HomeMy WebLinkAboutCCMPacket2021-03-09CITY COMMISSION MEETING
AGENDA FOR MARCH 9, 2021
5:30 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
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 place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
MAYOR'S REMARKS
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 February 23, 2021
B.Receive & File Documents
C.Personnel Actions
D.Appointment of Jennifer Colwell and Charles Leon Owens to the Civil
Service Commission.
E.Appointment of Melinda Winchester and Greg McCord to the
Historical & Architectural Review Commission (HARC)
F.Reappointment of April Cochran and Mary Katz to the Creative &
Cultural Council
G.Reappointment of Albert Parker to the Municipal Housing Commission
H.Reappointment of Rick Loyd to the Paducah Golf Commission
I.KDLA Local Records Grant Program Application and Acceptance up to
$42,772 for the Paducah Police Department - B LAIRD
II. BOARD APPOINTMENTS
A.Appointment of J. P. Kelly, Bob Turok, and Joint Appointment of Keith
Anderson to the Paducah-McCracken County Industrial Development
Authority (IDA)
III. MUNICIPAL ORDER(S)
A.Adopt City Commission Priorities - M SMOLEN
B.Application for City Hall Historic Tax Credit Grant Phase II- K AXT
C.Application for an Emergency Solutions Grant (ESG-CV) for
Emergency Shelter in the amount of $31,500 through the Kentucky
Housing Corporation - T WILSON
IV. ORDINANCE(S) - ADOPTION
A. Ordinance Amending Chapter 50, Article III. “Stormwater Conveyance
And Management” of the Code of Ordinances of The City Of Paducah, Kentucky
– R MURPHY
V. ORDINANCE(S) - INTRODUCTION
A.Closure of an Alley Extending Northwest of Irvin Cobb Drive Between
2170 and 2190 Irvin Cobb Drive - R MURPHY
B.Closure of Two Alleys Extending North of Kentucky Avenue Between
1039 & 1041 Kentucky Avenue and Between 1034 Broadway and 1039
Kentucky Avenue - R MURPHY
C.Bid Award for 2021-2022 Street Resurfacing Program - R MURPHY
D.Approve AFSCME Contract to be Effective July 1, 2021 - J ARNDT
VI. DISCUSSION
A.Bond Proceeds Discussion
B.Enterprise Resource Planning Software Update - M SMOLEN
C.Oak Grove Cemetery
VII. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VIII. EXECUTIVE SESSION
February 23, 2021
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, February 23, 2021,
at 5:30 p.m., Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered
to their names: Commissioners Gault, Henderson, Wilson and Mayor Bray (4). Commissioner
Guess was unable to attend (1).
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, all members of the Board of Commissioners
participated using video teleconferencing. Further, this meeting was not open to the public. 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).
MOMENT OF SILENCE
Mayor George Bray opened the meeting with a moment of silence in memory of the 100 Paducah-
McCracken County citizens who have lost their lives during the COVID-19 pandemic.
MAYOR REMARKS:
Mayor Bray announced that the March City Commission meetings will be held in person at
City Hall.
Mayor Bray expressed the Commission’s condolence to the families of Pat Brockenborough
and Frances Hamilton.
Mayor Bray expressed his gratitude to the Customer Experience Department and other
employees who are making calls to assist in the scheduling of the COVID 19 vaccine.
INVOCATION:
Commissioner Henderson led the invocation
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. There were no items removed. Mayor Bray asked the City Clerk to read the items on
the Consent Agenda.
I(A) Approve Minutes for February 5, February 6 and February 9, 2021, Paducah Board of
Commissioners Meetings
I(B) Receive & File Documents:
Minute File:
1. Notice of Regular Meeting of the Board of Commissioners – February 9, 2021
February 23, 2021
2. Notice of Special Called Meeting of the Board of Commissioners – February 5 &
6, 2021
3. Letter to Jacob L. Brown, Dunlap GP – 401 Walter Jetton Blvd.
Contract File:
1. Memorandum of Agreement – Tax Increment Financing Project – ORD 2019-04-
8569
2. Interlocal Agreement regarding a Kentucky Division of Waste Management
Hazardous Household Waste Gran Award – MO #2371
3. Interlocal Agreement For Acceptance and Administration of Edward Byrne Justice
Assistance Grant (JAG) Award – MO #2380
4. Short Form Agreement between City of Paducah and HDR Engineering –
Permitting for Dredging Project – ORD 2021-01-8670
5. Short Form Agreement between City of Paducah and HDR Engineering – Flap
Gate Replacement Project – ORD 2021-01-8671
6. Reimbursement Agreement – City of Paducah and Paducah-McCracken County
JSA – Video Inspection of All Gravity Drains Traversing the Paducah Local Flood
Protection Project – ORD 2021-01-8672
Financials File:
1. Midtown Alliance of Neighbors, Inc. – Year Ended December 31, 2019
Bids File:
1. Surplus Property Bid – 2028 Clay Street – bid of Maria Angelique Korte -
$522.08
I(C) Reappointment of Robert L. Wade to the Civil Service Commission. Said term shall
expire December 9, 2023.
I(D) Appointment of Darryl Pea to the Electric Plant Board to replace the late Adolphus Jones,
Jr. Said term shall expire February 6, 2025.
I(E) Reappointment of Ines Rivas-Hutchins to the Code Enforcement Board. Said term shall
expire February 26, 2024.
I(F) Personnel Actions
I(G) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND
ACCEPTANCE OF A FY2022 HIGHWAY SAFETY GRANT THROUGH THE
KENTUCKY TRANSPORTATION CABINET FOR OVERTIME PAY FOR OFFICERS
AND ASSOCIATED FUEL COSTS FOR THE POLICE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO
SAME (MO #2430; BK 11)
I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT
APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE
DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY
MANAGEMENT AGENCY, FOR A FIRE PREVENTION AND SAFETY MATCHING
February 23, 2021
GRANT IN AN AMOUNT OF $12,000 FOR THE PADUCAH FIRE DEPARTMENT.
(MO #2431; BK 11)
I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES FOR THE
LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS
AND SERVICES (MO #2432; BK 11)
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
MUNICIPAL ORDERS
PROPERTY DONATION – 540 LOCUST DRIVE
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Ordered entitled, “A MUNICIPAL ORDER ACCEPTING THE
DONATION OF REAL PROPERTY LOCATED AT 540 LOCUST DRIVE TO THE CITY OF
PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION
CERTIFICATE IN THE DEED OF CONVEYANCE FOR SAME.”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(MO #2433; BK 11)
PROPERTY DONATION – 1246 SOUTH SIXTH STREET
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER ACCEPTING THE
DONATION OF REAL PROPERTY LOCATED AT 1246 SOUTH 6TH STREET TO THE CITY
OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION
CERTIFICATE IN THE DEED OF CONVEYANCE FOR SAME.”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(MO #2434; BK 11)
APPLICATION FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE (SAFER) GRANT IN THE AMOUNT OF $835,754.13
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO APPLY FOR AN
FY2020 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT
FUNDED THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN
THE AMOUNT OF $835,754.13 FOR THE HIRING OF THREE FIREFIGHTERS.”
February 23, 2021
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(MO #2435; BK 11)
MAP-GIS ESRI LICENSE 3-YEAR RENEWAL $210,000
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING A
CONTRACT BETWEEN ESRI AND THE CITY OF PADUCAH, ON BEHALF OF THE
MEMBERS OF THE MAP~GIS CONSORTIUM, FOR A MULTI-JURISDICTIONAL
ENTERPRISE LICENSE AGREEMENT.”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(MO #2436; BK 11)
ORDINANCE ADOPTION
BID AWARD FOR 2021-2022 CONCRETE PROGRAM
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of
Commissioner adopt an ordinance entitled, “AN ORDINANCE ACCEPTING THE BID FOR THE
CITY OF PADUCAH’S CALENDAR YEARS 2021-2022 CONCRETE PROGRAM, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” This ordinance is
summarized as follows: That the City of Paducah accepts the bid of Harper Construction, LLC, for
the calendar years 2021-2022 concrete program, at the unit prices and hourly rates listed below, and
authorizes the Mayor to execute a contract for same. The contract has a one-year renewal option,
ending December 31, 2023, upon mutual agreement by the City and Harper Construction. The
prices are as follows:
Concrete Removal and Replacement Unit Prices
ITEM NO DESCRIPTION UNIT UNIT BID PRICE
1 Curb & Gutter (Remove & Construct) L.F. $ 23.00
2 Curb & Gutter (Adjacent to Roadside Edge) L.F. 17.50
3 Curb & Gutter (New Construction) L.F. 14.99
4 Concrete Sidewalk (Remove & Construct) S.Y. 37.00
5 Concrete Sidewalk (New Construction) S.Y. 30.00
6 Concrete Handicap Ramp S.Y. 65.00
7 Concrete Entrance Pavement 6” (Residential) S.Y. 58.00
8 Concrete Entrance Pavement – 8” (Commercial) S.Y. 64.00
9 Concrete Entrance Pavement 6” M-Mix S.Y. 65.00
10 Concrete Entrance Pavement 8” M-Mix S.Y. 71.00
February 23, 2021
11 Granite Curb Reset with new Concrete Gutter L.F. 30.00
12 Gutter Replacement – Granite/Concrete Curb in
Place
L.F. 20.00
13 Concrete Header Curb – 12” L.F. 14.00
14 Concrete Header Curb – 18” L.F. 15.00
15 Non-Reinforced Concrete 8” S.Y. 52.00
16 Inlet Repair (Existing) Each 600.00
17 Reinforced Concrete New Construction –Class A C.Y. 700.00
18 Deep Saw Cut L.F. 3.00
19 Perforated Pipe – 4” L.F. 5.00
Excavation Rates:
ITEM
NO
DESCRIPTION UNIT HOURLY RATE
1 Trackhoe HR $100.00
2 Backhoe HR 80.00
3 Compactor/Roller HR 70.00
4 Dump Truck HR 90.00
5 Backhoe with Breaker HR 90.00
6 Small Dozer HR 90.00
7 Laborer HR 35.00
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(ORD 2021-02-8674; BK 36)
APPROVE AN AGREEMENT WITH COMMONWEALTH ECONOMICS FOR
PROFESSIONAL SERVICES RELATED TO THE TAX INCREMENT FINANCING
DISTRICT
Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board of
Commissioner adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COMMONWEALTH
ECONOMICS PARTNERS, LLC FOR CONSULTING SERVICES RELATED TO THE TAX
INCREMENT FINANCING (TIF) PROGRAM FOR THE PADUCAH RIVERFRONT
DEVELOPMENT PROJECT.” This Ordinance is summarized as follows: This ordinance
authorizes the Mayor to execute a professional services agreement with Commonwealth Economics
Partners, LLC, for services related to the Tax Increment Financing (TIF) Program. This agreement
authorizes the expenditure of a flat fee of $4,000 per month during the period of time related to the
State TIF Approval Process. The fee shall change to a flat fee of $1,750 per month after the
completion of the approval process and before the City Block construction phase. The flat fee shall
then change to a flat fee of $3,500 per month during the City Block construction phase. Further, this
ordinance authorizes the payment of all outstanding balances due and payable to Commonwealth
February 23, 2021
Economics Partners, LLC. This agreement shall continue until notification of cancellation by either
party.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
(ORD 2021-02-8675; BK 36)
ORDINANCE INTRODUCTION
AMENDING CHAPTER 50, ARTICLE III, “STORMWATER CONVEYANCE AND
MANAGEMENT” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of
Commissioner introduce an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 50,
ARTICLE III. “STORMWATER CONVEYANCE AND MANAGEMENT” OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.” This Ordinance is summarized as
follows: this Ordinance is being enacted pursuant to mandates imposed by the Federal Clean Water
Act, the National Pollution Discharge Elimination System, and the Kentucky Pollutant Discharge
Elimination System in particular those parts that require local governments to comply with water
pollution control requirements. This ordinance amends Paducah Code of Ordinances Chapter 50,
Article III. “Stormwater Conveyance and Management” to come into compliance with Post-
Construction Runoff Control requirements of the Kentucky Division of Water pursuant to the Clean
Water Act.
V. DISCUSSION
2021 STRATEGIC PLAN DISCUSSION
Communications Manager Pam Spencer offered the following summary:
“The Board discussed the 12 priority action items for the 2021 Strategic Plan. The Board reviewed
each item’s objective, key team member(s), and expectations. The final Strategic Plan document will
be adopted at an upcoming meeting. The Board met February 5 and 6 and selected the following
priority items listed below in no particular order:
1. 911 Radio/Tower Upgrades and Operational Funding
2. Minority Inclusion
3. Downtown
4. Stormwater
5. Southside Enhancements
NOTE: Mayor Bray announced that Southside Paducah residents and business owners are invited to provide input
about their neighborhood at public meetings on March 4 and March 11. Each meeting will be from 5 until 6:30 p.m.
at Soirées Events & Catering (2069 Irvin Cobb Drive). Please wear a facial covering. These meetings will help the
City develop a plan for Southside’s growth and beautification. (Summary of information provided by Pam Spencer,
Communications Manager).
6. Sports Facilities - Bluegrass Downs and Stuart Nelson Park
7. Remote Workers Incentive Program
8. Communications Enhancement
9. City Facilities
10. Develop a plan for Parks & Recreation Building and Fire Station #4
11. Housing
February 23, 2021
12. Annexation/Planned Growth”
CITY MANAGER COMMENTS
Announced the March 1 reopening of the basketball courts (with rules in place to comply
with COVID-19 mandates)
COMMISSIONER COMMENTS
Commissioner Wilson asked about the re-opening of other facilities. The City Manager
responded that Staff continues to work on other re-openings such as the Noble Park Pool
EXECUTIVE SESSION
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topics:
Discussions of proposed or pending litigation against or on behalf of the public agency KRS
61.810(1)(c)
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
RECONVENE IN OPEN SESSION
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Paducah Board of
Commissioners reconvene in open session at 8:02 p.m.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4)
ADJOURN
Commissioner Gault offered motion, seconded by Commissioner Henderson, to adjourn the meeting
of the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
Meeting ended at approximately 8:04 p.m.
ADOPTED: March 9, 2021
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
March 9, 2021
Minute File:
1. Notice of Regular Meeting of the Board of Commissioners – February 23, 2021
Contract File:
1. Agreement with Harper Construction, LLC for 2021-2022 Concrete Program –
ORD 2021-02-8674
2. Agreement with Commonwealth Economics For Professional Services related to the Tax
Increment Financing District – ORD 2021-02-8675
3. Tyler Technologies Contract Amendment for EnerGov and Munis – MO #2432
Financials File:
1. Paducah Water – January, 2021
2. Paducah Junior College – year ended June 30, 2020
3. Paducah Junior College – Television Department – July 2019-June 2020 Annual Report
Bids File:
1. ESRI – Quotations MO #2436
CITY OF PADUCAH
March 9, 2021
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
Michelle Smolen
City Manager's Office Signature
3/3/2021
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
NEW HIRES - PART-TIME (P/T)
ENGINEERING POSITION RATE NCS/CS FLSA EFFECTIVE DATE
Kimbro, Ricky L. Temp Pump Operator $10.00/hr NCS Non-Ex March 11, 2021
FIRE - PREVENTION POSITION REASON EFFECTIVE DATE
Byrd, Roger Chief Electrical Inspector Retirement March 31, 2021
PARKS & RECREATION POSITION REASON EFFECTIVE DATE
Schaeffer, Ed E. Park Ranger Resignation March 10, 2021
March 9, 2021
TERMINATIONS - FULL-TIME (F/T)
TERMINATIONS - FULL-TIME (F/T)
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: KDLA Local Records Grant Program Application and Acceptance up to $42,772 for the Paducah
Police Department - B LAIRD
Category: Municipal Order
Staff Work By: Ty Wilson, Amy Travis
Presentation By: Brian Laird
Background Information: The Kentucky Local Records Branch provides records management assistance to
more than 2,900 local government agencies in the Commonwealth. The Paducah Police Department wishes to
apply for a Kentucky Department of Libraries and Archives (KDLA) grant to digitize approximately 26 boxes,
4 five-drawer filing cabinets, and 2 four-drawer filing cabinets of felony case files that state law requires to be
stored for 80 years. The size of the boxes and files has created a lack of storage space and accessibility issues
and digitizing them will allow for easier access to the file information. The work to scan and digitize the files
will be competitively bid according to the city's and KDLA's guidelines (bid attached). No match is required.
The grant amount is dependent upon the bids received. The grant request will be in the amount of $42,772
based on the bids received. The police department has applied for and received this grant the past two years.
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 execute all required grant application
documents. Authorize and direct the Mayor to execute all required documentation to accept an award if offered
by KDLA.
Attachments:
1.MO KDLA FY2022 PD
2.LRGrantGuidelines
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDS THROUGH
THE KENTUCKY DEPARTMENT FOR LIBRARIES & ARCHIVES (KDLA) FOR A FY2022
LOCAL RECORDS PROGRAM GRANT IN THE AMOUNT OF $42,772 BASED ON THE
BIDS RECEIVED, FOR SERVICES RELATED TO DIGITIZING RECORDS FOR THE
PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE
THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO SAME.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the submission of an
application for an FY2022 Kentucky Department of Libraries and Archives Grant for digitization
of Police Department records. It is anticipated that this grant will be in the amount of $42,772,
based upon the bids received by the City of Paducah. No local cash or in-kind match is required.
SECTION 2. That the City of Paducah hereby accepts the FY2022 Kentucky
Department of Libraries and Archives Grant in the sum awarded through the Kentucky Local
Records Branch to digitize approximately 26 boxes, four five-drawer filing cabinets and two
four-drawer filing cabinets of felony case files.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
__________________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners March 9, 2021
Recorded by Lindsay Parish, City Clerk March 9, 2021
MO\grants\PD app and award – Local Records KDLA Grant – digitizing records – 2021
Kentucky Department for Libraries and Archives
Local Records Program
Grant Guidelines
Revised 12/17/2020
1
Table of Contents
Contact Information 2
I. Introduction
Program Overview 3
Regional Administrator (RA) Assistance 3
Eligible Applicants and Projects 3
Eligible Project Costs 4
II. The Grant Process
Invitation for Bid Proposal and Bid Proposal Attachment 5
Competitive Sealed Bidding and Soliciting Bids 5
Completing the Application 7
Application Review 7
Award Process 8
III. Post Award Activities
Grant Disbursements 9
Working with Certified Microfilm Vendors 9
Funds Release (Vendor Payments) 10
Reporting Requirements 10
IV. Additional Details
Accounting and Auditing Requirements 11
Project Modifications 11
Withdrawal of Awarded Grant Funds 11
V. Glossary 12
VI. Appendix
Online Resources 16
Grant Forms 16
Sample Applicant Timeline 16
2
Contact Information
For general information about the Local Records Program or the grant process, please contact Nicole
Bryan, Local Records Branch Manager, at 502-564-1745 or Nicole.Bryan@ky.gov. If you are a local
government agency and are considering applying for a grant, please contact your Regional
Administrator. If you are unsure in which region your agency is located, consult the chart below.
3
I. Introduction
Program Overview
The Kentucky Local Records Program was created in 1984. Since that time, it has provided millions of
dollars to local governments to support preservation of and public access to local records. This has
been done primarily through grants for security microfilming, digitization, preservation, salary grants,
and shelving and equipment purchases. Funding for the grant program is derived from a $1.00 fee
collected by county clerks on legal processes and instruments.
The Commissioner of the Department for Libraries and Archives awards grants after receiving
recommendations from the State Libraries, Archives, and Records Commission per 725 KAR 1:050.
Official award status occurs with the notification of award and the signing of a contract by the grant
recipient. The grant program operates within the state fiscal year, July 1 through June 30. General
information about the grant program and the grant application are available here: Local Records
Program Grants Kentucky Department for Libraries and Archives.
Regional Administrator (RA) Assistance
Grant applicants are strongly advised to consult with their Regional Administrator during project
specification development and prior to submission of the grant application. Regional Administrators
are available throughout the process for consultation with applicants and may review draft
applications during the application review period. Please retain a copy of these instructions, as they
will be useful in answering many of the questions you may encounter as the process advances.
Eligible Applicants and Projects
725 KAR 1:050 maintains that “Any local government office interested in improving the management
and preservation of its public records” is eligible to apply for a grant. Successful applications will
clearly demonstrate how the grant funds will be used to ensure the maintenance and security of
records deemed appropriate for preservation; and used to promote the effective and economical use
of space, equipment and supplies needed for the purpose of creating, maintaining, and servicing
records. These activities are defined in state regulations as “any project which seeks to improve the
management and preservation of local public records,” including but not limited to:
(1) Security microfilming vital records (critical for the functioning of the office) or historically significant
records using Archives and Records Management Division standards. Security microfilming carried out
with local records grant funds must be done through a micrographics laboratory or service bureau
certified by KDLA and officially recognized by the State Libraries, Archives, and Records Commission. A
list of currently certified laboratories can be obtained from the department and is available here:
Certified_Micrographics_Vendors.pdf (ky.gov).
4
(2) Rerecording projects, for rerecording damaged records or records originally recorded with a
nonpermanent process and now losing their image, using archivally acceptable methods of recording
on paper or microfilm.
(3) Document preservation projects, to carry out preservation or conservation measures on
endangered records of historical significance.
(4) Purchasing document conservation supplies.
(5) Establishing a local government records management program or archives. This could include hiring
or partially subsidizing the salary of a qualified archivist who will work with department personnel in
initiating a specific, time-limited project according to department standards. Requests for salary support
will be evaluated on a case-by-case basis. Such funds are not designed for ongoing support, and they
cannot be used to replace salary funds already being expended by the local government. They can be
used as short-term salary supplements.
(6) Arranging and describing archival holdings, according to standards and/or formats approved by the
department.
(7) Purchasing supplies and equipment, which promote preservation of or access to archival materials,
including acid-free boxes and folders, shelving, cabinets, and equipment to read microfilm.
