HomeMy WebLinkAbout11-28-2023November 28, 2023
At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday, November
28, 2023, at 5:00 p.m., at WKCTC, Crounse Hall, Room 101, 4810 Alben Barkley Drive, Mayor
George Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following
answered to their names: Commissioners Guess, Smith, Wilson, and Mayor Bray (4).
Commissioner Henderson arrived at 5:02 p.m.
INVOCATION
Commissioner Guess led the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
DELETION: Ordinance Adoption Item III -A. Authorizing the Closure of 33,722 Square Feet of
Vermont Street Between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview
Street.
PRESENTATIONS
Communications Manager Pam Spencer provided the following summaries:
Paducah Civic Beautification Board Annual Business Awards
In addition to a special beautification award presented to Dennis Rouleau with Barkley Regional
Airport, the Paducah Civic Beautification Board presented annual business awards to the following
17 businesses:
Downtown
1. Clymer Law, PLLC, 629 Washington Street
2. Cynthia's Ristorante, 125 Market House Square
3. Market House Theatre Kentucky Avenue Properties
Dance MHT Studios, 249 Marine Way
4. Mike's Automotive Repair, 703 S. 3rd Street
5. The Focus Building, 221 Kentucky Avenue
Lower Town
6. A.I.R. Studio, 621 Madison Street
Midtown
Studio 200, 209 Marine Way and
7. Adam Ford State Farm Insurance, 2601 Jackson
8. Jennings & Associates Financial Advisors, LLC, 1920 Broadway
9. Music Garden, Bob Noble Park - El Athol Garden Club, Fleur de Lis Garden Club, Four
Seasons Garden Club, LaPetite Fleur Garden Club, Paducah Garden Club, Prestwick Garden
Club and Potting Shed Garden Club, City of Paducah Parks & Recreation Department, and
several private donors
10. OKN Mercantile, 121 S. 17th Street
11. Pat & Jim Brockenborough Rotary Health Park, 421 N. 13th Street
12. Sullenger Law Office, PLLC, 2508 Jefferson
West End
13. Baptist Health Medical Group Pulmonary & Critical Care, 546 Lone Oak Road
14. Chantillies, 540 N. 32nd Street
Mall Area
15. Flamingo Row, 2640 Perkins Creek Drive
Southside
16. Kolb Park, 1650 S. 6th Street
17. Taco John's, 2201 Bridge Street"
Paducah Power Annual Audit
"Paducah Power System Director of Finance Doug Handley presented the public power provider's
annual audit report. The audit shows that Paducah Power is in a strong position with strong internal
controls. The audit did not have any recommendations for improvement."
MAYOR'S REMARKS:
Communications Manager Pam Spencer provided the following summary:
November 28, 2023
"City Block Update
Mayor George Bray provided a brief update on the City Block Project in downtown Paducah. The
public parking area is open. Mayor Bray is in contact with developer, Weyland Ventures, as
Weyland seeks a financing partner to launch the boutique hotel for the Jefferson Street side of the
block. However, due to the holidays, Mayor Bray doesn't expect a significant update from Weyland
until next year."
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 November 14, 2023, Special Called Meeting of the Board of
Commissioners
I(B)
Receive and File Documents:
Deed File.-
ile:1.
1.Deed of Conveyance — City of Paducah to Paducah -McCracken County
Habitat For Humanity, Inc. — MO #2788
Contract File:
1. Contract Modification No. 2 — Midstates Construction Company, Inc. —
Robert Cherry Civic Center - $6,168.52 — MO 92774
2. Consultant Letter Agreement — Amendment No. 1 — Paducah Fire Department
Feasibility Study — MO 92675
Financials File:
1. Electric Plant Board Years Ended June 30, 2023 and 2022
2. Transit Authority of Paducah— Year Ended June 30, 2023
Bids File:
Contract For Uniform Services for the Fire Department MO #2828
Gall's, LLC
I(C)
Appointment of Cheryl Sullivan to the Creative & Cultural Council to replace Morgan
Walker, who resigned. This term shall expire March 24, 2025.
