HomeMy WebLinkAboutCCMPacket2021-08-24CITY COMMISSION MEETING
AGENDA FOR AUGUST 24, 2021
5:00 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION Southside Rise & Shine Proclamation and Recognition of Community Partner Agencies
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for August 10, 2021
B.Receive & File Documents
C.Appointment of Troy Astin to the Board of Adjustment
D.Reappointment of Joseph Benberry and David Morrison to the Planning
Commission
E.Reappointment of Craig Beavers, Jeff Canter, Jennifer Frazier and Josh
Linville to the Paducah Main Street Board
F.Reappointment of Candice Griffin, Wayne Armbruster and Laura
Kauffman to the Civic Beautification Board
G.Personnel Actions
H.Approve FY2022 Contract For Services with Luther F. Carson Four
Rivers Center, Inc., in the amount of $45,000 - D JORDAN
I.Approve FY2022 Contract with Sprocket, Inc., in the amount of
$35,000 - D JORDAN
J.Fleet Maintenance Service Agreement between the City of Paducah
Fleet Department and Paducah Water - C YARBER
K.Accept CARES Act funding through the Department for Local
Government in the amount of $185,093.00 - D JORDAN
II. RESOLUTION(S)
A.Support for McCracken County's Submission of an Application for
Recertification as a Work Ready Community - Kevin J. O’Neill,
WKCTC
III. MUNICIPAL ORDER(S)
A.Approve Contract For Services FY2022 - Greater Paducah Economic
Development Council (GPEDC) in the amount of $250,000 - D
JORDAN
IV. ORDINANCE(S) - ADOPTION
A.Approve an Interlocal Cooperation Agreement with McCracken County
and Barkley Regional Airport Authority for Local Share Payment of the
Aiport Terminal Project - G BRAY
V. ORDINANCE(S) - INTRODUCTION
A.Conditional Use Text Amendment - J SOMMER
VI. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VII. EXECUTIVE SESSION
August 10, 2021
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, August 10, 2021, at
5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Bray
presided. Upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Gault, Henderson, Wilson and Mayor Bray (4). Commissioner Guess was absent.
INVOCATION:
Commissioner Henderson led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
NEW EMPLOYEE INTRODUCTIONS:
Jonathan Perkins introduced Finance Revenue Technician Angie Stanfield; Stefanie Suazo
introduced Human Resources Generalist McKenzie Huskey; Police Chief Brian Laird introduced
911 Telecommunicators Emilee Jones, Bryce Mansfield and Sycilia Titsworth.
MAYOR ’S REMARKS
Discussed a Declaration of Emergency that he will be signing later this evening.
PRESENTATION
Bruce Wilcox of Greater Paducah Economic Development gave an Economic Development update.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the
Consent Agenda.
I(A) Approve Minutes for July 27, 2021
I(B) Receive & File Documents:
Minutes:
1. Oath of Office – Daron E. Jordan – City Manager 08-02-2021
2. Oath of Office – Daron E. Jordan – Alcohol Beverage Administrator – 08-02-2021
Contract File:
1. Mutual Aid Agreement for Water Rescue with the City of Metropolis MO #2487
2. Commonwealth of Kentucky (CDBG)– Contract Modification with Pace Contracting,
LLC – Change Order for Pump Station #2 – ORD 2021-07-8694
3. Change Order for Pump Station #2 – Construction Contract with Pace Contracting, LLC
in the amount of $121,733.29 – ORD 2021-07-8694
Bids File:
1. Uniforms for Public Works, Engineering and Parks Department
August 10, 2021
a. Aramark Uniform Services (awarded bid - MO #2476)
b. Unifirst Corp.
Financials File:
1. Paducah Water Works – Month ended June 30, 2021
I(C) Personnel Actions
I(D)
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
CONTRACT WITH PAXTON PARK GOLF BOARD, d/b/a PAXTON PARK MUNICIPAL
GOLF COURSE, IN AN AMOUNT OF $85,000 FOR SPECIFIC SERVICES AND
AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS TO SAID BOARD
MO #2488; BK 12
Commissioner Gault offered Motion, seconded by Commissioner Henderson, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
MUNICIPAL ORDER
APPROVE MERGER OF THE WEST McCRACKEN WATER DISTRICT AND
PADUCAH WATER SYSTEMS
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER
APPROVING AND AUTHORIZING PADUCAH WATER WORKS MERGING WITH
THE WEST MCCRACKEN COUNTY WATER DISTRICT.”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
MO #2489; BK 12
COMMENTS
The Mayor allowed public comments before the vote on the MOU regarding the Athletic
Complex. Tammara Tracy made public comments regarding the Paducah-McCracken
County Athletic Complex Memorandum of Understanding.
APPROVE MEMORANDUM OF UNDERSTANDING WITH THE McCRACKEN
COUNTY FISCAL COURT & SPORTS TOURISM COMMISSION REGARDING
THE PADUCAH-McCRACKEN COUNTY ATHLETIC COMPLEX
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the
Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER OF
THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF MCCRACKEN
AND THE MCCRACKEN COUNTY SPORTS TOURISM COMMISSION REGARDING
August 10, 2021
FUNDING OF A PADUCAH-MCCRACKEN COUNTY ATHLETIC COMPLEX; AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
MO #2490; BK 12
APPROVE MEMORANDUM OF UNDERSTANDING WITH McCRACKEN
COUNTY FOR THE E-911 PARTNERSHIP FORMATION
Commissioner Gault offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER OF THE CITY OF
PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF MCCRACKEN REGARDING E-911
PARTNERSHIP FORMATION; AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS RELATED TO SAME”
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
MO #2491; BK 12
ORDINANCE ADOPTIONS
ZONING TEXT AMENDMENT FOR NEW LAND USES
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING CHAPTER 126 OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is summarized
as follows: This Ordinance amends Chapter 126 of the Code of Ordinances of the City of Paducah,
Kentucky, to define and permit cottage homes with certain requirements. These types of homes
could be a minimum of 140 square feet and would be permitted in the B-1 Convenience & Service
Zone and higher-intensity zones. Manufactured homes, mobile homes, campers, recreational
vehicles, storage buildings, shipping containers and/or sheds are not considered to be cottage
homes. Further, this amendment defines and allows short-term rentals and special event short-term
rentals which are rented less than 30 consecutive days in certain zones. This amendment also allows
for the construction of a single-family home on a smaller building lot than 8,000 square feet
provided setbacks are met and the floor-to-area ratio is not less than 10%; allows the outdoor sale of
food items, vegetables, fruits and garden implements; allows multi-family structure density to be
determined by the Kentucky Building Code in the B-1 Convenience & Service Zone and in higher-
intensity zones; allows seasonal fireworks tents in the B-3 General Business Zone and in higher-
intensity zones; and allows only commercial uses in the front 2/3 of the ground floor of buildings in
the H-1 Historic Commercial Zone.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
(ORD #2021-08-8697; BK 36)
ZONING TEXT AMENDMENT FOR MOBILE FOOD VEHICLES/FOOD TENTS
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the
Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING
August 10, 2021
CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
RELATED TO MOBILE FOOD VEHICLES.” This Ordinance is summarized as follows:
This ordinance amends Section 126-87 Mobile Food Vehicles of the Paducah Code of
Ordinances to define Food Tents in accordance with the Kentucky Building Code, allow
them as an exemption in the Highway Business District and provide specific guidance for
the regulation of Food Tents in the B-2 Downtown Business Zone and in higher-intensity
zones. This amendment allows Mobile Food Vehicles to operate closer than 100 feet to a
brick-and-mortar restaurant(s) with the specific written consent of said restaurant(s) and
removes the 14-day time period in which a mobile food vehicle must move. Further, Mobile
Food Vehicles are proposed to be located on Broadway between Water Street and North 7th
Street/ Clarence Gaines Street, 2nd Street and within 100’ of a residence if a generator is
utilized that is 72 decibels or less.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
(ORD #2021-08-8698; BK 36)
AMEND CHAPTER 46 OF THE PADUCAH CODE OF ORDINANCE TO CREATE
A MOBILE FOOD VEHICLE FIRE INSPECTION FEE
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE AMENDING
CHAPTER 46 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH TO
CREATE ARTICLE V RELATED TO MOBILE FOOD VEHICLE INSPECTIONS.” This
Ordinance is summarized as follows: This Ordinance creates Article V Mobile Food Vehicle
Inspections of Chapter 46 Fire Prevention & Protection of the Paducah Code of Ordinances
for the purpose of implementing a fee of $50.00 for each Mobile Food Vehicle inspection
performed by the Paducah Fire Prevention Division for City of Paducah Mobile Food
Vehicles. Further, this Ordinance authorizes and empowers the Paducah Fire Prevention
Division to perform inspections for Mobile Food Vehicles which operate outside of City
limits, but within McCracken County, as required by the McCracken County Fiscal Court.