(8) Improving storage conditions, rehabilitating storage areas, installing physical security systems, or
providing for adequate environmental conditions in areas where records are stored.
(9) Codification of ordinances for cities and counties. Funds are available for production of initial codes
but not for code supplements.
Note: Grant applicants with open Local Records Program grants are not eligible to apply for a
current grant until all prior grants are officially closed.
Note: Grant applicants are eligible to apply for one (1) Local Records Program Grant per grant cycle.
Note: Grant applicants that have previously received Local Records grant funds for Codification
may apply for a second codification grant, but not for the same codes.
Eligible Project Costs
Equipment eligible for funding includes microfilm reader/printers or reader/scanners, hanging-file
storage, microform storage cabinets, map/plat cabinets, file cabinets, and portable air conditioning
units and humidity control items.
Wood or plastic shelving is not eligible for funding. Due to the variety of shelving options on the
market, it is important to check with your Regional Administrator to ensure that the shelving you have
selected meets archival and grant program standards.
5
Capital improvements, such as ground-up construction or additions to existing buildings, are not
eligible project costs.
Fees for records destruction are not eligible project costs.
II. The Grant Process
Prior to contacting your Regional Administrator:
Understand the responsibilities of all individuals involved in the grant project.
Develop a realistic estimate of the funds, staffing, and time needed to undertake and complete
the project during the grant period.
Break the project into separate itemized Sections to allow vendors to bid on each individual
Section.
List the Series number for all security microfilming, scanning, and digitization project records. This
information can be found in the Local Government Records Retention Schedules available on the
KDLA website: Local Government Records Schedules Kentucky Department for Libraries and Archives.
For shelving grants, determine the per-unit cost, the number of units desired, and the total cost.
Include any shipping and/or installation costs.
Once you have identified a need and consulted with your Regional Administrator, review the Local
Records Program Grants schedule to see when the grant cycle is set to begin. Applications are only
accepted during certain times of the year. The Local Records Program Grants schedule is available on
the KDLA website: Local Records Program Grants Kentucky Department for Libraries and Archives.
Invitation for Bid Proposal and Invitation for Bid Proposal Attachment
All Local Records Program Grants applicants must comply with state and local procurement
requirements to obtain bids as part of the grants process. Project costs are necessary to complete the
grant application and to provide a basis for the grant budget. As a result, formal bids are required.
Applicants must submit a minimum of three (3) eligible bid responses for each itemized Section within
the application from a responsible bidder or offeror, as defined by statute.
Pursuant to KRS 45A.070 (6) of the Kentucky Model Procurement Code, “responsible bidder or
offeror” means “a person who has the capability in all respects to perform fully the contract
requirements, and the integrity and reliability which will assure good faith performance.”
Competitive Sealed Bidding and Soliciting Bids
In conformance with KRS 45A.080 (3), you must advertise your Invitation for Bid. A copy of this
advertisement must be submitted to KDLA with the grant application. KRS 45A.080 (3) stipulates that
responsible bidders shall be given adequate public notice of the invitation for bids. The notice may be
posted on the Internet or publication in the newspaper or newspapers of general circulation in the
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state as determined by the Secretary of the Finance and Administration Cabinet not less than seven
(7) days before the date set for opening of the bids. All bid responses, in their entirety, received by
your office must be submitted to KDLA with the grant application.
KRS 45A.070 (4) Invitation for Bids means all documents, whether attached or incorporated by
reference, utilized for soliciting bids in accordance with the procedures set forth in KRS 45A.080 of
the Kentucky Model Procurement code. The Invitation for Bid Proposal is available on the KDLA
website: Local Records Program Grants Kentucky Department for Libraries and Archives. A bid proposal
attachment is required and must be itemized by Section and include a detailed written description of
the project that describes the type of work to be completed, as well as any equipment specifications.
Be sure to list the title(s), date(s), retention series number(s), and volume of the record(s) selected
for the project.
Vendors bidding on security microfilming and scanning/digitizing projects must conduct an onsite visit
and provide an approximate cost based on the estimated number of pages and/or images and
condition of the records. These vendors are required to follow Kentucky Department for Libraries and
Archives policies and procedures as outlined in Microfilming and Digital Imaging of Public Records: A
Procedural Guide, which is available on the KDLA website:
https://kdla.ky.gov/records/recmgmtguidance/Documents/MicrofilmingandDigitalImagingofPublicR
ecords-012616.pdf. For security microfilming projects, the Invitation for Bid Proposal may only be
distributed to KDLA certified micrographics laboratories. A list of certified laboratories is available on
the KDLA website: Certified_Micrographics_Vendors.pdf (ky.gov).
Vendors bidding on preservation or conservation projects must conduct an onsite visit to survey any
chemical or physical deterioration, or damage to the records in order to provide an approximate cost
to repair or extend the life of the record(s).
Because of the limited number of vendors availabl e for some projects, solicitation of bids is allowed.
As long as, at least three (3) qualified bidders reply, then solicitation is acceptable. Vendors may reply
with a bid, or with a “no bid” letter and the reason for the “no bid.” Written documentation of bid
solicitation may be accepted if the documentation shows date of vendor contact, name of vendor and
vendor contact, and a copy of all vendor communication regarding the project.
Helpful Hints:
Applications that do not include the Invitation for Bid Proposal and Invitation for Bid Proposal
Attachment are ineligible for funding
Applications that contain contractually signed (applicant/vendor) bid proposals are ineligible for
funding
Salary grants are only awarded in the first Cycle (or Cycle 1)
Salary funds may not be combined with other funding requests within the grant application
Salary grant applications do not require a completed Invitation for Bid Proposal or Invitation for
Bid Proposal Attachment
The vendor site visit date must be included in the vendor bid(s)
Bid responses must be itemized by Section
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If the vendor charges for time spent evaluating the project, the activity is considered a pre-award
expenditure and is an ineligible project cost
Per diem/travel expenses are not eligible project costs
Vendors should include the cost of the transfer of digital images and indexes to KDLA in their bid
responses
Completing the Application
Once all bid responses are received, you will select the lowest bid vendor(s) and include the bid
total(s) in the applicable Sections within the application. The application is available on the KDLA
website: Local Records Program Grants Kentucky Department for Libraries and Archives. Applicants should
supply information detailing a plan of work, goals, and outcomes. Relevant supplemental information
or materials may be added to support your proposal. These may include sample forms, letters of
support, photographs, and/or descriptions of items or services that are part of the project and have
not been noted or illustrated elsewhere in the application. When completing the application:
For salary grants, show the estimated work hours for grant-funded individual(s). Salary grants
have a grant-reporting period of fifty (50) weeks at a minimum pay-rate of $15.00 per hour.
For equipment grants, maintenance/service agreements may be included as part of the initial
purchase. Local Records Program Grants will fund (2) year maintenance/service agreements,
the equivalent of the eighteen (18) month grant reporting period. Once the expiration of the
original maintenance/service agreement has occurred, it is the sole responsibility of the
applicant to maintain and/or upgrade equipment purchased with grant funds.
If three (3) bid responses are not included in the grant application, you must submit written
justification stating the reason why three (3) bid responses could not be obtained. A determination
of funding eligibility will be made based upon this explanation.
To Do’s:
Complete all Sections
Confirm who can sign the application and make sure it is signed
Double check that all application materials are included
Contact RA to review application specifications
Application Review
After the application deadline, an administrative review is conducted on all applications. This review
checks the application for completeness (signatures, current forms, number of bids, etc.). After
application review, your Regional Administrator completes a Grant Application Recommendation to
assess how closely the project meets the criteria defined by 725 KAR 1:050. The application and
recommendation are reviewed by the Local Records Branch as a whole. Applications that pass the
administrative review are forwarded to the Local Records Grant review Committee for review and
8
funding recommendation to the State Libraries, Archives, and Records Commission. The Commission
makes recommendation to the KDLA Commissioner for approval or denial of the application.
The criteria are:
(1) Urgency of the problem, significance and age of the records. The Commission and other groups will
pay special attention to those local government applicants with critical records problems and to those
with older records and with chronologically complete groupings of records.
(2) Value as a model and type for size and geographical location of the local government. The program
strives to assure equity in the geographic distribution of grant projects. The program includes projects
in various types and sizes of local governments, and a major goal is to provide model projects in all
areas of the state.
(3) Soundness of the proposed methods. The methods of handling the records should conform to
generally accepted professional standards of records management and archival theory and practice.
(4) Commitment of local government resources to the project and commitment to maintain the
program or the lasting benefit of a specific project. The Commission and other evaluation groups will
give preference to local governments, which commit some local resources to the proposed projects.
Evidence of previous concern or commitment of support to improved local records management and
preservation will also be important factors in the reviewers’ evaluation.
(5) Adequate security and protection of records. Local governments should house records in secure,
fire resistant facilities, or should state how the proposed project will safeguard the records in question.
(See KRS 171.710 regarding the safeguarding of public records.)
(6) Compliance with all legal requirements regarding custody and public access including complying
with the requirements of the state's Open Records Law (KRS 61.870-876) and providing access to the
public in an area with proper security and supervision.
(7) Commitment by the local government to a comprehensive records management program. This
would include regular legal disposition of obsolete records in accord with the records retention
schedules covering the records of a local government agency, and might also include files control,
segregation of inactive or noncurrent material from active files, selective microfilming (where
appropriate), and training of records personnel in records management techniques.
Award Process
Once grant awards are determined, applicants that were not selected for funding will be notified by
letter. Applicants selected for funding will receive:
Award Letter
Grant Award Summary
9
Vendor Notification Letter and Vendor Obligation Statement (sample)
Contract
Project Status Report Form
The Vendor Obligation Statement must be sent to the lowest bid vendor(s) along with the Vendor
Notification Letter explaining that their bid was selected. These documents are available on the KDLA
website: Local Records Program Grants Kentucky Department for Libraries and Archives. You must sign,
date, and return the contract to KDLA. Once the contract is returned to KDLA with the Vendor
Notification Letter(s) and signed Vendor Obligation Statement(s), the project may begin. Grant funds
may not be used for expenditures incurred prior to the official start of the grant period or incurred
after the conclusion of the grant period. Grantees with salary grants may incur payroll expenses prior
to receipt of grant funds.
Grant award decisions are final; however, denied applicants are encouraged to consult with their
Regional Administrator to develop revised submissions for subsequent grant cycles. Projects may be
fully funded, partially funded, or denied funding.
III. Post Award Activities
KDLA will prepare a media release for Local Records Program Grants project awards that may be
shared with local area media outlets.
Grantees should begin organizing their records for the project and note their location. A Regional
Administrator must review the records for proper preparation, which includes the creation of Title
Targets for security microfilming and digitization projects.
Grant Disbursements
Grant funds are disbursed via check and mailed to grant recipients after the contract has been signed
and submitted to KDLA along with the completed Vendor Notification Letter(s) and Vendor Obligation
Statement(s). A separate grant (bank) account must be established for your Local Records Program
Grant Project. Under no circumstances should grant funds be co-mingled with other fund sources.
Working with Certified Microfilm Vendors
Quality control inspection prevents costly and time-consuming mistakes. The inspection of microfilm
ensures that all records are legible and meet the standards set by the Department. Accepted copies
of silver film will be designated as the official copy and will be stored in the KDLA Security Vault.
Rejected silver film must be reshot and resubmitted until it passes Quality Control. The Department
for Libraries and Archives shall also receive copies of digital images and indexes upon completion of
the project and before payment is rendered to the vendor.
Vendors should:
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I. submit a test roll of microfilm to KDLA for quality control inspection
II. film remaining records
III. develop and inspect the silver masters
IV. send silver master copies to KDLA for quality control inspection
V. deposit silver master copies, and any digital images and indexes with KDLA
If grantee and vendor follow-up is necessary to reimage unacceptable products, the new microfilm
must be approved by KDLA Quality Control. Additional costs resulting from multiple quality control
evaluations will be the responsibility of the vendor or grantee.
Funds Release (Vendor Payments)
Payment to microfilming vendors may not be released until the microfilm has passed KDLA Quality
Control and has been accepted by KDLA. Payment to digitizing or scanning vendors may not be
released until the digital images and indexes have been accepted by KDLA.
Reporting Requirements
The Local Records Program requires the completion of Project Status Reports to monitor project
activities during the grant-reporting period. Only expenditures incurred within the inclusive dates of
the awarded grant and in the approved budgeted line items may be claimed. Project Status Report
forms can be obtained through the KDLA website Local Records Program Grants Kentucky Department for
Libraries and Archives and are completed every six months for the duration of the grant project. Reports
are due on the dates listed in the Grant Award Summary, which all grantees receive after notice of
award. Reports should include copies of all financial and programmatic records and supporting
documents. Such documentation include, but are not limited to, paid invoices, cancelled checks,
deposit receipts, bank statements, and time and attendance records.
The last Project Status Report is considered the final report and should provide written confirmation
of the completion of the project as well as proof that all grant funds are expended. On the rare
occasion when unexpended funds remain after the completion of the project, the final report should
note the amount. If the amount is greater than $25.00, the unexpended funds are remitted to KDLA
and redeposited in the Local Records Program Grants fund. The grant recipient shall retain amounts
less than $25.00 to use toward records management purposes and supplies.
If a project is completed before the scheduled end date, the final report is submitted at that time.
The grant project is officially closed when all project activities are complete, payment is rendered to
the vendor(s), the final Project Status Report is submitted and approved, and the grant recipient
receives a closeout letter from the KDLA Commissioner.
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IV. Additional Details
Accounting and Auditing Requirements
Financial records must be kept in accordance with GAAP (Generally Accepted Accounting Principles)
and grant recipients must comply with the audit requirements set forth by the Commonwealth of
Kentucky. The grant application, contract, contract amendments, and all project status and financial
expenditure reports must retained permanently. All other documents must be retained for three (3)
years from the date of the official closeout letter. If any litigation, claim, or audit begins before the
end of three (3) years, the records must be retained until such proceeding is resolved. Should any
adverse finding occur, a copy of the audit, finding, and a report on final resolution must be forwarded
to the Local Records Branch.
Project Modifications
Grantees must submit in writing to the Local Records Branch Manager any requests for grant project
change that alters the scope of the project, the line-item budget, or project activities before any
changes are made. Changes are not allowable until the grantee receives written approval from KDLA.
If a project is not expected to be completed within the specified timeframe, a contract Amendment
may be requested. This process is initiated by submitting a letter to the Local Records Branch Manager
explaining the delay and requesting an extension. Your Regional Administrator will complete an
assessment of whether an extension is of merit and present their findings to the Local Records Branch
and KDLA Commissioner. If approved, a contract amendment defining the new terms of the grant is
forwarded to the grantee for signature.
Withdrawal of Awarded Grant Funds
Grant recipients can voluntarily withdraw from the project with thirty (30) days written notice to
KDLA. After giving reasonable notification of unsatisfactory performance of conditions of the project
and allowing thirty (30) days for the vendor to achieve compliance, KDLA has the right to terminate
and cancel the grant contract. Such cancellation will be by written notice served on the grantee by
certified or registered mail with return receipt requested. However, failure to complete a project due
to early withdrawal may require to return funds advanced under the contract or return all
unobligated/unexpended grant funds.
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Glossary
Appraisal
Process of determining the value and then the disposition of records based on their current
administrative, legal, and fiscal use; their evidential and informational or research value; their
arrangement; and their relationship to other records.
Backfile Conversion
The process of scanning, indexing, and storing a large backlog of documents on an imaging system.
Codification
The systematic arrangement and organization of laws (ordinances and resolutions).
Confidential Information
Information or data exempted from public disclosure under Kentucky’s Open Records Act (KRS
61.878), and other state and federal statutes and regulations with specific restrictions. Local
government agencies have the responsibility of knowing all the appropriate confidentiality laws,
statutes and regulations that apply to the records maintained in their office and to see that they are
enforced.
Conservation
Refers specifically to the physical treatment of individual damaged items. The repair or stabilization
of materials through chemical or physical treatment to ensure that they survive in their original form
as long as possible. Conservation counters existing damage, as distinguished from preservation, which
attempts to prevent damage. Conservation does not always eliminate evidence of damage;
restoration includes techniques to return materials to their original appearances (which may include
fabrication of missing pieces). [SAA]
Custody
The guardianship of records and manuscripts which may include both physical possession (protective
responsibility) and legal title (legal responsibility) [Glossary of Terms (utah.gov)]
Digitize/Digitization
Creating a digital image that can be manipulated. For local records and preservation, digitizing allows
images to be manipulated and indexed. Often used interchangeably with scanning (see below).
Disposition
Refers to what is done with records when those records are no longer needed for current business.
Digital Index
Metadata (similar to keywords) located within digital images that allows for searching and
manipulation.
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Electronic Record
“A record created, generated, sent, communicated, received, or stored by electronic means.” [KRS
369.102]. Any information recorded in a form that only a computer or other electronic device can
process and that satisfies a state or jurisdiction’s definition of a record.
Format
How a record is kept, often called “medium.” Records exist in many formats and can include paper,
microfilm, email, photographs, microforms, photographs, audio and video recordings, and
electronic records, etc. [ARMA]
Medium
A general term referring to the material (e.g., paper disk, tape) on which business information has
been recorded and may subsequently be used for business purposes.
Microfilm
Reliable, long-term, standardized image format. Transparent film containing highly reduced copies
of documents. May also refer to the high-resolution, low-grain film used to make such copies.
Microfilm may be created in rolls, sheets (microfiche), strips (usually in jackets), or chips (usually in
aperture cards). Standard widths of roll film include 35 mm and 16 mm. Microfilm may use gelatin
silver, diazo, or vesicular processes to form the images. [SAA]
Permanent Record
Records appraised as having historical, informational, or evidential value that warrants preserving
them permanently (forever) beyond the time needed for their intended administrative, legal, or fiscal
functions. These records may be destroyed only after the written permission is given by the State
Archivist and after they are microfilmed according to specifications published by the Department for
Libraries and Archives.
Preservation
The activity that reduces or prevents damage to extend the life expectancy of collections through
practical management. Protecting materials by minimizing chemical and physical deterioration and
damage to minimize the loss of information and to extend the life of cultural property. The act of
keeping from harm, injury, decay, or destruction, especially through noninvasive treatment. [SAA]
Public Record
“all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other
documentary materials, regardless of physical form or characteristics, which are prepared, owned,
used, in the possession of or retained by a public agency.” (KRS 171.410 (1). Public records are
recorded information that is created or received by a state or local government agency in any format,
which documents a transaction or activity by or with any public official or employee of that agency.
Public Agency
“Every state or local office, state department, division, bureau, board, commission, and authority;
every legislative board, commission, committee and officer; every county and city governing body,
council, school district board, special district board, municipal corporation, and any board,
14
department, commission, committee, subcommittee, ad hoc committee, council or agency thereof;
and any other body which is created by state or local authority and which derives at least twenty-five
percent (25%) of its funds from a state or local authority.” [KRS 171.410]
Regional Administrator (RA)
Administrator of the local records program to local goverments within a given region of the state,
performing complex professional, administrative and consultative work.
Records Destruction Certificate
Used by records officers to document the destruction of public records. The Records Destruction
Certificate is provided by KDLA.
Records Inventory
List identifying the location, name, and description of each records series, held by a state or local
government agency. A completed inventory provides information essential to preparing a records
retention schedule, with appropriate retention and disposition instructions, for records created and
maintained by a state or local government agency.
Records Management
The administrative and managerial activities related to managing records throughout their life cycle—
from creation to their final stage of disposition, in which they are either destroyed or permanently
preserved. May also refer to the field of management responsible for the efficient and systematic
control of the creation, receipt, maintenance, use, and disposition of records, including processes for
capturing and maintaining evidence of and information about business activities and transactions in
the form of records. [ARMA]
Records Management Program
An effective program usually includes the following elements: obtaining strong policy and financial
support from the governing or supervisory authority; developing policies and procedures for
managing records and information; putting in place filing and indexing systems and tools; conducting
an inventory of records; establishing and following records retention schedules; identifying and using
technology appropriately to create, store, and retrieve materials; storing inactive records in a cost-
effective and secure manner; destroying obsolete records in a timely and systematic manner and
documenting their destruction; and identifying and preserving essential records. [CoSA]
Records Officer
Person designated by the agency to serve as the official liaison with KDLA on records management
issues and to coordinate records management within the agency. [725 KAR 1:010]
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Records Retention Schedule
The documents governing the retention and disposition of records series of a state or local public
agency, and lists each record type, termed a “record series,” and each electronic records system
created by a public agency. The documents that authorize the period of time that records are kept
before they are destroyed or kept permanently. Records retention schedules are also sometimes
used to identify essential records and to plan for their protection in an emergency. Most government
agencies, from the federal level to the local level and the territorial and tribal levels, have mandated
records retention and management requirements, governed by laws, rules, and regulations. Typically,
there are two types of records retention schedules: General Records Retention Schedules, which
cover commonly occurring cross-agency records, and Agency-Specific Records Retention Schedules,
which list program records unique to a particular agency.
Records Series or Series Number
A group of related records that are filed and/or used together as a unit and therefore are evaluated as a
unit for retention purposes, e.g., a personnel file consisting of an application, reference letters, benefit
forms, etc. [ARMA]
Retention Period
Minimum length of time a record is to be maintained in an accessible format for administrative, legal,
fiscal, historical, or other purposes.
Scanning
Creation of digital image from physical record (paper, photograph, etc.). Often used interchangeably
with digitize (see above).
Section
An area in the grant application to list the plan of work or specific project activities.
Record Series
A document or a set of documents maintained together because they relate to a particular subject or
function, resulting from the same activity, taking the same form, or because of some other
relationship arising out of their creation, receipt, or use.
Vital Record
Records that are essential to the continued functioning of the local government during and after an
emergency, as well as those records that are essential to the protection of the rights and interests of
that local government and of the individuals for whose rights and interests it has a responsibility.
16
Appendix
Applicants are encouraged to visit the KDLA website for any updated information concerning the
grant program prior to submitting their applications.
