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Home My WebLink About05-14-2019May 14, 2019 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 14, 2019, 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 Assistant City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). INVOCATION Commissioner McElroy gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ADDITIONS/DELETIONS City Manager Arndt requested that two Ordinance introductions be added to the agenda — both pertaining to the Amendment of Chapter 58, "Human Relations" of the Code of Ordinances of the City of Paducah, Kentucky. GRADUATION 2019 Citizen's Academy The members of the 2019 Citizens Academy were introduced to the Commission and received Certificates for their participation in this year's class. PROCLAMATION Neurofibromatosis Awareness Day Mayor Harless presented a proclamation for Neurofibromatosis Awareness Day to Chris, Brittani, Brielle, Cheyanna and Cayden George. Introduction of Police Officers & 911 Communicator Police Chief Brian Laird introduced Police Officers Matthew J. York and Carlos W. Kerley, Jr., and 911 Communicator Rebecca McCall Buckingham Top Chef Experience Sara Bradley shared her experience as a contestant on the show Top Chef with the Commission. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. No one asked for any items to be removed for separate consideration. Mayor Harless asked the Assistant City Clerk to read the items on the Consent Agenda. I(A) Minutes for the April 23, 2019 City Commission Meeting I(B) Receive & File Documents Minute File: 1. Right of Way Bond — QC Communications, Inc. 2. Certificate of Liability Insurance — QC Communications, Inc. 3. Certificate of Liability Insurance — NEA Plumbing, LLC 4. Right -of -Way Bond — Tri-State Fire Protection, Inc. Contract File: 1. Contract For Services between City of Paducah and Yeiser Art Center — 2019 Lowertown Art & Music Festival (City Manager signed) 2. Vendor Obligation Statement — Kentucky Local Records Program — Data Records Management System and Paducah Police Department — MO #2201 3. Administrative Plan for 2019 Housing Choice Voucher Program (Section 8) — MO #2228 4. Certifications of Compliance with PHA Plans and Related Regulations — HUD MO #2228 5. Contract For Services between City of Paducah and Paducah -McCracken County Convention & Visitors Bureau - 2019 Spring Quilt Show MO #2229 6. Preliminary Development Agreement between Weyland Ventures and City of Paducah — MO #2230 7. Change Order #2 — Flood Pump Station 42 Rehabilitation — MO 92231 8. Residential Infill Development Agreement — Greenway Village Subdivision Phase 2- ORD 2019-4-8572 May 14, 2019 Mayor Harless offered motion, seconded by Commissioner McElroy, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) TRANSFER OF FUNDS FROM COMMISSION RESERVE FUND TO THE KRESGE DEMOLITION PROJECT IN THE AMOUNT OF $150,000 Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE COMMISSION RESERVE FUND TO THE KRESGE DEMOLITION PROJECT ACCOUNT IN AN AMOUNT OF 9. Residential Infill Development Agreement — Ridgewood Villas Condominiums Phase 1 — ORD 2019-4-8573 10. Residential Infill Development Agreement — Ridgewood Villas Condominiums Phase II — ORD 2019-4-8573 Financials File: 1. Financials for Paducah Water Works — Periods ended March 31, 2019 I(C) Reappointment of Durwin Ursery to the Paducah Area Transit System Board. This term shall expire June 30, 2022. I(D) Reappointment of Carol Young to the Nuisance Code Enforcement Board. This term shall expire February 26, 2022. I(E) Appoint Kristin Williams to the Paducah -McCracken County Convention and Visitors Bureau to fill the unexpired term of Jay Page, who has resigned. This term shall expire December 31, 2021. I(F) Personnel Actions I(G) A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO APPLY FOR AN ONLINE GRANT THROUGH THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT PORTAL TO REQUEST BETWEEN $10,340 FOR THE FIRE DEPARTMENT TO PURCHASE PUBLIC EDUCATION AND ENGAGEMENT SUPPLIES (MO #2232 BK 11) I(H) A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH PLANNING DEPARTMENT TO APPLY FOR A 2019 U.S. BULLETPROOF VEST PARTNERSHIP GRANT IN AN AMOUNT OF $6,752 THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT (MO 92233 BK 11) I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A 2019 PORT SECURITY GRANT IN THE AMOUNT OF $50,250 FOR THE PADUCAH POLICE DEPARTMENT FOR THE PURCHASE OF A COMMERCIAL DRONE WITH RELATED SOFTWARE, EQUIPMENT AND TRAINING AND AUTHORIZING THE PLANNING DEPARTMENT TO SUBMIT SAID GRANT THROUGH THE ONLINE WEB PORTAL (MO 92234 BK 11) I(J) A MUNICIPAL ORDER APPROVING AN APPLICATION AND ALL DOCUMENTS NECESSARY FOR THE CITY OF PADUCAH PLANNING DEPARTMENT IN PARTNERSHIP WITH THE PADUCAH ART HOUSE ALLIANCE (PAHA) TO APPLY FOR A LINDA AND JERRY BRUCKHEIMER PRESERVATION FUND FOR KENTUCKY GRANT IN AN AMOUNT OF $10,000, FOR THE COLUMBIA THEATER ROOF RESTORATION (MO #2235 BK 11) I(K) A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF A TENNESSEE RIVERLINE PARTNERSHIP AGREEMENT WITH THE MCCRACKEN COUNTY FISCAL COURT AND THE TENNESSEE RIVERLINE IN ORDER TO FULFILL THE TASKS ASSOCIATED WITH THE PILOT COMMUNITY PROGRAM (MO #2236 BK 11) Mayor Harless offered motion, seconded by Commissioner McElroy, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) TRANSFER OF FUNDS FROM COMMISSION RESERVE FUND TO THE KRESGE DEMOLITION PROJECT IN THE AMOUNT OF $150,000 Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER FUNDS FROM THE COMMISSION RESERVE FUND TO THE KRESGE DEMOLITION PROJECT ACCOUNT IN AN AMOUNT OF May 14, 2019 $150,000 FOR EMERGENCY DEMOLITION OF THE KRESGE BUILDING." Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson, Mayor Harless (5). (MO #2237 BK 11) MONETARY CONTRIBUTION FOR ECONOMIC DEVELOPMENT TO SPROCKET, INC., IN THE AMOUNT OF $150,000 Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO MAKE A MONETARY CONTRIBUTION FOR ECONOMIC DEVELOPMENT TO SPROCKET, INC, IN THE AMOUNT OF $150,000, TO BE USED AS LOCAL MATCHING FUNDS FOR THE KENTUCKY CABINET FOR ECONOMIC DEVELOPMENT'S INNOVATION OFFICE REGIONAL INNOVATION FOR STARTUPS AND ENTREPRENEURS (RISE) PROGRAM." Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson, Mayor Harless (5). (MO #2238 BK 11) ORDINANCES) — INTRODUCTION AMEND CHAPTER 58 TO REFERENCE KENTUCKY RELIGIOUS FREEDOM RESTORATION ACT Mayor Harless offered motion, seconded by Commissioner McElroy that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 58 "HUMAN RELATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY," This ordinance is summarized as follows: This ordinance amends the Human Relations Chapter of the Paducah Code of Ordinances to include the following as Section 58-133: "It is the intent of the City Commission that all sections of this Ordinance shall be interpreted in a manner consistent with KRS 446.350, which provides as follows: `Government shall not substantially burden a person's freedom of religion. The right to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities'." AMEND CHAPTER 58 TO REFERENCE KENTUCKY RELIGIOUS FREEDOM RESTORATION ACT Commissioner Abraham offered motion, seconded by Commissioner McElroy that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 58 "HUMAN RELATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY," This ordinance is summarized as follows: This ordinance amends the Human Relations Chapter of the Paducah Code of Ordinances to include the following as Section 58-133: "A private business owner shall not be forced to violate his or her sincerely held religious beliefs." ORDINANCE(S) — ADOPTION AMENDMENT NO. 1 TO THE ENGAGEMENT AGREEMENT WITH MOSS & BARNETT Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. I TO THE ENGAGEMENT AGREEMENT WITH MOSS & BARNETT FOR PROFESSIONAL LEGAL REPRESENTATION IN THE CABLE COMMUNICATIONS FRANCHISE RENEWAL PROCESS AND TO HANDLE OTHER CABLE COMMUNICATIONS ISSUES WITH AN HOURLY RATE OF $510 PER HOUR FOR THE SENIOR SHAREHOLDER AND $195 PER HOUR FOR THE PARALEGAL." This Ordinance is summarized as follows: The City of Paducah approves Amendment No.I to the Engagement Agreement with Moss & Barnett for legal representation related to the Cable Communications Franchise renewal and authorizes the Mayor to execute all documents related to same. This amendment updates the hourly rates for Moss & Barnett's Senior Shareholder to $510 per hour and Paralegal to $195 per hour, removes the not -to -exceed amount, and updates the primary contact person for this project to be the Public Information Officer. May 14, 2019 Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson, Mayor Harless (5). (ORD #2019-8-8574; BK 35) DISCUSSIONS 1. Lee Emmons, Anton Reece, L. V. McGenty and Lisa Stephenson gave an update on the WKCTC Community Scholarship Program. Dylan Howard, a WKCTC graduate who has transferred to Murray State University shared his experience. 2. Glen Anderson gave an update on GPEDC COMMENTS CITY MANAGER COMMENTS ➢ Budget Workshop tomorrow, May 15, 2019, beginning at 5:00 p.m. BOARD OF COMMISSIONERS COMMENTS Commissioner McElroy recognized that this was Skilled Nursing Home Week Commissioner Abraham explained his stand on the Confederate Flag issue Commissioner Wilson ➢ Reported that she attended an Energy Communities Alliance in Washington D.C. ➢ She attended the Creative Symposium — it was well organized and well attended. She congratulated Tammara Tracy and her staff on the event. Mayor Harless commented about the evolution of the Arts portion of the strategic plan being hanging art to inclusion of arts entrepreneurs, businesses and creative industries. PUBLIC COMMENTS ➢ Victoria Terra made a comment on the Human Rights language. "There are two motivating forces — fear and love. Always choose love." ➢ Randy Beeler made a comment about the Confederate Flag issue. It's all about respect EXECUTIVE SESSION Commissioner Abraham offered motion, seconded by Commissioner McElroy, 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 Abraham, McElroy, Watkins, Wilson, Mayor Harless (5). Mayor Harless offered motion, seconded by Commissioner Abraham that the Board of Commissioners reconvene in open session. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson, Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. May 14, 2019 Meeting ended at approximately 8:06 p.m. ADOPTED: May 28, 2019 Brandi Harless, May ATTEST: kacwcwks.�UAO Claudia S. Meeks, Assistant City Clerk