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HomeMy WebLinkAbout11-28-2023November 28, 2023 At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday, November 28, 2023, at 5:00 p.m., at WKCTC, Crounse Hall, Room 101, 4810 Alben Barkley Drive, Mayor George Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to their names: Commissioners Guess, Smith, Wilson, and Mayor Bray (4). Commissioner Henderson arrived at 5:02 p.m. INVOCATION Commissioner Guess led the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. DELETION: Ordinance Adoption Item III -A. Authorizing the Closure of 33,722 Square Feet of Vermont Street Between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview Street. PRESENTATIONS Communications Manager Pam Spencer provided the following summaries: Paducah Civic Beautification Board Annual Business Awards In addition to a special beautification award presented to Dennis Rouleau with Barkley Regional Airport, the Paducah Civic Beautification Board presented annual business awards to the following 17 businesses: Downtown 1. Clymer Law, PLLC, 629 Washington Street 2. Cynthia's Ristorante, 125 Market House Square 3. Market House Theatre Kentucky Avenue Properties Dance MHT Studios, 249 Marine Way 4. Mike's Automotive Repair, 703 S. 3rd Street 5. The Focus Building, 221 Kentucky Avenue Lower Town 6. A.I.R. Studio, 621 Madison Street Midtown Studio 200, 209 Marine Way and 7. Adam Ford State Farm Insurance, 2601 Jackson 8. Jennings & Associates Financial Advisors, LLC, 1920 Broadway 9. Music Garden, Bob Noble Park - El Athol Garden Club, Fleur de Lis Garden Club, Four Seasons Garden Club, LaPetite Fleur Garden Club, Paducah Garden Club, Prestwick Garden Club and Potting Shed Garden Club, City of Paducah Parks & Recreation Department, and several private donors 10. OKN Mercantile, 121 S. 17th Street 11. Pat & Jim Brockenborough Rotary Health Park, 421 N. 13th Street 12. Sullenger Law Office, PLLC, 2508 Jefferson West End 13. Baptist Health Medical Group Pulmonary & Critical Care, 546 Lone Oak Road 14. Chantillies, 540 N. 32nd Street Mall Area 15. Flamingo Row, 2640 Perkins Creek Drive Southside 16. Kolb Park, 1650 S. 6th Street 17. Taco John's, 2201 Bridge Street" Paducah Power Annual Audit "Paducah Power System Director of Finance Doug Handley presented the public power provider's annual audit report. The audit shows that Paducah Power is in a strong position with strong internal controls. The audit did not have any recommendations for improvement." MAYOR'S REMARKS: Communications Manager Pam Spencer provided the following summary: November 28, 2023 "City Block Update Mayor George Bray provided a brief update on the City Block Project in downtown Paducah. The public parking area is open. Mayor Bray is in contact with developer, Weyland Ventures, as Weyland seeks a financing partner to launch the boutique hotel for the Jefferson Street side of the block. However, due to the holidays, Mayor Bray doesn't expect a significant update from Weyland until next year." 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 November 14, 2023, Special Called Meeting of the Board of Commissioners I(B) Receive and File Documents: Deed File.- ile:1. 1.Deed of Conveyance — City of Paducah to Paducah -McCracken County Habitat For Humanity, Inc. — MO #2788 Contract File: 1. Contract Modification No. 2 — Midstates Construction Company, Inc. — Robert Cherry Civic Center - $6,168.52 — MO 92774 2. Consultant Letter Agreement — Amendment No. 1 — Paducah Fire Department Feasibility Study — MO 92675 Financials File: 1. Electric Plant Board Years Ended June 30, 2023 and 2022 2. Transit Authority of Paducah— Year Ended June 30, 2023 Bids File: Contract For Uniform Services for the Fire Department MO #2828 Gall's, LLC I(C) Appointment of Cheryl Sullivan to the Creative & Cultural Council to replace Morgan Walker, who resigned. This term shall expire March 24, 2025. I(D) Personnel Actions I(E) A MUNICIPAL ORDER AUTHORIZING A CONTRACT BETWEEN ESRI AND THE CITY OF PADUCAH, ON BEHALF OF THE MEMBERS OF THE MAP—GIS CONSORTIUM, FOR