HomeMy WebLinkAbout12-15-2022December 15, 2022
At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday,
December 15, 2022, at 4:00 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 Gault, Guess, Henderson, Wilson and Mayor
Bray (5).
INVOCATION
Commissioner Henderson led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
Communications Manager Pam Spencer offered the following summaries:
City Government of the Year Presentation
"Kentucky League of Cities (KLC) Chief of Staff Martha Cosby officially presented
the Paducah Board of Commissioners with the 2022 KLC City Government of the
Year award. The award recognizes a city that has elevated its community through
quality governance or done something transformational for the city. An independent
board of judges from around the state selected Paducah which applied based upon
the City Commission's decision to prioritize the Southside and develop the Southside
Rise & Shine Neighborhood Spruce Up initiative."
Christmas Parade Award Winners
The 2022 Christmas Parade, which had 95 entries, was held December 3 in
downtown Paducah with the theme Christmas in Candyland. The winners of the
parade are as follows:
• Themed Float — James Sanders Nursery
• Religious Float — Lone Oak Church of Christ
• Non -Float — MelRhea Balloons
School Float — Morgan Elementary School
Band — McCracken County High School
Drill Team — The Rhythm Factory
MAYOR'S REMARKS
Communications Manager Pam Spencer offered the following summary:
Recognition of Commissioner Carol Gault
"The Board presented Commissioner Carol Gault with an engraved appreciation gift
in recognition of her years of service to the City of Paducah. Commissioner Gault's
term officially ends December 31. She has served as City Commissioner since
January 2021 with previous terms from 2009 through 2016. Mayor Bray said that he
is honored to serve with Commissioner Gault and thanked her for her leadership on
the 911 Committee."
CONSENTAGENDA
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 November 29, and December 7, 2022 Board of Commissioners Meetings
I(B)
Receive and File Documents
(IC)
Appointment of Alex Blackwell to the Brooks Stadium Commission to replace Bill Pinkston, who
resigned. This term shall expire December 5, 2023
I(D)
Personnel Actions
December 15, 2022
I(E)
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSALS FOR THE INSTALLATION OF NEW LIGHTING
AT THE PADUCAH FLOODWALL DAFFORD MURAL PANELS MO #2677, BK 12
I(F)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
WITH MAGNEGRIP IN THE AMOUNT OF $212,423 FOR THE PURCHASE AND
INSTALLATION OF A SOURCE CAPTURE EXHAUST SYSTEM IN ALL FIVE
PADUCAH FIRE STATIONS
O 92678, BK 12
I(G)
A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED
AT 1721 BROAD STREET FROM RUTH THOMPSON TO THE CITY OF PADUCAH, AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION
CERTIFICATE MO #2679, BK 12 —
I(H)
A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED
AT 1723 BROAD STREET FROM GEORGIA WILLIAMS TO THE CITY OF PADUCAH,
AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION
CERTIFICATE
O #2680, BK 12
I(I)
A MUNICIPAL ORDER APPROVING THE APPLICATION FOR A NATIONAL
ENDOWMENT FOR THE HUMANITIES GRANT IN THE AMOUNT OF $150,000
TO BE USED TO DIGITALLY CAPTURE PADUCAH'S CULTURAL AND HISTORICAL
RESOURCES O #2681, BK 12
I(J)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN
THE AMOUNT OF $98,850 WITH ATLAS ROOFING CONTRACTORS, INC. TO
REPLACE THE RUBBER ROOF MEMBRANE AT THE WEST KENTUCKY
MAUSOLEUM LOCATED IN OAK GROVE CEMETERY O #2682, BK 12
I(K)
A MUNICIPAL ORDER ADOPTING A SCHEDULE OF FEES FOR PARKS AND
RECREATION FACILITIES LOCATED IN CITY PARKS IN THE CITY OF PADUCAH,
KENTUCKY, PURSUANT TO CHAPTER 70, PARKS AND RECREATION, OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY MO #2683, BK 12
I(L)
A MUNICIPAL ORDER APPROVING A FUNDING AGREEMENT WITH THE PADUCAH-
MCCRACKEN COUNTY RIVERPORT IN AN AMOUNT OF $90,000 FOR SPECIFIC
PURCHASES AND SERVICES RELATED TO MODERNIZATION OF THE RIVERPORT
AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME
MO #2684, BK 121 1
I(M)
