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HomeMy WebLinkAbout08-09-2022August 9, 2022 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, August 9, 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, Henderson, Wilson and Mayor Bray (5). INVOCATION Commissioner Henderson led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PRESENTATION Communications Manager Pam Spencer provided the following: Junior Duchess Award "Mayor George Bray presented the first ever Junior Duchess Award to Nyla Holder. A duke or duchess award is presented to someone who is making a positive impact in the community. Nyla, an eighth -grade student at Lone Oak Middle School, was nominated by her teacher, Carly Eskridge. Nyla has served as a school ambassador and is active in the local community by volunteering with various organizations including Martha's Vineyard, the Merryman House, Book for Hope, and McCracken County Humane Society. Nyla also recently achieved the national title of Jr. Miss Cosmos United States." NEW EMPLOYEE INTRODUCTIONS Fire Chief Steve Kyle introduced Firefighter Recruits Trayle Prescott, Nick Hatton, Nick Bogart, Matt Uhlry, Mike Winnans, Kobe Bridges and Hunter Matlock. MAYOR'S REMARKS The City and County are working to finalize the interlocal agreement for the outdoor sports complex with the goal of bringing it before the Board in the next few weeks. CONSENTAGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. Mayor Bray requested that Item I(E) be pulled for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for July 26, 2022, Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Resolution — Community Development Block Grant — Paducah -McCracken County Senior Citizens Center — MO #2619 Deed File: 1. Deed of Conveyance —between Cathy Priest and City of Paducah — 3181 Jackson Street — MO #2574 Contract File: 1. Programmatic Agreement between MURAD, KY State Historic Preservation Office, et al — BUILD Grant — Riverfront Pier — MO #2580 2. Contract For Services — DRMS — Digital Scanning Project — Paducah Police Department — MO #2603 3. Memorandum of Agreement between City of Paducah and William Evans — Annexation Incentives —1630 North Friendship Road — MO 42605 4. Fleet Maintenance Contract between City of Paducah and West Marshall Fire Department — MO #2606 5. Agreement to Purchase Six Police Pursuit Rated SUVs — Linwood Motors — MO #2607 6. Contract For Services — Paxton Park Golf Board — MO #2608 August 9, 2022 7. Contract For Services — DWA Recreation — Playground Equipment — Langstaff Park — signed by Suzanne Davidson — Assistant Parks and Recreation Director (See also MO #2609) 8. Contract For Services between City of Paducah and Paducah Alliance of Neighbors — MO #2611 9. Agreement For S. 25th Street Improvement Project— Central Paving Co. ORD 2022-05-8736 Financials File: 1. Paducah Water Works —Month ending June 30, 2022 Bids File: 1. Consulting Services For Preservation Assessment and Stewardship of Certain Historic Assets and Neighborhoods — Cultural Heritage Works and Rhodes Heritage Group — MO #2614 2. Purchase of Six Police Pursuit Rated SUVs MO #2607 (a) Linwood Motors I(C) Personnel Actions I(D) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SPROCKET, INC. IN THE AMOUNT OF $75,000 TO PROVIDE SMALL BUSINESS DEVELOPMENT AND JOB CREATION PROGRAMS (MO #2620; BK 12) I(E) 11 -MUNICIPAL ORDER A U T'HORIZPA G THE MAYO TO- EX -E UT12 A !'�w'j 12 A CTR71 P A Dr C A 14 'T %P A SIT AUTHORITY ORITY IN THE AA!0t T- OF $215,000 FOR PUBLIC tet... TRANSPORTATION SERVICES (A10 #2621, BK 12) Removed for separate discussion I(F) A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER IN AN AMOUNT OF $31,444.59 FOR SERVICES RELATED TO THE SET-UP AND DISMANTLING OF THE DOME PAVILION FOR THE 2022 AQS QUILT SHOW (MO #2622; BK 12) I(G) A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WIi._- JACQUELINE ANN BELL FOR PROPERTY TAX INCENTIVES RELATED TO THE ANNEXATION OF 3520 OLIVET CHURCH ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2623; BK 12) I(H) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1404 MADISON STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE OFFER OF CHARLES NICHOLS IN THE AMOUNT OF FIVE DOLLARS ($5.00) AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2624; BK 12) I(I) A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO PADUCAH POWER SYSTEM FOR CONSTRUCTION