HomeMy WebLinkAboutCCMPacket2017-01-03ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
CITY COMMISSION MEETING
AGENDA FOR JANUARY 3, 2017
5:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
I.
MINUTES
II.
MOTIONS
A. R & F Documents
B. Appoint Mayor Pro Tem
III.
MUNICIPAL ORDER
A. Personnel Actions
IV.
ORDINANCES — INTRODUCTION
A. Authorize Fleet Maintenance Service Agreement with Concord Fire
Protection — R. MURPHY
B. Authorize Execution of Expanded Jurisdiction Agreement with State —
G.CHERRY
V.
CITY MANAGER REPORT
VI.
MAYOR & COMMISSIONER COMMENTS
V1I.
PUBLIC COMMENTS
VIII.
EXECUTIVE SESSION
DECEMBER 13, 2016
At a Regular Meeting of the Board of Commissioners, held on "Tuesday, December 13, 2016, 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, Wilson and Nfayor Kaler (5).
PRESENTATION
CHRISTMAS PARADE FLOAT WINNERS
Parks Services Department Special Event Coordinator Molly Ton;asallo presented Christmas
Parades awards to the following winners:
Themed Float
5" Place - Cub Scout Pack #20
4"' Place — Girl Scouts of Kentuckiana, Paducah Reidland
3`d Place — BFW/Marcum Engineering
2nd Place — Girl Scout Troop #1778
1" Place — Cub Scout Pack 92018
Non -Float
77Piace - Black Sheep Off-Roading
2°d Place - Blackburn Farms
1" Place - Goodwin Farms
School Float
3` Place - McCracken County High School Pep Club
2nd Place — Murray State University, Paducah Campus
A Place — St. Mary School System
Drill Team
2n Place - Silver Lining Homeschool Colorguard
I" Place - Paducah Quickstep Cloggers
Band
2 Place — McCracken County High School
1" Place — Paducah Tilghman High School
Reli ious Float
3 rd Place — Trinity United Methodist Church
2nd Place — Highland Cumberland Presbyterian Church
I" Place — Milburn Chapel Cumberland Presbyterian Church
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of
the Minutes for the December 6, 2016, City Commission meeting be waived and that the
Minutes of said meeting prepared by the City Clerk be approved as written.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
DECEMBER 13, 2016
MOTION
R & F DOCUMENTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following
documents and bids be received and filed:
DOCUMENTS
1. Certificates of Liability Insurance:
a. Johnston Fire Services, LLC
b. Danny Cope & Sons
C. Youngblood Excavating
d. Will Thomas
e. AST Environmental, Inc.
2. Right of Way Bonds for Will Thomas and AST Environmental
3. Quitclaim Deed with Lots of Wheels, LLC and Maegah Properties & Development, Inc.
for Floodwall Remnants (ORD 2016-10-8437)
4. Deed with Jenny Hari -Keeling & Seth Keeling for 2400 Spruce Street (MO 1943)
5. Contracts/Agreements:
a. Franchise Extension Agreement with Comcast Cable, Heartland Region (ORD
2016-12-8455)
b. One -Year Renewal Agreement with Harper Consintction, LLC for Concrete
Program (ORD 2015-05-8235)
C. Grant Agreement with US Department of Homeland Security for 2016 Port
Security Grant (ORD 2016-09-8424)
d. Community Development Block Grant Agreement with the Kentucky Department
for Local Government for Four Rivers Recovery Center (ORD 2016-11-8450)
6. Paducah Water Works Financial Highlights for October 2016
BIDS FOR PLANNING DEPARTMENT
151 Clements Street
I . Kenneth W. Knight
*denotes accepted bid
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes; Wilson and Mayor
Kaler (5).
MUNICIPAL ORDER
PERSONNEL ACTIONS
Commissioner Rhodes offered motion, seconded by Commissioner `Filson, 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 upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mavor
Kaler (5),
DECEMBER 13, 2016
DECLARATION AND SALE OF SURPLUS PROPERTY LOCATED AT 15t
CLEMENTS STREET
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF KENNETH W. KNIGHT
N THE AMOUNT OF $100 PLUS RECORDING AND DEED PREPARATION FEES FOR
REAL PROPERTY LOCATED AT 151 CLEMENTS STREET AND AUTHORIZING THE
MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO
COMPLETE THE SALE," be adopted.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). M.O.#1945; BK 9
ORDINANCES — ADOPTION
APPROVE FINAL SUBDIVISION FOR GREENWAY VILLAGE PHASE 2
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING THE FINAI,
REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL
SUBDIVISION FOR GREENWAY VILLAGE SUBDIVISION— PHASE 2; ACCEPTING
ALL PUBLIC IMPROVEMENTS, EASEMENTS AND RIGHT OF WAY; AND
AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE
PLAT." This Ordinance is summarized as follows: An Ordinance approving the final report of
the Paducah Planning Commission on the proposed final subdivision for property known as the
Greenway Village Subdivision — Phase 2; accepting all public improvements, dedication of right
of way and public utility easements. In addition, the City of Paducah hereby authorizes the
Mayor to subscribe a certificate of approval on the plat.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2016-12-8456; BK 34
ACCEPT BID FOR POLICE OFFICERS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, `'AN ORDINANCE ACCEPTING THE BID OF
GALLS, LLC FOR THE PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT
EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of
Galls, LLC for uniforms for employees in the Police Department at the uniform unit prices
contained in the bid dated November 12, 2016, for a period of two years beginning upon
execution of the contract, and authorizing the Mayor to execute said contract.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.42016-12-8457; BK 34
DECEMBER 13, 2016
OFFICIALLY ASSIGN A NAME FOR THE NEWLY CONSTRUCTED ROADWAY
ASSOCIATED WITH THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE OFFICIALLY NAMING A
PORTION OF THE NEWLY CONSTRUCTED FIVE -LANE ROADWAY AS NEW HOLT
ROAD, WHICH HAS BEEN COMPLETED AS PART OF THE OLIVET CHURCH ROAD
IMPROVEMENT PROJECT." This Ordinance is summarized as follows: That the name of a
portion of a newly constructed five -lane roadway originating at the intersection of Hinkleville
Road and New Holt Road and proceeding through Kentucky Oaks Mall to the intersection of the
existing reconstructed three -lane portion of Olivet Church Road be New Holt Road.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD, 2016-12-8458; BK 34
ACCEPTANCE OF DELTA REGIONAL AUTHORITY GRANT FOR
RECONSTRUCTION OF FLOODWALL PUMP STATION NO. 2
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY BETWEEN
THE DELTA REGIONAL AUTHORITY AND THE CITY OF PADUCAH FOR A
COMMUNITY INFRASTRUCTURE FUND (CIF) MATCHING GRANT FOR THE
FLOODWALL PUMP STATION NO. 2 REHABILITATION PROJECT." This Ordinance is
summarized as follows: The Mayor is hereby authorized to execute all documents necessary
with the Delta Regional Authority for a Community Infrastructure Fund matching grant award in
the amount of $400,000 for the Floodwall Pump Station No. 2 Rehabilitation Project. The
projected cost is estimated to be $5,105,000 which will be provided from the City's FY2017
budget and meet the 10% required grant match.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2016-12-8459; BK 34
FY2016 FINAL REVISED BUDGET ORDINANCE
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDNANCE ADOPTING THE CITY OF
PADUCAH, KENTUCKY FINAL ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1,
2015, THROUGH JUNE 30, 2016," This Ordinance is summarized as follows: The City of
Paducah hereby adopts a final budget for FY2016 that reflects all adjustments made throughout
the fiscal year and any adjustments required by the independent financial auditors. The
appropriations of City Govenumnt for a total of $74,510,750, and summarized by fund as
follows:
FUNDS APPROPRIATIONS
GENERAL $ 34,237,445
MAP 1,338,670
INVESTMENT 5,208,985
DECEMBER 13, 2016
CDBG
737,500
E911
1,464,120
COURT AWARDS
30,375
DEBT
3,081,865
CIP
13,872,675
BOND FUND
1,274,360
SOLID WASTE
4,691,660
CIVIC CENTER
142,560
RENTAL
159,705
RADIO DEPR
166,815
FLEET
511,715
FLEET TRUST
1,009,955
SELF INSURANCE
1,194,345
HEALTH INS
3,938,110
AEPF/PFPF/TRSTS
1,449,890
$ $74.510,750
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.42016-12-8460; BK 34
$3.0 MILLION BORROWING ISSUE FOR DOME RELOCATION AND CAPITAL
NEEDS FOR CONVENTION CENTER
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 AUTHORIZING AND APPROVING A GENERAL OBLIGATION LEASE
WITH COMMUNITY FINANCIAL SERVICES BANK IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $3,000,000 TO PROVIDE FINANCING FOR THE COSTS OF
THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF
IMPROVEMENTS TO THE JULIAN CAR -ROLL CONVENTION CENTER, INCLUDING
RELATED AND APPURTENANT COSTS; PROVIDING FOR THE PAYMENT AND
SECURITY OF THE LEASE; CREATING A SINKING FUND; AUTHORIZING THE
EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE; MAKING
CERTAIN DESIGNATIONS REGARDING SUCH LEASE; AND AUTHORIZING AND
APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY OF
MCCRACKEN, KENTUCKY TO PROVIDE ADDITIONAL SOURCES OF PAYMENT FOR
THE PRINCIPAL OF, AND INTEREST ON, S15CH LEASE.` This Ordinance is summarized
as follows: The Ordinance authorizes the City of Paducah, Kertucky (the "City") to (i) execute and
deliver a general obligation lease agreement (the "Financing Lease") in the maximum aggregate
principal amount of $3,000,000 with Community Financial Services Bank (the "Financing
Lessor") in order to finance improvements to the Julian Carroll Contention Center, and (ii) an Interlocal
Cooperation Agreement (the "Interlocal Agreement") with the Count;of McCracken, Kentuck}
DECEMBER 13, 2016
(the "County"), whereby the County will remit to the City a porton of certain taxes collected by
the County under Sections 9tA.390 and 91A.392 of the Kentucky Revised Statutes, as amended,
in order to provide funds to the City to pay, or reimburse the City for the payment of, debt
service on the Financing Lease.
The Ordinance approves the forms of the Financing Lease and the Interlocal Agreement
presented to the City Commission of the City and authorizes the Mayor and City Clerk to execute
the Financing Lease and the Interlocal Agreement with such changes therein as shall not be adverse
to the City and as may be approved by the Mayor and City Clerk.
