HomeMy WebLinkAboutCCMPacket2013-10-08CITY COMMISSION MEETING
.AGENDA FOR OCTOBER 8,201
5:30 P.M.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE — Yasmine Martinez-PTHS Senior
PROCLM,IATION — Safe Schools Week
ADDITIONSIDELETIONS
I.
MINUTES —
II.
MOTIONS
i
A. R & F Documents
IIl.
MUNICIPAL ORDERS
I
IV.
ORDINANCES — ADOPTION
A. Approve Agreement with the Ky Department of Horising, Buildings
and Construction for Expanded Jurisdiction -- FIRE CHIEF KYLE
r—
B. Authorize and Approve the Purchase & acquisition of Property
located at 5065 Concord Avenue for the Olivet Church Road
Improvement Project -- CITY 1VIGR PEDERSON
V.
ORDINANCES —INTRODUCTION
A. Jackson House Elevator Community Development Block Grant
Extension -- S. ERVLN
B. Change Order #2 for the Riverfront Redevelopment Project Phase I -A
— R. MURPHY
C. Employment Agreement for Police Chief -- CITY NIGR
L
VI.
CITY MANAGER REPORT
VII.
MAYOR & COMMISSIONER CONINIENTS
VIII.
PUBLIC COMMENTS
IX.
EXECUTIVE SESSION
7b AdTo Whom These Presents Shad Come:
`WWEREAS, Schools make su6stantia(contri6utions to the future ofAmerica and to the
development of our nation's young people as knowledgea6(e, responsible,
andproductive citizens; and
' VWERAS, Exce((ence in education is dependent on safe, secure, andpeacefu(scfiooi
settings; and
WK`ER` AS, 'I(ie safety andwe6p6eing of many students, teachers, andschoo(staff are
unnecessarily jeopardized 6y crime andvioience, such as substance abuse,
gangs, 6u((ying, poordiscipline, vandalism, anda6senteeism in ourschoois;
and
`WWEREAS, ACiieaders-especia(f those in education, (aw enforcement, government, and
business-shouideagedy coiia6orate with each other to focus pu6(ic
attention on schoo(safety andidentify, develop, andpromote answers to
these criticaiissues; and
`WJfEREAS, 1'umerous schools andscfioo(districts throughout the countdy, along with
nationalprograms, are among those innovative answers; and
' VWER ;AS, 7fie observance of Safe Schools'Weekencourages students, parents,
educators, and the community to "loin the r]"eam" andS.7O.CP.. the
CBuilying, Violence andRisky behaviorin ourscfioo(s to promote safe and
secure (earning climates:
Now, Therefore, we, do hereby proclaim October 20-26, 2013 as
"SATE SC FOOLS "Ex"
Andencourage a(lfraterna( legal, government andprofessionalassociations, students and
educators in America's schools to formally adopt similar resolutions andprociamations so that
we may enthusiastically work together to snake our scfioo(s safe, secure, and peaceful prates for
learning, teaching, andworking, free of drugs, alcohol, weapons, andfeac
SEPTEMBER 24. 2013
At a Regular Meeting of the Board of Commissioners, held on T'uesdav, September 24, 2013. at
5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor
Kaler presided, and upon call of the roll by the Citv Clerk, the following answered to their names:
Commissioners Abraham. Gault. Rhodes. Wilson and Mayor Kaler (5i.
INVOCATION
Joel Cauley, Senior Pastor, Reie%ant Church, gave the invocation.
PLEDGE OF ALLEGIANCE;
Cade Perfili, Paducah Tilghman High School Senior, led the Pledge.
PROCLAMATION
Mayor Kaier. presented a proclamation to Andrea Underntiood, Paducah Poser's Director of
Community Relations and Marketing, proclaiming October 6 through 12, 2013 as `Public Power
Week", y
IMINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
reading of the Nlinutes for September 17, 2013, City Commission meetings he waived
and that the Minutes of said meetings prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault; Rhodes, Wilson and
Mayor Kaler (5).
APPOINTMENT
COMAUSSIOhE.RS OF WATER WORKS
Mayor Kaler made the following appointment: 'WHEREAS, in accordance uith the Section
114-293 of the Code of Ordinances of are City of Paducah. I move that the Board of
Commissioners appoint Lennis B. Thompson to the Commissioner of %Vater Works to replace
Bill HoNapple, who has resigned. This term will expire January 6. 2016",
Commissioner Gault offered motion, seconded by Commissioner Abrdaarn, that the Board of
Commissioners approve the action of ,Mayor Kaler in appoiming Lewis B Thompson as a
member of the Commissioners of Water Works.
Adop[cd on call of the roll. }cas. Commissioners Abraham. Gault. Rhccies. Wilson, and Mayor
Kaler (5).
MOTIONS
R & k DOCUMENTS
Commissioner Rhodes offered ntonon, seconded h\ Commissioner %4i!son, that the following
documents lie received and filed:
L Insurance Certificate for Super Crete
2. Letler from Kemper CPA Group. LLP, as confirrttation of services they are to
provide the City of Paducah for the year ended June 30, 2al 3 and System Revic%�
Report for Kemper CPA Group, LLC by Sikich, LLP (ORB 4 2013-06-8038)
3. Construction contract for Jim Steele Construction for the Construction of a nes
horse known as the "Yeirser" at 717 Harrison Street and Votice to Proceed (ORD
# 2013-09-8069)
4. Construction contract for D & D Construction for the construction of a nese ]ionic
at 1403 Monroe Street and Notice to Proceed (ORD # 2013-09-8073)
5. Declaration of Default of Contract between Jerry Crawford Contracting and the
City of Paducah for the construction of 302 Harahan Boulevard (ORD # 2012-11-
7994)
Adopted on call of the roll. yeas. Commissioners Abraham, Gault. Rhodes, Wi Iscn, and Mayor
Kaler (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
SEPTEMBER 24, 2013
Commissioner Wilson offered motion, seconded by Commissioner Rhodes. that upon the
recommendation of the City Manager, the Board of Commissioners of the City of
Paducah order that the personnel changes on the attached list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes. Wilson and Mayor
Kaier (5).
ORDINANCES — ADOPTION
SETTING TAX LENTE,S: AD VALOREM PROPERTIES — EY 2013
Commissioner Abraham offered motion, seconded by Commissioner Gault, move that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE FIXING THE
LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF
PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR NfUNICIPAL PURPOSES
AND FOR SCHOOI. PURPOSES FOR THE PERIOD FROM JULY I. 2013.
