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Home My WebLink About12-12-2023December 12, 2023 At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday, December 12, 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, Henderson, Smith, Wilson, and Mayor Bray (5). INVOCATION Commissioner Henderson led the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PRESENTATIONS Christmas Parade Award Winners Director of Parks & Recreation Arnie Clark and Recreation Superintendent Taylor Morsching presented awards to the first -place winners in the six categories for the 2023 Christmas Parade. The parade was held December 2 in downtown Paducah with the theme Wild West -ern Kentucky. Here is a comprehensive list of all the winners`. Themed Float Division: I st Place — Drake Lighting 2nd Place — Cub Scout Pack 2018 3rd Place — E -Z Way Auto Sales Religious Float Division: 1St Place —Northside Church 2nd Place — First Baptist Church Paducah 3`d Place — Paducah Global Methodist Church Non -Float Division: 1st Place — Goodwin Farms 2nd Place — McCracken County Public Library 3`d Place — Hines Furlong Line School Float Division: 1St Place — Paducah Middle School 2nd Place — McCracken County All -Girl Cheer 3`d Place — McCracken County FFA Drill Team Division: 1St Place — Center Stage Dance Academy 2nd Place — Paducah Step Team 3`d Place — The Rhythm Factory Band Division: 1St Place — McCracken County High School Band 2nd Place — Paducah Tilghman High School Band of Blue DUKE OF PAD UCAH PRESENTA TION Communications Manager Pam Spencer provided the following summary: Mayor George Bray presented a Duke of Paducah to Dann D. Patterson. Retired Kentucky Supreme Court Justice Bill Cunningham nominated Patterson for the Duke award. The application listed the various organizations in which Patterson has volunteered his time in addition to his service on the Barkley Regional Airport Board and the Paducah Human Rights Commission. RIGHT OF WAY PAVEMENT MANAGEMENT PROGRAM UPDATE Communications Manager Pam Spencer provided the following summary: December 12, 2023 Pavement Management Program Update Maegan Mansfield with Bacon Farmer Workman Engineering & Testing (BFW) provided an update on BFW's contract with the City for a pavement management system. The City approved a multi- year contract in November 2021 with BFW to perform pavement inspections on City streets using the PAVER software program. The detailed pavement inspection program actually began in 2018 with the inspection of all 223 lane miles of Paducah's streets and the assignment of a rating based on various factors. The rating is called the Pavement Condition Index, a number between 0 and 100 with streets in good condition receiving higher numbers. Streets receiving a rating of 65 or lower need rehabilitation. This recent contract includes the inspection of 20 percent of the streets each year and the development of street rehabilitation plans. For 2023, Mansfield said that 44 percent of the streets have a poor or failed rating and added that the rate of street deterioration is outpacing the street rehabilitation plan. At this time, BFW is developing the 2024-2026 Street Rehabilitation Plan for the City. Mansfield explained that it costs, on average, approximately $635,000 per mile to completely rehabilitate a street including drainage and sidewalks. For the current fiscal year, the City set aside $2 million for street rehabilitation. Mayor Bray would like the City to determine a phased -in plan to increase the street ratings so that the rehabilitation efforts will begin to outpace the rate of deterioration. 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 28, 2023, Special Called Meeting of the Board of Commissioners I(B) Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners —November 14, 2023 2. Notice of Special Called Meeting of Board of Commissioners —November 28, 2023 Contract File: 1. Contract Modification 44 — Midstates Construction — Civic Center Renovation Project - $12,369.08 — MO 42822 2. Contract Modification 45 — Midstates Construction — Civic Center Renovation Project - $4,790.15 — MO #2823 3. Addendum to Lease Agreement with Heritage Operating, LLC d/b/a Cremation Society of Paducah — MO 42824 4. Notice of Award — Uniform Services for the Fire Department — Galls, LLC — MO #2828 5. Regional Government Enterprise Agreement renewal with ESRI, Inc. for an additional three years — MO 42831 6. Agreement — City of Paducah 2024-2025 Fuel Contract with JSC Terminal, LLC d/b/a Midwest Terminal — MO 42832 7. Contract Modification #1 — South 25h Street Improvement Project with Central Paving Co. $69,535.09 — ORD 2023-11-8794 8. Contract Modification #2 — Construction Contract with Jim Smith Contracting, LLC - $127,300 — ORD Bids File: a. Paducah's Fuel Contract 2024-2025 — MO 42832 b. .TSC Terminal LLC d/b/a Midwest Terminal *sole bid I(C) Reappointment of Dann Patterson and Appointment of Kevin Kauffeld to the Barkley Regional Airport Authority Board. Said terms shall expire December 31, 2027. I(D) Appointment of Jacquelyn Carruthers to the Paducah -McCracken County Senior Citizens Board to replace Sarah Walker, who resigned. Said term shall expire June 30, 2026. .... .. _.....