Said inspections for McCracken County Mobile Food Vehicles shall be performed at a cost
of $50.00. Said inspections shall be valid for one (1) calendar year from the date of issuance
and subsequent renewal inspections shall be at a fee of $50 per inspection.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
(ORD #2021-08-8699; BK 36)
REMOTE WORKERS INCENTIVE PROGRAM
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the
Board of Commissioners adopt an Ordinance entitled: “AN ORDINANCE
ESTABLISHING THE REMOTE WORKERS INCENTIVE PROGRAM.” This Ordinance
is summarized as follows: The City of Paducah, Kentucky, hereby establishes the City
Remote Workers Incentive Program with certain conditions and/or requirements. In order to
be eligible to participate in the City Remote Workers Incentive Program, an
applicant/employee must be 21 years old or older; be a U.S. Citizen, lawful permanent
resident, or have other credentials necessary to work in the United States, live at least 100
miles outside the limits of the City of Paducah at the time of application for the City Remote
August 10, 2021
Workers Incentive Program, work full-time for a company in which all offices are located at
least 100 miles outside the limits of the City of Paducah, be able to perform a majority of
their employment duties remotely from a home office or co-working space located inside the
City of Paducah limits, acquire primary residency in the City of Paducah within three (3)
months of acceptance into the Program, agree to retain primary residence in the City of
Paducah for at least one (1) year beyond the initial twelve-month program; and not be a
participant in any other publicly-funded program/initiative. Individuals accepted into the
City Remote Workers Incentive Program may be eligible to receive up to $2,500.00
reimbursement for expenses associated with relocating to the City of Paducah; Up to $70.00
per month reimbursement for fees associated with provision of internet services for a period
of twelve (12) months; and waiver of City of Paducah payroll taxes for twelve (12) months.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
(ORD #2021-08-8700; BK 36)
ORDINANCE INTRODUCTION
APPROVE AN INTERLOCAL COOPERATION AGREEMENT WITH
McCRACKEN COUNTY AND BARKLEY REGIONAL AIRPORT AUTHORITY
FOR LOCAL SHARE PAYMENT OF THE AIRPORT TERMINAL PROJECT
Commissioner Gault offered motion, seconded by Commissioner Henderson, that the Board
of Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF MCCRACKEN AND THE BARKLEY REGIONAL
AIRPORT AUTHORITY REGARDING LOCAL SHARE PAYMENT OF THE AIRPORT
TERMINAL PROJECT IN AN ESTIMATED AMOUNT OF $5,800,000 TO BE FUNDING
EQUALLY BY THE CITY OF PADUCAH AND THE COUNTY OF MCCRACKEN; AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME.” This
Ordinance is summarized as follows: This Ordinance authorizes and approves an Interlocal
Cooperation Agreement by and between the City of Paducah, Kentucky, the County of McCracken
County, Kentucky and the Barkley Regional Airport Authority to set forth the portions of the Local
Share of the Barkley Regional Airport Terminal Project will be funded by the City and what portion
of the Local Share of the Terminal Project will be funded by the County. The Local Share is estimated
to be $5,800,000. The Interlocal Cooperation Agreement commits the City of Paducah to provide
funding to cover fifty (50%) of the Local Share. A final Local Share in excess of Six Million Dollars
($6,000,000.00) is subject to a full review of the Paducah City Commission and the McCracken
County Fiscal Court.
DISCUSSION
COMMUNITY POLICING UPDATE
Communications Manager Pam Spencer offered the following discussion summary:
Community Policing Update
August 10, 2021
Police Chief Brian Laird presented several graphs showing crime statistics in Paducah over the
past 20 years. Chief Laird said that Paducah remains a safe place to visit and live with overall
crime significantly reduced over the past two decades. To be proactive, the Paducah Police
Department focuses on several community policing efforts including the creation of a flex team that
focuses on areas with higher calls/crime, partnerships with the community and other policing
agencies, the creation of the School Resource Officer Program, and meetings with community faith
leaders.
COMMENTS
City Manager - City Manager Jordan expressed appreciation for the welcome he has received from
the community and from Team Paducah
EXECUTIVE SESSION
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topics:
Issues which might lead to the appointment, dismissal or disciplining
of an employee, as permitted by KRS 61.810(1)(f)
A specific proposal by a business entity where public discussion of
the subject matter would jeopardize the location, retention, expansion
or upgrading of a business entity, as permitted by KRS 61.810(1)(g)
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
RECONVENE INTO OPEN SESSION
Commissioner Gault offered motion, seconded by Mayor Bray that the Board of Commissioners
reconvene into open session.
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the
meeting of the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4).
TIME ADJOURNED: 7:45 p.m.
ADOPTED: August 24, 2021
______________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
August 24, 2021
RECEIVE AND FILE DOCUMENTS:
Minute File:
1. Letter to Barry Alberts, Weyland Ventures from Nic Hutchison regarding request to
extend date of closing and property transfer – Tract 1 – City Block Development Project.
2. Declaration of Local State of Emergency dated August 10, 2021 regarding COVID
Contract File:
1. Contract For Services – Paxton Park Golf Board d/b/a Paxton Park Municipal Golf
Course – MO #2488
2. Entertainment Destination Center Agreements – ORD 2021-04-8685
a) Maiden Alley Cinema
b) Doe’s Eat Place
c) Grill 211
d) Freight House
e) The Bully Gorilla
f) Over/Under
g) Tribeca Inc (d/b/a The 1857 Hotel)
Financials File:
1. Paducah Convention & Visitors Bureau – Financial Statement dated June 30, 2020
Bids
1. Paducah Floodwall Closure – ORD 2021-07-8695
a) Smith Construction
b) Coffee Construction
2. Flood Protection Flap Gate Replacement – ORD 2021-07-8696
a) Jim Smith Contracting
b) ICI Mechanical, Inc.
c) C. J. Mahan Construction Company
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Approve FY2022 Contract For Services with Luther F. Carson Four Rivers Center, Inc., in the
amount of $45,000 - D JORDAN
Category: Municipal Order
Staff Work By: Claudia Meeks, James Arndt
Presentation By: Daron Jordan
Background Information: For FY2022, it was decided that a Grant-In-Aid Application process would be
used to determine the level of funding for various organizations in the City of Paducah. The City went through
a grant application process, The Grant-In-Aid Committee reviewed the applications and then made a
recommendation to the City Manager, who, in turn, took the recommendation to the Board of
Commissioners. The FY2022 Budget was approved on June 22, 2021, by Ordinance No. 2021-06-
8692. The Board of Commissioners is now desirous of entering into a contract with the Luther F. Carson
Four Rivers Center, Inc., for FY2022 services in the amount of $45,000, payable by September 30, 2021.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: A2 - Recognize, promote and encourage creative industry
growth.
Communications Plan:
Funds Available:Account Name: Investment Fund
Account Number: 2400 0401 580610
Staff Recommendation: Approve FY2022 Contract For Services with Luther F. Carson Four Rivers Center,
Inc., and authorize Mayor Bray to execute same.
Attachments:
1.MO - contract for services – Carson Center FY2022
2.Contract For Services - Carson Center
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. IN THE
AMOUNT OF $45,000 FOR SPECIFIC SERVICES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with the
Luther F. Carson Four Rivers Center Inc. in the amount of $45,000, to be paid by September 30,
2021. This contract shall expire June 30, 2022. This funding will assist in three areas: (1) Carson
Center Comeback Season; (2) Arts Education For All – programming tailored to the needs of
schools, families, children, youth, young adults, and senior adults; and (3) Community
Engagement with Audiences and Artists through Creativity and Innovation, incorporating
programming such as Take Five Live From the Carson Center, Movies By Moonlight and Spotlight
on Students.
SECTION 2. This expenditure shall be charged to the Investment Fund, Account
No. 24000401-580610.
SECTION 3. This Municipal Order shall be effective from and after the date of
its adoption.
______________________________
GEORGE BRAY, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, August 24, 2021
Recorded by Lindsay Parish, City Clerk, August 24, 2021
\mo\contract for services – Carson Center FY2022
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Approve FY2022 Contract with Sprocket, Inc., in the amount of $35,000 - D JORDAN
Category: Municipal Order
Staff Work By: Claudia Meeks, James Arndt
Presentation By: Daron Jordan
Background Information: For FY2022 it was decided that a Grant-In-Aid Application process would be
used to determine the level of funding for various organizations in the City of Paducah. The City went through
a grant application process, The Grant-In-Aid Committee reviewed the applications and then made a
recommendation to the City Manager, who, in turn, took the recommendation to the Board of
Commissioners. The FY2022 budget was approved on June 22, 2021, by Ordinance No. 2021-06-8692, which
included funding for Sprocket.
The Board of Commissioners is now desirous of entering into a contract with Sprocket, Inc., for FY2022
services in the amount of $35,000.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: E1- Encourage and assist local business retention and
expansion
E7 - Recruit and incentivize the creation of new targeted industries
E8 - Cultivate local entrepreneurship and innovationes List
Communications Plan:
Funds Available:Account Name: Investment Fund
Account Number: 2400 0401 580810
Staff Recommendation: Approve the FY2022 Contract For Services with Sprocket in the amount of
$35,000 and authorize Mayor to execute same.
