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HomeMy WebLinkAbout11-23-2021November 23, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, November 23, 2021, 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, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson, Mayor Bray (5). INVOCATION: Commissioner Guess led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. NEW EMPLOYEE INTRODUCTIONS: Public Works Director, Chris Yarber, introduced Public Works employees Jerry Gray, Taylor Smith, Troy Stubblefield, Aaron Marquiss, and Anthony Lee. PROCLAMATION: Mayor Bray presented a Small Business Saturday Proclamation to Katie Axt. MAYOR'S REMARKS • Remarked on the passing of former Mayor/Commissioner Gerry Montgomery and her contributions to the City. • Remarked that the old Amerisource Bergen building at 322 North Third Street has been sold and a bitcoin mining operation will go into that space. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda 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 9, 2021 Paducah Board of Commissioners Meeting I(B) RECEIVE AND FILE DOCUMENTS: Minute File: 1. Rejection of bids — 3/4 Ton pickup truck for use by Parks Facility Deeds: 1. Permanent Public Utility and Drainage Easements from Gill Family Properties, LLC, located at 701 and 702 Oakcrest Drive for the Buckner Lane Bridge Replacement Project — MO #2482 Contract File: 1. Kentucky Infrastructure Authority — Federally Assisted Clean Water Revolving Loan Fund Conditional Commitment Letter Loan Increase $750,000 - MO #2510 2. Interlocal Agreement — Justice Assistance Grant $12,325 — MO #2515 3. Agreement to purchase one %2 ton pickup 4x4 SSV for use by the Paducah Fire Department from Linwood Motors $46,755 — MO #2520 4. Contract Modification to Construction Contract with Pace Contracting — Paducah Floodwall Pump Station 42 - $405,536.35 — ORD 2021-11-8711 5. Pole Attachment License Agreements with Paducah Power System • Paducah -McCracken County Riverport Authority 09-26-2005 • Bellsouth Telecommunications, Inc. d/b/a AT&T Kentucky — 06-07-2010 • Windstream Communications — 01-26-2011 • Jackson Purchase Energy Corporation — 01-28-2011 • E -Tel, LLC — 03-09-2015 • Commonwealth of Kentucky, Finance and Administration Cabinet — 07-18-2018 • Open Fiber Kentucky Company, LLC 04-20-2021 • Comcast Cablevision of Paducah, Inc. 12-08-2003 Financials File: 1. City of Paducah Police and Firefighters Pension Fund valuation as of 07-01-2021 Bids File: 1. One 'h Ton pickup 4x4 SSV for Fire Department • Linwood Motors* • Prime Vendor I(C) Reappointment of Tammara Sanderson to the Civil Service Commission. This term shall expire December 9, 2024 November 23, 2021 Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDER AUTHORIZE SETTLEMENT PARTICIPATION FORMS — JOHNSON & JOHNSON SETTLEMENT Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners authorize a Municipal Order entitled: "A MUNICIPAL ORDER AUTHORIZING THE EXECUTION OF SETTLEMENT PARTICIPATION FORMS FOR THE JOHNSON & JOHNSON SETTLEMENT AND THE DISTRIBUTORS SETTLEMENT IN ORDER TO OPT -IN AS A PARTICIPATING SUBDIVISION IN THE NATIONAL OPIOID SETTLEMENT." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson (4) Mayor Bray recused himself from the vote. ORDINANCE ADOPTION PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING & TESTING FOR PAVEMENT MANAGEMENT INSPECTION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BFW ENGINEERING & TESTING, INC. FOR PAVEMENT INSPECTIONS SERVICES FOR CITY STREETS UTILIZING THE PAVER PROGRAM IN THE AMOUNT OF $49,751.82 PER YEAR FOR TWO (2) YEARS WITH THREE (3) OPTIONAL ONE-YEAR EXTENSIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute Contract with BFW for a two-year contract in the amount of $49,751.82 per year, with the option of three (3) one-year renewals at the discretion of the City Engineer for a total Not -To -Exceed contract amount of $248,759.10. The expenditure shall be charged to the MAP Program Street Resurfacing and Rehabilitation Account 23002217-542270. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8714; BK 36) I(D) Reappointment of Greg McKeel and Dr. Frank Hideg to the Brooks Stadium Commission. Said term shall expire December 31, 2025 I(E) Personnel Actions I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A MATCHING GRANT IN THE AMOUNT OF $3,000 FROM THE KENTUCKY LEAGUE OF CITIES LIABILITY GRANT PROGRAM FOR THE PURCHASE OF A NEW GPS AND CAMERA SYSTEM FOR ALL SOLID WASTE VEHICLES, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2522; BK 12) I(G) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH THE CITY OF METROPOLIS FIRE DEPARTMENT TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME (MO #2523; BK 12) I(H) A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND STEFANIE SUAZO FOR CONTRACTUAL EMPLOYMENT AS DIRECTOR OF HUMAN RESOURCES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME O #2524; BK 12 Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDER AUTHORIZE SETTLEMENT PARTICIPATION FORMS — JOHNSON & JOHNSON SETTLEMENT Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners authorize a Municipal Order entitled: "A MUNICIPAL ORDER AUTHORIZING THE EXECUTION OF SETTLEMENT PARTICIPATION FORMS FOR THE JOHNSON & JOHNSON SETTLEMENT AND THE DISTRIBUTORS SETTLEMENT IN ORDER TO OPT -IN AS A PARTICIPATING SUBDIVISION IN THE NATIONAL OPIOID SETTLEMENT." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson (4) Mayor Bray recused himself from the vote. ORDINANCE ADOPTION PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING & TESTING FOR PAVEMENT MANAGEMENT INSPECTION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BFW ENGINEERING & TESTING, INC. FOR PAVEMENT INSPECTIONS SERVICES FOR CITY STREETS UTILIZING THE PAVER PROGRAM IN THE AMOUNT OF $49,751.82 PER YEAR FOR TWO (2) YEARS WITH THREE (3) OPTIONAL ONE-YEAR EXTENSIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute Contract with BFW for a two-year contract in the amount of $49,751.82 per year, with the option of three (3) one-year renewals at the discretion of the City Engineer for a total Not -To -Exceed contract amount of $248,759.10. The expenditure shall be charged to the MAP Program Street Resurfacing and Rehabilitation Account 23002217-542270. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8714; BK 36) November 23, 2021 McCRACKEN COUNTY 2011 GOB (MSU) REFINANCING 2021A Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING AND APPROVING THE ISSUANCE OF A CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION REFUNDING NOTE, SERIES 2021A IN AN AGGREGATE PRINCIPAL AMOUNT EQUAL TO THAT PERCENTAGE OF THE PRINCIPAL AMOUNT OF THE COUNTY OF MCCRACKEN, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021A, WHICH, BEARING INTEREST AT THE SAME RATE OR RATES AS THE BONDS, RESULTS IN AGGREGATE ANNUAL PAYMENTS OF PRINCIPAL AND INTEREST ON THE NOTE NOT EXCEEDING $175,000 FOR EACH FISCAL YEAR DURING THE TERM OF THE BONDS; AUTHORIZING AND APPROVING AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY OF MCCRACKEN, KENTUCKY, APPROVING THE FORM OF THE NOTE; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE NOTE AND THE AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT; AUTHORIZING THE LEVY OF A DIRECT ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY, IN ADDITION TO ALL OTHER TAXES, IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE NOTE WHEN AND AS THE SAME BECOMES DUE; PROVIDING FOR THE PAYMENT AND SECURITY OF THE NOTE; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AND REPEALING INCONSISTENT ORDINANCES." This Ordinance is summarized as follows: This Ordinance authorizes the issuance by the City of Paducah, Kentucky (the "City") of a General Obligation Refunding Note designated as Series 2021A (the "Note") to the County of McCracken, Kentucky (the "County") in an aggregate principal amount equal to that percentage of the principal amount of the County's General Obligation Refunding Bonds, Series 2021A (the "County Bonds") which, bearing interest at the same rate or rates of interest as the County's Bonds, results in aggregate annual payments of principal and interest on the Note during each fiscal year of the City not exceeding $175,000. The Note is to be issued to finance the City's proportionate share of the costs of refunding the outstanding County of McCracken, Kentucky General Obligation Bonds, Series 2011 (the "Prior