HomeMy WebLinkAbout03-28-2023March 28, 2023
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 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 City Clerk, Lindsay Parish, the following answered to
their names: Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5).
INVOCATION
Commissioner Smith led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
PROCLAMATION
Mayor Bray presented a proclamation to Vanessa Dallas, Family & Partnership Services
Liaison with Kentucky Organ Donor Affiliates, recognizing April as "National Donate Life"
Month.
MAYOR'S REMARKS
Communication Manager Pam Spencer offered the following summary:
Discussion of Terrace Hills Preliminary Subdivision Plat
Mayor Bray and the Board discussed the role of the City Commission and the Planning Commission
regarding approval of subdivisions. This topic surfaced with the February public hearing and
approval of a preliminary subdivision plat by the Planning Commission of a proposed subdivision
called Terrace Hills on Pecan Drive. Mayor Bray stated that the Planning Commission has the legal
authority to approve a proposed subdivision pursuant to KRS 100.277. In other words, the Planning
Commission is acting as an agent of the City Commission in the approval process. There is case law
that supports approving a proposed subdivision if it conforms with zoning and subdivision
regulations. If a subdivision developer meets the regulations and addresses stormwater and erosion
control, the Planning Commission is obligated to approve a preliminary plat. Mayor Bray said that
in this situation, the developer performed everything as required in the subdivision process.
Convention Center Roof Discussion
In response to comments made at last night's McCracken County Fiscal Court meeting regarding
the needed repairs to the Convention Center's deteriorated roof, Mayor Bray said the City is
researching the use of the transient room tax and how previous repair and improvement projects on
the Convention Centers were funded. Mayor Bray also stated it is the City's understanding that the
2% transient room tax for the Convention Center is to support debt for capital improvement projects
and that ceasing that practice is a change in direction. City Manager Daron Jordan emphasized that
the transient room tax is collected primarily from visitors to the area and that the funds are project
dollars, not City or County dollars. Plans are moving forward on addressing the needed repairs to
this important City and County asset with an expectation that the Convention Center roof will be
replaced this summer.
McCracken County Stage Assembly
Another topic that was discussed at Monday's McCracken County Fiscal Court meeting involved
the County's stage that is used for various special events. The County owns the stage and charges
organizations a rental fee for its use. In the past, the City has assisted in the assembly of the stage
for city -sponsored events. A decision has been made to not use City employees on the County's
stage since the City is working to reduce liability and workers' compensation claims and increase
internal departmental efficiencies.
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 City Clerk
to read the items on the Consent Agenda.
I(A)
Approve Minutes for the March I Oth & 14'h 2023, Board of Commissioners Meetin s
I B
RECEIVE AND FILE DOCUMENTS:
March 28, 2023
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5)•
MUNICIPAL ORDERS
SITE SELECTION FOR RELOCATION OF DOG PARKS AND SPORTS
COMPLEX UPDATE
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board adopt
a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE RELOCATION OF
THE DOG PARKS IN STUART NELSON PARK TO THE ANNA BAUMER SITE IN NOBLE
PARK."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2714, BK 12)
AUTHORIZE THE MAYOR TO ACCEPT THE BID AND ENTER INTO AN
AGREEMENT WITH MIDSTATES CONSTRUCTION IN THE AMOUNT OF
$1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION
PROJECT
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board adopt a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH MIDSTATES CONSTRUCTION, INC. IN THE AMOUNT
OF $1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION PROJECT."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2715, BK 12)
2023 COMMISSION PRIORITIES
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board adopt a
Municipal Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES FOR THE CALENDAR
YEAR 2023."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2716, BK 12)
Minute File:
1. Notice of Special Called Meeting of the Board of Commissioners for Friday,
March 10, 2023
2. Certificate of Accreditation from Kentucky Main Street Program for Paducah
Main Street
3. 2023 Riverboat Schedule
Contract File:
1. Opioid Settlement Participation Agreements with Teva, Allergan, CVS,
Walgreens and Walmart — MO 42711
2. Telecommunications Franchise Agreement with OpenFiber Kentucky Company,
LLC, d/b/a Accelecom — ORD 2023-03-8763
I(C)
Personnel Actions
I(D)
Appointment of Kathy Montgomery to the Civic Beautification Board to replace John
Park, who resigned. This term shall expire on July 1, 2027.