The Ordinance further provides for a general obligation pledge to assess sufficient taxes to
comply with the obligations to pay lease payments under the Financing Lease. The full text of the section
relating to the pledge to levy and assess a tax to pay the Financing Lease is as follows:
`Section 2. General Obligation Pledge. Pursuant to the Constitution of the Commonwealth
and Chapter 66 of the Kentucky Revised Statutes, as amended (the "General Obligation
Statutes"), the obligation of the City created by the Financiag Lease shall be a full general
obligation of the City and, for the prompt payment of the Lease Payments (as defined in the
Financing Lease), the full faith, credit and revenue of the City are hereby pledged. During the
period the Financing Lease is outstanding, there shall be and there hereby is levied on all the
taxable property in the City, in addition to all other taxes, without limitation as to rate, a direct
tax annually in an amount sufficient to pay the Financing Lease Payments on the Financing
Lease when and as due, it being hereby found and determined that current tax rates are within all
applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and
extended upon the tax duplicate and collected by the same officers in the same manner and at the
same time that taxes for general purposes for each of said years are certified, extended and
collected. Said tax shall be placed before and in preference to all other items and for the full
amount thereof, provided, however, that in each year to the extent that the other taxes or
revenues of the City are available for the payment of the Lease Payments and are appropriated
for such purpose, the amount of such direct tax upon all of the taxable property in the City shall
be reduced by the amount of such other taxes or revenues so available and appropriated.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.42016-12-8461; BK 34
SPECIFYING CERTAIN PUBLIC OFFICIALS TO HAVE AUTHORITY OF CITATION
OFFICERS
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2-
591(B) AND MODIFYING ITS CONTENT BY SPECIFYING WHAT PUBLIC OFFICIALS
HAVE THE AUTHORITY OF CITATION OFFICER UNDER THE CODE OF ORDINANCES
OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This
Ordinance amends section 591 of Chapter 2 of the Paducah Code of Ordinances to add and
delete what public officials are citation officers under the Code of the City of Paducah.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2016-12-8462; BK 34
REPEALING AND REPLACING THE NUISANCE CODE ORDINANCE
DECEMBER 13, 2016
Commissioner Wilson offered motion, seconded by Commissioner lt cies, that the Board of
Commissioners adopt an Ordinance entitled ''AN ORDINANCE COMPLETELY REPEALING
CHAPTER 42, SECTION 1 THRU 100, THE NUISANCE CODE AND RELATED
ORDINANCES AND REPLACING THEM IN THEIR ENTIRETY WITH A CODE
ENFORCEMENT BOARD AND RELATED ORDINANCES, THUS REVISING CHAPTER
42, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This
Ordinance is summarized as follows: The City of Paducah is revising Chapter 42 of the code of
ordinances of the City of Paducah and repealing specific, already enacted ordinances in order to
create a code enforcement board for the purpose of regulating artd enforcing nuisances, property
maintenance and other code ordinances, that are to be adopted herein, and for allowing the
imposition of remedial measures, fees and/or fines, which wil l be published as follows in
accordance with Kentucky Revised Statutes.
Sec. 42-43. - Ordinance fine schedule.
Violations of ordinances that are enforced by the Code Enforcement Board shall be
subject to the following schedule of civil fines:
(a) If a citation for a violation of the nuisance code is not contested by the person
charged with the violation, the penalties set forth in this subsection may apply per inspection: If
the code enforcement officer is required to make inspections beyond the initial inspection and
one additional follow-up inspection, to determine if the required corrections have been made,
then the Code Enforcement Board shall assess the following finis not to exceed the value of the
property as determined by the Property Valuation Administrator:
Inspections 3rd Inspection and All
Subsequent Inspections
Abandoned Vehicles and Appliances, Grass, Weeds, Litter, Solid $100.00
Waste, Other Nuisances Defined By 42-50(a)(I-7)
(b) If the citation is contested and a hearing before the Code Enforcement Board is
required, the following maximum penalties may be imposed at the discretion of the board per
inspection not to exceed the value of the property as recorded by the Property Valuation
Administrator:
•; Inspections
3rd Inspection
4th Inspection
5th Inspection and
All Subsequent Inspections
Property Maintenance
$250.00
$350.00
$500.00
Sec. 42-44. - Lien; tines, charges, abatement costs, fees, penalties, attorney fees and
costs.
(a) The city shall possess a lien on the property owned by the person found by a non -
appealable final order, or by a final judgment of the court, to have committed a violation of the
code for all fines assessed for the violation and for all. charges, costs, penalties, abatement costs.
and fees, including without limitation attorney's fees and a $3C.00 administration fee, incurred by
the city in connection with the enforcement of the code. The l ;:n shall bear interest at the rate of
four percent per annum until paid. An affidavit of the code enforcement officer shall constitute
DECEMBER 13, 2016
prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to
KRS 65.8801 to KRS 65.8834.
(b) A notice of the lien may be recorded in the office of the county clerk. The lien
shall be notice to all persons from the time of its recording and shall bear interest until paid. The
lien shall continue for ten (10) years following the date of the novappealable final order or final
court judgment.
