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Home My WebLink AboutAgenda Packet 06-11-2024 I/a CITY COMMISSION MEETING AGENDA FOR JUNE 11, 2024 5:00 PM s - CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for the May 28, 2024, Board of Commissioners Meeting B. Receive & File Documents C. Reappointment of Carol Young to the Paducah-McCracken County Senior Citizens Board D. Personnel Actions E. Position and Pay Schedule for upcoming Fiscal Year 2025 Cost of Living Adjustments - S.WILCOX F. Job Grade Schedule Updated for Fiscal Year 2025 - S.WILCOX IL MUNICIPAL ORDERS A. Approve the Interim Planning Director Employment Agreement with Carol Gault- D. JORDAN B. Approve Development Agreement with C.I.R.CO Construction for 318 Broadway Street- M. SMOLEN C. Accept the 2024-2026 House Bill 1 Appropriation in the Amount of$3.5 million for the Build Grant Project-H. REASONS & M. TOWNSEND III. ORDINANCE(S) -ADOPTION A. Amend the Code of Ordinances to create a new section of the City of Paducah Zoning Code related to Reasonable Accommodation for Recovery Homes - J. SOMMER B. Approve the Fiscal Year 2025 Budget(07/01/2024 -- 06/30/2025) for the City of Paducah - D.JORDAN & A. KYLE IV. ORDINANCE(S) -INTRODUCTION A. Approve an Ordinance Creating a Real Estate Parcel Fee for the Funding of 911 Services, Maintenance, and Equipment- D. JORDAN V. DISCUSSION A. I Paducah Sports Park Discussion - Steve Ervin &Jeff Canter VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VII. EXECUTIVE SESSION May 28, 2024 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday,May 28, 2024, at 5:00 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, the following answered to their names: Commissioners Guess,Henderson, Smith, Wilson and Mayor Bray (5). INVOCATION Commissioner Smith led the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. EMPLOYEE INTRODUCTIONS Amie Clark introduced Taylor Morsching as Assistant Director of Parks & Recreation. PUBLIC COMMENTS T. J. Davison, Carla Berry, Keaven Moore, Dru Hardin, Tyler Summers,Amanda Otey and John Berry made comments regarding the Noise Ordinance. MAYOR REMARKS Communications Manager, Pam Spencer, offered the following summary: Barkley Regional Airport "Mayor George Bray was happy to announce that the City has received a check in the amount of $361,000 from Barkley Regional Airport. The new airport terminal project was constructed under budget allowing for Barkley Regional Airport to return some of the City and County support funding. The City will use a portion of the funds to pay for the parking lot renovations at the Robert Cherry Civic Center." 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 May 14, 2024, Board of Commissioners Meeting I(B) RECEIVE AND FILE DOCUMENTS: Contract File: 1. Contract with VanHooser Associates to conduct Leadership Training— Signed by City Manager, Daron Jordan May 28, 2024 2. Contract Extension with Vestis Group (original contract was with Aramark)— MO #2476 3. Contract with Routeware, Inc. GPS hardware, etc. for Public Works Refuse Division MO 42514 4. Agreement to Provide Match For Metropolitan Transportation Planning— City of Paducah and Purchase Area Development District—MO #2885 5. Contract with Tennis Technology for the Tennis Court Resurfacing Project— MO #2889 6. Contract with Lake Assault Boats, LLC for purchase of fire and rescue boat for Fire Department—MO #2895 7. Contract with Complete Demolition—Demolition Project of 1501 Broadway (Katterjohn Building)— ORD 2024-03-8806 Bids and Proposals File: 1. Tennis Court Resurfacing Project a. Tennis Technology —MO #2889 b. Innovative Sports Surfacing c. Whitestone Bullitt LLC Personnel Actions I(D) A MUNICIPAL ORDER ACCEPTING THE BID OF RIGHTWAY JANITORIAL SERVICES, LLC IN THE BASE BID AMOUNT OF $53,850 FOR CUSTODIAL SERVICES FOR PUBLIC RESTROOM FACILITIES IN PARKS WITH ADDITIONAL SERVICES AT UNIT PRICING AS REQUIRED BY THE PARKS AND RECREATION DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2897; BK 13) I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A U. S. DEPARTMENT OF JUSTICE (DOJ) BULLETPROOF VEST GRANT PROGRAM IN THE AMOUNT OF $7,550 FOR THE PURCHASE OF TWENTY (20) BODY ARMOR VESTS, ACCEPTING ANY GRANT FUNDS AWARDED BY THE U. S. DEPARTMENT OF JUSTICE,AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2898; BK 13) I(F) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH LIVINGSTON COUNTY EMERGENCY MANAGEMENT, TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME (MO #2899; BK 13) I(G) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH BARKLEY REGIONAL AIRPORT AUTHORITY, TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME (MO #2900; BK 13) May 28, 2024 I(H) A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE (1) ONE-HALF TON PICKUP 4X4 SSV IN THE TOTAL AMOUNT OF $79,000, FOR USE BY THE FIRE DEPARTMENT,AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2901; 