THROUGH JUTE 30. 2014. WITH THE PURPOSES OF SAID TAXES HEREUNDER
DEFhNED",
PURPOSE RATE PER $ 100.0(}
General Fund of the City
Real Property
$0.255
Personal Property
$0.390
Motor Vehicles & watercraft
$0.390
School Purposes
$0.767
Paducah Junior College
$1,039
Real Estate
$0.017
Personal Property
$0.017
,Moror Vehicles & watercraft
$0.031
The City of Paducah shall collect the following tares for the Board of Education:
Paducah Independent School District
Real Property'
$0.767
Personal Property
$0.767
Inventory
$0.767
Total Tax Rate per 5100 - real property
$1,039
Total Tax Rate per S 100 - personal property
$1.174
Cotal Tax Rate per $100 - inventory
$0.767
Total Tax Rate per $100 - motor vehicle & "atercraft
$0.421
Property taxes levied herein shall be due and payable in the follotsin� ntamter:
In the case of tax bills which reflect an amount due of les, than Fire Hundred
Thirty Dollars (S530.00), the payment shall be due on November I. 2013. and shall be
payable \ti ithout penalty and interest until November 30, 2013.
In the case of all other tax bills. payment shall be in accordance with the
follovN ing provisions:
• The first half payment shall he due on November 1. 2013. and shall be
payable s� ithout penalty and interest until November 30, 20[3.
• The second half payment shall be due on February 1, 2014, and shall be
payable without penalty and interest until February 28, 2014.
Adopted on call of the roll, yeas. Commissioners Abraham. Gault, Rhcdes. Wilson, and yiau�r
Kaler ti). ORD.42013-9-3078 BK 33
ENTERGENCY ROOF ST:0ILIZATION ASSISTANCE PROGRAM
Commissioner Gault offered motion, seconded by Commissioner Abraham. that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF
THE CITY OF PADUCAH. KENTUCKY, APPROVING A MEVIORANDUIM
SEPTEMBER 24. 2013
OF UNDERSTANDING BY AND AMONG THE CITY OF PADUCAH,
KENTUCKY, AND TOM DUNN (DEVELOPER) WITH RESPECT TO THE
ROOF STABILIZATION OF 203 BROADWAY IN AN AMOUNT UP TO
S 100,000.00; AND AUTHORIZING THE EXECUTION OF VARIOUS
DOCUN[ENTS RELATED TO SUCH YIEMORANDUM OF
UNDERSTANDING.." This ordinance is summarized as foilo��s: The City
hereby approves a Memorandum of Understanding with Tom Dula for the
utilization of up to $100,000 of roof stabilization funds for stabilization of the
roof for the structure located at 203 Broadway.
Adopted on call of the roll, yeas, Commissioners ,Abraham, Gauli, Rhedes. Nilson. and Mayor
Kaier(5). ORD.42013-9-8079; BK 33
APPROVAL OF APARTMENT COMPLEX SIGNS
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners adopt an ordinance entitled "AN ORDINANCE AMENDING
SECTION 126-76, SIGN REGULATIONS, OF CHAPTER 126. ZONING, OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.- This
ordinance is summarized as follows: That the City of Paducah hereby amends Section
76(g), Sign Regulations of Chapter 126, Zoning, of the Code of Ordinances of the City of
Paducah to allow for apartment complex identification signage. XII permitted apartment
complex identification signs shall not exceed a height of 8 feet from adjacent grade.
Such signs shall be illuminated indirectly.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and \Mayor
Kaler (5}. ORD.42013-9-8080; BK 33
625 & 637 HAYDEN AVE (EICKHOLZ & TURNBO) ZONE CHANGE:
Commissioner Nilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
THE FINAL REPORT OF THE PADUCAH PLANNING CONiVUSSION ON THE
PROPOSED ZONING CHANGE FROM R-2 (LOW AND MEDIUNT DENSITY
RESIDENTIAL ZONE) TO R -d (HIGH DENSITY RES LDENTIALZONE) FOR
PROPERTY LOCATED AT 625 AND 637 HAYDEN AVENUE, AND AMENDING
THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING."
This ordinance is summarized as follows: Rezone property located at 625 and 637
Hayden Avenue from R-2, (Low and Nledium Density Residential Zone) to R --I. (High
Density Residential Zone), and amending the Paducah Zoning Ordinance to effect such
rezoning.
Adopted on call of the roll, yeas, Commissioners Abraham. Gault, Rhodes, Wilson, and 1layor
Kaler (5). ORD.92013-9-8081: BK 33
ACCEPT 2013 PORT SECURITY AWARD ----NEW BOAT RAMP VIDEO
SECURITY
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDIINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATING THERETO WITH THE U.S. DEPARTMENT OF
HOMELAND SECURITY FOR A 2013 PORT SECURITY GRANT". This ordinance
is summarized as follows: The tilayor is hereby authorized and directed to execute all
documents necessary with the U.S. Department of Homeland Security to obtain a 2013
Port Security Grant in the amount of 524.270.00 for the Riverfront Video Security
Project Phase II for the purchase and installation of equipment to extend video
surveillance coverage for the new boat ramp area located off North 6'h Street.
Adopted on call of the roll, yeas, Commissioners Ahraharn, Gault, Rhodes. Wilson, attd Ma%or
K31er (5). ORD.42013-9-8082; BK 33
ACCEPT 2013-201.1 EDWARD BYR-NE NIENIORIAL JUSTICE
ACCOL7TABILITY GRANT (JAG) AWARD
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING
THE EXECUTION OF AN ON-LINE GRANT AGREEMENT. AND ALL.
