HomeMy WebLinkAboutAgenda Packet 04-25-2023ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION PTHS Student Equity Advisory Council Presentation
PROCLAMATION Mental Health Month
PROCLAMATION Public Service Recognition Week
PROCLAMATION Arbor Day, April 28, 2023 - Jonathan E. Perkins, Tree Advisory Board Chairperson
INTRODUCTION KY Tourism, Arts & Heritage Secretary Lindy Casebier to introduce Sandro Tiberi from
Fabriano (Italy), UNESCO Creative City
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.
Amended April 24, 2023
I.
CONSENT AGENDA
A.
CITY COMMISSION MEETING
AGENDA FOR APRIL 25, 2023
5:00 PM
-
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
C.
Personnel Actions
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 PTHS Student Equity Advisory Council Presentation
PROCLAMATION Mental Health Month
PROCLAMATION Public Service Recognition Week
PROCLAMATION Arbor Day, April 28, 2023 - Jonathan E. Perkins, Tree Advisory Board Chairperson
INTRODUCTION KY Tourism, Arts & Heritage Secretary Lindy Casebier to introduce Sandro Tiberi from
Fabriano (Italy), UNESCO Creative City
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 April 11, 2023, Board of Commissioners Meeting
B.
Receive & File Documents
C.
Personnel Actions
D.
Appointment of David Guess to the Paducah -McCracken County Joint Sewer
Agency
E.
Appointment of John Spurlin to the Code Enforcement Board
F.
Reappointment of Edward Box to the Civil Service Commission
G.
Authorize the Application and Acceptance of a Kentucky Office of
Homeland Security Grant in the Amount of $29,130 - B. LAIRD
II. MOTIONS)
A. I Ratify the execution of a Settlement Agreement with David Guess
III.
H.
Authorize the Application and Acceptance of a Kentucky Office of
A.
Approve the 2023 Annual Plan and Administrative Plan for the Section 8
Program - LASICA McEWEN
Homeland Security Grant in the Amount of $28,085 - E.STUBER
II. MOTIONS)
A. I Ratify the execution of a Settlement Agreement with David Guess
III.
MUNICIPAL ORDERS)
A.
Approve the 2023 Annual Plan and Administrative Plan for the Section 8
Program - LASICA McEWEN
IV.
ORDINANCE(S) -ADOPTION
A.
Authorize the Mayor to enter into an Agreement with PCC Sports for the
construction of Pickleball Courts at Noble Park in an amount of $701,967.00
- A. CLARK
V.
ORDINANCE(S) - INTRODUCTION
A.
Approve the closing of 4,356 Square Feet of Monroe Street Between 200 &
306 North 2nd Street - R. MURPHY
B.
Authorize the Acceptance of Maintenance Responsibilities for City Certain
Streets from the Commonwealth of Kentucky Transportation Cabinet to the
City of Paducah - R. MURPHY
C.
Establish an Energy Project Assessment District for Energy Projects in
Paducah - D. JORDAN
VI.
DISCUSSION
A.
City Block Project Update - N. HUTCHISON
B.
Human Rights Commission & Diversity Specialist Discussion - S. WILCOX
C.
Dog Park Design Discussion - A. CLARK
VII.
COMMENTS
A.
Comments from the City Manager
B.
Comments from the Board of Commissioners
C.
Comments from the Audience
VIII.
EXECUTIVE SESSION
April 11 2023
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, April 11, 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 Henderson led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
PROCLAMATIONS
Mayor George Bray presented the following proclamations:
To Lotus Executive Director Lori Wells Brown and Lotus employees proclaiming April as
"National Child Abuse Prevention Month and Sexual Assault Awareness & Prevention
Month"
To 911 Division Manager Kim Clark and Telecommunicators proclaiming April 9-15 as
"National Telecommunications Week"
PRESENTATION
Mayor Bray presented a Duke of Paducah to Artist in Residence Jaime Romero from Manses,
Spain.
MAYOR'S REMARKS
Communications Manager Pam Spencer prepared the following summary of the Mayor's
remarks:
Convention Center Roof Discussion
Mayor Bray stated that the Convention Center is an important community asset and
replacing the deteriorating roof is a priority. In response to comments made at last night's
McCracken County Fiscal Court meeting regarding the County's interpretation of how the
transient room tax should be used to fund a capital improvement project such as the roof
replacement, Mayor Bray said the City disagrees with the County's interpretation.
Mayor Bray stated authority to levy the 2% transient room tax is outlined in KRS 91A.392
which allows fiscal courts in counties that have an authorized city, such as Paducah, the
ability to levy a 2% room tax. Those funds can be used for the retirement of bonds related to
the construction, expansion, or operation of government-owned convention centers or fine
arts centers. This practice of using the room tax to pay the principal and interest for bonds
for Convention Center improvements has happened in the past with the 2017 project that
improved the kitchen facilities as the most recent example. Mayor Bray stated the most
equitable solution is for the City to issue bonds to cover the roof repairs with the principal
and interest payments to be paid from the 2% transient room tax.
April 11, 2023
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 March 28, 2023 Board of Commissioners Meetings
I(B)
RECEIVE AND FILE DOCUMENTS:
Minute File:
1. Notice To Proceed with Construction —City Block — MO 92688
Deed File:
1. Deed in Lieu of Foreclosure — Elder to City of Paducah — 1401 Old Mayfield Road —
MO #2706
Contract File:
I . FY2023 Grant In Aid Contracts
a. Contract For Services — Housing Authority of Paducah — CM signed
b. Contract For Services — Market House Theatre — CM signed
c. Contract For Services — National Quilt Museum — CM signed
d. Contract For Services — Paducah Alliance of Neighbors — MO 92611
e. Contract For Services — Paducah Art House Alliance (d/b/a Maiden Alley Cinema —
CM signed
f Contract For Services — Paducah Arts Alliance (PAA) — CM signed
g. Contract For Services — Paducah -McCracken County Habitat For Humanity — CM
Signed
h. Contract For Services — Paducah Symphony Orchestra — CM signed
i. Contract For Services — River Heritage Museum (River Discovery Center) — CM
signed
j. Contract For Services — Uppertown Heritage Foundation (Hotel Metropolitan) —
CM signed
k. Contract For Services — Yeiser Art Center — CM signed
2. Midstates Construction Co., Inc. — Robert Cherry Civic Center Renovation — MO 92715
Financials File:
1. Edwin J. Paxton Golf Court — Independent Auditor's Report for the year ended
December 31, 2022 and Financial Statements 2022
I(C)
Appointment of Tim Story to the Civic Beautification Board to replace Ania Lasota, who resigned.
This term shall expire July 1, 2027.
I(D)
Appointment of Gayle Kaler to the Paducah Planning Commission to replace Lorraine Schramke,
who resigned. This term shall expire August 31, 2023.
I E
Personnel Actions
I(F)
A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WITH DR.
DANIEL JONES FOR CERTAIN INCENTIVES AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2717, BK 12)
April 11, 2023
I(G)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION
FOR A 2023 MATCHING INSURANCE SERVICES SAFETY GRANT IN THE AMOUNT OF
$3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES FOR REIMBURSEMENT FOR
SAFETY EQUIPMENT PURCHASED FOR EMPLOYEES WORKING IN CONFINED
SPACES AND FOR PERSONAL PROTECTIVE EQUIPMENT, ACCEPTING ANY GRANT
FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME MO #2718, BK 12
I(H)
A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AN EPA
ENVIRONMENTAL JUSTICE GOVERNMENT TO GOVERNMENT GRANT IN THE
AMOUNT OF $1,000,000, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME (MO #2719, BK 12)
I(I)
A MUNICIPAL ORDER ADOPTING CHANGE ORDER NO. 1 TO THE CONSTRUCTION
CONTRACT WITH DREDGE AMERICA, INC. FOR A DECREASE IN SCOPE AND A PRICE
REDUCTION IN THE AMOUNT OF $1,647, AND AUTHORIZING THE MAYOR TO
EXECUTE THE CHANGE ORDER (MO #2720, BK 12)
I(J)
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED
EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH
THE SALEM FIRE DEPARTMENT, TO PROVIDE FLEET MAINTENANCE
SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS RELATED TO SAME (MO #2721, BK 12)
I(K)
A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE SUV IN
THE AMOUNT OF $44,354, FOR USE BY THE PADUCAH FIRE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #27229
BK 12)
I(L)
A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF TWO PICKUP
TRUCKS IN THE TOTAL AMOUNT OF $88,000, FOR USE BY THE FACILITY DIVISION
AND PARKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME (MO #2723, BK 12)
I(M)
A MUNICIPAL ORDER OF THE PADUCAH CITY COMMISSION AUTHORIZING
THE FILING OF A KENTUCKY SENATE BILL (SB) 150 LINE ITEM GRANT
APPLICATION IN THE AMOUNT OF $100,000 THROUGH THE DEPARTMENT
FOR LOCAL GOVERNMENT FOR THE PADUCAH & LOUISVILLE RAILWAY,
INC. ROCKPORT BRIDGE PROJECT, ACCEPTING ALL AWARDED FUNDS,
AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS WHICH ARE
DEEMED NECESSARY BY DLG TO CARRY OUT THE PROJECT, AND
AUTHORIZING THE MAYOR TO ACT AS THE AUTHORIZED CORRESPONDENT
FOR THIS PROJECT (MO #2724, 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).
