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Home My WebLink About11-09-2021November 9, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, November 9, 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 Gault led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. DUKE OF PADUCAH PRESENTATION Mayor Bray presented a Duke of Paducah to Terry Jones. PRESENTATION Members of the Paducah Civic Beautification Board presented the annual business awards to the following ten businesses: Downtown Grumley, Riley & Stewart, P.S.C., 1634 Broadway Broussard's Cajun Cuisine, 123 N. 2nd St Fountain Avenue Neighborhood The House of Ross Coffee Bar, 227 North 13th Street Midtown Third Moon Tattoo, 3029 Broadway F.A.C.E. Makeup Artistry, 2121 Broadway FNB Bank, Inc., 130 Lone Oak Rd., Suite 101 West End Williams Park, 3901 Technology Dr. LuCASAcare, 3025 Clay St. Lower Town Buddenbaum House, 618 Monroe St. Southside Divine Design Center, 600 S 3rd St. NEW EMPLOYEE INTRODUCTIONS: Chief Laird introduced Police Officers Caleb Kindred and Austin Gruner POLICE DEPARTMENT SWEARING IN CEREMONY: Circuit Judge Tony Kitchens swore in the following Paducah City Police Officers: Rachel Bertrand, Michael Foster, Caleb Kindred and Austin Grauer. MAYOR'S REMARKS Communications Manager Pam Spencer offered the following summary: "Mayor Bray announced that Washington Street Baptist Church under the leadership of City Commissioner and Pastor Raynarldo Henderson will serve as the warming center for the community this winter. Currently, the Salvation Army and a local task force are working on the Mission Planning Study to assess Paducah's homeless situation. The study is expected to be completed early next year." 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. November 9, 2021 I(A) Approve Minutes for the October 26, 2021 Paducah Board of Commissioners Meeting I(B) Receive & File Documents Minute File: 1. Declaration Ending the Local State of Emergency dated October 18, 2021 — signed by Sandra Wilson, Mayor Pro Tem Deed File: 1. Quitclaim Deed — City of Paducah to OKP Properties —Alley Closure 1039-1041 Kentucky Avenue and 1034 Broadway and 1039 Kentucky Avenue ORD 2021-03-8678 2. Quitclaim Deed — City of Paducah to HIM Properties —Alley Closure 1039-1041 Kentucky Avenue and 1034 Broadway and 1039 Kentucky Avenue ORD 2021-03-8678 3. Deed Between Hawker Holdings and City of Paducah — 2416, 2420, 2540 Barnett Street and 2364 South 241` Street $34,500 MO 92483 4. Deed of Conveyance between City of Paducah and Jamfert and Letisha Barber — 1243 North 131` Street — MO 92507 Contract File: 1. Agreement with PFGW for Architectural Design — Robert Cherry Civic Center Renovation Project $66,500 MO #2518 2. City Request and Agreement for Litter Abatement Program Grant Funding — no Commission Action — signed by Mayor 3. Agreement between City of Paducah and Jim Smith Contracting — Floodwall Closure — ORD 2021-07-8695 4. Agreement between City of Paducah and Wilkins Construction Co. — Paducah Land Mass Flood Scour Project — ORD 2021-07-8706 Financials File: 1. Financials for Paducah Water Works— September 30, 2021 2. Financial Statement for Electric Plant Board of Paducah (Paducah Power System) — Years ended June 30, 2021 and 2021 Bids File: 1. Purchase of Knuckle Boom Truck for Public Works Refuse Department— Bid Tag Truck Enterprises MO #2511 Proposal: 1. Communication Plan Proposal —Socially Present —Paducah Creative and Cultural Council Website I(C) Appointment .tment ,. baro! G tilt end V,...:„ Y.... FF 1,1 .....,] r,.' n c r 1 r L n YY _ REMOVED FOR SEPARATE DISCUSSION I(D) Appointment of Joshua Tyler Parker to the Brooks Stadium Commission to replace Neel Carroll, who resigned. Said term shall expire December 31, 2023 I(E) Appointment of Buzz Vontesmar to the Municipal Housing Commission to replace John Shadle, whose term has expired. Said term shall expire July 22, 2025. I(F) Appointment of Erna Boykin to the Board of Adjustment to replace Alberta Davis, whose term has expired. Said term shall expire August 31, 2025. I G Personnel Actions I(H) A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF A 2022 KENTUCKY LITTER ABATEMENT GRANT APPLICATION THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR THE PUBLIC WORKS DEPARTMENT'S STREET LITTER ABATEMENT PROGRAM, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL AWARD DOCUMENTS (MO #2519; BK 12) I(I) A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE (1) ONE-HALF TON PICKUP 4X4 SSV IN THE AMOUNT OF $46,755, FOR USE BY THE FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2520; BK 12) I(J) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AN EPA BROWNFIELD ASSESSMENT GRANT INANAMOUNT OF $500,000 TO SUPPORT ENVIRONMENTAL PLANNING AND ASSESSMENTS OF TARGETED BROWNFIELD SITES IN AND AROUND THE SOUTHSIDE AND GATEWAY REGIONS OF PADUCAH (MO #2521; 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). November 9, 2021 APPOINTMENT TO 911 COMMUNICATION SERVICES OVERSIGHT COMMITTEE Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt the Mayor's appointments of Carol Gault and Kevin Kauffeld and the Joint Appointment of Jewel Jones to the 911 Communication Services Oversight Committee. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5)- 113 1"] W RM Eli) 5). 117"71`►RMEli)' ► CONTRACT MODIFICATION — PACE CONTRACTING LLC — PADUCAH FLOODWALL PUMP STATION 42 PROJECT IN THE AMOUNT OF $405,536.35 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH PACE CONTRACTING LLC. TO INCREASE THE CONTRACT BY $405,536.35 FOR THE PUMP STATION #2 REHABILITATION PROJECT." This Ordinance is summarized as follows: The Mayor is hereby authorized to execute Contract Modification No. 2 with Pace Contracting, LLC for an increase in the amount of $405,536.35 and a new total contract cost of $5,027,269.64 for unforeseen work that is needed, including MH 23 Actuator and Stem Replacement, overhead crane repair, electrical investigation and repair, and geotechnical/soil issues. This expenditure shall be charged to the Pump Station #2 Project Account FW0014. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8711; BK 36) APPROVE CLOSING OF VERMONT STREET EXTENDING SOUTHEAST OF 321 AND 322 VERMONT STREET BETWEEN 1401 ELMDALE AND 500 RIDGEWOOD STREET Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF VERMONT STREET EXTENDING SOUTHEAST OF 321 AND 322 VERMONT STREET BETWEEN 1401 ELMDALE ROAD AND 500 RIDGEWOOD STREET AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: The City of Paducah does hereby authorize the closing of Vermont Street extending Southeast of 321 and 322 Vermont Street between 1401 Elmdale Road and 500 Ridgewood Street, 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8712; BK 36) APPROVE CLOSING OF AN ALLEY EXTENDING SOUTHEAST OF EXECUTIVE BOULEVARD BETWEEN 501 NORTH 3RD STREET AND 514 & 520 NORTH LOOP ROAD Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY EXTENDING SOUTHEAST OF EXECUTIVE BOULEVARD BETWEEN 501 NORTH 3RD STREET AND 514 & 520 NORTH LOOP ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: The City of Paducah does hereby authorize the closing of an alley extending Southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-11-8713; BK 36) November 9, 2021 ORDINANCE INTRODUCTIONS PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING & TESTING FOR PAVEMENT MANAGEMENT INSPECTION Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce 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. McCRACKEN COUNTY 2011 GOB (MSU) REFINANCING 2021A Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce 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 November 9, 2021 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. JSA SANITARY SEWER EASEMENT —1105 SOUTH THIRD STREET Commissioner Wilson offered motion, seconded by Commissioner Henderson, 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 AT 1105 SOUTH 3`d 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 3`d Street. AMEND CODE OF ORDINANCES SECTION 2-582 RELATED TO THE CREATIVE AND CULTURAL COUNCIL Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce 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. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: ➢ Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b) ➢ Discussions of proposed or pending litigation against or on behalf of the public agency KRS 61.810(1)(c) ➢ 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 Gault, Guess, Henderson, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, 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) November 9, 2021 TIME ADJOURNED: Approximately 7:01 p.m. ADOPTED: November 23, 2021 ATT, $T:_ i I d$T:- ay Parish 'ty Clerk