I(E)
MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A CRUMB
RUBBER GRANT IN THE AMOUNT OF $48,419 FROM THE KENTUCKY
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A POURED -IN-
PLACE PLAYGROUND SURFACING AT COLEMAN PARK AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO 42712;
BK 12
I(F)
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF CISCO HYPERFLEX
VIRTUALIZATION HARDWARE, FROM TRACE 3, LLC, IN AN AMOUNT NOT
TO EXCEED $250,000, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME O #2713; BK 12
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5)•
MUNICIPAL ORDERS
SITE SELECTION FOR RELOCATION OF DOG PARKS AND SPORTS
COMPLEX UPDATE
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board adopt
a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE RELOCATION OF
THE DOG PARKS IN STUART NELSON PARK TO THE ANNA BAUMER SITE IN NOBLE
PARK."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2714, BK 12)
AUTHORIZE THE MAYOR TO ACCEPT THE BID AND ENTER INTO AN
AGREEMENT WITH MIDSTATES CONSTRUCTION IN THE AMOUNT OF
$1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION
PROJECT
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board adopt a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH MIDSTATES CONSTRUCTION, INC. IN THE AMOUNT
OF $1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION PROJECT."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2715, BK 12)
2023 COMMISSION PRIORITIES
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board adopt a
Municipal Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES FOR THE CALENDAR
YEAR 2023."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2716, BK 12)
March 28, 2023
ORDINANCE ADOPTIONS
APPROVE BUDGET AMENDMENT FOR THE FLEET PLAN BUDGET FY2023 IN AN
AMOUNT OF $156,870
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO.
2022-06-8740, ENTITLED,"AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022,
THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance
is summarized as follows: Amend the annual budget for the fiscal year beginning July 1, 2022, and
ending June 30, 2023, as follows:
• Transfer $156,870 from Fleet Trust Fund Balance to Account Number 71000210
540050 (Fleet Trust Budget)
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-03-8764, BK 36)
AMEND THE FY23 CITY BUDGET TO INCREASE REVENUES AND EXPENDITURES
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BY $200,000
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO.
2022-06-8740, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022,
THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance
is summarized as follows: 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.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-03-8765; BK 36)
APPROVE 2023-2024 RESURFACING PROGRAM CONTRACT WITH JIM SMITH
CONTRACTING, LLC.
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an Ordinance entitled, "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." This Ordinance is summarized as follows: 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, and authorizes the Mayor to execute a contract for the following prices:
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
March 28, 2023
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
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-03-8766; BK 36)
March 28, 2023
AMEND THE CITY POLICE OFFICERS EDUCATIONAL INCENTIVE PLAN
ORDINANCE
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2,
SECTION 2-278 "EDUCATIONAL INCENTIVE PLAN" OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This
Ordinance amends Section 2-278(f) to increase Educational incentive payments as follows:
Associates, $75.00 per month; Bachelors, $112.50 per month and Masters, $150.00 per month.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-03-8767; BK 36)
ORDINANCE INTRODUCTION
APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL
FIREFIGHTERS OF PADUCAH, LOCAL 168 (IAFF)
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND
PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS." This Ordinance is summarized as follows: This Ordinance
authorizes the Mayor to execute an Agreement with the Professional Fire Fighters of Paducah,
Local 168, International Association of Fire Fighters. This agreement will become effective July 1,
2023, and expire on June 30, 2026.
APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH
POLICE DEPARTMENT BARGAINING UNIT
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE
PADUCAH POLICE DEPARTMENT BARGAINING UNIT." This Ordinance is summarized as
follows: That the Mayor is hereby authorized to execute an agreement and other associated
documents between the City of Paducah and the Paducah Police Department Bargaining Unit. This
Agreement shall be effective from July 1, 2023, to June 30, 2026.
AMEND CODE OF ORDINANCES CHAPTER 106 TAXATION FOR EFFICIENCY IN
PAYROLL TAX PROCESSING
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 106,
SECTION 106-180 "DEFINITIONS" AND 106-184 "DEDUCTIONS AND WITHHOLDING OF
LICENSE FEES BY EMPLOYER; EMPLOYER TO FILE RETURNS AND PAY LICENSE FEES
TO CITY, DUE DATE TO FILE RETURNS AND PAY LICENSE FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as
follows: This Ordinance amends Chapter 106 of the Code of Ordinances of the City of Paducah,
Sections 106-180 and 106-184 regarding electronic filing requirements for payroll processors. This
ordinance amendment will require payroll processors who administer and process the payroll of six
(6) or more employers per quarter to submit the returns through an electronic means.
PUBLIC COMMENTS
Jonathan Gericke commented on litter and trash pickup.
EXECUTIVE SESSION
Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topics:
➢ Issues which might lead to the appointment, dismissal or disciplining
of an employee, as permitted by KRS 61.810(1)(f)
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray
(5)
March 28, 2023
RECONVENE IN OPEN SESSION
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Paducah
Board of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray
(5)
ADJOURN
Commissioner Wilson offered Motion, seconded by Commissioner Smith that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray
(5)
TIME ADJOURNED: 7:33 p.m.
ADOPTED: April 11, 2023
4George P. Bray, May
ATTEST:
CiA N
indsay R. 1? sh, City Clerk