(c) Subject to section 42-45(i), the lien shall take precedence over all other liens,
except state, county, school board and city taxes, and may be enforced by judicial proceedings,
including a foreclosure action.
(d) In addition to the remedy prescribed in subsection (a), the person found to have
committed the violation shall be personally liable for the amount of all fines assessed for the
violation and for all charges, costs, penalties, abatement costs, and fees, including without
limitation attorney's fees and a $30.00 administration fee, incurred by the city in connection with
the enforcement of the code. The aforesaid amount shall bear interest at the rate of four percent
per annum until paid. The city may bring a civil action against the responsible owner or owners
and shall have the same remedies as provided for the recovery of a debt.
(e) The city shall be entitled to recover from the responsible owner or owners all
attorney fees and others costs incurred by the city by reason of the collection upon and
enforcement of the responsible owner's or owners' liability hereunder and the lien which secures
the same.
(f) Upon payment, determination of the Code Enforcement Board or Court order, the
city shall be authorized to release any lien filed hereunder and recorded in the Office of the
County Clerk.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.42016-12-8456; BK 34
CITY MANAGER REPORT
WATER RESOURCE DEVELOPMENT ACT
Both houses of Congress have passed the WRDA Bill meaning the City's floodwall
reconstruction project and will be starting the appropriation process.
S3.0 MILLION LOAN FOR THE DOME RELOCATION AND RENOVATIONS TO
THE JULIAN CARROLL EXPO CENTER -BILL AND MEREDITH SCHROEDER
EXPO CENTER
Last night the McCracken County Fiscal Court passed an ordinance authorizing an Inter -local
Agreement with the City for funds collected by the county froin the 2% transient room tax to be
used as the reventie stream to pay the loan.
BROADWAY/JEFFERSON STREET CONVERSION PROJECT
Reminder that the meeting for public input will be held December 15'x' at 7:00 p.m. at the Julian
Carroll Convention Center.
NEXT STEPS WORKSHOP PRIORITIES
A committee of staff members have been researching how cities have established criteria to rank
capital improvement projects. In January, department directorsand the city manager will hold a
DECEMBER 13, 2016
workshop for the commission to select the criteria which will be used to rank capital
improvement projects.
STOFUMWATER PLAN
Next month the City Engineer will be bringing forward a contract proposal for the stormwater
management plan.
ADOPTED: January 3, 2017
City Clerk
Mayor
JANUARY 3. 2017
move that the following documents be received and filed:
DOCUMENTS
1. Called Meeting Notice for the Paducah Board of Commissioners for January 3, 2017
2. Oath of Office for Mayor Brandi Harless and Commissioners Sandra Wilson, Richard
Abraham, Allan Rhodes and Sarah Stewart Holland
3. Certificates of Liability Insurance:
a. A & K Construction, Inc.
b. DC Electric of Benton, Inc.
c. Artisan Contractors of KY, LC
d. Danny Cope & Sons Excavating, LLC
4. Special Warranty Deed and Bill of Sale with Paducah McCracken County Convention
Center Corporation for 711 North 6"' Street (ORD # 2016-5-8366)
5. Deed with Karolyn Brown for 2519 Ohio Street (MO # 193 l )
6. 2017 One -Year Renewal Agreement with Central Paving Company of Paducah, Iile. for
Compost Grinding of Tree Debris and Yard Waste (ORD 2014-3-8125)
*Denotes accepted bid
CITY OF PADUCAH
January 3, 2017
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.
r
I
1i? Ci Manager's Signature
Date
EPW - STREET
Fickert, Robert A
CITY OF PADUCAH
Termination
December 14, 2016
Lamb, Billy J
ROW Maintenance Person
PERSONNEL ACTIONS
December 28, 2016
gi l COMMUNICATIONS
January 3, 2017
Roberts, Jonas R-
Telecommunicator
Resignation
December 16, 2016
NEW HIRE - FULL-TIME
Kaler, Gayle D
POSITION RATE
NCS/CS
FLSA
EFFECTIVE DATE
FIRE - SUPPRESSION
End of Term
December 31, 2016
Doolittle, Steven
PRDA Director
Gagnon, Grant D
Firefighter Appointee $12.56/Hr
NCS
Non-Ex
January 26, 2017
Bonds, Robert M
Firefighter Appointee $12.56/Hr
NCS
Non-Ex
January 26, 2017
Jenkins, Michael S.
