HomeMy WebLinkAbout08-09-2022August 9, 2022
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, August 9, 2022, at
5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George
Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to
their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5).
INVOCATION
Commissioner Henderson led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
PRESENTATION
Communications Manager Pam Spencer provided the following:
Junior Duchess Award
"Mayor George Bray presented the first ever Junior Duchess Award to Nyla
Holder. A duke or duchess award is presented to someone who is making a positive
impact in the community. Nyla, an eighth -grade student at Lone Oak Middle School,
was nominated by her teacher, Carly Eskridge. Nyla has served as a school
ambassador and is active in the local community by volunteering with various
organizations including Martha's Vineyard, the Merryman House, Book for Hope,
and McCracken County Humane Society. Nyla also recently achieved the national
title of Jr. Miss Cosmos United States."
NEW EMPLOYEE INTRODUCTIONS
Fire Chief Steve Kyle introduced Firefighter Recruits Trayle Prescott, Nick Hatton, Nick Bogart,
Matt Uhlry, Mike Winnans, Kobe Bridges and Hunter Matlock.
MAYOR'S REMARKS
The City and County are working to finalize the interlocal agreement for the outdoor sports
complex with the goal of bringing it before the Board in the next few weeks.
CONSENTAGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. Mayor Bray requested that Item I(E) be pulled for separate consideration.
Mayor Bray asked the City Clerk to read the items on the Consent Agenda.
I(A)
Approve Minutes for July 26, 2022, Paducah Board of Commissioners Meeting
I(B)
Receive and File Documents:
Minute File:
1. Resolution — Community Development Block Grant — Paducah -McCracken County
Senior Citizens Center — MO #2619
Deed File:
1. Deed of Conveyance —between Cathy Priest and City of Paducah — 3181 Jackson Street
— MO #2574
Contract File:
1. Programmatic Agreement between MURAD, KY State Historic Preservation Office, et al
— BUILD Grant — Riverfront Pier — MO #2580
2. Contract For Services — DRMS — Digital Scanning Project — Paducah Police Department
— MO #2603
3. Memorandum of Agreement between City of Paducah and William Evans — Annexation
Incentives —1630 North Friendship Road — MO 42605
4. Fleet Maintenance Contract between City of Paducah and West Marshall Fire
Department — MO #2606
5. Agreement to Purchase Six Police Pursuit Rated SUVs — Linwood Motors — MO #2607
6. Contract For Services — Paxton Park Golf Board — MO #2608
August 9, 2022
7. Contract For Services — DWA Recreation — Playground Equipment — Langstaff Park —
signed by Suzanne Davidson — Assistant Parks and Recreation Director (See also
MO #2609)
8. Contract For Services between City of Paducah and Paducah Alliance of Neighbors —
MO #2611
9. Agreement For S. 25th Street Improvement Project— Central Paving Co.
ORD 2022-05-8736
Financials File:
1. Paducah Water Works —Month ending June 30, 2022
Bids File:
1. Consulting Services For Preservation Assessment and Stewardship of Certain Historic
Assets and Neighborhoods — Cultural Heritage Works and Rhodes Heritage Group —
MO #2614
2. Purchase of Six Police Pursuit Rated SUVs MO #2607
(a) Linwood Motors
I(C)
Personnel Actions
I(D)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
SPROCKET, INC. IN THE AMOUNT OF $75,000 TO PROVIDE SMALL BUSINESS
DEVELOPMENT AND JOB CREATION PROGRAMS (MO #2620; BK 12)
I(E)
11 -MUNICIPAL ORDER A U T'HORIZPA G THE MAYO TO- EX -E UT12 A !'�w'j 12 A CTR71
P A Dr C A 14 'T %P A SIT AUTHORITY ORITY IN THE AA!0t T-
OF $215,000 FOR PUBLIC
tet...