A MUNICIPAL ORDER APPROVING A KENTUCKY DEFERRED COMPENSATION
JOINDER AGREEMENT TO PARTICIPATE IN THE KY 401(K) AND KY 457 PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
MO #2685, BK 12
I(N)
A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH TO ACCEPT COST
OVERRUNS AS IT RELATES TO THE PADUCAH-MCCRACKEN COUNTY SENIOR
CENTER PROJECT AS REQUIRED BY THE COMMUNITY DEVELOPMENT BLOCK
GRANT, AUTHORIZING A SUBRECIPIENT AGREEMENT FOR THE ADMINISTRATION
AND DISBURSEMENT OF GRANT FUNDS AND TO MAKE THE PADUCAH-
MCCRACKEN COUNTY SENIOR CENTER RESPONSIBLE FOR ALL COST OVERRUNS,
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO
SAME (MO 92686, BK 12)
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
RESOLUTION
REALLOCATION OF HUD-VASH VOUCHERS
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, "A RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, SUPPORTING THE
REALLOCATION OF HOUSING AND URBAN DEVELOPMENT VETERANS AFFAIRS
SUPPORTIVE HOUSING VOUCHERS."
December 15, 2022
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and
Mayor Bray (5)
MUNICIPAL ORDERS
AUTHORIZE CITY MANANGER TO ISSUE A REQUEST FOR BIDS — ROBERT
CHRRY CIVIC CENTER
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING
AND DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR BIDS FOR
CONSTRUCTION WORK RELATED TO THE ROBERT CHERRY CIVIC CENTER."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2687, BK 12)
APPROVED REVISED "CITY BLOCK" AMENDED AND RESTATED DEVELOPMENT
AGREEMENT, DEEOD OF CONVEYANCE AND DEED OF ACCESS — WEYLAND
VENTURESDEVELOPMENT
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND
APPROVING A PADUCAH "CITY BLOCK" PROGRAM AMENDED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF PADUCAH AND WEYLAND VENTURES
DEVELOPMENT FOR PROGRAM DEVELOPMENT FOR A FUTURE HOTEL, PARKING,
OPEN SPACE, AND MIXED-USE RESIDENTIAL BUILDING LOCATED AT THE CITY
BLOCK BOUNDED BY SECOND STREET, BROADWAY, NORTH WATER STREET AND
JEFFERSON STREET AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATED TO SAME."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2688, BK 12)
AUTHORIZE PAYMENT IN THE AMOUNT OF $72,500 TO THE PADUCAH-
MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Commissioner Gault offered Motion, seconded by Commissioner Guess that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
FINANCE DIRECTOR TO MAKE PAYMENT TO THE PADUCAH-MCCRACKEN COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY FOR CLEARING AND GRUBBING WORK AT
PROPERTY LOCATED IN INDUSTRIAL PARK WEST IN AN AMOUNT OF $72,500 FOR
ECONOMIC DEVELOPMENT PURPOSES, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS RELATED TO SAME."
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2689, BK 12)
ORDINANCE INTRODUCTIONS
AMEND FY 23 CITY BUDGET TO INCREASE REVENUES AND EXPENDITURES FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BY $1 MILLION
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE 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 is summarized as follows: 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:
• Increase revenues and expenditures for the CDBG Fund by $1,000,000
December 15, 2022
APPROVE A TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH QUAD
STATE INTERNET, LLC.
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, 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 QUAD STATE INTERNET, 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 QUAD STATE INTERNET AND ALL OTHER
DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This
Ordinance formally accepts the bid of Quad State Internet, LLC of November 11, 2022. Further,
this Ordinance grants a ten (10) year, non-exclusive telecommunications franchise to Quad State
Internet, LLC, pursuant to Chapter 108 "Telecommunications" of the Code of Ordinances of the
City of Paducah.
PUBLIC COMMENTS
The following audience members offered comments about the text messages from Commissioner
David Guess to a member of City Staff:
• Yvonne Gray
• Mary Byrne
• J. W. Cleary
• Gil Arterburn
• Dujuan Thomas
• Dorothea Davis
COMMISSIONER COMMENTS
Commissioner Guess read a statement regarding the text message comments.