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 ORDERS KENTUCKY PRIDE FUND COMPOSTING GRANT Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING A KENTUCKY PRIDE FUND COMPOSTING GRANT IN THE AMOUNT OF $605,071 AND AUTHORIZING 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). (MO #2902; BK 13) CONTRACT FOR SERVICES—BEAUTIFUL PADUCAH— 2024 BBQ ON THE RIVER IN THE AMOUNT OF $75,000 Commissioner Smith offered Motion, seconded by Commissioner Wilson,that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND BEAUTIFUL PADUCAH, INC., FOR BBQ ON THE RIVER 2024, IN AN AMOUNT OF $75,000 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2903; BK 13) RESOLUTIONS RESOLUTION IN SUPPORT OF MEDICAL CANNABIS BUSINESSES Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt a resolution entitled, "A RESOLUTION SUPPORTING MEDICAL CANNABIS BUSINESSES LOCATING IN PADUCAH, KENTUCKY." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). May 28, 2024 RESOLUTION SUPPORTING GOODWILL INDUSTRIES OF KENTUCKY Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a resolution entitled, "A RESOLUTION REQUESTING THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY TO ADOPT A RESOLUTION ISSUING INDUSTRIAL BUILDING REVENUE BONDS TO FINANCE THE GOODWILL INDUSTRIES OF KENTUCKY, INC_ INDUSTRIAL BUILDING PROJECT LOCATED WITHIN THE BOUNDARIES OF THE CITY OF PADUCAH." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). RESOLUTION SUPPORTING PADUCAH HOUSING AUTHORITY IN APPLYING FOR A CHOICE NEIGHBORHOOD INITIATIVE (CNI) GRANT Commissioner Henderson offered Motion, seconded by Commissioner Guess that the Board of Commissioners adopt a resolution entitled, "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY SUPPORTING THE HOUSING AUTHORITY OF PADUCAH'S CHOICE NEIGHBORHOODS PLANNING GRANT APPLICATION AND COMMITING FUNDS TO ITS GRANT MATCH REQUIREMENT IF AWARDED." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). ORDINANCE ADOPTIONS CLOSING OF 2,826 SQUARE FEET OF a 10'ALLEY WEST OF S.24th STREET BETWEEN CENTER STREET AND SEITZ STREET AND THE CLOSING OF 4,046 SQUARE FEET OF A 10"ALLEY WEST OF S. 24TH STREET BETWEEN SEITZ STREET AND BARNETT STREET Commissioner Smith offered Motion, seconded by Commissioner Wilson,that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSURE OF TWO 10' ALLEYS WEST OF 24TH STREET BETWEEN CENTER STREET AND SEITZ STREET AND BETWEEN SEITZ STREET AND BARNETT STREET, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of 2,826 square feet of a 10' alley west of South 24th street between Center Street and Seitz Street, and the closing of 4,046 square feet of a 10' alley west of South 24th Street between Seitz Street and Barnett Street, and authorizes, empowers, and directs the Mayor to execute quitclaim deeds from the City of Paducah to the property owners in or abutting the public way to be closed and all other necessary documents to effectuate the closure. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD NO. 2024-05-8812; BK 37) May 28, 2024 APPROVE AN INTERLOCAL AGREEMENT FOR PROVISIONS OF EMERGENCY 911 SERVICES WITH McCRACKEN COUNTY Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE COUNTY OF MCCRACKEN, KENTUCKY FOR THE PROVISION OF 911 SERVICES." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute an Interlocal Cooperation Agreement between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, for the provision of 911 Services to be served jointly by both public agencies. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD NO. 2024-05-8813; BK 37) ORDINANCE INTRODUCTIONS APPROVE FISCAL YEAR 2025 BUDGET (07/01/2024 — 06/30/2025) FOR THE CITY OF PADUCAH Commissioner Guess offered Motion, second by Commissioner Henderson,that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2024, THROUGH JUNE 30, 2025, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year July 1, 2024, through June 30, 2025,by estimating revenues and resources and appropriating funds for the operation of City Government at$120,854,935, and summarized by fund as follows: FUNDS APPROPRIATIONS 1000 GENERAL $57,637,779 2300 MAP 2,501,705 2400 INVESTMENT 8,315,330 2500 TIF 0 2000 E911 3,721,817 2200 OPIOID 64,200 2700 COURT AWARDS 116,165 2800 ROOM TAX 1,850,650 3000 DEBT 3,617,780 4000 CIP 11,296,250 4200 BOND FUND 15,000,000 5000 SOLID WASTE 6,937,075 TRANSIENT BOAT 5300 DOCK 442,681 1100 RENTAL 154,482 1200 RADIO DEPR 25,035 7000 FLEET MAINTENANCE 879,981 May 28, 2024 7100 FLEET LEASE TRUST 2,425,255 7200 INSURANCE 1,348,140 7300 HEALTH INSURANCE 3,659,420 8100 PFPF 786,765 8400 OTHER TRUSTS 74,425 $120,854,935 REPEAL AND REPLACE CHAPTER 42, ARTICLE IV, NOISE ORDINANCE OF THE PADUCAH CODE OF ORDINANCES Commissioner Henderson offered Motion, second by Commissioner Guess,that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE REPEALING AND REPLACING CHAPTER 42, ARTICLE IV,NOISE