IN AID FEES FOR THE SOUTH 24TH & SOUTH 25TH STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $74,185.55, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME (MO #2625; BK 12) I(J) A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO PADUCAH POWER SYSTEM FOR CONSTRUCTION IN AID FEES FOR THE BUCKNER LANE BRIDGE IMPROVEMENT PROJECT IN THE AMOUNT OF $65,481, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED SAME (MO 92626; BK 12) I(K) A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE FRONT LOADER REFUSE TRUCK IN THE AMOUNT OF $316,469, FOR USE BY THE SOLID WASTE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME O #2627; BK 12 I(L) A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE SIDE ARM REFUSE TRUCK IN THE AMOUNT OF $341,338, FOR USE BY THE SOLID WASTE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO 42628; BK 12) August 9, 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, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS CONTRACT FOR SERVICES WITH PADUCAH TRANSIT AUTHORITY 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 CONTRACT WITH PADUCAH TRANSIT AUTHORITY IN THE AMOUNT OF $215,000 FOR PUBLIC TRANSPORTATION SERVICES" Communications Manager Pam Spencer offered the following summary: • Director Arthur Boykin attended the meeting and explained the various services provided and how they are prioritized. Boykin also explained that the Transit Authority is experiencing a shortage of drivers. PATS provides approximately 165,000 rides per year. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2621; BK 12) AUTHORIZE PAYMENT TO INDUSTRIAL DEVELOPMENT AUTHORITY FOR PURCHASE OF 6866 BOBO ROAD Commissioner Henderson, offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE - FINANCE DIRECTOR TO MAKE PAYMENT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 6866 BOBO ROAD IN AN AMOUNT OF $98,928.46 FOR ECONOMIC DEVELOPMENT PURPOSES 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 92629; BK 12) ORDINANCE ADOPTION REPEAL AND REPLACE CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt 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. August 9, 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 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 (45h) 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 15'h 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 August 9, 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2022-08-8745; BK 36) ORDINANCE INTRODUCTION BUDGET AMENDMENT FOR FUND BALANCE TRANSFER FOR VEHICLE PURCHASES Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2022-06-8740, 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: Amend the annual budget for the fiscal year beginning July 1, 2022, and ending "June 30, 2023, as follows: Transfer $113,082.00 from Fleet Lease Fund Fund Balance to Account 71000210 540050 (Fleet Lease Vehicles). Transfer $155,793.00 from Solid Waste Fund Fund Balance to Account 50002209 540050 (Solid Waste Vehicles). City Manager • Commended the City departments for their work in helping make the August 8th celebration a success. • Stated that the design work on the Cherry Civic Center is about 95% complete. He hopes to have that RFP out soon. He and Parks and Recreation Director Amie Clark met with the design team for the pickleball courts. They hope to have the RFP out in the Fall and have construction completed in the Spring. Commissioner Wilson Requested information on the timeline of the Sports Park Interlocal Agreement. City Manager Jordan said that he met with Deputy Judge Executive Doolittle last week and he hopes to have a final draft back to distribute to Commissioners sometime this week. Commissioner Henderson Reiterated City Manager's comments regarding the success of the August 8th Celebration. He was pleased with the participation of the team. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Gault, 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) ➢ 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, Guess, Henderson, Wilson and Mayor Bray (5)• August 9, 2022 RECONVENE IN OPEN SESSION Commissioner Wilson 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, Henderson, Wilson and Mayor Bray (5). ADJOURN Commissioner Wilson 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: 6:40 p.m. ADOPTED: August 23, 2022. P� 'P George P. Bray, Mayor ATTEST: t Lindsay PVisW City Clerk