Commissioner Henderson spoke about the text message comments.
Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board go into
closed session for discussion of matters pertaining to the following topic:
• Issues which might lead to the discipline or dismissal of a member, i.e., Commissioner,
as permitted by KRS 61.810(1)(f).
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
RECONVENE IN OPEN SESSION
Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Paducah
Board of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5)
DISCUSSION RELATED TO PERSONNEL
Communications Manager Pam Spencer offered the following summary:
Resolution Approved by Paducah Board of Commissioners Charging Commissioner David
Guess with Misconduct
"After hearing comments from the public and the Commissioners, the Paducah
Board of Commissioners met for nearly an hour and a half in closed session as
permitted by KRS 61.810(1)(f) for issues which might lead to the discipline or
December 15, 2022
dismissal of a member i.e. City Commissioner. After returning to open session,
Mayor George Bray stated that the Board asked for Commissioner David Guess to
resign related to text messages sent on November 8, 2022, to a City employee which
included language with racial overtones. Commissioner Guess declined. The Board
approved a resolution charging Commissioner Guess with misconduct pursuant to
KRS 83A.040(9). Commissioner Guess is entitled to a full public hearing before the
Board of Commissioners which will be scheduled in the near future."
RESOLUTION RELATED TO CHARGES OF MISCONDUCT
Mayor Bray offered Motion, seconded by Commissioner Henderson, to adopt a Municipal
Order entitled, "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY CHARGING COMMISSIONER DAVID GUESS
WITH MISCONDUCT PURSUANT TO KRS 83A.040(9)" which shall be read in full as
follows:
WHEREAS, on November 8, 2022, Commissioner David Guess sent text messages
to a City employee which included language with racial undertones; and
WHEREAS, minority inclusion has been a Commission priority for the City of
Paducah with all City Commissioners having attended Diversity, Equity, and Inclusion
(DEI) training; and
WHEREAS, the Commission supported the startup and development of the Paducah
Diversity Advocacy Board; and
WHEREAS, the Commission actively supported the Minority Small Business and
Entrepreneurship Training and Development Program at West Kentucky Community and
Technical College; and
WHEREAS, the City sponsored Paducah's first ever Juneteenth celebration with the
Carson Center and the Paducah -McCracken County NAACP and co-sponsored the annual
August 8th Celebration; and
WHEREAS, because the Commission has made minority inclusion a priority mission
through these various programs, City Commission members must be held to the highest
leadership and ethical standards, particularly with respect to racial issues; and
WHEREAS, the City has held its employees to a high standard in this regard such
that racial discrimination and/or harassment is not tolerated and has resulted in termination
of employment with the City; and
WHEREAS, the text messages sent by Commissioner Guess have undermined the
Commission's mission in this regard and negatively impacted City employees; and
WHEREAS, there is probable cause to believe that, in sending the text messages at
issue, Commissioner Guess engaged in misconduct in the performance of his duties as a City
Commissioner.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. On November 8, 2022, Commissioner David Guess sent text messages to
a City employee about an African-American City Commission candidate which included
language with racial undertones, stating "You got duj an (sic) under control" and "Whitey
keeping a black man down." See text message exchange attached hereto as Exhibit A.
Commissioner Guess has admitted that he sent the text messages at issue. See Facebook
Message issued by Commissioner David Guess, attached hereto as Exhibit B.
Section 2. There is probable cause to believe that, in sending these text messages,
Commissioner David Guess engaged in misconduct in the performance of his duties of his
office.
Section 3. Commissioner Guess is hereby charged with misconduct pursuant to KRS
83A.040(9).
December 15, 2022
Section 4. Pursuant to KRS 83A.040(9), Commissioner Guess is entitled to a full
public hearing before the Board of Commissioners, which will be scheduled in the near
future.
Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray
(4). Commissioner Guess abstained (1).
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Henderson that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
TIME ADJOURNED: 6:55 p.m.
ADOPTED: January 10, 2023
George P. Bray,
ATTEST:
P,
ndsay Parish ity Clerk