April 11, 2023
MUNICIPAL ORDERS
APPROVE CONTRACT WITH ATA CPA'S AND ADVISORS, PLLC, FOR
PROFESSIONAL AUDIT SERVICES FOR PADUCAH POWER SYSTEM
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE
SELECTION OF ATA CPAS AND ADVISORS, PLLC FOR FINANCIAL AUDITS FOR THE
ELECTRIC PLANT BOARD DBA PADUCAH POWER SYSTEM FOR THE FISCAL YEARS
ENDING JUNE 30, 2023, 2024, AND 2025."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2725, BK 12)
APPROVE PADUCAH WATER'S ACCEPTANCE OF A CLEANER WATER PROGRAM
GRANT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY FOR THE TANK
PAINTING AND MIXING PROJECT
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND
AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO
ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT
ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN
CONNECTION WITH THE TANK PAINTING AND MIXING PROJECT."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2726, BK 12)
APPROVE PADUCAH WATER'S ACCEPTANCE OF A CLEANER WATER PROGRAM
GRANT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY FOR THE AIR
STRIPPING PROJECT
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND
AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO
ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT
ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN
CONNECTION WITH THE AIR STRIPPING PROJECT."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2727, BK 12)
APPROVE PADUCAH WATER'S ACCEPTANCE OF A CLEANER WATER PROGRAM
GRANT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY FOR THE
HYDRAULIC MODEL UPDATE PROJECT IN WEST McCRACKEN
Commissioner Guess, offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND
AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO
April 11 2023
ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT
ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN
CONNECTION WITH THE HYDRAULIC MODEL UPDATE PROJECT IN WEST MCRACKEN
COUNTY."
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (MO #2728, BK 12)
ORDINANCE ADOPTIONS
APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL
FIREFIGHTERS OF PADUCAH, LOCAL 168 (IAFF)
Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND
PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS." This Ordinance is summarized as follows: This Ordinance
authorizes the Mayor to execute an Agreement with the Professional Fire Fighters of Paducah,
Local 168, International Association of Fire Fighters. This agreement will become effective July 1,
2023, and expire on June 30, 2026.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD NO. 2023-04-8768, BK 36)
APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH
POLICE DEPARTMENT BARGAINING UNIT
Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH
POLICE DEPARTMENT BARGAINING UNIT." This Ordinance is summarized as follows: That
the Mayor is hereby authorized to execute an agreement and other associated documents between
the City of Paducah and the Paducah Police Department Bargaining Unit. This Agreement shall be
effective from July 1, 2023, to June 30, 2026.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD NO. 2023-04-8769, BK 36)
AMEND CODE OF ORDINANCES CHAPTER 106 TAXATION FOR EFFICIENCY IN
PAYROLL TAX PROCESSING
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 106,
SECTION 106-180 "DEFINITIONS" AND 106-184 "DEDUCTIONS AND WITHHOLDING OF
LICENSE FEES BY EMPLOYER; EMPLOYER TO FILE RETURNS AND PAY LICENSE FEES
TO CITY, DUE DATE TO FILE RETURNS AND PAY LICENSE FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY" This Ordinance is summarized as
follows: This Ordinance amends Chapter 106 of the Code of Ordinances of the City of Paducah,
Sections 106-180 and 106-184 regarding electronic filing requirements for payroll processors. This
April 11 2023
ordinance amendment will require payroll processors who administer and process the payroll of six
(6) or more employers per quarter to submit the returns through an electronic means.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray
(5). (ORD NO. 2023-04-8770, BK 36)
ORDINANCE INTRODUCTIONS
AUTHORIZE MAYOR TO ENTER INTO AN AGREEMENT WITH PCC SPORTS FOR
THE CONSTRUCTION OF PICKLEBALL COURTS AT NOBLE PARK IN AN AMOUNT
OF $701,967
Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH PRECISION CONSTRUCTION &
CONTRACTING, LLC (PCC SPORTS) IN AN AMOUNT OF $701,967.00 FOR THE
CONSTRUCTION OF PICKLEBALL COURTS AT NOBLE PARK AND 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 accepts the bid of PCC Sports for the construction of eight (8) pickleball courts at Noble
Park using post tension concrete and including electrical and lighting in the amount of $701,967.00
and authorizes the Mayor to execute the agreement with PCC Sports. Further, the annual budget for
the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No.
2022-06-8740, is amended by the following re -appropriations:
• Transfer $350,000 from the Investment Fund Fund Balance to the Pickleball
Project Account (PAO125)
APPROVE THE CONSENSUAL ANNEXATION OF A PORTION OF 252 LOCUST
AVENUE
Commissioner Henderson offered motion, seconded by Commissioner Guess that the Board of
Commissioners 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 252 Locust Avenue, containing approximately 1.47 acres of land.
DISCUSSION
Communications Manager Pam Spencer offered the following summary:
Grants Update
City of Paducah Grants Administrator Hope Reasons provided an update of grants activity.
Currently, the City is managing $19.4 million in grant funding. In Fiscal Year 2021-2022 the City
submitted 15 grant applications and was awarded 12. To date in Fiscal Year 2022-2023, the City
April 11 2023
has submitted 16 grant applications. So far, six of those grants have been awarded. Plus, the City
has received a preliminary award letter for the Land and Water Conservation Fund grant which will
be used for upgrades to Keiler Park's playground. Reasons added the City received 20 applications
for Grant -in -Aid funding which had a deadline of March 31.
COMMENTS
Board of Commissioners
• Commissioner Smith clarified a statement published in The Paducah Sun regarding
development off Pecan Drive.
• Commissioner Wilson stated that the Dogwood Trail is lit up this week and encouraged
everyone to get out and see the beautiful trees. She also mentioned that the Quilt Show is in
two weeks.
Audience
Dorothea Davis spoke on diversity in the Community.
Dujuan Thomas expressed his displeasure about David Guess being reinstated as a
Commissioner.
• Jonathan Gerick spoke about budgeting for stormwater and streets.
ADJOURN
Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray
(5)
TIME ADJOURNED: 6:40 p.m.
ADOPTED: April 25, 2023
George P. Bray, Mayor
ATTEST:
Lindsay R. Parish, City Clerk
April 25, 2023
RECEIVE AND FILE DOCUMENTS:
iLfivwty Fite
1. Update of Section 8 Bank Signatories to remove Tommy Hollimon.
Contract File:
1. Change Order 91 — Paducah Riverfront Transient Boat Dock Dredging Project — Dredge
America — MO 92720
2. City of Paducah Fleet Maintenance Agreement with Salem Fire Department — MO 92721
3. Agreement to purchase One SUV — Linwood Motors — MO 92722
4. Agreement to purchase two pickup trucks — Linwood Motors — MO 92723
5. Grant Award — Rockport Bridge — MO 92724
6. Notice of Award — 2023-2024 Resurfacing Program — Jim Smith Contracting —
ORD 2023-03-8766
7. Agreement between City of Paducah and IAFF — July 1, 2023 through June 30, 2026 —
ORD 2023-04-8768
8. Agreement Between City of Paducah and Police Bargaining Unit — July 1, 2023 through
June 30, 2026 — ORD 2023-04-8769
Financials File:
1. Paducah Water — Financial Highlights ending February 28, 2023
Bids
1. Renovation of Robert Cherry Civic Center — MO 92715
2. SUV for use by Paducah Fire Department — MO 92722
a. Linwood Motors* Selected bid
b. Prime Vendor
3. Two pickup trucks for use by Facility Division and Parks Department — MO 92723
a. Linwood Motors* Selected bid
b. Prime Vendor
4. 2023-2024 Resurfacing Program ORD 2023-03-8766
a. Jim Smith Contracting Co., LLC
CITY OF PADUCAH
April 25, 2023
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
Mtrh6Le,Sv olevw
City Manager's Office Signature
4/20/2023
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
April 25, 2023
NEW HIRES - FULL-TIME (F/T
FIRE - PREVENTION
POSITION
RATE
NCS/CS
FLSA
EFFECTIVE DATE
Stevens, Matthew C.