Attachments:
1.MO - contract-Sprocket FY22
2.Contract For Services - Sprocket
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH SPROCKET, INC. IN THE AMOUNT OF $35,000 FOR
ADMINISTRATIVE AND OPERATIONAL COSTS, INCLUDING PERSONNEL,
WHO CARRY OUT THE OBJECTIVES AND SERVICES OF SPROCKET
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract
with Sprocket, Inc. in the amount of $35,000 payable in one installment, due by
September 30, 2021, for administrative and operational costs. This contract shall expire
June 30, 2022.
SECTION 2. This expenditure shall be charged to the Investment Fund,
Account No. 24000401-580810
SECTION 3. This Municipal Order shall be effective from and after the
date of its adoption.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, August 24, 2021
Recorded by Lindsay Parish, City Clerk, August 24, 2021
\mo\contract-Sprocket FY22
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Fleet Maintenance Service Agreement between the City of Paducah Fleet Department and
Paducah Water - C YARBER
Category: Municipal Order
Staff Work By: Jim Scutt, Debbie Collins
Presentation By: Chris Yarber
Background Information: August 10, 2021, a Fleet Maintenance Service Agreement was entered into for
the City of Paducah Fleet Department to provide all professional labor, materials, equipment and operations
necessary for scheduled maintenance, upkeep, repair and preventative maintenance, pursuant to the fee
schedule for Paducah Water.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approve a Municipal Order for the Fleet Maintenance Service Agreement for City
of Paducah Fleet Department to provide all professional labor, materials, equipment and operations necessary
for scheduled maintenance, upkeep, repair and preventative maintenance, pursuant to the fee schedule for
Paducah Water.
Attachments:
1.MO - agree-fleet maintenance services – Paducah Water 2021
2.Paducah Water Service Agreement
3.Service Agreement labor rates
MUNICIPAL ORDER NO. __________
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE,
MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS SERVICE
AGREEMENT WITH PADUCAH WATER TO PROVIDE FLEET MAINTENANCE
SERVICES AT HOURLY RATES
WHEREAS, The City of Paducah wishes to enter into a Fleet Maintenance
Service Agreement with the Paducah Water for the City of Paducah Fleet Department to provide
fleet services at hourly rates.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Board of Commissioners hereby approves the City of
Paducah Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service
Agreement (hereinafter the “Agreement”) with the Paducah Water in substantially the form
attached hereto and made part hereof (Exhibit A) and ratifies the Mayor’s signature.
SECTION 2. That the hourly labor rates are as follows:
Shop Hourly Labor Rate
Heavy Truck $95 per hour
Heavy Equipment $95 per hour
Passenger Vehicle $85 per hour
Light Truck $85 per hour
Small Engine $75 per hour
SECTION 3. That the initial term of the 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 the Agreement upon
60 day’s written notice in accordance with Paragraph 7 of the Agreement. In addition, the City
of Paducah may terminate the Agreement with cause upon thirty days’ written notice for non-
payment of fees.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________________
George Bray, Mayor
ATTEST:
__________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, August 24, 2021
Adopted by the Board of Commissioners, August 24, 2021
mo/agree-fleet maintenance services – Paducah Water 2021
EXHIBIT “A”
CITY OF PADUCAH FLEET MAINTENANCE,
MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS
SERVICE AGREEMENT
This Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service
Agreement (hereinafter “Agreement”) is made and entered into by and between the City of
Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and
__________________________ (hereinafter “Customer”).
1. SERVICES. Paducah agrees to provide all professional labor, materials, equipment, and
operations necessary for scheduled maintenance, upkeep, repair and preventive maintenance,
pursuant to the Fee Schedule attached hereto. The Fee Schedule will be updated on January
1st of each applicable year.
2. HOURS OF OPERATION. Normal operations are Monday through Friday from 6:30 a.m.
until 3:00 p.m., with the exception of holidays. Repairs made outside regular operating hours
will be performed at one and one half times the regular hourly fee.
3. WARRANTY OF WORKMANSHIP. Paducah will warrant its workmanship on repairs
for a period of 30 days following completion of work.
4. TOWING. Customer will be responsible for towing any vehicles to the Department.
5. WORK AUTHORIZATION. Paducah is authorized to perform work on any equipment in
which the fee is less than $1,000. Any service or repair exceeding $1,000 shall require prior
written authorization from Customer’s authorized representative.
6. TERM. This Agreement shall become effective on the date signed and be in effect for one
year. Thereafter, the Agreement shall automatically renew unless terminated as specified in
Paragraph 7.
7. 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 for non-payment of fees.
8. PAYMENT. Paducah shall send monthly invoices to Customer with a due date of thirty (30)
days. After sixty (60) days of non-payment, this Agreement shall be subject to Termination
for Cause.
9. AUTHORIZED REPRESENTATIVE. Customer’s authorized representative is
_____________.
10. INSURANCE. Customer shall maintain general and auto liability insurance 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. Customer hereby
waives any claim against Paducah for any physical damage to its vehicle(s) while in
Paducah’s custody and control.
11. INDEMNIFICATION. Customer shall indemnify, hold harmless, and defend Paducah
from and against any and all claims resulting or arising from Paducah’s performance, or
failure to perform, under this Agreement.
CITY OF PADUCAH CUSTOMER
By: __________________ By: ______________________
Title: Mayor Title: _____________________
Date: __________________ Date: _____________________
246362
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Accept CARES Act funding through the Department for Local Government in the amount of
$185,093.00 - D JORDAN
Category: Municipal Order
Staff Work By: Melanie Townsend
Presentation By: Daron Jordan
Background Information: Summary: The City of Paducah has been awarded an additional round of
CARES Corona Relief Funding (CRF) in the amount of $185,093.00 for reimbursement of COVID-related
costs.
Background: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the
Coronavirus Relief Fund. The City of Paducah received $1,786,875.00 in Round 1 funding and $559,821.00 in
Round 2 funding.
The City of Paducah will request reimbursement for payroll expenses for police officers and firefighters
beginning September 18, 2021 for the full amount.
No local match is required. These funds will be directed back to the General Fund (G/F). These funds are not
for a future project.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct the Mayor to execute all required grant documents.
Attachments:
1.MO - CARES Act Coronavirus Grant Funding – PD & Fire Salaries Round 3 2021
2.Paducah CARES ACT Memorandum of Understanding_Rnd 3
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ACCEPT
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES" ACT)
FUNDING THROUGH THE DEPARTMENT OF LOCAL GOVERNMENT IN THE
AMOUNT OF $185,093 FOR REIMBURSEMENTS FOR THE SALARIES OF POLICE
OFFICERS AND FIREFIGHTERS AND AUTHORIZING THE EXECUTION ALL
DOCUMENTS RELATED TO SAME
WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) established the Coronavirus Relief Fund; and
WHEREAS, the City of Paducah received $1,786,875.00 in Round 1 funding and
$559,821.00 in Round 2 funding; and
WHEREAS, the City of Paducah has been awarded an additional round of
CARES Act funding in the amount of $185,093.00 for reimbursement of COVID-related costs.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute all documents necessary
to accept Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act) funds in the
amount of $185,093 for reimbursements of the salaries of Paducah Police Officers and
Firefighters. No local cash or in-kind match is required.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
____________________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, _____________________
Recorded by Lindsay Parish, City Clerk, _________________________
\mo\grants\award - CARES Act Coronavirus Grant Funding – PD & Fire Salaries Round 3 2021
CCOLE@PADUCAHKY.GOV
GRANT INFORMATION AND IDENTIFICATION
Project Number: C3-130
Local Government: City of Paducah
Project Name: City of Paducah CRF Reimbursement
Federal Agency: U.S. Department of the Treasury
CFDA Title: Coronavirus Relief Fund for States
CFDA Number: 21:019
Award Year: 2020
Document Description Page 2
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
Memorandum of Agreement Terms and Conditions
This Memorandum of Agreement (MOA) is entered into, by and between the
Commonwealth of Kentucky, Office of the Governor, Department for Local Government,
Office of Federal Grants (“the Commonwealth”) and City of Paducah (“the Contractor”) to
establish an agreement for the City of Paducah CRF Reimbursement Project. The initial
MOA is effective from September 18, 2021 through December 30, 2021.
Scope of Services: Reimbursements for expenses incurred during the COVID 19
pandemic.
WHEREAS, the United States Congress enacted the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act; P.L. 116-136), which provides assistance to state
and local governments; and
WHEREAS, Section 5001(d) of the CARES Act provides the eligible purposes for which
Coronavirus Relief Fund (CRF) payments may be used; specifically, allowing state and
local governments to make payments for programs that 1) are necessary expenditures
incurred due to the public health emergency with respect to Coronavirus Disease 2019
(COVID-19); 2) were not accounted for in the budget most recently approved as of the date
of enactment [March 27, 2020] of this section for the Commonwealth or local government;
and 3) were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2021.