Bonds") in advance of maturity to achieve debt service savings. The proceeds of the Prior Bonds were used to finance the acquisition, construction, installation, and equipping of an educational building and associated streets, parking lots, utilities, and infrastructure (the "Project"), which Project has been and will be leased by the County to Murray State University (the "University"), an agency and political subdivision of the Commonwealth of Kentucky, in connection with the provision by the University of post -secondary educational opportunities in the City and the County. The Ordinance further authorizes an Amended and Restated Interlocal Cooperation Agreement (the "Interlocal Agreement,") between the City and the County setting forth the respective obligations of the City and the County with respect to the refinancing of the Prior Bonds. Provisions are made in the Ordinance for the payment of the Note and the security therefor; for the application of the proceeds of the Note; for the maintenance of the heretofore established Sinking Fund; and for certain covenants of the City with respect to the Note. The Note is to have a final maturity date not later than December 1, 2031, and shall bear interest, payable semi-annually on June 1 and December 1 of each year, commencing June 1, 2022, at the same interest rates as shall be established at an advertised, competitive sale for the County's Bonds. The Note pledges the full faith and credit of the County and provision is made for the collection of a tax to pay the principal of, and interest on the Note. As required by KRS 83A.060, Section 9 of the Ordinance shall be set forth in its entirety for publication. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8715; BK 36) JSA SANITARY SEWER EASEMENT —1105 SOUTH THIRD STREET Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt 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 AT 1105 SOUTH 3rd STREET OWNED BY THE CITY OF PADUAH IN ORDER TO PROTECT THE SANITARY SEWER." 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 at 1105 South 3rd Street. November 23, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8716; BK 36) AMEND CODE OF ORDINANCES SECTION 2-582 RELATED TO THE CREATIVE AND CULTURAL COUNCIL Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2 DIVISION 17 "PADUCAH CREATIVE AND CULTURAL COUNCIL" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH TO AMEND SECTION 2-582 "COMPOSITION; APPOINTMENT OF MEMBERS." This Ordinance is summarized as follows: This ordinance amends Section 2-582 of the Paducah Code of Ordinances. This amendment changes the composition of the Creative & Cultural Council to consist of seven (7) citizens and two (2) members of City staff. Further, this amendment no longer defines the staff members by specific title. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8717; BK 36) ORDINANCE INTRODUCTION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF 399.78' OF SOUTH 22ND STREET; 100' OF CLARK STREET; A 12.5' WIDE, 50' LONG ALLEY; 50' OF A 20' WIDE ALLEYAND 239.3' OF AN APPROXIMATE 15' ALLEY; AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: That the City of Paducah does hereby authorize the closing of 399.78' of South 22nd Street; 100' of Clark Street; a 12.5' wide, 50' long alley; 50' of a 20' wide alley and 239.3' of an approximately 15' alley, and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City of Paducah to the property owner in or abutting the public way to be closed. CITY3L4NAGER • City Hall and most of City facilities will be closed for the Thanksgiving holiday on Thursday and Friday. Also recognized our public safety employees who will be working those days. Wished everyone a safe and happy holiday. • Thanked the employees who participated in the decorating of City Hall and urged the public to visit during the Christmas season. MAYOR Paducah will have a Christmas parade this year on December 4. Amie Clark reports that there are 86 entries signed up so far. 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 Gault, Guess, Henderson, Wilson and Mayor Bray (5) TIME ADJOURNED: Approximately 5:46 p.m. ADOPTED: December 14, 2021 n '(1 P. Bray, M AST $T• indsay Paris ity Clerk