TRANSPORTATION SERVICES (A10 #2621, BK 12) Removed for separate discussion
I(F)
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT
TO THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER IN AN AMOUNT
OF $31,444.59 FOR SERVICES RELATED TO THE SET-UP AND DISMANTLING OF THE
DOME PAVILION FOR THE 2022 AQS QUILT SHOW (MO #2622; BK 12)
I(G)
A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WIi._-
JACQUELINE ANN BELL FOR PROPERTY TAX INCENTIVES RELATED TO THE
ANNEXATION OF 3520 OLIVET CHURCH ROAD, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2623; BK 12)
I(H)
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1404
MADISON STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING
THE OFFER OF CHARLES NICHOLS IN THE AMOUNT OF FIVE DOLLARS ($5.00) AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS
RELATED TO SAME (MO #2624; BK 12)
I(I)
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT
TO PADUCAH POWER SYSTEM FOR CONSTRUCTION IN AID FEES FOR THE SOUTH
24TH & SOUTH 25TH STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $74,185.55,
AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME
(MO #2625; BK 12)
I(J)
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE
PAYMENT TO PADUCAH POWER SYSTEM FOR CONSTRUCTION IN AID FEES FOR
THE BUCKNER LANE BRIDGE IMPROVEMENT PROJECT IN THE AMOUNT OF
$65,481, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED
SAME (MO 92626; BK 12)
I(K)
A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE FRONT
LOADER REFUSE TRUCK IN THE AMOUNT OF $316,469, FOR USE BY THE SOLID
WASTE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR SAME O #2627; BK 12
I(L)
A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE SIDE
ARM REFUSE TRUCK IN THE AMOUNT OF $341,338, FOR USE BY THE SOLID WASTE
DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME (MO 42628; BK 12)
August 9, 2022
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
MUNICIPAL ORDERS
CONTRACT FOR SERVICES WITH PADUCAH TRANSIT AUTHORITY
Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH PADUCAH TRANSIT AUTHORITY IN THE
AMOUNT OF $215,000 FOR PUBLIC TRANSPORTATION SERVICES"
Communications Manager Pam Spencer offered the following summary:
• Director Arthur Boykin attended the meeting and explained the various services provided and
how they are prioritized. Boykin also explained that the Transit Authority is experiencing a
shortage of drivers. PATS provides approximately 165,000 rides per year.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2621; BK 12)
AUTHORIZE PAYMENT TO INDUSTRIAL DEVELOPMENT AUTHORITY FOR
PURCHASE OF 6866 BOBO ROAD
Commissioner Henderson, offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
- FINANCE DIRECTOR TO MAKE PAYMENT TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 6866 BOBO ROAD IN
AN AMOUNT OF $98,928.46 FOR ECONOMIC DEVELOPMENT PURPOSES AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO 92629; BK 12)
ORDINANCE ADOPTION
REPEAL AND REPLACE CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE
OF ORDINANCES
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE REPEALING AND REPLACING
CHAPTER 108 "TELECOMMUNICATIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This ordinance
repeals and replaces Chapter 108 "Telecommunications" of the Code of Ordinances of the City of
Paducah in its entirety. The purpose of this ordinance is to establish local policy, guidelines,
standards, and time frames with respect to the regulation of telecommunications providers and to
promote competition in telecommunications. Additionally, this ordinance allows the City of
Paducah to permit and manage reasonable access to Rights -of -ways of the City for
telecommunication purposes and conserve the limited physical capacity of Rights-of-way held in
public trust by the City. This ordinance creates a non-exclusive franchise allowing
telecommunications providers to bid for the right to construct, erect, operate, and maintain upon,
through, along, under and over the Rights-of-way of the City of Paducah a Telecommunications
System. This ordinance requires fair and reasonable compensation to the City and the residents of
the City for permitting private use of the Rights-of-way including an application fee in a non-
refundable amount of five thousand dollars ($5,000) and franchise fee payments as set out herein.
As required by KRS 83A.060, the following sections of the Ordinance are set forth and shall be
published in their entirety:
108-30(p) "Minimum Annual Franchise Fee" means six thousand dollars ($6,000) in the first year
of the Grantee's franchise and shall increase by one thousand dollars ($1,000.00) annually.
August 9, 2022
108-31(a) Applications shall be accompanied by a non-refundable Application fee of five thousand
dollars ($5,000.00) payable to the City. Said Application fee shall not be considered Franchise Fee
payments.
108-47 Compensation
(a) The Franchise fee imposed under this Ordinance is not in lieu of any tax, fee or other
assessment except as specifically provided in this Ordinance, or as required by applicable law.
By way of example, and not limitation, permit fees and business license taxes are not waived
and remain applicable as provided by law. Additionally, the City may at any time impose any
fees or taxes consistent with state or federal law, including, but not limited to property taxes,
and occupational license fees.
(b) Grantee shall pay a quarterly Franchise Fee to the City, which shall be equal to the greater of
(a) the Minimum Annual Franchise Fee as defined herein and amended from time to time
("Minimum Annual Franchise Fee"); or (b) an amount equal to either (i) five percent (5%) of
Grantee's Gross Revenues, which shall be payable quarterly and may be passed through to
Grantee's Customers, if Grantee provides Telecommunications Service to Customers within
the City of Paducah ("Gross Revenue -based Franchise Fee"), or (ii) an amount equal to two
dollars ($2.00) per lineal foot of Facilities plus three thousand dollars ($3,000.00) per each
Wireless facility (other than Small wireless facilities) and two hundred seventy dollars
($270.00) per each Small wireless facilities if Grantee does not provide Telecommunications
Service to end-users within the City of Paducah ("Facilities -Based Franchise Fee");
(c) Grantee's first Franchise Fee payable under this Ordinance shall be paid to the City forty-five
(45) days after the City gives notice to the Grantee that the City has exercised its constitutional
right to collect Franchise Fees. Such payment will be prorated for the remaining calendar year
(rounded to the nearest month). Thereafter, Grantee shall pay each Franchise Fee (as
applicable) in accordance with the schedule below.
(d) Minimum Annual Franchise Fee payments, if applicable, to the City shall be paid on or before
April 15'' of each calendar year during the term of the franchise.