WHEREAS, the Commonwealth has been duly designated to administer the grant funds
for the Project; and
WHEREAS, the Contractor has submitted an application for CRF grant funds, and
WHEREAS, the Contractor will be the administrator and beneficiary of the grant money
from the Commonwealth for the Project as provided the CARES Act under the terms and
Document Description Page 3
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
conditions enumerated herein and has further agreed to effectuate the completion of the
Project in accordance with those terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants, commitments, and
conditions contained herein, the Commonwealth and the Contractor agree as follows:
1. Obligations of the Commonwealth
The Commonwealth agrees, conditioned upon the timely performance by the Contractor
of its obligations herein, to undertake the following obligations:
A. The Commonwealth may, but is not required to, make periodic inspections of the Project
and may send inspection reports to the Contractor. Deficiencies identified in an inspection
report shall be corrected by the Contractor and their correction reported in writing to the
Commonwealth within two weeks of receipt of the inspection report.
B. The Commonwealth will cooperate fully with the Contractor in order to facilitate the
obligations set out in this memorandum.
C. The Commonwealth shall close out the Project upon satisfactory completion of the
Project by the Contractor in accordance with the terms and conditions of this MOA and
submission of an acceptable project completion report in the form prescribed by the
Commonwealth.
2. Obligations of the Contractor
The Contractor agrees to undertake the following obligations:
A. The Contractor shall perform or cause to be performed all necessary acts to plan,
design and complete the Project in accordance with the attached Scope of Work, which
is hereby incorporated herein and made a part of this MOA.
B. The Contractor shall obtain all necessary permits, licenses, and approvals required for
completion of the Project from the appropriate governmental entities.
C. The Contractor shall comply with all applicable federal and state statutes, executive
orders, regulatory requirements, and policies.
D. The Contractor shall use its own procurement procedures that are compliant with all
applicable state and local laws for all purchases of goods or services related to the Project.
Document Description Page 4
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
E. The Contractor shall submit all Requests for Disbursement on the prescribed forms
of the Commonwealth, including copies of paid invoices, cancelled checks and/or bank
statements documenting the proper expenditure of funds for reimbursement.
F. Beginning upon the effective date of this MOA and regardless of whether any funds
have been drawn, the Contractor shall submit quarterly progress reports and a project
completion report when the project is final to the Commonwealth in the form prescribed
by the Commonwealth until the Project is deemed closed by the Commonwealth. Failure
to submit or fully complete any required report will place the Contractor in noncompliance
status, at which time the Commonwealth will suspend the release of additional funds until
the appropriate documentation has been submitted.
G. The Contractor shall retain all records relating to the Project until the records are
audited by the Commonwealth, or for no less than five (5) years after the Project has been
closed by the Commonwealth, whichever occurs first.
H. A copy of the resolution by the Contractor’s governing body authorizing the execution of
this MOA is attached, which is incorporated into this MOA as though set forth fully herein.
I. The Contractor shall cooperate fully with the Commonwealth and provide any
documentation requested by the Commonwealth in order to facilitate the obligations set
out in this MOA.
J. The Contractor shall be responsible for the expenditure of funds in accordance with
the CARES Act and all other applicable laws. Any unauthorized or improper expenditure
of funds, or expenditure of funds other than in accordance with the terms of this MOA
shall be deemed a default of this MOA by the Contractor. The Contractor shall repay the
Commonwealth all funds that are not spent in accordance with this MOA and applicable
laws.
K. All Contractors, with the exception of Cities with a population of less than one thousand
(1,000) people, or which receives and expends less than seventy-five thousand dollars
($75,000) per fiscal year and has no long term debt, covered by KRS 91A.040(2) and (3),
respectively, and Districts covered by KRS 65.065(2) or KRS 65A.010 to 65A.090, are
subject to an independent annual audit conducted in accordance with generally accepted
auditing standards, Government Auditing Standards, issued by the Comptroller General
of the United States, the provisions of Office of Management and Budget Circular A-133,
“Audits of State and Local Governments,” if applicable, and the Audit Guide for Fiscal
Court Audits issued by the Kentucky Auditor of Public Accounts. The audit report shall
include a certification that the funds were expended for the purpose intended. A copy of
the audit and certification of compliance shall be forwarded to the Commonwealth, Office
Document Description Page 5
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
of Federal Grants, no later than 18 months after the end of each fiscal year in which funds
were received by a Contractor.
Those Cities and Districts referenced above shall be required to submit a copy of their
financial statement, when applicable, to the Commonwealth, Office of Federal Grants, no
later than 18 months after the end of each fiscal year in which funds were received by a
Contractor. Where a financial statement is not applicable, pursuant to the relevant statute,
an audit shall be required.
3. Mutuality of Obligations
A. The parties agree that the obligations imposed upon them are for the benefit of the
parties and the timely fulfillment of each and every obligation in accordance with this MOA
is necessary. The failure of the Contractor to fulfill its obligations under this MOA or the
failure of any event to occur by a date established by this MOA shall constitute a breach
of the MOA unless the obligation is waived or modified by written MOA of the parties.
B. In the event of default by the Contractor, including the failure to meet any time deadlines
set out in this memorandum, the Commonwealth may declare this MOA void from its date
of execution without further obligation to the Contractor and may commence appropriate
legal or equitable action to enforce its rights under this MOA including action for recovery
of funds expended hereunder.
C. Except as may otherwise be provided herein, the parties to this MOA shall be
solely responsible for any costs incurred in fulfilling their obligations under this MOA. If
any legal action or other proceeding is successfully brought by the Commonwealth to
enforcement this MOA, then the Commonwealth shall be entitled to recover from the
Contractor, reasonable attorneys' fees, court costs and all expenses incurred in that action
or proceeding, in addition to any other relief to which the Commonwealth may be entitled.
4. Miscellaneous Provisions
A. This MOA may be signed by each party upon a separate copy, and in such case one
counterpart of this MOA shall consist of a sufficient number of such copies to reflect the
signature of each party hereto. This MOA may be executed in two or more counterparts
each of which shall be deemed an original, and it shall not be necessary in making proof
of this MOA or the terms and conditions hereof to produce or account for more than one
of such counterparts.
B. The headings set forth in this MOA are for convenience or reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this MOA.
Document Description Page 6
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
C. The terms and conditions of this MOA shall be binding upon and shall inure to the
benefit of the successors and assigns, respectively, of the parties. This provision shall
not be construed to permit assignment by any party of any of its rights and duties under
this MOA which assignment shall be prohibited except with the prior written consent of
all parties hereto.
D. This MOA sets forth the entire understanding of the parties with respect to the subject
matter hereof, supersedes all existing MOAs among them concerning the subject matter
hereof, and may be modified only by a written instrument duly executed by each of the
parties hereto.
E. Performance of each of the terms and conditions of this MOA shall be carried out in
a timely manner.
F. The parties agree that any suit, action, or proceeding with respect to this MOA may
only be brought in or entered by, as the case may be, the courts of the Commonwealth
of Kentucky situated in Frankfort, Franklin County, Kentucky or the United States District
Court for the Eastern District of Kentucky, Frankfort Division.
All notices, requests, demands, waivers, and other communications given as provided in
this MOA shall be in writing, and shall be addressed as follows:
If to the Commonwealth:
Department for Local Government
Office of Federal Grants
100 Airport Road, 3rd FloorFrankfort, KY 40601
If to the Contractor:
The Honorable
Mayor, City of Paducah
300 South 5th St.Paducah, Kentucky 42002-2267
G.The Commonwealth may audit or review all documentation and records of the
Contractor relating to this project pursuant to the provisions of KRS 45A.150.
Document Description Page 7
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
H. The parties agree that this MOA is not entered into under the provisions of KRS 56.8161
et seq.
Pricing:
The Commonwealth shall, subject to the availability of appropriate funds, pay the
Contractor a sum not to exceed $185,093.00 in accordance with the submission of a
Request for Disbursement form, as prescribed by the Commonwealth.
Document Description Page 8
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
Memorandum of Agreement Standard Terms and Conditions
Revised December 2019
1.00 Effective Date:
All Memorandum of Agreements are not effective until the Secretary of the Finance and
Administration Cabinet or his authorized designee has approved the agreement and
until the agreement has been submitted to the government contract review committee.
However, in accordance with KRS 45A.700, memoranda of agreement in aggregate
amounts of $50,000 or less are exempt from review by the committee and need only be
filed with the committee within 30 days of their effective date for informational purposes.
KRS 45A.695(7) provides that payments on personal service contracts and memoranda
of agreement 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.
2.00 EEO Requirements
The Equal Employment Opportunity Act of 1978 applies to All State government projects
with an estimated value exceeding $500,000. The contractor shall comply with all terms
and conditions of the Act.
3.00 Cancellation clause:
Both parties shall have the right to terminate and cancel this contract at any time not to
exceed thirty (30) days' written notice served on the other party by registered or certified
mail.