SEPTE;iMBER 24, 2013
DOCUMENTS RELATING THERETO, WITH THE U.S. DEPARTMENT OF
JUSTICE FOR A 2013-14 EDWARD BYRNE MEMORIAL JUSTICE
ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE
TO BE USED BY THE PADUCAH POLICE DEPARTNIFNT AND RATIFYING AN
INTERLOCAL AGREEMENT WITH THE FISCAL COURTOF McCRACKEN
COUNTY". This ordinance is summarized as follows: The Cityof Paducah hereby
approves the execution of an on-line grant agreement, and all doetuo-nents relating thereto
with the U. S. Department of Justice for a 2013-1 4Edward Byrne ['~Memorial Justice
Accountability Grant, in the amount of 513,382, to be used by the Paducah Police
Department to purchase a variety of necessary support equipment, No local match is
required. Further the City hereby approves the ratification of an Interlocal Agreement
between the City and County for the grant agreement approved.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes. Wilson, and .Mayor
Kaler (5)- ORD.42013-9-8083; BK 33
APPROVE TOEVER OPTION AND LEASE ANIENDMENTA2
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that
the Board of Commissioners adopt an ordinance entitled. "AN ORDINANCE OF
THE CITY OF PADUCAH, KENTUCKY, APPROVING THE SECOND
AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT' BY AND
BETWEEN THE CITY OF PADUCAH AND NEW CLNGULAR WIRELESS
PCS, LLC SUCCESSOR IN INTEREST TO BELLSOUTH MOBILITY LLC
TO ALLOW ADDITIONAL ANTENNAS AND RELATED EQUIPMENT ON
A PORTION OF THE 800 ;MHz TOWER LOCATED AT 510 CLARK
STREET, PADUCAH, NICCRACKEN COUNTY, KENTUCKY, AND
AUTHORIZES THE MAYOR TO EXECUTE SAID AMENDMENT". This
ordinance is summarized as follows: The City of Paducah hereby approves the
Mayor to execute a Second Amendment to Tower Option and Lease Agreement
with New Cingular Wireless to allow additional antennas and related equipment
to be installed on a portion of the 800 NIHz tov�er located at 510 Clark Street.
Paducah, McCracken County, Kentucky.
Adopted on call of the roll, yeas, Commissioners Abraham. Gault, Rhodes. Wilson. and.Malor
Kaler(5). ORD.42013-9-8684: BK 33
APPROVE MOU FOR ECONOMIC INCENTIVES TO SUPER[OR CARE
Commissioner Wilson offered motion, seconded by CotnrnissionerRhodes, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY
OF PADUCAH, KENTUCKY, APPROVING A IMEMORANDUNI OF
UNDERSTANDING FOR ECONOMIC INCENTIVES TO SUPERIOR CARE
HO\CIES, INC. TOWARD SEWER "CAP ON FEE FOR THE RELOCATION OF
CORPORATE OFFICES AND REHABILITATION FACILITY TO THE PADUCAH
COr.IMERCE PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID
10E\IORANDUyI OF UNDERSTANDING." This ordinance issummarized as follows:
The Board of Commissioners does hereby approve the terms of the Memorandum of
Understanding between the City and Superior Care Homes, Inc., which defines the City's
commitment to give a cash grant in the amount of $20,000.00 as an economic incentk c
toward sewer tap -on fees. In accordance with such approval. the Mayor of the City is
hereby authorized and directed to enter into a 1lemorandum of Underslandinv with
Superior Care Homes. Inc., which sets forsh the terms of the City's commitment with
regard to economic incentives.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes. Wilson, and.lallor
Kaler (5). ORD.92013-9-8085: BK 33
ORMNANCE — INTRODUCTION
NOBLE PARK POOL SPRAYPAD CHANGE ORDERS I & 2
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZNG AND DIRECTING THE MAYOR TO EXECUTE CHANGE
ORDERS I & 2 WITH VIURTCO INC FOR CONSTRUCTION OF THE NOBLE
PARK POOL SPPAYPAD" This ordinance is summarized as follows: The Mayor is
hereby authorized and directed to execute Change Orders I & 2 in the combined amount
of $65,600.71 for the City of Paducah's Noble Park Pool Renovations Phase R Project
SEPTENIBER 24, 2013
that includes the Noble Park Pool Spraypad Project. decreasing the total contract price to
S 122,865.29
CITY MANAGER REPORT
City Manage Jeff Pederson was out of town. Parks Director dark Thompson was Acting Cite
.Manager. He reminded es eryone of the BBQ on the River event September 26 through
September 28, 2013.
CONLMSSIO.NER COMMENT
None were given.
PUBLIC COMMENTS
None were gieen.
Geon motion the meeting adjourned.
ADOPTED: October 1. 2013
City Clerk
Mayor
OCTOBER 1, 2013
At a Regular Meeting of the Board of Commissioners, field on Tuesday, October I, 2013, at 5:30
p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler
presided, and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Abraham, Gault, Rhodes, and Mayor Kaler (4). Commissioner Wilson was
absent (1).
INVOCATION
Rev. Charles Moore, Senior Pastor, First Baptist Church, gave the Invocation.
PLEDGE OF ALLEGIANCE
Will Hancock, Junior at Paducah Tilghman High School, led the p�'edge.
PROCLAMATION
Mayor Kaler presented a proclamation to Cal Ross, ExeCutive Director of the Paducah Housing
Authority, proclaiming October as "Housing America Month'.
ORDINANCE -- ADOPTION
NOBLE PARK POOL SPRAYPAD CHANGE ORDERS 1 & 2
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE
ORDERS 1 & 2 WITH MURTCO INC FOR CONSTRUCTION OF THE NOBLE
PARK POOL SPRAYPAD' This ordinance is summarized as follows: The Mayor is
hereby authorized and directed to eXecute Change Orders I & 2 in the combined amount
of $65,600.71 for the City of Paducah's Noble Park Pool Renovations Phase II Project
that includes the Noble Park Pool Spraypad Project, decreasing the total contract price to
$122,865.29. ORD # 2013-10-8086 BK 33
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes and Mayor
Kaler (4),
ORDINANCES — INTRODUCTION
APPROVE AGREEMENT WITH THE KENTUCKY DEPARTMENT OF
HOUSING, BUILDINGS AND CONSTRUCTION FOR EXPANDED
JURISDICTION
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, -AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE
COMMONWEALTH OF KENTUCKY, DEPARTMENT OF HOUSING, BUILDINGS
AND CONSTRUCTION AND THE CITY OF PADUCAH, KENTUCKY.' This
ordinance is summarized as follows: That the Mayor is hereby authorized to execute an
agreement between the Commonwealth of Kentucky, Department of Housing, Buildings
and Construction, and the City of Paducah, Kentucky, for additional plan review and
inspection responsibilities within the City of Paducah. This agreement is for a term of
three years; however, it may be canceled as described in KRS 19813.060.
