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Home My WebLink About01-09-2018JANUARY 9, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 9, 2018, 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. ADDITIONS/DELETIONS City Manager Pederson asked that the Board remove Item I, D(6), Amend City Manager Severance & Release Agreement, listed under Municipal Orders from the Consent Agenda. RECOGNITION "THE VOICE" TOP 10 FINALIST SHFANN JONES Mayor Harless recognized Shi' Ann Jones, a former resident of Paducah, for placement in the top 10 of the NBC television music/reality show, The Voice. MOTION SUSPEND ORDER OF BUSINESS Commissioner Holland offered motion, seconded by Commissioner Abraham, that the rules for conducting City Commission Meetings be suspended insofar as they are in conflict with the printed agenda for this meeting; otherwise, the rules are to remain in full force and effect. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORDINANCE — ADOPTION APPROVE AFSCME CONTRACT �-- Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORD.#2018-1-8508; BK 35 PRESENTATION(S) CITY MANAGER RECRUITMENT FIRMS The Human Resources Department has been working to receive proposals from recruiting firms to conduct a national search for the next City Manager. At this meeting, three companies made presentations about their services. The three companies are Springsted lWaters Executive Recruitment based in Kansas City, Missouri; Strategic Government Resources (SGR) based in Keller, Texas; and GovHR USA based in Northbrook, Illinois. At the end of the presentations, approximately 6:46 p.m., the Board took about a 7 minute break. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. Mayor Harless, removed Item I, D(6), Amend City Manager Severance & Release Agreement from the Consent Agenda at the request of City Manager Pederson. No other items were removed. The Mayor asked the City Clerk to read the Consent Agenda. I(A) Minutes for the December 19, 2017 City Commission Meeting I(B) l Reappointment of Glen Anderson, Linda Crowe Curtis and Kelm Burchard to the Paducah -McCracken County Convention & Visitors Bureau jointly with the McCracken County Judge Executive. These terms shall expire December 31, 2020. 48 JANUARY 9, 2018 I(C)l R&F Documents: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for December 26, 2017 & January 2, 2018 2. Contracts/Agreements: a. Community Development Block Grant Agreement with the Kentucky Department for Local Government for the Four Rivers Recovery Center (MO # 2035) b. Agreement to Employ Edward McManus as Director of 911 (MO # 2049) c. Agreement to Employ Martin Russell as Paducah Human Resources Director (MO # 205 1) BIDS ENGINEERING/PUBLIC WORKS DEPARTMENT CONSTRUCTION OF CITY HALL PHASE I 1. A & K Construction* 2. Ray Black & Son, Inc. 3. MP Lawson Construction ENGINEERING/PUBLIC WORKS DEPARTMENT RED 4 -DOOR SEDAN VEHICLE FOR FIRE DEPARTMENT -FIRE PREVENTION DIVISION 1. Linwood Motors* 2. Paducah Ford ENGINEERING/PUBLIC WORKS DEPARTMENT ONE (1)1/2 TON 4X4 SSV PICKUP TRUCK FOR FIRE DEPARTMENT -FIRE PREVENTION DIVISION 1. Linwood Motors* 2. Paducah Ford *Denotes recommended bid I(D)1 Personnel Actions I(D)2 A MUNICIPAL ORDER AMENDING SECTION (G), ENGINEERING/PUBLIC WORKS, OF THE FY2017-2018 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY TO REDUCE THE NUMBER OF LABORERS BY TWO AND INCREASE THE TRUCK DRIVER POSITIONS BY TWO (M.O.#2055; BK 10) I(D)3 A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO APPLY TO THE KENTUCKY HERITAGE COUNCIL FOR A 2018 TAX CREDIT ALLOCATION FOR THE CITY HALL RENOVATION PHASE I PROJECT (M.O.#2056; BK 10) I(D)4 A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE HALF -TON 4X4 SSV PICKUP TRUCK FOR USE BY THE FIRE DEPARTMENT - FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O.#2057; BK 10) I(D)5 A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE (1) RED 4 -DOOR SEDAN VEHICLE FOR USE BY THE FIRE DEPARTMENT - FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O.#2058; BK 10) I(D)6 A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN ADDENDUM TO THE SEVERANCE AND RELEASE AGREEMENT WITH CITY MANAGER AND AUTHORIZING THE EXECUTION OF THE ADDENDUM (REMOVED FROM THE CONSENT AGENDA) 49 JANUARY 9, 2018 Mayor Harless offered motion, seconded by Commissioner Wilson, that the items on the Consent Agenda be adopted as above without I(D)6, the municipal order regarding the City Manager's Severance & Release Agreement. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORDINANCE(S) — ADOPTION AMEND HUMAN RIGHTS COMMISSION ORDINANCE Mayor Harless offered motion, seconded by Commissioner Holland, 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 ORDINANCE Before calling for a vote or discussion by the Board, the Mayor allowed 50 minutes for public comments. Due to the large number of people desiring to speak, Mayor Harless allowed 3 minutes for each person commenting and gave priority to City of Paducah residents. Speakers giving support or opposition were as follows: Robert Strong, Nathan Yancy, Thomas Berry, Joshua Ayers, Alvin Moore, Dann Patterson, Valerie Arterburn, David Tindall, Kevin Gaunce, Jen Smith, Gil Arterburn, Mistyanne Yates, Judith Watson, and Heidi Suhreinrich. Commissioner Wilson asked Attorney W. David Denton to address the state law that provides protection for business interests through KRS 446.350. W. David Denton explained that KRS 446.350 prohibits governments from substantially burdening a person's freedom of religion and further clarified the implications of the state law for cities and businesses. After comments by the Mayor and commissioners, she asked if there were any amendments from the commissioners. MOTION Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the proposed ordinance be amended and have the following language added to the ordinance, "no business owner shall be forced to participate in any activity that violates his/her deeply held religious beliefs." Call of the roll, yeas, Commissioner Abraham (1). Nays, Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). Motion did not carry. CALL FOR THE VOTE FOR PROPOSED ORDINANCE The Mayor asked the City Clerk to proceed with roll call for the proposed Human Rights Commission ordinance. Adopted on call of the roll, yeas, Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). Nays, Commissioner Abraham (1). (ORD.