.
4.00 Funding Out Provision:
The state agency may terminate this agreement if funds are not appropriated to the
contracting agency or are not otherwise available for the purpose of making payments
without incurring any obligation for payment after the date of termination, regardless of the
terms of the agreement. The state agency shall provide the Contractor thirty (30) calendar
day’s written notice of termination of the agreement due to lack of available funding.
5.00 Reduction in Contract Worker Hours:
The Kentucky General Assembly may allow for a reduction in contract worker hours in
conjunction with a budget balancing measure for some professional and non-professional
Document Description Page 9
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
service contracts. If under such authority the agency is required by Executive Order or
otherwise to reduce contract hours, the agreement will be reduced by the amount specified
in that document. If the contract funding is reduced, then the scope of work related to the
contract may also be reduced commensurate with the reduction in funding. This reduction
of the scope shall be agreeable to both parties and shall not be considered a breach of
contract.
6.00 Access to Records:
The state agency certifies that it is in compliance with the provisions of KRS 45A.695,
"Access to contractor's books, documents, papers, records, or other evidence directly
pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees
that the contracting agency, the Finance and Administration Cabinet, the Auditor of
Public Accounts, and the Legislative Research Commission, or their duly authorized
representatives, shall have access to any books, documents, papers, records, or other
evidence, which are directly pertinent to this agreement for the purpose of financial audit
or program review. The Contractor also recognizes that any books, documents, papers,
records, or other evidence, received during a financial audit or program review shall be
subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other
prequalification information confidentially disclosed as part of the bid process shall not be
deemed as directly pertinent to the agreement and shall be exempt from disclosure as
provided in KRS 61.878(1)(c).
7.00 Violation of tax and employment laws:
KRS 45A.485 requires the Contractor and all subcontractors performing work under the
agreement to reveal to the Commonwealth, prior to the award of a contract, any final
determination of a violation by the Contractor within the previous five (5) year period of
the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes
relate to corporate and utility tax, sales and use tax, income tax, wages and hours
laws, occupational safety and health laws, unemployment insurance laws, and workers
compensation insurance laws, respectively.
To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors
performing work under the agreement shall report any such final determination(s) of
violation(s) to the Commonwealth by providing the following information regarding the
final determination(s): the KRS violated, the date of the final determination, and the state
agency which issued the final determination.
KRS 45A.485 also provides that, for the duration of any contract, the Contractor and all
subcontractors performing work under the agreement shall be in continuous compliance
Document Description Page 10
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
with the provisions of those statutes, which apply to their operations, and that their failure
to reveal a final determination as described above, or failure to comply with the above
statutes for the duration of the agreement shall be grounds for the Commonwealth's
cancellation of the agreement and their disqualification from eligibility for future state
contracts for a period of two (2) years.
[Check box section below need only be included for Contractors that are quasi-
governmental entities or 501(c)3 non-profit entities.]
Contractor must check one:
_____ The Contractor has not violated any of the provisions of the above statutes within
the previous five (5) year period.
______ The Contractor has violated the provisions of one or more of the above statutes
within the previous five (5) year period and has revealed such final determination(s)
of violation(s). Attached is a list of such determination(s), which includes the KRS
violated, the date of the final determination, and the state agency which issued the final
determination.
8.00 Discrimination:
This section applies only to agreements disbursing federal funds, in whole or part, when
the terms for receiving those funds mandate its inclusion. Discrimination (because of race,
religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is
prohibited. During the performance of this agreement, the Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sex, sexual orientation, gender identity
or age. The Contractor further agrees to comply with the provisions of the Americans
with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations
relating thereto prohibiting discrimination against otherwise qualified disabled individuals
under any program or activity. The Contractor agrees to provide, upon request, needed
reasonable accommodations. The Contractor will take affirmative action to ensure that
applicants are employed and that employees are treated during employment without
regard to their race, religion, color, national origin, sex, sexual orientation, gender
identity, age or disability. Such action shall include, but not be limited to the following;
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensations; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
Document Description Page 11
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
available to employees and applicants for employment, notices setting forth the provisions
of this non-discrimination clause.
In all solicitations or advertisements for employees placed by or on behalf of the
Contractor, the Contractor will, state that all qualified applicants will receive consideration
for employment without regard to race, religion, color, national origin, sex, sexual
orientation, gender identity, age or disability.
The Contractor will send to each labor union or representative of workers with which he/
she has a collective bargaining agreement or other contract or understanding, a notice
advising the said labor union or workers' representative of the Contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as
a means of enforcing such provisions, including sanctions for noncompliance.
The Contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary
of Labor.
The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, as amended, and by the rules, regulations and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
agreement or with any of the said rules, regulations or orders, this agreement may be
cancelled, terminated or suspended in whole or in part and the Contractor may be declared
ineligible for further government contracts or federally-assisted construction contracts in
accordance with procedures authorized in Executive Order No. 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and remedies invoked as
provided in or as otherwise provided by law.
The Contractor will include the provisions of paragraphs (1) through (7) of section 202
of Executive Order 11246 in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of
Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action
Document Description Page 12
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the agency,
the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
Document Description Page 13
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
Approvals
This contract is subject to the terms and conditions stated herein. By affixing signatures below, the parties
verify that they are authorized to enter into this contract and that they accept and consent to be bound
by the terms and conditions stated herein. In addition, the parties agree that (i) electronic approvals may
serve as electronic signatures, and (ii) this contract may be executed in any number of counterparts, each
of which when executed and delivered shall constitute a duplicate original, but all counterparts together
shall constitute a single contract.
Commonwealth of Kentucky:
Commissioner
Department For Local Government
Signature Title
Dennis Keene
Printed Name Date
City of Paducah:
Mayor, City of Paducah
Signature Title
Printed Name Date
Approved as to form and legality:
City of Paducah Counsel
Signature Title
Printed Name Date
Legal Counsel
Department For Local Government
Signature Title
Printed Name Date
Document Description Page 14
2200000597 COVID 19 Relief Fund C3-130 City of Paducah
RESOLUTION
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY SUPPORTING THE SUBMISSION OF AN APPLICATION FOR
RECERTIFICATION AS A WORK READY COMMUNITY IN THE KENTUCKY WORKFORCE
INVESTMENT BOARD’S WORK READY COMMUNITIES INITIATIVE
WHEREAS, the Paducah Board of Commissioners adopted a Resolution in August of
2015 in support of the submission of an application to become a Kentucky Work Ready Community;
and
WHEREAS, McCracken County earned the certification as a Work Ready Community in
2015 and is time now to be re-certified; and
WHEREAS, the Paducah Board of Commissioners would like to recognize and show
support for the submission of a recertification application to participate in the Kentucky Work Ready
Communities initiative, in order to differentiate our community and help Kentucky compete and attract
jobs now and in the future; and
WHEREAS, the Paducah Board of Commissioners intends that this resolution be
included as part of the documentation submitted with the McCracken County Work Ready Communities
application; and
WHEREAS, designation as a Work Ready Community would help McCracken County to
be able to identify skills gaps in its workforce and quantify the level of skill within the workforce; and
WHEREAS, the Paducah Board of Commissioners recognizes the importance of a skilled
workforce within McCracken County for the economic life of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the findings set out in the preamble to this resolution are hereby in all
things approved and adopted.
SECTION 2. That the Paducah Board of Commissioners hereby supports the submission
of an application for recertification as a Kentucky Work Ready Community.
SECTION 3. That this resolution shall be effective immediately from and after its
passage.
__________________________________________
George Bray, Mayor
ATTEST:
_____________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, _______________________________
Recorded by Lindsay Parish, City Clerk, _________________________
\resoln\work ready community 2021
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Approve Contract For Services FY2022 - Greater Paducah Economic Development Council
(GPEDC) in the amount of $250,000 - D JORDAN
Category: Municipal Order
Staff Work By: Claudia Meeks, James Arndt
Presentation By: Daron Jordan
Background Information: As part of the Investment Fund Decision, the City of Paducah wishes to contract
with GPEDC to perform duties including promoting investment and economic development in the Paducah
area. Said contract shall be in the amount of $250,000, and will be paid in quarterly installments. The FY2022
Budget was approved on June 22, 2021, by ORD 2021-06-8692.
When the City provides funds to any organization, we prepare a simple Contract For Services agreement
that describes the public services the organization will provide as a result of receiving the city funds.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: E-7 Recruit and incentivize the creation of new targeted
industries
Communications Plan:
Funds Available:Account Name: Investment Fund
Account Number: 2400 0401 580800
Staff Recommendation: Approve FY2022 Contract For Services with GPEDC in the amount of $250,000
and authorize Mayor to execute same.
Attachments:
1.Contract For Services - GPEDC
2.MO - contract-GPEDC FY22
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC
DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC SERVICES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with
Greater Paducah Economic Development Council in the amount of $250,000, to be paid in equal
quarterly allocations of $62,500, for performance of services as outlined in said Contract. This
contract shall become effective July 1, 2021 and expire June 30, 2022.