AUTHORIZE AND APPROVE THE PURCHASE & ACQUISTION OF
PROPERTY LOCATED AT 5065 CONCORD AVENUE FOR THE OLIVET
CHURCH ROAD IMPROVEMENT PROJECT
OCTOBER 1, 2013
Commissioner Rhodes offered motion, seconded by Commissioner Gault, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING
AND APPROVING THE PURCHASE AND ACQUISITION OF THE REAL
PROPERTY LOCATED AT 5065 CONCORD AVENUE, PADUCAH, McCRACKEN
COUNTY, KENTUCKY, FROM BETTY J. OWENS, FOR THE IMPROVEMENT OF
A PUBLIC PROJECT". This ordinance is summarized as follows: This Ordinance
authorizes the City of Paducah, Kentucky, to purchase the real property located at 5065
Concord Avenue, Paducah, McCracken County, Kentucky (the "Property"), for purposes
of the Olivet Church Roadway Improvement Project from Betty J. Owens, for the
purchase price of Five Hundred Thousand Dollars ($500,000.00), subject to the
reservation of a life estate interest reserved by Owens in and to a portion of the Property
to be set out in the deed of conveyance from Owens to City of Paducah.
CITY MANAGER REPORT
City Manager Pederson announced the reception and pinning ceremony for the promotion of
Brandon Barnhill Froin Assistant Police Chief to Police Chief is Friday, October 0' from 4:30 to
6:30 p.m. at City Hall in the atrium.
COMMISSIONER COMMENT
Commissioner Abraham asked for the infrastructure of Second Street of Market House Square be
examined.
PUBLIC COMMENTS
None %ere given.
Upon motion the meeting adjourned.
ADOPTED: October 8, 2013
City Clerk
Mayor
OCTOBER 8, 2013
I move that the follw,%ing documents be received and tiled:
DOCUMENTS
Insurance Certificates:
a. Jason Sams, DBA Sams Brothers Concrete
b. Faughn Electric, Inc.
2. Right of Way Bond for Jason Sams, DBA Sams Brothers Concrete
3. Notice oFCancellation for the Board of Commissioners of tlic City of' Paducah for 5:30 p.m..
September 10. 2013
4. Commissioner's Deeds:
a. 434 Ohio Street
b. 1131 Flournoy Street
5. Deed of Release for Freedom Capital Investments (ORD 4 2008-02-7391)
6. Agreements/Contracts:
a. Second Amendment to "Dower Option and Lease Agreement between the City of
Paducah and Nei, Cingular Wireless PCS, LLC (ORI) # 2013-09-8084)
b. Memorandum of Understanding between City of Paducah and Tom Dunn for Roof
Stabilization for the Roof Stabilization Assistance Program for 203 Broadway (ORD
20 13 -09-8079)
c. Memorandum of Understanding between Superior Care Homes, Inc. and City of
Paducah for the relocation of corporate offices and rehabilitation Faciiity (ORD 4 2013-
09-8085)
d. AIA Desi -n -Build Construction Agreement beo ecr City of Paducah and ivlcCracken
County and A&K Construction, Inc. for the Teletecl'i Call Center (ORD # 2013-08-
8054)
e. Agreement between City of Paducah and Harper Construction, LI -C for the Greeiu ay
Trail Phase II (ORD 4 2013-09-8076)
7, Change Order # 3 with Bluegrass Uniforms for Uniform Ser -ices for the Fire Department
(ORD # 2013-09-8070)
8. Change Order # 1 with Bluegrass Fire Equipment Company and Pierce iv'lanufacturing
Company. Inc. for two Triple Combination Pumper Trucks (ORD 4 2013-09-8070
Grant Agreement for 2013-2014 Edward Byrne Memorial Justice Accountability Grant (JAG)
Award (ORD 42013-09-8083)
10. Williams, Williams & Lentz, LLP Financial Statements for years ended June 30, 2013 and
2012 for Paducah Water Works
Paducah Water Works Financial Highlights for August 2013
Annual Report for Television Department for FY 20 12-20 13
Agenda Action Form
Paducah City Commission
Meeting Date: 10-1- 13
Short Title: Expanded Jurisdiction Agreement
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Les Fugate, Steve Kyle
Presentation By: Steve Kyle
Background Infonnation:
In order to conduct commercial plan review, inspections, and residential plan
review and inspections, the City maintains an agreement with the state for
expanded jurisdiction for these services. As a part of this agreement, it is
updated periodically as personnel and code changes occur. The agreement that
You have is the latest version.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighhot hoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number:
Staff Recommendation:
Approve agreement.
Attachments: Agreement
Finance
AGENDA ACTION FORM
PADUCAH CITY COMMISSION
Meeting Date: October t. 2013
Short Title: AUT14ORIZE AND APPROVE THE PURCHASE AND
ACQUISITION OF THE REAL PROPERTY LOCATED AT 5065 CONCORD
AVENUE FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Nlotion
Staff Work By: Mayor Gayle Kaler and .Teff Pederson
Presentation By: Jeff Pederson
Background Information:
The City of Paducah and property owner, Betty J. Owens, have come to an agreement
regarding the purchase of Owens' property located at 5065 Concord Avenue for the Olivet
Church Roadway Improvement Project. The approximately 2.16 acre property which
includes the Owens' home is a vital parcel necessary for the construction of a section of the
roadway that will stretch from New Holt Road next to the Kentucky Oaks Mall and tie into
Olivet Church Road. This five -lane access road, coupled with widening Olivet Church Road
to a three -lane from U.S. 60 (Hinkleville Road) to the already- improved section near James
Sanders Boulevard, will help reduce traffic congestion at the Interstate -24 exit 4 interchange
and along U.S. 60. Drivers will be encouraged to use the exit 3 interchange to enter the
Kentucky Oaks Nlall and surrounding areas from the north. The five -lane access road also
includes improvements at New Holt Road as drivers enter the mall.
This ordinance authorizes the City's purchase and acquisition of the real property at 5065
Concord Avenue as outlined in the attached Sales and Purchasing Contract and the Purchase
Contract Addendum for the negotiated purchase price of $500.,000. It is further determined
that the Mayor, on behalf of the City of Paducah, Kentucky, is hereby authorized to execute
the general warranty deed and any other documents neccssar�,• to accomplish and consummate
the purchase and acquisition of the Property from Owens in accordance with this Ordinance.
The agreement also outlines a life estate interest reserved by Owens. Owens can reside at the
home on the property For her lifetime. However, the holder of a life estate cannot leave the
land to anyone in their will because their interest in the land does not survive the person.
