medium Density Residential Zone CURRENT LAND USE Multi-family COMPREHENSIVE PLAN Commercial CURRENT IMPROVEMENTS Historic school building FLOODPLAIN No PUBLIC UTILITIES Power, gas, water PUBLIC SERVICES Storm sewer, Paducah Fire, Paducah Police SURROUNDING AREA I NFORMATION SURROUNDING ZONING SURROUNDING LAND USE NORTH R-3 Single-family SOUTH R-3 Single-family EAST B-3 Commercial & single-family WEST R-3 Sports field SITE HISTORY The site is 2.04 acres and is improved with a masonry building originally built as a high school, now partially used for 29 residential apartments. ADDRESS 401 Walter Jetton Boulevard CASE NO. ZON2020-064 & VAR2020-065 OWNER The Jetton Schoolhouse Limited Partnership APPLICANT Marian Development Group AGENT --- REQUEST Zone change from R-3 Medium Density Residential Zone to B-3 General Business Zone & variance of parking standards STAFF REPORT (continued) page 2 of 2 Vicinity Map Zone Map STAFF REPORT (continued) page 3 of 3 CONSIDERATIONS The Petitioner requests to rezone the 89,061 square foot (2.04 acres) lot from R-3 Medium Density Residential Zone to B-3 General Business Zone to adaptively reuse the historic school building. The building is proposed to contain 60 apartment units, a venue for the Paducah Symphony Orchestra and artist set-up, intermittent retail and studio space. STATUTORY REQUIREMENTS KRS 100.213 “Before any map amendment is granted, the planning commission or the legislative body or fiscal court must find that the map amendment is in agreement with the adopted comprehensive plan, or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the legislative body or fiscal court: (a) That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; (b) That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area. “ The proposed rezoning to B-3 General Business Zone is in compliance with the City of Paducah Comprehensive Plan. Future Land Use Map STAFF REPORT (continued) page 4 of 4 SITE DESIGN The building is proposed to house 40 one-bedroom apartment units and 20 two-bedroom apartment units. Symphony Auditorium and the former library would be renovated into a community service facility providing administrative offices, education and training spac es, and performance space for two arts organizations. Symphony Auditorium currently contains approximately 1,020 seats; however the number of seats will be reduced upon renovation and to create other spaces. The Paducah Symphony Orchestra (PSO) would be one of the arts organizations, using space for their administrative offices and the hall as a secondary performance space. The Carson Center would still be the PSO primary performance venue. A second arts organization is also proposed to occupy and program the space. The purpose of the zone change petition is to allow this unique combination of uses. These types of land uses are all permitted in the B-3 General Business Zone, of which the east side of Walter Jetton Boulevard is zoned. This is an example of an adaptive reuse: reimagining a historic property as a new use to fit the modern business climate and housing needs. With the change to a modern business climate and housing needs comes the need to accommodate modern parking demands as well. In the past, students would walk to school. However, parking is now required for the aforementioned uses. PARKING VARIANCE REQUEST VAR2020-065 The Planning Commission has the authority to hear and decide variances when submitted as part of a rezoning request, pursuant to Section 126-176 (e) of the Paducah Zoning Ordinance. Further, in Section 126-71(j), the Planning Commission is authorized to adjust requirements for mixed use projects to take advantage of differences in the timing of parking demand. The petitioner has submitted a parking variance for the Commission’s consideration. Staff has calculated the off-street parking requirements to be 471 spaces needed for the tenant spaces, performance venue and artist space. The petitioner, who has significant experience in adaptive reuse of historic properties, has submitted a parking analysis supporting the request to reduce the number of off-street parking spaces required to 179 spaces. This is a total reduction request of 292 parking spaces. Based on one space for every three seat, the Symphony Auditorium would require 340 spaces. Symphony Auditorium currently contains 1,020 seats. The Petitioner has requested a reduction of 240 spaces to 100 spaces provided. This equates to approximately one space for every 10 seats. The PSO indicates they would need approximately 300 seats three times a month. However, there is the possibility of Symphony Auditorium selling out twice a year. The Petitioner would be willing to seek a shared use agreement with the McCracken County Courthouse two blocks away in the event of Symphony Auditorium selling out. Based upon STAFF REPORT (continued) page 5 of 5 their staffing and programming activities, the PSO has indicated that 11 spaces would be needed on a daily basis. PARKING DEMAND Required Off-street spaces by Ordinance Petitioner’s Analysis Community Service Facility Performance area 1 space/ 3 seats = 1,020/3 = 340 Regularly scheduled use 300 seats / 3 = 100 