Online Resources
Local Records Program Grants
Local Records Program Grants Kentucky Department for Libraries and Archives
Local Government Records Retention Schedules
Local Government Records Schedules Kentucky Department for Libraries and Archives
Microfilming and Digital Imaging of Public Records: A Procedural Guide
https://kdla.ky.gov/records/recmgmtguidance/Documents/MicrofilmingandDigitalImagingofPublicR
ecords-012616.pdf
KDLA Certified Micrographics Vendors List
Certified_Micrographics_Vendors.pdf (ky.gov)
Grant Forms
Local Records Program Grants forms are available on the KDLA website:
https://kdla.ky.gov/records/recmgmtservices/Pages/LocalRecordsProgramGrants.aspx.
Sample Applicant Timeline:
1. Develop project and create itemized specifications
2. Advertise/submit specifications and Invitation for Bid to potential vendors
3. Select lowest bid vendor
4. Complete application text
5. Submit application package
Additional information regarding records management for Local Government Agencies is available from the
Local Records Branch at Kentucky Department for Libraries and Archives: www.kdla.ky.gov.
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Adopt City Commission Priorities - M SMOLEN
Category: Municipal Order
Staff Work By: Michelle Smolen, James Arndt, Lindsay Parish
Presentation By: Michelle Smolen, James Arndt
Background Information:
City Commission Priorities
The City Commission Priorities reflects the 12 highest priorities of the Board of Commissioners for calendar
year 2021. The City Commission Priorities is formerly known as the Strategic Plan. The 12 priority items are
listed below in no particular order:
1. 911 Radio/Tower Upgrades and Operational Funding
2. Minority Inclusion
3. Downtown
4. Stormwater
5. Southside Enhancements
6. Sports Facilities - Bluegrass Downs and Stuart Nelson Park
7. Remote Workers Incentive Program
8. Communications Enhancement
9. City Facilities
10. Develop a plan for Parks & Recreation Building and Fire Station #4
11. Housing
12. Annexation/Planned Growth
The City Commission Priorities being considered for adoption also includes the following 6 potential projects
for the use of the $20mm bond proceeds:
Airport
911
Outdoor Recreation Facility
Stormwater
City Facilities
Miscellaneous/Southside Enhancements
Finally, the City Commission Priorities includes 24 Continuous Improvement goals for staff and 4 What’s
Important Later action items.
Background
The Board developed City Commission Priorities during the annual retreat on February 5th and 6th. At the
February 23rd City Commission meeting, the Board provided additional feedback the top 12 action item’s
objective, key team member(s), and expectations.
Reporting & Communications
A quarterly update on the 12 priority action items will be provided to the Board of Commissioners on April 1,
July 1, October 1. An annual report for the 12 priority action items will be provided to the Board by January
15, 2022. A communications plan will be implemented for each priority action item. Staff will work with the
City Manager’s Office on the Continuous Improvement goals but will not provide a report on each goal.
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: Adopt the City Commission Priorities
Attachments:
1.MO Commission Priorities
2.City Commission Priorities Final
MUNICIPAL ORDER NO. ________
AN MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY, ADOPTING THE CITY COMMISSION
PRIORITIES, THE CONTINUOUS IMPROVEMENT
GOALS AND WIL ACTION ITEMS FOR CALENDAR
YEAR 2021 AND REPEALING MUNICIPAL ORDERS 2098,
2207 AND 2368
WHEREAS, the Board of Commissioners of the City of Paducah believe that it is best
interest of the citizens of Paducah for the City to formulate Commission Priorities for the future
success of the community; and
WHEREAS, the Board of Commissioners participated in two planning sessions and a
Commission meeting discussion about their priorities for calendar year 2021; and
WHEREAS, the Board of Commissioners now desires to adopt the Commission
priorities, Continuous Improvement Goals and What’s Important Later (WIL) Action Items for
calendar year 2021.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY
SECTION 1. That the City of Paducah hereby repeals Municipal Order No. 2098
entitled, “AN MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING TWO CORE ELEMENTS OF THE CITY’S STRATEGIC PLAN (VISION AND
KEY PERFORMANCE AREAS & OBJECTIVES); AND DIRECTING THE CITY
MANAGER AND HIS STAFF TO ESTABLISH THE MISSION AND ORGANIZATIONAL
VALUES FOR THE STRATEGIC PLAN AND PREPARE AN IMPLEMENTATION ACTION
PLAN FOR THE FINAL CORE ELEMENT OF THE STRATEGIC PLAN,” in its entirety.
Further, the City of Paducah hereby repeals Municipal Order No. 2207 entitled “A
MUNICIPAL ORDER AMENDING THE VISION AND KEY PERFORMANCE AREAS OF
THE CITY’S STRATEGIC PLAN AND ADOPTING THE STRATEGIC PLAN ACTION
STEPS FOR THE CITY OF PADUCAH,” in its entirety.
Further, the City of Paducah hereby repeals Municipal Order No. 2368 entitled,
“A MUNICIPAL ORDER AMENDING THE CITY’S STRATEGIC PLAN AND ADOPTING
THE STRATEGIC PLAN ACTION STEPS FOR THE CITY OF PADUCAH” in its entirety.
SECTION 2. That the Board of Commissioners hereby adopts the City
Commission Priorities, Continuous Improvement Goals and What’s Important Later (WIL)
Action Items as attached hereto and made part hereof (Exhibit A) for calendar year 2021.
SECTION 3. This Municipal Order shall become effective on the date of its
adoption and shall remain in effect until amended or repealed by action of the Board of
Commissioners of the City of Paducah, Kentucky.
________________________________________
George Bray, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners ____________________
Recorded by the City Clerk _________________________
\mo\Commission Priorities 2021
1 | P a g e City Commission Priorities The City Commission Priorities reflects the 12 highest priorities of the Board of Commissioners for calendar year 2021, as well as 6 potential projects for the use of the $20 million bond proceeds. A quarterly update on the 12 priority action items will be provided to the Board of Commissioners on April 1, July 1, October 1. An annual report for the 12 priority action items will be provided to the Board by January 15, 2022. A communications plan will be implemented for each priority action item. City Commission Priorities Action Item Objective Key Team Members Expectation 911 Radio/Tower Upgrades and Operational Funding Clearly established partnership agreement with the County to create a sustainable revenue source to cover both operational funding and requisite infrastructure improvements Chief Laird, Jon Perkins, Chief Kyle and CMO - Educate the community and elected officials - Update Federal Engineering study on project cost - Negotiate interlocal agreement with County - Create a sustainable revenue source - Consider utilization of a portion of existing bond proceeds Minority Inclusion Intentional minority inclusion in City employment, Committees and Board Mayor Bray, Commissioner Henderson and Stefanie Suazo - Team Paducah (departments, Leadership Team, Boards and Commissions) are representative of the community's demographics through attrition and inclusion based hiring tactics - Identify and adopt city-wide and departmental inclusion hiring strategies - Citywide inclusion training for all departments, Boards and Commissions - Implementation of a Multidepartment Inclusion Team (MIT) with team members from all levels of the organization - Encourage and support a community Diversity and Inclusion Council - Create a diversity and inclusion statement Downtown Concentrated effort to support, enhance, celebrate and improve our thriving downtown community Planning Director & Katie Axt - Design and construction of City Block - Full TIF implementation - Development and implementation of Entertainment Destination Center - Net gain of 10 business downtown on an annual basis - Celebrate business openings and highlight downtown
2 | P a g e businesses - Obtain and maintain full Main Street Accreditation - Survey downtown merchants & businesses to determine additional ways to help - Continue to promote the downtown opportunity zone Stormwater Further investigate the implementation of a stormwater master plan Rick Murphy, Jon Perkins, CMO - Educate Board of Commissioners on current Stormwater Master Plan and Stormwater Utility. Reassess and consider the timeline assumptions. Consider adoption of the Plan. - Consider utilization of a portion of existing bond proceeds for identified projects within the plan - Board of Commissioners to consider the feasibility of a stormwater utility fee excluding the floodwall costs - Identify and establish a community wide strategy that is supported by local businesses and churches Southside Enhancements Targeted empowerment, engagement and beautification of Southside neighborhoods Planning Director, Melanie Reason, Rick Murphy & Chief Kyle - Identify a concentrated geographical area - Meet with residents and businesses within the concentrated area to develop a joint vision for community enhancement - Create a neighborhood steering committee - Identify community financial partners - Focus on infrastructure improvements, beautification efforts, demolition of dilapidated buildings, creation of incentive program for businesses and homeowners - Consider utilization of a portion of existing bond proceeds for qualified projects - Help communities start neighborhood watch initiatives Sports - Bluegrass Downs and Stuart Nelson Park Partner with the County and the Sports Commission in the design and construction of the outdoor recreational facilities Amie Clark, Rick Murphy & CMO - Formalize equal partnerships (financial and participation) - Consider utilization of a portion of existing bond proceeds - Finalize an interlocal agreement - Design and construction - Improvement of Stuart Nelson access roads and Bob Noble city recreational fields - Honor historical heritage of Stuart Nelson Park
3 | P a g e Remote Workers Incentive Program Create and implement an effective incentive program Kathryn Byers and Ty Wilson - Research incentive programs by identifying and evaluating effective programs - Gather local input by conducting surveys (e.g. Paducah Young Professionals) - Establish rules and procedures - Establish funding - Present proposal to the Board of Commissioners within 60 days - Implement successful program - Market and promote program - Administer program - Re-evaluate at 12 month mark Communications Enhancement Effectively reach all segments of our community Pam Spencer and Kathryn Byers - Bring detailed communications enhancement plan within 60 days - Promote what we are doing - Target all areas of our community - Clearly and succinctly communicate our message using easy to understanding language - Incorporate communications into project budgets - Incorporate communications strategy into all projects/program decisions - Invest in technological needs to better meet the needs of our community - Conduct regular media luncheons - Hold industry specific luncheons - Incorporate communication strategy on agenda action form City Facilities Implement action items identified in the facilities maintenance plan Chris Yarber, Rick Murphy and Jon Perkins - Budget for projects identified within the facilities maintenance plan on an annual basis - Establish a city facilities improvement plan similar to fleet - Consider utilization of a portion of existing bond proceeds for identified projects within the plan
4 | P a g e Develop a plan for Parks Building and Fire Station 4 Identify a replacement/relocation plan for Fire Station 4 and Parks and Recreation Facility CMO, Amie Clark, Rick Murphy, Chief Kyle - Solicit design and construction estimates for the facilities - Identify community needs - Complete site selection process - Seek community input and stakeholder engagement Housing Continued investment in the improvement of our housing stock Planning Director, Melanie Reason - Investigate residential housing development incentives - Investigate financial institution partnerships - Evaluate and explore new neighborhood revitalization strategies - Identify developers to partner with the City on new housing developments - Continue supporting Midtown Alliance in becoming a Community Development Corporation - Support community efforts in finding solutions for a temporary homeless shelter and transitional housing Annexation Proactively annex adjacent properties into city corporate boundaries Planning Director & Josh Sommers - Primary focus should be on commercial, multifamily residential and industrial properties - Investigate and implement annexation incentive program - Annually budget for cost of annexations - Annex a minimum of 6 parcels of property into the city on an annual basis Potential Projects for $20 million bond proceeds · Barkley Reigonal Airport · 911 Projects · Outdoor recreation facilities · Stormwater projects · City Facilities · Miscellaneous/Southside Enhancements
5 | P a g e Continuous Improvement Goals The Continuous Improvement goals are ongoing areas of emphasis for the organization. The Key Team Members will work with the City Manager’s Office on the following goals but will not provide a report on each goal. Item Code Continuous Improvement Goals Key Team Member CI - 1 Continue to support efforts to cultivate local entrepreneurship and innovation with Sprocket and CodeFi Kathryn Byers CI - 2 Implement new zoning regulations Planning Director CI - 3 Improve and construct internet Wi-Fi at public places Stephen Chino CI - 4 Improve street conditions within the City Rick Murphy CI - 5 Increase energy efficiency within City-owned and operated facilities and street lights Rick Murphy CI - 6 Intensify parks maintenance and cleanliness efforts Amie Clark CI - 7 Promote, design and encourage annual athletic tournaments and competition Amie Clark CI - 8 Host city sponsored special events partnering with community/business partners Molly Tomasallo Johnson CI - 9 Continue enhancement of parks equipment, and signage Amie Clark CI - 10 Continue to develop a dynamic, interactive, resource-rich website, online services and social media presence Leadership Team CI - 11 Create and sustain a customer centric culture aligned with our organizational values Lindsay Parish CI - 12 BUILD Grant - design and construct a steamboat excursion dock, park, and pedestrian connections to downtown Ty Wilson CI - 13 Initiate and maintain ongoing effective communications with GPED CMO CI - 14 Continue to expand the Greenway Trail Corridor throughout the City Rick Murphy & Planning Director, Amie Clark CI - 15 Continue implementation of the USACE/City of Paducah $32m Local Flood Protection Project (LFPP) Restoration Rick Murphy CI - 16 Improve and maintain cyber security and City Hall security Stephen Chino CI- 17 Improve the experience of planning community special events for the customers Michelle Smolen CI - 18 Design and build a cooperative public safety training facility and grounds Chief Kyle CI - 19 Create a culture of Safety in the City of Paducah and decrease the Mod Rate Stefanie Suazo CI - 20 Increase the number of recycling customers Chris Yarber CI - 21 Increase efficiency in our waste hauling and snow plowing routes (GPS) Chris Yarber CI - 22 Expand City and County collaborations and partnerships CMO CI - 23 Expand pickle ball activities Amie Clark CI - 24 Improve parking lot accessibility and availability for the PD Chief Laird and Rick Murphy
6 | P a g e What’s Important Later The What’s Important Later action items are future goals for consideration by the Board. Item Code What’s Important Later Action Item Key Team Member WIL 1 Develop and implement a fire community risk reduction program April Tinsman WIL 2 Beautification of commercial corridors through the focus on signage at gateways Rick Murphy & Chris Yarber WIL 3 Create a comprehensive bike plan Planning WIL 4 Installation of public art in community gateways Planning
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Application for City Hall Historic Tax Credit Grant Phase II- K AXT
Category: Municipal Order
Staff Work By: Katie Axt
Presentation By: Katie Axt
Background Information: The Kentucky Heritage Council (KHC) administers the Kentucky Historic
Preservation Tax Credit program. Tax credits are one of the nation's most successful and cost-effective
community revitalization tools - creating jobs, leveraging private investment, enhancing property values, and
returning underutilized properties to tax rolls. Tax credits are instrumental in preserving the historic places that
give cities like Paducah its special character.
Designed in 1963 by internationally known architect Edward Durell Stone, City Hall is Paducah’s architectural
crown jewel. City Hall is part of a unique and prolific collection of Stone’s New Formalist designs, the first of
his works to be constructed in the Commonwealth and the finest example of New Formalism architecture in
Paducah. City Hall was added to the National Register of Historic Places in 2017.
KHC awarded Paducah $192,143.91 in an initial round of historic tax credits in February 2020 (file
92859.285). The City completed City Hall's rehabilitation in 2019. Work expenses exceeded the initial tax
credit award. Staff recommend applying for a second round of credits to capture more state incentive and
generate additional revenue for FY2022.
The Kentucky Heritage Council awards tax credits up to 20% of total rehabilitation costs for properties owned
by government organizations. Total eligible expenses for the City Hall Rehabilitation Project were
approximately $4.3 million. Phase 1 of the Project was roof rehabilitation ($2.4 million). KY Heritage Council
awarded the City of Paducah $213,000 in tax credits in 2018. The City sold the tax credits to Paducah Bank for
$192,000. Phase 2 accounts for all other eligible expenses ($1.9 million). Maximum tax credit award is
estimated at $380,000. Historic tax credits are highly competitive and subject to availability of funds. In a
typical year, Kentucky Heritage Council awards a total of $5 million in incentives. In 2019, Kentucky Heritage
Council received 152 tax credit applications and approved 117 projects. These projects represented $114
million in rehabilitation investment.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): I - Maintain Thoughtful & Modern Infrastructure
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize Mayor to execute an application and all documents necessary to the
Kentucky Heritage Council for a tax credit allocation for City Hall Renovation Phase II project.
Attachments:
1.MO Historic Tax Credit App
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING AN APPLICATION TO THE
KENTUCKY HERITAGE COUNCIL FOR A HISTORIC TAX CREDIT ALLOCATION FOR
THE CITY HALL RENOVATION PHASE II PROJECT AND AUTHORIZING THE MAYOR
TO EXECUTE ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application and all
documents necessary to the Kentucky Heritage Council for a tax credit allocation for the City
Hall Renovation Phase II project.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, ______________________
Recorded by Lindsay Parish, City Clerk, _______________________
\mo\grants\Kentucky Heritage Council-tax credit allocation-City Hall Phase II
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Application for an Emergency Solutions Grant (ESG-CV) for Emergency Shelter in the amount
of $31,500 through the Kentucky Housing Corporation - T WILSON
Category: Municipal Order
Staff Work By: Ty Wilson
Presentation By: Ty Wilson
Background Information: In response to the novel coronavirus pandemic (COVID-19), the U.S. Congress
passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in March 2020, which provided
a supplemental appropriation of Homeless Assistance Grants under the Emergency Solutions Grant (ESG)
Program (24 CFR 576). These funds (ESG-CV) must be used to prevent, prepare for, and respond to COVID-
19 among individuals and families who are homeless or receiving homeless assistance and to support additional
homeless assistance and homelessness prevention activities to mitigate the impacts created by the virus.
Kentucky Housing Corporation (KHC) is the recipient of ESG-CV funds for Kentucky’s non-entitlement areas.
KHC invites eligible applicants within Kentucky’s 118-county Balance of State Continuum of Care (KY BoS
CoC) to request funding for activities authorized under the ESG Emergency Shelter (ES) component (24 CFR
576.102) of the ESG Interim Rule. This application is not for Rapid Rehousing (RRH), Prevention, or Street
Outreach components. As part of this application, applicants may request funds for the Homeless Management
Information System component (HMIS) as well as Administrative activities (Admin) to support ES
implementation.
The City of Paducah wishes to apply for a ESG-CV grant and act as a pass through for the Community
Kitchen. Community Kitchen has been providing shelter for people in need by placing them in hotels/motels.
Providing shelter has become difficult due to social distancing requirements. An eligible activity for this grant
is providing hotel/motel vouchers. The City is applying for $30,000 to be used towards vouchers, and $1,500
will be used for Community Kitchen to become licensed and operate the Kentucky Homeless Management
Information System (KYMIS) as required by the grant. There is no match requirement for this grant.
The application deadline was February 26, 2021. The application was submitted on this day.
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 execute all required grant application
documents.
Attachments:
1.MO ESG-CV Community Kitchen 2021
2.2021 ESG-CV Emergency Shelter Component NOFA
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER AUTHORIZING AND RATIFYING AN
APPLICATION FOR A 2021 EMERGENCY SOLUTIONS GRANT (ESG-CV) FOR
EMERGENCY SHELTER IN THE AMOUNT OF $31,500 THROUGH THE KENTUCKY
HOUSING ON BEHALF OF COMMUNITY MINISTRIES, INC., d/b/a COMMUNITY
KITCHEN, FOR COVID-19 RELATED HOMELESS EXPENSES EXPENDITURES AND
AUTHORIZING & RATIFYING THE EXECUTION OF ALL DOCUMENTS RELATED TO
SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners hereby authorizes and ratifies the
execution and submission of an application and all documents relating to same, requesting an
Emergency Solutions Grant (ESG-CV) through the Kentucky Housing Corporation in the
amount of $31,500 on behalf of Community Ministries, Inc., d/b/a Community Kitchen, for
COVID-19 related expenses. No local or in-kind match is required.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, March 9, 2021
Recorded by Lindsay Parish, City Clerk, March 9, 2021
\mo\grants\app-ESG-CV Community Kitchen 2021
Kentucky Balance of State
Emergency Solutions Grant Program
CARES ACT Funding (ESG-CV)
2021 NOTICE OF FUNDING AVAILABILITY
for
Emergency Shelter (ES) Component
Revised February 11, 2021
Application Deadline:
Friday, February 26, 2021
5:00 p.m. ET
Kentucky Housing Corporation
Housing Contract Administration
1231 Louisville Road
Frankfort, KY 40601
(502) 564-7630
Kentucky Housing Corporation prohibits discrimination based on race; color; religion; sex;
national origin; sexual orientation; gender identity; ancestry; age; disability;
or marital, familial or veteran status.
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Table of Contents
Section I: 2021 Notice of Funding Availability Purpose ................................................................................ 3
Section II: Submission Deadline and Pertinent Dates ................................................................................... 3
Section III: Eligible Applicants ....................................................................................................................... 3
Section IV: Eligible Activities (Use of Funds) ................................................................................................. 4
Section V: Examples of Eligible Activities to Prevent, Prepare for, and Respond to COVID-19 .................... 6
Section VI: Estimated Awards ....................................................................................................................... 7
Section VII: Match Requirement ................................................................................................................... 8
Section VIII: Grant Term and Expenditure Requirements ............................................................................ 8
Section IX: Subrecipient Expectations ........................................................................................................... 9
Section X: Application Process and Submission Requirements .................................................................. 10
How to Submit ........................................................................................................................................ 10
Attachments Required for All Applicants ............................................................................................... 10
Attachments Required if Applicable ....................................................................................................... 11
Bonus Attachment (OPTIONAL) .............................................................................................................. 12
General Guidance ................................................................................................................................... 12
State Clearinghouse Review ................................................................................................................... 13
Section XI: Selection Process ...................................................................................................................... 13
Section XII: Resources ................................................................................................................................. 14
3
Section I: 2021 Notice of Funding Availability Purpose
In response to the novel coronavirus pandemic (COVID-19), the U.S. Congress passed the Coronavirus
Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, in March 2020, which provided a
supplemental appropriation of Homeless Assistance Grants under the Emergency Solutions Grant (ESG)
Program (24 CFR 576). These funds (ESG-CV) must be used to prevent, prepare for, and respond to
COVID-19 among individuals and families who are homeless or receiving homeless assistance and to
support additional homeless assistance and homelessness prevention activities to mitigate the impacts
created by the virus.