The Owens property will be divided into three tracts with the proposed five -lane road cutting
through the middle of the property diagonally. The home, that 144ces Concord Avenue, will
remain on an approximately 0.87 acre tract. The roadway with right-of-way easements
utilizes an approximately 0.73 acre tract. The remaining approximately 0.56 acres will be the
City's property to use for future development. The City expects a return on investment
through three future financial transfers of currently undetermined amounts for the following
Agenda Action f=orm
Page 2
tracts:
1. Reimbursement from the State of Kentucky for the right-of-way acquisition;
2. Future sale of the Owens home and 0.87 acre tract at the conclusion of the life estate
interest; and
3. Future sale of the remaining 0.56 acre parcel adjacent to the neve roadway.
The Olivet Church Road Improvement Project is a City of Paducah, ivlcCracken County, and
State of Kentucky project in which the City of Paducah has the administrative lead. Project
design and engineering has been conducted by the City of Paducah Engineering -Public
Works Department and approved by the State of Kentucky, The project has available
approximately $8.5 million in State of Kentucky funding with 32 million set aside for utility
relocation and right-of-way acquisition, which has been ongoing, and approximately $6.5
million for construction.
Goal: ®Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Do"�nwo�vns
Fonds Available: Account Name: Olivet Church Road Project
Account Number: Finance_
Staff Recommendation:
Approval of the purchase and acquisition of the property at 5065 Concord Avenue for
the purchase price of $500,000.00.
Attachments:
Sales and Purchasing Contract
Department Head City Clerk Cit}, Manager
Agenda Action Form
Paducah City Commission
Meeting Date: October 8th, 201 t
Short Title: Community Development Block Grant (CDBG) Grant Agreement Amendment
® Ordinance ❑ Emergency El Municipal Order El Resolution [] Motion
Staff Work By: Steve Ervin
Presentation By: Steve Ervin
Background Information:
The federal CDBG program, administered by the Kentucky Department for Local Government (DLG), is designed to
benefit low-income individuals and special populations that includes the elderly, handicapped or disabled.
An application authorized by Municipal Order 1559 on behalf of the Jackson Kouse Seniors Center was approved by
DLG for funding and required several actions by Commission Ordinance
including acceptance of the terms and conditions of the award in a formal grant
agreement with the Commonwealth
The grant agreement stipulated that the Cit} is the award recipient on behalf of
the facility owner, the not-for-profit V'esteni Kentucky Seniors Center Union
Labor Housing Corporation, and provides a $1,000,000 award to rehabilitate two
existing elevators and construct a new multi -service elevator.
The Jackson House project is estimated at 73% complete at this time.
Completion date is anticipated to be December 31, 2013. Staff is requesting a i
year extension to al low for additional t ime if needed.
If the Commission desires to proceed -with an extension, it must authorize and
direct the Mayor to execute the grant agreement amendment with DLG.
Goal ® Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Project Title: Jackson House CDBG
Project #: CDO078 Finance
File 4: 6.217
Account t: 006-1213-513.23-07
Staff Recommendation: Approval
Attachments:
Department Head City Clerk City Manager
OFFICE OF THE GOVERNOR
DEPARTMENT FOR LOCAL GOVERNMENT
Steven L. Oeshear
Governor
The Honorable Gayle Kaler
Mayor, City of Paducah
Post Office Box 2267
Paducah, KY 12002-2267
1024 Capital Center Drive, Suite 340
Frankfort, Kentucky 40601
Phone (502) 573-2382
Fax (502) 573-2939
Toll Free (80C) 346-5606
www, d [g. ky. gov
September 30, 2013
RE: Paducah Jackson House Elevator Rehabilitation Project
Community Development Block Grant #10-109
Dear i\Jayor Kaler:
Tony Wilder
Commissioner
Enclosed is an amendment form to extend the completion date of }-our grant from
December 31, 2013 to December 31, 2011. This is eery important because without this
amendment no grant payments can be made. You, as chief executive officer, and the city
attorney must sign the form. Please return the signed forrn to the Department for Local
Government by October 18, 2013 to allow adequate time for processing. Once the document has
gone through the approval process, you will be provided a copy of the signed document,
Thank you for your prompt attention to this matter, Should you have any questions or
need additional information, please contact Travis Weber at (502) 573-2382, ext. 234.
Enclosure
c: Cheryl Meadows
Sincerely,
Lyrul Tw'is Littrell, Executive Director
Office of Federal Grants
�ttuclz
UN6f21DLED SI=1RlT
An Equal Opportunity Employer WFID
COMMONWEALTH OF KENTUCKY
Department for Local Government
GRANT AGREEMENT AMENDMENT
Name and Address of Recipient:
The Honorable Gayle Kaler
Mavor, City of Paducah
Post Office Box 2267
Paducah, KY 42002-2267
Grant �lqo, 10-109
PON2 1100002622
Amendment No. 1
The Grant Agreement dated May 23, 2011 by and between the Commonwealth of Kentucky, Department for Local
Government and City of Paducah, Kentucky is being amended as follows:
Extend the project completion date to December 31,__2014
All other terms and conditions of the Grant Agreement, except as modified above and by prior amendments, are
hereby ratified and confirmed.
Payments pursuant to this Grant Agreement amendment shall not be authorized for services rendered after
Government Contract Review Committee disapproval unless the decision of the committee is overridden by the
Secretary of the Finance and Administration Cabinet or agency head if the agency has been granted delegation
authority by the secretary.
This Grant Agreement amendment shall be approved by the Secretary of the Finance and Administration Cabinet
prior to it taking effect.
IN WITNESS WHEREOF, the Commonwealth and the Recipient have executed this Grant Agreement
amendment.
COMMONWEALTH:
DATE
Examined as to form and legality only:
Attorney - Department for Local Government Tony \Nider. Commissioner
RECIPIENT:
DATE:
Examined as to form and legality only:
City of Paducah Attorney
c: Cheryl Meadows
Gayle Kaler
Mayor, City of Paducah
Agenda Action Form
Paducah City Commission
Meeting Date: October 8, 20 13
Short'title: Change Order 42 for the Riverfront Redevelopment Project Please
1-A, Piles and Mass Fill
Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By; Jeff Pederson, City Manager
Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On July 25, 2013, Municipal Order 91736 was adopted authorizing and directing the Finance Director
to transfer $265,000 from the General bund to the Riverfront Development Project Account to cover
the additional work and materials required on the extension of the Gangway Piles for the Riverfront
Phase 1-A Project. This Municipal Order was adopted with the understanding that an Ordinance
authorizing a Change Order would be introduced after the work was complete and the actual costs were
documented. All work associated with the Contract for Phase 1-A Project has been completed.