Firefighter Appointee $12.56/Hr
NCS
Nan-Ex
January 26, 2017
GENERAL GOVERNMENT
Harless, Brandi L
Mayor Beginning of Term
NCS
Ex
January 1, 2017
Holland, Sarah S
Commissioner Beginning of Term
NCS
Ex
January 1, 2017
TERMINATIONS - FULL-TIME FIT
POSITION REASON
EFFECTIVE DATE
EPW - STREET
Fickert, Robert A
ROW Maintenance Person
Termination
December 14, 2016
Lamb, Billy J
ROW Maintenance Person
Resignation
December 28, 2016
gi l COMMUNICATIONS
Roberts, Jonas R-
Telecommunicator
Resignation
December 16, 2016
GENERAL GOVERNMENT
Kaler, Gayle D
Mayor
End of Term
December 31, 2016
Gault. Carol C
Commissioner
End of Term
December 31, 2016
Doolittle, Steven
PRDA Director
Retirement
December 31, 2016
POLICE - SUPPORT SRVCS
Reid, Myra E
Records Clerk I
Retirement
December 31, 2016
Agenda Action Form
Paducah City Commission
Meeting Date: January 3, 2017
Short Title: Fleet Maintenance Service Agreement with Concord Fire
Protection District
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
The City of Paducah's Fleet Maintenance Division has the full ability to provide maintenance
and repairs set -vices to the City's Fleet vehicles, including Fire Trucks. At this time, the Fleet
Maintenance Division is willing and more than capable to provide services, for a fee, to other
governmental agencies that provide emergency and/or utility services. In this accord,
Concord Fire Protection District has requested the Fleet Maintenance Division to perform
maintenance and repair to the vehicles owned by Concord as outlined in the attached
Agreement pursuant to the Fee Schedule. Upon approval, the term of this Agreement will be
for one year and automatically renewed yearly if both parties agree as outlined in the
Agreement. Additionally, either party shall have the right to terminate the Agreement upon
60 day's written notice.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Na►ne:
Account Number: Finance
Staff Recommendation:
To adopt an Ordinance authorizing the Mayor to execute a Fleet Maintenance Service
Agreement with Concord Fire Protection District.
Attachments:
Fleet Maintenance Agreement
Vj
Departm t Hea City Clerk City Manager
ORDNANCE NO. 2017 -1 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING A FLEET MAINTENANCE SERVICE AGREEMENT WITH
CONCORD FIRE PROTECTION DISTRICT, AND AUTHORJZII`tG THE MAYOR
TO EXECUTE SAID AGREEMENT
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization. The Cityhereby approves the Fleet
Maintenance Service Agreement with Concord Fire Protection District for the City to provide all
fleet maintenance services, including labor, materials, and operations for repair and preventive
maintenance for a fee. Further, the Mayor of the City is hereby authorized to execute the
Agreement.
SECTIONt 2. Term. This agreement shall become effective upon execution. The
initial term of the agreement shall be for a period of one (1) year. Stich term shall automatically
renew at the end of the Initial Term and any subsequent terms therea#ter for an additional one (l)
year unless either the City or Concord terminates this Agreement upon 60 day's written notice.
SECTION 3. Severability. If any section, paragrapa or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 4. Compliance With Open Meetings Lags. -The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 6. Effective Date. This Ordinance shall beread on two separate days
and will become effective upon summary publication pursuant to US Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, August 16, 2016
Adopted by the Board of Commissioners, August 23, 2016
Recorded by Tammara S. Sanderson, City Clerk, August 23, 2015
Published by The Paducah Saar,
'.ord`eng'agree-fleet maintenance senices—concord
CITY OF PADUCAH FLEET MAINTENANCE
SERVICE AGREEMENT
This Fleet Maintenance Service Agreement (hereinafter "Agreement") is made and entered into
by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and
Concord Fire Protection District, (hereinafter "Concord") or ("Parties" where Paducah and Concord
are referred to collectively), pursuant to KRS 79.110 et. seq.
RECITALS
WHEREAS, the City of Paducah's Fleet Maintenance Department (hereinafter "Department")
services and repairs Paducah's vehicles and wishes to provide said services for a fee to other
governmental agencies which provide emergency and/or utility services;
WHEREAS, Concord provides emergency services to the community and wishes to have its
fleet of vehicles maintained by Paducah;
WHEREAS, Paducah agrees to provide all professional labor, materials, and operations
necessary to provide maintenance and repair services to Concord's vehicle fleet for a fee.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
I. REPAIR SERVICES. Paducah agrees to provide fleet maintenance services, including labor,
materials, and operations for repair and preventive maintenance, pursuant to the Fee Schedule
attached hereto and incorporated herein by reference. This Fee Schedule will remain in effect
during the first Term of this Agreement and will be updated annually with Concord being provided
a copy of the new Fee Schedule no later than thirty (30) days before the end of each Terra. The
turn -around time for repairs to vehicles will be determined based on the extent of repairs and
availability of parts.
2. HOURS OF OPERATION. Paducah's Fleet Maintenance Department is open and in operation
Monday through Friday from 6:30 a.m. until 3:00 p.m., with the exception of holidays recognized
by Paducah. If repairs are to be performed on an emergency basis outside regular operating hours,
the fee will be one and one half times the regular hourly fee.
3. WARRANTY OF WORKMANSHIP. Paducah agrees to warrant its workmanship on repairs for
a period of 30 days following completion of work.
4. TOWING. Concord understands and agrees that it wilt be responsible for towing any vehicles to
the Department.
5. WORK AUTHORIZATION. Paducah is authorized to perform work on any vehicle in which the
fee is less than 5500.00. Any service or repair which will exceed S500.00 shall require prior
written authorization from Concord's authorized representative as identified in Paragraph 10.
6. COLLISION REPAIRS. Paducah will not perform collision repairs.
198999
CITY OF PADUCAH — FLEET MAINTENANCE SERVICE AGREEMENT
7. TERIM. This Agreement shall become effective on the date the Agreement is fully executed. The
Initial Term of this Agreement shall be for a period of one (1) ,year, Such term shall automatically
renew at the end of the Initial Term and any subsequent terms thereafter for an additional one (1)
year unless either Party terminates this Agreement as specified in Paragraph 8 herein or if Concord
notifies Paducah of its intent not to renew this Agreement upon receipt of the updated fee schedule
which will be provided to Concord no later than thirty (30) days before the end of each Term.