Kentucky Housing Corporation (KHC) is the recipient of ESG-CV funds for Kentucky’s non-entitlement
areas. KHC, through this 2021 Notice of Funding Availability (NOFA), invites eligible applicants within
Kentucky’s 118-county Balance of State Continuum of Care (KY BoS CoC) to request funding for activities
authorized under the ESG Emergency Shelter (ES) component (24 CFR 576.102) of the ESG Interim Rule.
This application is not for Rapid Rehousing (RRH), Prevention, or Street Outreach components. As part of
this application, applicants may request funds for the Homeless Management Information System
component (HMIS) as well as Administrative activities (Admin) to support ES implementation.
All relevant materials relating to this NOFA are posted on the ESG page of the KHC website.
NOTE: KHC reserves the right to revise this NOFA as necessary.
Section II: Submission Deadline and Pertinent Dates
Section III: Eligible Applicants
All of the allocation will be made available to:
Units of local government or
Private nonprofit organizations
Organizations awarded funding through the 2020 ESG-CV Emergency Shelter funding round are
eligible to apply.
NOTE: KY Balance of State ESG-CV resources are NOT eligible for projects or activities located in Jefferson
or Fayette counties. Organizations located in Jefferson or Fayette counties that wish to provide ES
activities in any of the 118-county BoS counties are welcome to apply.
February 10, 2021 – Application Opens
February 16, 2021 – Application Overview Webinar (Optional), 1:30 p.m., ET.
Registration required. The webinar will be recorded and posted for later review.
February 26, 2021 – (DEADLINE) Application Closes at 5:00 p.m. ET
March 12, 2021 – KHC intends to make award announcements no later than this date.
4
Nonprofit organizations must be exempt from taxation under subtitle C of section 501(c), have
an accounting system, a voluntary board with at least one member who is currently
experiencing homelessness or who has previously experienced homelessness, and practice
nondiscrimination in the provision of assistance. Assistance may be provided to primarily
religious organizations that agree to provide all eligible activities in a manner that is free from
religious influences.
Applicant must have and include a DUNS Number as part of the application submission.
Applicant must register in the System for Award Management (SAM) before a contract can be
awarded. Applicants are strongly encouraged to start the registration process as soon as
possible.
Applicant must be in good standing with the Commonwealth of Kentucky.
Applicant’s proposed activities must not take place in a building not approved for occupancy.
Applicants include organizations providing shelter for a temporary period (e.g., warming shelters
open during the winter months only). Note, in KHC’s regular ESG competition, shelters not
available for 12 months (i.e. “year-round”) are not eligible to apply. For this ESG-CV Emergency
Shelter Component application, temporary shelters are eligible.
Section IV: Eligible Activities (Use of Funds)
Applicants may request funds for the eligible activities listed below. If an applicant meets certain
threshold requirements, funds may be requested to reimburse costs incurred back to January 1, 2021—
Grant funds awarded through this application can be used for costs incurred through September 30,
2021.
1. Emergency Shelter Component (ES) 24 CFR 576.102: Applicants may request funding for certain
activities under the Emergency Shelter component (24 CFR 576.102) of the ESG Interim Rule. All
funds must be used for activities to prevent, prepare for, and respond to COVID-19.
For the purpose of COVID-19 preparedness, prevention, and response, “Emergency Shelter” can
refer to an existing structure that is requesting funding to adhere to Centers for Disease Control
(CDC) guidance, hotel/motel vouchers for the use of non-congregate shelter, and/or temporary
structures to be used as shelter while COVID-19 measures are in place.
KHC is limiting ESG-CV Emergency Shelter Component activities to the following:
Essential Services – 576.102 (1), limited to:
Case Management - 576.102 (1)(i)(A-H)
Outpatient Health Services - 576.102 (1)(v)
Transportation - 576.102 (1)(x)
5
On a case-by-case basis, KHC reserves the right to allow ESG-CV funds to be used for other essential
services authorized under 24 CFR 576.102(1) if it is needed to prevent and respond to COVID-19.
Renovation – 576.102 (2)
Eligible costs include labor, materials, tools, and other costs for renovation (including major
rehabilitation of an emergency shelter or conversion of a building into an emergency shelter).
Renovation costs are only allowed in emergency shelters must owned by a government entity or
private non-profit organization. See further Renovation activity requirements below.
Period of Use Requirement:
While the ESG Interim Rule requires buildings that are renovated or converted into emergency shelter
using ESG funds to be used as emergency shelters for a specified period (3-10 years), the CARES Act
waives this requirement for shelters designated by KHC, per HUD guidelines, as “temporary”. However,
in some circumstances, costs incurred for temporary shelter renovations or conversion of property to a
temporary emergency shelter may have to be paid back. Shelters not determined to be temporary must
comply with minimum period of use requirements. KHC will require that all renovation or conversion
work be completed no later than April 30, 2021. Waivers to these requirements will be considered on a
case-by-case basis. As the purpose of this funding is to quickly respond to COVID, renovations not
clearly related to preventing or responding to COVID-19 will not be approved.
Renovation Work Commencement:
To be eligible for ESG-CV funding, renovation work cannot, under any circumstances, begin until KHC
has officially approved the construction activities. A federally required Environmental Review must be
approved prior to the commencement of any work designated as renovation or conversion. Please note
an award of funds (i.e., award letter, grant agreement executed with KHC) does NOT constitute official
approval to proceed with actual renovation activities.
Shelter Operations – 576.102 (3)
Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security,
fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation
of the emergency shelter. Where no appropriate emergency shelter is available for a homeless
family or individual, eligible costs may also include a hotel or motel voucher for that family or
individual.
2. Homeless Management Information System Component (HMIS) 24 CFR 576.107:
Applicants may request funds to pay for the costs of contributing data to HMIS. Specific uses are
outlined in 24 CFR 576.107.
NOTE: Applicants, especially those not currently using the Kentucky Homeless Management
Information System (KYHMIS) or a HMIS-compliant comparable database if a Victim Service Provider, are
encouraged to request funds to support HMIS activities such as hardware needs, HMIS user licenses,
and staff costs (see 576.107 of the ESG Interim Rule). As discussed in this NOFA, ESG-CV-funded projects
must participate in KYHMIS, which includes client-level data entry and generation of HMIS data quality
and performance reports, regardless of how HMIS activities are funded.
6
3. Administrative Activities (Admin) 24 CFR 576.108:
Applicants may request up to 5% of their requested amount for the ES component and HMIS
component for Administrative (Admin) activities as outlined in 24 CFR 576.108. For example, if
an applicant requests $50,000 for ES and HMIS activities, they can request an additional 5% for
Admin (i.e., $2,500 in this example). This would make their total request $52,500.
NOTE: KHC typically limits Admin funds to 3.75 percent for regular ESG allocations. Under the CARES
Act, a higher percentage of ESG-CV funds may be used for Admin activities.
Applicants are required to read the ESG Interim Rule, HUD Notice CPD-20-08: Waivers and Alternative
Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act, and the KHC
ESG Policy Manual and administer its ESG projects in a manner consistent with both.
Environmental Reviews and Habitability Standards
The CARES ACT waived certain requirements for Environmental Review and Shelter Habitability
Standards typically required by the ESG Interim Rule. KHC will evaluate the applicant’s proposal for ESG-
CV funds and determine if an Environmental Review is needed. In all circumstances, a facility being used
as emergency shelter must still meet all required state and local building codes for occupancy.
Section V: Examples of Eligible Activities to Prevent, Prepare for, and
Respond to COVID-19
As previously stated, the purpose of ESG-CV funds is to prevent, prepare for, and respond to COVID-19
in order to prevent and mitigate the spread of COVID-19 among people experiencing homelessness and
the staff that provide services to these people. This requires existing shelters to implement public health
protocols such as social distancing, isolation space (especially for residents suspected of having COVID-
19, those with confirmed cases, and high-risk residents such as elderly and people with pre-existing
health conditions), the use of personal protective equipment (PPE), and cleaning/disinfecting of shared
and living spaces. In many communities where existing shelter is not available or where current shelters
are not able to implement these safety protocols, additional space may need to be identified to allow
people to have shelter while staying as healthy as possible. This may be space within an existing shelter
(e.g., an office not being used) that could be temporarily converted into a quarantine space for someone
who has tested positive or is awaiting test results or it could be an entirely separate building.
In addition, permanent housing is the most effective way to mitigate the spread of COVID-19 by allowing
people to be “healthy at home” – their own home. ESG ES funds may be used to support staff costs to
help shelter residents obtain permanent housing. These costs are eligible under the “Case
Management”--24 CFR 576.102(1)(i). Applicants, regardless of whether ESG funds are provided to
support the staff costs, are expected to connect residents as quickly as possible to permanent housing.
This allows residents to be safe in their own housing and protects staff and residents remaining in
shelter by reducing overcrowding.
Below is a list of some eligible uses of ESG-CV ES funding applicants. This list is not necessarily
exhaustive but should give applicants an idea of reasonable COVID-19 related requests.
7
Cleaning supplies such as bleach, disinfectant wipes, scrubbers, mops, etc.
Personal protective equipment such as masks and gloves (for staff and residents)
Thermometers
Bed linens, towels, alcohol-based hand sanitizer, soap, tissue
Cots, room dividers, plexiglass “sneeze” guards to create physical barriers between people
If meals are served, to-go boxes and utensils
Washers, dryers, portable handwashing stations
Mobile shower units (to expand bathroom facilities to allow for better social
distancing/quarantining)
Transportation costs including agency-provided transportation, bus, taxi, or rideshare costs for
participant travel to and from medical care, including testing and vaccination.
Expanding staff hours and/or hiring new staff (e.g., a shelter may want to expand its hours to
operate 24 hours per day so participants do not have to leave during the day or a shelter may
need additional staff to oversee expanded spaces or to provide back-up for staff that may need
to quarantine at home)
Hotel/motel vouchers
Rent, utility costs, insurance costs of new space to temporarily expand shelter capacity
Minor renovation costs such as putting up walls to create space within an existing shelter for
social distancing/isolation/quarantine or major renovation through the conversion of a building
into an emergency shelter*
Ventilation repair, maintenance, or new equipment that is compliant with recommendations of
public health officials*
Staff training on how to deliver services during the COVID-19 pandemic
Staff costs to move people quickly out of shelter and into permanent housing
Hazard Pay
*Note: Renovation costs are only eligible if the building is owned by a government entity or non-profit
organization. Additional restrictions and requirements may apply. In some circumstances, repair work
and new equipment may be considered renovation, which triggers additional compliance
requirements (e.g., elevated Environmental Review, Minimum Period of Use). Applicants must consult
with KHC to determine if a project meets the definition of “maintenance/repair” or “renovation”. Under
Any ESG-CV funded work involving activities that could be considered “maintenance/repair” or
“renovation” cannot, under any circumstances, begin until KHC has officially approved the
construction activities and obtained environmental clearance, if required.
Section VI: Estimated Awards
Funding will be awarded based on the quality and quantity of applications received. The maximum
amount an applicant may request is $100,000, not including up to an addition 5% for Administrative
activities (24 CFR 576.108). For example, an applicant may request $100,000 for eligible activities shelter
and HMIS activities and an additional 5% for Admin activities. Thus, the maximum amount that can be
requested, inclusive of Admin, is $105,000.
However, KHC anticipates awarding funding in amounts of $20,000 to $50,000 due to the volume of
applications and the need anticipated. The minimum request amount is $10,000.
8
It is extremely important that applicants request only the amount of funds it needs to quickly and
effectively prevent, prepare for, and respond to COVID-19 and that it can reasonably spend within the
grant period.
Only one application may be submitted per agency unless the agency is proposing to provide emergency
shelter in more than one county. In general, a separate application should be submitted for each
separate county in which shelter will be provided (i.e., if an agency has a physical shelter in one county
and a physical shelter in another, it can and should submit two applications). However, if an applicant
intends to provide temporary shelter through only hotel/motel vouchers in multiple counties, just one
application should be submitted. Applicants should contact KHC to discuss further if it is unclear
whether one or more applications are necessary.
KHC reserves the right to modify the maximum amount of funds awarded to an applicant, to award
partial funding to applicants, and to negotiate with an applicant regarding award amount and use of
funds. KHC also reserves the right to allow an organization to submit more than one application for a
certain county if the request is justified given the need.
Section VII: Match Requirement
Under the CARES Act, the typical ESG Match Requirement is waived for ESG-CV funding. Therefore, no
match is required for funds awarded through this application process.
Section VIII: Grant Term and Expenditure Requirements
All ESG-CV grant funds awarded through this application must be expended by September 30, 2021. In
addition to costs incurred through this date, funds may also be requested for costs incurred back to
January 1, 2021 if certain threshold requirements are met.
If funds are awarded for previously incurred costs, the grant term will begin at the time the costs were
originally incurred.
ESG-CV subrecipients will be required to submit requests for reimbursement (i.e., “draws”) on a monthly
basis. KHC staff will monitor expenditures and reserves the right to recapture funds at any time if the
subrecipient is not able to spend funds as planned. Recaptured funds will be reallocated to other ES
projects or to other ESG components.
Thresholds for requesting reimbursement for costs incurred between January 1, 2021 and March 1,
2021.
1. Applicant must have been using KYHMIS (or a VSP HMIS-comparable database) to enter client-
level data during the time frame for which funds are being requested, or;
2. Applicant must have collected ALL of the required data elements required for HMIS data entry
and obtain consent to enter data into HMIS for clients served during the time period for which
funds are being requested. However, a grace period of 60 days is allowed. For example, if funds
are requested for costs incurred starting January 1, 2021, the organization must be entering
client-level data into KYHMIS no later than March 1, 2021 for clients served on and after March
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1, 2021. If funds are requested for costs incurred since February 1, 2021, client-level data must
start to be entered into KYHMIS no later than March 31, 2021.
3. Previous eligible costs must have proper documentation and must not have already been paid
for through another grant.
Section IX: Subrecipient Expectations
ESG-CV subrecipients are required to adhere to the following requirements. KHC reserves the right to
add other requirements not included in this list.
Homeless Management Information System (HMIS) participation
ESG-CV projects must use the Kentucky Homeless Management Information System (KYHMIS).
This includes client-level data entry and data-quality and performance reporting requirements.
Client-level data, per HUD, must begin being entered into HMIS no later than 60 days after the
first cost is incurred. However, upon grant execution with KHC, the funded agency is expected to
immediately start working with KHC to obtain a KYHMIS license and complete training. While
HUD allows a 60-day grace period, the expectation is that client-level data should start being
entered into KYHMIS as quickly as possible. KHC has an expectation of no more than 30 days
from the date the first cost is incurred, with the understanding that up to 60 days may, under
limited circumstances, be needed.
KY BoS Coordinated Entry System participation
ESG-CV projects are required to participate in the Any Door Kentucky Coordinated Entry System
(CES) in accordance with the KY BoS CoC Coordinated Entry Policies and Procedures as it relates to
emergency shelters.
ESG Record Keeping Requirements as detailed in the KHC ESG Compliance Toolkit
ESG-CV Certifications and Assurances for Emergency Shelter Activities
Subrecipient Grant Agreement (i.e., “contract” between KHC and agency) provisions
Low-barrier shelter
The CARES Act explicitly states “none of the funds may be used to require people experiencing
homelessness to receive treatment or perform any other prerequisite activities as a condition for
receiving shelter, housing, or other services.” This means ESG-CV shelters cannot require potential or
current residents to complete or commit to programs or services as a condition of shelter. Examples
include participating in life skills or budgeting classes or needing to complete a substance use recovery
program prior to entering the shelter. Furthermore, ESG-CV shelters cannot require COVID-19
vaccination as an eligibility criterion for shelter admission.
In addition, KHC expects shelters funded with ESG-CV to operate, to the greatest extent possible, using a
Housing First approach that includes low-barrier access to shelter. This low-barrier orientation means
shelters do not have unnecessary requirements for who can access the shelter (e.g., blanket criminal
background checks, having income, sobriety) and reduces requirements for being able to stay in the
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shelter. For example, while it is appropriate for a shelter that serves households with children to not
allow registered sex-offenders to stay, shelters should work to screen people “in”, not “out”. In addition,
being a low-barrier shelter means the shelter works to keep the person in shelter while a permanent
housing solution is found, not setting up so many rules that people simply return to being
unsheltered.The National Alliance on Ending Homelessness has an entire learning series dedicated to
making the shift to low-barrier shelter. Applicants are strongly encouraged to evaluate their current
policies and procedures for entry into the shelter and expectations of people staying in the shelter to
eliminate any arbitrary requirements that do more to keep people out than actually helping them to
resolve their homelessness. Furthermore, since ESG-CV funds are specifically to help mitigate the spread
of COVID-19, shelters should be focusing on keeping people safe from the virus and moving them as
quickly as possible into their own permanent housing, not setting up barriers or requirements that are
counter to this priority.
Section X: Application Process and Submission Requirements
Applicants will submit all application materials via email. KHC’s Universal Funding Application System
(UFA) will not be used for the application phase of the funding process.
Applicants should carefully read the instructions below to ensure they attach all required documents to
their submission email.
How to Submit
Applicants will submit their applications by email. The application is comprised of various documents
that will be attached to the email. Required attachments must be included in one email per project
application. Each required document below should be named with the specific naming convention
shown below for each document type. Do not submit all documents in one attachment.
Submit application documents to Shaye Rabold at srabold@kyhousing.org by 5:00 p.m. ET on Friday,
February 26, 2021.
Attachments Required for All Applicants
Application Cover Sheet (form available on ESG page of KHC website)
Document Naming Convention: [Agency Name] Application Cover Sheet
Narrative Responses (form available on ESG page of KHC website)
Document Naming Convention: [Agency Name] Narrative Responses
Proposed Budget (form available on ESG page of KHC website)
Document Naming Convention: [Agency Name] Proposed Budget
Signed copy of 2021 ESG-CV Certifications and Assurances (form available on ESG page of KHC
website)
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Document Naming Convention: [Agency Name] Certifications and Assurances
Evidence of Submission to State Clearinghouse via www.dlgweb.ky.gov.
Document Naming Convention: [Agency Name] State Clearinghouse Submission
Attachments Required if Applicable
(READ CAREFULLY)
Proof of 501(C) Status (Only required if not already a current KHC ESG, ESG-CV, or KHC CoC
subrecipient; this attachment is not required for local government applicants),
Document Naming Convention: [Agency Name] Non-Profit Status
Certification of Local Approval (if applicable-see list below to determine if this applies to the
proposed project). The subrecipient must obtain a certification of approval from the unit of
general-purpose local government for the geographic area in which the emergency shelter
activities are to be carried out. See 24 CFR §576.202
This attachment IS required for applicants who meet at least one of the following criteria:
▪ Nonprofit Applicant does not currently receive ESG or ESG-CV funding for the ES
component (emergency shelter), including if the applicant is only requesting funds
for hotel/motel vouchers.
▪ A current KHC ESG ES or ESG-CV ES component subrecipient proposing to use these
new ESG-CV funds for a separate building not part of its current shelter property or
for hotel/motel vouchers that are not already authorized under and existing ESG-CV
ES or ESG ES agreement. This includes hotel/motels that are being used as actual,
on-going emergency shelter—not just on an as-needed basis (see note below about
hotel/motel vouchers being used only as needed).
This attachment IS NOT required for applicants who meet the following criteria:
▪ Government applicant
▪ Nonprofit Applicant that currently receives ESG funding for the ES component
(emergency shelter) and plans to use ESG-CV funding for its existing facility or for
the same purpose already funded under an ESG-CV ES subrecipient grant
agreement.
▪ Current ESG ES subrecipient that is requesting ESG-CV funds for hotel/motel
vouchers to be used on an as-needed basis when their existing shelter capacity is
exceeded.
Document Naming Convention: [Agency Name] Certification of Local Approval
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Board Roster or Letter from Board Chair (required for nonprofit applicants only that are not
already receiving ESG-CV ES funding)
▪ KHC requires that non-profit applicants have at least one person on its Board of
Directors that is homeless or previously experienced homelessness. The Board
Roster must indicate which person or persons meets this criteria. If the seat is
currently vacant, applicants must indicate this and will be required to submit a plan
or how it will fill the seat/if it has filled the seat, prior to grant agreement. If the
organization does not currently include a seat for someone who is homeless or
previously experienced homelessness, the organization must submit a letter signed
by the Board Chair in addition to the current Board Roster stating that its Board
policies (e.g., bylaws) will be amended to include this seat.
Document Naming Convention: [Agency Name] Board Roster
Bonus Attachment (OPTIONAL)
Memorandum of Understanding (MOU) with Public Health Department*
▪ Applicants are expected to work closely with the public health department(s) in the
area where ESG-CV funds will be used for emergency shelter activities. This includes,
but is not limited to, establishing communication protocols for who from both
entities should be contacted and when someone should be contacted relating to
confirmed or suspected COVID-19 cases; consulting on shelter screening, social
distancing, and isolation/quarantine protocols; the provision of staff training to
ensure staff are knowledgeable about how to serve residents during the pandemic.
▪ Applicants will be awarded bonus points for attaching a Memorandum of
Understanding (MOU) outlining this partnership and collaboration.
*If an applicant is currently an ESG-CV ES subrecipient and submitted a MOU with the public health
department as part of its original 2020 application, bonus points will be awarded for this application
as well.
General Guidance
Applicants should provide responses in the following manner:
When writing narrative responses, do not assume that the KHC application reviewer already
knows your program based on previous knowledge or responses to questions earlier in the
application, which populations you serve (e.g., victims of domestic violence only). Make sure to
write responses to each question as if the reviewer does not know anything about your program
or your processes.
Pay attention to the instructions listed in this NOFA and the application itself. You might provide
a lengthy response, but if you are not being responsive to the specific information requested,
you will not receive full points.
Review the sample scoresheet to fully understand the criteria used to score your project and use
that information to complete your responses.
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If your organization already receives ESG-CV ES funding and/or regular ESG ES funding, you must
explain why existing funds are insufficient to cover the costs of the proposed activities.
