HomeMy WebLinkAbout07-26-2022July 26, 2022
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, July 26, 2022, at
5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George
Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to
their names: Commissioners Gault, Guess, and Mayor Bray (3). Commissioners Henderson and
Wilson were not present at the meeting (2).
INVOCATION
Commissioner Guess led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
NEW EMPLOYEE INTRODUCTIONS
Parks and Recreation Director Amie Clark introduced Greg Shelton, who has recently been
promoted to Parks Maintenance Supervisor.
MAYOR'S REMARKS
Communications Manager Pam Spencer offered the following summary:
"Mayor Bray emphasized that he is encouraged by the forward progress underway
on two priority projects: 911 radio infrastructure upgrades and the outdoor sports
complex. In 2021, the City and County signed memorandums of understanding to
partner on these projects. Regarding the outdoor sports complex, City Manager
Daron Jordan and Deputy Judge Executive Steve Doolittle have been meeting to
finalize details in the interlocal agreement that will be approved by both government
bodies. For the 911 project, the 911 Communication Oversight Committee met
yesterday and expects to receive a draft request for proposals from the consultant,
Federal Engineering, in August with the goal of having the radio/tower infrastructure
project initiated along with decisions on governance and funding structure by the end
of this year. The Oversight Committee also heard from Kentucky State Police about
its current 911 project underway across the State and learned that KSP is not ready at
this time to incorporate Paducah -McCracken County into its system."
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. No items were removed for separate consideration. Mayor Bray asked the City Clerk
to read the items on the Consent Agenda.
I(A)
Approve Minutes for July 12, 2022, Paducah Board of Commissioners Meeting
I(B)
Receive and File Documents:
Contract File:
1. Memorandum of Agreement with Harriet Reed for Property Tax Incentives for 5345
Hinkleville Road and 5435 U.S. Highway 60 — (MO 42599)
2. Contract For Services between City of Paducah and Paducah Wall to Wall Mural Board
(signed by Arnie Clark, Director of Parks and Recreation)
Financials File:
1. GPEDC, Inc. (Financial Statements years ended June 30, 2021 and 2020)
Bids File:
1. Sale of Surplus Property 517 North 14'h Street (MO #2594)
a. Bid of Paducah Alliance of Neighbors
2. Sale of Surplus Property 832 N. 7`h, 836 N. 7a` and 626 Boyd Street (MO 42600)
a. Bid of Tyrell Grant
I(C)
Personnel Actions
I(D)
A MUNICIPAL ORDER ACCEPTING THE BID OF DATA RECORDS MANAGEMENT
SERVICES, INC., IN AN AMOUNT OF $42,772 FOR DIGITIZATION SERVICES FOR
FELONY INVESTIGATION FILES FOR THE PADUCAH POLICE DEPARTMENT,
July 26, 2022
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, and Mayor Bray (3).
RATIFYING THE MAYOR'S EXECUTION OF THE PROPOSAL AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO 92603; BK 12)
I(E)
A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION TO
OBTAIN A 2022-2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT,
THROUGH THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $12,284, TO BE
USED BY THE PADUCAH POLICE DEPARTMENT TO PURCHASE ARMOR THAT
MEETS THE NATIONAL INSTITUTE OF JUSTICE (NIJ) LEVEL III+ SPECIAL THREAT
RATING, ACCEPTING ALL AWARDED GRANT FUNDS, AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME O #2604; BK 12
I(F)
A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WI1
WILLIAM EVANS FOR PROPERTY TAX AND SANITATION INCENTIVES RELATED Tu -
THE ANNEXATION OF 1630 NORTH FRIENDSHIP ROAD, AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2605; BK 12
I(G)
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED
EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH THE
WEST MARSHALL FIRE DEPARTMENT, TO PROVIDE FLEET MAINTENANCE
SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS RELATED TO SAME O 42606; BK 12
I(H)
A MUNICIPAL ORDER ACCEPTING THE BID OF LINWOOD MOTORS FOR SALE TO
THE CITY OF PADUCAH SIX (6) POLICE PURSUIT RATED SUV'S IN AN AMOUNT OF
$282,090 WITH OPTION TO PURCHASE TWO (2) ADDITIONAL SUV' S AT THE UNIT BID
PRICE BEFORE JUNE 30, 2023, FOR USE BY THE PADUCAH POLICE DEPARTMENT
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME
O #2607; BK 12
I(I)
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
O 42608; BK 12
I(J)
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
CONTRACT WITH DWA RECREATION IN THE AMOUNT OF $38,605 FC
CONSTRUCTION AND INSTALLATION OF CRUMB RUBBER SURFACING A__
LANGSTAFF PARK, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME O 92609; BK 12
I(K)
A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A 2022 COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $200,000 THROUGH THE
DEPARTMENT FOR LOCAL GOVERNMENT FOR THE FOUR RIVERS RECOVERY
CENTER FOR PERSONNEL EXPENSES, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2610; BK 12
I(L)
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
CONTRACT WITH PADUCAH ALLIANCE OF NEIGHBORS, IN THE AMOUNT OF
$30,000 FOR SPECIFIC SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME O #2611; BK 12
I(M)
A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE CITY OF PADUCAH,
KENTUCKY, ADMINISTRATIVE PLAN FOR 2022 HOUSING CHOICE VOUCHER
PROGRAM, EFFECTIVE MAY 1, 2022, FOR THE SECTION 8 HOUSING PROGRAM AS
REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
REVISED O #2612; BK 12
I(N)
A MUNICIPAL ORDER ADOPTING THE McCRACKEN COUNTY AREA SOLID WASTE
MANAGEMENT PLAN 2023-2027 UPDATE O #2613; BK 12
I(0)
A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACT NEGOTIATIONS ON BEHALF OF THE CITY OF PADUCAH FOr
PRESERVATION ASSESSMENT AND STEWARDSHIP OF CERTAIN HISTORIC ASSE'_
AND NEIGHBORHOODS AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED $52,000
O #2614; 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, and Mayor Bray (3).