Deputy Fire Marshal
$30.29/hr
NCS
Non -Ex
May 4, 2023
HUMAN RESOURCES
Schofield, Brea J.
Administrative Assistant
$16.50/hr
NCS
Non -Ex
May 8, 2023
PARKS & RECREATION
Kirks, Kennedy M.
Recreation Specialist
$20A8/hr
NCS
Ex
April 27, 2023
POLICE
Miller, Thomas S.
Recruit Officer / Patrolman
$24.87/hr
NCS
Ex
June 1, 2023
NEW HIRES - PART-TIME (P/T)
PARKS & RECREATION
POSITION
RATE
NCS/CS
FLSA
EFFECTIVE DATE
Brisson, Lauren C.
Park Ranger
$14.00/hr
NCS
Non -Ex
May 6, 2023
PAYROLL ADJUSTMENTSITRANSFERS/PROMOTIONSITEMPORARY
ASSIGNMENTS (FULL-TIME)
PREVIOUS POSITION
CURRENT POSITION
E911
AND BASE RATE OF PAY
AND BASE RATE OF PAY
NCS/CS
FLSA
EFFECTIVE DATE
Scutt, Auston
Shift Supervisor
Telecom municator
NCS
Non -Ex
April 20, 2023
$24.04/hr
$20.03/hr
Spears, Amber N.
Assistant Communication Services Manager
Shift Supervisor
NCS
Non -Ex
April 20, 2023
$34.24/hr
$27.60/hr
FIRE - SUPRESSION
Bonds, Robert M.
Firefighter / Relief Driver
Lieutenant
NCS
Non -Ex
May 4, 2023
$17.53/hr
$18.84/hr
Doran, Steven W.
Firefighter / Relief Driver
Lieutenant
NCS
Non -Ex
May 4, 2023
$17.10/hr
$18.84/hr
Holzapfel, Jonathan J.
Firefighter / Relief Driver
Lieutenant
NCS
Non -Ex
May 4, 2023
$17.10/hr
$18.84/hr
Murphy, William C.
Firefighter / Relief Driver
Lieutenant
NCS
Non -Ex
May 4, 2023
$17.53/hr
$18.84/hr
TERMINATIONS - FULL-TIME (FIT)
POLICE
POSITION
REASON
EFFECTIVE DATE
Martin, Carly D.
Records Clerk
Resignation
April 25, 2023
PUBLIC WORKS
Buford, Bryce D.
Maintenance Technician
Termination
April 12, 2023
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Authorize the Application and Acceptance of a Kentucky Office of Homeland Security Grant in
the Amount of $29,130 - B. LAIRD
Category: Municipal Order
Staff Work By: Joseph
Hayes, Hope Reasons
Presentation By: Brian
Laird
Background Information: The State Homeland Security Grant Program (SHSGP) assists states to build,
sustain, and deliver capabilities necessary to prevent, prepare for, protect against, and respond to acts of
terrorism. To be funded, projects must (1)demonstrate a terroristic preparedness nexus, (2) address threats and
hazards identified in the State's Threatand Hazards Identification and Risk Assessments (THIRAs) and the
corresponding National Core Capabilities, and (3)fall under an identified National Priority Area or Enduring
Security Need.The Police Department is requesting $29,130 for a 16 -foot, enclosed trailer for the Bomb Squad.
There is no match required for this grant.
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 the application and acceptance of a KOHS grant in the amount of $29,130
and authorize the Mayor to sign all documentation related to same.
Attachments:
MO - app & award — SHSGP — bomb squad trailer
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION
FOR A KENTUCKY OFFICE OF HOMELAND SECURITY GRANT IN THE AMOUNT OF
$29,130 FOR THE PURCHASE OF A 16 -FOOT ENCLOSED TRAILER FOR USE BY THE
PADUCAH POLICE DEPARTMENT BOMB SQUAD, ACCEPTING ANY GRANT FUNDS
AWARDED BY SHSGP, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application to obtain
a Kentucky Office of Homeland Security Grant in the amount of $29,130 from the State
Homeland Security Grant Program for purchase of a 16 -foot enclosed trailer to be used by the
Paducah Police Department Bomb Squad.
SECTION 2. That the City of Paducah hereby authorizes the acceptance of any
and all grant funds awarded by the State Homeland Security Grant Program and authorizes the
Mayor to execute the Grant Agreement and all related documents.
SECTION 3. There is no match required for this grant.
SECTION 4. This order will 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, April 25, 2023
Recorded by Lindsay Parish, City Clerk, April 25, 2023
\mo\grants\app & award — SHSGP — bomb squad trailer
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Authorize the Application and Acceptance of a Kentucky Office of Homeland Security Grant in
the Amount of $28,085 - E.STUBER
Category: Municipal Order
Staff Work By: Eric Stuber, Amie Clark, Jon Kelley, Joseph
Hayes, Hope Reasons
Presentation By: Eric Stuber
Background Information: The State Homeland Security Grant Program (SHSGP) assists states to build,
sustain, and deliver capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
To be funded, projects must (1 )demonstrate a terroristic preparedness nexus, (2) address threats and hazards
identified in the State's Threatand Hazards Identification and Risk Assessments (THIRAs) and the corresponding
National Core Capabilities, and (3) fall under an identified National Priority Area or Enduring Security Need.The
Technology Deparment is requesting $28,085 in funding for security cameras and system for Public Works and
Parks and Recreation Departments. Public Works would receive an Access Control System for their building and
four security cameras. Parks and Recreation would receive a security camera for the Rotary Health Park. There is
no match required for this grant.
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 the application and acceptance of the KOHS grant and authorize the
Mayor to sign all documents related to same.
Attachments:
MO - app & award — SHSGP — security cameras and system
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION
FOR A KENTUCKY OFFICE OF HOMELAND SECURITY GRANT IN THE AMOUNT OF
$28,085 FOR THE PURCHASE OF A SECURITY CAMERAS AND SYSTEM FOR USE BY
THE PUBLIC WORKS AND PARKS AND RECREATIONS DEPARTMENTS, ACCEPTING
ANY GRANT FUNDS AWARDED BY SHSGP, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application to obtain
a Kentucky Office of Homeland Security Grant in the amount of $28,085 from the State
Homeland Security Grant Program for purchase of a security cameras and system to be used by
the Public Works and Parks and Recreations Departments. Public Works would receive an
Access Control System for their building and four security cameras. Parks and Recreation would
receive a security camera for the Rotary Health Park.
SECTION 2. That the City of Paducah hereby authorizes the acceptance of any
and all grant funds awarded by the State Homeland Security Grant Program and authorizes the
Mayor to execute the Grant Agreement and all related documents.
SECTION 3. There is no match required for this grant.
SECTION 4. This order will 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, April 25, 2023
Recorded by Lindsay Parish, City Clerk, April 25, 2023
\mo\grants\app & award — SHSGP — security cameras and system
SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
This Settlement Agreement and Release is made and entered into on this I C04 day of April,
2023, by DAVID GUESS (hereinafter referred to as "PLAINTIFF") and the CITY OF PADUCAH,
GEORGE BRAY, SANDRA WILSON, RAYNARLDO HENDERSON, AND ROBERT SMITH, in
their individual and official capacities, (who shall hereinafter be referred to collectively as
"DEFENDANTS")
WITNESSETH
WHEREAS, PLAINTIFF filed a lawsuit/appeal against DEFENDANTS, before the
McCracken Circuit Court (Case No. 23 -CI -00071), which has since been removed to the United States
District Court, Western District of Kentucky (Case Number 5:23-CV-00028-BJB) (PLAINTIFF's
lawsuit/appeal, the state court case, and the federal court case are hereinafter collectively referred to as
the "Lawsuit")
WHEREAS, the Parties now wish to forever settle and compromise all claims asserted in
PLAINTIFF'S Lawsuit.
