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HomeMy WebLinkAboutAgenda Packet 03-14-2023ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION Paducah Tilghman High School Wrestling State Champions - Head Coach Seth Livingston 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 CITY COMMISSION MEETING A. AGENDA FOR MARCH 14, 2023 5:00 PM B. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET C. Appointment of Christopher Jones to the Code Enforcement Board 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 PROCLAMATION Paducah Tilghman High School Wrestling State Champions - Head Coach Seth Livingston 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 24 & 28, 2023, Board of Commissioners Meetings B. Receive & File Documents C. Appointment of Christopher Jones to the Code Enforcement Board D. Appointment of Allan Rhodes to the Paducah Planning Commission E. Appointment of Mark Thompson, and reappointment of Jeanne Stroup and Steve Seltzer to the Paducah Golf Commission F. Appointment of Evan Rittgers to the Electric Plant Board G. Personnel Actions H. Accept Donation of Property Located at 1401 Old Mayfield Road - G. CHERRY L Accept Donation of Property Located at 1400 Tennessee - S. KYLE J. Approve an Application for a 911 Services Board Grant in the Amount of $8,828 - B.LAIRD K. Approve the Application and Acceptance of a 2023-24 Household Hazardous Waste Grant in the Amount of $40,632 - C. YAR-BER L. Authorize the Acceptance of a Community Development Block Grant in the amount of $200,000 on Behalf of Four Rivers Recovery Center - H. REASONS IL MUNICIPAL ORDERS) A. Authorize Opioid Settlement Participation Agreements - D. JORDAN & L. PARISH III. ORDINANCE(S) - ADOPTION A. Approve the Consensual Annexation of 2631 Holt Road - J. SOMMER B. Approve a Telecommunications Franchise Agreement with OpenFiber Kentucky Company, LLC dba Accelecom - M. SMOLEN IV. ORDINANCE(S) - INTRODUCTION A. Approve a Budget Amendment for the Fleet Plan Budget FY2023 in an amount of $156,870 - C. YAR-BER B. Amend the FY23 City Budget to Increase Revenues and Expenditures for the Community Development Block Grant Fund by $200,000 - H. REASONS C. Approve 2023-2024 Resurfacing Program Contract with Jim Smith Contracting, LLC. - R. MURPHY D. Amend the City Police Officers Educational Incentive Plan Ordinance - S. WILCOX V. DISCUSSION A. Discussion Regarding City's Portion of Convention Center Roof VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION February 24, 2023 At a Called Meeting of the Paducah Board of Commissioners held on Friday, February 24, 2023, at 12:00 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, the following answered to their names: Commissioners Henderson, Smith, Wilson, and Mayor Bray (4). Commissioner Guess was unable to attend (1). OPENING REMARKS Mayor Bray and City Manager Daron Jordan welcomed the Commission and City Leadership Team and thanked everyone for joining the meeting. They commented that this is an important meeting for the City's budgeting process. 2022 COMMISSION PRIORITIES KEYACCOMPLISHMENTS AND FURTHER OPPORTUNITIES Assistant City Manager Michelle Smolen went over the 2022 Commission Priorities and the key accomplishments of 2022 including: • 911 Radio/Tower Upgrades and Operational Funding o The City issued the joint 911 RFP o Supported the 911 Joint Committee • Beautification 0 739 downloads of the Tyler 311 app. Received 1080 Service requests. o Creative & Cultural Council top priority is a large public art project in 2023 o The Civic Beautification Board is participating the April Earth Day event, updating Dogwood trail signsibanners and focusing on Welcome to Paducah signs • Community Growth o The City and County entered into an interlocal agreement to complete the joint comprehensive plan 0 6 individuals have moved and received the Remote Workers Incentives o Upon property owners request, continue Consensual annexations • Continue Efforts to Improve Operational Efficiencies o Technology Enhancements o Elected officials met with leadership team members o Continue to strive for improvement in the construction development process • Downtown 0 13 new businesses downtown in 2022 o Appointed new Main Street Board members and held goal setting retreat o Received National Main Street Accreditation o Downtown Events • Housing o Enhanced the surplus property process 0 196 multifamily units and 56 residential lots were approved by Planning in 2022 o Southside Committee focusing on residential grants • Minority Inclusion o Completed organizational -wide DE&I Training o Murray State partnership o Sponsorship and partnerships on Juneteenth and August 8l' o Coordinating efforts with the Paducah Diversity Advisory Board • Protecting Key Historical and Cultural Resources o Rhodes Heritage Group developing recommendations for preserving and stewarding historic assets in our community o Civic Center Renovation • Southside o Southside Steering Committee focusing on residential incentives and improvements to Coleman Park • Trails & Bike Path Enhancements o Pursuing National Park Service grant to assist with public input and developing a plan for the Greenway Trail expansion • Continuous Improvement — Stormwater o S4 million in ARPA funds for the Buckner Lane Bridge Replacement and the South 25'' Street improvement project o Drainage ditch improvement along Central Avenue • Continuous Improvement — City Facilities February 24, 2023 o The City allocated S1.1 million over the past budget years to begin facilities maintenance projects o The facilities projects from the 2020 facilities study are prioritized and work has been focused on City Hall basement/sewer and Fire Station improvements Continuous Improvement — Joint City/County Sportsplex o The City, County, and Sports Commission Interlocal Agreement o The Design Team and Work Group are meeting regularly o Community stakeholder meetings were conducted in November LEADERSHIP TEAM PRESENTATIONS — TOP TWO PRIORITIES COMMUNICATIONS Communications Director Pam Spencer presented the following priorities (a copy of the handout is available in the Minute file): • Focus on accessibility and user enhancement for City website through engagement with Monsido • Promotion of Commission Priorities, City Projects, and City Services CLERK/CX City Clerk & Director of Customer Experience Lindsay Parish presented the following priorities: • Code of Ordinances Updates — Legal Review, Ethics, Human Rights • Additional Promotion & Education on Kick -Start Meetings, 311, and Special Event Permitting ENGINEERING City Engineer Rick Murphy presented the following priorities (a copy of the handout is available in the Minute file): • Stormwater • Street Rehabilitation FINANCE Finance Director Jonathan Perkins presented the following priorities: • 2020A GOB Spending Plan Completed • Popular Annual Financial Report (PAFR) FIRE DEPARTMENT Fire Chief Steve Kyle presented the following priorities (a copy of the handout is available in the Minute file): • Facilities • Fire Training Field HUMAN RESOURCES Human Resources Director Stefanie Wilcox presented the following priorities: • Minority Inclusion • Policy Updates & Annual Training PARKS Parks and Recreation Director Amie Clark presented the following priorities: • Parks Department Relocation Efforts • Noble Park Improvements PLANNING Planning Director Nicholas Hutchison presented the following priorities: • Southside • Community Growth POLICE DEPARTMENT Police Chief Brian Laird presented the following priorities: • New Police Facility 0 911 Radio System February 24, 2023 PUBLIC WORKS Public Works Director Chris Yarber presented the following priorities: • Building maintenance on City facilities and city -owned rental properties Downtown restroom facility needs to be replaced • Beautification of downtown — trash cans, benches, Christmas decorations, etc- TECHNOLOGY taTECHNOLOGY DEPARTMENT • Modernization of IT infrastructure Life cycle replacement plan for equipment • Governance — Policies and procedures for accountability, security controls and education OPEN DISCUSSION & WRAP UP City Manager Daron Jordan suggested creating "Top 10" Priorities. The next Commission Priorities Workshop meeting will be Friday, March 10, 2023 from Noon to 4:30 p.m. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Henderson, Smith, Wilson, Mayor Bray (4) TIME ADJOURNED: Approximately 4:38 pm. ADOPTED: March 14, 2023 George P. Bray, Mayor ATTEST: Lindsay Parish, City Clerk February 28, 2023 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, February 28, 2023, 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 Assistant City Clerk, Claudia Meeks, the following answered to their names: Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5). INVOCATION Commissioner Guess led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PRESENTATIONS Communications Manager, Pam Spencer, offered the following summaries: "Employee Recognition and Living Our Values Every Day (LOVE) Award Recipients Mayor George Bray presented Letters of Commendation to Public Works employees Jarried Griffin and Steven Cheswick who while working on Jefferson Street reported the abuse of a dog to law enforcement. The City recognized the employees who are receiving 2022 LOVE awards. The Living Our Values Every Day Awards recognize employees who embrace the City's organizational values. The employees are nominated by other employees with a city employee team reviewing the nominations to select one employee (or team of employees) for each of the six organizational values. The award recipients are as follows: • Action -Oriented: Keith Riley, Floodwall Division of Engineering Department • Customer Experience: Melissa Franklin, Public Works Department • Every Person Matters: Joseph Burton, Greg Cherry, David Denton, Stephen Glisson, Matthew Graves, Rodney Hall, Ronnie Hines, Jonathan Holzapfel, Cary King, Stephen Kyle, Shaelea McKinney, Coty Murphy, Nicholas Noland, Joseph Smith, and April Tinsman - Paducah Fire Department members who responded during 2021 Mayfield tornado • Fiscal Responsibility: Erica Gipson, Finance Department • Personal Accountability: Nathan Jaimet, Paducah Police Department • Solution -Driven: Tina Cooper and Kaitlyn Wells, Technology Department" Six Month Review of Paducah's Finances Finance Director Jonathan Perkins provided an overview of the General Fund's revenue and expenditures for the first half of Fiscal Year 2023 which is through December 31, 2022. In short, revenues have increased as compared to the previous year with payroll taxes increasing the most with an increase of 8.7 percent. Other categories have increased including property tax revenue, interest income, and business licenses. Expenditures have increased as well in most departments but are slightly less than expected. Perkins said, "We are in a good place for the first six months." CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed for separate consideration. Mayor Bray asked the Assistant February 28, 2023 City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the February 14, 2023, Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Transcript of Public Hearing held on January 17, 2023 Board of Commissioners v. David Guess Contract File: 1. Civic Plus — Municode Contract — signed by City Manager Daron Jordan 2. Agreement to pay costs of foreclosure on 1400 Bloom Avenue between City of Paducah and Hack Partners — signed by City Manager Daron Jordan 3. One -Year Renewal Agreement with Central Paving for Compost Grinding of Tree Debris and Yard Waste - See MO 92564 4. Kentucky Deferred Compensation (KDC) Joinder Agreement to participate in the KY 401(k) and KY 457 Plan — MO 92685 5. Fleet Maintenance Agreement with Barlow Kentucky Fire Department — MO #2699 6. Release and Assignment (Agreement) — Western Surety Company — Default of Huffman Construction, LLC —Pump Station 92 Rehabilitation Project— MO #2701 Financials File: 1. Paducah Water Works — Month ending January 31, 2023 Bids File: 1 EPA Brownfields RFQ (a) LFI (b) Tetra Tech * Final Selection — See MO 92699 (c) HDR (IC) Personnel Actions I(D) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A TECHNICAL ASSISTANCE GRANT THROUGH THE NATIONAL PARK SERVICE - RIVERS, TRAILS AND CONSERVATION ASSISTANCE PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2702, BK 12 I(E) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR BIDS TO REPLACE COMPUTER NETWORK SWITCHES AND ROUTERS (MO #2703, BK 12) I(F) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR BIDS TO MAKE UPDATES TO FIRE STATION NO. 2 MO #2704, BK 12 Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the consent agenda be adopted as presented. February 28, 2023 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). RESOLUTION Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Resolution entitled, "A RESOLUTION OPPOSING THE PASSAGE OF SENATE BILL 50 AND HOUSE BILL 50 RELATING TO PARTISAN LOCAL ELECTIONS." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDER RELOCATION OF DOG PARKS Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board adopt a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE RECOMMENDATION OF THE PADUCAH/MCCRACKEN COUNTY ATHLETIC COMPLEX DESIGN TEAM TO RELOCATE THE DOG PARKS IN STUART NELSON PARK TO NOBLE PARK, IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE PADUCAH-MCCRACKEN COUNTY ATHLETIC COMPLEX." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2705, BK 12) ORDINANCE ADOPTION APPROVE AN INTERLOCAL COOPERATION AGREEMENT OR THE CITY OF PADUCAH/McCRACKEN COUNTY 2045 COMPREHENSIVE PLAN Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR ESTABLISHMENT OF A CITY/COUNTY COMPREHENSIVE PLAN." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute an Interlocal Cooperation Agreement between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, for Comprehensive Plan preparation services from Kendig Keast Collaborative. Said consulting work shall be in a contract amount of $150,000 with the City of Paducah and the County of McCracken each paying 50% of the cost. This expenditure shall be charged to Project Account MR0087. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5). (ORD 2023-02-8761; BK 36) February 28, 2023 ORDINANCE INTRODUCTION APPROVE CONSENSUAL ANNEXATION OF 2631 HOLT ROAD Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This Ordinance is summarized as follows: The City of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the present city limits, located at 2631 Holt Road, containing approximately 3.71 acres of land. APPROVE TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY COMPANY, LLC, D/B/A ACCELECOM Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE GRANTING A NON- EXCLUSIVE FRANCHISE FOR A TERM OF TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE CONFINES OF THE CITY OF PADUCAH, KENTUCKY TO OPENFIBER KENTUCKY COMPANY, LLC, D/B/A ACCELECOM, PURSUANT TO THE TERMS AND PROVISIONS OF CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY COMPANY AND ALL OTHER DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This Ordinance formally accepts the bid of Accelecom for a non-exclusive telecommunications franchise within the City of Paducah, said bid being in substantial compliance with bid specifications, and as contained in the bid of Accelecom of November 11, 2022. Further, this Ordinance grants a ten (10) year, non- exclusive telecommunications franchise to OpenFiber Kentucky Company, LLC, d/b/a Accelecom, pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah. DISCUSSIONS: Communications Manager Pam Spencer offered the following summaries: Pickleball Court Update City Manager Daron Jordan updated the Board on the request for bids for the construction of eight pickleball courts at Noble Park across from the tennis courts. These courts would have fencing, shelters, and lighting. The City issued a request earlier this year; however, only one bid was received with the bid much higher than the anticipated cost. The Board decided to reissue the bid packet next week with the hope that more companies will submit bids. • Public Comments: Christine Operle and Mike Rogers Re: Pickleball Courts Energy Project Assessment Districts (EPAD) City Manager Jordan discussed with the Board establishing an Energy Project Assessment District (EPAD) in Paducah. This is a way for commercial, agricultural, industrial, non-profit, and multi- family property owners to pay for certain energy efficiency building improvements. February 28, 2023 2022 Commission Priorities Annual Update Assistant City Manager Michelle Smolen provided the Board with an annual report regarding the priorities that were adopted following the February 2022 strategic planning retreat. The Board held a strategic planning retreat with the Leadership Team last Friday and plans to hold a session on Friday, March 10 to determine the 2023 priorities for the City. To read the 2022 annual report and learn more, visit https://paducahky.gov/commission-priorities-strate igic-plan. PUBLIC COMMENTS • Dujuan Thomas — Diversity and Inclusion • Martha Howell — Stormwater issues at 5105 Hill Terrace • George Thomas - Discrimination ADJOURN Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the meeting be adjourned. All in favor (5). TIME ADJOURNED: 7:31 p.m. ADOPTED: March 14, 2023 George P. Bray, Mayor ATTEST: Claudia S. Meeks, Assistant City Clerk March 14, 2023 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners for February 24, 2023 2. Letter from Collins & Company dated February 20, 2023, regarding coverage in lawsuit David Guess vs. City of Paducah, et al 3. Letter of Support — ViWinTech Windows & Doors, Inc. Contract File: Professional Services Agreement between City of Paducah and Tetra Tech, Inc. - MO #2699 CITY OF PADUCAH March 14, 2023 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. ??2icLie Smaew City Manager's Office Signature 3/8/2023 Date CITY OF PADUCAH PERSONNEL ACTIONS March 14, 2023 NEW HIRES - FULL-TIME (F/T PUBLIC WORKS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Rogers, Terry M. Laborer $19.95/hr NCS Non -Ex March 23, 2023 PAYROLL ADJUSTMENTSITRANSFERS/PROMOTIONSITEMPORARY ASSIGNMENTS (FULL-TIME) PREVIOUS POSITION CURRENT POSITION POLICE AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Jaimet, Nathan C. Detective Operations Sergeant NCS Non -Ex March 23, 2023 $30.29/hr $34.51/hr PUBLIC WORKS Kennedy, James G. Parks ROW Maintenance Public Works ROW Maintenance NCS Non -Ex March 23, 2023 $21.43/hr $21.43/hr Smith, Taylor J. ROW Maintenance Compost Equipment Operator NCS Non -Ex March 9, 2023 $21.43/hr $23.15/hr TECHONOLOGY Cooper, Tina R. Systems Technician Systems Technician NCS Ex March 9, 2023 $27.68/hr $28.37/hr Wells, Kaitlyn R. Systems Administrator Systems Administrator NCS Ex March 9, 2023 $25.82/hr $26.34/hr TERMINATIONS - PART-TIME (PIT) ENGINEERING POSITION REASON EFFECTIVE DATE Barrett, Cary J. Temp- Pump Operator Resignation March 6, 2023 Burns, Kenneth R. Temp- Pump Operator Resignation March 2, 2023 Burns, Rosie R. Temp- Pump Operator Resignation March 2, 2023 Ryan Sr., Wayne Temp- Pump Operator Deceased February 28, 2023 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Accept Donation of Property Located at 1401 Old Mayfield Road - G. CHERRY Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: The property owner Eric L. Elder Sr. would like to donate this property to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to Planning for future re -development. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: To authorize Mayor George Bray to sign the deed transferring 1401 Old Mayfield Road to the City of Paducah. Attachments: 1. MO - prop donated —1401 Old Mayfield Road MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1401 OLD MAYFIELD ROAD FROM ERIC L. ELDER, SR. TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the property located at 1401 Old Mayfield Road from Eric L. Elder, Sr. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. Said property will be turned over to the Planning Department for future redevelopment. 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 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 \mo\prop donated —1401 Old Mayfield Road Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Accept Donation of Property Located at 1400 Tennessee - S. KYLE Category: Municipal Order Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: The fire department currently has a training site on north 6th street that is going to have to be vacated. Joint Sewer Agency needs the property for expansion. In addition, the existing structures are in a state of disrepair and would need significant investment. P & L Railroad Inc has agreed to donate 14.864 acres at 1400 Tennessee Street to the City for the fire department's development of a new training field. The property has been surveyed and appraised and meets the environmental requirements for the City to accept. The property is being accepted as an in-kind donation with a value of $60,000.00. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Accept donation of property located at 1400 Tennessee Street. Attachments: 1. MO - prop donated —1400 Tennessee Street 2. Appraisal 3. 22436 - TN Street Waiver - recorded 1-11-23 4. 22436 - Tract Desc - stamped 5. Deed of Conveyance MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1400 TENNESSEE STREET FROM P & L RAILROAD, INC. TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE WHEREAS, the Fire Department currently has a training site located on North Sixth Street that is going to have to be vacated because the Joint Sewer Agency needs that property for expansion; and WHEREAS, P & L Railroad, Inc., has agreed to donate 14.864 acres located at 1400 Tennessee Street for the Fire Department's development of a new training field; and WHEREAS, the property has been surveyed and appraised and meets the environmental requirements for the City to accept. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the property located at 1400 Tennessee Street from P & L Railroad, Inc. This property is being accepted as an in-kind donation with a value of $60,000. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, March 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 \mo\prop donated -1400 Tennessee Street December 14, 2022 rile NO. IJUU nernucKy HVenL Paducah Fire Department, Stephen Kyle 301 Washington ST Paducah, KY, 42003 File Number: 1500 Kentucky Avenue In accordance with your request, I have appraised the real property at: 1500 Kentucky AVE (14 acres to be surveyed) Paducah. KY 42003 The purpose of this appraisal is to develop an opinion of the defined value of the subject property, as vacant. The property rights appraised are the fee simple interest in the site. In my opinion, the defined value of the property as of November 3, 2022 is: 60,000 Sixty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, assignment conditions and appropriate certifications. Sincerely, U Mary Hoy Restricted -Use Land Appraisal Report File No. 1500 Kentucky Avenu The purpose of this appraisal report is to provide the client with a credible opinion of the defined value of the subject property, given the intended use of the appraisal. Client Nametintended User Paducah Fire Department, Stephen Kyle E-mail skyleapaducahky.gov Client Address 301 Washington ST City Paducah State KY zip 42003 Additional Intended User(s) P & L Railroad as the owner and Leslie Owen as the attorney for the City of Paducah Intended Use To establish a value for donation to the City of Paducah. Pro ertAddress 1500 Kentucky AVE 14 acres to be surveyed) City Paducah State KY zip 42003 Ownerof Public Record Paducah and Louisville Railway, INC. County McCracken Legal Description To be determined. Roughly 14 acres near 10th and Tennessee Street " Assessor's Parcel H n/a Tax Year 2022 R.E. Taxes $ n/a Neighborhood Name Paducah Midtown to Southside Map Reference n/a Census Tract 0306.00 Property Ri hts Appraised X Fee Sim le Leasehold E Other describe M research Ddid X did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. PriorSalelTransfer: Dale n/a Price n/a Source(s) Courthouse Record • Analysis of prior sale or transfer history of the subject property (and comparable sales, if applicable) No prior sales were found for subject within 3 years or • comparable sales within 1 year of the effective date of this appraisal. Offerings, options and contracts as of the effective date of the appraisal Real Estate Sale and Purchase Agreement to be determined. Neighborhood Characteristics One -Unit Housing Trends One -Unit Housing Present Land Use% LocationX❑ Urban ❑ Suburban ❑ Rural Pro ertValues ❑ Increasin ❑X Stable ❑ Declining PRICE AGE One -Unit 60 % Built -Up ❑X Over75% ❑25-75% Ll Under 25% Demand/Su ❑Shortage X In Balance [I Over Supply $(000)(yrs) 2-4 Unit 5 % Growth ❑ Rapid X❑ Stable ❑ Slow Marketing Time ❑ Under 3 mths [4 3-6 mths ❑ Over 6 mths 80 Low 10 Multi -Family 5 % • Neighborhood Boundaries Boundaries include Park Avenue to the North, 4th ST to the East, Broad 300 High 150 Commercial 20 % ST to the South and 21 st ST to the East. 100 Pred. 80 Other industri 10 % ' Neighborhood Description All amenities are conveniently located within a 15 minute drive of subject. Market appeal is average. The subject property conforms well to the surrounding neighborhood. Market Conditions (including support for the above conclusions) Demand and supply are in balance. Financing is readily available. Dimensions n/a Area 14 acres appx Shape irregular view residential Specific Zoning Classification M-1 Zoning Description light industrial Zoning Compliance [4 Legal ❑ Legal Nonconforming Grandfathered Use ❑ No Zoning ❑ Illegal describe Highest and best use of the subject property Subject has been vacant for years. It is transferring to the Fire Department to use in staging fres, etc. Utilities Public Other (describe) Public Other (describe) Off-site Improvements—Type Public Private Electricity ❑ ❑ Water ❑ ❑ Street paved ❑X ❑ Gas ❑ ❑ Sanitary Sewer ❑ ❑ Alley ravel ❑ ❑ FEMA Special Flood Hazard Area ❑ Yes X❑ No FEMA Flood Zone X FEMA Ma n 21145CO153F FEMA Map Date 11-02-2011 Site Comments Public utilities are available. There are none connected at this time. There is a gravel alley way that leads to the area from Tennessee Street. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 1500 Kentucky AVE (14 acre 6557 1 C Avenue 1800-1946 Meacham LN 3315 Pines RD Paducah, KY 42003 Paducah, KY 42003 Paducah, KY 42003 Paducah, KY 42001 Proximity to subject 5.48 miles SE 3.01 miles SE 2.43 miles NW Sales Price $ Price$/ acre 0 Is 35,000 1 4,375 $ $38,000 1 $3,657 $ 105,000 7,479 Data Source Regional MLS #113086 Regional MLS #116148 Regional MLS #110641 Date of Sale and DESCRIPTION DESCRIPTION +(-) Adjust. DESCRIPTION +(-) Adjust. DESCRIPTION +(-) Adjust. Time Adjustment 2/10/2022 10/13/2022 03/116/2022 Location Urban suburban suburban suburban Site/View 14 +/- acres 8 acres 10.39 acres 14.04 acres ' Sales or Financing cash Cash cash Concessions 0 0 0 Net Ad'.(Total) ❑X + ❑ - Indicated Value Net Adj. 0.0% ofSub'ect Gross '. 0.0% Is 0 ❑X + ❑ - $ 0 ❑X + ❑ - $ 0 Net Adj. 0.0% $ 4,375 GmssAd. 0.0% Net Adj. 0.0% $ 3 657 Gross Ad. 0.0% $ 7,479 Summary of Sales Comparrison Approach Sales are selected that are the most comparable to subject at this time. Sales data of sites like subject within a 1 mile radius are limited. No adjustments are made to sales. Subject is a unique property. There are no paired sales from which to calculate adjustments. The sales are within 3 miles of subject. Most weight is given Sales 1 and 2. Sale 3 is adjacent to the railroad; however, it is a superior location to subject. This appraisal is made X "as is," LJ subject to the following: • Based on the scope of work, assumptions, limiting conditions and appraiser's certification, my (our) opinion of the defined value ofthe real property that is the subject ofthis report is$ 60,000 asof 11/03/2022 , which is the effective date of this appraisal. par Prodt"uwg ACI wftm ,&10.234.8727 wuwacmebrom This fa Copynghl®20052014 ACI, All Rights Res d. Page 1 V 3 (gPAR-) General Purpose Appraisal Report 0511010 GPARIANO_1005252010 Mary Hoy Restricted -Use Land Appraisal Report rile No. 1500 Kentucky Avenu Scope of Work, Assumptions and Limiting Conditions Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as" the type and extent of research and analyses in an assignment." In short, scope of work is simply what the appraiser did and did not do during the course of the assignment. It includes, but is not limited to: the extent to which the property is identified and inspected, the type and extent of data researched, the type and extent of analyses applied to arrive at opinions or conclusions. The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client, other identified intended users and to the intended use ofthe report. This report was prepared for the sole and exclusive use of the client and other identified intended users for the identified intended use and its use by any other parties is prohibited. The appraiser is not responsible for unauthorized use of the report. The appraiser's certification appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are set forth by the appraiser in the report. All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the assignment results. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made thereto. 4. Neither all, nor any part of the content of this report, copy or other media thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the client and other intended users as identified in this report, nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent of the appraiser. 5. The appraiser will not disclose the contents of this appraisal report unless required by applicable law or as specified in the Uniform Standards of Professional Appraisal Practice. 6. Information, estimates, and opinions furnished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser is assumed by the appraiser. 7. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering or testing, which might be required to discover such factors. This appraisal is not an environmental assessment of the property and should not be considered as such. 8. This appraisal report should not be used to disclose the condition of the property as it relates to the presence/absence of defects. The client is invited and encouraged to employ qualified experts to inspect and address areas of concern. If negative conditions are discovered, the opinion of value maybe affected. 9. Appraisals involving hypothetical conditions related to completion of new construction, repairs or alteration are based on the assumption that such completion, alteration or repairs will be competently performed. Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions _. ■ ■ar Page 2 M 3 (gPAR-) General Restricted-Use Land Appraisal Report File No. 1500 Kentucky Avenu Appraiser's Certification The appraiser(s) certifies that, to the best ofthe appraiser's knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the appraiser's personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. Unless otherwise stated, the appraiser has no present or prospective interest in the property that is the subject of this report and has no personal interest with respect to the parties involved. 4. The appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. The appraisers engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. The appraiser's compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The appraiser's analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8. Unless otherwise noted, the appraiser has made a personal inspection of the property that is the subject of this report. 9. Unless noted below, no one provided significant real property appraisal assistance to the appraiser signing this certification. Significant real property appraisal assistance provided by: Additional Certifications: Subject site is to be cut out of a larger tract. Acreage is approximate. Definition of Value: [K Market Value ❑ Other Value: Source of Definition: FNMA Selling Guides Market Value is the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is noit affected by undue stimulus. ADDRESS OF THE PROPERTY APPRAISED: 1500 Kentucky AVE (14 acres to be surveyed) Paducah, KY 42003 EFFECTIVE DATE OF THE APPRAISAL: 11/03/2022 APPRAISED VALUE OF THE SUBJECT PROPERTY s 60,000 APPRAISER SUPERVISORY APPRAISER Signature: b6w At at Signature: Name: Mary Ho Name: State Certification if 000792 State Certification # or License # or License # or Other (describe): State #: State: State: KY Expiration Date of Certification or License: Expiration Date of Certification or License: 06/30/2023 Date of Signature: Date of Signature and Report: 12/14/2022 Date of Property Viewing: Date of Property Viewing: 10/28/2022 Degree of property viewing: Degree of property viewing: ❑ Did personally view ❑ Did not personally view ❑X Did personally view ❑ Did not personally view ar-Pmduced using ACI wit— 800.234.8]27—acmeb— This fwm Copyright® 2005-2014 ACI, All Rights Reserved. g./y■ Page 3 V 3 (gPAR-) General Purpose Appprraisal Repoa 0512010 GPARIAN0_1005252010 ge„ rulpuePe-erzPP..v,nlreyu,c Mary Hoy SUBJECT PROPERTY PHOTO ADDENDUM Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 FRONT VIEW OF SUBJECT PROPERTY Appraised Date: November 3, 2022 Appraised Value: $ 60,000 REAR VIEW OF SUBJECT PROPERTY STREETSCENE LOCATION MAP Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 Midway <�� G 0 y� Mt. Pleasant Church of Christ Cretaceous Hills Nature Preserve Waldo Baptist Church® as ❑3 ILLINpts Massac - Forest Nalure o KENTUCKY -- Preserve •-- Brockport Unionville gh Point ^� Subject 1500 Kentucky AVE (14 acres to be surveyed) Paducah. KY 42003 (J Comparable Sale 3 3ob Noble Park 'aducah 3315 Pines RD Paducah. KY 42001 2.43 miles NW •� Comparable Sale 2e iesn 1800-1946 Meacham LN Paducah, KV 42003 – t 3.01 mites SE Comparable Sale 1 r. ; Ledbel 6557 1 C Avenue Massac Lone Oak Hendron Paducah, KY 42003 Farley 5.48 miles SE 42Bii 335, : - l @ Reidland ( E: SS 338 .3;Yy - 7P.7 asc Apple Valley Hillbiilyn Garden and Toyland T Paducah International 'c14 Raceway St Johns 3aa} Black Cat Hardmoney er Baptist Church^ 19 Flva Baptist Church • • r 21`. 131` tvtBR data .7Z.riZ2 GOOgA' Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 C� 1 111111111111iN 6 1II@y'l4.1jIRI11 i11� Iahilll toIi IM Ke,Y "c y 2eaI Esc+. -& Appra 4e rk 3� 0 -CW 21 Here y gm,piy, a, CertiCred Residential Real Property Appraiser 'ro- Mary Marshall Hoy Marshall Company Appraisers 3927 Court Avenue Paducah: KY 42001 License N4 792 wi+o-324A ofthe,Ke t-chyF"4edSt0tute* M WrTW SS kW"ZFOT. we hater r�,..�ed,t3.e o/fir nLsrs+L�rbuf�arrlLc+nd,catLvs d {or il+e yrar s1+o+on.w.bow John G. Kenkel, Jr., Chair John Brewer, lice Chair Justin W. Noble William Jeffrey Fultz John Dexter Outlaw LThis certificate expires 6/30/2023 1 1 Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 caa CERTIFICATE OF REAL ESTATE LICENSEE ERRORS AND OMISSIONS INSURANCE Insurance Company: Continental Casualty Company, a CNA insurance company, (Confinental) Producer: Rim Insurance Services Center. A Ornsion of AssumdPsr1hamNL. LLC (RISC) 4211 Norboume Boulevard. Louisville, Kentucky 40207.4048 Phone: (800)637.-(31Q Fax: (5021997-7174 Mary M Hoy 3927 Court Asa Paducah, KY42001 THIS CERTIFICATE OF INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE SET FORTH IN THE POLICY AND ANY ENDORSEMENTS ISSUED TOTE LICENSEE. THIS CERTIFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE POLICY REFERENCED HEREIN. This is m certify that Me ipaowmq Cleanses ic inaumd. ae stated below, thorough the groua errors and omissions insurance polcy issued to the Kentucky Reel Fatale Commtesisn: Insured: My M Huy Real Estate License Number. KY : 205712- 6 (d applosta.) Policy Number 22 E00031KY Individual Policy Period: 0410112022 to 0410112024' Lknile of UaMlty: 5100,000 percla" 1 S1,D00,000 aggragate•• Deductibles. Damage Dedoebtxe SO Claim Expenses Oeducilbe $0 This policy is* clalmereads-endralrorted policy. 