Therefore, Change Order 92 for Riverfront Redevelopment Project Phase I -A, Piles and Mass Fill has
been compiled to finalize the Project. Change Order 92 consists of the following three items:
1. Extension of the Ganeway Piles
At this time, all equipment, labor and materials associated with theeUcnsion of the Gangway Piles has
been completed. The final time and material costs associated with the, extension of the Gangway Piles
totals $192,428.8, which is less than the estimated $265,000 transferred by Municipal Order 41736.
The breakdown is as Follows:
Gangway "A" $ 72,006.02
Gangway "B" $ 78,811.47
Gangway "C" $ 41,611.33
TOTAL COST $192,428.82
2. Temporary Strut -Dower Barge Retainage:
On August 15, 2013, MAC gave the City official notice that the stone fill contract quantity in the
amount of 316,550 tons was not sufficient to complete the land mass fill according to the Phase 1-A
Project design. After MAC completed the installation of the 3 16,55 0 stone fill contract tonnage on
August 22, 2013, a "temporary shut -down" was implemented by MAC while the City investigated the
authorization to install additional stone. Due to this temporary shut -down, all work by the
Contractor's employees and operational equipment was halted; thereby causing a $6,000 per day
"down-time" daily charge to reserve the quantity of deck barges. The deck barges were retained a total
of seven days before being released. Therefore, the total down-time for barge retention totals $42,000.
3. Orderly Shut-Down/Proiect Stabilization:
On September 17, 2013, after consideration, the City Commission agreed to an "Orderly Shut -down"
and requested that MAC complete the items related to the Phase 1-A Project. This shut -down would
provide additional time to review the entire Project as a whole with respect to existing funding
Agenda Action Form Page 2
including grants. Complying with the City Commission direction to complete an "Orderly Shut -down,"
MAC was directed by the City Engineer -Public Works Director to finalize and complete the remaining
Contract items related to the Phase 1-A Project. However, prior to MAC demobilizing and leaving the
Project site, it was determined that additional grade work was necessary to leave the Project site in a
stable condition from a geotechnical global stability perspective. Failure to reduce the very steep free
standing mass fill slopes (angle of repose) would subject the river bottom foundation soils to fail or
"blow-out" under the current loading condition if prolonged.
Therefore, in order create stability within the Project site area, MAC has been requested to grade the
downstream "ridge area" where the existing slopes are I'/::I (very steep) to establish a 3:1 slope. In
order to accomplish this slope grade change, an additional amount of work outside of the current
contract is required. This additional work will consist of moving the existing rock from the "ridge
area" to create the 3:1 slope to leave the Project site in a stable situation while also installing the rock
around the pilings to help stabilize the gangway structures. MAC has agreed to perform this necessary
stability work on a time and material basis. The estimated cost to stabilize the downstream side of the
Project site is $80,000.00. It is our desire that the final stabilization amount will actually be less than
this amount proposed amount.
Therefore, the combination of the aforementioned three items, Change Order #2 will increase the
contract by $314,428.82, with the new contract amount being $4,805,028.82. In order for this Change
Order to be executed in the recommended amount, it will be necessary to appropriate an additional
$50,000 into the Project Account.
Goal: ZStrong Economy ®Quality Services ❑Vital Neighborhoods ®Restored Downtowns
Funds Available: Account Name: Riverfront Development
Phase I -A, Gangway Piles and Mass Fill Financ�
Account Number: 040-3315-532-2307 DT00 t5
Staff Recommendation:
To adopt an Ordinance authorizing the Mayor to execute Change Order 42 in the amount of
$314,428.82 with MAC Construction & Excavating, Inc., for the Riverfrom Redevelopment Project
Phase 1-A, Piles and Mass Fill, which will increase the original Contract from $4,490,600.00 to the
new final Contract amount of $4,805,028.82.
Attachments:
• Ordinance #2013-04-8029 - Original Contract
• Ordinance #2013-08-8062 - Change Order #1
• Municipal Order #1736
• Proposed Change Order #2 Form
OM50
CHANGE ORDER
PAGE IOFI
CITY OF PADUCAH
ENGINEERING PUBLIC -WORKS DEPARTMENT
CHANGE ORDER
CHANGE ORDER NO
2
DATE:
September 13,2013
The Riverfront Redevelopment Project - Phase 1-A
NAME OF PROJECT:
Piles and Mass Fill
OWNER:
City of Paducah, Kentucky
CONTRACTOR:
MAC Construction & Excavating, Inc.
THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS:
ADDITIONS
1 Extension of Gangway Pile A _ $72,006.02
2 Extension of Gangway Pile B _ $78,811.47
3 Extension of Gangway Pile C $41,611.33
4 Temporary Shut -Down Barge Retainage fee daily charges at $6,000 per
day at 7 days. $42,000.00
5 Orderly Shut -Down Stabilization of Downstream Area Estimated $80,000.00
CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY: $314,428.82
ORIGINAL CONTRACT PRICE: $4,490,600.00
CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: $4,490,600.00
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: $4,805,028.82
THE CONTRACT TIME WILL BE INCREASED BY: 0 Days
APPROVALS REQUIRED:
DATE
CITY ENGINEER -PUBLIC WORKS DIRECTOR DATE
1-147,
oxnlNANCE No. 20 13 ADOPT"ro�
&W
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH MAC CONSTRUCTION & EXCAVATING, NC., FOR
CONSTRUCTION OF THE RIVERFRONT REDEVELOPMENT PROTECT PHASE I -A,
PILES AND MASS FILL
WHEREAS, pursuant to Sec. 2-645 of the Code of Ordinances of the City of
Paducah, Kentucky, the Engineering Department received sealed bids on April 4, 2013, for the
River -front Redevelopment Project Phase l -A, Piles and Mass Fill, and
WHEREAS, pursuant to 2-654(4) of the Code of Ordinances of the City of
Paducah, Kentucky, a written determination has been made by the City Manager that the bids
received were in excess of the available funding and that it was in the beat interest of the City to
not delay of this project by re -solicitation; and
WHEREAS, competitive negotiations were entered into with the bidders and a
revised bid proposal was attained.
BE IT ORDAINED BY THE CITY OF PADUCATI, KENTUCKY:
SECTION L The City of Paducah hereby authorizes the Mayor to execute an
agreement with MAC Construction and Excavating, Inc., in the amount of $4,490,600.00, for
construction of the Riverfront Redevelopment Project Phase t -A. Piles and Mass Fill.