WHEREAS, PLAINTIFF has agreed, in exchange for the consideration set forth below and the
other terms of this Agreement, to voluntarily dismiss the Lawsuit against DEFENDANTS, with
prejudice, with each party to pay their own costs.
NOW THEREFORE, for and in consideration of the DEFENDANTS' agreement (1) that the
"Order Granting Motions for Injunctive Relief' entered by the Circuit Court of McCracken County,
Kentucky on February 3, 2023, shall remain in frill force and effect for the tenure of PLAINTIFF'S
current term, which runs until December 31, 2024; and (2) to refrain from censuring PLAINTIFF for
the text messages lie sent to a City employee on November 8, 2022, PLAINTIFF hereby agrees to
dismiss with prejudice all claims and/or litigation against DEFENDANTS set forth in the Lawsuit,
1
with each party to pay their own costs and attorney's fees associated with the administrative hearing
before the DEFENDANTS and the Lawsuit. Within ten (10) days of the execution of this Agreement,
counsel for Plaintiff and counsel for DEFENDANTS will file an Agreed Order of Dismissal with the
Court. PLAINTIFF's agreement to dismiss his claims set forth in the Lawsuit is expressly contingent
upon the Court accepting and entering the Agreed Order of Dismissal. In the event the Court declined
to do so, this Agreement would become null and void and would have no effect on PLAINTIFF or the
DEFENDANTS.
FURTHER, in consideration of the above consideration, the Parties also EXPRESSLY
DECLARE AND AGREE:
1. That all claims, past, present, or future, are disputed, and this frill and final settlement
thereof shall never be treated as evidence of liability, nor as an admission of responsibility at any time
or in any manner whatsoever. This settlement is a compromise of disputed claims and the actions
agreed to herein are not to be construed as an admission of liability by or against any party hereto.
2. That although the DEFENDANTS believe PLAINTIFF'S actions and/or conduct on
November 8, 2022, was misconduct as that term is used in KRS 83A.040, DEFENDANTS have
nevertheless determined that a settlement of PLAINTIFF'S Lawsuit is in the best interest of the City
of Paducah and/or its citizens.
3. That although PLAINTIFF believes that his actions and/or conduct on November 8,
2022, were not misconduct as that term is used in KRS 83A.040, and that the DEFENDANTS
wrongfully removed him from office, PLAINTIFF has nevertheless determined that a settlement of
PLAINTIFF's Lawsuit is in the best interest of the City of Paducah and/or its citizens.
4. That the preliminary injunction which was issued by McCracken Circuit Court as a
temporary injunction on February 3, 2023, shall remain in frill force and effect and is enforceable by
2
PLAINTIFF against DEFENDANTS in the event that DEFENDANTS violate the terms of the
injunction.
5. That the parties will include the following language in their Agreed Order of Dismissal,
which is intended to preserve and keep the state court's temporary injunction of February 3, 2023, in
full force and effect during the remainder of PLAINTIFF's current term of office:
"The `Order Granting Motions for Injunctive Relief,' which was entered by the
Circuit Court of McCracken County, Kentucky on February 3, 2023, and which
remains in frill force and effect in this Court pursuant to 28 U.S.C. § 1450, is
not amended or dissolved and shall remain in full force and effect even after
entry of this Agreed Order."
6. That the DEFENDANTS will not censure PLAINTIFF for any reasons arising from or
related to his actions and/or conduct on November 8, 2022, or the Lawsuit.
7. That PLAINTIFF agrees to not retaliate against any City employee, officer, or agent
who was involved in and/or reported the incident that was the subject of the administrative hearing that
resulted in PLAINTIFF'S removal from office of City Commissioner and/or who otherwise
participated in the hearing or the process leading up to the charges being filed against him.
8. That DEFENDANTS, their employees, officers, and agents, agree not to retaliate
against PLAINTIFF, in his official or individual capacities, or PLAINTIFF's immediate family
members who are employed by the City of Paducah, as a result of PLAINTIFF's conduct on November
8, 2022, the administrative hearing held before the DEFENDANTS, and/or the institution and/or
pursuit of the Lawsuit.
9. That this full and final release shall cover and include any and all fixture damages
arising from the Lawsuit and the claims set forth therein, whether known or unknown to PLAINTIFF
which may later develop or be discovered, including the effects or consequences thereof and including
all causes of action therefore.
3
10. That nothing contained herein shall prohibit DEFENDANTS from issuing a joint or
separate press release relating to this Agreement and the conduct of PLAINTIFF.
11. That nothing contained herein shall prohibit PLAINTIFF from issuing a statement or
press release relating to this Agreement and the conduct of the DEFENDANTS.
12. That nothing contained herein shall prohibit DEFENDANTS from bringing charges
against PLAINTIFF with respect to conduct that was not the subject of the KRS 83A.040 charges filed
against PLAINTIFF on December 15, 2022, and that may occur or arise after execution of this
Agreement and dismissal of the Lawsuit.
13. That this Agreement shall be construed and interpreted in accordance with the laws of
the Commonwealth of Kentucky.
14. That this Agreement contains the entire agreement between PLAINTIFF and
DEFENDANTS with regard to the matters set forth in it and shall be binding upon and inure to the
benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.
15. That if any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the hands and seals of the undersigned are set hereunto this
day of April, 2023.
By:
David Guess
4
By
Authorized RepreseniVive of the City of Paducah
By.
STATE OF KENTUCKY
COUNTY OF McCRACKEN
Subscribed, sworn to, and acknowledged before me this 3rd day of April, 2023, by David
Guess.
My commission expires: a�
,�
Janice L. Miller
C*'�'*\
Notary Public, ID KYNP43945 No Ublic, State at Large
State at Large, Kentucky rY g
r..� My Commission Expires on Feb. 12,
STATE OF KENTUCKY
COUNTY OF McCRACKEN
Apr, i
Subscribed, sworn to, and acknowledged before me this 104h day of-Nfafc+, 2023, by
C , an authorized representative of the City of Paducah.
My commission expires: DO
tary Public, Stat at Large
STATE OF KENTUCKY
COUNTY OF McCRACKEN
r,'I
Subscribed, sworn to, and acknowledged before me this �d day ofd, 2023, by
George Bray.
My commission expires: 8 11 L' do5 .
77-4 A
Ga2ry Public, Stat T
at Large kYN"3.5 �" _
STATE OF KENTUCKY
COUNTY OF McCRACKEN } 49�typal
Subscribed, sworn to, and acknowledged before me this 0 day of f llb ar-4, 2023, by
Sandra Wilson.
My commission expires!6'IQr o
Notary Public, State at Large
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STATE OF KENTUCKY
COUNTY OF McCRACKEN )
Apra.
Subscribed, sworn to, and acknowledged before me this day of-; 2023, by
Raynarldo Henderson.
My commission expires:e L, �
STATE OF KENTUCKY
COUNTY OF McCRACKEN
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Notary Public, State at Large ; '�4�,,,,,,��Q•' G�`.
Subscribed, sworn to, and acknowledged before me this -3d
Robert Smith.
My commission expires QS1221 2M4
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7
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Approve the 2023 Annual Plan and Administrative Plan for the Section 8 Program - LASICA
McEWEN
Category: Municipal Order
Staff Work
By: Lasica
McEwen
Presentation
By: Lasica
McEwen
Background Information: Required annually, this Administrative Plan outlines how the Housing Choice
Voucher program, also known as Section 8, is to operate. While most of the program's regulations are
established by HUD, a few local preferences can be made, however these elements must be founded in the
Administrative Plan. Current FMR and adjusted Utility Allowances are also included.
Paralleling the preferences of previous years, the 2023 plan gives local preference to recent victims of domestic
violence, full-time students, families displaced by a federally declared disaster, working families, disabled and
elderly households. Also, a local customization, the 2023 plan continues to require a minimum payment by the
tenant of at least $50.00.
Local preferences include continued participation in the HUD -Veterans Affairs Supportive Housing (HUD-
VASH) program which continues to house 20 veterans, and continued promotion of both the Scholar House
and the Merryman House Initiative.
The 2023 Administrative also includes a more detailed description and procedures regarding the VASH
program.
A public hearing for this Administrative Plan was held on March 24, 2023. No comments were received.