I(D)
Personnel Actions
I(E)
A MUNICIPAL ORDER AUTHORIZING A CONTRACT BETWEEN ESRI AND
THE CITY OF PADUCAH, ON BEHALF OF THE MEMBERS OF THE
MAP—GIS CONSORTIUM, FOR A MULTI -JURISDICTIONAL ENTERPRISE
LICENSE AGREEMENT (MO #2831; BK 13)
I(F)
AN MUNICIPAL ORDER ACCEPTING THE BID OF JSC TERMINAL, LLC,
D.B.A. MID WEST TERMINAL FOR THE CITY'S FUEL SUPPLY FOR THE
2024-2025 CALENDAR YEARS, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME (MO #2832; BK 13)
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 ORDER
CONTRACT WITH EVRARD COMPANY INCORPORATED — KENTUCKY DIVISION —
CONSTRUCTION OF DOG PARKS AND ROADWAY IMPROVEMENTS — NOBLE
PARK IN THE AMOUNT OF $612,700
Commissioner Henderson, offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners approve a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH EVRARD COMPANY, INC. IN THE
AMOUNT OF $612,700 FOR THE CONSTRUCTION OF DOG PARKS AND ROADWAY
IMPROVEMENTS IN NOBLE PARK."
November 28, 2023
After discussion, Commissioner Smith offered motion, seconded by Commissioner Guess, to amend
the motion to enter into the Contract with Evrard Company, Inc., but to exclude Alternative 91 and
Alternative 92 as part of the contract.
On call of the roll, yeas, Commissioners Guess and Smith (2). Nays, Commissioners Henderson,
Wilson, and Mayor Bray (3). Motion Fails.
The original motion was adopted on call of the roll yeas, Commissioners Henderson, Wilson, and
Mayor Bray (3); Nays Commissioners Guess and Smith. (MO #2833; BK 13)
Public comment: Jack Buri thanked the Commission for allowing dog park uses to have input on
the new facility. He requested clarification on whether or not the new dog park would be open prior
to removing the current park at Stuart Nelson. Mayor Bray confirmed that it is their intention to
have the new facility operational before removing the current facility.
ORDINANCE ADOPTIONS
APPROVAL OF CONTRACT MODIFICATION #1— SOUTH 25T11 STREET
IMPROVEMENT PROJECT WITH CENTRAL PAVING CO., IN THE AMOUNT OF
$69,535.09
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING CONTRACT
MODIFICATION NO. 1 WITH CENTRAL PAVING CO. FOR THE 25TH STREET
IMPROVEMENT PROJECT IN AN AMOUNT OF $69,535.09 AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME." This ordinance is
summarized as follows: This ordinance authorizes the Mayor to execute Contract Modification No.
1 with Central Paving Co. in the amount of $69,535.09, for a new total contract cost of
$1,948,327.39.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-11-8794; BK 36)
APPROVAL OF CONTRACT MODIFICATION #2 OF CONSTRUCTION CONTRACT
WITH JIM SMITH CONTRACTING, LLC, IN THE AMOUNT OF $127,300
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH JIM SMITH CONTRACTING, LLC.,
IN THE AMOUNT OF $127,300 FOR THE ADDITION OF EIGHT SLUICE GATES,
RESULTING IN A FINAL CONTRACT AMOUNT OF $1,815,900 FOR THE FLOODWALL
FLAPGATE PROJECT." This ordinance is summarized as follows: This ordinance authorizes the
Mayor to execute Contract Modification No.2 with Jim Smith Contracting, LLC to increase the
contract in an amount of $127,300, resulting in a final contract amount of $1,815,900.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-11-8795; BK 36)
APPROVE RESIDENTIAL INFILL AGREEMENT BY AND BETWEEN CITY OF
PADUCAH AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION NOT TO
EXCEED $197,991.86
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH,
KENTUCKY, APPROVING A RESIDENTIAL INFILL AGREEMENT BETWEEN THE CITY OF
PADUCAH, KENTUCKY, AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL DOCUMENTS
RELATED TO SAME." This Ordinance is summarized as follows: This ordinance approves a
Residential Infill Agreement between the City of Paducah and EMD Properties, LLC, for the LaBarri
Subdivision for a period of eight (8) years with a total rebate not to exceed $197,991.86 and authorizes
the Mayor to execute all documents related to same.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD 2023-11-8796; BK 36)
November 28, 2023
ORDINANCE INTRODUCTIONS
TEXT AMENDMENT OF SECTION 126-76 SIGN REGULATIONS
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER
126-76, SIGN REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH KENTUCKY." This Ordinance is summarized as follows: This ordinance accepts and
adopts the recommendation of the Paducah Planning Commission dated November 6, 2023, to
amend Section 126-76 Sign regulations of the Paducah Zoning Ordinance. The changes are related
to the permitting projecting signs in the B-2 Downtown Business Zone, clarifying enforcement of
the sign code, revising definitions, bringing the sign code into conformity with the City ofAustin,
Texas v. Reagan National Advertising ofAustin, LLC, and creating performance standards for
murals.