SECTION 2, This purchase shalt be charged to DT0015 project account, account
number 040-33I5-532-2307,
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners. April 23, 2013
Adopted by the Board of Commissioners,-�y-d..+ , 2013
Recorded by Tammara S. Sanderson, City Clerk -Mary— ^, 2013 I
Published by The Paducah Sun,
brd\en&gree-Riverfront Redevelopment Project Phase 1 -A -Piles & Mass Fill 2D13
11
ORDINANCE 2013-8- yr �
AN ORDINANCE APPROVING CHANGE ORDER dl WITH MAC
CONSTRUCTION & EXCAVATING, INC., FOR THE RIVERFRONT
REDEVELOPMENT PROJECT PHASE I -A, PB -ES AND MASS FILL, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID CHANGE ORDER NO. 1
WHEREAS, the City approved Ordinance No. 2013-48029 to enter into an
agreement with MAC Construction & Excavating, Inc., in the amount of 54,490,600.00 for
Riverfront Redevelopment Project Phase I -A, Piles and Mass Fill; and
WHEREAS, with the construction of the Riverfront Phase 1-A Project
underway, the idea of utilizing the concrete from the Executive Inn parking garage site as fill
for the land mass area has become a viable option; and
WHEREAS, after discussing possible alternatives, MAC Construction and
Excavating, Inc., submitted a proposal to demolish the exiting concrete pad and place the
concrete in the mass fill area for the total lump sum amount of $16,800. With the installation
of the Executive Inn concrete slab material in the mass fill area, the required tonnage of stone
for fill will decrease. In order to not increase or decrease the current contract amount,
$16,800 will he deducted from the change order - which equals 1,400 tons of stone fill at
$12.00 per ton. Therefore, this Change Order will be a substitution of materials used on the
project only with no cost increase or decrease to the total project cost of $4,490,600.00.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby approves Change Order No.I with
MAC Construction & Excavating, f tc.to increase the contract amount by $16,800.00 to allow
for the demolition of the Executive lm concrete slab for use as mass fill and to decrease the
contract mount by $16,800.000 deducting 1,400 tons of Stone Fill at $12.00, therefore, an
increase is not necessary to the total project cost of $4,490,600.00. Further, the Mayor is
hereby authorized to execute said Change Order No, 1.
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners August 13, 2013
Adopted by the Board of Commissioners, August 27, 2013
Recorded by Tammara S. Sanderson, City Clerk, August 27, 2013
Published by The Paducah Som,
uord\eng\chgord I-riverfront piles & mass fill
MUNICIPAL ORDER NO. 1736
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE
FINANCE DIRECTOR TO TRANSFER $265,000 FROM THE GENERAL FUND
RESERVE TO THE RIVERFRONT DEVELOPMENT PROJECT
WHEREAS, additional monies are required due to unforeseen project
costs associated with imperfect soil conditions beneath the relocated gangway structures:
and
WHEREAS, the City Engineer -Public Works Director will monitor the
additional work for time spent by contractor to provide assurance of necessary contractor
time needed for the additional work; and
WHEREAS, any portion of the transferred funds unused will be returned
to the General Fund Reserve.
BE IT ORDERED BY THE CITY OF PADUC AH, KENTUCKY.
SECTION L The Finance Director is hereby authorized and directed to
transfer $265,000, from the General Fund Reserve to the Riverfront Development Project.
Any portion of the $265,000 unused will be returned to the General Fund Reserve,
SECTION 2. This Order shall be in full force and effect from and after the
date of its adoption.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners August 6, 2013
Recorded by Tammara S. Sanderson, City Clerk, August 6, 2013
\mo�BT- Riverfront Development Project 2013
Agenda Action Form
Paducah City Commission
Meeting Date: October 22, 2013
Short Title: Approve employment agreement for Chief of Police.
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Cindy Medford, Brandon Barnhill, Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
Brandon Barnhill was appointed Chief of Police on September 17, 2013, after a
thorough selection process. Consistent with past practices for this position, Chief
Barnhill is offered an Employment Agreement which specifies major terms and
conditions for his employment in the capacity of Chief of Police. The term of his
employment is indefinite.
Goal: ®Strong Economy ® Quality Services® Vital Neighborhoods[] Restored Downtowns
Funds Available: Account Name:
Account Number:
Staff Recommendation:
Finance
Authorize the Mayor and City Manager to sign and execute the employment agreement for
Police Chief.
Attachments: Employment Agreement
ORDINANCE NO, 2013 -10 -
AN ORDINANCE, AUTHORIZING THE NIAYOR TO EXECUTE AN
EMPLOYMENT AGREEMENT FOR POSITION OF POLICECHIEF
BE IT ORDAINED BY I UE CITY OF PADUCAH, KENTUCKY:
SECTION I. That the Mayor is hereby authorized to exeeure an
Employment Agreement between tate City of Paducah and Brandon Barnhill for
employment as Police Chief of the City of Paducah.
SECTION 2. This Ordinance shall be read on tao separate days and \s ill
become effective upon summary publication pursuant to KRS Chapter 24.
ATTEST:
Tammara S- Sanderson. City Clerk
Introduced by the Board of Commissioners. October 8, 2013
Adopted by the Board of Commissioners, October 22, 2013
Recorded by Tamnmra S. Sanderson, Citv Clerk, October 22
Published by The Paducah Sun,
\ordApolice\contract-Police Chief 1013
2013
Vlayor
AGREEMENT TO EMPLOY BRANDON BARNHILL
AS PADUCAH POLICECHIEI<
This Agreement made and entered into this 22'd day of October 2013 by
and between the CITY OF PADUCAH, KENTUCKY, a INlunicipal Corporation,
hereinafter called "City", and Brandon Barnhill, hereinafter called "Police Chief', both of
whom understand as follow:
WITNESSETH:
WHEREAS, the Board of Commissioners of the City of Paducah desires
to employ Brandon Barnhill as Police Chief; and
WHEREAS, the Board of Commissioners desires to (1) secure and retain
the services of Brandon Barnhill as Police Chief and to provide inducement for him to
remain in such employment, (2) to make possible full work productivity and
independence by assuring his morale and peace of mind with respect to future security,
and (3) to provide a just means for terminating his service at such time that the Board of
Commissioners may desire to no longer employ him as Police Chief; and
WHEREAS, Brandon Barnhill desires to accept employment as Police
Chief of the City of Paducah;
NOW THEREFORE, the parties agree as follows:
APPOINTMENT
The Board of Commissioners appointed Brandon Barnhill as Police Chief of the City of
Paducah on September 17, 2013.