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:
MO sec8-annual plan & utility allowance 2023
2023 Admin Plan
PHA Certification of Compliance 50077 -ST -HCV -HP
Civil Rights Certification 50077 -CR (1)
Streamlined Annual PHA Plan 50075 -HCV
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ADOPTING THE CITY OF PADUCAH, KENTUCKY,
ADMINISTRATIVE PLAN FOR 2023 HOUSING CHOICE VOUCHER PROGRAM,
EFFECTIVE MAY 1, 2023, WITH SAID ADMINISTRATIVE PLAN INCLUDING
REVISIONS TO THE UTILITY ALLOWANCES FOR THE SECTION 8 HOUSING
PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974, AS REVISED
WHEREAS, it is the intent of the City of Paducah to submit an Annual Plan, as
required, to the U.S. Department of Housing & Urban Development to provide decent, safe, and
sanitary rental housing assistance for eligible families and provide opportunities, promote self-
sufficiency and economic independence for the Housing Choice Voucher program participants;
and
WHEREAS, the Utility Allowances and the Fair Market Rent may be updated
each year and as such are reflected in this Annual Plan.
KENTUCKY:
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
SECTION 1. That the City of Paducah, Kentucky, Administrative Plan for 2023
Housing Choice Voucher Program, effective May 1, 2023, is hereby adopted in its entirety.
SECTION 2. That the City of Paducah adopts all revisions of the Utility
Allowances for the Section 8 Housing Program reflecting certain changes in utility rates as
outlined in the Administrative Plan for 2023 Housing Choice Voucher Program, effective May 1,
2023.
SECTION 3. That the Mayor is hereby authorized to execute the Civil Rights
Certification, Certifications of Compliance with PHA Plan, Streamlined Annual PHA Plan and
all other documents related to the adoption of the Administrative Plan.
its adoption.
SECTION 4. This Order will be in full force and effect from and after the date of
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 25, 2023
Recorded by Lindsay Parish, City Clerk, April 25, 2023
molsec8-annual plan & utility allowance 2023
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Authorize the Mayor to enter into an Agreement with PCC Sports for the construction of
Pickleball Courts at Noble Park in an amount of $701,967.00 - A. CLARK
Category: Ordinance
Staff Work
By: Amie Clark
Presentation
By: Amie Clark
Background Information: On February 28, the Board of Commissioners authorized the City Manager to
issue a re -bid for the construction of pickleball courts in Noble Park. The bid was released on March 9,
2023. Bid proposals were due back to the City on March 28, 2023, and were opened publicly. Three (3)
proposals were received from Central Paving, Hellas Construction, and PCC Sports.
This Ordinance authorizes the Mayor to execute an agreement with PCC Sports for $701,967.00 to construct an
8 -court pickleball facility as outlined in the RFP, including electrical and lighting. Funding for the pickleball
courts will be provided by:
• $205,000 - Pickleball Project Account PA0125
• $200,00 - Reallocation of ARPA funds from the Robert Cherry Civic Center Project Account (MR0093)
to the Pickleball Project Account (PA0125)
• $350,000 - Approve a budget amendment from Investment Fund Fund Balance to the Pickleball Project
Account (PA0125)
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Quality of Life, Facilities
Communications Plan:
Funds Available: Account Name: Pickleball Project
Account Number: PA0125
Staff Recommendation: Approval.
Attachments:
ORD budget amend FY2023 — Pickleball Courts PCC Sports
ORDINANCE NO. 2023 -
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
PRECISION CONSTRUCTION & CONTRACTING, LLC (PCC SPORTS) IN AN AMOUNT
OF $701,967.00 FOR THE CONSTRUCTION OF PICKLEBALL COURTS AT NOBLE
PARK AND 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"
WHEREAS, on February 28, the Board of Commissioners authorized the City Manager to
issue a re -bid for the construction of pickleball courts in Noble Park; and
WHEREAS, the bid request was released on March 9, 2023, and opened publicly on March
28, 2023; and
WHEREAS, three (3) proposals were received from Central Paving, Hellas Construction,
and Precision Construction & Contracting (hereinafter "PCC Sports"); and
WHEREAS, the City of Paducah now desires to enter into an agreement with PCC Sports
for the construction of 8 pickleball courts at Noble Park; and
WHEREAS, WHEREAS, the City Commission now wishes to amend the FY2023 budget
to appropriate funding for the construction of said pickleball courts.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Budget Amendment. 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:
• Transfer $350,000 from the Investment Fund Fund Balance to the Pickleball
Project Account (PAO125)
SECTION 2. Recitals & Authorizations. That the City of Paducah hereby accepts the
bid of PCC Sports for the construction of eight (8) pickleball courts at Noble Park using post
tension concrete and including electrical and lighting in the amount of $701,967.00 and
authorizes the Mayor to execute the agreement with PCC Sports and all documents related to
same.
SECTION 3. Funding. That this expenditure shall be paid out of the Pickleball Project
Account PAO125 utilizing the following funds:
• $350,000 utilizing the budget amendment funding authorized in Section 1
above.
• $200,000 of ARPA funding dollars previously allocated to the Robert Cherry
Civic Center Renovation which are no longer needed for said renovation
project.
• Existing funds budgeted in Project Account PAO125
SECTION 4. 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 5. 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 6. 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 7. 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\FIN\budget amend FY2023
— Pickleball Courts PCC Sports
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Approve the closing of 4,356 Square Feet of Monroe Street Between 200 & 306 North 2nd Street
- R. MURPHY
Category: Ordinance
Staff Work By: Josh Sommer, Melanie Townsend
Presentation By: Rick Murphy
Background Information: The following adjacent property owner has submitted an executed application
requesting the closure of 4,356 Square Feet of Monroe Street Between 200 & 306 North 2nd Street
Calvin Rex Smith
On March 6, 2023, the Paducah Planning Commission held a public hearing and made a positive
recommendation to the City Commission for the closure. All of the utility companies have agreed to this
closure.
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: To adopt an ordinance authorizing the closure of 4,356 Square Feet of Monroe
Street Between 200 & 306 North 2nd Street and authorizing the Mayor to execute the closure plat and all
necessary documents to complete the transfer of property to the adjacent property owner.
Attachments:
ORD Closure of Monroe Street between 200 and 306 North 2nd Street
2. 2nd and Monroe_Application
3. 2nd and Monroe Plat
4. 2nd and Monroe PC Resolution
ORDINANCE NO. 2023 -
AN ORDINANCE PROVIDING FOR THE CLOSING OF 4,356 SQUARE FEET
OF MONROE STREET BETWEEN 200 AND 306 NORTH SECOND STREET,
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of
Monroe Street between 200 and 306 North Second Street, as follows:
Boundary Description
Being 2 adjacent tracts of land in the City of Paducah, Ky., divided by the centerline
of the original 66 ft. wide right-of-way of Monroe Street and on the northeast (Ohio
River) side of 2nd Street, more particularly described as follows:
Tract 1
Beginning at the an (sic) existing Mag Nail and metal cap at the intersection of the
northeast 33' R/W of 2nd Street with the southeast 33' R/W of Monroe Street, corner
to Jim Smith Contracting Co., Inc. (D.B.846-Pg.619, Tract II);
Thence — N24°58'39"W-33.00' to the centerline of Monroe Street, being also 33'
from the center of 2nd Street;
Thence - N64°50'20"E-65.99' along the centerline of Monroe Street to its
intersection with the previously closed portion of Monroe Street dated July 23, 1940,
now Jim Smith Contracting, Inc. (D.B.846-Pg.619);
Thence — S27°17'08"W-33.03' along Smith's line to an existing Mag Nail and metal
cap at the end of the previously closed portion of Monroe Street in the northwest line
of Jim Smith Contracting, Inc. (D.B.846-Pg.619, Tract II);
Thence - S64°50'20"W-67.32' along the existing southeast R/W of Monroe Street to
the point of beginning and containing 2200 Sq. Ft.
Tract 2
Beginning at the an existing Mag Nail and metal cap at the intersection of the
northeast 33' R/W of 2nd Street with the northwest 33' R/W of Monroe Street,
corner to Jim Smith Contracting Co., Inc. (D.B.846-Pg.619, Tract III);
Thence - N64°50'20"E-64.66' along the existing northwest R/W of Monroe Street to
an existing Mag Nail and metal cap at the end of the previously closed portion of
Monroe Street in the southeast line of Jim Smith Contracting, Inc. (D.B.846-Pg.619,
Tract III);
Thence — S27°17'08"W-33.03' along Smith's line (D.B.846-Pg.619) to the centerline
of Monroe Street, the northeast corner of Tract 1 above;
Thence - S64°50'20"W-65.99' along the centerline of Monroe Street to a point 33'
northeast of the centerline of 2nd Street, the northwest corner of Tract 1 above;
Thence - N24°58'39"W-33.00' to the point of beginning and containing 2156 Sq.Ft.