State Clearinghouse Review
To comply with Executive Order 12372, all applicants must complete the online Kentucky State
Clearinghouse application. This application is available on the Department for Local Government’s Web
site, www.dlg.ky.gov, under Kentucky State Clearinghouse.
You will not submit to the State Clearinghouse the application documents that you will provide to KHC.
Instead, you will complete a brief online questionnaire and provide details about your application.
You will be asked for the CFDA Number for the ESG Program. The ESG CFDA Number is 14.231.
Once you have submitted the online information required by the State Clearinghouse, you will be given
a State Application Identification Number (SAI). This is how you will know your application was
successfully submitted.
For purposes of KHC’s application submission, proof of submission can be either:
1. A screenshot or applicants eClearinghouse “Workbasket” showing that the State Clearinghouse
application has been submitted (this must include the SAI number)
2. A confirmation email from the State Clearinghouse
3. A letter from the State Clearinghouse stating the application was received and passed the
state’s review requirements.
If you have any questions about how to submit the application, please contact:
Ms. Lee Nalley
Department for Local Government
Office of the Governor
KY State Clearinghouse, Office of Federal Grants
1024 Capital Center Dr., Ste, 340
Frankfort, KY 40601
(502) 573-2382 ext. 274
Section XI: Selection Process
KHC will make every attempt to award limited resources as prudently as possible and will award those
agencies with the greatest capacity to effectively administer the funds in accordance with the goal of
preventing, preparing for, and responding to COVID-19 In general, the amount of funds awarded will
depend on how well a particular application scores and the availability of funding based on total request
for funds. KHC intends to fund projects based on project need, viability, applicant capacity, and previous
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performance with other grants. It is KHC’s goal to achieve as much geographic distribution as possible,
while ensuring that the strongest applications receive funding based on their total scores. KHC reserves
the right to consider factors in addition to how an applicant scores such as the lack of similar resources
available in an area when making funding determinations.
Funding recommendations are made by the application review team within KHC’s Housing Contract
Administration Department.
Approved projects will receive a conditional award letter. A grant agreement will not be executed, and
funds will not be released until all contracting documents are submitted to KHC and any additional
terms and conditions are met. This is part of the “Technical Submission” phase of the grant process.
Section XII: Resources
If you have any questions, contact the Housing Contract Administration (HCA) Help Desk.
Please find below some useful resources in developing your ESG-CV Emergency Shelter project.
Applicants should also refer to the ESG section of the HCA Help Desk for additional resources.
Shelter Management During an Infectious Disease Outbreak
Preparedness Checklist for Emergency Shelters
Interim Guidance for Homeless Service Providers to Plan and Respond to COVID-19
KHC Help Desk (refer to the COVID-19 section at the top of page and ESG section)
KHC ESG Program Policy Manual
ESG Interim Rule (24 CFR 576)
HUD Notice CPD-20-08: Waivers and Alternative Requirements for the Emergency Solutions Grants
(ESG) Program Under the CARES Act
Homeless Definition Rule (HEARTH)
Environment Review Notice
CARES ACT (see pages 328-330 for language related to ESG)
NAEH Emergency Shelter Learning Series
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Ordinance Amending Chapter 50, Article III. “Stormwater Conveyance And Management” of the
Code of Ordinances of The City Of Paducah, Kentucky – R MURPHY
Category: Ordinance
Staff Work By: Rick Murphy, John Lyons, Strand, Stephanie Glossner, Strand, Melanie
Townsend
Presentation By: Rick Murphy
Background Information: Kentucky Division of Water (KDOW) issues the National Pollutant Discharge
Elimination System (NPDES) permits per the Clean Water Act (CWA) that authorizes the discharge of
stormwater runoff into waters of the State. The Phase II Final Rule of the Clean Water Act requires nationwide
coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census-
defined “urbanized area” (UA). Paducah is located within a Census-defined “urbanized area” and is subject to
the CWA.
Permittees must develop a program to reduce the discharge of pollutants to the “Maximum Extent Practicable”
(MEP), protect water quality, and to satisfy the requirements of the CWA. The minimum program requirements
include the following minimum control measures (MCM):
MCM #1 – Public Education and Outreach
MCM #2 – Public Involvement/ Participation
MCM #3 – Illicit Discharge Detection / Elimination
MCM #4 – Construction Site Runoff Control
MCM #5 – Post-Construction Runoff Control
MCM #6 – Pollution Prevention and Good Housekeeping
In January 2020, KDOW reviewed each required component of the City’s MS4 Program. Results of the
Inspection included:
• Three (3) Out of Compliance-Violations Observed (to be resolved by March 12, 2021)
• Four (4) Impending Violation Trends Observed (to be resolved by April 30, 2023)
In order to satisfy one of the compliance violations, a stormwater runoff quality treatment standard by
ordinance or other regulatory mechanism must be enacted and submit to KDOW. The current Ordinance
requires modification to satisfy the program requirements in association with MCM #5. Strand and Associates
has assisted the City in preparing an amendment to the current ordinance in order to fulfill the requirements.
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 of text amendments within Ordinance attached.
Attachments:
1.ORD Stormwater Conveyance and Management
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149900
CITY OF PADUCAH
ORDINANCE NO._____________
AN ORDINANCE AMENDING CHAPTER 50,
ARTICLE III. “STORMWATER
CONVEYANCE AND MANAGEMENT” OF
THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
WHEREAS, this Ordinance amends Chapter 50, Article III “Stormwater Conveyance and
Management,” of the Code of Ordinances of the City of Paducah, Kentucky; and
WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by the
Federal Clean Water Act (33 U.S.C. §1251 et seq. as may be amended) (“CWA”), the National
Pollution Discharge Elimination System (33 U.S.C. §1342 as may be amended) (“NPDES”), and
the Kentucky Pollutant Discharge Elimination System (401 KAR 5:050 to 401 KAR 5:080 as
may be amended) in particular those parts that require local governments to comply with water
pollution control requirements.
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. That Chapter 50, Article III. “Stormwater Conveyance and Management,” is
hereby amended and restated to read as follows:
ARTICLE III. STORMWATER CONVEYANCE, MANAGEMENT, AND QUALITY
Sec. 50-151. Purpose and scope of article.
Proper stormwater management and good water quality are vital in promoting the health,
safety and general welfare of the public. It is the intent of this article, in an effort to minimize the
dangers of flooding to life and property and to protect local water quality and maintain the integrity
of stream channels, that certain runoff controls be provided as land areas are developed or
redeveloped. The design criteria for stormwater conveyance and water quality control facilities are
outlined in this article.
Sec. 50-152. Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
80th Percentile Rainfall Event. The rainfall event, based on historical rainfall records, that
represents an event that is equal to or greater than 80 percent of the rainfall events that would be
expected to occur in a typical year. Based on an analysis of precipitation records from 1971 to
2011, it has been determined that for the City of Paducah, this event produces a surface depth
runoff of 0.7 inches.
Best Management Practices or BMPs. Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the Commonwealth. BMPs also include treatment requirements, operating procedures,
and practices to control stormwater runoff.
City plan review staff. The City Engineer and/or other designated officials.
Controlled release structure. A facility constructed to regulate the volume of stormwater runoff
that is conveyed during a specific length of time.
Conveyance structures. Water-carrying devices or improvements such as channels, ditches, storm
sewers, culverts, inlets, and the like.
Detention or retention. Restraining the rate of stormwater runoff with some natural or manmade
devices.
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Developed. Conditions after construction or other manmade change to improved or unimproved
land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations.
Excess stormwater. The calculated runoff produced under a natural or pre-developed condition
versus the calculated runoff produced under an altered or post-developed condition, or that portion
of stormwater runoff which exceeds the capacity of the storm sewers or natural drainage channels
serving a specific watershed.
Green Infrastructure. An adaptable term used to describe an array of products, technologies, and
practices that use natural systems – or engineered systems that mimic natural processes – to
enhance overall environmental quality and provide utility services. As a general principal, Green
Infrastructure techniques use soils and vegetation to infiltrate, evapotranspirate, and/or recycle
stormwater runoff. When used as components of a stormwater management system, Green
Infrastructure practices such as green roofs, porous pavement, rain gardens, and vegetated swales
can produce a variety of environmental benefits.
High Quality Waters or HQW. Those “Waters of the Commonwealth” that have been categorized
by the Kentucky Division of Water as high quality pursuant to the requirements of 401 KAR
10:030, Section 1(3).
Impaired Waters or IW. Those “Waters of the Commonwealth” that have been categorized by the
Kentucky Division of Water as impaired for applicable designated uses and have been identified
pursuant to 33 U.S.C. 1315 (b) and listed in the most recent 305 (b) report.
Impervious surface. [Asphalt, concrete or any other surface which does not allow measurable
infiltration of storm water.] Surfaces that prevent or significantly impede the natural infiltration of
stormwater into the soil, including but not limited to roofs, sidewalks, walkways, patios, private
driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or
gravel.
Kentucky Pollutant Discharge Elimination System or KPDES. The Kentucky program for issuing,
modifying, revoking and reissuing, revoking, monitoring and enforcing permits to discharge, and
imposing and enforcing pretreatment requirements.
KPDES sMS4 Permit. The general permit issued by the Kentucky Division of Water (KDOW) that
authorizes small Municipal Separate Storm Sewer Systems (sMS4) to discharge stormwater runoff
from a small Municipal Separate Storm Sewer System (MS4) to the receiving waters of the
Commonwealth in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in the permit authorizing the MS4 to discharge under the Kentucky Pollutant
Discharge Elimination System.
Land disturbance activity or Land disturbing activity. Any clearing, grubbing, grading, excavating,
filling, or other alteration of the earth's surface where natural or manmade ground cover is
destroyed. Land disturbance activity does not include the following:
(1) Minor land disturbance activities including, but not limited to, activities specific to
underground utility repairs, replacement of existing utilities, home gardens, minor repairs, and
maintenance work.
(2) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
(3) Emergency work to protect life, limb, or property and emergency repairs.
Larger common plan of development or sale. A contiguous area where multiple separate and
distinct construction activities are planned to occur at different times on different schedules under
one plan, e.g., a housing development of 5 1/4-acre lots.
Municipal Separate Storm Sewer System. A conveyance, or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, and storm drains) owned or operated by a state, city, town, county, district, association,
or other public body (created by or pursuant to state law) having jurisdiction over disposal of
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sewage, industrial water, stormwater, or other wastes, that discharges to waters of the United
States:
(1) designed or used for collecting or conveying stormwater;
(2) which is not a combined sewer; and
(3) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.
sMS4 is an acronym for a “small municipal separate storm sewer system. MS4 is an acronym for
a “municipal separate storm sewer system.”
Natural drainage. Water which flows by gravity in channels formed by the surface topography of
the earth prior to changes made by the efforts of humans.
National Pollutant Discharge Elimination System or NPDES. The effluent permitting program for
point source discharges that is administered by the United States Environmental Protection Agency
(USEPA).
Off-site. External to the boundary of a development.
On-site. Internal to the boundary of a development.
Point discharge. Release of stormwater at a specific location.
Runoff. Rainfall excess after natural losses from infiltration, evaporation, transportation or
incidental poundage.
Stormwater. Stormwater runoff, snowmelt runoff, surface runoff and drainage.
Stormwater runoff release rate. The rate at which stormwater runoff is released from dominant to
servient land.
Stormwater storage area. An area designed to temporarily accumulate excess stormwater.
Swale. Surface-type conveyance for stormwater, usually designated to carry incidental, localized
runoff.
TMDL. Is an acronym for “Total Maximum Daily Load”, a federally mandated program for
impaired waters of the Commonwealth to determine the maximum assimilative capacity of a
water for a specified pollutant and to allocate allowable pollutant loads to sources in the
watershed.
Waters of the Commonwealth. Means and includes any and all rivers, streams, creeks, lakes,
ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or
underground water, natural or artificial, situated wholly or partly within or bordering upon the
Commonwealth or within its jurisdiction.
Waters of the United States. As defined by the Clean Water Act, applies only to surface waters,
rivers, lakes, estuaries, coastal waters and wetlands. Not all surface waters are legally “Waters of
the United States”. Generally those waters include the following:
(1) All interstate waters
(2) Intrastate waters used in interstate and/or foreign commerce
(3) Tributaries of the above
(4) Territorial seas at the cyclical high tide mark, and
(5) Wetlands adjacent to all of the above.
Water-Quality Control Facilities. The facilities (e.g. grass swales, filter strips, infiltration basins,
detention ponds, stormwater wetlands, natural filtration areas, sand filters, and rain gardens,
etc.), used to slow runoff, promote infiltration, and reduce sediments and other pollutants in
stormwater runoff.
Water Quality Runoff Volume (WQv). The storm water volume to be treated through a water
quality control facility based on the surface runoff produced by an 80th percentile rainfall event.
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Sec. 50-153. Stormwater conveyance, management, and water quality facilities required.
The requirements in this article shall apply to:
(1) All land-disturbing activities and all development or redevelopment activities that disturb an
area greater than or equal to one acre.
(2) Sites that are smaller than one acre may also be covered by these regulations if they are a part
of a larger common plan of development or sale.
(3) [Any nonresidential development for which the area paved and under roof is equal to or
greater than 10,000 square feet.] Any development or redevelopment project that adds 10,000
square feet or more of impervious surface.
(4) At the discretion of the City Engineer this article may apply to any existing nonresidential
redevelopment project for which the total impervious area of the property is equal to or greater
than 10,000 square feet.
These regulations shall apply to land-disturbing activities within the jurisdictional boundaries of
the City of Paducah designated by the Kentucky Division of Water for coverage under the KPDES
[S]sMS4 permit.
Unless included in exemptions listed in section 50-155 or a waiver granted, all development
occurring within the City and subject to this article shall provide for properly sized stormwater
conveyance facilities capable of controlling peak discharge rates for selected design storms [to] at
or less than pre-developed conditions. Additionally all projects, meeting the criteria in items (1)
and (2) above, that disturb one or more acres of land including parcels that are part of a larger
common plan of development shall provide water quality control facilities that shall contain on-
site, or provide off-site, stormwater management facilities capable of managing the storm water
runoff quality produced from an 80th percentile rainfall event under post-construction conditions.
[The use of other methods of controlling peak discharge rates and pollutant removal, such as bio-
retention swales, infiltration ditches, hydrodynamic separators, and created wetlands may be
required by the city, in its sole discretion, for new and redevelopment projects that are subject to
the land development requirements of this article. Additionally, the city will promote
conservation measures such as buffer strips and greenways as acceptable techniques toward the
protection and improvement of local waterways.]
Sec. 50-154. Stormwater conveyance facilities and water quality control facilities design
criteria.
The following criteria shall control when designing stormwater conveyance facilities and water
quality control facilities:
(1) Open channels and roadside ditches. The design storm for the design of open channels and
roadside ditches shall be a storm with a recurrence frequency of ten years. The time of
concentration for open channel and roadside ditch design should be assumed to be 20 minutes.
(2) Storm sewers and inlets. The design storm for the design of storm sewers and inlets shall be
the five-year storm. Storm sewers and inlets shall be checked under ten-year storm loading
conditions for ponding limits. The ponding limit for streets with curb and gutter shall be an eight-
foot spread measured from gutter to driving lane. Spread calculations shall be based upon an
intensity of four inches per hour. Pipes should be sized based upon the actual time of concentration.
The minimum time of concentration should be assumed to be eight minutes.
(3) Entrance pipes and cross drains. The design storm for the design of entrance pipes and cross
drains shall be the ten-year storm. The duration of the design storm shall be assumed to be equal
to the calculated time of concentration. The minimum time of concentration shall be assumed to
be eight minutes. Entrance pipes and cross drains shall be checked under 25-year storm conditions
to ensure against overtopping of roadways and flood damage to affected areas. Situations requiring
pipes larger than 36 inches shall be designed using the culvert criteria in subsection (4) below.
(4) Culverts. The design storm for the calculation of runoff for culvert design shall be the 25-year
storm. The duration of the design storm shall be assumed to be equal to the calculated time of
concentration. The recommended check storm is the 100-year storm. The maximum headwater
under 100-year storm conditions should not be allowed to overtop roads or increase the flooding
potential in the affected areas.
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(5) Erosion control. Plans for stormwater conveyance systems shall include the applicable
provisions identified under Article IV, Erosion Prevention and Sediment Control, of this chapter.
(6) Water Quality Control Facilities. The design rainfall event for the design of all stormwater
quality control facilities shall be the surface depth of runoff produced from an 80th percentile
precipitation event. Storm water quality control facilities shall be designed, built, and maintained
to treat, filter, flocculate, infiltrate, screen, evapo-transpire, harvest, and reuse stormwater runoff,
or otherwise manage the stormwater runoff quality for the 80th percentile precipitation event.
Green Infrastructure devices may be used as water quality control facilities if it meets the design
criteria.
(7) Design certification. Design of all stormwater conveyance and water quality facilities shall
be prepared and stamped by a licensed professional engineer (Kentucky registration required).
Design methods shall be in accordance with the Kentucky Department of Highways' Manual of
Instructions for Drainage Design, latest edition and City of Paducah Design Standards.
Sec. 50-155. Stormwater management and water quality control facilities design criteria.
As a minimum, the following criteria shall be followed when designing a stormwater management
facilities and water quality control facilities:
(1) Design storm. Stormwater management facilities shall be designed to retain the difference in
the pre-development and post-development ten-year, 24-hour storm event. Stormwater
management facilities that discharge to High Quality Waters shall be designed to retain the
difference in the pre-development and post-development two-year, 24-hour storm event.
(2) Emergency spillways. Emergency spillways shall be designed to pass the 100-year storm. The
effect of the 100-year storm must be considered and documented in the design of all stormwater
management facilities.
(3) Design calculations. Design calculations submitted must include, but are not limited to, the
following:
a. Contributing drainage area, in acres. Indicate if pre-development and post-development areas
differ.
b. A breakdown of surface type for pre-development and post-development conditions (such as
grassed, paved, roofed, and the like).
c. Stage-storage curve for the proposed stormwater management facility.
d. Stage-discharge curve for the outlet structure of the proposed stormwater management facility.
e. Inflow and outflow hydrographs for pre-development and post-development conditions.
f. Emergency spillway design calculations.
g. Embankment design criteria as it relates to slope stability and compaction requirements during
construction.
(4) Gradient. All detention basins having a vegetative cover shall be designed, constructed, and
maintained equal to or greater than one percent throughout to the point of discharge.
(5) Stormwater management and water quality plan. The final stormwater management and water
quality plan for the entire development shall include, but not be limited to, the following:
a. All calculations, assumptions and criteria used in the design of the stormwater management
facilities and water quality control facilities.
b. All plans and profiles of proposed storm sewers and open channels including horizontal and
vertical controls, elevations, sizes, slopes and materials.
6
c. Location, dimensions and design details required for the construction of all facilities.
d. A description of the operation and maintenance needs for the stormwater management facilities
and water quality control facilities.
e. All information relative to the design and operation of emergency spillways.
f. Project specifications relative to erosion and sedimentation control.
g. All deed restrictions, easements and rights-of-way.
h. The ownership and maintenance responsibilities for all stormwater management and water
quality control facilities during and after development. The identity of the responsible individual,
corporation, association or other specific entity and the specific maintenance activities and
schedule must be outlined on the plan.
i. Storm water management and water quality control facilities shall be designed to minimize water
quality impacts and shall attempt to maintain pre-development runoff conditions.
j. Storm water quality control facilities shall be designed to effectively treat the required amount
of water quality runoff volume for the developed site.
(6) Exemptions. Exemptions from the stormwater management requirements contained herein
shall be granted to the following:
a. Land-disturbing activities on property used for agricultural, horticultural or botanical
production of plants and animals useful to man, including but not limited to: forages and sod crops,
grains and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and
poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding and grazing of these animals; bees; fur animals and aquaculture, except that
the construction of a structure used for agricultural purposes of one or more acres, such as broiler
houses, machine sheds, repair shops and other major buildings and which require the issuance of
a building permit shall require the submittal and approval of a stormwater management plan prior
to the start of the land-disturbing activity.
b. Land-disturbing activities undertaken on forestland for the production and harvesting of timber
and timber products.
c. Minor land-disturbing activities such as residential gardens, individual residential or
commercial landscaping, minor home repairs, or maintenance work, and construction or
maintenance of individual underground utility connections.
d. Activities undertaken by local governments or special purpose or public service districts
relating to the emergency repair and maintenance of existing facilities and structures. These
activities will be carried out using appropriate best management practices to minimize the impact
on the environment and surrounding properties.
e. Any nonresidential development for which the area paved and under roof is less than 10,000
square feet.
f. Waivers may also be granted if, in other cases, the developer can provide sufficient
documentation that the proposed development will not result in an adverse impact either upstream
or downstream of the proposed site. Waivers shall be granted solely at the discretion of the City
Engineer, based upon interpretation of the documentation presented by the developer in
conjunction with his or her knowledge of the relationship of the proposed development to the
adjacent property.
(7) Design certification. Design of all stormwater management and conveyance facilities and
water quality control facilities shall be prepared and stamped by a Kentucky licensed professional
engineer [(Kentucky registration required)].
7
(8) Construction certification. Prior to final approval of the development, the licensed
professional engineer must submit certification that the stormwater management [and],
conveyance facilities and water quality control facilities were constructed in accordance with the
approved plan. Final approval shall also provide evidence of the recording of all stormwater
conveyance, management, and water quality facilities deed restrictions, easements and rights-of-
way. Any request for deviation from the approved plan during construction shall be submitted to
the City Engineer in writing for approval.
(9) Ownership, operation and maintenance of stormwater control and water quality control
facilities. For all developments requiring stormwater control and water quality control facilities,
ownership and maintenance responsibilities remain with the property owner/developer. The
Declaration of Maintenance Obligations must be signed, notarized, and submitted with the
stormwater quality management plan.