2. DUTIES
Police Chief shall serve under the direction of the City Manager. lie will
perform the duties of Police Chief as prescribed by the laws of the Commonwealth of
Kentucky, the Charter and Ordinances of the City of Paducali, and will perform
additional tasks and functions as directed by the City Nlanager.
3. TERM
Police Chief serves at the pleasure of the Board of Commissioners.
Nothing in this Agreement shall prevent, limit or otherwise iiiterfere with the right of the
Board of Commissioners to terminate the services of the Police Chief at any time, subject
only to State Law and the `Termination of Appointment" section of this Agreement.
4. BEGINNING DATE
Police Chief began his duties on September 19, 2013. The beginning date
of the effect of this contract will be October 24, 2013.
5. POLICECHIEF DIRECTOR COMMITMENTS
While serving as Police Chief, Brandon Barnhill agrees to remain in the
exclusive employ of the City, except that he may engage in occasional teaching, writing
or speaking on his own time. If outside compensation is provided for such services, the
Board of Commissioners shall be notified in advance.
Brandon Barnhill recognizes that it is important for City Department
Directors to be actively involved in the community and that residence in the City helps
demonstrate a commitment to the community. Therefore he has indicated a willingness
to make his home inside the City limits within two years.
b. INDEMNIFICATION
Whenever the Police Chief shall be sued for damages arising out of the
performance of his duties, the City shall provide defense counsel for the Police Chief ill
such suit and indemnify him from any judgment rendered against him, provided that such
indemnity shall not extend to any judgment for damages arising out of any wil Ifut
wrongdoing. Said indemnification shall extend beyond termination of employment and
the otherwise expiration of this Agreement to provide protection for any such acts
undertaken or committed in his capacity as Police Chief, regardless of whether the notice
of filing of a lawsuit occurs during or following employment with the City.
7. HOURS OF WORK
The minimum workweek for the Police Chief shall be 40 hours plus any
additional time reasonably required to discharge the responsibilities of the office, Since
the Police Chief must devote a great deal of time outside of normal office hours to City
business, he is allowed to take compensatory time off during formal office hours.
8. SALARY
City agrees to pay Police Chief an annual base salary of $87,422, with a 6
month review for performance.
In addition to his base salary the Police Chief, upon meeting State
certification requirements, will be eligible to receive Kentucky State Incentive pay.
9. COMPENSATION ADJUSTMENT
The City Manager will review the Police Chiefs compensation annually.
In considering compensation increases the City Manager will weigh the Police Chief's
performance, the compensation of Police Chiefs serving comparable jurisdictions in
Kentucky and neighboring states, increases granted to other employees, and the resources
of the City.
10. VEHICLE ALLOWANCE
'The Police Chief may choose either to have the City provide him
exclusive use of a vehicle for City business or to pay him a vehicle allowance of
$500/month.
11. RETIREMENT
The Police Chief will participate in Kentucky's defined benefit retirement
program as provided by the City for the benefit of its employees.
12,. LEAVE
The Police Chief shall accrue leave at the same rate as other general
employees. The leave accrual limits that apply to other administrative employees will
apply to the Police Chief.
13. UNIFORM ALLOWANCE
The Police Chief will be paid a uniform allowance of $1,500 per year.
14. PROFESSIONAL DEVELOPMENT
The City will pay the Police Chiefs professional association
subscriptions; memberships and participation costs, including attendance at an annual
professional association conference; and within budgetary litnits will support his
continued professional development.
15. INSURANCE AND OTHER BENEFITS
The Police Chief will participate in the City's health insurance and other
benefits on the same terms as provided for other administrative employees.
16. TERMINATION OF APPOINTMENT
Non -voluntary termination of the Police Chief rnt.tst be conducted in
accord with KRS 95,450 or similar legislation in effect at the time of termination.
If the Board of Commissioners decides to terminate the Police Chief or
requests his resignation during the first two years of his employment, the Board of
Commissioners will either give the Police Chief four months' notice before the
termination takes effect, or will offer to pay a severance payment to the Police Chief.
Such severance payment shall be a lump sum cash payment equal to six months of salary
as defined in Paragraph 8 above.
If the Police Chief elects to accept the aforesaid severance payment, he
will sign a severance agreement, which generally releases the City of any and all claims
that the Police Chief may have as a result of his employment and/or termination.
If the Police Chief is terminated by the Board of Commissioners, health
insurance benefits shall continue in full force and coverage, at City expense, for a period
of four months or until similar coverage is provided to the Police Chief by a subsequent
employer and is in full force and effect, whichever comes first. Such continuation of
group health insurance coverage shall be in addition to any protection afforded the Police
Chief by the Consolidated Omnibus Budget Reconciliation Act of 1988 (COBRA).
Coverage under COBRA shall begin on the date all coverage extended under these
severance provisions expires.
In the event the Police Chief is terminated for "just cause", then the City's
only obligation to the Police Chief is to pay all compensation and benefits accrued but
unpaid at the date of termination. "Just cause" is defined as: (1) willful neglect of duty;
(2) felony or misdemeanor conviction of any crime involving moral turpitude; (3)
dishonesty; (4) recurrent insobriety; (5) violation of duties to the City by any other act(s)
of a similar nature which bring discredit to the City.
Should the Police Chief be permanently disabled or otherwise unable to
perform his duties because of sickness, accident, injury, mental incapacity or health for a
period of four successive weeks beyond any accrued leave, the board of Commissioners
shall have the right to terminate this Agreement subject to the se�'erance provisions of
this section.
t7. GENERAL PROVISIONS
The text herein shall constitute the entire Agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the Police Chief.
This Agreement shall become effective upon actoption and approval of the
Board of Commissioners of the City of Paducah.
4
If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall not be affected and shal l remain in full force and effect.
IN WITNESS WHEREOF, the Board of Commissioners of the City of
Paducah has caused this Agreement to be executed on its behalf by the City's Mayor, and
Brandon Barnhill executed this Agreement as Police Chief this ___ day of October
2013.
Gayle Kaler, Mayor Brandon Barnhill
City of Paducah, Kentucky
A'CfEST:
Tammara Sanderson, City Clerk