ORDINANCE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: It shall be unlawful for any person to intentionally cause any unreasonably loud and disturbing sound in the City, particularly near a school,religious institution, and health care facility. All sounds except music shall be measured using the A weighted decibel scale. Music shall be measured using the C decibel weighted scale, as it has been determined that the C weighted decibel scale is more appropriate in the measurement of mixed sounds such as music. This ordinance establishes decibel levels applicable to residentially-zoned areas, commercially- zoned areas, and manufacturing zoned areas on certain days and certain times. It also sets forth when outdoor speakers and live music are permitted. This ordinance also establishes a procedure in which the Chief of Police can deem a commercial, construction, or industrial area as a chronic noise producer. Finally,this ordinance establishes a process whereby a special permit for noise variance can be obtained by persons with Special Event Permits. The penalty for violation of this ordinance is as follows: In addition to the civil penalties set forth in Section 42-108, any person violating any of the provisions of this Article shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof, shall receive a fine not to exceed $250.00 or a jail sentence not to exceed ninety (90) days for each offense. DISCUSSION: QUARTERLY GRANTS UPDATED Grants Administrator Hope Reasons provided an update of grant activity for the past quarter and a year-to-date summary. (Information can be found in the Minutes File for the 05/28/2024 Meeting) ADDITIONAL PUBLIC COMMENTS Mayor Bray inadvertently omitted Blake Calhoun and Chrystal Galloway from the Public Comments section at the beginning of the meeting. He gave them an opportunity to speak, and they both made comments about the Noise Ordinance. May 28, 2024 COMMENTS FROM CITY MANAGER City Manager Jordan commented that hearts go out to neighboring communities following this weekend's severe weather. Hopkins County requested assistance and the City sent a crew to that area. EXECUTIVE SESSION Commissioner Smith offered Motion, seconded by Commissioner Wilson,that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: • Issues that might lead to the appointment, dismissal, or disciplining of an employee or officer as permitted by KRS 61.810(1)(f). Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). Mayor Bray left the meeting from Executive Session at 7:30 p.m. Mayor Pro Tem Sandra Wilson presided over the remaining meeting. 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, Mayor Pro Tem Wilson (4). ETHICS COMPLAINT ACTION Commissioner Henderson offered Motion, seconded by Commissioner Guess that"Having received an Ethics Complaint, the City Commission has determined that there is no standing under the provisions of KRS. Furthermore, since the Board of Ethics is charged with the investigation of such complaint in strict confidence, the Board of Commissioners and staff cannot comment on this matter until the investigation is concluded so as to not prejudice the investigation by the Board of Ethics." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Mayor Pro Tem Wilson (4). ADJOURN Commissioner Smith offered Motion, seconded by Commissioner Henderson, that the meeting be adjourned. All in favor(4). TIME ADJOURNED: 7:53 p.m. ADOPTED: June 11, 2024 May 28, 2024 George Bray,Mayor ATTEST: Lindsay Parish, City Clerk June 11, 2024 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notification by Jet Insurance Company regarding Bond cancellation for Quad State Internet, LLC Contract File: 1. Resignation and Release—Nic Hutchison 2. Letter to Automated Merchant Systems regarding termination of services provided by AMS—Corebt. Signed by Assistant City Manager Michelle Smolen 3. Contract with Jim Smith Contracting—Cherry Civic Center Parking Lot Rehabilitation— MO #2888 4. LaBarri Subdivision - Termination of Residential Infill Development Agreement—EMD Properties, LLC— MO #2892 5. LaBarri Subdivision - Residential Infill Development Agreement—Willett Enterprises, Inc. MO 42893 6. Contract For Services—Rightway Janitorial Services—City Park Facilities MO 92897 7. Fleet Maintenance Service Agreement with Livingston County Emergency Management —MO #2899 8. Fleet Maintenance Service Agreement with Barkley Regional Airport Authority— MO #2900 9. Agreement to Purchase 1/2 ton pickup 4x4 SSV for Fire Department—MO #2901 10. Contract For Services—Beautiful Paducah—BBQ on the River 2024—MO 92903 Deed File: 1. Quitclaim Deed—City of Paducah to Paducah-McCracken County Senior Citizens— Alley Closure—ORD 2024-04-8807 Financials: 1. Paducah Water Works—Month ended April 30, 2024 Bids and Proposals File: 1. Robert Cherry Civic Center Parking Lot Rehabilitation a. Jim Smith Contracting (MO 42888) b. Central Paving Co. of Paducah 2. Custodial Services for City Park Facilities a. Rightway Janitorial Services (MO 92897) 3. Purchase of one 1/2 ton pickup 4x4 SSV for Fire Department a. Linwood Motors (MO 92901) b. John Jones Auto Group CITY OF PADUCAH June 11,2024 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. r L'!