Loading...
HomeMy WebLinkAbout05-24-2022May 24, 2022 At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday, May 24, 2022, at 5:00 p.m., at the Paducah Recreation Center, located at 1527 Martin Luther King Jr. Drive, Paducah, Kentucky, Mayor George Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). INVOCATION Commissioner Guess led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. MAYOR'S REMARKS Communications Manager, Pam Spencer, provided the following summary: "Mayor Bray reiterated the importance of the work underway by the 911 Communication Oversight Committee and the sense of urgency in addressing the issue of the radio infrastructure that has reached its end of life along with the determination of a funding structure. The Committee has been meeting since January." CONSENTAGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for May 10, 2022, Paducah Board of Commissioners Meeting I(B) RECEIVE AND FILE DOCUMENTS: Contract File: 1. Change Order #1 —Jim Smith Contracting —Flap Gate Replacement Project ORD 2022-04-8731 2. Fleet Maintenance Agreement between City of Paducah and Burna Fire District — MO #2570 3. Fleet Maintenance Agreement between City of Paducah and Graves County Fiscal Court (Mayfield -Graves County Ambulance Service) MO #2571 4. Amendment 9 — Federal Engineering — 911 Upgrade Project — MO #2572 5. Real Estate Purchase Agreement between City of Paducah and Cathy Priest — 3181 Jackson Street — MO #2574 6. Consent and Release — Deborah Alston Edmonds and Eddie Edmonds — 5630 Buckner Lane (Signed by Melanie Townsend) Financials File: 1. March Investment Summary — City of Paducah 2. Major Funds Summaries of Revenues and Expenditures— City of Paducah —Period ending February 28, 2022 Bids File: 1. South 25' Street Improvement Project a. Central Paving Co. of Paducah (winning bid) b. Jim Smith Contracting I(C) Personnel Actions I(D) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR A 2021 U.S. BULLETPROOF VEST PARTNERSHIP GRANT AWARD IN AN AMOUNT OF $8,098.38 FOR THE PURCHASE OF BODY ARMOR VESTS FOR USE BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO 92575; BK 12 I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY FOR A 2022 KENTUCKY OFFICE OF HOMELAND SECURITY GRANT IN THE AMOUNT OF $862,000, TO ENABLE THE PADUCAH POLICE DEPARTMENT TO PURCHASE A MOBILE COMMAND VEHICLE MO #2576; BK 12 I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A FY2022 PORT SECURITY GRANT IN THE AMOUNT OF $34,577 FOR THE PADUCAH POLICE DEPARTMENT TO UPDATE/REPLACE RIVERFRONT CAMERAS MO 92577; BK 12 May 24, 2022 I(G) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AN EPA BROWNFIELDS ASSESSMENT GRANT IN AN AMOUNT OF $500,000 TO SUPPORT ENVIRONMENTAL PLANNING AND ASSESSMENTS OF TARGETED BROWNFIELD SITES IN AND AROUND THE CITY'S RIVERFRONT, GATEWAY, AND SOUTHSIDE CORRIDORS (MO 42578; BK 12) I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A LAND AND WATER CONSERVATION GRANT IN THE AMOUNT OF $100,000 THROUGH THE KENTUCKY DEPARTMENT OF LOCAL GOVERNMENT, TO REPLACE PLAYGROUND EQUIPMENT AT KEILER PARK AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2579; BK 12) Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS APPROVE PROGRAMATTIC AGREEMENT BETWEEN MARAD, KY STATE HISTORIC PRESERVATION OFFICE, OSAGE NATION, USACE, AND THE CITY OF PADUCAH — BUILD GRANT Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A PROGRAMMATIC AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TRANPORTATION MARITIME ADMINISTRATION (MARAD), U.S. ARMY CORPS OF ENGINEERS (USACE), KY -STATE HISTORIC PRESERVATION OFFICE (KY-SHPO), THE OSAGE NATION, AND THE CITY OF PADUCAH, KENTUCKY, FOR HISTORIC PRESERVATION PURPOSES RELATED TO THE BETTER UTILIZING INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) GRANT" Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2580; BK 12) APPROVE WORKER SUPPLY AGREEMENT WITH WISE STAFFING Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING A WORKER SUPPLY AGREEMENT WITH WISE STAFFING GROUP FOR SEASONAL AND TEMPORARY STAFFING ASSISTANCE IN A PERCENTAGE NOT -TO -EXCEED 33% OF THE PAY RATE AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO 92581; BK 12) APPROVE EMPLOYMENT AGREEMENT — ERIC STUBER — CHIEF TECHNOLOGY DIRECTOR Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND ERIC STUBER FOR EMPLOYMENT AS CHIEF TECHNOLOGY DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME." Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2582; BK 12) May 24, 2022 ORDINANCE ADOPTIONS CONSENSUAL ANNEXATION OF 5470 OLD HIGHWAY 60 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Commission introduce an Ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This Ordinance is summarized as follows: The City of Paducah hereby approves the consensual annexation of certain tracts of property contiguous to the present city limits, located at 5470 Old Highway 60, containing approximately .52 acres of land. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2022-05-8735; BK 36) APPROVAL OF CONTRACT FOR SOUTH 25" STREET IMPROVEMENT PROJECT WITH CENTRAL PAVING IN THE AMOUNT OF $1,878,792.30 Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Commission introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF CENTRAL PAVING COMPANY IN THE AMOUNT OF $1,878,792.30 FOR PAVEMENT RECONSTRUCTION, CONSTRUCTION OF A STORM SEWER SYSTEM, AND WATER LINE RELOCATION FOR THE SOUTH 25TH STREET IMPROVEMENT PROJECT, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME, AND AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER $1.4 MILLION FROM THE ARPA PROJECT FUND INTO THE SOUTH 25TH STREET PROJECT ACCOUNT." This Ordinance is summarized as follows: The Mayor is hereby authorized to execute a Contract with Central Paving Company in the amount of $1,878,792.30, for pavement reconstruction, storm sewer system construction, and water line relocation for the South 25th Street Project. Further, the Finance Director is hereby authorized and instructed to transfer $1.4 Million from the ARPA Project Fund into the South 25'h Street Project Account (ST0040) for said expenditure. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORI) 2022-05-8736; BK 36) ORDINANCE INTRODUCTIONS REPEAL AND REPLACE CHAPTER 108 "TELECOMMUNICATION" OF THE CODE OF ORDINANCES Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE REPEALING AND REPLACING CHAPTER 108 "TELECOMMUNICATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This ordinance repeals and replaces Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah in its entirety. The purpose of this ordinance is to establish local policy, guidelines, standards, and time frames with respect to the regulation of telecommunications providers and to promote competition in telecommunications. Additionally, this ordinance allows the City of Paducah to permit and manage reasonable access to Rights -of -ways of the City for telecommunication purposes and conserve the limited physical capacity of Rights-of-way held in public trust by the City. This ordinance creates a non-exclusive franchise allowing telecommunications providers to bid for the right to construct, erect, operate, and maintain upon, through, along, under and over the Rights-of-way of the City of Paducah a Telecommunications System. This ordinance requires fair and reasonable compensation to the City and the residents of the City for permitting private use of the Rights-of-way including an application fee in a non- refundable amount of five thousand dollars ($5,000) and franchise fee payments as set out herein. As required by KRS 83A.060, the following sections of the Ordinance are set forth and shall be published in their entirety: 108-30(p) "Minimum Annual Franchise Fee" means fifteen thousand dollars ($15,000) in the first year of the Grantee's franchise and shall increase by one thousand dollars ($1,000.00) annually. May 24, 2022 108-31(a) Applications shall be accompanied by a non-refundable Application fee of five thousand dollars ($5,000.00) payable to the City. Said Application fee shall not be considered Franchise Fee payments. 108-47 Compensation (a) The Franchise fee imposed under this Ordinance is not in lieu of any tax, fee or other assessment except as specifically provided in this Ordinance, or as required by applicable law. By way of example, and not limitation, permit fees and business license taxes are not waived and remain applicable as provided by law. Additionally, the City may at any time impose any fees or taxes consistent with state or federal law, including, but not limited to property taxes, and occupational license fees. (b) Grantee shall pay a quarterly Franchise Fee to the City, which shall be equal to the greater of (a) the Minimum Annual Franchise Fee as defined herein and amended from time to time ("Minimum Annual Franchise Fee"); or (b) an amount equal to either (i) five percent (5%) of Grantee's Gross Revenues, which shall be payable quarterly and may be passed through to Grantee's Customers, if Grantee provides Telecommunications Service to Customers within the City of Paducah ("Gross Revenue -based Franchise Fee"), or (ii) an amount equal to two dollars ($2.00) per lineal foot of Facilities plus three thousand dollars ($3,000.00) per each Wireless facility (other than Small wireless facilities) and two hundred seventy dollars ($270.00) per each Small wireless facilities if Grantee does not provide Telecommunications Service to end-users within the City of Paducah ("Facilities -Based Franchise Fee"); (c) Grantee's first Franchise Fee payable under this Ordinance shall be paid to the City forty-five (45) days after the City gives notice to the Grantee that the City has exercised its constitutional right to collect Franchise Fees. Such payment will be prorated for the remaining calendar year (rounded to the nearest month). Thereafter, Grantee shall pay each Franchise Fee (as applicable) in accordance with the schedule below. (d) Minimum Annual Franchise Fee payments, if applicable, to the City shall be paid on or before April 15th of each