#2018-1-8509; BK 35) ORDINANCES) — INTRODUCTION APPROVAL OF CONVEYANCE OF PADUCAH WATER WORKS SURPLUS PROPERTY KNOWN AS THE MASSAC PUMP STATION PROPERTY Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE DECLARING MUNICIPALLY OWNED REAL PROPERTY GENERALLY LOCATED ON MASSAC CHURCH ROAD AND KNOWN AS THE MASSAC PUMP STATION PROPERTY, HELD FOR THE USE AND BENEFIT OF THE COMMISSIONERS OF WATERWORKS OF THE CITY OF PADUCAH, DBA PADUCAH WATER, AS SURPLUS AND APPROVING THE SALE AND TRANSFER OF SAME." This Ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, 50 JANUARY 9, 2018 Kentucky, on behalf of Paducah Water to quitclaim a certain tract of substandard surplus real property generally known as the Massac Pump Station property to Derrick & Shera Miller. FY2018 BUDGET AMENDMENT FOR CITY HALL IMPROVEMENTS PHASE I & GREENWAY TRAIL PHASE V Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of Commissioners introduce an Ordinance 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 annual budget for the fiscal year beginning July 1, 2017, and ending June 30, 2018, Ordinance No. 2017-06-8487, be amended by the following re -appropriations: • Transfer $100,790 from the Boyles Trust Fund within the Capital Improvements Fund to the Greenway Trail Phase V Project • Transfer $256,216 from General Fund fund reserves to the City Hall Phase I Project within the Capital Improvements Fund ACCEPT BID OF A & K CONSTRUCTION FOR PADUCAH CITY HALL IMPROVEMENTS PHASE 1 Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF A & K CONSTRUCTION FOR CONSTRUCTION OF CITY HALL PHASE I PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarizes as follows: The City of Paducah accepts the bid of A & K Construction in an amount not to exceed $4,293,781.00, for construction of City Hall Phase I Project and authorizes the Mayor to execute a contract for same. APPROVE CONTRACT WITH BFW ENGINEERING FOR GREENWAY TRAIL PHASE V DESIGN SERVICES Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE GREENWAY TRAIL PHASE V PROJECT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a Professional Services Agreement between the City of Paducah, Kentucky, and Bacon, Farmer, Workman Engineering & Testing, Inc., in the amount of $45,900.00 for engineering design services for the Greenway Trail Phase V Project. AMEND SMOKING ORDINANCE Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE RELATING TO THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF TOBACCO PRODUCTS IN ENCLOSED PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN MUNICIPALLY -OWNED OUTDOOR AREAS." This Ordinance is summarized as follows: This Ordinance amends Chapter 54 Article II of the Paducah Code of Ordinances to prohibit smoking in enclosed public places, places of employment, and municipally owned outdoor areas. Under this Ordinance, smoking will continue to be prohibited in enclosed public places and will further be prohibited in all places of employment, whether public or private. Additionally, under this Ordinance, smoking is prohibited in certain municipally -owned outdoor areas, with limited exceptions. Discussion was held regarding exemption of private clubs, hotels/motels that offer smoking rooms and enforcement. COMMENTS COMMENTS FROM THE CITY MANAGER Mr. Pederson mentioned solid waste subscribers for recycling has reached over 400. Actual pickup will begin January 22°d COMMENTS FROM THE BOARD OF COMMISSIONERS • Commissioner Abraham -Expressed his concern about regulating smoking in private businesses. • Commissioner Holland -Is very excited about the recycling program and gave kudos to the Engineering -Public Works Department for working so hard to get the program up and running. • Commissioner Wilson asked about the next step in choosing a recruitment firm for the city manager position and if the removal of Item I, (D)6 would be discussed. 51 JANUARY 9, 2018 Mayor Harless responded in regards to Item, (D)6, this item is no longer necessary because City Manager Jeff Pederson has declined the offer to stay until May 15t'. His last day will be this Friday, January 12. Therefore, an interim city manager will need to be appointed. Mr. Pederson recommended Parks Services Director Mark Thompson for the position temporarily and to check with the represented recruitment firms about temporary placement services for a professional interim city manager. MOTIONS INTERIM CITY MANAGER Mayor Harless offered motion, seconded by Commissioner Holland, that Mark Thompson, Director of Parks Services, be appointed as Interim City Manager as of Saturday, January 13, 2018, until further action by the Board. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). HIRING OF RECRUITMENT FIRM FOR THE NEXT CITY MANAGER After discussion about the recruiting firm proposals for the city manager position, Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board accept the proposal of Strategic Government Resources. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). All commissioners and the Mayor thanked Mr. Pederson for his service since December 2010. ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. Meeting ending approximately at 9:03 p.m. ADOPTED: January 23, 2018 City Clerk 52 Mayor