/UV City Manager's Office Signature Date CITY OF PADUCAH PERSONNEL ACTIONS June 11,2024 NEW HIRES•PART-TIME(PYT1 HUMAN RESOURCES POSITION RATE NCS/CS FLSA EFFECTIVE DATE Benjamin,Dwayne Admin Assistant-Temp $12.001hr NCS Non-Ex June 3,2024 PARKS&RECREATION Board,Jada Lifeguard $12.001hr NCS Non-Ex May 30,2024 Hunter,Alaya Recreation Leader-Camp Counselor $12.001hr NCS Non-Ex May 31,2024 Kalb,Blane Lifeguard $12.001hr NCS Non-Ex May 24,2024 Lamoureux,Nicholas Parks Maintenance Laborer $12,00Ihr NCS Non-Ex June 3,2024 McClellan,Kaytlynn R. Recreation Leader-Camp Counselor $12.00/hr NCS Non-Ex June 3,2024 Phil,Dkyan Q. Recreation Leader $12.001hr NCS Non-Ex June 3,2024 Reed,Jayla Pool Attendant $11.001hr NCS Non-Ex June 6,2024 Stanley,Kyla S. Pool Attendant $11.001hr NCS Non-Ex June 1,2024 Swenson,Ian Pool Attendant $11.001hr NCS Non-Ex May 23,2024 Travis,Gabrielle Pool Attendant $11.00/hr NCS Non-Ex June 9,2024 PUBLIC WORKS Fitzgerald,Ny'Yon Maintenance Technician $12.001hr NCS Non-Ex June 3,2024 PAYROLL ADJUSTMENTSITRANSFERSfPROMOTIONSffEMPORARY ASSIGNMENTS(PART-TIME) PREVIOUS POSITION CURRENT POSITION PARKS&RECREATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Do Nascimento,Micaela M. Pool Attendant Facility Coordinator NCS Non-Ex May 28,2024 $11.00/hr $12.00rhr PAYROLL ADJUSTMENTSnTRANSFERSIPROMOTIONSrrEMPORARY ASSIGNMENTS(FULL-TIME) PREVIOUS POSITION CURRENT POSITION PARKS&RECREATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCSICS FLSA EFFECTIVE DATE Kirks,Kennedy Recreation Specialist Recreation Specialist NCS Ex April 26,2024 $21.92/hr $22.141hr TERMINATIONS•FULL-TIME(FIT E911 POSITION REASON EFFECTIVE DATE Loyd,Cierra M. Telecom municator Resignation May 28,2024 PARKS&RECREATION Shockley,David Parks Laborer Retirement May 31,2024 PUBLIC WORKS Williams,Sean Truck Driver Resignation May 31,2024 Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Position and Pay Schedule for upcoming Fiscal Year 2025 Cost of Living Adjustments - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The Position and Pay Schedule is updated to include a four percent(4%) cost of living adjustment(COLA) for all employees based on budgeted amounts for fiscal year 2025. This increase will take effect on June 27, 2025. Additionally,the position and pay schedule is updated to account for all filled and vacant positions, it removes the Recreation Superintendent position and allocates an additional supervisor to the Maintenance Division, and creates two new Recreation Supervisor positions. One Recreation Supervisor position was previously a Senior Recreation Specialist. Newly budgeted positions for fiscal year 2025 are adding a Customer Experience Representative to the Customer Expereince Department and an Engineering Technician II position to the Engineering Department. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: To approve the Position and Pay Scheduled with recommenced cost of living adjustments for employees and other position related changes. Attachments: 1. MO Position and Pay Schedule FY2023-2024 Amendment 3 2. Position and Pay Schedule - Jun 27 2024 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AMENDING THE FY2023-2024 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted the FY2023-2024 Position and Pay Schedule by Municipal Order No. 2737 on May 23, 2023; and WHEREAS,the City of Paducah amended the FY2023-2024 Position and Pay Schedule by Municipal Order No. 2816 on October 24, 2023; and WHEREAS, the City of Paducah amended the FY2023-2024 Position and Pay WHEREAS, the City of Paducah now desires to amend the Position and Pay Schedule to include a four percent(4%) cost of living adjustment(COLA) for all employees, remove the Recreation Superintendent position, allocate an additional supervisor to the Maintenance Division, create two new Recreation Supervisor positions, a Customer Experience Representative position, and an Engineering Technician II position. WHEREAS, in order to implement the changes, it is necessary to amend the FY2023-2024 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby approves an amendment to the FY2023-2024 Position and Pay Schedule for the employees of the City of Paducah as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners,June 11,2024 Recorded by Lindsay Parish,City Clerk,June 11,2024 mo/Position and Pay Schedule FY2023-2024 Amendment 3 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Section A. ADMINISTRATION AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE City Manager 1 1 90.07 86.61 40 E 18 Assistant City Manager 1 1 62.05 