Administrative offices 1 space / 222 sf = 2 Arts educational area 1 space/300 sf = 2,600/300 = 9 1 space/300 sf = 2,600/300 = 9 60 residential units 2 spaces / unit = 120 1 sp / 1BR unit = 40 x1 = 40 1.5 sp / 2BR unit = 20 x1.5 = 30 Total 471 spaces 179 spaces The artist space would require nine spaces based on one space per 300 square feet. The artist space would contain 2,600 square feet. However, for daily operations, in conjunction with the PSO, the Petitioner has also determined that 20 spaces would be needed for both the PSO and the artist space: eleven spaces would be required for the PSO operations described above and nine spaces for the artist space. The apartments would by ordinance require 120 spaces, based on two spaces per unit. The building is proposed to contain 40 one-bedroom apartments and 20 two-bedroom apartments. The Petitioner has requested the number be reduced to 70 spaces, based on one space per each one-bedroom apartment and 1.5 spaces for each two-bedroom apartment. The Petitioner has drawn upon their experience in metropolitan areas and best practices to determine that 70 spaces would be sufficient. The Petitioner has further stated public transit is available and is currently being utilized by the existing residents. The Jetton Schoolhouse is currently on the Green Line of the Paducah Area Transit System. The PATS trolley currently stops at the Jackson House, which is one block away. The Petitioner reasons that many of the current tenants will move back into the Jetton Schoolhouse after renovation and the new tenants will have similar incomes and transportation needs. Bike racks are also being proposed in support of an alternative method of transportation. There is a discrepancy in parking shown on the site plan and on the parking proximity map. For the purposes of discussing the parking waiver, staff has utilized the parking proximity map as it references lots and the number of potential parking spaces. Nine ADA spaces are proposed to be constructed on-site. The Petitioner is proposing parallel parking on one-side of the street along Clark Street and Bronson Avenue that surround the site, and both parallel and perpendicular parking along Gould Avenue yielding 44 spaces. STAFF REPORT (continued) page 6 of 6 PARKING SUPPLY Notes Off-street spaces within 400’ of site 42 spaces On-site 9 ADA spaces Gould Lot (by agreement) 33 spaces Off-street spaces over 400’ away City Park lot (by agreement) 47 spaces On-street spaces 174 spaces Walter Jetton Blvd 71 spaces Gould Ave 27 spaces Reduce by 10 for maneuverability Bronson St 7 spaces Clark St 10 spaces Other streets in area 59 spaces Reduce by 18 for existing residents Totals 263 spaces Net 245 spaces A total of 130 spaces are identified on Walter Jetton Boulevard and surrounding streets. However, staff has some initial concerns. Residents living on the west side of Walter Jetton Blvd on the next block north, have no rear access to their properties. Neither do the residents on the north side of Clark Street across from the school or the one home on South 11 th Street. On-street parking is necessary for a total of nine homes in these three blocks. This proposed plan does not consider existing residents parking needs. If each residence has two cars, a reasonable reduction of 18 on-street spaces can be made. Further, Staff has concerns regarding the parking on Gould Avenue. Gould Avenue has a 50’ Right-of-Way and both parallel and 90-degree parking is proposed. Seventeen spaces are proposed. However, in accordance with the zoning ordinance, the 90-degree spaces must be a minimum of 18’ long with a 24’ back up space. This only leaves 8’ for the parallel parking, which does not meet the minimum width of 10’ as required by 126 -71 (g) (8) (c) (4). Therefore, approximately 10 spaces would be lost, bringing the number of on-street spaces to 146. The Petitioner has reached an agreement with the Paducah City Schools Board of Education to utilize the lot known as the Gould lot. This lot contains approximately 33 spaces. A total of 106 spaces can be utilized for on-site parking, parking along Gould Avenue, in the Gould Avenue lot and in the Parks Department lot. As a note, the Parks Department lot is outside of the 400’ radius as required by the Paducah Zoning Ordinance; however, this is a unique situation which would need special attention to reasonable, available parking opportunities. With the aforementioned reduction in spaces, a total of 2 45 parking spaces can be accommodated with street parking, on-site parking, the Gould Avenue parking lot and the Parks parking lot. This number is above the parking demand number of 179 parking spaces. STAFF REPORT (continued) page 7 of 7 Notable considerations include the fact that the everyday usage of the site under the proposal would generate parking demands that are easily accommodated. It is the special event element that would potentially strain parking supply to which the applicant has demonstrated a reasonable response. Secondly, the site regardless of any use can only provide a token amount of parking on-site. Staff acknowledges and appreciates the adaptive reuse of this historic structure. Staff also