0 only applais ro Chaxms drat ae nede and mpor ed during this Indwidual Policy Paved or any opptimiso Extended Relor ng Pored. To protea he Insared'a monist and preserve any a,ehible coverage, i is essential in repot tlelms tersely In accordance with the pokey provisions. Ynr nary "Maxx a mpy of the gmxp MYry mlila at vvvw rlr i tont Ynr may alts Mxa¢x cgxrea of int gmuP prtx:Y aril any nPtinrpl mcfesemanls Purchased by Gating us at (900) 637-7319. ecd 1. l'��_^• 03)2BY1022 Aullhonrod Reprosentairve Data Generated ni—Puq acaexPre petro rxe P.cirummr nilxeiae, noeewhr tie 4ekend n smrasrvx vn ra polity exaumm. "Limb NfaMry nq Nm torsi rpucM gPaYmein m eAYrm oxi.d Emainn[ mrSV2e]] ..MstiT Policy Number: 22 60 DOM KY Insursd Nance Mary M Huy Effect— 04M 2022 w 04,01!2024 CNA APPRAISAL ENDORSEMENT In consideration of the additional premium paid to the Company, 4 Is understood and agreed that the policy Is amended as follows: I. The Sactlon ontaod EXCLUSIONS, the exciuslon ontdod Spoclted Activities, paragraph 2. is delated in Its erwrety, It. The Section entitled EXCLUSIONS, the axckrsion entitled Commission Disputes is deleted in its isminety and replaced with the folicvmq: disputes over commlWouns a fees between real estate brokers, real estate salespersons, real estate sales associates andlor eppralsens or disputes over commissions crises involving lawsuits nitrated by the Insured. This excluspn doer not apply to disputes over dbmmisebns or fees iavoiving coumardalms filed with the approval Of the Company: Ill, The Section entitled DEFINITIONS, the definition of Professional Services is amended by the addition of the following: Proll—ramd Servicae alae means services partnrmoa by the Lieansaa as a Komucxy licensee mal ostia appraiser. carti8ed general appraear, certiI residential appraiser. licensed residential real property appraiser, or credentialed associate appraiser, provided all necessary ocensas are held by the Licenses at the lame of the ad. arms, or onvsl:ion giving rise to the Claim. IV. The Section entitled DEFINITIONS, the definition of Real Estate Firm is amended by the addition of the ldlowirg: Real Estate Fimn also means a legal entity with which real estate appraisers are affiliated and which the LIeensee Woriu ; le, or represents. This endorsement does not apply to any Claim If the Licensee does not hold an active license, oartikcale, or credential Issued by the Kentucky Real Estate Appraisal Board. pursuant to KR.S. Chapter 324A, a1 some paint duywg the IndWldual Polley Parked. Additionally, this endorsement does not apply to arty Clain made prior to the effective date of to endorsement or atter the exp in icn of the Individual Policy Period or any applicable Extended Reporting Period. If prior to the eflectIve date of this endorsement any Insured had a reasonable basis to believe a Claim may ansa, than this endorsernant shell nal apply to such Claim or Related Claim Ail other terms and conditions, of the Policy rent" Unchanged. This erdorsemwt. which forms a part of and is fa attachment to the Policy issued by the designated Insurers. lakes e1in t on the affaclive data of -W Policy at the hour stated n said Policy, uTl.. another abatis. data is drown below, and expires concramndy with mid Pnllcy_ Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 F7gPUblir-Mt x; i :n : m �, r , 3 ti• ', t r. ac - -• may' tC� of i, '- Jtai �, $ �..� , '�`.�i " "•, `'+` t !fir-. t { F - i �• %Nr y y Ott r �v+ZI ' v , Ai "ki lOil d.Xv �i. � 5. ✓ i. �� fiy�yW, ✓•k'j vj ,1, �f;�j}•r. A r t,$q17'I✓ '~� .r €' - J`- •,alt. ^�F!: �4t�Mt. �y ;A�' �'ij U�'4"•. ��.',i;.r _ `�d7;��.. 'T } ti�{� Subject ?i d1 l1500 to be • Paducah. KY 42003 er " : �Yy Y` j+ tiY a�,i� Yi e{�1 Eiri of9rff3�t�fe��y �:JD �• }{ ' « N ki l ` 1 T 1 j•1't�7• * y ^ .�rti+ a �.` •� , r, ��l�}. !r.,`.ri• fir,` y / �"- i ��`' e.. - iti • �• ' `' ik r ::pf, 1 :ri'd r - 1 I,. t.',+7 y „h �� �`�. ` �,a ,� .1 .�'..V�.•�-.r :lis;. Google - + S J y_ ' 1Vfap data;92022 Irracery 4 2^.,22 C N E S i Airbus, May:v May:Ttc r , -. FLOOD MAP Client: Paducah Fire Department, Stephen Kyle File No.: 1500 Kentucky Avenue Property Address: 1500 Kentucky AVE (14 acres to be surveyed) Case No.: City: Paducah State: KY Zip: 42003 FLOOD INFORMATION Community: CITY OF PADUCAH Property is NOT in a FEMA Special Flood Hazard Area Map Number: 21145CO153F Panel: 21145CO153 Zone: X Map Date: 11-02-2011 FIDS: 21145 Source: FEMA DFIRM LEGEND a= FEMA Special Flood Hazard Area — High Risk = Moderate and Minimal Risk Areas Road View: Forest = Water Sky Flood" No ny p ty rr t,.. 1n,, ,1. y 11 C1,11r,%rr„nesx of this flond report, including any warranty of merchantability or fitness fora particulnr purpose is implied or provided V—A scaling factors differ between map layers and am wpa.a .from flood zone irrfnrmatinn at marker location Na li.bdrty ,s accepted to any turd thrs fiood map or is data. _._...�o irv3WLMVd30 31111 ANOfLLN3N 'HtlOf10Yd 10 ALD N01 - ANOfllN3N 'HVOf10Yd W 13—S 3.—w ONI 'OVWN 31lmtnol , Htl0110Vd 2 NOldtl a 9NIIS 1 m" N1�8 rrN ae a1N�3Ho WNN �B NMvaa NVWJIUOM I U3NUVA NOJVB zzoz/oc/u�liva snzz� orvia3roaa � rroaHlaens 10 a3AlYx. ¢I (03o'O13A300) l 1£I H1f10S (M/6,09) AjA61S Hlfl 133f115 H - ue u Z. � 3 - _ mm oma m_ _ ___---- u6 z 3< H wd�p N a rcis Zm� z. 11 w z zz - w as W _ U III z - a a z z Iz z z '<o z a a ala a aha» a \ l p€ W iRHa i M, ®m zo V _ - a ag - I :ate e z .8° ¢I (03o'O13A300) l 1£I H1f10S (M/6,09) AjA61S Hlfl 133f115 H - ue u Z. � 3 - _ mm oma m_ _ ___---- u6 z 3< H wd�p N a rcis Zm� z. 11 w z zz - w as W _ U III z - a a z z Iz z z '<o z a og< =�o _ Nww <P5 o - o w €¢ Wa3zz3 0 z�z mu.m a zz - w o a ala a aha» og< =�o _ Nww <P5 o - o w €¢ Wa3zz3 0 z�z mu.m a BFW BACON I FARMER I WORKMAN ENGINEERING & TESTING, INC. 500 SOUTH 17TH STREET I PADUCAH, KY 42003 LEGAL DESCRIPTION - TRACT A A certain tract of land as surveyed by Bacon Farmer Workman Engineering and Testing, Inc. under the direction of Kyrun Jett Wood, P.L.S.#3445 and being generally located east of Paducah & Louisville Railroad tracks, west of South 13th Street, and south of Adams Street, in Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a 1/2" rebar and cap stamped "BFW KJW #3445" (set), said point being in the south right-of-way of Tennessee Street, said point also being 33 feet from the centerline of Tennessee Street, said point also being approximately 867 feet from the western right-of-way of South 12th Street, said point also being the northwest corner of the Robert Harold Sorrell, Jr. and William Morris property (recorded in Deed Book 1399, Page 556); Thence along the west property line of the above said Sorrell and Morris property, S59034'49"E a distance of 261.64 ft. to a 1/2" rebar and cap stamped "BFW KJW #3445" (set); Thence continuing along the west property line of the above said Sorrell and Morris property, S42031'09"E a distance of 220.00 ft. to a 6" concrete monument with shiner (found); Thence continuing along the west property line of the above said Sorrell and Morris property, S3°02'18"E a distance of 80.02 ft. to a 6" concrete monument with shiner (found), said point being the northeast corner of the D -Port Directional Drilling and Utilities, LLC property (recorded in Deed Book 1444, Page 261); Thence along the north property line of the above said D -Port Directional Drilling and Utilities, LLC property, S45011'25"W a distance of 220.21 ft. to a 6" concrete monument with shiner (found); Thence continuing along the north property line of the above said D -Port Directional Drilling and Utilities, LLC property, S78037'25"W a distance of 114.82 ft. to a 6" concrete monument with shiner (found), said point being the northwest corner of the D -Port Directional Drilling and Utilities, LLC property, said point also being the northeast corner of abandoned Paducah & Louisville Railroad right-of-way; Thence along a new property line, S76049'09"W a distance of 68.59 ft. to a 1/2" rebar and cap stamped "BFW KJW #3445" (set), said point being the northwest corner of abandoned Paducah & Louisville Railroad right-of-way, said point also being the northeast corner of the GJG Properties, LLC property (recorded in Deed Book 1115, Page 395); Thence along the north property line of the above said GJG Properties, LLC property, S78025'36"W a distance of 216.00 ft. to a 3/4" rebar (found); Thence continuing along the north property line of the above said GJG Properties, LLC property and along the north property line of the Mohammed & Denise Mourad property (recorded in Deed Book 1174, Page 29), N50007'48"W a distance of 254.89 ft. to a 5/8" rebar; Thence continuing along the north property line of the above said Mourad property, N74006'40"W a distance of 224.00 ft. to a point, said point being 12 feet past a V2" rebar and cap stamped "BFW REF" (set), said point being 64.3 feet from the centerline of Paducah & Louisville Railroad tracks; Thence along a new property line, N5020'54"E a distance of 1,657.72 ft. to a railroad rail (found) and passing through a 1/2" rebar and cap stamped "BFW REF" (set) at 12.00 ft., said point being 50 feet from the centerline of Paducah & Louisville Railroad tracks, said point also being the southwest corner of the City of Paducah property (recorded in Deed Book 626, Page 467); Thence along the south property line of the above said City of Paducah property, N65014'52"E a distance of 71.33 ft. to a railroad rail (found), said point being northwest corner of the Mary 0. Briles Estate property (recorded in Deed Book 569, Page 330); Thence along the west property line of the above said Briles Estate property, S5018'31"W a distance of 668.25 ft. to a 1/2" rebar and cap stamped "BFW KJW #3445" (set); Thence continuing along the west property line of the above said Briles Estate property, S32047'29"E a distance of 296.00 ft. to a 1/2" rebar and cap stamped "BFW KJW #3445" (set); Thence continuing along the west property line of the above said Briles Estate property, S27004'29"E a distance of 378.00 ft. to a railroad rail (found); Thence continuing along the west property line of the above said Briles Estate property, S60030'17"E a distance of 12.00 ft. to a railroad rail (found), said point being the southwest corner of the above said Briles Estate property, said point also being in the north right-of-way of Tennessee Street; Thence, S25°01'08"E a distance of 67.16 ft. to a 1/2" rebar and cap stamped "BFW KJW #3445" (set), said point being in the south right-of-way of Tennessee Street; Thence along the south right-of-way of Tennessee Street, N64058'52"E a distance of 56.33 ft. to the point of beginning. The above described Tract contains 14.864 acres. The above described tract is part of the Paducah & Louisville Railroad, Inc. property (recorded in Deed Book 98, Page 192) and part of Paducah & Louisville Railroad, Inc. abandoned right-of-way. IAND SURVEYOR K Cifi3l�rt�a�litililtliitll,�liltttt113' -) Po. 10, Z°Z3 BACON I FARMER f WORKMAN ENGl N E 6 PIRG 8 TE STiiMG INC DEED OF CONVEYANCE THIS DEED made and entered into this the day of March, 2023, by and between PADUCAH & LOUISVILLE RAILWAY, INC., an Kentucky corporation, having a principal office at 200 Clark Street, Paducah, KY 42003, hereinafter "Grantor"; and the CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Commonwealth of Kentucky, having a principal office at of 300 South 5t' Street, Paducah, KY 42003, hereinafter "Grantee"; WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of $1.00, cash in hand paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, Grantor does hereby remise, release, and quitclaim unto the Grantee, its successors and assigns forever, together with all the improvements, appurtenances and rights thereunto belonging, the following described property, lying and being in McCracken County, Kentucky, and more particularly described as follows: Being Tract A, consisting of 14.864 acres, as depicted on Waiver of Subdivision Plat for Paducah & Louisville Railroad, Inc. Property, of record in Plat Section "M", page 1797, in the office of the McCracken County Court Clerk. Being a part of the same property conveyed to VMV Enterprises, Inc., a Kentucky corporation and Paducah & Louisville Railway, Inc., a Kentucky corporation, by deed dated August 27, 1986, of record in Deed Book 691, page 342. VMV Enterprises, Inc. conveyed its right, title and interest to Paducah & Louisville Railway, Inc. by deed dated August 27, 1986, of record in Deed Book 717, page 403. All records in the office of the McCracken County Court Clerk. This conveyance is subject to the terms of a Ri TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns forever. —1— Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the foregoing transfer of real property is made for the purpose of conveying the property to the Grantee, further, that the estimated fair cash value for the property hereby transferred is: $60,000.00. This conveyance is subject to Grantor's right of first refusal to purchase any or all of the above-described property and improvements thereon upon the following terms and conditions: 1. Term of the Right of First Refusal. The term of this right of first refusal shall commence on the date upon which it is executed by the parties hereto, and it shall continue in perpetuity. This right of first refusal shall remain in full force and effect unless terminated in writing by Grantor, or its successors and assigns. 