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HomeMy WebLinkAbout03-14-2023March 14, 2023 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 14, 2023, 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 Guess, Henderson, Smith, Wilson and Mayor Bray (5). INVOCATION Commissioner Wilson led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PROCLAMATION Mayor Bray presented a proclamation to the Paducah Tilghman High School Wrestling State Champions and their Head Coach Seth Livingston. ADDITIONS AND DELETIONS • Delete Item 1(C) from the Consent Agenda —Appointment of Christopher Jones to the Code Enforcement Board. • Add a Discussion of the proposed Subdivision called Terrace Hills located off Pecan Drive. MAYOR'S REMARKS Communication Manager Pam Spencer offered the following summary: Proposed Legislation Regarding Annexation "Mayor Bray said the City is closely following proposed state legislation that would place a moratorium on city annexations even if the annexation is consensual unless the annexation meets limited criteria. Mayor Bray said the State's economic development and growth are driven by the growth of cities and the amenities they offer. In a spirit of cooperation and collaboration, Mayor Bray said he wants cities and counties to work together to balance the interests of everyone. Furthermore, he stated that the cooperation between the City of Paducah and McCracken County is excellent, and both government agencies currently are working on a joint comprehensive plan." 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 the February 24' & 28' 2023, Board of Commissioners Meetings I(B) Receive and File Documents: Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners for February 24, 2023 2. Letter from Collins & Company dated February 20, 2023, regarding coverage in lawsuit David Guess vs. City of Paducah, et al 3. Letter of Support — ViWinTech Windows & Doors, Inc. 4. Contract File: 1. Professional Services Agreement between City of Paducah and Tetra Tech, Inc. - MO #2699 McKinne., whose tc.m has cipxrca. This term rshall expire -March 14, 2026. (DELETED ENTIRELY) March 14, 2023 I(D) Appointment of Allan Rhodes to the Paducah Planning Commission to replace Paul Bradford, who resigned. This term shall expire August 31, 2026. I(E) Appointment of Mark Thompson to the Paducah Golf Commission to replace Bill Wells, whose term has expired, and reappointment of Jeanne Stroup and Steve Seltzer. Said terms shall expire March 26, 2027. I(F) Appointment of Evan Rittgers to the Electric Plant Board to replace Hardy Roberts, whose term has expired. Said term shall expire February 6, 2027. I(G) Personnel Actions I(H) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1401 OLD MAYFIELD ROAD FROM ERIC L. ELDER, SR. TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE (MO #2706, BK 12) I(I) A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1400 TENNESSEE STREET FROM P & L RAILROAD, INC. TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE (MO 92707, BK 12) I(J) A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION FOR A 911 SERVICES BOARD GRANT IN THE AMOUNT OF $8,828 TO BE USED BY THE PADUCAH 911 COMMUNICATION SERVICES DIVISION TO PURCHASE GIS DATA PROFESSIONAL SERVICES (MO #2708, BK 12) I(K) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF A 2023-2024 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN AN AMOUNT OF $40,632, TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY, AND AUTHORIZING THE MAYOR TO EXECUTE ALL GRANT DOCUMENTS AND AN INTERLOCAL AGREEMENT WITH McCRACKEN COUNTY FOR SAID GRANT (MO #2709, BK 12) I(L) MUNICIPAL ORDER ACCEPTING A 2022 COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $200,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE FOUR RIVERS BEHAVIORAL HEALTH'S CENTERPOINT RECOVERY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE ALL REQUIRED GRANT AWARD DOCUMENTS (MO #2710, BK 12) Commissioner Guess 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 Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDER AUTHORIZE OPIOID SETTLEMENT PARTICIPATION AGREEMENTS Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board adopt a Municipal Order entitled, "A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF SETTLEMENT PARTICIPATION AGREEMENTS FOR THE TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART OPIOID SETTLEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE ALL FUTURE OPIOID SETTLEMENT PARTICIPATION AGREEMENTS." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO 92711, BK 12) March 14, 2023 ORDINANCE ADOPTION APPROVE CONSENSUAL ANNEXATION OF 2631 HOLT ROAD Commissioner Smith offered Motion, seconded by Commissioner Wilson, 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 2631 Holt Road, containing approximately 3.71 acres of land. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8762, BK 36) APPROVE TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY COMPANY, LLC, D/B/A ACCELECOM Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE GRANTING A NON- EXCLUSIVE FRANCHISE FOR A TERM OF TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE CONFINES OF THE CITY OF PADUCAH, KENTUCKY TO OPENFIBER KENTUCKY COMPANY, LLC, D/B/A ACCELECOM, PURSUANT TO THE TERMS AND PROVISIONS OF CHAPTER 108 "TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY COMPANY AND ALL OTHER DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This Ordinance formally accepts the bid of Accelecom for a non-exclusive telecommunications franchise within the City of Paducah, said bid being in substantial compliance with bid specifications, and as contained in the bid of Accelecom of November 11, 2022. Further, this Ordinance grants a