A MULTI -JURISDICTIONAL ENTERPRISE LICENSE AGREEMENT (MO #2831; BK 13) I(F) AN MUNICIPAL ORDER ACCEPTING THE BID OF JSC TERMINAL, LLC, D.B.A. MID WEST TERMINAL FOR THE CITY'S FUEL SUPPLY FOR THE 2024-2025 CALENDAR YEARS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2832; BK 13) 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 CONTRACT WITH EVRARD COMPANY INCORPORATED — KENTUCKY DIVISION — CONSTRUCTION OF DOG PARKS AND ROADWAY IMPROVEMENTS — NOBLE PARK IN THE AMOUNT OF $612,700 Commissioner Henderson, offered Motion, seconded by Commissioner Guess, that the Board of Commissioners approve a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH EVRARD COMPANY, INC. IN THE AMOUNT OF $612,700 FOR THE CONSTRUCTION OF DOG PARKS AND ROADWAY IMPROVEMENTS IN NOBLE PARK." November 28, 2023 After discussion, Commissioner Smith offered motion, seconded by Commissioner Guess, to amend the motion to enter into the Contract with Evrard Company, Inc., but to exclude Alternative 91 and Alternative 92 as part of the contract. On call of the roll, yeas, Commissioners Guess and Smith (2). Nays, Commissioners Henderson, Wilson, and Mayor Bray (3). Motion Fails. The original motion was adopted on call of the roll yeas, Commissioners Henderson, Wilson, and Mayor Bray (3); Nays Commissioners Guess and Smith. (MO #2833; BK 13) Public comment: Jack Buri thanked the Commission for allowing dog park uses to have input on the new facility. He requested clarification on whether or not the new dog park would be open prior to removing the current park at Stuart Nelson. Mayor Bray confirmed that it is their intention to have the new facility operational before removing the current facility. ORDINANCE ADOPTIONS APPROVAL OF CONTRACT MODIFICATION #1— SOUTH 25T11 STREET IMPROVEMENT PROJECT WITH CENTRAL PAVING CO., IN THE AMOUNT OF $69,535.09 Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING CONTRACT MODIFICATION NO. 1 WITH CENTRAL PAVING CO. FOR THE 25TH STREET IMPROVEMENT PROJECT IN AN AMOUNT OF $69,535.09 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME." This ordinance is summarized as follows: This ordinance authorizes the Mayor to execute Contract Modification No. 1 with Central Paving Co. in the amount of $69,535.09, for a new total contract cost of $1,948,327.39. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-11-8794; BK 36) APPROVAL OF CONTRACT MODIFICATION #2 OF CONSTRUCTION CONTRACT WITH JIM SMITH CONTRACTING, LLC, IN THE AMOUNT OF $127,300 Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $127,300 FOR THE ADDITION OF EIGHT SLUICE GATES, RESULTING IN A FINAL CONTRACT AMOUNT OF $1,815,900 FOR THE FLOODWALL FLAPGATE PROJECT." This ordinance is summarized as follows: This ordinance authorizes the Mayor to execute Contract Modification No.2 with Jim Smith Contracting, LLC to increase the contract in an amount of $127,300, resulting in a final contract amount of $1,815,900. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-11-8795; BK 36) APPROVE RESIDENTIAL INFILL AGREEMENT BY AND BETWEEN CITY OF PADUCAH AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION NOT TO EXCEED $197,991.86 Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A RESIDENTIAL INFILL AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This ordinance approves a Residential Infill Agreement between the City of Paducah and EMD Properties, LLC, for the LaBarri Subdivision for a period of eight (8) years with a total rebate not to exceed $197,991.86 and authorizes the Mayor to execute all documents related to same. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-11-8796; BK 36) November 28, 2023 ORDINANCE INTRODUCTIONS TEXT AMENDMENT OF SECTION 126-76 SIGN REGULATIONS Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 126-76, SIGN REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH KENTUCKY." This Ordinance is summarized as follows: This ordinance accepts and adopts the recommendation of the Paducah Planning Commission dated November 6, 2023, to amend Section 126-76 Sign regulations of the Paducah Zoning Ordinance. The changes are related to the permitting projecting signs in the B-2 Downtown Business Zone, clarifying enforcement of the sign code, revising definitions, bringing the sign code into conformity with the City ofAustin, Texas v. Reagan National Advertising ofAustin, LLC, and creating performance standards for murals. APPROVE A TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH RITTER COMMUNICATIONS Commissioner Smith offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce 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 RITTER COMMUNICATIONS, 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 RITTER COMMUNICATIONS AND ALL OTHER DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This Ordinance formally accepts the bid of Ritter Communications 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 November 11, 2022, and subsequent addendum. Further, this Ordinance grants a ten (10) year, non-exclusive telecommunications franchise to Ritter Communications, pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances of the City of Paducah. AMEND CHAPTER 2, ARTICLE X "CODE OF ETHICS" OF THE PADUCAH CODE OF ORDINANCES' Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH AND ESTABLISHING A CODE OF ETHICAL CONDUCT APPLICABLE TO ALL OFFICERS AND EMPLOYEES OF THE CITY AND CITY AGENCIES." This Ordinance is summarized as follows: This ordinance amends Chapter 2, Article X "Code of Ethics" of the Code of Ordinances of the City of Paducah. This amendment updates definitions, amends dollar limits related to gifts and honoraria from $100 to $200, updates wording related to the misuse of confidential information, defines violations of the Code of Ethics as misconduct, expands financial interest statement requirements to department -head level directors, sets a regular meeting date for the board of ethics, and updates and simplifies the process of filing complaints and the procedure for holding hearings. Further, this ordinance creates new sections related to withdrawal from participation, endorsements, meeting attendance, social media, e-mail and text messages, incompatible offices, equal employment, conduct, City Policies, and City Ordinances. AMEND THE DEFINITION OF PROJECT IN THE SERIES 2020A BOND ORDINANCE TO INCLUDE OTHER PUBLIC PROJECTS Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AMENDING THE DEFINITION OF "PROJECT" IN THE ORDINANCE OF THE CITY DATED NOVEMBER 26, 2019, TO PERMIT THE PROCEEDS OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 2020A TO BE SPENT FOR COSTS OF OTHER PUBLIC PROJECTS." This Ordinance is summarized as follows: This ordinance amends the definition of "Project" as it is used in the Series 2020A Bond Ordinance to reflect the updated project uses. Updated project uses include an outdoor public sports complex, new terminal facilities and improvements at Barkley Regional Airport, new facilities and equipment November 28, 2023 to be utilized by the 911 Communication Services Division of the Police Department, and one or more additional public projects deemed necessary or desirable by the Board of Commissioners. COMMENTS COMMISSIONER SMITH: • Made inquiry regarding the status of the old vacant school located in Forest Hills. The Mayor responded that the Paducah Independent Schools owns that property and it is the obligation of the School Board to address the issue. He further commented that this will be a 2024 initiative for him. CITY MANAGER • Invites everyone to attend the Christmas Parade on Saturday, December 2, 2023. • Thanked all the employees that have decorated around Paducah and for the successful tree lighting ceremony. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: ➢ A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Henderson offered motion, seconded by Commissioner Guess, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) ADJOURN Commissioner Smith offered Motion, seconded by Commissioner Henderson, that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). TIME ADJOURNED: 7:39 p.m. ADOPTED: December 12, 2023 ATTEST: TOJU YL Lindsay R<1j5rish, City Clerk