APPROVE A TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH RITTER
COMMUNICATIONS
Commissioner Smith offered motion, seconded by Commissioner Wilson, 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 RITTER COMMUNICATIONS, 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 RITTER COMMUNICATIONS AND ALL OTHER
DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This
Ordinance formally accepts the bid of Ritter Communications 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 November 11, 2022, and subsequent
addendum. Further, this Ordinance grants a ten (10) year, non-exclusive telecommunications
franchise to Ritter Communications, pursuant to Chapter 108 "Telecommunications" of the Code of
Ordinances of the City of Paducah.
AMEND CHAPTER 2, ARTICLE X "CODE OF ETHICS" OF THE PADUCAH CODE OF
ORDINANCES'
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH AND ESTABLISHING A
CODE OF ETHICAL CONDUCT APPLICABLE TO ALL OFFICERS AND EMPLOYEES OF
THE CITY AND CITY AGENCIES." This Ordinance is summarized as follows: This ordinance
amends Chapter 2, Article X "Code of Ethics" of the Code of Ordinances of the City of Paducah.
This amendment updates definitions, amends dollar limits related to gifts and honoraria from $100
to $200, updates wording related to the misuse of confidential information, defines violations of the
Code of Ethics as misconduct, expands financial interest statement requirements to department -head
level directors, sets a regular meeting date for the board of ethics, and updates and simplifies the
process of filing complaints and the procedure for holding hearings. Further, this ordinance creates
new sections related to withdrawal from participation, endorsements, meeting attendance, social
media, e-mail and text messages, incompatible offices, equal employment, conduct, City Policies,
and City Ordinances.
AMEND THE DEFINITION OF PROJECT IN THE SERIES 2020A BOND ORDINANCE
TO INCLUDE OTHER PUBLIC PROJECTS
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY AMENDING THE DEFINITION OF "PROJECT" IN THE
ORDINANCE OF THE CITY DATED NOVEMBER 26, 2019, TO PERMIT THE PROCEEDS
OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 2020A TO BE SPENT FOR
COSTS OF OTHER PUBLIC PROJECTS." This Ordinance is summarized as follows: This
ordinance amends the definition of "Project" as it is used in the Series 2020A Bond Ordinance to
reflect the updated project uses. Updated project uses include an outdoor public sports complex,
new terminal facilities and improvements at Barkley Regional Airport, new facilities and equipment
November 28, 2023
to be utilized by the 911 Communication Services Division of the Police Department, and one or
more additional public projects deemed necessary or desirable by the Board of Commissioners.
COMMENTS
COMMISSIONER SMITH:
• Made inquiry regarding the status of the old vacant school located in Forest Hills.
The Mayor responded that the Paducah Independent Schools owns that property and it is the
obligation of the School Board to address the issue. He further commented that this will be
a 2024 initiative for him.
CITY MANAGER
• Invites everyone to attend the Christmas Parade on Saturday, December 2, 2023.
• Thanked all the employees that have decorated around Paducah and for the successful tree
lighting ceremony.
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:
➢ A specific proposal by a business entity where public discussion of
the subject matter would jeopardize the location, retention, expansion
or upgrading of a business entity, as permitted by KRS 61.810(1)(g)
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray
(5)
RECONVENE IN OPEN SESSION
Commissioner Henderson offered motion, seconded by Commissioner Guess, 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 Smith offered Motion, seconded by Commissioner Henderson, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5).
TIME ADJOURNED: 7:39 p.m.
ADOPTED: December 12, 2023
ATTEST:
TOJU YL
Lindsay R<1j5rish, City Clerk