SECTION 2. This expenditure will be charged to the Investment Fund, Account
Number 24000401-580800.
SECTION 3. This Municipal Order shall be effective from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, August 24, 2021
Recorded by Lindsay Parish, City Clerk, August 24, 2021
\mo\contract-GPEDC FY22
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Approve an Interlocal Cooperation Agreement with McCracken County and Barkley Regional
Airport Authority for Local Share Payment of the Aiport Terminal Project - G BRAY
Category: Ordinance
Staff Work By:
Presentation By:
Background Information: This Ordinance authorizes an Interlocal Cooperation Agreement between the
City of Paducah, McCracken County and the Barkley Regional Airport Authority regarding the Local Share
Payment for the Airport Terminal Project. The Airport has undertaken a project to build and construct a new
terminal (including design and construction of a sanitation sewer system) at the airport located at 2901 Fisher
Road, West Paducah, Kentucky 42086. The Terminal Project is estimated to cost Forty-Two Million Dollars
$42,000,000.00 in total. The Airport has received and obtained commitments from the Federal Aviation
Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other federal, state, and local
resources to provide funding for approximately eighty-seven percent (87%) of the Total Estimated Cost of the
Terminal Project.
The City and the County desire to provide resources and funding for any portion of the Terminal Project not
funded by the FAA, the KDA, and other federal state, and local resources. This Interlocal Agreement allows
the City, County, and the Airport set forth and clearly understand what portion of the Local Share of the
Terminal Project will be funded by the City and what portion of the Local Share of the Terminal Project will be
funded by the County. The Local Share of the Terminal Project is estimated at $5,800,000 which will be split
evenly between the City and the County. The total amount of the Local Share is only an estimate and may be
higher or lower than the estimate set forth in the Interlocal Cooperation Agreement. Funding for this project
will be provided by the2020A GOB Bond proceeds.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 2020A GOB Bond Proceeds
Account Number:
Staff Recommendation:
Attachments:
1.Interlocal Agree – Barkley Regional Airport Terminal Project 2021
ORDINANCE NO. 2021-_____-__________
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH
THE COUNTY OF MCCRACKEN AND THE BARKLEY REGIONAL
AIRPORT AUTHORITY REGARDING LOCAL SHARE PAYMENT OF THE
AIRPORT TERMINAL PROJECT IN AN ESTIMATED AMOUNT OF
$5,800,000 TO BE FUNDING EQUALLY BY THE CITY OF PADUCAH AND
THE COUNTY OF MCCRACKEN; AND AUTHORIZING THE EXECUTION
OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, the Airport is a local air board established by the City and the County and
duly organized and operating under the laws of the Commonwealth of Kentucky as set forth in
KRS 183.132, et seq.; and
WHEREAS, the Airport has, with the encouragement and support of the City and
County, undertaken a project to build and construct a new terminal (including design and
construction of a sanitation sewer system) at the airport located at 2901 Fisher Road, West
Paducah, Kentucky 42086 (the “Terminal Project”); and
WHEREAS, the Terminal Project is estimated to cost Forty-Two Million Dollars
($42,000,000.00) (the “Total Estimated Cost”); and
WHEREAS, the Airport has received and obtained commitments from the Federal
Aviation Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other
federal, state, and local resources to provide funding for approximately eighty-seven percent (87%)
of the Total Estimated Cost of the Terminal Project; and
WHEREAS, the City and the County desire for the Airport to proceed with and complete
the Terminal Project and recognize that doing so will be a benefit to Paducah, McCracken County,
and western Kentucky; and
WHEREAS, the City and County desire to provide resources and funding for any portion
of the Terminal Project not funded by the FAA, the KDA, and other federal state, and local
resources (the “Local Share”); and
WHEREAS, the City, County, and the Airport desire to enter into this Agreement
in order to set forth and clearly understand what portion of the Local Share of the Terminal Project
will be funded by the City and what portion of the Local Share of the Terminal Project will be
funded by the County;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby authorizes and
approves an Interlocal Cooperation Agreement (the “Agreement”) by and between the City of
Paducah, Kentucky (the “City”), the County of McCracken County, Kentucky (the “County”), and
the Barkley Regional Airport Authority (the “Airport”) in substantially the same form attached
hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to
execute the Agreement and all documents relating to same with such changes in the agreements
not inconsistent with this Ordinance and not substantially adverse to the City as may be approved
by the official executing the same on behalf of the City.
SECTION 2. Compliance With Open Meetings Laws. 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 3. 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 4. Severability. The provisions of this Ordinance are declared to be
severable. If any section, phrase or provision shall for any reason be declared invalid, such
declaration shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
_________________________________
George Bray, Mayor
Attest:
___________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _______________________
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, ________________________
Published by The Paducah Sun, ______________________________
\ord\Interlocal Agree – Barkley Regional Airport Terminal Project 2021
Exhibit A
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT (the “Agreement”) is made,
entered into, and is effective on this the _____ day of ________, 2021, by and between the City of
Paducah, Kentucky (the “City”), the County of McCracken County, Kentucky (the “County”), and
the Barkley Regional Airport Authority (the “Airport”).
RECITALS
WHEREAS, the Airport is a local air board established by the City and the County and
duly organized and operating under the laws of the Commonwealth of Kentucky as set forth in
KRS 183.132, et seq.;
WHEREAS, the Airport has, with the encouragement and support of the City and County,
undertaken a project to construct a new terminal at the airport located at 2901 Fisher Road, West
Paducah, Kentucky 42086 (the “Terminal Project”);
WHEREAS, the Terminal Project is estimated to cost Forty-Two Million Dollars
($42,000,000.00) (the “Total Estimated Cost”);
WHEREAS, the Airport has received and obtained commitments from the Federal
Aviation Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other
federal, state, and local resources to provide funding for approximately eighty-seven percent (87%)
of the Total Estimated Cost of the Terminal Project;
WHEREAS, the City and the County desire for the Airport to proceed with and complete
the Terminal Project and recognize that doing so will be a benefit to Paducah, McCracken County,
and western Kentucky;
WHEREAS, the City and County desire to provide resources and funding for any portion
of the Terminal Project not funded by the FAA, the KDA, and other federal state, and local
resources (the “Local Share”);
WHEREAS, the City, County, and the Airport desire to enter into this Agreement in order
to set forth and clearly understand what portion of the Local Share of the Terminal Project will be
funded by the City and what portion of the Local Share of the Terminal Project will be funded by
the County;
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein, the Airport, the City, and the County agree as follows:
ARTICLE I: ESTIMATE OF LOCAL SHARE
1.1. As of the date of this Agreement, the Airport estimates that the Local Share of the
Terminal Project will be Five Million Eight Hundred Thousand Dollars ($5,800,000.00). A more
precise estimate of the amount and value of the Local Share will be known by the Airport when
bids for certain packages of the Terminal Project are received and opened by the Airport. When
bids are awarded, the Airport will complete and provide Exhibit A to this Agreement to the City
and County in order to appraise them of the more precise total amount of the Local Share. A final
Local Share in excess of Six Million Dollars ($6,000,000.00) is subject to a full review of the
Paducah City Commission and the McCracken County Fiscal Court.
1.2. The City and County acknowledge, understand, and agree that the total amount of
the Local Share set forth in Article 1.1 is only an estimate and that the Local Share may be higher
or lower than the estimate in Article 1.1. Regardless of whether the actual amount of the Local
Share is higher or lower than the estimate in Article 1.1, the City and County are committed to and
will provide the Airport with funding sufficient to cover the Local Share in accordance with the
terms of this Agreement.
ARTICLE II: DIVISION OF LOCAL SHARE BETWEEN CITY AND COUNTY
2.1. Responsibility for paying the Local Share of the Terminal Project shall be split equally between
the City and the County. That is, in accordance with the terms of this Agreement, the City and the
County are each, individually, committing and agreeing to provide funds sufficient to cover fifty
percent (50%) of the of the Local Share of the Terminal Project.
ARTICLE III: DISBURSEMENT OF THE LOCAL SHARE
3.1. Under the terms of this Agreement, neither the City nor the County are required to advance or
provide the entire amount of the Local Share to the Airport at any one time or on a date certain.
Rather, the City and the County are permitted and will disburse portions of their amount of the
Local Share in accordance with this Article 3.
3.2. As the Airport proceeds with the Terminal Project and receives invoices and
demands for payment for items on the Terminal Project that are to be paid for, funded, and covered
by the Local Share, the Airport shall present those to the City and County for payment. For the
City, the Airport shall present the invoices and items for payment for the Local Share to the Mayor
and City Manager. For the County, the Airport shall present the invoices and items for payment
from the Local Share to the County Judge Executive and the Deputy Judge Executive.
3.3. Within five (5) business days of receipt of an invoice or demand for payment from
the Airport, the City and the County shall deposit their share of such invoice into an account
designated by the Airport. Upon deposit of those funds, the Airport will be responsible for paying
the invoice or demand for payment and the City and County will be relieved of any further
obligation with respect to that invoice or demand for payment.