calendar year during the term of the franchise. (e) Gross Revenue -Based Franchise Fee payments, if applicable, to the City shall be computed based on Grantee's Gross Revenues from each calendar year quarter period (January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31) and paid on or before the forty-fifth (45th) day following each calendar quarter period during the term of the franchise. (f) Facilities -Based Franchise Fee payments, if applicable, to the City shall be computed based on Grantee's lineal foot of Facilities in the City of Paducah as of January 1 of each calendar year and paid on or before April 15th of each calendar year during the term of the franchise. (g) Payment not received by the City by the due date shall be assessed interest equal to the lessor of (i) one percent (I%) per month, or (ii) the highest rate permitted by law. Interest shall be compounded annually. Interest shall be due on the entire late payment from the date on which the payment was due until the date on which the City receives payment. (h) Prior to making each payment to the City, Grantee shall file with the City a written report containing an accurate statement in summarized form, as well as in detail, of its calculation of the amount of the payment, verified by an officer or other authorized representative of Grantee, setting forth its Gross Revenues according to their accounting subdivisions, and any deductions claimed for the period upon which the payment is computed. Such reports shall be in form satisfactory to the City. (i) If any Franchise Fee is owed to the City, upon reasonable notice, the City shall have the right to inspect the Grantee's income records, the right to audit and to re -compute any amounts determined to be payable under any Franchise granted pursuant to this Ordinance; provided, however, that such audit shall take place within twelve (12) months following the close of each of the Grantee's fiscal years. If, as a result of such audit or review, the City determines that Grantee has underpaid its fees to the City in any twelve (12) month period by ten percent (10%) or more, then, in addition to making full payment of the relevant obligation, Grantee shall reimburse the City for all expenses incurred as a result of an audit or review and such payments shall be paid within the thirty (30) days following written notice to the Grantee by the City, which notice shall include a copy of the audit report and copies of all invoices for which the City seeks reimbursement. (j) If any Franchise Fee is owed to the City, in the event that any Franchise Fee payment or recomputed amount is not made to the City on or before the applicable dates heretofore specified, interest shall be charged from such date as defined in this Ordinance. (k) No accord and satisfaction. No acceptance by the City of any Franchise Fee or any other payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall acceptance of any Franchise Fee or any other payment be construed as a release of any claim of the City May 24, 2022 (1) The City reserves the right to require the Grantee to collect any consumer or other tax or other fee that may be imposed by the City, the Commonwealth of Kentucky, or the federal government on Telecommunications Services. (m)Notwithstanding any other provision of this Ordinance, the Grantee shall be required to pay the Government an amount intended to adequately compensate it for its permitting and inspection of the Grantee's construction activities in the Rights-of-way pursuant to the Code and all attorney's fees that the Government may incur relating to the franchising process, including but not limited to any attorneys' fees incurred relating granting of the franchise and any transfer, renewal or modification of the franchise. PUBLIC COMMENT Preston Ursini made comments related to the fees in the proposed telecommunications ordinance. APPROVAL — CONTRACT MODIFICATION #1— INCREASE SCOPE IN PROFESSIONAL SERVICES CONTRACT WITH HDR, INC, FOR DREDGING PROJECT IN THE AMOUNT OF $86,200 Commissioner Wilson offered motion, seconded by Commissioner Henderson that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH HDR, INC. IN AN AMOUNT OF $86,200 TO INCREASE THE SCOPE IN THE PROFESSIONAL SERVICES CONTRACT TO INCLUDE ENGINEERING DRAWINGS AND SPECIFICATIONS, BIDDING ADMINISTRATION, PROJECT INSPECTION, MONITORING, ADMINISTRATION AND REPORTING." This Ordinance is summarized as follows: The Mayor is hereby authorized to execute Contract Modification No. 1 with HDR, Inc. for the dredging project for additional services in an amount not to exceed $86,200 and a decrease in the amount of $25,785, for a net increase of $60,415, and a new total contract cost of $326,665. This expenditure shall be charged to the Dredging Project Account DT0047. PADUCAH RIVERFRONT HOTEL (HOLIDAY INN) INDUSTRIAL BUILDING REVENUE BOND SERIES 2015 INTEREST RATE RESET Commissioner Gault offered motion, seconded by Commissioner Guess that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE AMENDMENT AND SUPPLEMENT OF THE BOND PURCHASE AGREEMENT DATED AS OF NOVEMBER 1, 2015, BY AND AMONG THE CITY, PADUCAH RIVERFRONT HOTEL, LP, INDEPENDENCE BANK OF KENTUCKY, AS SERVICING AGENT, AND INDEPENDENCE BANK OF KENTUCKY, AS ORIGINAL PURCHASER, FOR THE PURPOSES OF ESTABLISHING THE INTEREST RATE APPLICABLE TO THE CITY'S INDUSTRIAL BUILDING REVENUE BOND, SERIES 2015 (PADUCAH RIVERFRONT HOTEL, LP PROJECT) FOR THE PERIOD BEGINNING ON AND INCLUDING MAY 1, 2022 TO BUT EXCLUDING THE SECOND OPTIONAL TENDER DATE APPLICABLE THERETO; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE AMENDMENT OF THE BOND PURCHASE AGREEMENT AND THE SERIES 2015 BOND." This Ordinance is summarized as follows: This Ordinance amends and supplements an Ordinance 2015-8-8283 of the City previously adopted on August 25, 2015 (hereinafter titled the "Prior Ordinance"). The Prior Ordinance authorized the issuance of the City of Paducah, Kentucky, Industrial Building Revenue Bond, Series 2015 (Paducah Riverfront Hotel, LP Project) in an amount up to $12,000,000 (the "Series 2015 Bond") to finance the costs of the acquisition, construction, installation, and equipping of a building suitable for use as a hotel, together with all related and subordinate facilities necessary for the operation thereof, for lease to Paducah Riverfront Hotel, LP (the "Tenant"). Certain terms of the Series 2015 Bond are governed by a Bond Purchase Agreement (the "Bond Purchase Agreement"), by and among the City, the Tenant, Independence Bank of Kentucky, as Servicing Agent for the City with respect to the Series 2015 Bond thereunder (the "Servicing Agent"), and Independence Bank of Kentucky, as original purchaser of the Series 2015 Bond (the "Original Purchaser"). The Amending Ordinance authorizes the amendment of the Bond Purchase Agreement and the Series 2015 Bond to require an interest rate per annum of 4.75% to apply to the Series 2015 Bond from May 1, 2022 to April 30, 2027 and to provide for eight consecutive monthly interest -only payments beginning June 1, 2022. The Prior Ordinance provides that pursuant to Sections 103.200 through 103.285, inclusive, of the Kentucky Revised Statutes, the Series 2015 Bond will constitute a special and limited obligation of the City payable solely from receipts and security derived from the Tenant. May 24, 2022 APPROVE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF MAYFIELD FOR BUILDING INSPECTION SERVICES Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF MAYFIELD, KENTUCKY, REGARDING BUILDING INSPECTION AND PLAN REVIEW SERVICES; AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This ordinance authorizes the Mayor to execute an Interlocal Agreement and all documents relating to same with the City of Mayfield, Kentucky, for the purpose of the City of Mayfield engaging the services of the City of Paducah to assist with building inspection and building plan review. The duration of said agreement shall be from the Effective Date of the Agreement to June 30, 2024, and may be renewed for one (1) additional three (3) year term, upon agreement of the parties at least ninety (90) days prior to expiration of the initial term with approval from the Paducah Board of Commissioners. FY2023 BUDGET ORDINANCE Commissioner Guess offered motion, seconded by Commissioner Gault that the Board of ,\ Commissioners introduce an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July 1, 2022, through June 30, 2023, by estimating revenues and resources and appropriating funds for the operation of City Government at $96,749,577, and summarized by fund as follows: PUBLIC COMMENTS • George Thomas — spoke about desire to create an African-American Cultural Center • Mike Reed — made comments about morality in schools and local government's chance to bring morality back. i j FUNDS j APPROPRIATIONS 1 1000 GENERAL $ 43,276,785 2300 MAP 1,601,280 2400 INVESTMENT 5,810,790 2600 CDBG 200,000 j 2000 E911 2,571,530 2700 COURT AWARDS 90,800 1 2800 ROOM TAX 1,840,000 3000 DEBT3,555,320 40001 CIP 1 1,760,000 4200'BONDFUND 19,800,000. 5000 SOLID WASTE 6,900,651 53001 TRANSIENT BOAT DOCK 1 129,112 1 51001CMC CENTER 35,445 1100 RENTAL 132,210 1200 RADIO DEPR 163,860 1 7000 FLEET MAINTENANCE 806,964 7100 FLEET LEASE TRUST 2,013,695 7200 INSURANCE 1,364,560 7300 HEALTH INSURANCE 3,665,600 8100 PFPF 945,655 8400 OTHERTRUSTS 85,320 j $ 96,749,577 PUBLIC COMMENTS • George Thomas — spoke about desire to create an African-American Cultural Center • Mike Reed — made comments about morality in schools and local government's chance to bring morality back. May 24, 2022 COMMENTS City Manager Daron Jordan expressed his thanks to staff and WKCTC for the effort it took to move the Commission Meeting from City Hall to the Paducah Recreation Center. ADJOURN Commissioner Gault offered motion, seconded by Commissioner Guess, that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). TIME ADJOURNED: 6:14 p.m. ADOPTED: June 14, 2022 WFA r� LwEg ••-• ATTEST: '-La�a� XL�K mdsay Paris, ity Clerk