2. Exercise of the Right of First Refusal. In the event the City of Paducah, Kentucky (hereinafter, the "City") shall receive a bona fide written offer to purchase all or any portion of the above-described property (the "Sale Property"), which Paducah & Louisville Railway, Inc. (hereinafter, "P&L") desires to accept (an "Offer"), P&L shall have an exclusive right of first refusal to purchase the Sale Property in accordance with the following provisions: a. Within five days of receipt of an Offer, the City shall provide written notice to P&L of the price and other material terms and conditions of such Offer, and the City shall further cause to be delivered to P&L together with such written notice, copies of all documents exchanged between the City and the offeror which contain, interpret, or amplify the terms, conditions and provisions of such Offer. b. Upon delivery of such written notice and documents described in Section (a), P&L shall have a period of 60 days (the "Offer Period") within which to exercise its right to purchase the Sale Property described in the Offer at the same price and upon the same terms as contained in the Offer. C. P&L may exercise its right to purchase the Sale Property described in the Offer by providing written notice to the City of its intent to exercise this right of first refusal prior to 5:00 p.m. CST on the 60th day following receipt of the notice required in Section 2(a). In the event the P&L elects to exercise its right of first refusal herein, P&L shall be bound to complete the purchase in accordance with the closing terms provided in Section 2(e). d. In the event P&L fails to exercise its right of first refusal during the Offer Period, P&L's right of first refusal to purchase the Sale Property described in the Offer shall terminate and be of no further legal force or effect, and the City may then sell the Sale Property to the offeror. e. The closing date of P&L's purchase of the Sale Property described in the —2— Offer shall be within thirty (30) days following the City's receipt of P&L's written notice of its intent to exercise its right of first refusal, unless extended by the written mutual agreement of the parties. At time of closing, the City agrees to convey title to P&L by quitclaim deed. P&L shall be responsible for expenses related to closing, including reasonable attorneys' fees incurred by the City. The City shall tender to P&L a quitclaim deed of conveyance to the property described in the Offer simultaneous with P&L's tender of the purchase price described in the Offer. 3. Notices. All notices, requests, demands, and other communications under this right of first refusal shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given at the address stated above, by first class mail, registered or certified, postage prepaid, and properly addressed. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. GRANTOR: PADUCAH & LOUISVILLE RAILWAY, INC., a Kentucky corporation By: THOMAS GREENE, PRESIDENT & CEO STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was sworn and acknowledged before me this day of March, 2023 by Thomas Greene, President & CEO of Paducah & Louisville Railway, Inc., a Kentucky corporation, on behalf of said corporation, Grantor. My commission expires: NOTARY PUBLIC, STATE AT LARGE —3— GRANTEE: CITY OF PADUCAH, KENTUCKY M. GEORGE BRAY, MAYOR STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was sworn and acknowledged before me this day of March, 2023 by George Bray, Mayor of the City of Paducah, Kentucky, Grantee. My commission expires: This instrument prepared by: KEULER, KELLY, HUTCHINS, BLANKENSHIP & SIGLER, LLP 100 SOUTH 4th STREET SUITE 400 PADUCAH, KY 42001 276304 NOTARY PUBLIC, STATE AT LARGE —4— Send subsequent year tax bill to: City of Paducah 300 South 5th St. Paducah, KY 42002 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve an Application for a 911 Services Board Grant in the Amount of $8,828 - B.LAIRD Category: Municipal Order Staff Work By: Kimberly Clark, Anthony Copeland, Hope Reasons Presentation By: Brian Laird Background Information: The 911 Services Board Grant Program was created in 2006 to help PSAPs acquire E911 equipment, and is now focused on supporting the NG911 Road Map and enhanced NG91 I Mapping Guide standards. One of the funding categories is Geospatial and Mapping Projects. The Paducah E911 Department is requesting funding to purchase GIS data professional services to support GIS datasets for use in Next Generation 9-1-1 (NG9-1 - 1)/Public Safety Answering Point (PSAP) mapping systems. There is no match required for this grant. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the Application for the 911 Services Board Grant and authorize the Mayor to sign all documents required for the application. Attachments: MO - app — 911 Services Board Grant 2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION FOR A 911 SERVICES BOARD GRANT IN THE AMOUNT OF $8,828 TO BE USED BY THE PADUCAH 911 COMMUNICATION SERVICES DIVISION TO PURCHASE GIS DATA PROFESSIONAL SERVICES BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby approves the execution of a grant application to obtain a grant for a 911 services board grant in the amount of $8,828, to be used by the Paducah 911 Communications Services Division to purchase GIS data professional services to support GIS datasets for use in next -generation 9-1-1 (NG9-1-1) Public Safety Answering Point (PSAP) mapping systems. This grant does not require a local cash match. 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 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 \mo\grants\app — 911 Services Board Grant 2023 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve the Application and Acceptance of a 2023-24 Household Hazardous Waste Grant in the Amount of $40,632 - C. YARBER Category: Municipal Order Staff Work By: Chris Yarber, Latrisha Pryor, Hope Reasons, Pam Spencer Presentation By: Chris Yarber Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal of hazardous waste and advertising/education of Spring Clean-up Day. For nearly 30 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. The Public Works Department desires to submit an application for the 2023-24 Kentucky Division of Waste Management Household Hazardous Waste Award Program. This grant requires a 25% cash or in-kind match. The City will act as the Lead Agency/Fiscal Agent and seeks an award of $40,632, which will be combined with the required local cash match of $13,544 for a project totaling $54,176. Local cash match will be divided equally between the city and the county. This Municipal Order will also approve the required Interlocal Agreement with McCracken County Fiscal Court for this grant. As in previous years, the City's share of the local cash match will be paid through 50002209 — 520040. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Beautification. Communications Plan: Funds Available: Account Name: Account Number: 50002209 — 520040 Staff Recommendation: Approve the application and acceptance of the Household Hazardous Waste Grant and authorize the Mayor to sign all documents associated with same. Attachments: MO - App & accept Household Hazardous Waste 2023-2024 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF A 2023-2024 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN AN AMOUNT OF $40,632, TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY, AND AUTHORIZING THE MAYOR TO EXECUTE ALL GRANT DOCUMENTS AND AN INTERLOCAL AGREEMENT WITH McCRACKEN COUNTY FOR SAID GRANT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the submission of a joint application with the McCracken County Fiscal Court for a Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $40,632 to assist in funding the City/County Annual Spring Clean-up Day. SECTION 2. That the City of Paducah hereby accepts the 2023-2024 Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $40,632, to assist in funding the City/County Annual Spring Clean-up Day. SECTION 3. The City of Paducah and the McCracken County Fiscal Court hereby agree that the City shall act as the lead government agency in meeting all grant requirements, including the local cash match of $13,544, which will be divided equally between the City and the McCracken County Fiscal Court. The Mayor is hereby authorized to enter into an Interlocal Agreement with McCracken County for match funding and administration of said grant. SECTION 4. The City's match of $6,772 will be funded through the Public Works account number 5000 2209 520040. Funding for the local cash match will be subject to approval of appropriation in the Public Works FY2024 budget. SECTION 5. That the Mayor is hereby authorized to execute the Grant Agreement, Interlocal Agreement and all related documents with the Kentucky Division of Waste Management. SECTION 6. 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 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 MO\grants\App & accept Household Hazardous Waste 2023-2024 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Authorize the Acceptance of a Community Development Block Grant in the amount of $200,000 on Behalf of Four Rivers Recovery Center - H. REASONS Category: Municipal Order Staff Work By: Hope Reasons Presentation By: Hope Reasons Background Information: The Department for Local Government (DLG) receives funding from the U.S. Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program. Funds are designated for various program areas including Community Projects, Community Emergency Relief Fund, Economic Development, Housing and Public Facilities. The CDBG program provides assistance to communities for use in revitalizing neighborhoods, expanding affordable housing and economic opportunities, providing infrastructure and/or improving community facilities and services. With the participation of their citizens, communities can devote these funds to a wide range of activities that best serve their own particular development priorities. All project activities must meet at least one of three national objectives: • Benefit to low and moderate income persons; • Prevention or elimination of slums or blight; and, • Meeting particularly urgent community development needs The Board of Commissioners approved the application for this grant with MO 2610 on July 26, 2022. This is the thirteenth year the City has received this award. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the acceptance of the CDB Grant and the Mayor to sign all documents associated with same. Attachments: MO - acceptance cdbg-four rivers Behavioral Health CenterPoint Recovery Center 2023 MUNICIPAL ORDER NO. MUNICIPAL ORDER ACCEPTING A 2022 COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $200,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE FOUR RIVERS BEHAVIORAL HEALTH'S CENTERPOINT RECOVERY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE ALL REQUIRED GRANT AWARD DOCUMENTS WHEREAS, the City of Paducah applied for a FY2022 Community Development Grant through the Department for Local Government, adopted by Municipal Order No. 2610, on July 26, 2022, on behalf of the Four Rivers Recovery Center; and WHEREAS, The Department for Local Government has approved the application and is now ready to award this grant. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds for a Community Development Block Grant through the Department for Local Development in the amount of $200,000 on behalf of Four Rivers Behavioral Health for the Four Rivers Recovery Center (CenterPoint Recovery Center). Funds are designated for various program areas, including Community Projects, Community Emergency Relief Fund, Economic Development, Housing and Public Services. Four Rivers will provide matching funds from various sources. An administration fee of $2,500 will be paid to the City of Paducah for maintaining and monitoring this funding. (this isn't mentioned in the AAF — I've sent a note to Hope) SECTION 2. That the City of Paducah hereby authorizes and directs the Mayor to execute the Grant Agreement with the Department for Local Government, Residential Anti - Displacement and Relocation Assistance Plan, KCDBG Procurement Code, and Legally Binding Agreement with Four Rivers Behavioral Health Recovery Center and all required grant award documents. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners March 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 \mo\grants\acceptance cdbg-four rivers Behavioral Health CenterPoint Recovery Center 2023 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Authorize Opioid Settlement Participation Agreements - D. JORDAN & L. PARISH Category: Municipal Order Staff Work By: Lindsay Parish, Daron Jordan Presentation By: Lindsay Parish Background Information: In July 2021, J&J and Distributors McKesson, Cardinal Health, and AmerisourceBergen entered into National Opioids Settlements. The City of Paducah authorized participation agreements on November 23, 2021, and has received settlement funds from the Janssen and Distributor settlements. More recently, between November and December of 2022, five additional groups have entered into National Opioids Settlements including Teva, Allergan, CVS, Walgreens, and Walmart. In order for the City of Paducah to be a party to any opioid remediation settlement dollars, the Mayor must sign Participation Agreements for these settlements. This Municipal Order ratify's the Mayor's execution of Opioid Settlement Participation Agreements for the Teva, Allergan, CVS, Walgreens, Walmart National Opioid Settlements. Full copies of the settlement agreements can be found at https://nationalopioidsettlement.com/. Additionally, this Municipal Order authorizes the Mayor to execute any and all future Opioid Settlement Participation Agreements, if and when additional settlement agreements are reached. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO - Opioid Settlement Participation Forms — Teva Allergan CVS Walgreens Walmart 2. Participation Agreement - Walmart Teva Walgreens Allergen CVS MUNICIPAL ORDER NO. A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF SETTLEMENT PARTICIPATION AGREEMENTS FOR THE TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART OPIOID SETTLEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE ALL FUTURE OPIOID SETTLEMENT PARTICIPATION AGREEMENTS WHEREAS, in 2017, the city engaged Bryant Law Center for legal representation in pursuit of damages incurred as a result of the sale, distribution and marketing of opioid and opioid derivative drugs in the City of Paducah; and WHEREAS, on July 21, 2021, Attorney General Daniel Cameron announced a $26 billion agreement with Cardinal, McKesson, and AmerisourceBergen — the nation's three major pharmaceutical distributors — and Johnson & Johnson (Janssen), which manufactured and marketed opioids, for the companies' role in creating and fueling the opioid epidemic; and WHEREAS, between November and December of 2022, five additional groups have entered into National Opioids Settlements including Teva, Allergan, CVS, Walgreens, and Walmart; and WHEREAS, Kentucky cities have until April 18, 2023, to sign on to the settlement agreements and become a participating subdivision if the settlement agreements move forward; and WHEREAS, the City of Paducah wishes to opt -in to the settlement agreements by authorizing the execution of Settlement Participation Agreements; and WHEREAS, the City of Paducah also wishes to authorize the execution of all future Opioid Settlement Participation Agreements. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. The Board of Commissioners of the City of Paducah hereby ratifies the Mayor's execution of Opioid Settlement Participation Agreements for the Teva, Allergan, CVS, Walgreens, and Walmart Settlements in order to opt -in as a participating subdivision in the National Opioid Settlement. Further, the City hereby authorizes the Mayor to execute all other documentation related to the same. SECTION 2. Future Participation Agreements. The Board of Commissioners of the City of Paducah hereby authorizes the Mayor to execute all future Opioid Settlement Participation Agreements and associated documentation with the same or substantially similar terms and which are not substantially adverse to the City. SECTION 3. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, March 14, 2023 Recorded by Lindsay Parish, City Clerk, March 14, 2023 \mo\Opioid Settlement Participation Forms — Teva Allergan CVS Walgreens Walmart Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve the Consensual Annexation of 2631 Holt Road - J. SOMMER Category: Ordinance Staff Work By: Josh Sommer, Nicholas Hutchison Presentation By: Josh Sommer Background Information: The property owner, Dr. Daniel Jones, has requested annexation into the City of Paducah. The total area proposed to be annexed is 3.71 acres. Upon annexation, the property will be referred to the Paducah Planning Commission to assign an initial zoning classification, said classification is proposed to be B-3 General Business Zone at this time. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Commission Priorities List Yes, Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: 1. City Annex 2631 Holt Rd 2. ANNEXATION PLAT NEW HOLT ROAD 3. LEGAL DESCRIPTION - ANNEXATION 4. ORD Annex — Consensual 2631 Holt Road October 12, 2022 City of Paducah Planning Department Attn: Joshua P. Sommer 300 South 5"' Street Paducah, KY 42003 Re: Annexation request Dear Josh: I, Dr. Daniel Jones, am requesting annexation of 2631 Holt Road into the City of Paducah, pursuant to KRS 81A.412. This parcel totals approximately 3.7 acres and meets the requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive for this property and the sanitation incentive for my property at 2670 New Holt Road. It is further requested that this parcel be zoned General Business Zone (13-3). Thank you, ' J_ NAZI/ �ieie-e'er: �"ma�:ua - Booze ,w umw=a - Dans me w as 4z� ANon-LN3>I 'A -LN n OO N 371 Jt21 JO W Ill 'N0IS9 8 A3ANf1S OVOIA 110H L£9Z : 1V (JB1bOO-1 $ a s F X ��' 011 s3112J3dozjd 3f119 J18 OJ d a a w ��o Ala3doad ; � o o O9VsL NVN LOZ H1lm S31IdWO0 ONV A3AiifIS AiiV0 Nfl0S -- • V S-LN3SM:ld321 NO3M3H NMOHS A3Amns dO 1Vld 3H.L _LV N011VX3NNV a�a t 4 _ oma€ S po `3g W H`"o ur S oap mITIs o E N� o p w ¢ w Z n ry 'o o o x 0m 0w g a z a3a" y ? � F e WE -4� Pma �WUus ``o ' ° o o U 0 Y8 J` a - g g N- �w;o9 x'00gg f HH -9 w €o G it &w p V €z= NK'zso o _ _ [1N�0�-do-llloia HNtl'I 11HA1ff2IH ��_ e.LZbul ,f6'f9Z M .L4,4S.f0 5 �IfIII^I��-- o w�=a > h mo Ha €�€H,�€s 3 a -oa iaG ' A� z —a > >S' g gun gp o m • U t r n O a n�� — — a a� - ^ o s: o £i: m ea 77 & F3 w nEs b J \ o \ \\ J • ®• I � a o � o � n ORDINANCE NO. 2023- - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 3.71 acres of land located at 2631 Holt Road, is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, the owners of said property, Dr. Daniel Jones, has requested said consensual annexation in writing to the Board of Commissioners; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION Lying between New Holt Road and Brewer Lane (formerly Holt Road) and being the Go Big Blue Properties, LLC property recorded in Deed Book 1425, page 691, McCracken County Clerk's office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 5" x 12" stone in the West right-of-way line of Brewer Lane, said point being N 81'17'04" W 18.22 feet from a point in the centerline of said Brewer Lane that is 427.9 feet as measured Northwardly along said centerline from its intersection with the centerline of Willow Spring Cove and also having Kentucky State Plane Coordinates (South Zone 1602 — NAD 83) of Northing 1921504.730 and Easting 782538.672; THENCE FROM SAID POINT OF BEGINNNING N 81017'04" W with the North line of the M & N Real Estate LLC property per Deed Book 1400, page 213 a distance of 335.41 feet to a 1/z" rebar with cap 3861 set at property corner and witnessed by a 4" disturbed iron pipe lying 1 foot South of said property corner; thence N 81 °04'55" W and continuing with the North line of said M & N Real Estate LLC property per Deed Book 1400, page 213 and shown as Tract 1 per Plat Section "M", page 624 a distance of 361.71 feet to an existing 1/2" rebar with cap 2105 at the Northwest corner of said M & N Real Estate LLC property per Tract 1, Plat Section "M" and in the Southeasterly right- of-way line of New Holt Road; thence Northeastwardly with the Southeasterly right-of-way line of said New Holt Road (a chord being N 39°46'53" E 306.47 feet) a distance of 307.09 feet to an existing 1/2" rebar with aluminum cap at the Southwesterly corner of the O.J. Real Estate LLC property per Deed Book 1293, page 698; thence S 81°11'47" E with the South line of said O.J. Real Estate LLC Property 516.88 feet to a 1/2" rebar with cap 3861 set at the Southeast corner thereof and in the West right-of-way line of aforesaid Brewer Lane; thence S 3°54"47" W with the West right-of-way line of said Brewer Lane 263.93 feet to the Point of Beginning and containing 3.71 Acres as shown on Annexation Plat for "Go Big Blue Properties, LLC" prepared by Siteworx Survey and Design LLC dated January 13, 2023. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. 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, February 28, 2023 Adopted by the Board of Commissioners, Recorded by Paducah City Clerk, Published by The Paducah Sun, ORD\Plan\Annex — Consensual 2631 Holt Road 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 adopted by the Board of Commissioners of the City of Paducah at a meeting held on WITNESS, my hand and seal of the City of Paducah, this day of , 2023. Lindsay Parish, City Clerk Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve a Telecommunications Franchise Agreement with OpenFiber Kentucky Company, LLC dba Accelecom - M. SMOLEN Category: Ordinance Staff Work By: Daron Jordan, Michelle Smolen, Lindsay Parish, Rick Murphy Presentation By: Michelle Smolen Background Information: On August 9, 2022, the City Commission adopted Ordinance No. 2022-08-8745 which repealed and replaced Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah. The City issued and advertised a Request for Proposals for non-exclusive telecommunications franchises in accordance with Municipal Order No. 2658 on October 21, 2022. The City of Paducah received an application from OpenFiber Kentucky and requested an addendum. The City found their application with the addendum to be in compliance with Chapter 108. The working group recommends the Board of Commissioners execute a ten-year, non-exclusive franchise agreement with OpenFiber Kentucky Company. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve a Telecommunications Franchise Agreement with OpenFiber Kentucky Company, LLC dba Accelecom Attachments: 1. ORD Telecommunications Open Fiber Kentucky 2023 2. OFKY Paducah Franchise Agreement ORDINANCE 2023- - AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE FOR A TERM OF TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE CONFINES OF THE CITY OF PADUCAH, KENTUCKY TO OPENFIBER KENTUCKY COMPANY, PURSUANT TO THE TERMS AND PROVISIONS OF CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY COMPANY AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, by Chapter 108 "Telecommunications" of the Code of Ordinances, which was repealed and replaced on August 9, 2022, the City of Paducah, Kentucky (the "City") created a ten (10) year, non-exclusive franchise for a telecommunications system within the confines of Paducah; and WHEREAS, on October 21, 2022, the City offered at bid a non-exclusive telecommunications franchise pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances; and WHEREAS, after publication of said advertisement, the City received a bid from OpenFiber Kentucky Company, LLC dba Accelecom (hereinafter "Accelecom") KENTUCKY: NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. Bid Acceptance. That the City of Paducah hereby accepts the bid of Accelecom for a non-exclusive telecommunications franchise within the City of Paducah, said bid being in substantial compliance with bid specifications, and as contained in the bid of Accelecom of November 11, 2022. SECTION 2. Franchise Award. That a ten (10) year, non-exclusive telecommunications franchise created by Chapter 108 "Telecommunications" of the Code of Ordinances be, and it hereby is, awarded to Accelecom. SECTION 3. Authorized Signatures. The Mayor is hereby authorized, by and on behalf of the City, to execute the Franchise Agreement between the City of Paducah, Kentucky, and Accelecom, in substantially the form attached hereto and made part hereof (Exhibit A), and all other documents related to same. SECTION 4. Incorporation by Reference. That the statements set forth in the Preamble to this Ordinance are hereby incorporated in this Ordinance by reference, the same as if set forth at length herein. SECTION 5. Severability. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 6. Open Meetings. 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. SECTION 7. Effective Date. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George P. 