59.66 40 E 17 Assistant to the City Manager 40 E Grants Administrator 1 1 30.27 29.11 40 E 10 Senior Administrative Assistant 1 1 29.97 28.82 40 NE 9 Communications Manager 1 1 47.73 45.89 40 E 13 Total Budgeted/Filled for Department 5 5 0 0 Note: Moved ERP Manager and BA Positions to Technology Department(02/23) Note: Moved Grants Administrator position from Finance to Administration Section B. CITY CLERK 1 CUSTOMER EXPERIENCE DEPT. AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE City Clerk/Customer Experience Director 1 1 50.36 48.42 40 E 15 Assistant City Clerk 1 1 32.86 31.60 40 NE 10 Senior Customer Experience Representative 1 1 28.27 27.18 40 E 9 Customer Experience Representatives 24 1 0.00 0.00 40 NE 7 1 23.67 22.76 40 NE 7 Total Budgeted/Filled for Department 5 4 0 1 Note: Moved Customer Experience Representative position from CX/Clerk to IT Section C. FINANCE DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE Administration Director of Finance 1 1 89.88 86.42 40 E 17 Senior Administrative Assistant 1 1 25.50 24.52 40 NE 9 Accounting/Payroll Controller 1 1 57.53 55.32 40 E 15 Senior Accountant 1 1 37.13 35.70 40 E 12 Accountant 2 1 27.38 26.33 40 E 10 1 28.16 27.08 40 E 10 Page 1 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Revenue Revenue Manager 1 1 41.72 40.12 40 E 14 Account Clerk 40 NE 40 NE Revenue Tech II 0.00 40 NE 9 Revenue Tech. 4 1 19.86 19.10 40 NE 8 1 20.36 19.58 1 20.57 19.78 1 22.70 21.83 40 NE 8 Revenue Auditor 1 1 30.56 29.38 40 E 11 Total Budgeteffilled for Department 12 12 0 0 Note: The Revenue Tech III was removed and a Revenue Tech added. *Position Red Light 2021 Note: RCSS-Individuals Retain Civil Service Status Section D. TECHNOLOGY DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NONEXEMPT GRADE Chief Technology Director 1 1 57.54 55.33 40 E 16 Software Manager 1 1 44.79 43.07 40 E 13 Software Specialist 1 1 31.25 30.05 40 E 11 Systems Administrator 1 1 29.91 28.76 40 E 11 Systems Technician 1 1 32.05 30.82 40 E 10 Help Desk Technician 1 1 21.24 20.42 40 NE 8 GIS and Application Support Manager 1 1 0.00 0.00 40 E 12 GIS Specialist 1 1 29.88 28.73 40 E 11 Total Budgeted/Filled for Department 8 7 0 1 Section E. PLANNING DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NONEXEMPT GRADE Director of Planning 1 1 1 0.00 0.00 40 E 16 Planner III 1 1 36.72 35.31 40 E 12 Senior Administrative Assistant 1 1 31.72 30.50 40 NE 9 Business Development Specialist 1 1 31.04 29.85 40 E 11 Administrative Assistant 40 NE 7 Planner II 1 1 0.00 0.00 40 E 11 Planner 1 1 1 26.87 25.84 40 E 10 Downtown Development Specialist 1 1 27.66 26.60 40 E 10 Total Budgeted/Filled for Department 7 5 0 2 Page 2 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE *Position Red Light 2021 Section F. POLICE DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE Police Chief 1 1 69.47 66.80 40 E 17 Police Assistant Chief 2 1 56.32 54.15 40 E 15 1 55.14 53.02 Captains 6 1 50.15 48.22 40 E 14 1 48.91 47.03 1 46.24 44.46 2 44.89 43.16 1 42.58 40.94 Sergeants 9 40 NE 5 years 1 34.51 33.18 10 years 4 36.24 34.84 15 years 4 38.04 36.58 20 years 39.95 38.41 25+years 41.95 40.33 Police Officer 63*** 6 40 NE Police Officer-Recruit 27.42 26.36 1 year 15 27.42 26.36 3 years 8 28.85 27.74 5 years 16 30.28 29.12 10 years 8 31.80 30.58 15 years 6 33.39 32.11 20 years 4 35.07 33.72 25 years 36.82 35.40 Senior Administrative Assistant 3 1 34.20 32.88 40 NE 9 1 24.93 23.97 1 26.26 25.25 Administrative Assistant 40 NE 7 Crime Analyst 40 E 10 Crime Analyst II 1 1 27.34 26.29 40 E 11 Deflection Specialist 1 1 0.00 0.00 40 E 10 0.00 0.00 40 Records Manager 1 1 0.00 0.00 40 E 10 Senior Records Clerk Records Clerk 2 1 24.69 23.74 40 NE 7 1 20.12 19.35 Senior Evidence Technician 1 1 23.46 22.56 40 NE 8 Page 3 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Evidence Technician 1 1 21.07 20.26 40 NE 7 Total Budgeted/Filled for Department 91 83 0 8 *Position Red Light 2021 POLICE DEPARTMENT CON'T AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE 911 Communications Services 911 Communications Services Manager 1 1 48.68 46.81 40 E 4314 Assistant 911 Communications Services Manager 1 1 4- 31.87 30.64 40 E 12 Terminal Agency Coordinator 1 1 4 26.00 25.00 36/48 NE 8 911 System Administrator 1 1 31.63 30.41 40 E 10 Shift Supervisor 4 3 0.00 0.00 36/48 NE 10 1 26.90 25.87 36/48 NE 10 Telecommunicator 14 36/48 NE 8 1 29.84 28.69 36/48 NE 8 1 29.37 28.24 36/48 NE 8 1 29.27 28.14 36/48 NE 8 1 27.54 26.48 36/48 NE 8 1 23.66 22.75 36/48 NE 8 1 23.20 22.31 36/48 NE 8 1 21.17 20.36 36/48 NE 8 3 20.77 19.97 36/48 NE 8 1 20.57 19.78 36/48 NE 8 1 20.56 19.77 36/48 NE 8 1 20.36 19.58 36/48 NE 8 1 19.86 19.10 36/48 NE 8 Senior Administrative Assistant 1 1 32.19 30.95 40 NE 9 *Position Red Light 2021 Note:Police Department Secretary/Public Information Officer is provided two hours minimum call-out pay. **Note:Police