SECTION 2. In support of its decision to close the aforesaid public way, the
Board of Commissioners hereby makes the following findings of fact:
a. Calvin Rex Smith (d/b/a Jim Smith Contracting) owns the undeveloped
portion of Monroe Street abutting the public way, which the Board of Commissioners has
authorized to be closed as is evidenced by the Public Right -of -Way Closure Application attached
hereto and made part hereof (Exhibit A).
b. On the 6th day of March, 2023, the Paducah Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners
of the City of Paducah closure of the aforesaid public way.
C. There are no other property owners in or abutting the public way or the
portion thereof being closed as is evidenced by the application for street and/or alley closing
which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way,
as described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to
execute the closure plat and all necessary documents to complete the transfer of property to the
property owner in or abutting the public way to be closed to acquire title to that portion of the
public way contiguous to the property now owned by said property owner up to center line of the
said public way. Provided, however, that the City shall reserve such easements upon the above
described real property as it deems necessary. Said deed shall provide the reservation by the
City of Paducah any easements affecting the herein described real property as described in
Section 1 above. Further, the Mayor is hereby authorized, empowered, and directed to execute all
documents related to the street closing as authorized in Section 1 above.
SECTION 5. 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, March 14, 2023
Adopted by the Board of Commissioners,
Recorded by Lindsay Parish, City Clerk,
Published by The Paducah Sun,
\ord\eng\st close\ Closure of Monroe Street between 200 and 306 North 2nd Street
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No.
2023- - adopted by the Board of Commissioners of the City of Paducah at a
meeting held on
City Clerk
Exhibit A
Public Right -of -Way Closure Application
.0er4ka
CITY OF PADUCAH, KENTUCKY
PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION
Date: I ! 3 2— Z—
Application is hereby made to the Mayor and Board of Commissioners for the closing of:
Public Right -of -Way: 14AJo� 'Vbz, of /Glo,.•fDc Strev—i )niujc-,+
Included herewith is a filing fee of Five Hundred Dollars ($560) together with twenty (20) copies of a Plat showing the
Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been
signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be
closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure
Guarantee" must be attached.
Respectfully submitted by all adjoining property owners:
o ?4 �n, \
Signature of Property Owner
Viral 'CR -4L,
Property Owners Name Printed
� �.,�.
Address �,��
Signature of Property Owner
Property Owner's Name Printed
Address
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instruinent was swom to and acknowledged
befog�a�this da of V�20L1,
by IY W 12tac, I�
My Commission expires `ylig X23
otary Public,Wate at Large
SEAL
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The foregoing instrument was sworn to and acknowledged
before me this day of _ 20`,
by
My Commission expires
Notary Public, State at Large
SEAL
it
Signature of Property Owner
Property Owner's Name Printed
Address
Signature of Property Owner
Property Owner's Name Printed
Address
Signature of Property Owner
Property Owner's Name Printed
Address
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me this day of 20�
by
My Commission expires
Notary Public, State at Large
SEAL
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me this day of , 20_,
by —
My Commission expires
Notary Public, State at Large
SEAL
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me this day of .20—
by 90_,by
My Commission expires
Notary Public, State at Large
SEAL
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A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING
COMMISSION ON THE PROPOSED CLOSING OF 4,356 SQUARE FEET OF MONROE STREET
BETWEEN 200 & 306 NORTH 2t STREET.
WHEREAS, a public hearing was held on March 6, 2023 by the Paducah Planning Commission after
advertisement pursuant to law, and
WHEREAS, this Commission has duly considered said proposal and has heard and considered the
objections and suggestions of all interested parties who appeared at said hearing, and
WHEREAS, this Commission adopted a proposal to vacate and close 4,356 square feet of Monroe Street
between 200 & 306 North 2nd Street.
NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION:
SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners
of the City of Paducah to close said Right -of -Way as follows:
Boundary Description
Being two adjacent tracts of land in the City of Paducah, Ky., divided by the centerline of the original 66
ft. wide right-of-way of Monroe Street and on the northeast (Ohio River) side of 2nd Street, more
particularly described as follows:
Tract 1
Beginning at the existing Mag Nail and metal cap at the intersection of the northeast 33' R/W of 2nd
Street with the southeast 33' R/W of Monroe Street, corner to Jim Smith Contracting Co., Inc. (D.B.846-
Pg.619, Tract II);
Thence — N24158'39"W-33.00' to the centerline of Monroe Street, being also 33' from the center of 2'
Street;
Thence - N64°50'20"E-65.99' along the centerline of Monroe Street to its intersection with the
previously closed portion of Monroe Street dated July 23, 1940, now Jim Smith Contracting, Inc.
(D.B.846-Pg.619);
Thence — S27°17'08"W-33.03' along Smith's line to an existing Mag Nail and metal cap at the end of
the previously closed portion of Monroe Street in the northwest line of Jim Smith Contracting, Inc.
(D.B.846-Pg.619, Tract II);
Thence - S64°50'20"W-67.32' along the existing southeast R/W of Monroe Street to the point of
beginning and containing 2200 Sq. Ft.
Tract 2
Beginning at the existing Mag Nail and metal cap at the intersection of the northeast 33' R/W of 2nd
Street with the northwest 33' R/W of Monroe Street, corner to Jim Smith Contracting Co., Inc.
(D.B.846-Pg.619, Tract III);
Thence - N64°50'20"E-64.66' along the existing northwest R/W of Monroe Street to an existing Mag
Nail and metal cap at the end of the previously closed portion of Monroe Street in the southeast line of
Jim Smith Contracting, Inc. (D.B.846-Pg.619, Tract III);
Thence — S27117'08"W-33.03' along Smith's line (D.B.846-Pg.619) to the centerline of Monroe Street,
the northeast corner of Tract 1 above;
Thence - S64°50'20"W-65.99' along the centerline of Monroe Street to a point 33' northeast of the
centerline of 2nd Street, the northwest corner of Tract 1 above;
Thence - N24058'39"W-33.00' to the point of beginning and containing 2156 Sq. Ft.
SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah
Planning Commission respecting the matters appearing herein.
SECTION 3, That if any section, paragraph or provision of this Resolution shall be found to be
inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph
or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and
intent of this Resolution to make each and every section, paragraph and provision hereof separable from
all other sections, paragraphs and provisions.
SECTION 4. Any agreements between the parties that are affected by the closure of these Right -
of -Ways shall be forwarded to the Board of Commissioners with this Resolution.
Bob Wade, Chairman
Adopted by the Paducah Planning Commission on March 6, 2023
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Authorize the Acceptance of Maintenance Responsibilities for City Certain Streets from the
Commonwealth of Kentucky Transportation Cabinet to the City of Paducah - R. MURPHY
Category: Ordinance
Staff Work By: Melanie
Townsend
Presentation By: Rick Murphy
Background Information: On February 27, 2001, the Paducah Board of Commissioners approved
Ordinance 2001-2-6324 authorizing the transfer of maintenance responsibilities to the Kentucky Transportation
Cabinet of certain City streets as follows:
1. Kentucky Avenue from Third Street to S. Water Street
2. S. Water Street from Kentucky Avenue to Broadway
3. Broadway from S. Water Street to Third Street
The City desires to again take maintenance responsibility for these streets. Currently, this section is labeled KY
3238 and comprises 0.383 miles and begins and ends at the following termini: US 45X to US45X/US 60X as
indicated on the attached map.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Authorize the Acceptance and Maintenance Responsibilities for Certain City
Streets from the Commonwealth of Kentucky Transportation Cabinet to the City of Paducah, and Authorizing
the Mayor to Execute all Documents Relating to Same
Attachments:
1. ORD transfer maintenance Kentucky Avenue, Water Street, Broadway
2. Broadway_Water_Kentucky
3. Ordinance 2001-2-6324
ORDINANCE NO. 2023- -
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF MAINTENANCE
RESPONSIBILITIES FOR CERTAIN STREETS FROM THE COMMONWEALTH OF
KENTUCKY TRANSPORTATION CABINET TO THE CITY OF PADUCAH, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
WHEREAS, on February 27, 2001, the Paducah Board of Commissioners
approved Ordinance No. 2001-2-6324, authorizing the transfer of maintenance responsibilities to
the Kentucky Transportation Cabinet of certain City streets including Kentucky Avenue from Third
Street to S. Water Street, Water Street from Kentucky Avenue to Broadway, and Broadway from
Water Street to Third Street; and
streets.
