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Home My WebLink About12-19-2017December 19, 2017 At a Regular Meeting of the Board of Commissioners, held on Tuesday, December 19, 2017, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Holland gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. PROCLAMATION AMERICAN RED CROSS 100' YEAR OF SERVICE Mayor Harless presented a proclamation proclaiming 2017 as the 100th Year of Service to Red Cross Board member Jennifer Rukavina. PRESENTATION(S) PROHIBIT ELECTRONIC SMOKING DEVICES AND TOBACCO SMOKING IN ALL PLACES OF EMPLOYMENT, PLAYGROUNDS, CITY PARKS AND CITY -OWNED RECREATIONAL AREAS Dr. Pat Withrow; CEO of Baptist Health Chris Roty; CEO of Lourdes; Michael Yungman and Health Education Coordinator of Purchase District Health Department Kaylene Cornell requested the City amend its current smoking ban ordinance, which was adopted in 2006, to prohibit not only smoking in public buildings but to include the prohibition of electronic smoking devices and tobacco smoking in all places of employment, playgrounds, city parks and city -owned recreational areas. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. Mayor Harless, asked at the bequest of City Manager Pederson, to remove Item I(D)5, Municipal Order regarding Pump Station #2 Rehabilitation from the Consent Agenda. No other items were removed. The Mayor asked the City Clerk to read the Consent Agenda. I(A) Minutes for the December 12, 2017 City Commission Meeting I(B)l Appointment of Jonathan Perkins and Chris Dye to the Tree Advisory Board to replace Cynthia Jones & Kelly Sanders Dye, respectively, whose terms have expired. These terms shall expire July 26, 2021. I(C)l R&F Documents: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for December 5, 2017 2. Contracts/Agreements: a. Short Form Agreement with HDR Engineering, Inc. for the Buckner Corridor Traffic Study (Executed by City Engineer) 3. McCracken County Solid Waste Management Plan 2018-2022 (MO # 2010) 4. Purchase Area Development District, Inc. Financial Statements for Year Ended June 30, 2017 PROPOSAL FOR PARKS DEPARTMENT Performance of Burial Services at Oak Grove Cemetery 1. Wilbert Vault Co. I(D) l Personnel Actions I(D)2 A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND EDWARD MCMANUS FOR EMPLOYMENT AS DIRECTOR OF 911, AND AUTHORIZING THE MAYOR TO EXECUTE SAME (M.O.#2049; BK 10) I(D)3 A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND TAMMARA TRACY FOR EMPLOYMENT AS PLANNING DIRECTOR, AND AUTHORIZING THE MAYOR 43 December 19, 2017 Mayor Harless offered motion, seconded by Commissioner Wilson, that the items on the Consent Agenda be adopted as above without I(D)5, the municipal order regarding Pump Station #2 Rehabilitation. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) APPROVE FLOODWALL PUMP STATION #2 REHABILITATION — CLEAN WATER STATE REVOLVING FUND (CWSRF) LOAN APPLICATION The City Clerk read the following summary. A MUNICIPAL ORDER AUTHORIZING AN APPLICATION THROUGH THE KENTUCKY ENERGY AND ENVIRONMENT CABINET AND KENTUCKY INFRASTRUCTURE AUTHORITY TO OBTAIN A CLEAN WATER STATE REVOLVING FUND LOAN FOR THE FLOODWALL PUMP STATION #2 PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME Motion was made by Mayor Harless, seconded by Commissioner Abraham, that the above motion read by the City Clerk be considered for adoption. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (M.O.#2055: BK 10) ORDINANCES) — ADOPTION FY2017 FINAL REVISED BUDGET ORDINANCE Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY FINAL ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2016, THROUGH JUNE 30, 2017." This Ordinance is summarized as follows: The City of Paducah hereby adopts a final budget for FY2017 that reflects all adjustments made throughout the fiscal year and any adjustments required by the independent financial auditors. The appropriations of City Government for a total of $89,166,290, and summarized by fund as follows: 44 TO EXECUTE SAME (1\4.0.#2050; BK 10) I(D)4 A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND MARTIN RUSSELL FOR EMPLOYMENT AS HUMAN RESOURCES DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME (M.O.#2051; BK 10) I(D)5 A MUNICIPAL ORDER AUTHORIZING AN APPLICATION THROUGH THE KENTUCKY ENERGY AND ENVIRONMENT CABINET AND KENTUCKY INFRASTRUCTURE AUTHORITY TO OBTAIN A CLEAN WATER STATE REVOLVING FUND LOAN FOR THE FLOODWALL PUMP STATION #2 PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME (Remove from Consent Agenda) I(D)6 A MUNICIPAL ORDER AUTHORIZING A CONTRACT BETWEEN ESRI AND THE CITY, ON BEHALF OF THE MEMBERS OF THE MAP—GIS CONSORTIUM, FOR A MULTI -JURISDICTIONAL ENTERPRISE LICENSE AGREEMENT (M.O.#2052; BK 10) I(D)7 A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE PURCHASE OF NEW PLAYGROUND EQUIPMENT — A GAMETIME DRUM CIRCLE FOR THE NOBLE PARK BOUNDLESS PLAYGROUND, AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATING TO SAME (M.O.#2053; BK 10) I(D)8 A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN WILBERT VAULT COMPANY AND THE CITY OF PADUCAH FOR BURIAL SERVICES AT OAK GROVE CEMETERY (M.O.#2054; BK 10) Mayor Harless offered motion, seconded by Commissioner Wilson, that the items on the Consent Agenda be adopted as above without I(D)5, the municipal order regarding Pump Station #2 Rehabilitation. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) APPROVE FLOODWALL PUMP STATION #2 REHABILITATION — CLEAN WATER STATE REVOLVING FUND (CWSRF) LOAN APPLICATION The City Clerk read the following summary. A MUNICIPAL ORDER AUTHORIZING AN APPLICATION THROUGH THE KENTUCKY ENERGY AND ENVIRONMENT CABINET AND KENTUCKY INFRASTRUCTURE AUTHORITY TO OBTAIN A CLEAN WATER STATE REVOLVING FUND LOAN FOR THE FLOODWALL PUMP STATION #2 PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME Motion was made by Mayor Harless, seconded by Commissioner Abraham, that the above motion read by the City Clerk be considered for adoption. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (M.O.