(e) Gross Revenue -Based Franchise Fee payments, if applicable, to the City shall be computed
based on Grantee's Gross Revenues from each calendar year quarter period (January 1 through
March 31, April 1 through June 30, July 1 through September 30, and October 1 through
December 31) and paid on or before the forty-fifth (45h) day following each calendar quarter
period during the term of the franchise.
(f) Facilities -Based Franchise Fee payments, if applicable, to the City shall be computed based
on Grantee's lineal foot of Facilities in the City of Paducah as of January 1 of each calendar
year and paid on or before April 15'h of each calendar year during the term of the franchise.
(g) Payment not received by the City by the due date shall be assessed interest equal to the lessor
of (i) one percent (1%) per month, or (ii) the highest rate permitted by law. Interest shall be
compounded annually. Interest shall be due on the entire late payment from the date on which
the payment was due until the date on which the City receives payment.
(h) Prior to making each payment to the City, Grantee shall file with the City a written report
containing an accurate statement in summarized form, as well as in detail, of its calculation of
the amount of the payment, verified by an officer or other authorized representative of
Grantee, setting forth its Gross Revenues according to their accounting subdivisions, and any
deductions claimed for the period upon which the payment is computed. Such reports shall be
in form satisfactory to the City.
(i) If any Franchise Fee is owed to the City, upon reasonable notice, the City shall have the right
to inspect the Grantee's income records, the right to audit and to re -compute any amounts
determined to be payable under any Franchise granted pursuant to this Ordinance; provided,
however, that such audit shall take place within twelve (12) months following the close of
each of the Grantee's fiscal years. If, as a result of such audit or review, the City determines
that Grantee has underpaid its fees to the City in any twelve (12) month period by ten percent
(10%) or more, then, in addition to making full payment of the relevant obligation, Grantee
shall reimburse the City for all expenses incurred as a result of an audit or review and such
payments shall be paid within the thirty (30) days following written notice to the Grantee by
the City, which notice shall include a copy of the audit report and copies of all invoices for
which the City seeks reimbursement.
(j) If any Franchise Fee is owed to the City, in the event that any Franchise Fee payment or
recomputed amount is not made to the City on or before the applicable dates heretofore
specified, interest shall be charged from such date as defined in this Ordinance.
(k) No accord and satisfaction. No acceptance by the City of any Franchise Fee or any other
payment shall be construed as an accord that the amount paid is in fact the correct amount,
nor shall acceptance of any Franchise Fee or any other payment be construed as a release of
any claim of the City
August 9, 2022
(1) The City reserves the right to require the Grantee to collect any consumer or other tax or other
fee that may be imposed by the City, the Commonwealth of Kentucky, or the federal
government on Telecommunications Services.
(m)Notwithstanding any other provision of this Ordinance, the Grantee shall be required to pay
the Government an amount intended to adequately compensate it for its permitting and
inspection of the Grantee's construction activities in the Rights-of-way pursuant to the Code
and all attorney's fees that the Government may incur relating to the franchising process,
including but not limited to any attorneys' fees incurred relating granting of the franchise
and any transfer, renewal or modification of the franchise.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (ORD 2022-08-8745; BK 36)
ORDINANCE INTRODUCTION
BUDGET AMENDMENT FOR FUND BALANCE TRANSFER FOR VEHICLE PURCHASES
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE
NO. 2022-06-8740, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022,
THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This
Ordinance is summarized as follows: Amend the annual budget for the fiscal year beginning July 1,
2022, and ending "June 30, 2023, as follows:
Transfer $113,082.00 from Fleet Lease Fund Fund Balance to Account 71000210
540050 (Fleet Lease Vehicles).
Transfer $155,793.00 from Solid Waste Fund Fund Balance to Account
50002209 540050 (Solid Waste Vehicles).
City Manager
• Commended the City departments for their work in helping make the August 8th celebration
a success.
• Stated that the design work on the Cherry Civic Center is about 95% complete. He hopes to
have that RFP out soon.
He and Parks and Recreation Director Amie Clark met with the design team for the
pickleball courts. They hope to have the RFP out in the Fall and have construction
completed in the Spring.
Commissioner Wilson
Requested information on the timeline of the Sports Park Interlocal Agreement. City Manager
Jordan said that he met with Deputy Judge Executive Doolittle last week and he hopes to have a
final draft back to distribute to Commissioners sometime this week.
Commissioner Henderson
Reiterated City Manager's comments regarding the success of the August 8th Celebration. He was
pleased with the participation of the team.
EXECUTIVE SESSION
Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topic:
➢ Future sale or acquisition of a specific parcel(s) of real estate, as permitted by
KRS 61.810(1)(b)
➢ A specific proposal by a business entity where public discussion of
the subject matter would jeopardize the location, retention, expansion
or upgrading of a business entity, as permitted by KRS 61.810(1)(g)
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)•
August 9, 2022
RECONVENE IN OPEN SESSION
Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Paducah Board
of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Guess, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
TIME ADJOURNED: 6:40 p.m.
ADOPTED: August 23, 2022. P� 'P
George P. Bray, Mayor
ATTEST:
t
Lindsay PVisW City Clerk