WHEREAS, the City now desires to again take maintenance responsibility for these
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the acceptance of
maintenance responsibility for certain streets from the Commonwealth of Kentucky Transportation
Cabinet as follows:
o Kentucky Avenue from Third Street to S. Water Street
o Water Street from Kentucky Avenue to Broadway; and
o Broadway from Water Street to Third Street.
SECTION 2. That the Mayor is hereby authorized to execute any and all documents
relating to the aforementioned transfer.
SECTION 3. 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 April 25, 2023
Adopted by the Board of Commissioners
Recorded by Lindsay Parish, City Clerk
Published by The Paducah Sun,
Ord/ENG/acceptance maintenance responsibility Kentucky Avenue, Water Street, Broadway
shy
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\%MWMONVY
ti
ORDINANCE NO. 2000-2- C039 q
AN ORDINANCE AUTHORIZING THE TRANSFER OF
MAINTENANCE RESPONSIBILITIES FOR CERTAIN STREETS FROM THE CITY
OF PADUCAH TO THE COMMONWEALTH OF KENTUCKY TRANSPORTATION
CABINET, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATING TO SAME
I i
WHEREAS, the Commonwealth of Kentucky Transportation Cabinet has
expressed interest in acquiring maintenance responsibilities of certain city streets; and
WHEREAS, the City has agreed to transfer maintenance responsibilities
for certain streets to the Commonwealth of Kentucky Transportation Cabinet,
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby transfers maintenance
responsibilities for the following streets to the Commonwealth of Kentucky
Transportation Cabinet:
1. Kentucky Avenue from Third Street to Water Street
2. Water Street from Kentucky Avenue to Broadway
3. Broadway from Water Street to Third Street
SECTION 2. That the Mayor is hereby authorized to execute any and all
documents relating to the aforementioned transfer.
SECTION 3. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
CX
City Clerk
Introduced by the Board of Commissioners February 13, 2001
Adopted by the Board of Commissioners February 27, 2001
Recorded by Lenita Smith, City Clerk, Febi ary 27, 2001
Published by The Paducah Sun % 9,0O /
ord/TransferProp
23
Agenda Action Form
Paducah City Commission
Meeting Date: April 25, 2023
Short Title: Establish an Energy Project Assessment District for Energy Projects in Paducah - D. JORDAN
Category: Ordinance
Staff Work By: Daron Jordan, Lindsay Parish, Jonathan Perkins,
Michelle Smolen, Nicholas Hutchison
Presentation By: Daron Jordan
Background Information: KRS Sections 65.205 to 65.209 (the "EPAD Act") authorize local governments
in the Commonwealth of Kentucky, including cities, to establish programs to advance the conservation and
efficient use of energy and water resources within their jurisdictions by allowing for eligible energy projects to
be financed by assessments imposed upon the real property being improved through those energy projects.
In order to establish an energy project assessment district ("EPAD") program, the governing body of a local
government must adopt an ordinance providing the terms and conditions of the program. This ordinance
designates the Paducah EPAD and its boundaries, outlines the administration of the EPAD program and the
procedure for the owners of real property located within the EPAD to petition the City for participation in the
program. This ordinance also designates the Finance Department of the City as the collector of the assessments
and authorizes all agreements necessary for the implementation and administration of the EPAD program. This
ordinance authorizes the City Manager to engage a third -parry administrator for the program, if necessary.
As companies petition for specific energy projects, those would come back before the City Commission for
approval.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Community Growth & Downtown
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
ORD Establish EPAD 2023
ORDINANCE NO. 2023 -
AN ORDINANCE ESTABLISHING AN ENERGY PROJECT ASSESSMENT DISTRICT
(EPAD) PROGRAM PURSUANT TO KRS 65.205 TO 65.209 TO ADVANCE THE
CONSERVATION AND EFFICIENT USE OF ENERGY AND WATER RESOURCES
WITHIN THE CITY OF PADUCAH, KENTUCKY BY ALLOWING FOR ENERGY
PROJECTS TO BE FINANCED BY ASSESSMENTS IMPOSED UPON THE REAL
PROPERTY BEING IMPROVED THROUGH THE ENERGY PROJECTS; PROVIDING
THE TERMS AND CONDITIONS OF THE PROGRAM; STATING THE INTENTION
THAT ASSESSMENTS WILL BE UTILIZED TO SUPPORT PRIVATE SECTOR
ENERGY PROJECTS; DESIGNATING THE EPAD AND ITS BOUNDARIES;
PROVIDING FOR THE ADMINISTRATION OF THE EPAD PROGRAM;
DETERMINING THE PROCEDURE BY WHICH OWNERS OF REAL PROPERTY
MAY PETITION THE CITY FOR PARTICIPATION IN THE PROGRAM;
DESIGNATING THE FINANCE DEPARTMENT AS THE COLLECTOR OF THE
ASSESSMENT; AND AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL
AGREEMENTS AND OTHER DOCUMENTS FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE PROGRAM
WHEREAS, KRS Sections 65.205 to 65.209 (the "EPAD Act") authorize local
governments in the Commonwealth of Kentucky, including cities, to establish programs to
advance the conservation and efficient use of energy and water resources within their
jurisdictions by allowing for eligible energy projects to be financed by assessments imposed
upon the real property being improved through those energy projects; and
WHEREAS, to establish an energy project assessment district ("EPAD") program, the
governing body of a local government shall adopt a resolution or ordinance providing the terms
and conditions of the program; and
WHEREAS, the Board of Commissioners (this `Board") of the City of Paducah,
Kentucky (the "City") has determined to establish an EPAD program and provide for the terms
and conditions of the program by the adoption of this Ordinance; and
WHEREAS, the terms and conditions to be provided include the designation of the
EPAD and its boundaries, the administration of the EPAD program, the procedure for the owners
of real property located within the EPAD to petition the local government for participation in the
program, the designation of the Finance Department of the City as the collector of the
assessments, and the authorization of any agreements necessary for the implementation and
administration of the EPAD program; and
WHEREAS, this Board determines it to be in the best interest of the citizens of the City
to establish an EPAD program pursuant to the EPAD Act to enable eligible property owners to
finance qualifying energy projects to their properties through the imposition of assessments on
the improved real property within the City.
NOW, THEREFORE, be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. By this Ordinance and pursuant to KRS §§ 65.205 to 65.209 (the "EPAD
Act") there is established an energy project assessment district ("EPAD") program within the
boundaries of City of Paducah, Kentucky (the "City") to advance the conservation and efficient
use of energy and water resources within the City by allowing for eligible energy projects to be
financed by assessments imposed upon the real property being improved through those energy
projects (the "EPAD Program"). All capitalized terms used in this Ordinance where the rules of
grammar would not otherwise require capitalization and not defined in this Ordinance shall have
the meanings given to them in the EPAD Act, particularly KRS § 65.205.
SECTION 2. As authorized under the EPAD Act, the City intends to use the assessments
on relevant real property imposed under the EPAD Program to support private sector Energy
Projects.
SECTION 3. The EPAD is designated the "City of Paducah EPAD." The boundaries of
the City of Paducah EPAD shall include the entire geographic territory of the City.
SECTION 4. The EPAD Program shall be administered by the City (initially, the
"Program Administrator"). If so determined by the City Manager, the City is authorized to engage
a third -party EPAD Program Administrator to administer the EPAD Program, and from and after
that time such administrator shall be the "Program Administrator." In addition to the actions and
determinations specifically described in this Ordinance (as it may be amended and in effect from
time to time), the Program Administrator may take such further actions and exercise such further
discretion as may be necessary for the efficient and effective administration of the EPAD Program,
provided that all such actions and discretion shall at all times be authorized under the EPAD Act
and shall not be inconsistent with the terms and conditions of the EPAD Program set forth in this
Ordinance. Without limiting the generality of the foregoing, the Program Administrator may from
time to time develop additional eligibility criteria, develop or adopt a handbook for the EPAD
Program, develop a standard application form, and retain third -party services in association with
the management and operation of the EPAD Program, all of the costs of which shall be paid from
fees collected with assessments imposed under the EPAD Program.