(10) Additional Treatment And Monitoring May Be Required. The City reserves the right to
require for new and redeveloped properties superseding or additional treatment criteria or
objectives for specific pollutant(s) as necessary to meet overall storm water quality management
program objectives or directives under a watershed improvement or Total Maximum Daily Load
(TMDL) program or KPDES/NPDES permit program as administered by the USEPA or
Commonwealth of Kentucky.
(11) Self Inspection Required. The property owner shall provide self-inspection documentation
for water quality control facilities. The City Engineer or his/her designee will periodically
inspect water quality control facilities for the purpose of identifying maintenance and structural
deficiencies and if required proof of monitoring. If additional treatment and or monitoring is
required, the property owner shall be fully responsible for monitoring their storm water
management and water quality facilities in accordance with the most recent directives under a
watershed improvement or Total Maximum Daily Load Program or KPDES/NPDES permit
program as administered by the USEPA or Commonwealth of Kentucky. In the event a
deficiency is discovered a Notice of Violation will be issued and shall be enforced under City of
Paducah Code of Ordinances Chapter 42 Article II.
(12) In Lieu of Fee or Off Site Mitigation Program May Be Established. The City of Paducah
Engineering and Public Works may develop a payment-in-lieu program to allow property
owners/developers make payment to the City in lieu of constructing storm water quality control
facilities. The in lieu of fee funds shall be applied to public storm water projects. Another option
is to allow the property owner/developer to provide off site mitigation in the same watershed.
Both of these options may be developed by the City of Paducah Engineering and Public Works
Department following the permit requirements of the KPDES Permit For Small Municipal
Separate Storm Sewer Systems.
Sec. 50-156. Issuance of certificate of occupancy.
No certificate of occupancy shall be issued for any development which is subject to the regulations
of this article unless and until all requirements and criteria of this article are fully complied with.
Sec. 50-157. Penalty.
Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who
fails to comply with the provisions of this article shall be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not less than $100.00 per day and not more than
$500.00 per day, or by imprisonment for not more than 90 days, or both, for each separate offense.
Each day there is a violation of any part of this article shall constitute a separate offense.
SECTION 2. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
8
SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
_________________________________________
MAYOR
ATTEST:
______________________________
City Clerk
Introduced by the Board of Commissioners, ___________________, 2021
Adopted by the Board of Commissioners, ___________________, 2021
Recorded by City Clerk, ________________, 2021
Published by The Paducah Sun, __________________, 2021
ORD\50-151 Stormwater sMS4 Permit
Prepared by Strand Associates, Inc.
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Closure of an Alley Extending Northwest of Irvin Cobb Drive Between 2170 and 2190 Irvin
Cobb Drive - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Josh Sommer
Presentation By: Rick Murphy
Background Information: The following adjacent property owner has submitted an executed application
requesting that an alley extending northwest of Irvin Cobb Drive between 2170 and 2190 Irvin Cobb Drive be
closed:
Amerco Real Estate
On February 15, 2021, the Paducah Planning Commission held a Public Hearing and made a positive
recommendation to the City Commission for this closure. All utility companies have agreed to this closure.
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: To adopt an ordinance authorizing the closing of an alley extending northwest of
Irvin Cobb Drive between 2170 and 2190 Irvin Cobb Drive and authorizing the Mayor to execute the closure
plat and all necessary documents to complete the transfer of property to the adjacent property owners.
Attachments:
1.ORD Irvin Cobb Alley
2.2170_2190 Irvin Cobb alley plat
3.Planning Comm Resolution_2170_2190 Irvin Cobb Dr
4.2170_2190 Irvin Cobb Closure application
ORDINANCE NO. 2021-_____-________
AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY
EXTENDING NORTHWEST OF IRVIN COBB DRIVE BETWEEN 2170 & 2190 IRVIN COBB
DRIVE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING
TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of
an alley extending northwest of Irvin Cobb Drive as follows:
LEGAL DESCRIPTION
ALLEY RIGHT OF WAY CLOSURE
A certain alley right of way containing 0.1134 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of
Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 27, 2020, located on
the north side of U.S. Highway 62 (aka Irvin Cobb Drive) and west of Bridge Street in Paducah, McCracken
County, Kentucky and being more particularly described as follows:
Bearings described herein are based on a magnetic observation taken in 1994 as shown on plat recorded
in Plat Section “L”, Page 1210.
All rebars and caps (set) are 1/2" diameter by 18” long rebar with a plastic cap stamped “R. TOSH KYPLS
2900” unless stated otherwise.
Beginning at a mag nail and washer stamped “2900” (set), 30.00 feet north of the centerline of U.S. Highway
62, said centerline point being located 570.65 feet west of the centerline intersection of U.S. Highway 62
and Bridge Street;
Thence from the point of beginning along a curve to the right and an arc length of 17.00 feet, having a
radius of 924.93 feet, being subtended by a chord bearing of South 73 Degrees 05 Minutes 31 Seconds
West, for a distance of 17.00 feet, to a mag nail and washer stamped “2900” (set), 30.00 feet north of the
highway centerline;
Thence North 44 Degrees 56 Minutes 40 Seconds West for a distance of 321.85 feet with the west line of
the alley right of way and the east line of the Amerco Real Estate property formerly U-Haul Real Estate Co.
property described in Deed Book 738, Page 782 to a 1” diameter iron pipe (found);
Thence North 20 Degrees 42 Minutes 04 Seconds East for a distance of 16.46 feet with a line common to
the Vilson and Ariana Qehaja property described in Deed Book 1320, Page 194 to a rebar and cap (set);
Thence South 44 Degrees 56 Minutes 40 Seconds East for a distance of 336.62 feet with the east line of
the alley right of way and common line to the Amerco Real Estate property described in Deed Book 770,
Page 336, and the Amerco Real Estate property formerly U-Haul Real Estate properties described in Deed
Book 738, Page 785 and Deed Book 738, Page 779 to the point of beginning.
Together with and subject to covenants, easements, right of ways and restrictions of record and in
existence.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
a. Amerco Real Estate owns the property abutting the public way which the
Board of Commissioners has authorized to be closed as is evidenced by the application for street
and/or alley closing which is attached hereto and made part hereof.
b. On the 15th day of February, 2021, the Paducah Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of
the City of Paducah closure of the aforesaid public way.
c. Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
d. All property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above. Further, the Mayor is hereby authorized,
empowered, and directed to execute all documents related to the street closing as authorized in
Section 1 above.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
___________________________________
George Bray, Mayor
ATTEST:
___________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, ________________________
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, _________________________________
\ord\eng\st close\alley – 2170 & 2190 Irvin Cobb Drive
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. _______________
adopted by the Board of Commissioners of the City of Paducah at a meeting held on
________________________.
____________________________________
City Clerk
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Closure of Two Alleys Extending North of Kentucky Avenue Between 1039 & 1041 Kentucky
Avenue and Between 1034 Broadway and 1039 Kentucky Avenue - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Josh Sommer
Presentation By: Rick Murphy
Background Information: The following adjacent property owners have submitted an executed application
requesting that two alleys extending north of Kentucky Avenue between 1039 & 1041 Kentucky Avenue and
between 1034 Broadway and between 1034 Broadway and 1039 Kentucky Avenue to be closed:
Carolyn K. Perry
Douglas R. Hunerkoch
On February 15, 2021, the Paducah Planning Commission held a public hearing and made a positive
recommendation to the City Commission for this closure. All of the utility companies have agreed to this
closure with a public utility easement on the entirety of the alleys as shown on the plat.
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: To adopt an ordinance authorizing the closing of two alleys extending north of
Kentucky Avenue between 1039 and 1041 Kentucky Avenue and between 1034 Broadway and 1039 Kentucky
Avenue and authorizing the Mayor to execute the closure plat and all necessary documents to complete the
transfer of property to the adjacent property owners.
Attachments:
1.ORD Alley Close Ky & Broadway
2.Planning Comm Resolution_1039_1041 Kentucky Ave
3.1039_1041 KY Ave Alley Closure plat
4.1039_1041 KY Ave Alley Closure Application
ORDINANCE NO. 2021-_____-________
AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS
EXTENDING NORTH OF KENTUCKY AVENUE BETWEEN 1039 & 1041 KENTUCKY
AVENUE AND BETWEEN 1034 BROADWAY & 1039 KENTUCKY AVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of
two alleys extending north of Kentucky Avenue and parallel to Broadway and Kentucky
Avenue as follows:
LEGAL DESCRIPTION
ALLEY RIGHT OF WAY CLOSURE
A certain tract of land containing 0.0752 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of
Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 16, 2020, located on
the north side of Kentucky Avenue and west of Walter Jetton Blvd in Paducah, McCracken County,
Kentucky and being more particularly described as follows:
Bearings described herein are based on a record bearing of North 63 Degrees 15 Minutes 00 Seconds East
along the north right of way of Kentucky Avenue as recorded in Plat Section “L”, Page 1887.
All rebars and caps (set) are 1/2" diameter by 18” long rebar with a plastic cap stamped “R. TOSH KYPLS
2900” unless stated otherwise.
Beginning at a point located 33.00 feet north at right angles from the centerline of Kentucky Avenue, said
centerline point being located 407.43 feet south of the centerline intersection of Kentucky Avenue and
Walter Jetton Blvd;
Thence from the point of beginning South 63 Degrees 15 Minutes 00 Seconds West for a distance of 10.00
feet with the north right of way of Kentucky Avenue to a point;
Thence North 26 Degrees 45 Minutes 00 Seconds West for a distance of 183.30 feet along a common line
to the OKP Properties, LLC described in Deed Book 1417, Page 261, and a line common to the HHM
Properties, LLP described in Deed Book 1047, Page 615 [passing through a rebar and cap stamped
“WITNESS PT. KYPLS 2900” (set) at 0.25 feet] to a rebar and cap (set);
Thence North 63 Degrees 15 Minutes 00 Seconds East for a distance of 100.01 feet along another line
common to the HHM Properties, LLP to a rebar and cap (set);
Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 16.00 feet with a line common to
the OKP Properties, LLC described in Deed Book 1340, Page 728 to a 1/2" diameter rebar and cap stamped
“DH DUMMER PLS 1955” (found);
Thence South 63 Degrees 15 Minutes 00 Seconds West for a distance of 90.01 feet with another line
common to OKP Properties, LLC, and a line common to the OKP Properties described in Deed Book 1417,
Page 261 to a 1/2" diameter rebar and cap stamped “DH DUMMER PLS 1955” (found);
Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 167.30 feet continuing with
another line common to OKP Properties, LLC [passing through a rebar and cap stamped “WITNESS PT.
KYPLS 2900” (set) at 167.05 feet] to the point of beginning.
Together with and subject to covenants, easements, right of ways and restrictions of record and in
existence.
This tract of land is subject to a public utility easement.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
a. Carolyn K. Perry and Douglas R. Hunerkoch own the properties abutting the
public ways which the Board of Commissioners has authorized to be closed as is evidenced by the
application for street and/or alley closing which is attached hereto and made part hereof.
b. On the 15th day of February, 2021, the Paducah Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of
the City of Paducah closure of the aforesaid public way.
c. Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
d. All property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above. Further, the Mayor is hereby authorized,
empowered, and directed to execute all documents related to the street closing as authorized in
Section 1 above.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
___________________________________
George Bray, Mayor
ATTEST:
___________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, ________________________
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, _________________________________
\ord\eng\st close\alley – 1039 & 1041 Kentucky and 1034 Broadway & 1039 Kentucky
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. _______________
adopted by the Board of Commissioners of the City of Paducah at a meeting held on
________________________.
____________________________________
City Clerk
Exhibit A
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Bid Award for 2021-2022 Street Resurfacing Program - R MURPHY
Category: Ordinance
Staff Work By: Brandy Topper-Curtis
Presentation By: Rick Murphy
Background Information: On February 25, 2021, bids were opened and read aloud for the City of
Paducah's 2021-2022 Street Resurfacing Program. This program consists primarily of the bituminous
resurfacing and milling of city streets in accordance with the yearly street resurfacing program. The contract
also includes pavement markings and equipment rental rates. Jim Smith Contracting, LLC, submitted the only
bid for the unit prices shown on the attached bid tab. The contract unit prices shall begin upon execution of the
contract and end December 31, 2022. The contract has the option for an additional one-year renewal, ending
December 31, 2023, upon the mutual agreement of both parties.
In accordance with the Specifications, the Contract unit prices may be adjusted in accordance with Section
109.07 “Price Adjustments” of the Kentucky Transportation Cabinet Department of Highways Standard
Specifications for Road and Bridge Construction, latest edition.
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: Street Resurfacing & Rehabilitation
Account Number: 23002217-542270
Staff Recommendation: To receive and file the bid submitted for the 2021-2022 Street Resurfacing
Program and adopt an Ordinance authorizing the Mayor to enter into an agreement with Jim Smith Contracting
Company, LLC., for the unit prices listed on the attached bid tab for the 2021 and 2022 calendar year ending
December 31, 2022, and allow “Price Adjustments” in accordance with the Kentucky Transportation Cabinet
Department of Highways Standard Specifications for Road and Bridge Construction, latest edition; and to
authorize the Mayor, subsequent to the recommendation of the City Engineer, to execute a “One-Year Renewal
Agreement” extending the contract time period for the 2023 calendar year ending December 31, 2023, upon the
mutual agreement of both parties.
Attachments:
1.ORD Resurfacing 2021-2022
2.Agreement 0500
3.Bid Proposal 2-25-21
4.Bid Tab
5.Paducah Sun Ad 2-14-21
ORDINANCE NO. 2021-______-_________
AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING
COMPANY, LLC, FOR THE CITY OF PADUCAH’S CALENDAR YEARS 2021 AND 2022
STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Jim Smith Contracting
Company, LLC, for the City of Paducah’s calendar years 2021 and 2022 street resurfacing
program with the option of a one-year renewal agreement upon the mutual agreement of both
parties, said bid being in substantial compliance with the bid specifications and advertisement for
bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of February 25, 2021.
SECTION 2. The City of Paducah accepts the bid of Jim Smith Contracting
Company, LLC, for roadway resurfacing, repair, and miscellaneous construction of various
streets within the City of Paducah at the following unit bid prices:
RESURFACING
ITEM DESCRIPTION UNIT UNIT PRICE
1. Bituminous Surface/Base Ton $78.00
2. Milling Texture Ton $50.00
3. Shoulder Construction Ton $40.00
PAVEMENT MARKINGS
ITEM UNIT BID
NO DESCRIPTION UNIT PRICE
1 Paint – 4” Line L.F. $0.25
2 Paint – 12” Stop Lines L.F. $2.50
3 Paint – 24” Stop Lines L.F. $5.00
4 Paint – Straight Arrow Each $50.00
5 Paint - Turn Arrow Each $50.00
6 Paint - Combination Arrow Each $100.00
7 Paint – 8” Crosswalks L.F. $1.25
8 Paint - "School" Each $125.00
9 Paint - RR Crossings Each $500.00
10 Paint – “STOP” Each $200.00
11 Paint – “ONLY” Each $200.00
12 Paint – Handicap Symbol Each $35.00
13 Paint – 4” Parking Lot Lines L.F. $0.50
14 Thermo – 4” Line L.F. $1.25
15 Thermo – 12” Stop Lines L.F. $4.50
16 Thermo – 24” Stop Lines L.F. $9.00
17 Thermo – Straight Arrow Each $100.00
18 Thermo - Turn Arrow Each $100.00
19 Thermo – Combination Arrow Each $250.00
20 Thermo – 8” Crosswalks L.F. $3.00
21 Thermo - "School" Each $275.00
22 Thermo - RR Crossings Each $500.00
23 Thermo – “STOP” Each $250.00
24 Thermo – “ONLY” Each $250.00
EQUIPMENT RENTAL
ITEM NO DESCRIPTION UNIT HOURLY PRICE
1 Excavator – Small HR $140.00
2 Excavator - Medium HR $175.00
3 Excavator with Mulching Head HR $175.00
4 Skid Steer Loader HR $120.00
5 Dump Truck -Tandem HR $85.00
6 Dump Truck – Tri-axle HR $85.00
7 Motor Grader - Medium HR $175.00
8 Dozer- Small HR $155.00
9 Dozer- Medium HR $175.00
10 Laborer HR $70.00
11 Vibratory Roller – Small HR $130.00
12 Vibratory Roller - Medium HR $150.00
Said bid prices may be adjusted in accordance with Section 109.07 “Price
Adjustments” of the Kentucky Transportation Cabinet Department of Highways Standard
Specifications for Road and Bridge Construction, latest edition.
SECTION 3. That the Mayor is hereby authorized to execute a contract with Jim
Smith Contracting Company, LLC, for roadway resurfacing, repair, and miscellaneous
construction of various streets as accepted in Sections 1 and 2 above, according to the
specifications, bid proposal and all contract documents heretofore approved and incorporated in
the bid.
SECTION 4. The contract shall be binding upon the City and the Contractor, his
partners, successors, assigns and legal representatives for the remaining portion of the 2021
calendar year and the 2022 calendar year ending December 31, 2022. Neither the City nor the
Contractor shall have the right to assign, transfer, or sublet their interests or obligations
hereunder without consent of the other party. Further, the Mayor is hereby authorized,
subsequent to the recommendation of the City Engineer-Public Works Director, to execute an
additional one-year renewal agreement extending the contract period for the 2023 calendar year
ending December 31, 2023, upon the mutual agreement of both parties. If agreed, this renewal
option will be exercised by both parties executing and delivering the written one-year renewal
agreement. The City reserves the right to have said contract work completed at the quoted prices
until the one-year renewal agreement has been executed by the parties.
SECTION 5. This expenditure shall be charged to the Street Rehabilitation
Account No. 2300-2217-542270.
SECTION 6. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
____________________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _____________________
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, ________________________
Published by The Paducah Sun, ________________________________
\ord\eng\resurfacing 2021-2022
City of Paducah – Engineering Department
2021-2022 Resurfacing Program
Bid Opening – February 25, 2021 2:00 p.m.
BID TABULATION
ONE BIDDER – RECOMMEND ACCEPTANCE:
Jim Smith Contracting Co., LLC
1108 Dover Road
Grand Rivers, KY 42045
RESURFACING
ITEM DESCRIPTION UNIT UNIT PRICE
1. Bituminous Surface/Base Ton $78.00
2. Milling Texture Ton $50.00
3. Shoulder Construction Ton $40.00
PAVEMENT MARKINGS
ITEM UNIT BID
NO DESCRIPTION UNIT PRICE
1 Paint – 4” Line L.F. $0.25
2 Paint – 12” Stop Lines L.F. $2.50
3 Paint – 24” Stop Lines L.F. $5.00
4 Paint – Straight Arrow Each $50.00
5 Paint - Turn Arrow Each $50.00
6 Paint - Combination Arrow Each $100.00
7 Paint – 8” Crosswalks L.F. $1.25
8 Paint - "School" Each $125.00
9 Paint - RR Crossings Each $500.00
10 Paint – “STOP” Each $200.00
11 Paint – “ONLY” Each $200.00
12 Paint – Handicap Symbol Each $35.00
13 Paint – 4” Parking Lot Lines L.F. $0.50
14 Thermo – 4” Line L.F. $1.25
15 Thermo – 12” Stop Lines L.F. $4.50
16 Thermo – 24” Stop Lines L.F. $9.00
17 Thermo – Straight Arrow Each $100.00
18 Thermo - Turn Arrow Each $100.00
19 Thermo – Combination Arrow Each $250.00
20 Thermo – 8” Crosswalks L.F. $3.00
21 Thermo - "School" Each $275.00
22 Thermo - RR Crossings Each $500.00
23 Thermo – “STOP” Each $250.00
24 Thermo – “ONLY” Each $250.00
EQUIPMENT RENTAL
ITEM NO DESCRIPTION UNIT HOURLY PRICE
1 Excavator – Small HR $140.00
2 Excavator - Medium HR $175.00
3 Excavator with Mulching Head HR $175.00
4 Skid Steer Loader HR $120.00
5 Dump Truck -Tandem HR $85.00
6 Dump Truck – Tri-axle HR $85.00
7 Motor Grader - Medium HR $175.00
8 Dozer- Small HR $155.00
9 Dozer- Medium HR $175.00
10 Laborer HR $70.00
11 Vibratory Roller – Small HR $130.00
12 Vibratory Roller - Medium HR $150.00
Agenda Action Form
Paducah City Commission
Meeting Date: March 9, 2021
Short Title: Approve AFSCME Contract to be Effective July 1, 2021 - J ARNDT
Category: Ordinance
Staff Work By: James Arndt
Presentation By: James Arndt
Background Information:
A few highlighted changes in the new contract are:
Vacation Article is updated to match the accruals of other non-union City employees.
There were a few language cleanup changes related to schedules, supervisory titles, jury duty, and final
check payouts.
A full-day of work has been defined as the number of hours in an employee’s regular schedule, either
eight (8) or ten (10), which will be used when calculating the number of consecutive days worked.
The City agreed to give its current team members preference in appointment in a vacant union
represented position, and will give all internal applicants an interview and practical exam when
applicable.
Base wages were increased based on market survey data as listed below; as well as cost of living
adjustments over the next three years to be two and a half, three, and two percent each fiscal
year. (FY22 = 2.5%. FY23 = 3.0%, and FY24 = 2.0%)
Proposed Job Title Percent Increase
Custodian/Collector 3.00%
Laborer 5.49%
ROW Maintenance Person 5.49%
Solid Waste Truck Driver 8.60%
Concrete Finisher 3.00%
Maintenance Technician 3.00%
Traffic Technician 3.00%
Floodwall Operator 5.75%
Compost / Equipment
Operator 7.70%
The overall financial impact for the three-year period of the contract will be approximately $1.7 million for
wages and related fringe benefits associated with the changes.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: To approve the contract changes with AFSCME effective July 1, 2021.