understands that for a feasible project to work with available funding sources, sometimes standards must be deviated from so long as the project will not have a dramatic negative impact to the neighborhood. Because of the structure’s historical significance to the City of Paducah , the fact that most of the nearby homes have alley or street access to the rear of their properties or can be afforded on-street accommodation, and the PSO programming of only two potentially sell-out events, staff recommend approval of the parking variance. PADUCAH COMPREHENSIVE PLAN The Comprehensive Plan shows not only this parcel, but the parcels around it as well, to change to commercial uses over time. Goals of the City of Paducah Comprehensive Plan are:  Increase the rate of population growth above those of projections and trends analysis.  Provide for adequate land to support more than 30 years of residential development. Ensure a wide range of community character types that provide attractive residential opportunities for a full range of life styles and incomes.  Manage growth to reduce the cost of supporting new development with costly infrastructure and services. The proposed apartments are supported by these goals, in addition to being supported by the Future Land Use Map. Infill development would further these goals by utilizing more fully our existing infrastructure (streets, sewer, drainage, etc.), provide a unique housing choice and it provides housing close to downtown which enhances the downtown core economy. The return to Symphony Auditorium by the PSO would be an event filled with nostalgia. The PSO was founded in 1979 and a return to their original venue, in a secondary capacity, would enhance and solidify this facet of Paducah’s history by providing much needed space for practice, lessons and administrative functions. As an arts community, the retention and expansion of the arts is paramount to the culture of Paducah. A goal in the Comprehensive Plan, with supporting objectives, speaks to this aspect: Goal: Link economic development initiatives and quality-of-life initiatives together.  Sustain and enhance existing community character. STAFF REPORT (continued) page 8 of 8  Continue leveraging character to expand the tourism sector.  Encourage the use and adaptive reuse of historic and other buildings for both commercial and residential use. EXCERPT FROM THE PADUCAH ZONING ORDINANCE SECTION 126-109. GENERAL BUSINESS ZONE, B-3. The purpose of this zone is to provide an area for high intensity commercial activity of a wholesale nature and to ensure easy highway access for such uses. (1) Principal permitted uses. a. Any use permitted in the B-2 zone b. Wholesale establishments c. Automotive equipment sales and repair d. Laundry and dry-cleaning establishments e. Light industrial operations (as approved by the Planning Commission according to degree of objectionable smoke, noise, odor, glare, vibration and heavy freight traffic generation). (2) Minimum yard requirements. None. (3) Minimum area requirements. None. (4) Maximum building height. None. (5) Screening requirements. See section 126-72. (6) Parking requirements. See section 126-71. STAFF REPORT (continued) page 9 of 9 STAFF RECOMMENDATION Because parking can be reasonably met and the Comprehensive Plan supports the rezoning of the property, staff is recommending approval. However, as properties change over time, the protection of this area of Paducah is important as it is on the edge of a single-family neighborhood and makes a transition to the commercial uses along Kentucky Avenue. For this reason, staff would further recommend a condition be placed on the rezoning to not allow automotive uses at any point in the future, due to outdoor display, light spillover and potential noxious uses next to the neighborhood. Looking northeast into the site Looking northwest into the site Looking northeast into the site Looking northwest into the site STAFF REPORT (continued) page 10 of 10 Based upon the above, staff recommends the following motion: I move that the Planning Commission recommend to the City Commission case ZON2020-064 pertaining to 401 Walter Jetton Boulevard be rezoned to the B-3 zoning classification. I further move the following findings of fact be adopted:  The use of multi-family; symphony venue and artist space are found in the B-3 Zone;  The proposed rezoning to the B-3 Classification is in compliance with the City of Paducah Comprehensive Plan.  The parcels around this site are proposed to change to commercial uses over time as shown on the Future Lane Use Map;  The uses proposed in the building are supported by the City of Paducah Comprehensive Plan Goals and Objectives.  