SECTION 5. In order to participate in the EPAD Program, all of the owners of record
(acting as described in Section VIL8. of this Ordinance) of real property located within the City of
Paducah EPAD shall submit an application to the Program Administrator. For all purposes of the
EPAD Act, the application shall constitute the "petition" described in KRS § 65.206(2)(a)(3) and
KRS § 65.207(2)(a)(1) and the "request" described in KRS § 65.206(4). The Program
Administrator shall review any application and any documents or instruments submitted with the
application (collectively, the "Application") and determine whether the Application and the
information described in the Application complies with the terms and conditions of the EPAD
Program as set forth in this Ordinance and the EPAD Act, each as they may be in effect at any
time. If the Program Administrator determines that the Application and the information described
in the Application comply with the terms and conditions of the EPAD Program and the EPAD Act,
the Program Administrator shall evidence the approval of the Application by countersigning the
Application. The Program Administrator's approval of the Application shall constitute the
authorized official's approval of a request from the owner of record of real property under KRS §
65.206(4).
SECTION 6. As authorized under KRS § 65.206(4), following the Program
Administrator's approval of the Application and upon the execution of a financing agreement in
connection with the Application, the City may impose an assessment upon the real property, which
shall be used to repay the owner's financing of an Energy Project on that property and the costs of
any upgrades to the electrical or gas distribution system connected to that property necessary to
accommodate the Energy Improvement. The financing for Energy Projects under the EPAD
Program may be provided by any third party or, if authorized by the Local Government, by any
Local Government that may validly provide such financing.
In order to impose the assessment, and as authorized under KRS § 65.207, an Application approved
by the Program Administrator shall be forwarded to the City along with a proposed financing
agreement for the Energy Project described in the Application and a proposed notice of assessment
in the form required under KRS § 65.207(3). This Board then may adopt legislation approving and
authorizing the financing agreement and the notice of assessment and imposing the assessments.
If approved, the financing agreement and the notice of assessment each shall be executed, and the
notice of assessment shall be filed in the real property records of the City.
SECTION 7. In order to be eligible to participate in the EPAD Program, all of the owners
of record (acting as described in subsection 8 below) of real property located within the EPAD
shall submit an Application setting forth the following matters and containing the following
elements:
1. The names and addresses of all of the owners of record of the real property;
2. The addresses, parcel identification numbers, legal descriptions, or other identifying
information for the real property to be assessed sufficient to allow the Program
Administrator to determine that the real property is located within the EPAD and for the
City to impose assessments on the real property, including, if determined by the Program
Administrator, current title examinations, title insurance commitment letters, or other
documentation of ownership and identify of the real property;
3. A technical description of the Energy Improvements to be installed or modified on the real
property, including the estimated useful life of the Energy Improvements and a review of
the real property's baseline energy or water usage conditions and the energy or water
savings projected to be achieved as a result of the Energy Project;
4. An estimated budget and an estimated timeline for implementation for the Energy Project;
5. Estimated financing terms for the Energy Project, including, if known, the identity of the
provider of the financing;
6. The written consent of the holder of each existing mortgage lien on the relevant property
stating that the lien holder does not object to the imposition of the assessment;
7. The certification of each of the owners of record of the real property that:
a. The identity of the owners, the identity of real property, the attributes of the Energy
Project, the estimated terms of financing, the identify and consent of all holders of
mortgage lines on the property, and all other matters described in the Application
are true and correct as of the date of submission of the Application;
b. The owners, the real property, the Energy Project, and the financing described in
the Application are eligible for participation in the EPAD Program under its terms
and conditions and under the EPAD Act;
c. None of the owners in the last three years have filed for bankruptcy protection or
had a petition in bankruptcy filed against them which was not dismissed within 30
days; and
d. That the real property is current in the payment of all obligations secured by the
real property upon which the Energy Project will be installed or modified, including
property tines, assessments, and tax liens and that the real property has had no
delinquencies within the past three years or since the acquisition of title to the real
property if less than three years.
8_ Be signed by all of the owners of record of the real property to be assessed or by any one
or more of them or by any one or more of their authorized agents, each of which is duly
authorized to execute instruments binding the real property and any non -signing owners,
as such authorization may be sufficiently evidenced to the Program Administrator in the
Program Administrator's sole discretion;
9. Such other information, documents, materials, statements, certifications, waivers, or
signatures as the Program Administrator may reasonably require from time to time in order
to determine the compliance of the Application and the Energy Project described in the
Application with the terms and conditions of the EPAD Act and the EPAD Program.
SECTION 8. Unless altered by the Program Administrator in accordance with Section N
of this Ordinance, initially all Energy Improvements, Energy Projects, and Real Property (as
defined in KRS § 65.205(6) to exclude residential property consisting of fewer than five units)
eligible for participation in an EPAD program under the EPAD Act and located within the
boundaries of the City shall be eligible for participation in the EPAD Program.
SECTION 9. As authorized under KRS § 65.206(6), the owners of real property approved
for participation in the EPAD Program may directly purchase or acquire by contract, through lease,
power purchase agreement, or other service contract the equipment and materials necessary for the
installation or modification of an Energy Improvement.
SECTION 10. As provided in KRS §§ 65.207(4) and 65.206(c), assessments imposed
upon real property under the EPAD Program shall be collected and distributed by the Finance
Department, or a third party servicer, as designated by the property owner to the City, in the same
manner as other property tines. Unpaid assessments shall bear the same penalty as general state
and local ad valorem taxes. The assessments, together with any interest and penalties, shall
constitute a first and prior lien against the real property on which they are imposed from the date
on which the notice of assessment is recorded pursuant to the EPAD Act until paid. The lien of the
assessments shall have the same priority status as a lien for any other state or local ad valorem tax
upon the property.
SECTION 11. As authorized under KRS § 65.206(2)(c)(2), the City may impose a fee on
participating property owners to offset the costs of administering the program in an amount which
may be determined from time to time by the City, provided that any fee so imposed shall not
exceed the cost of services performed. The cost of services performed shall include any fees or
expenses to or of the Program Administrator. Any fees so imposed may be paid by property owners
or any other persons at the closing of the financing of the costs of the related Energy Project, may
be included within the financed costs of the Energy Project, may be added as an additional portion
of each installment of the assessments, or any combination of the above.
SECTION 12. In order to provide for the efficient collection, distribution, and enforcement
of the assessments imposed under the EPAD Program, and as authorized under KRS §
65.206(2)(d) the Mayor is hereby authorized to execute all agreements, instruments, or certificates
as may, in the City Manager's discretion, be necessary and appropriate in connection with the
implementation and establishment of the EPAD Program.
SECTION 13. The terms and conditions of the EPAD Program set forth in this Ordinance
may be amended by an Ordinance adopted by the City, except that, as provided in KRS §
65.206(2)(b), no amendment shall be adopted to retroactively change the conditions under which
an existing assessment was imposed, unless all of the owners of record (acting as described in
Section VII.8. of this Ordinance) of the affected real property consent to the amendment in writing.
SECTION 14. This Ordinance shall be in effect and in full force from and after its passage,
publication, and recording, according to law_
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\Establish EPAD 2023
CERTIFICATE OF RECORDING OFFICER
I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the
City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance No.
held on
adopted by the governing body of the City of Paducah, Kentucky at a meeting duly
, 2023; and that this official action appears as
a matter of public record in the official records or journal of the City of Paducah; and that said
meeting was held in accordance with all applicable requirements of Kentucky law, including
Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum
was present at the meeting; and that this official action has not been modified, amended, revoked
or repealed and is now in full force and effect.
IN TESTIMONY WHEREOF, witness my signature, below, on 12023.
Lindsay Parish, City Clerk
Agenda Action Form
Paducah City Commission
Short Title: Dog Park Design Discussion - A. CLARK
Category: Municipal Order
Meeting Date: April 25, 2023
Staff Work
By: Arnie Clark
Presentation
By: Arnie Clark
Background Information: Authorize the City Manager to proceed with the Sports Complex working group
for design of Dog Parks and to issue a Request for Proposals for the construction of a small dog enclosure and a
large dog enclosure to be located in the area known as the Anna Baumer, in Noble Park, as agreed to in the
Interlocal Agreement. On September 7, 2022 the City of Paducah entered into an Interlocal Agreement with the
McCracken County Fiscal Court, and the McCracken County Sports Tourism Commission for the construction of a
Sports Complex.
On March 28, the Board of Commissioners approved a Municipal Order for the dog parks located in Stuart
Nelson Park to be relocated to the Anna Baumer Field site in Noble Park. Per the Interlocal Agreement, the
relocation of the dog parks, like for like, will be funded through the Sports Complex project. Additional
amenities desired by the City above like for like will be funded by the City.
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
Attachments: None