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\Telecommunications OpenFiber Kentucky 2023 Exhibit A Franchise Agreement FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT is effective this day of , 2023, by and between the City of Paducah, a political subdivision of the Commonwealth of Kentucky, and OpenFiber Kentucky Company, LLC dba Accelecom (hereinafter "Accelecom"), a Kentucky limited liability company. WITNESSETH: WHEREAS, on August 9, 2022, the Paducah City Commission repealed and replaced Chapter 108 "Telecommunications" of the Code of Ordinances and created a ten (10) year, non- exclusive franchise for a telecommunications system within the confines of the City of Paducah; and WHEREAS, on October 21, 2022, the City of Paducah offered at bid a non-exclusive telecommunications franchise pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances; and WHEREAS, by Ordinance No Accelecom to acquire said franchise; and the City of Paducah accepted the bid of WHEREAS, The City of Paducah and Accelecom have entered into this Franchise Agreement to memorialize the grant by the City of Paducah to Accelecom of said franchise subject to the terms and conditions reflected in Chapter 108 "Telecommunications" of the Code of Ordinances. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein the receipt and sufficiency of which are hereby acknowledged, the City of Paducah and Accelecom hereby agree to incorporate the foregoing recitals as if fully set forth herein and further agree as follows: 1. Chapter 108 "Telecommunications" of the Code of Ordinances is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 2. Accelecom's bid for said franchise, Accelcom's application, and any addendum to said application, which are attached hereto as Exhibit "A", is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 3. Ordinance No. , by which the Paducah Board of Commissioners approved this Franchise Agreement, is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 4. The City of Paducah has granted unto Accelcom a non-exclusive franchise for a telecommunications system within the confines of the City of Paducah, for a term of ten (10) years, subject to the provisions of Chapter 108 "Telecommunications" of the Code of Ordinances. 5. The franchise memorialized in this Franchise Agreement shall commence upon the effective date of this agreement, and shall expire as provided in the terms and provisions of Chapter 108 "Telecommunications" of the Code of Ordinances. 6. Accelecom does hereby bind itself, its successors and assigns, to faithfully and fully perform each and every condition of said franchise as memorialized in this Franchise Agreement, and further to faithfully perform all acts required of it pursuant to said franchise. 7. This Franchise Agreement memorializes the agreement between the parties contained and embodied in Chapter 108 "Telecommunications" of the Code of Ordinances and shall be binding upon and inure to the benefit of the respective successors in interest to the parties hereto. 4 8. Notwithstanding any other provision in Chapter 108 "Telecommunications" of the Code of Ordinances to the contrary, the parties agree that ninety (90) days prior to any proposed construction in the City of Paducah, Accelecom shall submit all applicable engineering drawings and documents required to comply with Chapter 98 Article III of the City of Paducah's Code of Ordinances for review by the City of Paducah's Engineering Department. Before proceeding with any construction in the City's rights of ways, Accelecom shall be required to obtain written approval from the City of Paducah's Engineering Department for said proposed construction. IN WITNESS, WHEREOF, The City of Paducah and Accelecom have executed this Franchise Agreement as their free and voluntary act and deed effective as of the day and year first above written. [Signatures on following page] 3 City of Paducah MAYOR ATTEST: CITY CLERK OpenFiber TITLE: STATE OF 6 ) COUNTY OFJ" Company, LLC dba Accelecom The foregoing Franchise Agreement was subscribed, sworn to and acknowledged before me by r I , as1117() kzv (title), of OpenFiber Kentucky Company, LLC dba Accelecom on this the day of March, 2023. My commission expires: DIANA BARTLETT Notary Public - State At Large KENTUCKY - Notary ID # KYNP23938 M Commission Expires 02-18-2025 4 NOTARY PUBEIC Exhibit A Bid Application and any Addendum Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve a Budget Amendment for the Fleet Plan Budget FY2023 in an amount of $156,870 - C. YARBER Category: Ordinance Staff Work By: Jim Scutt, Debbie Collins Presentation By: Chris Yarber Background Information: Funds need to be transferred/moved to the Fleet Plan Budget for FY2023 for Fleet Trust Vehicles. One (1) SUV for use by the Fire Department in the amount of $48,000 and Two (2) Patrol SUV's for use by the Police Department in the amount of $48,935 each, due to wrecked losses. Also, in accordance with the adopted Fleet Plan Budget for FY2023 Two (2) Pickups for use by the Facility Division and Parks Department were authorized to be purchased. Due to bid received over budget, additional funds of $11,000 (Facility $4,000 and Parks $7,000) need to be added for purchase. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Fleet Trust Fund Balance Account Number: 71000210 540050 Staff Recommendation: To authorize an Ordinance for a budget amendment to add $156,870 from Fleet Trust Fund Balance to Account 71000210 540050 (Fleet Trust Budget) in order to purchase fleet vehicles out of the FY2023 budget. Attachments: ORD - budget amend FY2023 — Fleet — vehicle purchases - March ORDINANCE NO. 2023 - 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" WHEREAS, due to wrecks of City fleet vehicles, it is necessary to amend the budget to replace one (1) SUV for the use by the Fire Department in the amount of $48,000, and two patrol SUVs for use by the Police Department in the amount of $48,935 each.; and WHEREAS, due to bid received over budget, additional funds of $11,000 (Facility $4,000 and Parks $7,000) need to be added for the purchase of two (2) Pickups for use by the Facility Division and Parks Department; and WHEREAS, KRS prohibits expenses to exceed the budget in any department and it is therefore necessary to amend the City's FY2023 budget to include these expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No. 2022-06-8740, be amended by the following re -appropriations in order to purchase said vehicles out of the FY2023 budget: • Transfer $156,870 from Fleet Trust Fund Balance to Account Number 71000210 540050 (Fleet Trust Budget) 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, March 14, 2023 Adopted by the Board of Commissioners, Recorded Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\finance\budget amend FY2023 — Fleet — vehicle purchases March Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Amend the FY23 City Budget to Increase Revenues and Expenditures for the Community Development Block Grant Fund by $200,000 - H. REASONS Category: Ordinance Staff Work By: Hope Reasons Presentation By: Hope Reasons Background Information: The City of Paducah applied for and received a Community Development Block Grant in the amount of $200,000 on behalf of the Four Rivers Recovery Center to assist with residential alcohol and drug treatment services. The Grant Agreement between the Commonwealth of Kentucky and City of Paducah requires: Evidence of a budget ordinance/amendment indicating inclusion of CDBG-CV funds into the City's budget. This ordinance will satisfy the Grant Agreement requirement for the budget amendment. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the budget amendment to increase revenues and expenditures by $200,000. Attachments: 1. ORD - budget amend FY2023 — Four Rivers Recovery Center 2. 22-006 Paducah Four Rivers RKY Exhibits ORDINANCE NO. 2023 - 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" WHEREAS, the City of Paducah applied for and received a Community Development Block Grant in the amount of $200,000 on behalf of Four Rivers Recovery Center to assist with residential alcohol and drug treatment services; and WHEREAS, the Grant Agreement between the Commonwealth of Kentucky and City of Paducah requires evidence of a budget ordinance/amendment indicating inclusion of CDBG-CV funds into the City's budget; and WHEREAS, the City Commission now wishes to amend the FY2023 budget to satisfy the requirement of the Commonwealth. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No. 2022-06-8740, be amended by the following re -appropriations: • Increase revenues and expenditures for the CDBG Fund by $200,000. 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, March 14, 2023 Adopted by the Board of Commissioners, Recorded Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\finance\budget amend FY2023 — Four Rivers Recovery Center #22-006 - Paducah - Four Rivers CenterPoint (PON2 23*2012) Exhibits F.Y141RIT A SUPPLEMENTARY PROVISIONS Rider to Section I -B (2). In addition to Recipient's Application for Commonwealth Small Cities Community Development Block Grant Assistance, "Application" shall include the following submittals: Cost Summary (Exhibit C) Rider to Section 1-B (12). The terms "Subrecipient" and "Participating Parry" consist of the following persons, entities, firms, corporations and funding sources: Subrecipient: Four Rivers CenterPoint Behavioral Health 425 Broadway Paducah, Kentucky 42001 Rider to Section 2-A. The amount of this CDBG grant is: $200,000 Rider to Section 8-A. The address of the Recipient for the purposes of communications relating to this Agreement shall be the following: Recipient: The Honorable George Bray Mayor, City of Paducah PO Box 2267 Paducah, Kentucky 42002-2267 Contact: Daron Jordan City of Paducah PO Box 2267 Paducah, KY 42002 #22-006 - Paducah - Four Rivers CenterPoint (PON2 23*2012) Exhibits EXHIBIT B DESCRIPTION OF RECIPIENT ACTIVITIES Rider to Section 1-B (16). "Recipient Activities" for this Project shall consist of the following: 1. The Recipient agrees to perform activities as stated in the CDBG application and given preliminary approval on January 24, 2023 as summarized below: a. The Recipient shall provide the Subrecipient with CDBG funds for the CenterPoint Recovery Center (Recovery Kentucky) operational costs, which are limited to CenterPoint on- site staff salaries. b. The Recipient shall ensure that the Subrecipient implements the social recovery program model as outlined in the Recovery Kentucky Guidelines. C. The Recipient shall ensure that the Subrecipient meets the National Objective of 51 percent low and moderate -income (LMI) benefit during the CDBG funding period. d. The Recipient shall be responsible for determining the objectives of each activity, measuring the outcomes of each activity funded with CDBG funds utilizing a performance measurement system provided by DLG. This data shall be reported to DLG on an annual basis and/or made available upon request until the project is closed. 2. The Recipient shall provide necessary administration of the project to assure compliance with all applicable state, federal and local statutes, as set forth in the KCDBG Statement of Assurances signed by Mayor George Bray on August 15, 2022 and submitted on or about that date as part of the project application. 