8. TERMINATION. Either Party shall have the right to terminate this Agreement without cause
upon sixty (60) days' written notice to the other Party. Paducah may terminate this Agreement
with cause upon thirty (30) days' written notice to Concord for non-payment of fees, as more
particularly described in Paragraph 9. Upon termination of this Agreement, Paducah will return all
fleet vehicles to Concord upon receipt of all fees owed by Concord, which will be due within thirty
(30) days' of the Notice of Termination or the date of last invoice, whichever is sooner.
9. PAYMENT. Paducah shall send monthly invoices to Concord for all Fleet Maintenance Services
performed during that month. Concord shall pay the monthly invoices within thirty (30) days of
the date of the invoice. After sixty (60) days of non-payment, this Agreement shall be subject to
Termination for Cause by Paducah as more particularly described in Paragraph 8.
10. AUTHORIZED REPRESENTATIVES OF THE PARTIES. Paducah's City Engineer &
Public Works Director shall serve as the authorized representative for purposes of administration of
this Agreement on behalf of Paducah. Concord's Fire Chief will serve as Concord's authorized
representative.
11. NONDISCRIMINATION. The Parties shall comply with all applicable federal, state, and local
laws regarding nondiscriminatory employment practices, whether or not said laws are expressly
stated in this Agreement. The Parties shall not discriminate against any employee or applicant
because of race, color, religious creed, national origin, physical disability, mental disability,
medical condition, marital status, sexual orientation, sex, or age.
12. COMPLIANCE WITH LAW. The Parties shall comply with all applicable legal requirements,
including all federal, state, and local laws, ordinances and resolutions, whether or not said laws are
expressly stated in this Agreement.
13. INSURANCE.
(a) Concord shall maintain general and auto liability insurance, including bodily injury and
property damage, with a single combined liability limit of not less than $1,000,000 for claims
arising out of and in connection with the provision of service by Paducah under this
Agreement.
Paducah shall be named as an additional insured on Concord's policy. An endorsement shall
be provided which states that Concord's insurance is the prxnary insurance and that no other
insurance affected by Paducah will be called upon to contribute to a loss under this coverage.
Concord shall furnish Paducah with original certificates and amendatory endorsements
affecting coverage required by this clause. All certificates and endorsements are to be received
and approved by Paducah.
Paducah shall maintain general and auto liability insurance, including bodily injury and
K
CITY OF PADUCAH — FLEET MAINTENANCE SERVICE AGREEMENT
property damage, with a single combined liability limit of riot less than $1,000,000 for claims
arising out of and in connection with the provision of service by Paducah under this
Agreement.
Concord shall be named as an additional insured on Paducah's policy. An endorsement shall be
provided which states that Paducah's insurance is the primary insurance and that no other
insurance affected by Concord will be called upon to contribute to a loss under this coverage.
Paducah shall furnish Concord with original certificates and amendatory endorsements
affecting coverage required by this clause. All certificates aitd endorsements are to be received
and approved by Concord.
14. INDEMNIFICATION. To the extent not prohibited by the Kentucky Constitution or Kentucky
law, Concord shall indemnify, hold harmless, and defend Paducah (including its elected officials,
officers, agents and employees) from and against any and all claims (including all litigation,
demands, damages, liabilities, costs, expenses, and attorney's fees) resulting or arising from
Paducah's performance, or failure to perforin, under this Agreement.
15. FORCE MAJEURE. If by reason of force majeure, Paducah is unable in whole or in part to
perform the services under this Agreement, Paducah shall not be considered in breach during the
continuance of such inability, The term 'force majeure" as used herein shall mean the following:
acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or
restraints of any kind of the government of the United States or of the State or any of their
departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides,
earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery,
transmission pipes or canals; or any other cause or event not reasonably within the control of
Paducah.
16. RELATIONSHIP OF THE PARTIES. It is expressly understood that no agency, employee,
partnership, joint venture or other relations is established by this Agreement. Nothing contained in
this Agreement is intended to, nor shall it be construed in any v,ay, to be a joint powers agreement
of any kind.
17. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be
delivered to the respective Party as set forth in this section, Communications shall be deemed to be
effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b)
actual receipt at the address designated below, or (c) three (3) working days following deposit in
the United States Mail of registered or certified mail sent to the address designated below. The
Authorized Representative of either Party may modify their respective contact information
identified in this section by providing notice to the other Party.
TO: City of Paducah TO: Concord Fire Protection District
City Hall Concord Fire Department
Attn: City Engineer & Public 'Works Director Attn: Concord Fire Chief
300 South 5th Street 5265 Enterprise Drive
Paducah, KY 42003 Paducah, KY 42001
3
CITY OF PADUCAH — FLEET MAINTENANCE SERVICE AGREEMENT
18. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a
guide to the contents and are not to be considered as controlling, enlarging, or restricting the
interpretation of the Agreement.
19. SEVERABILITY. If any provision of this Agreement (including any phrase, section, covenant, or
condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall be construed as not containing that provision, and the remainder of this
Agreement shall remain in full force and effect; provided, however, this paragraph shall not be
applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.
20. GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be governed in
accordance with the laws of the Commonwealth of Kentucky. Any legal action brought
concerning this Agreement shall be filed exclusively in a state court located in McCracken County,
Kentucky. By execution of the Agreement, each Party consents to the exclusive jurisdiction of
such courts, and waives their right to challenge jurisdiction or venue in such courts. Each Party
also waives their right to trial by jury. In the event a dispute must be resolved through litigation,
the prevailing party shall be entitled to recover the costs and expenses of the dispute from the other
party, including its reasonable attorney fees.
21. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be
assigned or transferred, nor shall any of the Parties' duties be delegated, without the written
consent of the other Party. Any attempt to assign or delegate this Agreement without the written
consent of the other Party shall be void and of no force or effect, Consent by a Party to one
assignment shall not be deemed to be consent to any subsequent assignment.
22. SUCCESSORS. This Agreement shall bind and inure to the benefit of all successors and assigns
of the Parties and any associates in interest, and their respective directors, officers, agents, servants,
and employees, and the successors and assigns of each of them, separately and collectively.
23. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by
an agreement in writing signed by both Parties.
24. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
Each Party shall have the right at all times to enforce the provisions of this Agreement in strict
accordance with the terms hereof, notwithstanding any prior conduct or custom. The failure of a
Party to enforce its rights under this Agreement shall not be construed as having created a custom
which is contrary to specific provisions of this Agreement, or as having in any way or manner
modified or waived such provisions. All rights and remedies of the Parties shall be cumulative,
and the exercise of one right or remedy shall not be deemed a waiver or release of any other right
or remedy.
25. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by
reference, comprises the entire integrated understanding between the parties concerning the
services described herein. This Agreement supersedes all prior negotiations, agreements, and
understandings regarding this matter, whether written or oral. This Agreement may not be
amended except in writing signed by a duly authorized representative of each Party.
CITY OF PADUCAH — FLEET MAINTENANCE SERVICE AGREEMENT
26. SIGNATURES. The individuals executing this Agreement represent and warrant that they have
the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf
of the respective entities. This Agreement shalt inure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Paducah and Concord do hereby agree to the full performance of the
terms set forth herein.
CITY OF PADUCAH
By: Brandi Harless
Title: Mayor
Date:
198999
5
CONCORD FIRE PROTECTION
DISTRICT
L6Q,M 7A���
By: Nob McGowan
Title: Concord Fire Chief
Date: 11', ^a.O I l �9
CITY OF PADUCAH -- FLEET MAINTENANCE SERVICE AGREEMENT
Shop Hourly Labor Rate Sheet
General Vehicle Description
Heavy Truck -------------------------------------- $95,00 per hour
Heavy Equipment -------------------------------- $95.00 per hour
Passenger Vehicle ------------------------------- $85.00 per hour
Light Truck ---------------------------------------- $85.00 per hour
Small Engine ------------------------------------- $75.00 per hour
**An overtime rate (1.5) will apply to all work after 3pm weekdays, Saturday and Sunday."
Agenda Action Form
Paducah City Commission
Meeting Date:
Short Title: Expanded Jurisdiction Agreement between the City of Paducah and
Department of Housing, Buildings and Construction
Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work BV: Greg Cherry
Presentation By: Greg Cherry
Background Infortnation: The Department of Housing, Buildings and Construction has
reviewed our application for the Expanded Jurisdiction Renewal and has granted us
approved. This agreement specifies the enforcement responsibilities with the boundaries of
the City of Paducah and those of the state. This agreement may be rene« ed every three years
upon review by the Board of Housing, Buildings and Construction.
Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborlmds❑ Restored Do�vntowns
Funds Available: Account Name: N/A
Account Number: N/A Finance
Staff Recommendation:
Attachments:
Department Head City Clerk Cite .l.lanager
ORDINANCE NO. 2017 -1 -
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
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. 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. This agreement specifies the enforcement responsibilities
within the boundaries of the City of Paducah and those of the state. It is for a term of three years.
!�F.CTTON 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424,
ATTEST:
Tammara S. Sanderson. City Clerk
Introduced by the Board of Commissioners January 3, 2017
Adopted by the Board of Commissioners, January 17, 2017
Recorded by Tammara S. Sanderson, City Clerk, Januar}, 17, 2017
Published by The Paducah Sun,
\ord\insp\contract-insp jurisdiction
2017-2020
Mayor
S
PUBLIC PROTECTION CABINET
Matthew G. Bevin Department of Housing, Buildings and Construction
Governor 101 Sea Hero Road, Suite 100
Frankfort, Kentucky 40601-5412
Phone: 502-573-0365
Steven A. Milby Fax: 502-573-1057
Commissioner wvvw.dhbc.ky.gov
November 4, 2016
Mayor Gayle Kaler
300 S 5`' Street
Paducah, KY 42003
David A. Dickerson
Secretary
Timothy R. House
Deputy Commissioner
Re: Expanded Jurisdiction Agreement between the Cih, of Paducah and
Department of Housing, Buildings and Construction
Dear Mayor Kaler:
Please find enclosed the expanded jurisdiction agreement be,ween the City of Paducah
and the Department of Housing, Buildings and Construction. This agreement specifies the
enforcement responsibilities within the boundaries of the City of Paducah and those of the state.