The school building is proposed to be adaptively reused, thereby providing infill development, enhancing the downtown economy and adding population to the City of Paducah as a whole. I further move that a condition be placed on this rezoning to not allow automotive uses of any type in the future; and I further move that a parking waiver variance be granted to reduce the required number of parking spaces from 471 spaces to 179 spaces based on the following findings of fact:  Reasonable on-street parking can be provided 400 feet from the property;  Nine homes that require on-street parking can be accommodated;  Most existing homes are served by existing alleys or streets to the rear of the properties;  The Parks Department has entered into an agreement to allow the usage of the Midtown Golf Course parking lot as overflow parking;  The City of Paducah Board of Education has entered into an agreement to allow the usage of the Gould Avenue parking lot as overflow parking;  The Paducah Symphony Orchestra anticipates only requiring 300 seats for most of it’s performances;  The apartments consist of 40 one-bedroom apartments and 20 two-bedroom apartments, thereby reducing the need for vehicular parking;  The site is on the Green Line PATS route and also the PATS trolley stops at the Jackson House, one block away Jackson HouseSchool Soccer FieldMaint.Annex City ParkLot (47)Soccer LotBus Maintenance Staff Lot (33)GRAVELGRAVELMidtown Park Golf & Disc GolfGarageCourthouse Lot (300+/-)SITESITE400 FEET400 FEET400 FEETWB SandersGould Lot(33)7 ADA 2 ADAClark StAdams StWashington StOscar Cross AveSouth 9Th StSouth 8Th StWalter Jetton BlvdSouth 11Th StSouth 12Th StWalter Jetton BlvdStaff Exhibit: Parking in Nearby Area200 0 200100 Feet4Document Path: R:\Planning\55 GIS\Land Use\Base Map -- Exhibits.mxdTime: 5:21:52 PMSolid Red outline = available by parking agreementDotted Red outline = public parkingBrown Dotted line = 400' distance from edge of site Tan = buildings Agenda Action Form Paducah City Commission Meeting Date: August 25, 2020 Short Title: Amend Code of Ordinances Section 26-31 and Section 26-34 related to Oak Grove Cemetery - L PARISH Category: Ordinance Staff Work By: Claudia Meeks, Lindsay Parish Presentation By: Lindsay Parish Background Information: The City Clerk's office (in collaboration with the Paducah Parks Department) oversees the creation of deeds for plots in Oak Grove Cemetery. This ordinance cleans up certain wording in the ordinance to clarify the definition of a deed within this context. In order to align with best practices and to clarify wording, this ordinance defines the word "deed" as a document or instrument which conveys a license use and access for sepulchre only, and does not convey a fee interest in the land of the lot. This change is part of a larger initiative to update the process of plot sales for Oak Grove Cemetery. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.Ordinance ORDINANCE NO. 2020-___________________ AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah owns Oak Grove Cemetery, pursuant to KRS 97.530; WHEREAS, lots and vaults in Oak Grove Cemetery are sold for burial or sepulchre, however the land in Oak Grove Cemetery is still owned and maintained by the City of Paducah; WHEREAS, Chapter 26, Article II of the Code of Ordinances, as well as the document recording the sale of lots or vaults in Oak Grove Cemetery refer to a “Deed” although the sale and the document do not convey a fee interest in the lot; WHEREAS, in an effort to avoid confusion over the ownership of the lots and vaults in Oak Grove Cemetery, the City wishes to amend Chapter 26, Article II to specifically state that fee ownership is not conveyed by such “Deeds” to lots or vaults in Oak Grove Cemetery; WHEREAS, it is necessary to amend Chapter 26, Article II of the Paducah Code of Ordinances to reflect these changes. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 26, Article II of the Paducah Code of Ordinances as follows: Sec. 26-31. – Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Cemetery means the cemetery owned and operated by the City and known as Oak Grove Cemetery, and all additions to the cemetery. Deed means a document or instrument which conveys a license use and access for sepulchre only, and does not convey a fee interest in the land of the lot. […] Sec. 26-34. – Sale or transfer of cemetery lots. (a) The City Clerk shall be empowered to prepare and execute on behalf of the City deeds conveying interest for sepulchre in cemetery lots in all cemeteries owned and operated by the City. Deeds prepared by the City Clerk shall be effective upon the City Clerk signing said deeds on behalf of the City and without review or approval by the Office of the City Manager and the City Commission. Such deeds shall convey license to use and access for sepulchre only, and shall not be interpreted to convey a fee interest in the land. (b) No person shall purchase, have, hold, or own any license for use or access to a lot or part of a lot in the cemetery for the purpose of resale, speculation, or sale of single burial places, or sell or transfer any lot or part of a lot in the cemetery. […] (c) No owner of a license for use or access to a lot in the cemetery, or any part thereof, shall sell or convey a burial space for any sum in excess of the amount paid therefor when the purchase was made from the City. SECTION 6. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, , 2020 Adopted by the Board of Commissioners, , 2020 Recorded by the City Clerk, , 2020 Published by The Paducah Sun, , 2020 ORD\26-31 26-34 – Oak Grove Cemetery Deed Ordinance created by Kristen Worak, KKHB 245245