July 26, 2022
MUNICIPAL ORDERS
AMEND THE 22-23 POSITION AND PAY SCHEDULE
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE
FY2022-2023 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF
THE CITY OF PADUCAH, KENTUCKY"
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (MO #2615;
BK 12)
AMEND THE 22-23 JOB GRADE SCHEDULE
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AN
AMENDMENT TO THE FY2022-2023 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF
THE CITY OF PADUCAH, KENTUCKY"
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (MO #2616;
BK 12)
AUTHORIZE THE FIRE DEPARTMENT TO ISSUE A REQUEST FOR
QUALIFICATIONS FOR A FIRE DEPARTMENT FEASIBILITY STUDY
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
PADUCAH FIRE DEPARTMENT TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A
FEASIBILITY STUDY RELATED TO FIRE STATION FACILITIES AND INFRASTRUCTURE"
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (MO 92617;
BK 12)
CONTRACT FOR SERVICES — BACON, FARMER, WORKMAN — DESIGN AND
CONSTRUCTION AND ADMINISTRATIVE SERVICES — DEVELOPMENT OF
PICKLEBALL COURTS IN NOBLE PARK IN THE AMOUNT OF $33,500
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING
AND APPROVING A CONTRACT FOR SERVICES BETWEEN THE CITY OF PADUCAH
AND BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN AN
AMOUNT OF $33,500 FOR THE DESIGN AND CONSTRUCTION ADMINISTRATIVE
SERVICES FOR THE DEVELOPMENT OF PICKLEBALL COURTS IN NOBLE PARK, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME"
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (MO 42618;
BK 12)
APPLICATION FOR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT ON
BEHALF OF THE SENIOR CENTER OF PADUCAH-McCRACKEN COUNTY IN THE
AMOUNT OF $1.5 MILLION
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AN
APPLICATION FOR A 2022 COMMUNITY DEVELOPMENT BLOCK GRANT IN THE
AMOUNT OF $1.5 MILLION THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT
FOR THE SENIOR CENTER OF PADUCAH-McCRACKEN COUNTY, AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME"
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (MO 92619;
BK 12)
July 26, 2022
ORDINANCE ADOPTIONS
CONSENSUAL ANNEXATION OF 3520 OLIVET CHURCH ROAD
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt 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 3520 Olivet Church Road, containing approximately 1. 176 acres of land.
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3). (ORD #2022-
07-8744; BK 36)
ORDINANCE INTRODUCTION
REPEAL AND REPLACE CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE
OF ORDINANCES
Commissioner Guess offered Motion, seconded by Commissioner Gault, 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 six thousand dollars ($6,000) in the first year
of the Grantee's franchise and shall increase by one thousand dollars ($1,000.00) annually.
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");
July 26, 2022
(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 15' 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 (1%) 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
(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.
A copy of the Presentation can be found in the minute file. Communications Manager Pam Spencer
offered the following summaries:
311 PORTAL AND APP UDATE
"City Clerk/Customer Experience Department Director Lindsay Parish updated the
Board on Paducah 311, a new way for citizens to request city services. The app and
online portal were launched January 26. Users can either create an account or report
anonymously on various services including:
July 26, 2022
• Abandoned Vehicle
• Brush Pickup
• City Employment
• Code Enforcement
• Dead Animal Reports
• General Finance Request
• General Information Request
• General Parks Service Request
• General Police Request
• Right -of -Way Obstructions
• Potholes
• Program & Event Inquiries
• Property Maintenance
In the past six months, the City has received 582 total requests from 320 unique
users. Parish said the usage of Paducah 311 has been growing each month with brush
collection as the top service requested. The app has been downloaded 429
times. Parish listed the various promotional avenues used to inform citizens about the
app and online portal with additional promotions and a user survey to gather
feedback in the works."
CODE OF ORDINANCES REVISION UPDATE
"City Clerk (Lindsay) Parish updated the Board on the recodification options for the
City's code of ordinances. The City is required by KRS 83A.060 to recodify its code
every five years to eliminate redundant, obsolete, inconsistent, and invalid
information. Options include a legal review or a full recodification."
EXECUTIVE SESSION
Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topic:
➢ Future sale or acquisition of a specific parcel(s) of real estate, as permitted by
KRS 61.810(1)(b)
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3)
RECONVENE IN OPEN SESSION
Commissioner Guess offered motion, seconded by Commissioner Gault, that the Paducah Board of
Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3)
ADJOURN
Commissioner Gault offered motion, seconded by Commissioner Guess, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Gault, Guess, and Mayor Bray (3).
TIME ADJOURNED: 6:56 p.m.
ADOPTED: August 9, 2022.
George P. Bray, Mayor
ATTEST:
mdsay Parish ity Clerk