___.7rr`1r-..r.-_..Il 1 I.....,._,,...... .r., . T. December 12, 2023 I(E) Reappointment of Sara Bradley, Kelm Burchard and Glenn Denton to the Paducah Convention & Visitors Bureau Board of Directors. Said terms shall expire December 31, 2026. I(F) Appointment of Benny Heady to the Commissioners of Water Works to replace William Shannon, who resigned. Said term shall expire January 1, 2028. I G Personnel Actions I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $29,100 FOR PURCHASE OF 16 -FOOT ENCLOSED TRAILER FOR USE BY THE BOMB SQUAD OF THE PADUCAH POLICE DEPARTMENT (MO #2834; 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 ORDERS CONTRACT MODIFICATION #6 — MIDSTATES CONSTRUCTION — ROBERT CHERRY CIVIC CENTER - $166,073.30 Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 6 TO THE CONSTRUCTION CONTRACT WITH MIDSTATES CONSTRUCTION, INC. FOR THE ROBERT CHERRY CIVIC CENTER, IN THE TOTAL AMOUNT OF $166,073.30, AND CONTRACT EXTENSION 42 OF SIXTY (60) DAYS, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO # 2835; BK 13) APPROVE AGREEMENT WITH COMMUNICATIONS INTERNATIONAL IN THE AMOUNT OF $10,013,436.64 FOR THE PADUCAH-MCCRACKEN COUNTY 911 RADIO UPGRADE Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COMMUNICATIONS INTERNATIONAL AND THE COUNTY OF MCCRACKEN FOR THE PADUCAH- MCCRACKEN COUNTY 911 RADIO UPGRADE PROJECT." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2836; BK 13) APPROVE AMENDMENT #10 TO THE AGREEMENT WITH FEDERAL ENGINEERING FOR RADIO SYSTEM IMPLEMENTATION SUPPORT NOT EXCEEDING $265,782 Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND APPROVING AMENDMENT NO. 10 TO THE PROFESSIONAL CONSULTING AGREEMENT WITH FEDERAL ENGINEERING, INC., FOR PROFESSIONAL SERVICES RELATED TO IMPLEMENTATION SUPPORT FOR THE PADUCAH-MCCRACKEN COUNTY 911 RADIO UPGRADE PROJECT IN AN AMOUNT NOT TO EXCEED $265,782 AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO # 2837; BK 13) December 12, 2023 CITY OF PADUCAH RETIREE DEATH BENEFIT PLAN ADOPTION Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND ADOPTING THE CITY OF PADUCAH SELF-INSURED RETIREE LIFE INSURANCE PLAN DOCUMENT, AND AUTHORIZING 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). (MO 42838; BK 13) ORDINANCE ADOPTIONS TEXT AMENDMENT OF SECTION 126-76 SIGN REGULATIONS Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-12-8797; BK 36) APPROVE A TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH RITTER COMMUNICATIONS Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-12-8798; BK 36) 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 adopt 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 .1-71911 _77 -mill -,__ i, r December 12, 2023 media, e-mail and text messages, incompatible offices, equal employment, conduct, City Policies, and City Ordinances. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-12-8799; BK 36) PUBLIC COMMENT: Dujuan Thomas made a public comment thanking the Board of Commissioners for passing this Ordinance. 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 adopt 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 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. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORI) 2023-12-8800; BK 36) ORDINANCE INTRODUCTION Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SANITARY SEWER EASEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY FOR AN AREA LOCATED NORTH OF SEVENTH STREET (UNDEVELOPED) AND WEST OF FLOURNOY STREET (UNDEVELOPED) OWNED BY THE CITY OF PADUCAH IN ORDER TO CONNECT THE TREATMENT CHAIN FROM A PREVIOUSLY CONSTRUCTED DIVERSION AND PUMPING STATION THROUGH THE FLOODWALL AND RECONNECTING TO THE EXISTING EFFLUENT PIPING." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute a Sanitary Sewer Easement between the City of Paducah and Paducah McCracken County Joint Sewer Agency, for and in consideration of One dollar ($1.00) for an area located North of Seventh Street (undeveloped) and West of Flournoy Street (undeveloped). The permanent easement required is approximately 20,957 square feet (0.481 acres). COMMENTS City Manager • This is the last meeting of the year. • City Hall and all non -emergency city services will close December 25-26, 2023 for the Christmas Holiday and January 1-2, 2024, for the New Year Holiday Commissioner Henderson • Wanted to commend Chris Yarber and the Public Works staff for their work on the southside area of Paducah. Commissioner Wilson • She would like the Commission to move forward with funding in 2024 to help preserve the Columbia Theatre. Commissioner Smith • Announced that he will file to run again for City Commissioner. 7nrR-_7m_... MF[ _ . _._.- i., rrmirmmr.....__ __ December 12, 2023 ADJOURN Commissioner Henderson 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: 6:54 p.m. ADOPTED: January 9, 2024. ATTEST: Lindsay R. Pari City Clerk __-.. rimir--w.•.-.Wlllli. ._, _.. . -i., - =r=r- __