3. The Recipient shall expend no more than $2,500/program year in CDBG funds to cover costs of providing administration of the project. #22-006 - Paducah - Four Rivers CenterPoint (PON2 23*2012) Exhibits EXHIBIT B-2 DESCRIPTION OF SUB -RECIPIENT ACTIVITIES Rider to Section 1-B (14). "Subrecipient Activities" for this Project shall consist of the following: I. The Sub -recipient shall perform activities as stated in the CDBG application and given preliminary approval on January 24, 2022 as summarized below: a. The Subrecipient shall use CDBG funds for the CenterPoint Recovery Center (Recovery Kentucky) operational costs, which are limited to CenterPoint on-site staff salaries b. The Subrecipient shall implement the social recovery program model as outlined in the Recovery Kentucky Guidelines and application. C. The Subrecipient shall collect and compile the necessary client income data and provide evidence that the project meets the National Objective of 51 percent low and moderate -income (LMI) benefit during the CDBG funding period. This information shall be reported to DLG on an annual basis and/or made available upon request. d. The Subrecipient shall collect and compile the necessary data (payrolls and receipts and performance measures) and provide evidence that the CDBG funds were used as stated in paragraph a. The Subrecipient shall also measure the outcomes of each activity funded with CDBG funds utilizing a performance measurement system provided by DLG. This data shall be reported to DLG on an annual basis and/or made available upon request until the project is closed. #22-006 - Paducah - Four Rivers CenterPoint (PON2 23*2012) Exhibits EXHIBIT C PROJECT BUDGET — SUMMARY OF PROPOSED EXPENDITURES Attached (as marked Exhibit C containing one page) #22-006 - Paducah - Four Rivers CenterPoint (PON2 23*2012) Exhibits EXHIBIT D REQUIRED EVIDENTIARY MATERIALS Recipient agrees to submit the following evidentiary materials for the approval of the Commonwealth in the manner and form described by the applicable provisions of Section 7 of this Agreement: • Environmental Certification per 24 CFR, Part 58 • Environmental Review Status Sheet — Determination of Exemption • Copy of and evidence that a Residential Anti -displacement and Relocation Assistance Plan has been adopted • Evidence of budget ordinance/amendment indicating inclusion of CDBG funds into the Recipient's budget • Copy of and evidence of adoption of a procurement code meeting the CDBG requirements • Copy of an agreement between the City of Paducah and Four Rivers CenterPoint Behavioral Health concerning the use of CDBG funds for operational costs and the type of services provided (social recovery program model), as it was proposed and stated in the application, during the CDBG funding period. The agreement will also state that at no time will the facility be utilized for general government purposes. • Authorized Signature Form • Electronic Transfer of Funds Form Fair Housing/Equal Opportunity Requirements: • Fair Housing Resolution or Ordinance • Section 504 Accessibility Self -Evaluation and Transition Plan (if applicable) • Drug Free Workplace Statement • Title VI Self Survey and Statement of Assurance or Title VI Implementation Plan • Policy of Non -Discrimination on the Basis of Disability Status (for grantees with 15 or more employees) • Letter of designation of local fair housing/EEO responsible official • A written assurance (on grantee letterhead, signed by a designated grantee official) regarding: o Maintenance of a copy of the State's Fair Housing Analysis of Impediments (AI) o Carrying out of fair housing activities (see list in handbook) o Maintenance of demographic records o Required posters will be displayed o Adoption of the State Title VI Plan o Adoption of drug-free workplace policy Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Approve 2023-2024 Resurfacing Program Contract with Jim Smith Contracting, LLC. - R. MURPHY Category: Ordinance Staff Work By: Brandy Topper -Curtiss Presentation By: Rick Murphy Background Information: On February 16, 2023, sealed bids were received for the City of Paducah's 2023- 2024 Street Resurfacing Program. This program consists primarily of the bituminous resurfacing and milling of city streets in accordance with the yearly street resurfacing program. Jim Smith Contracting Company, LLC, submitted the only bid for the unit bid prices shown on the attached bid tab. The contract unit prices shall begin upon execution of the contract and end December 31, 2024. The contract has the option for an additional one-year renewal, ending December 31, 2025, 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 Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Coordinate with Communications Manager to provide public notice of projects. Funds Available: Account Name: MAP Account Account Number: 22002217-542270 Staff Recommendation: To receive and file the bid submitted for the 2023-2024 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 2023 and 2024 calendar year ending December 31, 2024, 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 2025 calendar year ending December 31, 2025, upon the mutual agreement of both parties. Attachments: 1. ORD - resurfacing 2023-2024 — Jim Smith Contracting 2. Ad 3. Bid Tab 4. Paducah-2023-2024—Resurfacing Contract Bid Documents 0000 - Ad for Resurfacing Bid ORDINANCE NO. 2023 - AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH'S 2023-2024 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 2023 and 2024 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 16, 2023. 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 $103.00 2. Milling Texture Ton $60.00 3. Shoulder Construction Ton $50.00 PAVEMENT MARKINGS ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint — 4" Line L.F. $0.55 2 Paint —12" Stop Lines L.F. $1.20 3 Paint — 24" Stop Lines L.F. $2.10 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $90.00 7 Paint — 8" Crosswalks L.F. $0.75 8 Paint - "School' Each $70.00 9 Paint - RR Crossings Each $230.00 10 Paint — "STOP" Each $70.00 11 Paint — "ONLY" Each $70.00 12 Paint — Handicap Symbol Each $70.00 13 Paint — 4" Parking Lot Lines L.F. $0.65 14 Thermo — 4" Line L.F. $1.40 15 Thermo — 12" Stop Lines L.F. $8.00 16 Thermo — 24" Stop Lines L.F. $16.00 17 Thermo — Straight Arrow Each $150.00 18 Thermo - Turn Arrow Each $150.00 19 Thermo — Combination Arrow Each $250.00 20 Thermo — 8" Crosswalks L.F. $5.00 21 Thermo - "School' Each $295.00 22 Thermo - RR Crossings Each $850.00 23 Thermo — "STOP" Each $225.00 24 Thermo — "ONLY" Each $225.00 EQUIPMENT RENTAL ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator — Small HR $165.00 2 Excavator - Medium HR $195.00 3 Excavator with Mulching Head HR $235.00 4 Skid Steer Loader HR $135.00 5 Dump Truck -Tandem HR $100.00 6 Dump Truck — Tri -axle HR $115.00 7 Motor Grader - Medium HR $195.00 8 Dozer- Small HR $175.00 9 Dozer- Medium HR $195.00 10 Laborer HR $83.00 11 Vibratory Roller — Small HR $170.00 12 Vibratory Roller - Medium HR $170.00 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 2023 calendar year and the 2024 calendar year ending December 31, 2024. 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 2025 calendar year ending December 31, 2025, 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 MAP Account No. 2200-2217-542270. 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, March 14, 2023 Adopted by the Board of Commissioners, March Recorded by Lindsay Parish, City Clerk, March Published by The Paducah Sun, \ord\eng\resurfacing 2023-2024 — Jim Smith Contracting City of Paducah — Engineering Department 2023-2024 Resurfacing Program Bid Opening — February 16, 2023 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 $103.00 2. Milling Texture Ton $60.00 3. Shoulder Construction Ton $50.00 PAVEMENT MARKINGS ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint — 4" Line L. F. $0.55 2 Paint— 12" Stop Lines L. F. $1.20 3 Paint — 24" Stop Lines L. F. $2.10 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $90.00 7 Paint — 8" Crosswalks L. F. $0.75 8 Paint - "School" Each $70.00 9 Paint - RR Crossings Each $230.00 10 Paint — "STOP" Each $70.00 11 Paint — "ONLY" Each $70.00 12 Paint — Handicap Symbol Each $70.00 13 Paint — 4" Parking Lot Lines L. F. $0.65 14 Thermo — 4" Line L. F. $1.40 15 Thermo — 12" Stop Lines L. F. $8.00 16 Thermo — 24" Stop Lines L. F. $16.00 17 Thermo — Straight Arrow Each $150.00 18 Thermo - Turn Arrow Each $150.00 19 Thermo — Combination Arrow Each $250.00 20 Thermo — 8" Crosswalks L. F. $5.00 21 Thermo - "School" Each $295.00 22 Thermo - RR Crossings Each $850.00 23 Thermo — "STOP" Each $225.00 24 Thermo — "ONLY" Each $225.00 EQUIPMENT RENTAL ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator — Small HR $165.00 2 Excavator - Medium HR $195.00 3 Excavator with Mulching Head HR $235.00 4 Skid Steer Loader HR $135.00 5 Dump Truck -Tandem HR $100.00 6 Dump Truck — Tri -axle HR $115.00 7 Motor Grader - Medium HR $195.00 8 Dozer- Small HR $175.00 9 Dozer- Medium HR $195.00 10 Laborer HR $83.00 11 Vibratory Roller — Small HR $170.00 12 Vibratory Roller - Medium HR $170.00 Agenda Action Form Paducah City Commission Meeting Date: March 14, 2023 Short Title: Amend the City Police Officers Educational Incentive Plan Ordinance - S. WILCOX Category: Ordinance Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: To promote higher education and to assist with recruitment and retention of Police Officers to the Paducah Police Department, the City is increasing the educational incentive payments by fifty percent to equal the following: Associates, $75.00 per month; Bachelors, $112.50 per month; and Masters, $150.00 per month. There currently are fourteen (14) Officers with an Associates degree, thirty-six (36) Officers with a Bachelors degree, and five (5) with a Master's degree. The increased amounts will result in a twenty-three thousand and four hundred dollar ($23,400) impact. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the recommended increase in the educational incentive plan payments to Police Officers for those who have completed higher education. Attachments: ORD - 2-278 — Educational incentive plan - Police ORDINANCE NO. 2023 - AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-278 "EDUCATIONAL INCENTIVE PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 2 of the Code of Ordinances of the City of Paducah, regarding the City Police Officers Educational Incentive Plan. NOW, THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 2-278(f) "Educational Incentive Plan" of the Paducah Code of Ordinances as follows: Sec. 2-278 Educational Incentive Plan. (a) The City hereby establishes an educational incentive plan, hereinafter referred to as the City Police Officers Educational Incentive Plan, which is to be funded by the City. (b) All police officers, as defined by KRS 15.420, of the City Police Department shall have an equal opportunity to participate in the City Police Officers Educational Incentive Plan. All officers may obtain the maximum load incentive through continued education. (c) In order to be eligible to participate in the City Police Officers Educational Plan, an officer must: (1) Enroll in a degree program at an accredited college or university for the purpose of achieving an associate, baccalaureate, or higher degree in an area related to law enforcement or suitable for persons employed in law enforcement; or (2) Have been awarded such a degree by an accredited college or university. (d) In order to receive educational incentive monies under the City Police Officers Educational Incentive Plan, an officer must cause an official current transcript to be sent to the Paducah Chief of Police. (e) For the purpose of the City Police Officers Educational Incentive Plan, only those college credit hours which have been certified and accepted toward an associate, baccalaureate, or higher degree by the accredited college or university at which the police officer is, or was, classified as a matriculated student will be applicable for educational incentive payment. Furthermore, educational incentive payments shall be made only on the basis of successfully completed college hours. According to this educational incentive plan, the term "successfully completed" (as used above) shall be defined as earning at least a "C" on a letter grade basis or a pass on a pass -fail basis. Once an officer has earned a degree, any grade accepted by the college or university toward that degree may be used to qualify the police officer for educational incentive monies. (f) Educational incentive payments shall be disbursed by the City in accordance with the following: Associates, [$50.09] $75.00 per month; Bachelors, [$75.08] $112.50 per month and Masters, [$489-00] $150.00 per month. (g) Credit hours earned will be retotaled annually on June 30. No officer shall be reclassified to a higher level of educational incentive payment except on this date. In order to be eligible for reclassification, an officer's official transcript must be received by the Chief of Police no later than fifteen (15) days prior to the respective classification date. (h) No officer shall be reclassified to a higher level of educational incentive payment until the officer causes a current official transcript to be submitted to the Chief of Police, who shall verify reclassification through a review of the officer's official transcript. 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. 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. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, March 14, 2023 Adopted by the Board of Commissioners, Recorded by the City Clerk, Published by The Paducah Sun, Ord\2-278 — Educational incentive plan - Police