ten (10) year, non-exclusive telecommunications franchise to OpenFiber Kentucky Company, LLC, d/b/a Accelecom, pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8763, BK 36) ORDINANCE INTRODUCTION APPROVE BUDGET AMENDMENT FOR THE FLEET PLAN BUDGET FY2023 IN AN AMOUNT OF $156,870 Commissioner Guess offered Motion, seconded by Commissioner Henderson, 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 $156,870 from Fleet Trust Fund Balance to Account Number 71000210 540050 (Fleet Trust Budget) AMEND THE FY23 CITY BUDGET TO INCREASE REVENUES AND EXPENDITURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BY $200,000 Commissioner Henderson 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 March 14, 2023 APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No. 2022-06-8740, be amended by the following re - appropriations: • Increase revenues and expenditures for the CDBG Fund by $200,000. APPROVE 2023-2024 RESURFACING PROGRAM CONTRACT WITH JIM SMITH CONTRACTING, LLC. Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH'S 2023-2024 STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: That the City of Paducah accepts the bid of Jim Smith Contracting Company, LLC, for the City of Paducah's calendar years 2023 and 2024 street resurfacing program with the option of a one-year renewal agreement upon the mutual agreement of both parties, said bid being in substantial compliance with the bid specifications and advertisement for bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of February 16, 2023, and authorizes the Mayor to execute a contract for the following prices: RESURFACING ITEM DESCRIPTION UNIT UNIT PRICE 1. Bituminous Surface/Base Ton $103.00 2. Milling Texture Ton $60.00 3. Shoulder Construction Ton $50.00 PAVEMENT MARKINGS ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint — 4" Line L.F. $0.55 2 Paint — 12" Stop Lines L.F. $1.20 3 Paint — 24" Stop Lines L.F. $2.10 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $90.00 7 Paint — 8" Crosswalks L.F. $0.75 8 Paint - "School" Each $70.00 9 Paint - RR Crossings Each $230.00 10 Paint—"STOP" Each $70.00 11 Paint — "ONLY" Each $70.00 12 Paint — Handicap Symbol Each $70.00 13 Paint — 4" Parking Lot Lines L.F. $0.65 14 Thermo — 4" Line L.F. $1.40 15 Thermo — 12" Stop Lines L.F. $8.00 16 Thermo — 24" Stop Lines L.F. $16.00 17 Thermo — Straight Arrow Each $150.00 18 Thermo - Turn Arrow Each $150.00 March 14, 2023 19 Thermo — Combination Arrow Each $250.00 20 Thermo — 8" Crosswalks L.F. $5.00 21 Thermo - "School" Each $295.00 22 Thermo - RR Crossings Each $850.00 23 Thermo — "STOP" Each $225.00 24 Thermo — "ONLY" Each $225.00 EQUIPMENT RENTAL ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator — Small HR $165.00 2 Excavator - Medium HR $195.00 3 Excavator with Mulching Head HR $235.00 4 Skid Steer Loader HR $135.00 5 Dump Truck -Tandem HR $100.00 6 Dump Truck — Tri -axle HR $115.00 7 Motor Grader - Medium HR $195.00 8 Dozer- Small HR $175.00 9 Dozer- Medium HR $195.00 10 Laborer HR $83.00 11 Vibratory Roller — Small HR $170.00 12 Vibratory Roller - Medium HR $170.00 AMEND THE CITY POLICE OFFICERS EDUCATIONAL INCENTIVE PLAN ORDINANCE Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-278 "EDUCATIONAL INCENTIVE PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This Ordinance amends Section 2-278(f) to increase Educational incentive payments as follows: Associates, $75.00 per month; Bachelors, $112.50 per month and Masters, $150.00 per month. DISCUSSION Communications Manager Pam Spencer offered the following summaries: Discussion Regarding City's Portion of Convention Center Roof "Mayor Bray, the Board, and City Manager Daron Jordan discussed the deteriorating roof at the Convention Center and the roof on the former Showroom Lounge which is at the back of the Convention Center. The Lounge is owned solely by the City. City Manager Jordan anticipates conversations regarding the roof sections and the future of the Showroom will be incorporated in the Fiscal Year 2024 Budget process. Mayor Bray stated the Convention Center is an important community asset." Discussion of Terrace Hills Preliminary Subdivision Plat "Mayor Bray and the Board discussed the proposed subdivision called Terrace Hills at 3750 Pecan Drive and 600 and 601 Deer Lick Place. The Planning Commission held a public hearing regarding the proposed subdivision on February 6 and approved the preliminary subdivision plat. This Planned Unit Development currently depicts 122 residential lots of duplexes and single-family homes with sidewalks on approximately 26 acres. The property currently is wooded. The developer plans to build the subdivision in three phases over a span of several years with a stormwater detention pond in each phase. These single -story homes with garages would be valued at approximately $250,000. Neighbors voiced their concerns at the Planning Commission meeting and at this City Commission meeting. Concerns include the removal of trees, the density of houses, an increase in traffic, and stormwater runoff. Mayor Bray appreciated the comments and said the City March 14, 2023 will be working with the developer as he develops the final plat for approval. The City wants to balance the neighborhood's concerns and the need for growth and housing in Paducah." PUBLIC COMMENTS The following individuals made public comments related to the discussion about the Terrace Hills Preliminary Subdivision Plat. • David Curtis • Kevin Crider • Cindy Jones • Dennis Herricks • Jill Love ADJOURN Commissioner Smith offered Motion, seconded by Commissioner Guess, that the meeting be adjourned. TIME ADJOURNED: 6:42 p.m. ADOPTED: March 28, 2023 ATTEST: 1t,mdsay R. Paris , City Clerk