Attachments:
1.ORD AFSCME 2021-2024
2.AFSCME Contract 2021 - 2024 FINAL
ORDINANCE NO. 2021-______-________
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT BETWEEN THE CITY OF PADUCAH AND AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO,
LOCAL 1586
WHEREAS, the City and the American Federation of State, County, and
Municipal Employees, AFL-CIO, Local 1586, (AFSCME) desire to enter into a contract
concerning wage rates and other conditions of employment; and
WHEREAS, the duration of said contract is from July 1, 2021 through
June 30, 2024; and
WHEREAS, the City and AFSCME mutually agree to the terms of this
contract.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract
between the City of Paducah and American Federation of State, County, and Municipal
Employees, AFL-CIO, Local 1586, (AFSCME), effective July 1, 2021 through June 30,
2024.
SECTION 2. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, __________________________
Adopted by the Board of Commissioners, ___________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by the Paducah Sun, ____________________________
\ord\contract-AFSCME (2021-2024)
Agreement
Between
The City of Paducah
And
The American Federation of State, County,
and Municipal Employees
AFL-CIO, Local 1586
July 1, 2021 – June 30, 2024
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 2
Table of Contents
CONTRACT ..................................................................................................................................................... 3
PREAMBLE ..................................................................................................................................................... 3
1. UNION SECURITY ................................................................................................................................... 3
2. DISCIPLINE ................................................................................................................................................ 4
3. GRIEVANCE AND MEDIATION PROCEDURE ............................................................................................ 5
4. PLEDGE AGAINST DISCRIMINATION AND COERCION ............................................................................. 6
5. VACATION ................................................................................................................................................ 7
6. SICK LEAVE................................................................................................................................................ 7
7. HOLIDAYS ................................................................................................................................................ 9
8. JURY DUTY ............................................................................................................................................... 9
9. UNION BUSINESS ..................................................................................................................................... 9
10. SAFETY COMMITTEE............................................................................................................................. 10
11. SAFETY SHOES & CLOTHING ................................................................................................................. 10
12. HOURS OF WORK ................................................................................................................................. 10
13. SEVERABILITY ....................................................................................................................................... 13
14. WAIVER IN EMERGENCY ..................................................................................................................... 14
15. LABOR/MANAGEMENT MEETINGS ...................................................................................................... 14
16. DEFINITIONS ......................................................................................................................................... 15
17. MANAGEMENT RIGHTS ....................................................................................................................... 16
18. WORK RULES ........................................................................................................................................ 16
19. CIVIL SERVICE PROTECTION ................................................................................................................. 17
20. TEMPORARY ASSIGNMENT .................................................................................................................. 17
21. MISCELLANEOUS .................................................................................................................................. 18
22. OUTSIDE CONTRACTING ...................................................................................................................... 19
23. SAFETY ................................................................................................................................................. 20
24. PROBATIONARY PERIOD ...................................................................................................................... 20
25. CONTINUITY OF OPERATION ............................................................................................................... 20
26. WAGE AND BENEFITS ........................................................................................................................... 20
27. INDIVIDUAL AGREEMENT ..................................................................................................................... 22
28. DURATION ............................................................................................................................................ 22
SIGNATURE PAGE ........................................................................................................................................ 24
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 3
CONTRACT
THIS AGREEMENT made and entered into this 1st day of July 2021, by and between the CITY OF
PADUCAH hereinafter referred to as the "City" and the AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL CIO, LOCAL 1586, hereinafter referred to as the "Union”.
PREAMBLE
It is the intent of the parties that this contract constitutes a complete agreement between the parties
hereto, and that it shall remain in effect except as hereinafter amended, altered or modified, and that
no additions, waivers, deletions, changes or amendments shall be made during the term of this contract
except by written agreement of the parties.
It is understood that no incident by the City or Union, which occurred prior to the date of this contract,
shall be the subject of complaint under any of the procedures provided in this contract.
1. UNION SECURITY
A. RECOGNITION
1. The City agrees to recognize the Union as the exclusive bargaining agent for the purpose of
collective bargaining in the settlement of disputes which may arise concerning wage rates, working
conditions, hours of employment, dismissal, discrimination or other conditions of employment.
2. The City and the Union do hereby agree that the unit appropriate for such bargaining purposes
shall consist of permanent full time, non-supervisory employees within a combination of the following
(meeting one criteria in each category): Departments, Divisions and Classifications. Departments,
Engineering-Public Works and Parks Services; Divisions, Parks Maintenance, Maintenance, Solid Waste,
Floodwall, and Street; Classifications, Compost Equipment Operator, Concrete Finisher, Equipment
Operator, Laborer, Maintenance Technician, Right of Way Maintenance Person, Traffic Technician, Truck
Driver and Floodwall Operator. All other City employees shall be excluded from the bargaining unit.
3. The City agrees not to discriminate against any employee because of Union membership or
lawful Union activity, and the Union agrees not to solicit for membership, collect Union funds, or engage
in other Union activity on City time unless specifically provided for in this agreement.
B. MEMBERSHIP DUES DEDUCTION
1. The Employer and the Union agree that membership in the Union is available to all employees
occupying bargaining unit positions after serving their probationary period. In addition the Union and
the City agree to conform to prevailing State of Kentucky Law with respect to the exercise of Right to
Work practices for Membership Dues Deduction.
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 4
2. The Employer agrees to deduct Union membership dues once each month from the pay of any
employee eligible for membership in the bargaining unit upon receipt of a written authorization signed
individually and voluntarily by the employee. The signed payroll deduction form must be presented to
the Employer's Finance Director by the employee or the Union Treasurer. Upon receipt of the
authorization, the employer will withhold the sum as certified by the Union as its uniform dues from the
employee's pay in the pay period in the month following receipt of the authorization. The sum of all
dues collected shall be remitted to the Union treasurer within ten (10) days of the deduction.
3. Dues check off authorizations shall be honored for the term of this Agreement, except that any
employee may revoke his authorization during the month of December of each year of the agreement.
There shall be no other revocation period. The revocation shall be in writing to the City and the Union.
4. The Employer assumes no obligation of any kind arising out of its deduction of dues. The Union
shall indemnify and save the Employer harmless from any claim, action or proceeding brought by any
person against it as a result of its dues deduction. Once dues are remitted to the Union, their disposition
thereafter shall be its sole obligation and responsibility.
5. The Employer shall be relieved from making dues deductions when an employee terminates his
employment, transfers to a position outside the bargaining unit covered by this Agreement is laid off
from work, revokes his authorization pursuant to the terms of this Agreement, is on unpaid leave of
absence or for any reason fails to earn sufficient wages to make all legally required deductions such as
taxes, FICA, etc., in addition to the deduction of Union dues.
6. No employee shall be required to join the Union, but membership in the Union shall be available
to all employees who apply, consistent with the Union's Constitution and By-Laws.
2. DISCIPLINE
A. At any disciplinary proceeding, an employee shall be entitled to representation by the Steward
and a non-employee Union Representative if such non-employee Union Representative is available.
Under no circumstances shall any action cease due to the unavailability of such non-employee Union
Representative. A disciplinary action proceeding shall be distinguished from an investigative fact
gathering meeting.
B. It is agreed that disciplinary action shall not be imposed upon an employee except for just cause.
C. Any proposed disciplinary action involving discharge, suspension, or reduction in grade or pay
(NON CIVIL SERVICE ONLY), shall be subject to the grievance procedure.
D. Although harsh disciplinary action may be imposed for severe infractions, in most cases the City
shall adhere to the principle of progressive discipline. This disciplinary action shall include:
i. Verbal Warning
ii. Written Reprimand
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 5
iii. Suspension
iv. Termination
E. Any discipline to be imposed shall be initiated as soon as reasonably possible, but no later than
five (5) working days following the completion of the incident investigation recommended by the
Department Director. The investigation is to be completed within 15 days of the Director’s knowledge
where it is practical. Records of disciplinary action shall be a permanent part of an employee’s personnel
record; however, verbal and written warning will not be considered after 30 months unless a repeated
pattern of unacceptable behavior is demonstrated by the employee. This will not place an employee
into a double jeopardy situation for disciplinary action, but does allow the City to begin the progressive
disciplinary process at the appropriate level.
3. GRIEVANCE AND MEDIATION PROCEDURE
A. Any grievance or dispute which may arise between the parties including the application,
meaning or interpretation of this Agreement shall be settled in the following manner:
1. STEP ONE: The Union Steward, with or without the employee, shall present the grievance to the
employee's immediate supervisor (in certain cases it may be appropriate to advance in the chain of
command to file a grievance) within five (5) working days of its occurrence or within five (5) working
days of knowledge of the occurrence by the employee. The grievance must state the contract
provision(s) violated, the relief sought, the facts supporting the grievance, and must be signed by the
aggrieved employee. The supervisor shall then attempt to adjust the matter and shall respond to the
Steward or the employee; whichever has presented the grievance, within five (5) working days. The
Union Steward will be allowed a reasonable length of time to discuss adjustment of the grievance with
the appropriate supervisor.
2. STEP TWO: If the grievance has not been settled, it shall be presented in writing by the Union
steward, OR the employee to the department head within five (5) working days after the supervisor's
response is due. The department head shall respond in writing to the party presenting the grievance
within ten (10) working days.
3. STEP THREE: If the grievance remains unadjusted, it may then be presented by the Union
Steward, OR employee to the City Manager in writing within three (3) working days after the response
of the department head is due. The City Manager shall respond in writing to the party presenting the
grievance within fifteen (15) working days.
4. STEP FOUR: Mediation If the grievance is not resolved at STEP 3, and the employee and the
Union desire to proceed with the grievance then the employee and the Union may request mediation by
the Kentucky Labor Cabinet or any other mutually agreed upon mediator. The mediator shall have five
(5) working days to set a date for the mediation hearing within thirty (30) days. The mediator shall
attempt to mediate the dispute at the hearing. Should the mediator fail to resolve the dispute, then
either party may request a written advisory opinion from the mediator. The mediator shall be without
power or authority to alter, amend or modify any of the terms of this Agreement. The decision of the
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 6
mediator shall be submitted in writing within a reasonable time, but not later than thirty (30) days after
the date of the hearing. The parties expressly agree that the City and the Union both have the right to
accept or reject the mediator's decision.
5. STEP FIVE: If the grievance remains unadjusted, it may then be presented by the Union Steward,
OR the employee to the Board of Commissioners in writing within three (3) working days after the
response of the mediator is due. The statement of the grievance shall be filed with the City Clerk not
later than 4:30 p.m. on the last day permitted for the filing of the grievance at this step. The written
statement of appeal of the grievance shall set forth all the reasons and grounds for the grievance and
the appeal to the Board together with a statement of the relief sought. A copy of all previous written
documents involved in the action including any advisory opinion of the mediator shall be attached to the
grievance and made a part thereof. The grievance will be placed on the Commission agenda within three
weeks after it is presented. A vote of three Commissioners will be required to deny the grievance.
B. If the Union fails to respond within the time limits stated in any step of the grievance procedure,
the grievance shall be considered to be unsatisfactorily settled with the City's last stated position, unless
the time limits are extended by mutual agreement of the City and the Union. Failure by the City to
answer a grievance within the time period prescribed in Steps 1 through 3 shall constitute a denial of the
grievance unless the time limits are extended by mutual agreement of the City and the Union.
C. Up to three employees (Union President, Steward and Grievant) may be reimbursed for as much
as 30 minutes each at Step 1 through Step 3 of the Grievance Procedure.
D. Expenses for the mediator's services in the proceedings shall be borne equally by the City and
the Union or employee, provided, however, that each party shall be responsible for compensating
his/her own representatives and witnesses. If either party desires a transcript of the proceedings, it may
cause such a record to be made, but shall bear the cost, unless the transcript is taken by mutual
agreement. Each party shall be responsible for providing his/her own copy. In the event the mediator
requires a verbatim record of the proceedings, the original transcript shall be borne equally by both
parties.
E. The Union reserves the right to settle a grievance at any step.
4. PLEDGE AGAINST DISCRIMINATION AND COERCION
A. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit
without discrimination as to age, sex, marital status, race, color, creed, national origin, or political
affiliation. The Union shall share equally with the City the responsibility for applying this provision of the
agreement.
B. The City agrees not to interfere with the rights of an employee to become a member of the
Union, and there shall be no discrimination, interference, restraint or coercion by the City or any of its
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 7
supervisors and agents against any employee because of union membership or because of any activity in
an official capacity on behalf of the Union.
C. The Union recognizes its responsibilities herein and agrees to represent all employees in the
bargaining unit without discrimination, interference, restraint or coercion.
5. VACATION
A. No vacation leave shall be creditied to any employee until such time as he has worked for the
City for six (6) consecutive months, after which time vacation leave shall be credited from the date of
employment.
B. All employees of the Union shall receive vacation time as follows:
During the first nine (9) years of employment, vacation time shall accrue per pay period for a total of
120 hours per year.
At the beginning of the tenth year, vacation time shall accrue per pay period for a total of 160 hours per
year.
At the beginning of the fifteenth year, vacation time shall accrue per pay period for a total of 200 hours
per year.
At the beginning of the twentieth year, vacation time shall accrue per pay period for a total of 240 hours
per year
C. Each member may accrue up to a maximum of 400 hours of vacation at any one time. Absence
for a fraction or part of a day that is chargeable to vacation in accordance with the provisions of this
article shall be charged proportionately in an amount not smaller than one (1) hour increments.
D. Each Division Supervisorshall prepare a schedule of vacation for the entire year indicating how
many employees may be gone from work within the department at any one time, and request for
vacations shall be applied for on a basis of seniority during the period from January I through March 31.
Accrued time not originally applied for may be taken with the approval of the immediate supervisor at
any time. Employees shall submit requests for vacation leave by March 15th of each year. Management
will provide written responses to each request by March 31st of each year.
E. The number vacation days credited to each employee shall be printed on employee pay stubs.
6. SICK LEAVE
A. Employees shall be entitled to accrue sick leave time. The accrual rate of sick leave shall be at
the rate of one and one half (1 1/2) working days for each month of service. A month in which a salaried
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 8
employee is paid for fifteen (15) days or more and a daily or hourly employee is paid for twelve (12) days
or more, shall be considered a month of service.
B. Retirement Time Purchase [Applicable only to employees hired prior to 01/01/2014]: When an
employee retires the City will purchase one day of retirement credit for each sick day accumulated up to
a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50 days
accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on CERS
approval.
C. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be
entitled to the same unused sick leave benefits option as elected by the employee, either the retirement
time purchase benefit described in paragraph 2 above or the payment alternative described in
paragraph 4 below.
D. Payment alternative: Members of the bargaining unit hired prior to 01/01/2014 may elect the
following benefit in lieu of the Retirement Time Purchase described in Paragraph 2.
1. Upon retirement, employees electing the payment alternative who have over 50 days of sick
leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days
accumulated over 50 days up to a maximum of 70 days’ pay.
2. Current employees who desire to select this payment alternative in lieu of the Retirement Time
Purchase benefit in Paragraph 2 must state their desire in writing to the City Human Resources Director
before 4:30 p.m. June 30, 2004. Employees hired after this contract is executed who desire to select this
payment alternative in lieu of the retirement time purchase benefit in Paragraph 2 must state their
desire in writing to the City Human Resources Director within 90 days of their date of employment.
3. Employees who select this payment alternative may accrue a maximum of 150 days of sick
leave. All other employees may accrue a maximum of 242 days of sick leave.
E. Sick leave extensions for serious and unusual circumstances may be approved by the City
Manager at his discretion. The initial request for a sick leave extension will be submitted to the
employee's department head.
F. The employee, the employee's spouse or someone on behalf of the employee must notify the
department of an illness or need for sick leave not later than one hour after the time the employee is
scheduled to report to work in order for the employee to be eligible for pay, except for extenuating
circumstances which justifiably preclude the notification.
G. The number of sick days credited to each employee shall be printed on employee pay stubs.
H. The City and the Union agree that an employee who abuses sick leave may be disciplined
pursuant to the discipline article of the contract. It is agreed that employees may be required to provide
a medical statement following a written warning. It is agreed that employees will not be required to
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 9
provide a medical statement beyond the twelve months, required by City Policy and Procedures
governing sick leave abuse.
7. HOLIDAYS
A. The following days shall be recognized as holidays:
New Year's Eve Thanksgiving Day
New Year’s Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day Personal Day observed at discretion of employee
Martin Luther King B Day
B. If any of the above holidays fall on Sunday, Monday shall be recognized as the holiday. If any of
the above holidays fall on Saturday, the preceding Friday will be recognized as the holiday. For those
employees who regularly work on Saturday and/or Sunday, the same criteria shall apply for the days
recognized as those employees' weekend.
C. Employees will be paid for recognized holidays where qualified, in an amount equivalent to
eight times the employee's hourly rate or the equivalent to one day's pay. Employees who are required
to work on a recognized holiday shall be further compensated at one and one half (1 ½) times their
straight time hourly rate.
D. To qualify for holiday pay an employee must work his/her regularly scheduled shift the day
preceding and the day following the holiday or work the actual holiday unless properly excused.
E. Employees qualifying to receive holiday pay will receive credit for those hours as hours worked
for the purpose of calculating overtime.
8. JURY DUTY
An employee who is called to jury duty may be excused from work until released from the court. Said
employee will present court notice to his/her department head. The employee who has been excused
will be paid his/her normal straight time earnings while on jury duty and may retain the fees received
from court. Only scheduled workdays actually spent in court shall be counted in calculating payment.
An employee who is not required to report for jury duty during a session on a certain date shall report to
work. An employee who is not called at the opening of court for actual duty and who is excused for the
remainder of the day shall report for work within one (1) hour after being excused.
9. UNION BUSINESS
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 10
Union Members may attend Union functions for up to ten (10) Business days cumulatively annually
utilizing an unpaid leave of absence. The Union President shall notify both Department Directors giving
written notice two weeks in advance.
10. SAFETY COMMITTEE
The Safety Committee shall have representatives from each department to include a bargaining unit
representative. Meetings will be subject to call by the HR Director.
11. SAFETY SHOES & CLOTHING
A. The City agrees to make available to each employee covered by this contract a $300 boot
allowance each year, to be included in the employees’ pay on the second paycheck immediately
following July 1 each year. Footwear must be worn at all times per City PPE policy, and must comply
with OSHA 1910.136 or ANSI Z41-1991 to qualify for reimbursement.
B. Janitorial/Custodial personnel may be exempted from wearing safety shoes if approved by the
HR Director and they will not receive the allowance listed above.
C. Outdoor clothing shall be issued at hire date and replaced on three (3) year cycles.
12. HOURS OF WORK
A. DEFINITIONS
1. The payroll week shall consist of seven days extending from Thursday at 12:01 am. To
Wednesday 12:00 am. Unless it is changed to an alternative seven day period by City Commission
ordinance.
2. The normal workweek shall consist of forty (40) hours within the payroll week.
3. The normal workweek shall also be Monday through Friday; however, supervision may schedule
an employee for other than Monday through Friday when deemed appropriate.
4. The normal workday shall consist of eight (8) hours of work, or a normal schedule of four (4)
consecutive ten (10) hour days.
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 11
5. Employees may be assigned to work a flexible work schedule that provides for irregular starting
times.
6. The City will make every effort to notify an employee one week in advance before making a
work schedule change, but as a minimum twenty four (24) hours in advance.
B. OVERTIME
1. Employees who work more than forty (40) hours in any one-payroll week shall be paid one and
one half times the base straight time hourly rate for all excess hours worked.
2. For the purposes of calculating overtime, Bereavement Leave shall be considered “hours
worked.”
3. Employees required to work more than nine full days straight will be compensated at two times
the base straight time hourly rate for all hours worked beginning with the 10th day and continuing until
the employee receives a full day off. A full day shall be defined as an employee working the number of
hours in their regular scheduled shift. A shift is either eight (8) hours or ten (10) hours depending on
their schedule.
4. When an employee is called in and required to work overtime, he shall receive a minimum of
two (2) hours of overtime at one and one-half his regular straight-time hourly rate, regardless of
whether such employee works two full hours or not. During said two hour period of time he may be
subject to more than one assignment. In the event the employee works beyond two (2) hours during
the same overtime period, said employee shall receive time and one-half for each hour or part of an
hour after the two (2) hours period expires. Employees receiving call out pay will be paid time and one-
half for the duration of the call out assignment regardless of any leave taken during the pay cycle in
which the call out occurs, including: sick leave, vacation leave, jury duty, etc. Employees who have
served suspension without pay during the FLSA work cycle in which call out occurs will be ineligible for
time and one-half rate of pay.
5. Employees who work overtime shall not be required to take time off to offset the overtime
worked, although the employee may request time off at an alternate time during the work week in lieu
of compensation for the extra hours of work, subject to supervisory approval. In the event the
employees who work extended overtime are required by the City to take rest time off from the job, the
employees shall be compensated at their regular straight time rate for any such rest time which extends
into their next regular shift. Employees shall not be required to take vacation time as compensation for
said rest time.
6. As needed, employees will be required to work hours in excess of that set forth herein, and will
receive pay at the overtime rate as set out in subsection 1 above. When an employee is scheduled for
overtime work he will be paid not less than two (2) hours. During said two (2) hour period he may be
subject to more than one assignment.
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 12
7. Overtime offered immediately prior to or at the end of the workday will be assigned to the
employees who have been performing that work unless an employee has a special family obligation that
conflicts with the assignment. Such overtime may or may not be scheduled. Other overtime will be
assigned in accordance with the following guidelines.
8. Seniority will prevail for all overtime work on a rotation basis except where qualification and
expertise are an issue:
a. Overtime work shall be distributed equally to employees working within the same job
classification and by department, where possible. The distribution of overtime shall be
equalized over each six-month period beginning on the first day of January and the first day of
July each year. On each occasion, the opportunity to work overtime shall be offered to the
employee within the job classification, and department where possible, who has the least
number of overtime hours to his credit at that time. If this employee is not available to answer
a call after two (2) consecutive call-in occasions in a six (6) month period or does not accept the
assignment, he/she will be charged with such overtime hours as overtime worked, and the
employee with the next-fewest number of overtime hours to his credit shall be offered the
assignment. The City shall not be obligated to contact employees who are off duty other than
by telephone.
b. Each supervisor shall maintain an overtime record on an overtime chart provided to him.