#2055: BK 10) ORDINANCES) — ADOPTION FY2017 FINAL REVISED BUDGET ORDINANCE Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY FINAL ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2016, THROUGH JUNE 30, 2017." This Ordinance is summarized as follows: The City of Paducah hereby adopts a final budget for FY2017 that reflects all adjustments made throughout the fiscal year and any adjustments required by the independent financial auditors. The appropriations of City Government for a total of $89,166,290, and summarized by fund as follows: 44 December 19, 2017 FUNDS APPROPRIATIONS GENERAL $ 34,635,105 MAP 2,023,000 INVESTMENT 5,022,500 CDBG 209,000 E911 1,756,280 COURT AWARDS 30,750 DEBT 3,468,995 CIP 14,373,185 BOND FUND 8,350,000 SOLID WASTE 7,644,750 TRANSIENT BOAT DOCK 5,000 CIVIC CENTER 95,100 RENTAL 134,920 RADIO DEPR 2,435,840 FLEET 558,685 FLEET TRUST 2,058,250 SELF INSURANCE 1,237,105 HEALTH INS 3,773,000 AEPF/PFPF/TRSTS 1,354,825 89,166.290 Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (ORD.#2017-12-8506; BK 35) AMEND FY2018 BUDGET ORDINANCE Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2017-11-8503, ENTITLED, "AN ORDINANCE AMENDING ORDINANCE NO. 2017-06-8487, ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2017, THROUGH JUNE 30, 2018, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT"'. This Ordinance is summarized as follows: That the City hereby amends Ordinance No. 2017-11-8503 to correct an inadvertent error to transfer funds in the amount of $25,000 from the Transient Boat Dock Fund fund reserves instead of the General Fund fund reserves to the Transient Boat Dock Fund. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (ORD.#2017-12-8507; BK 35) AMEND HUMAN RIGHTS COMMISSION ORDINANCE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE REPEALING CHAPTER 58 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING IT IN ITS ENTIRETY." This Ordinance is summarized as follows: This Ordinance will repeal Chapter 58 of the Paducah Code of Ordinances, which governs Human Relations. This Ordinance will further replace Chapter 58 to provide that the city Human Rights Commission shall have the duty of receiving complaints of discrimination based on race, color, religion, national origin, sex, familial status, age, or disability, and of facilitating the filing of such complaints with the Kentucky Commission on Human Rights or such other applicable state or federal agency. This Ordinance also adds gender identity and sexual orientation as categories of discrimination, and grants the city Human Rights Commission the duty to receive and investigate complaints of discrimination based on gender identity and sexual orientation, and to hold hearings and issue orders requiring cessation of such discrimination. PUBLIC COMMENTS REGARDING HUMAN RIGHTS COMMISSION ORDINANCE 45 December 19, 2017 Richard Nelson, Director of Commonwealth Policy Center, voiced his opposition to the adoption of the newly revised Human Rights Commission ordinance. He asked the Board of Commissioners to table the ordinance, to consider the thoughts of the community, and to consider the downside. Andrew Wiggins, stated he is a member of the Human Rights Commission but was not speaking on their behalf, wanted to inform the Board of Commissioners that he supports the changes proposed in the newly revised ordinance. Rodney Campbell, voiced his opposition to the adoption of the newly revised Human Rights Commission ordinance. Alvin Moore, citizen of Paducah, asked that the proposed revised Human Rights Commission ordinance regarding the inclusion of discrimination against sexual orientation and gender identity continue to address the Kentucky Civil Rights Act. Mayor Harless asked General Counsel David Denton to address the issues and concerns of the people who addressed the Board regarding the proposed Human Rights Commission ordinance. Val Fredrich, citizen, asked the Board to not adopt the proposed ordinance. Commissioner Abraham proposed language for an amendment to read, "A business must not be forced to participate in a ceremony or activity against their religious beliefs." After lengthy discussion, between the Mayor, Commissioners, and General Counsel, Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the motion to adopt the Ordinance entitled, "AN ORDINANCE REPEALING CHAPTER 58 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING IT IN ITS ENTIRETY," be withdrawn. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORDINANCES) — INTRODUCTION APPROVE AFSCME CONTRACT Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF PADUCAH AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 1586." This Ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract between the City of Paducah and American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, which will expire June 30, 2021. COMMENTS COMMENTS FROM THE CITY MANAGER No comments were given by the City Manager. COMMENTS FROM THE BOARD OF COMMISSIONERS Mayor Harless said three executive recruitment firms for the city manager position will give presentations at the January 9, 2018, City Commission meeting. EXECUTIVE SESSION Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board go into closed session for discussion of matters pertaining to the following topics: • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f). Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). OPEN SESSION Mayor Harless offered motion, seconded by Commissioner Abraham, that the Board reconvene in Open Session. EP December 19, 2017 Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MOTION Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the City Manager's separation date set as January 12, 2018, in the Severance and Release Agreement adopted on November 14, 2017, be changed to May 15, 2018. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). Meeting ending approximately at 9:30 p.m. ADOPTED: January 9, 2018 City Clerk 47 `A� Mayor