ARTICLE IV: PROVISION REQUIRED BY THE INTERLOCAL
COOPERATION ACT
4.1. The Interlocal Cooperation Act, KRS 65.250, et seq. (the “Act”) requires this Agreement to contain
certain specific provisions. The provision required by the Act are set forth in this Article 4.
4.2. The purpose of this Agreement is to allow the Airport to secure funding from the
City and the County for the Local Share of the Terminal Project and to set forth the City and the
County’s obligations with respect to payment of the Local Share.
4.3. This Agreement shall remain in force and effect and its duration shall last until the
Terminal Project is complete. This Agreement may not be terminated while the Terminal Project
is ongoing.
4.4. The Executive Director of the Airport, or his designee, shall serve as the
administrator of this Agreement and shall be responsible for the administration and oversight of
the joint and cooperative undertaking of the City, County, and Airport set forth herein.
4.5. Any real or personal property acquired or disposed of by the Airport through use
of funding or proceeds provided by the City or County under their portion of the Local Share shall
be owned, titled, acquired, held, and/or disposed of by the Airport and in its name.
ARTICLE V: APPROVALS, AUTHORIZATIONS, AND NOTIFICATIONS REQUIRED
PRIOR TO AGREEMENT BECOMING EFFECTIVE
5.1. Before this Agreement shall become effective, it shall be submitted to the Kentucky Department
of Local Government for approval in accordance with KRS 65.260(3).
5.2. Before this Agreement shall become effective, the City shall submit it to the
Paducah Board of Commissioners for approval. By entering into this Agreement, the City warrants
and represents that it has obtained approval to do so from the Paducah Board of Commissioners.
5.3. Before this Agreement shall become effective, the County shall submit it to the
McCracken County Fiscal Court for approval. By entering into this Agreement, the County
warrants and represents that it has obtained approval to do so from the McCracken County Fiscal
Court.
5.4. Before this Agreement shall become effective, the Airport shall submit it to the
Barkley Regional Airport Authority Board for approval. By entering into this Agreement, the
Airport warrants and represents that it has obtained approval to do so from the Barkley Regional
Airport Authority Board.
5.5. In accordance and compliance with KRS 65.241, the Airport has provided notice
of its intent to enter into this Agreement to the City and County, which are the governing bodies
of the local governments which jointly established the Airport. By entering into this Agreement,
the Airport, City, and County all acknowledge and agree that the notice requirements of KRS
65.241 have been met and complied with by the Airport.
ARTICLE VI: NON-LIABILITY OF OFFICES AND EMPLOYEES
6.1. No officer, board member, commissioner, or employee of the City, County, or Airport may be
subjected to any personal liability for any debt or contract created by this Agreement or resulting
from it.
ARTICLE VII: NATURE OF AGREEMENT AND FURTHER ASSURANCES
7.1. The City, County, and Airport agree to engage in a joint and cooperative undertaking within only
the scope set out in this Agreement. They do not intend to create any relationship of surety or
indemnification, nor responsibility for indebtedness, liabilities, or claims incurred by either the
City, the County, or the Airport in their operations, other than as provided in this Agreement.
Furthermore, the execution of this Agreement will not constitute a waiver of any defense or
immunity to which the City, County, or Airport may otherwise be entitled under any applicable
law.
7.2. The City, County, and Airport agree that they shall, at any time upon the request of
another party, make, execute, and deliver or cause to be made, executed, and delivered to the
requesting party any and all other further instruments, certificates, and other documents as may, in
the reasonable opinion of requesting party, be necessary or desirable in order to effect, complete,
perfect, or otherwise to fulfill the obligations of the parties under this Agreement.
ARTICLE VIII: MISCELLANEOUS
8.1. This Agreement represents the entire agreement of the parties hereto, and all prior agreements,
discussions, or understandings between the parties regarding the City and County’s payment of
the Local Share of the Terminal Project are hereby rescinded and shall be of no force or effect.
8.2. This Agreement may only be amended by a written document authorized, executed,
and delivered by each of the parties hereto.
8.3. This Agreement shall be binding upon the parties hereto and upon their respective
permitted successors, assignees, and transferees.
8.4. This Agreement may not be transferred or assigned to another unless written
consent is obtained from all of the parties hereto.
8.5. Nothing expressed or implied in this Agreement is intended or shall be construed
to confer upon any person, firm, or corporation other than the parties hereto any right, remedy or
claim by reason of this Agreement or any term hereof, and all terms contained herein shall be for
the sole and exclusive benefit of the parties hereto, their successors and permitted transferees or
assignees.
8.6. Time is of the essence is carrying out the terms and conditions of this Agreement,
and the parties agree to act expeditiously in doing so.
8.7. This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Kentucky.
8.8. Any legal action between the parties regarding this Agreement or the terms and
rights contained herein shall be filed in the federal or state courts of McCracken County, Kentucky,
and the parties waive any argument that such courts are an inconvenient forum.
8.9. If one or more provisions of this Agreement, or the applicability of any such
provisions for any set of circumstances, shall be determined to be invalid or ineffective for any
reason, such determination shall not affect the validity and enforceability of the remaining
provisions of this Agreement.
8.10. The waiver by any party of a breach, default or violation of this Agreement shall not
operate as or be constructed to be a waiver of any subsequent breach hereof.
8.11. This Agreement may be executed in one or more counterparts and when each party
hereto has executed at least one counterpart, this Agreement shall become binding on all parties
and such counterparts shall be deemed to be one and the same document.
[remainder of this page left intentionally blank]
[signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the date first above written.
CITY OF PADUCAH, KENTUCKY, Authorized
by Action of the City Commission on _______________
__________________________________________
Mayor Date
Attest:
___________________________________
City Clerk
COUNTY OF MCCRACKEN, KENTUCKY,
Authorized by Action of the Fiscal Court of the County
on ______________.
______________________________________________
Judge Executive Date
Attest:
__________________________________
Fiscal Court Clerk
BARKLEY REGIONAL AIRPORT
AUTHORITY, Authorized by Action of the
Barkley Regional Airport Authority Board on
___________.
__________________________________________
Board Chair Date
APPROVAL
Department of Local Government
100 Airport Road, 3rd Floor
Frankfort, Kentucky 40601
P: (800) 346-5606
F: (502) 227-8691
This Interlocal Cooperation Agreement is in proper form and is compatible with the laws
of the Commonwealth of Kentucky; therefore, it is approved this the _____ day of __________,
2021.
DEPARTMENT OF LOCAL GOVERNMENT
By:
Title:
Date:
Agenda Action Form
Paducah City Commission
Meeting Date: August 24, 2021
Short Title: Conditional Use Text Amendment - J SOMMER
Category: Ordinance
Staff Work By: Josh Sommer, Nicholas Hutchison
Presentation By: Josh Sommer
Background Information: This Zoning Text Amendment is to align the Conditional Use permitting process
with KRS 100.211. Currently, Conditional Use petitions are referred to the Planning Commission first and
then to the Board of Adjustment. However, this step is not required. By allowing conditional use petitions to
go directly to the Board of Adjustment, a developer could save three weeks or more on their projects.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval
Attachments:
1.Staff Report - Conditional Uses
2.ORD 126-68 Conditional Uses
3.Signed Resolution
TEXT AMENDMENT
PADUCAH PLANNING COMMISSIONT
PROCEDURAL NOTE
Zoning text amendments are first heard before the Paducah Planning Commission at a public
hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive
recommendation to the Board of Commissioners at the August 2, 2021 meeting.
CONSIDERATIONS
Section 126-68 pertains to how Conditional uses are processed. As currently written,
Conditional uses are referred to the Planning Commission who may make a recommendation
to the Board of Adjustment.
By removing the requirement for the recommendation to come to the Planning Commission
first, the Paducah Zoning Ordinance will be in compliance with state law, specifically KRS
100.237, which gives the power to hear and decide conditional use permits to the Board of
Adjustment.
This text change will also save petitioners approximately two to three weeks in application
processing time.
TEXT AMENDMENT
The proposed amendment is as follows:
Sec. 126-68. Conditional uses
(a)Generally. Conditional uses are allowed only by specific approval of the Board of Adjustment (also
referred to herein as “Board”) and only in the zone in which they are listed; however, the
following uses are permitted in all zones:
(1) Public utility installations;
(2) Government buildings and uses; and
(3) Public and parochial schools.
CASE NO.TXT2021-0039
TITLE Conditional uses
SECTIONS (a) Generally
(b) Application and review procedure
DESCRIPTION Text change to provide for:
Conditional uses to go directly to the Board of Adjustment pursuant to
KRS 100.237
STAFF REPORT (continued) page 2 of 3
(b)Application and review procedure.