Overtime record charts shall be available for review by the department steward and a current
copy of the overtime record charts shall be posted in the department.
c. Employees who refuse overtime will be charged with such overtime hours as overtime worked.
An employee absent for vacation will not be considered for overtime.
d. A new employee or an employee who changes classifications, department or shift will be
charged, at that time, with overtime equal to the greatest amount of overtime charged to any
employee in the classification in the department and on the shift to which he changes.
e. When overtime work is scheduled, the City will notify employees involved at least twenty -four
hours in advance of such scheduled overtime. When unscheduled overtime is required the City
will, except in unforeseen circumstances, notify the employee at least two hours before the end
of the shift immediately preceding the overtime. Any improper scheduling shall be corrected
only by offers of subsequent overtime assignments as they become available.
f. If an employee suffers a loss due to improper scheduling of overtime he must inform his
supervisor, and if he has in fact missed an overtime opportunity, he shall be offered the next
available assignment. The City agrees that an employee will suffer no loss of compensation in
the event that the next assignment, so offered, is not at the same pay level as the assignment
missed.
g. If an employee feels he will suffer a loss due to improper scheduling of overtime, he must
inform his supervisor of the situation prior to the last hour of his shift immediately preceding
the scheduled overtime. If no adjustment is made and a subsequent grievance substantiates the
improper scheduling he shall be offered the next available overtime assignment.
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h. It is understood that allowances for overtime differences due to special work requirements
and/or emergencies may be necessary. However, such allowances will be discussed with the
Union.
i. Overtime for all employees will be equalized on January 1 and July 1 of each year.
9. All employees must provide a telephone number where they may be called for overtime
purposes. Failure on the part of the employee to keep the City informed of his/her current address and
telephone number or place at which or through which he/she might be contacted shall relieve the City
of its responsibility in calling an employee for overtime work.
10. An employee who is required to work overtime and who works ten (10) or more continuous
and successive hours, excluding the scheduled meal time, will be allowed a sufficient time and
arrangements shall be made for him/her to have time to eat within the hour thereafter, and no time will
be deducted for such meal period during such overtime work, it being understood that the period will
be made as short as possible, and in no case to exceed thirty (30) minutes. An additional meal
allowance will be allowed for each four hours of consecutive work performed thereafter. The City shall
provide food and drinks at mealtime for employees when working overtime as referenced in this
paragraph. This provision does not apply to a four (4) day, ten (10) hours/day work week schedule of an
employee.
11. No employee will be required to work through the scheduled lunch period, except that any
employee who works through the scheduled lunch period at the request of the City will be paid for the
lunch period, provided however, that an employee’s lunch break shall not be deemed passed until
he/she has been working on the job for a period of one and one-half hours past the mid-point of his/her
work shift. No employee shall be forced to take an early time off to compensate him/her for time
worked during a lunch period.
12. There shall be no changing of starting time in order to avoid the payment of overtime.
C. LUNCH AND BREAK PERIODS
Employees shall be granted two (2) paid fifteen (15) minute work breaks, one occurring in the first half
of the shift and the second occurring in the second half of the work shift. Employees shall be granted an
unpaid lunch period of thirty (30) minutes. Included in these times is travel time to and from the job
site.
13. SEVERABILITY
Should any article, paragraph or portion thereof of this Contract be held unlawful or unenforceable by a
court of competent jurisdiction, such decision of the court shall apply only to the specific article,
paragraph or portion thereof as directly specified in the judgment, and upon issuance of such judgment,
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Page 14
the parties hereto agree to negotiate a substitute for the invalidated article, paragraph or portion
thereof
14. WAIVER IN EMERGENCY
A. In cases of emergency declared by the President of the United States, the Governor of the
Commonwealth of Kentucky, the Mayor of the City of Paducah, or the Federal or State Legislature, such
as acts of God or civil disorder, the following conditions of this Agreement may be temporarily
suspended:
1. Time limits for the processing of the grievance.
2. All agreements relating to the assignment of employees for the duration of the emergency
period only.
3. Upon termination of the emergency, grievances filed prior to the emergency shall be processed
in accordance with the provisions outlined in the grievance procedure of this Agreement and shall
proceed from the point in the grievance procedure to which the grievance(s) had properly progressed,
prior to the emergency.
15. LABOR/MANAGEMENT MEETINGS
A. In the interest of sound labor/management relations, once each quarter on a mutually agreed
date and time (or more frequent if mutually agreed), the employer's representatives shall meet with
two (2) table officers or designated persons of the Union to discuss pending problems and to promote a
more harmonious labor/management relationship. Such meetings are to be limited to no more than two
hours at a time. Meetings will be held during the Union representatives normal work time and they shall
suffer no loss of pay. However, if the number of employee hours being spent on such meetings becomes
excessive in management's opinion, the meetings shall be scheduled at times other than the employee's
working hours.
B. An agenda will be exchanged by the parties at least three (3) working days in advance of the
meeting with a list of matters to be discussed in the meeting and the names of those Union
representatives who will be attending. Additions to the agenda may be included prior to the start of the
meeting. The purpose of such meetings shall be to:
1. Discuss the administration of this Agreement.
2. Notify the Union of proposed changes by the Employer, which shall affect bargaining unit
members.
3. Discuss grievances that have not been processed beyond the final step of the grievance
procedure.
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4. Disseminate general information of interest to the parties.
5. Discuss ways to increase productivity and improve effectiveness.
6. To consider and discuss health and safety measures relating to employees.
7. Other matters mutually agreed upon.
C. It is further agreed that if special labor/management meetings have been requested, and
mutually agreed upon, they shall be convened as soon as possible.
16. DEFINITIONS
A. "City" as used herein, the term "City" shall mean the City of Paducah and/or its governing body,
the Board of Commissioners.
B. "Union" as used herein, the term "Union" shall mean the American Federation of State, County
and Municipal Employees, AFL CIO, Local 1586 and/or its officers and executive board.
C. "Employees" as used herein, the term "employees" shall mean all permanent full time
employees of the City who are members of the bargaining unit.
D. "Seasonal position" as used herein, the term "seasonal position" shall mean a position of
employment with the City which may be annual in nature, but limited to a particular seasonal need of
the City. Seasonal positions normally shall not exceed six months.
E. "Temporary Employees" Nothing herein shall prevent the City from hiring temporary
employees. However, the city shall not hire temporary employees for the purposes of eroding the
bargaining unit or to evade this agreement. Normally, these employees will be used for a limited period
not to extend six months. However, due to unforeseen circumstances the need may arise to extend
temporary employees beyond six months.
F. Each month the City Manager will present to the Commission a report listing all seasonal and
temporary employees who have been employed for more than 6 months.
G. "Evening shift" as used herein, the term "evening shift" shall mean a regularly scheduled period
for one or more employees in which more than one half the scheduled time is between the hours of
3:30 p.m. and 12:00 am.
H. "Night shift" as used herein, the term "night shift" shall mean a regularly scheduled work
period for one or more employees in which more than one half the scheduled time is between the hours
of 11:00 p.m. and 7:30 am.
I. "Seniority' as used herein, the term "seniority" shall mean length of service as a permanent
fulltime employee with the City. It is agreed and understood, however, that seniority shall be suspended
during the probationary period of ninety (90) days immediately following a promotion to a higher
classification, and shall also exclude all suspensions for disciplinary action.
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Page 16
J. It is agreed that any reference to his or her contained in this contract is intended to be gender
neutral.
17. MANAGEMENT RIGHTS
A. Except as expressly modified by a specific provision of this Agreement, the City retains its sole
and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City
which are not abridged by this Agreement include, but are not limited to, its right to hire and be the sole
judge of qualifications of applicants. The City has the right to direct the working forces, to discipline or
discharge for just cause, to establish, maintain and modify departmental procedures; to lay-off and
recall; to be the judge of whom to promote and the methods and procedures for promotions; to assign
work; to transfer employees as needed from one group/area to another in a manner most advantageous
to the City; to contract and subcontract with outside contractors; to establish, modify or change
manning levels and the amount or type of equipment in the department, etc.; the right to direct
employees of the department to include the right to hire, promote or transfer; the right to organize or
reorganize the Department in any manner to include the determination of job classifications; the
allocation and assignment of work to employees within the department that is advantageous to the City;
to introduce new, improved or different methods and techniques of operation or to change existing
methods and techniques of operation; to change, modify or purchase new types of equipment; to
establish or eliminate in-service training programs and requirements for upgrading the skills of
employees; to determine the location, methods, means and personnel by which operations are to be
conducted; to establish, implement and maintain internal security practice; to schedule overtime,
vacations, days off and holidays off; to take whatever actions may be necessary to carry out the mission
of the City in emergency situations; any other rights the City has not expressly given up in this
Agreement.
B. Failure by the City to exercise any of its rights shall not constitute a waiver of that right.
C. The above right and powers are vested in the City; however, the exercise of these rights shall be
subject to the grievance procedure as expressly modified by the terms of this Agreement.
18. WORK RULES
A. The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals,
has the right to promulgate work rules, regulations, policies, procedures and general orders.
B. The City agrees that no work rules, regulations or employment policies shall be established that are
in violation of any express terms of this Agreement.
C. Any additions or amendments to the work rules, regulations, policies, procedures and general orders
shall be reduced to writing, posted on the department bulletin boards and copies distributed to
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Page 17
members of the Bargaining Unit five (5) days prior to implementation; however this section does not
limit the right of the City, to meet emergency or operational needs, to implement any work rules or
regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period.
The addition or amendment will be dated and state its effective date. Each employee shall sign to
acknowledge receipt of same.
19. CIVIL SERVICE PROTECTION
The City has eliminated Civil Service Status for all classifications, but the City will continue to offer Civil
Service protection to Bargaining Unit employees that were hired under Civil Service. This protection will
continue even after an employee transfers to another non-Civil Service status classification that has
representation by the Bargaining Unit; however, promotions will be by merit. Employees utilizing Civil
Service Protection will not have the grievance procedure available to them.
20. TEMPORARY ASSIGNMENT
A. When, due to the absence of a regular employee or for operational needs, a temporary
assignment is available in a work unit the assignment shall first be offered to qualified employees in the
work unit where the assignment exists. The assignment may be rotated among employees to facilitate
the learning and training process for other employees or assigned to only previously qualified
employees, depending on the immediate needs of the department. In the instance of a temporary
assignment requiring greater than 90 days a rotation of qualified employees shall be used with each
employee serving for a period of thirty days after the initial 90-day period.
B. An employee who is awarded a temporary assignment in a higher rank position shall receive the
higher pay rate after he/she has worked four (4) continuous weeks (20 days worked). The adjusted
wage rate will be paid in a manner corresponding with the actual dates working in said acting position.
Once formal action has been taken to adjust the employee’s pay rate, that pay rate will be applied back
to the beginning of the temporary assignment. In instances where it is anticipated the assignment is to
be for four (4) weeks or longer, the increase will be initiated immediately. An employee who is awarded
an assignment in a lower rated position shall maintain his/her regular rate of pay. Employees filling
positions of higher classification on an intermittent or short-term basis are expected to perform those
duties as a part of their classification responsibility.
C. Employees who request in writing training to perform tasks that are not part of their normal job
may be given temporary assignments for training purposes with no increase in pay. Each Department
will maintain a training request sign-up sheet. Such training assignments without extra pay shall not be
continued after an employee has demonstrated his competency to perform the assignment. The City
shall adopt a City Policy on the work training program and shall receive input from an advisory
committee of Union members.
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21. MISCELLANEOUS
A. The Union and bargaining unit employees shall have access to Union bulletin boards for the
purpose of posting Union and other notices. All postings shall have the department director’s stamp of
approval for posting. It is understood that no material may be posted on any bulletin boards by the
Union which contain (a) personal attacks on any other member or any other employee; (b) scandalous,
scurrilous or derogatory attacks upon the City, or any other governmental units or officials; and (c)
attacks on and/or favorable comments regarding a candidate for public office.
B. At least once each quarter the City will provide electronically to the Treasurer of the Union a
roster of employees, showing the date hired, classification, department, home address with phone and
designating those employees for whom the Union has not provided dues payroll authorization forms to
the City. The Union shall furnish the City with a quarterly up to date list of names of Union executive
board members, in writing, to the City Manager.
C. Accredited representatives of AFSCME, whether local, district council, or international
representative shall have the full and free access to the premises of the City, involving work areas of
bargaining unit employees and City Administrative offices at City Hall for the purpose of attending
meetings, discussing personnel matters, contract disputes with City officials or department heads, safety
inspections or alleged violations of the contract, subject to prior notification and approval of the City
and with the understanding that work time interference will be kept at a minimum.
D. Supervisory personnel may perform non-supervisory work as time permits. However, it is
understood that a supervisor has primary responsibility in supervising employees and facilitating them in
the accomplishment of their work.
E. The City and the Union agree that employees work primarily in their classifications. However,
employees may be required to assist others in their department and such work may or may not be in
their classification. Nothing herein entitles Bargaining Unit employees to perform work for other City
employees that are performing minor maintenance, cleanup or incidental work related to the other City
employees job, e.g., hanging pictures, painting , moving furniture, lawn care, washing vehicles, cleaning
restrooms, etc. Training and safety will be primary considerations by management in the assignment of
work in all departments throughout the City.
F. The City will permit vending machines to be installed in all departments for the benefit of the
employees.
G. Whenever practical the City shall place tops and windshields on equipment to protect
employees from adverse weather conditions.
H. The City shall furnish and maintain individual lockers for all employees covered by this
Agreement.
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I. The City agrees that supervisors of employees, within the bargaining unit, shall make reasonable
effort to recognize seniority when assigning work to the employees, but it is understood that the
primary consideration must remain; qualifications, efficiency in a skill, and the proper completion of the
work to be done. An employee wishing to express a preference for a type of work may make it known to
his immediate supervisor in order to have consideration on future assignments. This provision shall
apply primarily to specific classifications within a particular department.
J. City supervisors and employees will not use profane or abusive language toward one another in
the performance of their job.
K. Work Group Leaders will be appointed by management and in compliance with City Ordinance
as they are needed to facilitate the efficient progress of work. Appointments will be made based on
qualification and performance with the length of appointment being at the discretion of management.
An employee appointed to a Group Leader position will receive additional $0.50/hour compensation.
L. The City agrees in its hiring practice to give its current team members preference in
appointment in a vacant union represented position. The City agrees that internal applicants will be
considered alongside external applicants but all internal applicants will be interviewed and receive a
practical exam when applicable.
22. OUTSIDE CONTRACTING
A. It is the intent of the City to make every effort to utilize its employees to perform work that they
have normally and historically performed. However, nothing herein shall be deemed a limitation on the
City's right to contract with outside contractors.
B. In the event the City contemplates or proposes to contract out work that could cause the layoff
of employees or a reduction of the employees in the bargaining unit, management will notify the Union
at least 60 days prior to taking such action.
C. A labor management meeting shall be held promptly to discuss the impact of outside
contracting on employees, the feasibility of the proposed third party contracting and the potential for
preventing erosion of the Bargaining Unit.
D. The Union will be notified of any other contracting out that the City intends to propose or
award.
E. Typically, the City will contract out work where expertise and/or equipment of other vendors
are needed, the volume of work is beyond the immediate capacity of the department to handle or the
City is at a cost competitive disadvantage to handle the work.
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23. SAFETY
In the event a job situation or item of equipment is reasonably challenged by an employee as a serious
threat to his safety, he shall notify his immediate supervisor, immediate superintendent, and his
steward. If the matter is not resolved to the satisfaction of the employee, he may take the matter up
with his department director, together with the supervisor and steward who will consult the applicable
Kentucky OSHA regulations in making their decisions. If the matter remains unresolved, the department
director will notify the HR Director, who will make the final determination in the matter. Any further
challenge by the employee may be handled through the grievance procedure or through the Kentucky
OSHA regulations as provided by law.
24. PROBATIONARY PERIOD
A. All new employees with the City and newly promoted employees shall serve a six (6) month
probationary period. No newly hired probationary employee may be a member of the union.
B. A probationary employee may be terminated at any time during his/her probationary period
and have no appeal through the Grievance Procedure.
C. A newly promoted employee will be allowed to return to his/her previous classification, a
classification previously held or a classification in which he/she is qualified provided there is an available
opening. The employee will have up to thirty (30) days to exercise this option.
25. CONTINUITY OF OPERATION
A. The services performed by the City of Paducah employees are governmental in nature and are
essential to the public's safety and welfare. Accordingly, it is agreed that there shall be no strikes during
the life of this agreement.
B. It is further understood and agreed that any refusal on the part of any employee to cross a
picket line at some other place, when the same is necessary to perform the duties assigned by the City
of Paducah, shall entitle the City of Paducah to perform the work by any means available.
C. The city of Paducah agrees that it will not lock out its employees during the life of this
agreement in support of its bargaining position or to require the Union to concede to its grievance.
26. WAGE AND BENEFITS
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Page 21
A. Life Insurance
The City shall pay for each bargaining unit employee the full premium for a $15,000 group life insurance
policy.
B. Wages
1. Employee classifications and wages are established and changed by City ordinance. Changes in
classification and/or compensation shall be reviewed with the Union prior to adoption by the City. The
following classifications and base wages will be in effect on the following dates:
CLASSIFICATION Hourly Rate
as of 12-19-20
July 2021 (FY22)
+ 2.5%
July 2022 (FY23)
+ 3.0%
July 2023 (FY24)
+ 2.0%
MAINTENANCE TECHNICIAN $20.52 $21.66 $22.31 $22.76
TRAFFIC TECHNICIAN $20.52 $21.66 $22.31 $22.76
FLOODWALL OPERATOR $20.53 $22.25 $22.92 $23.38
COMPOST / EQUIPMENT
OPERATOR $20.36 $22.48 $23.15 $23.61
CONCRETE FINISHER $20.36 $21.50 $22.14 $22.58
ROW MAINTENANCE PERSON $19.24 $20.80 $21.43 $21.86
SOLID WASTE TRUCK DRIVER $19.09 $21.25 $21.89 $22.32
LABORER $17.90 $19.37 $19.95 $20.35
JANITOR / COLLECTOR $18.91 $19.48 $19.87
2. Each employee shall receive longevity pay of seven dollars ($7.00) per month for each year of
continuous service up to and including twenty (20) years.
3. Payment for such service shall commence in the anniversary month of service. All vacation time,
sick leave and authorized leave of absence shall constitute service for the purpose of this provision.
4. Graduated Wage Scale will apply to all employees hired after January 30, 1998. Graduated Wage
Scale will apply to (all) classifications. Graduated Wage Scale will start on the newly Hired employee's
date of hire with a minimum hire rate of 80% of maximum, and increase 5% every six months until the
employee reaches 100%.
As an example:
Initial hire rate 80%
Six month anniversary 85%
Twelve month anniversary 90%
Eighteen month anniversary 95%
AFSCME Contract – July 1, 2021 / June 30, 2024
Page 22
Twenty four month anniversary 100%
5. The City may hire new employees into skilled positions at wage rates between 80% and 100% of
the full wage for the position needing to be filled, based upon the relevant qualifications of the
applicant. In the event an employee is hired above 80% of the wage rate for a position, the City agrees
to consider the qualifications of incumbent employees in the same position for consideration of pay
equity for comparable qualifications. In all cases when an employee is hired above the 80% wage rate
for a given position the City will provide written notice to the Union.
6. Employees leaving the City due to resignation, retirement, or termination will receive all monies
currently due him on the next pay period. Payroll can NOT be completed for any terminated employee
until all City issued clothing/equipment is certified as returned by the appropriate supervisor.
7. If an error results in an employee receiving less pay than is due him, the error will be corrected
on the employee's next paycheck. Hardship cases, those with a net error of $200 or greater with base
pay and for other than overtime calculations, will result in the City providing a make-up check on the
next business day after notification of the error.
8. Employees who work on the evening or night shift shall receive a shift premium of thirty five
(35) cents per hour for work performed on the evening shift, and a premium of fifty (50) cents per hour
for work performed on the night shift.
9. The City will pay all employees bi-weekly by direct deposit to an approved financial institution of
their choosing.
27. INDIVIDUAL AGREEMENT
The City agrees not to enter into any Agreement or contract with employees, individually or collectively,
which in any manner conflicts with the terms and provisions of this agreement. Employees are allowed
to work as referees and/or umpires in a non-collective bargaining capacity.
28. DURATION
A. The Agreement, when signed by the duly authorized officers of the City and the Union, shall
become effective as of July 1, 2021, and shall remain in full force and effect through the 30th day of
June, 2024.
B. Negotiations
1. Between November 1 and 15, 2023 either party may request in writing that negotiations be
opened to modify or renew this Agreement. Within 10 days of receipt of the request to open
negotiations the parties will meet and schedule at least four (4) negotiating meetings to be held
between January 2 and March 1, 2024. Failure to reach tentative agreement in this timeframe will
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Page 23
result in a ninety (90) day suspension of negotiations. On or about June 1 negotiations will resume and if
the parties come to an impasse, either party may request mediation services through the Kentucky
Labor Cabinet and the current Bargaining Agreement will be extended for thirty (30) days. If there is no
resolution through mediation or if the parties elect not to use mediation, then the City will present its
last, best, final offer to the Bargaining Unit for ratification vote.
2. In any event, nothing herein contained shall preclude either party from modifying or changing or
amending its proposals for a new Agreement. The City and Union each have entered into this
Agreement pursuant to duly adopted ordinances and resolution authorizing same.
3. The City agrees to pay three (3) employees representing the Bargaining Unit at the straight time
hourly rate for up to four (4) hours for each meeting up to a maximum of five (5) meetings for
negotiations of a new Collective Bargaining Agreement if the employee time lost is during normal work
hours.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have hereunto set their hand this ___ day of _March, 2021. This
agreement shall become effective upon signature of the parties.
For The City of Paducah, Kentucky for The American Federation
of State, County and Municipal
Employees, AFL-CIO Local 1586
______________________________ ___________________________
George Bray, Mayor David Shockley, President
WITNESS:
_____________________________
Brian Green
_____________________________
Jarred Griffin