This agreement may be renewed every three (3) years upon review by the Board of Housing,
Buildings and Construction,
Please review this document and if you are in agreement, obtain the signatures of the
Mayor, and return it to the Department for entry. An executed copy will be returned to the
signatories.
Should you have any questions regarding this matter, please do not hesitate to contact out
office.
Enclosure
Sincerely,
Steven A. Milby
Commissioner
tu( 21��
UNBRIDLED SPIRl7
An Equal Opportunity Employer MiF/D
COMMONWEALTH OF KENTUCKY
DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION
101 SEA HERO ROAD, SUITE 100
FRANKFORT, KENTUCKY 40601-5405
Telephone: 502-573-0365
Fax: 502-573-1057
AGREEMENT WITH CITY OF PADUCAH GRANTING
ADDITIONAL RESPONSIBILITY PURSUANT TO KRS 198B.060(5)
WHEREAS, Chapter 198B of the Kentucky Revised Statutes creates a uniform
state building code within the boundaries of the Commonwealth and assigns specific
enforcement responsibilities to both the Department of Housing, Buildings and
Construction (hereinafter called "DHBC") and to local governments; and
WHEREAS, KRS Chapter 198B also provides that local governments may
undertake additional plan review responsibility and inspection responsibility upon the
approval of the Commissioner of DHBC; and
WHEREAS, the City of Paducah has extended, by Ordinance, the Kentucky
Building Code and the Kentucky Residential Code to cover all one and two family
dwellings. (A copy of the Ordinance is attached hereto as Exhibit A); and
WHEREAS, fees established by Ordinance pursuant to KRS 198B4O60(18) are
attached hereto as Exhibit B; and
WHEREAS, the City of Paducah has designated a Level III certified building
inspector and a certified electrical inspector to perform inspections within its jurisdiction
as required by 815 KAR 7:110. Said inspectors are identified in Exhibit C attached hereto
and incorporated by reference, which may be amended with the written consent of both
parties to this agreement.
SECTION I
The City of Paducah shall assume primary pian review, inspection and
enforcement responsibility under 815 KAR 7;120 Kentucky Building Code; the
International Building Code as adopted by reference therein; 815 KAR 7:125 Kentucky
Residential Code; the International Residential Code as adopted therein; and other
applicable law for the construction and alteration of buildings within the boundaries of its
jurisdiction as follows:
1. Multi -family residential occupancies, regardless of size or height;
2. Storage, factory, industrial, frozen food locker, miscellaneous and utility
occupancies, regardless of size or height;
3. Assembly, business, mercantile and church occupancies, regardless of size
or height;
4. Site installation of modular housing on its permanent site (detached single
family dwellings only);
5. All educational facilities except day care centers or other educational
facilities required to be licensed by the state; and
6. Detached single family dwellings.
SECTION it
All plumbing systems shall be inspected by the Department of Housing, Buildings
and Construction, Division of Plumbing.
SECTION III
Inspections of heating, ventilation, and air conditioning systems shall be as set
forth in the contract entered into January 19, 2011 between the Division of Heating,
Ventilation and Air Conditioning and the City of Paducah.
SECTION IV
All electrical systems (except as stated in Sections V and VI) shall be inspected by
certified electrical inspectors as identified in Exhibit C.
Page 2 of 4
SECTION V
DHBC shall retain plan review, inspection and enforcement responsibility under
the Kentucky Building Code within the City of Paducah for all buildings which are:
1. Institutional buildings;
2. Facilities required to be licensed by the Cabinet for Health and Family
Services, e.g., day care centers, hospitals, nursing homes, group homes or
other similar facilities,-
3.
acilities;
3. State owned or state leased buildings and facilities;
4. Buildings constructed upon state owned real property;
5. High hazard occupancies; and
6. Industrialized building systems (including modular homes) except for on-
site placement and assembly of modular homes.
SECTION V1
Local jails are subject to regulation by the Department of Corrections. Plan review,
inspection, and enforcement responsibility of local jails shall not be subject to this
agreement.
SECTION VII
It is further understood and agreed that continuation of this increased responsibility
by the City of Paducah is contingent upon continued supervision of the Building Code
Program by a Level III Certified Plans and Specifications Inspector or other qualified
persons approved, in writing, by DHBC. Field Inspectors shall be certified as Level II or
above. All inspectors shall maintain their certification in good standing. The City of
Page 3 of 4
Paducah shall advise DHBC of any changes to the program or inspectors employed or
under contract within thirty (30) days of effective change.
SECTION VIII
DHBC shall provide continuing education seminars for local building officials, plan
reviewers and inspectors and shall assist the local building department on a consulting
basis by providing code interpretation services, enforcement assistance service and
administrative review service.
SECTION IX
This agreement shall run for a term of three (3) years; however, it may be cancelled
as described in KRS 198B.060.
ENTERED this
CITY OF PADUCAH
1M
GAYLE KALER
MAYOR
day of
2016.
DEPARTMENT OF HOUSING, BUILDINGS
AND CONSTRUCTION
:'a
STEVEN A. MILBY
COMMISSIONER
Approved as to Form and Legality
TIM COCANOUGHER
GENERAL COUNSEL
Page 4 of 4