(1) Upon receipt of an application for a conditional use, the Board shall send a copy thereof
to the Commission for its information and review as to the effect of the conditional use
upon the master plan and the Commission may present its recommendations thereon to
the Board. The Board shall then proceed with a hearing on the application in the manner
prescribed in this article chapter.
Following the hearing, and upon an affirmative finding by the Board that:
a. The proposed conditional use is to be located in a zone wherein such use may be
permitted; and
b. The conditional use is consistent with the spirit, purpose and intent of this chapter,
will not substantially and permanently injure the appropriate use of neighboring
property, and will serve the public convenience and welfare; the Board shall grant
the conditional use.
c. then the Board shall grant the conditional use.
(2) The Board of Adjustment may approve or deny any application for a conditional use
permit. If it approves the issuance of a conditional use permit is approved, the Board, it
may attach conditions to the approval such as time limitations, requirements that one (1)
or more things be done before construction can be initiated, or conditions of a continuing
nature. Any such condition shall be recorded in the Board's minutes and on the
conditional use permit, along with a reference to the specific section of this article or any
other applicable ordinance of the City listing the conditional use under consideration.
(3) The Board of Adjustment shall have the power to revoke conditional use permits for
noncompliance with the conditions thereof. Furthermore, the Board shall have the right
of action to compel offending structures or uses to be removed at the cost of the violator
and may have judgment in personam for such cost.
(4)The Approved conditional use permits approved by the Board of Adjustment shall be
recorded at the expense of the applicant in the office of the County Court Clerk.
(5) Approval of a conditional use permit does not exempt the applicant from complying with
all the requirements of building, housing and other codes and regulations of the City.
(6) In any case in which a conditional use permit has not been exercised within one (1) year
from its date of issuance, such conditional use may revert to its original zoning
designation be revoked following a public hearing held by the Board of Adjustment in
accordance with KRS Ch. 424. "Exercised," as set forth in this subsection, shall mean that
binding contracts for the construction of the main building or other improvements have
been let or, in the absence of contracts, that the principal building or other improvements
are under construction to a substantial degree, or that prerequisite conditions involving
substantial investment are under contract, in development, or completed. When
construction is not a part of the use, "exercised" shall mean that the user is operating in
compliance with the conditions as designated in the permit.
STAFF REPORT (continued) page 3 of 3
(7) The enforcement officer shall review all conditional use permits, except those for which
all conditions have been permanently satisfied, at least once each year. The enforcement
officer shall have the power to inspect the land or structure where the special conditional
use is located in order to determine if the landowner is complying with all of the
conditions which are listed on the conditional use permit.
(8) If the landowner is not complying with all of the conditions listed on the conditional use
permit, the enforcement officer shall report this fact in writing to the Chairperson of the
Board of Adjustment. The report of the enforcement officer shall state specifically the
manner in which the landowner or occupant is not complying with the conditions on the
conditional use permit. A copy of this report shall be furnished to the landowner at the
same time (as nearly as is possible) it is furnished to the Chairperson of the Board. The
Board shall hold a hearing on the report within a reasonable time, and notice of the time
and place of the hearing shall be furnished to the landowner and/or occupant at least one
(1) week prior to the hearing.
(9) If the Board of Adjustment finds that the facts alleged in the report of the enforcement
officer are true, and that the landowner and/or occupant has taken no action to comply
with the conditions (as originally placed on the permit) between the date of the report and
the date of the hearing, the Board may authorize the administrative official to revoke the
conditional use permit and take the necessary legal action to cause the termination of the
activity on the land which the conditional use permit authorizes.
(10) Once the Board of Adjustment has completed a conditional use permit and all the
conditions required are of such type that they can be completely and permanently
satisfied, the administrative official, upon request by the applicant, may, if the facts
warrant, make a determination that the conditions have been satisfied and enter the facts
which indicate that the conditions have been satisfied and the conclusions in the margin
of the copy of the conditional use permit which is on file with the County Court Clerk;
thereafter the use in question, if it continues to meet the other requirements of this article,
will be considered a permitted use.
STAFF RECOMMENDATION
Based on the above, staff recommends the Board of Commissioners accept the Paducah Planning
Commission’s positive recommendation and approve the text amendment of Section 126-68
Conditional uses.
ORDINANCE NO. 2021-____-________
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO
CONDITIONAL USES
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on August 2, 2021 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Section
126-68 Conditional Uses of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-68
Conditional Uses of the Paducah Code of Ordinances as follows:
Sec. 126-68. Conditional uses
(a) Generally. Conditional uses are allowed only by specific approval of the Board of
Adjustment (also referred to herein as “Board”) and only in the zone in which they are
listed; however, the following uses are permitted in all zones:
(1) Public utility installations;
(2) Government buildings and uses; and
(3) Public and parochial schools.
(b) Application and review procedure.
(1) Upon receipt of an application for a conditional use, the Board shall [send a copy
thereof to the Commission for its information and review as to the effect of the
conditional use upon the master plan and the Commission may present its
recommendations thereon to the Board. The Board shall then] proceed with a
hearing on the application in the manner prescribed in this [article] chapter.
Following the hearing, and upon an affirmative finding by the Board that:
a. The proposed conditional use is to be located in a zone wherein such use
may be permitted; and
b. The conditional use is consistent with the spirit, purpose and intent of this
chapter, will not substantially and permanently injure the appropriate use of
neighboring property, and will serve the public convenience and welfare;
[the Board shall grant the conditional use.]
c. then the Board shall grant the conditional use.
(2) The Board of Adjustment may approve or deny any application for a conditional
use permit. If [it approves the issuance of] a conditional use permit is approved, the
Board[, it] may attach conditions to the approval such as time limitations,
requirements that one (1) or more things be done before construction can be
initiated, or conditions of a continuing nature. Any such condition shall be recorded
in the Board's minutes and on the conditional use permit, along with a reference to
the specific section of this article or any other applicable ordinance of the City
listing the conditional use under consideration.
(3) The Board of Adjustment shall have the power to revoke conditional use permits
for noncompliance with the conditions thereof. Furthermore, the Board shall have
the right of action to compel offending structures or uses to be removed at the cost
of the violator and may have judgment in personam for such cost.
(4) [The] Approved conditional use permits [approved by the Board of Adjustment]
shall be recorded at the expense of the applicant in the office of the County Court
Clerk.
(5) Approval of a conditional use permit does not exempt the applicant from complying
with all the requirements of building, housing and other codes and regulations of
the City.
(6) In any case in which a conditional use permit has not been exercised within one (1)
year from its date of issuance, such conditional use may [revert to its original zoning
designation] be revoked following a public hearing held by the Board of
Adjustment in accordance with KRS Ch. 424. "Exercised," as set forth in this
subsection, shall mean that binding contracts for the construction of the main
building or other improvements have been let or, in the absence of contracts, that
the principal building or other improvements are under construction to a substantial
degree, or that prerequisite conditions involving substantial investment are under
contract, in development, or completed. When construction is not a part of the use,
"exercised" shall mean that the user is operating in compliance with the conditions
as designated in the permit.
(7) The enforcement officer shall review all conditional use permits, except those for
which all conditions have been permanently satisfied, at least once each year. The
enforcement officer shall have the power to inspect the land or structure where the
[special] conditional use is located in order to determine if the landowner is
complying with all of the conditions [which are] listed on the conditional use
permit.
(8) If the landowner is not complying with all of the conditions listed on the conditional
use permit, the enforcement officer shall report this fact in writing to the
Chairperson of the Board of Adjustment. The report of the enforcement officer shall
state specifically the manner in which the landowner or occupant is not complying
with the conditions on the conditional use permit. A copy of this report shall be
furnished to the landowner at the same time (as nearly as is possible) it is furnished
to the Chairperson of the Board. The Board shall hold a hearing on the report within
a reasonable time, and notice of the time and place of the hearing shall be furnished
to the landowner and/or occupant at least one (1) week prior to the hearing.
(9) If the Board of Adjustment finds that the facts alleged in the report of the
enforcement officer are true, and that the landowner and/or occupant has taken no
action to comply with the conditions (as originally placed on the permit) between
the date of the report and the date of the hearing, the Board may authorize the
administrative official to revoke the conditional use permit and take the necessary
legal action to cause the termination of the activity [on the land] which the
conditional use permit authorizes.
(10) Once the Board of Adjustment has completed a conditional use permit and all the
conditions required are of such type that they can be completely and permanently
satisfied, the administrative official, upon request by the applicant, may[, if the facts
warrant, ] make a determination that the conditions have been satisfied and enter
the facts which indicate that the conditions have been satisfied and the conclusions
in the margin of the copy of the conditional use permit which is on file with the
County Court Clerk; thereafter the use in question, if it continues to meet the other
requirements of this article, will be considered a permitted use.
SECTION 2. Severability. If any section, paragraph 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 3. Compliance with Open Meetings Laws. 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 4. 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 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, ____________________
Adopted by the Board of Commissioners, _____________________
Recorded by the City Clerk, ________________________________
Published by The Paducah Sun, _____________________________
ord\126-68 Conditional Uses