Department adjustments will be made in accordance to Union Contract once the Captain's promotional process is completed. ***Note: The Police Officer authorization number increased by 3 in order to fullfil the COPS Grant for School Resource Officers for the next 4 years.6/22/2021 **911 *Note:36/48 referes to the 12 hour schedule that has people working an alternating three and four 12-hour shifts per week,or 2184 hours per year New system administrator position added and data entry clerk moved into position. Add Pays: 1) 1 TAC$1/hr 2)2 CTO's$0.50/hr ****A supervisor position is filled Total Budgeted/Filled for Department 23 20 0 3 Section G. FIRE DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 Page 4 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NONEXEMPT GRADE Administrative Division Fire Chief 1 1 76.26 73.33 40 E 17 Deputy Fire Chief- Fire Prevention 1 1 60.82 58.48 40 E 15 Deputy Fire Chief-Operations 1 1 57.30 55.10 40 E 15 Training Division Battalion Chief/Training Officer 1 1 40.23 38.68 40 E 12 Fire Prevention Division Battalion Chief/Fire Marshal E Deputy Fire Marshal 2 1 39.85 38.32 NE 12 1 34.23 32.91 Senior Administrative Assistant 1 1 29.56 28.42 NE 9 Code Enforcement Officer 3 1 29.32 28.19 40 NE 8 1 27.02 25.98 1 24.67 23.72 Permit Technician 1 1 22.21 21.36 40 NE 7 Permit Specialist 40 NE Chief Building Inspector 1 1 42.60 40.96 40 NE 12 Deputy Building Inspector 1 1 0.00 0.00 40 NE 10 Chief Electrical Inspector 1 1 37.51 36.07 40 NE 12 Deputy Electrical Inspector 1 1 27.28 26.23 40 NE 10 Suppression Division Fire Assistant Chief 3 1 40 E 14 1 38.07 36.61 1 34.00 32.69 Captains 15 1 NE <10 years 1 22.84 21.96 10 years 5 23.41 22.51 15 years 3 24.00 23.08 20 years 4 24.61 23.66 25 years 1 25.21 24.24 Lieutenants 15 2 NE <10 years 11 20.77 19.97 10 years 1 21.29 20.47 15 years 1 21.82 20.98 20 years 22.37 21.51 25 years 22.93 22.05 Firefighter 29 -1 NE Firefighter(Appointee) 5 15.79 15.18 Page 5 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE 6 months 17.02 16.37 1 year 10 17.45 16.78 3 years 2 17.88 17.19 5 years 18.33 17.63 10 years 18.80 18.07 15 years 19.26 18.52 Firefighter(Relief Driver) NE COLA+$0.39+$0.10 2 years 4 18.40 17.69 3 years 7 18.85 18.13 5 years 2 19.33 18.58 10 years 19.81 19.05 15 years 20.31 19.53 Total Budgeted/Filled for Department 77 73 0 4 *Position Red Light 2021 **Position Frozen 2009 Note: Executive Assistant I moved to Prevention from Administration Note:Firefighter Relief Driver is not a new position.$0.10 is factored in the pay rate Note:A person may hold the position of Code Enforcement Officer I for a period not to exceed one year without becoming a certified Property Maintenance Inspector. Note:To be considered for the position of Code Enforcement Officer II must obtain Property Maintenance Inspector I,Level I Building Inspector and successful review. Note:*A person may hold the position of Deputy Building Inspector Level I for a period not to exceed two years without becoming certified. Note: A person may hold the position of Deputy Electrical Inspector Level I for a period not to exceed one year without becoming certified. Note: Building Inspector levels are equivalent to steps. These levels are dictated by state certification,and successful performance review. Note:Deputy Fire Marshal to have State certification within one year. Note:To be considered for Deputy Fire Marshal II must obtain NFPA Fire Inspector I,and II,and successful review. Note:To be considered for Deputy Fire Marshal III must obtain NFPA Fire protection plan review and successful performance review. Note:As Inspection's Civil Service positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note: RCSS-Individuals Retain Civil Service Status Section H. AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE ENGINEERING BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NONEXEMPT GRADE City Engineer 1 1 0.00 78.54 40 E 17 Assistant City Engineer 1 1 57.50 55.29 40 E 14 Engineer Project Manager 1 1 39.98 38.44 40 E 13 Engineering Technician 1 1 31.48 30.27 40 E 11 Engineering Tech II 1 1 0.00 0.00 40 E 12 Engineering Tech III 1 1 46.33 44.55 40 E 13 Senior Administrative Assistant 1 1 28.24 27.15 40 NE 9 Floodwall Division EPW Floodwall Superintendent 1 1 41.25 39.66 40 E 13 Floodwall Operator 4 4 40 NE 80% 20.22 19.44 NE Page 6 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE 85% 21.48 20.66 NE 90% 1 22.74 21.87 NE 95% 24.01 23.09 NE 100% 2 1 25.27 24.30 NE Total Budgeted/Filled for Department 13 9 1 2 *Position Red Light 2021 Note:positions are eliminated through attrition they will be filled as a Non-Civil Service positions. Note: RCSS-Individuals Retain Civil Service Status Note:As the Floodwall Operators'CS positions are eliminated through attrition they will be filled as Non-Civil Service positions. Section I. AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE PUBLIC WORKS DEPT. BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NONEXEMPT GRADE Public Works Director 1 1 62.25 59.86 40 E 16 Assistant Public Works Director 1 1 53.41 51.36 40 E 14 Administrative Assistant 1 1 21.08 20.27 40 NE 7 Street Division Street Superintendent 1 1 38.16 36.69 40 E 13 Street Supervisor 1 1 30.87 29.68 40 E 11 Landscape Supervisor 1 1 34.26 32.94 40 E 11 Equipment Operator 3 NE 80% 20.42 19.63 85% 21.69 20.86 90% 22.97 22.09 95% 24.24 23.31 100% 3 25.52 24.54 Concrete Finisher 1 1* NE 80% 19.53 18.78 85% 20.75 19.95 90% 21.97 21.12 95% 23.19 22.30 100% 24.41 23.47 Right-Of-Way Maintenance Person 15 1 NE 80% 18.90 18.18 85% 20.08 19.31 90% 3 21.26 20.45 95% 2 22.44 21.58 100% 7 2 23.62 22.72 Laborer NE 80% 17.59 16.92 85% 18.69 17.98 90% 19.79 19.04 95% 20.89 20.09 Page 7 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE 100% 21.99 21.15 Maintenance Division Maintenance Superintendent 1 1 40.41 38.86 40 E 13 Maintenance Supervisor 1 1 29.52 28.38 40 E 11 Janitor/Collector 4 1 NE 80% 17.18 16.52 85% 18.25 17.55 90% 19.32 18.59 95% 1 20.40 19.62 100% 2 21.47 20.65 Traffic Technician 1 1 NE 80% 19.67 18.92 85% 20.90 20.10 90% 22.13 21.29 95% 23.36 22.47 100% 24.59 23.65 Master Electrician 1 1* 0.00 0.00 NE 10 Maintenance Technician 5 1 1* NE 80% 19.67 18.92 85% 20.90 20.10 90% 22.13 21.29 95% 1 23.36 22.47 100% 1 2 24.59 23.65 Fleet Maintenance Division Fleet Superintendent 1 1 38.62 37.13 40 E 13 Fleet Supervisor 1 1 34.58 33.25 40 E 11 Senior Administrative Assistant 1 1 25.85 24.86 40 NE 7 Fleet Mechanic I NE 8 Fleet Mechanic 11 5 1 NE 9 4 0.00 0.00 1 24.21 23.28 1 24.94 23.98 1 25.18 24.21 1 28.15 27.07 Solid Waste Division Solid Waste Superintendent 1 1 36.65 35.24 40 E 13 Solid Waste Supervisor 1 1 30.58 29.40 40 E 11 Compost Operations Supervisor 1 1 0.00 0.00 40 E 10 Administrative Assistant 1 1 23.08 22.19 40 NE 7 Laborer 1 1 NE 80% 17.59 16.92 85% 18.69 17.98 90% 19.79 19.04 95% 20.89 20.09 100% 21.99 21.15 Page 8 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Truck Driver 17 6 NE 80% 19.30 18.56 85% 20.51 19.72 90% 2 21.72 20.88 95% 1 22.92 22.04 100% 8 24.13 23.20 Right-Of-Way Maintenance Person 0 NE 80% 18.90 18.18 85% 20.08 19.31 90% 21.26 20.45 95% 22.44 21.58 100% 23.62 22.72 Compost Equipment Operator 2 NE 80% 20.42 19.63 85% 21.69 20.86 90% 22.97 22.09 95% 24.24 23.31 100% 2 25.52 24.54 Total Budgeted/Filled for Department 70 51 4 15 *Position Red Light 2021 Note:positions are eliminated through attrition they will be filled as a Non-Civil Service positions. Note: RCSS-Individuals Retain Civil Service Status Note:As the Floodwall Operators'CS positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note:AFSCME employees in the classificaton above shall be eligible to receive"Shift Differential"of$0.35/Hr. Note:AFSCME employees in the above classification shall be eligible to receive$0.50/Hr as a"Work Leader". Section J. PARKS&RECREATION DEPARTMENT AUTHORIZED POSITIONS FY 25 FY24 HOURS EXEMPT PAY HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. WORK NON-EXEMPT GRADE POSITION TOTAL NON-CS RCSSICS RATE RATE Director of Parks&Recreation 1 1 53.67 51.61 40 E 16 Assistant Director of Parks 1 1 44.73 43.01 40 E 14 Assistant Director of Recreation 1 1 4 41.06 39.48 4 4 39-85 3&-32 4G € 4-3 Recreation Supervisor 2 1 0.00 0.00 40 E 11 1 25.41 24.43 40 E 11 Senior Recreation Specialist 4 4 0.00 0.00 40 E 10 Recreation Specialist 3 1 4 22.25 21.39 40 E 9 1 22.25 21.39 1 22.80 21.92 Senior Administrative Assistant 1 1 27.45 26.39 NE 9 Administrative Assistant 1 1 21.37 20.55 NE 7 Page 9 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Maintenance Division Supervisor 32 1 E 11 1 28.48 27.38 40 1 27.35 26.30 40 Laborer 12 4 NE 80% 17.59 16.92 85% 4 18.69 17.98 90% 19.79 19.04 95% 20.89 20.09 100% 3 12- 21.99 21.15 Right-Of-Way Maintenance Person 1 1 NE 80% 18.90 18.18 85% 20.08 19.31 90% 4 21.26 20.45 95% 22.44 21.58 100% 23.62 22.72 Maintenance Technician 1 4 NE 80% 19.67 18.92 85% 20.90 20.10 90% 22.13 21.29 95% 23.36 22.47 100% 1 24.59 23.65 Total Budgeted/Filled for Department 27 19 1 7 *Position Red Light 2021 Note: Recreation Superintendent moved to Assistant Director Position,and Parks Maintenenace Superintendent moved to Public works,and then Parks&Rec.Super created and Rec.Specialist promoted. Note:As positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note: RCSS-Individuals Retain Civil Service Status Note:AFSCME employees in the classificaton above shall be eligible to receive"Shift Differential'of$0.35/Hr. Note:AFSCME employees in the above classification shall be eligible to receive$0.50/Hr as a"Work Leader". Section K. HUMAN RESOURCES&RISK AUTHORIZED POSITIONS FY 25 FY24 HOURLY HOURLY WAGE WAGE BUDGET FILLED VACANT ADJ. ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSSICS RATE RATE WORK NON-EXEMPT GRADE Director of Human Resources 1 1 57.23 55.03 40 E 15 Risk Manager 1 1 39.20 37.69 40 E 13 Diversity Specialist 1 1 4 31.00 29.81 40 E 10 Senior HR Generalist 1 1 30.14 28.98 40 E 10 Administrative Assistant 1 4 1 0.00 17.93 40 NE 7 Page 10 of 11 CITY OF PADUCAH FY 2025 June 27, 2024 POSITION AND PAY SCHEDULE Total Budgeted/Filled for Department 5 4 1 0 1 Page 11 of 11 Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Job Grade Schedule Updated for Fiscal Year 2025 - S.WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The Job Grade Schedule is being updated to add the Recreation Supervisor position to range eleven, and adding an Engineering Technician 11 position to range twelve. All salaries for all ranges are being increased by four percent(4%) for the city-wide employee cost of living adjustment that will take place at the beginning of Fiscal Year 2025. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the updated Job Grade Schedule with recommended changes. Attachments: 1. pay grade schedule Annual FY2023-2024 Amendment 2 2. Job Grade Schedule 06 27 2024 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AMENDING THE FISCAL YEAR 2024 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS,the City of Paducah adopted the FY2023-2024 Pay Grade Schedule by Municipal Order No. 2738 on May 23, 2023; and WHEREAS, the City of Paducah approved an amendment to the Pay Grade Schedule by Municipal Order No. 2851 on February 13, 2024; and WHEREAS, the City of Paducah now wishes to amend the Pay Grade Schedule to reflect a Cost of Living Adjustment of four percent(4%) for all City employees; and WHEREAS, in order to implement the changes, it is necessary to amend the FY2023-2024 Pay Grade Schedule. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby adopts and approves the amended FY2023-2024 Pay Grade Schedule as attached hereto. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners,June 11,2024 Recorded by Lindsay Parish,City Clerk,June 11,2024 \mo\pay grade schedule Annual FY2023-2024 Amendment 2 City of Paducah,KY Job Grade Schedule Effective June 27,2024 Grade Proposed Job Title Minimum Midpoint Maximum 18 City Manager 130,217 169,282 208,346 17 Assistant City Manager 110,642 141,068 171,494 City Engineer 110,642 141,068 171,494 Director of Finance 110,642 141,068 171,494 Fire Chief 110,642 141,068 171,494 Police Chief 110,642 141,068 171,494 16 Chief Technology Director 94,163 120,058 145,953 Director of Parks&Recreation 94,163 120,058 145,953 Director of Planning 94,163 120,058 145,953 Director of Public Works 94,163 120,058 145,953 15 City Clerk/Director of Customer Experience 87,312 111,323 135,333 Controller 87,312 111,323 135,333 Deputy Fire Chief-Operations 87,312 111,323 135,333 Deputy Fire Chief-Prevention 87,312 111,323 135,333 Director of Human Resources 87,312 111,323 135,333 Police Assistant Chief 87,312 111,323 135,333 14 Assistant City Engineer 80,461 102,587 124,714 Assistant Director of Parks 80,461 102,587 124,714 Assistant Director of Public Works 80,461 102,587 124,714 Assistant Director of Recreation 80,461 102,587 124,714 E 911 Communication Services Manager 80,461 102,587 124,714 Fire Assistant Chief 80,461 102,587 124,714 Police Captain 80,461 102,587 124,714 Revenue Manager 80,461 102,587 124,714 13 Communications Manager 72,628 90,785 108,942 Engineer Project Manager 72,628 90,785 108,942 Engineer Technician III 72,628 90,785 108,942 Fleet Superintendent 72,628 90,785 108,942 Floodwall Superintendent 72,628 90,785 108,942 Maintenance Superintendent 72,628 90,785 108,942 Recreation Superintendent 72,628 90,785 108,942 Risk/Safety Manager 72,628 90,785 108,942 Software Manager 72,628 90,785 108,942 Solid Waste Superintendent 72,628 90,785 108,942 Streets Superintendent 72,628 90,785 108,942 12 Assistant E-911 Communication Services Manager 64,273 80,341 96,409 Battalion Chief/Fire Training Officer 64,273 80,341 96,409 Chief Building Inspector 64,273 80,341 96,409 Chief Electrical Inspector 64,273 80,341 96,409 Deputy Fire Marshal 64,273 80,341 96,409 Engineering Technician II 64,273 80,341 96,409 GIS and Application Support Manager 64,273 80,341 96,409 Planner III 64,273 80,341 96,409 Senior Accountant 64,273 80,341 96,409 11 Business Development Specialist 56,878 71,098 85,318 Crime Analyst II 56,878 71,098 85,318 Engineer Technician 56,878 71,098 85,318 GIS Specialist 56,878 71,098 85,318 Landscape Supervisor 56,878 71,098 85,318 Revenue Auditor 56,878 71,098 85,318 Planner II 56,878 71,098 85,318 Recreation Supervisor 56,878 71,098 85,318 Software Specialist 56,878 71,098 85,318 Supervisor Fleet 56,878 71,098 85,318 Supervisor Maintenance 56,878 71,098 85,318 Supervisor Solid Waste 56,878 71,098 85,318 Supervisor Street 56,878 71,098 85,318 Systems Administrator 56,878 71,098 85,318 10 Accountant 50,784 63,480 76,177 Assistant City Clerk 50,784 63,480 76,177 Crime Analyst 1 50,784 63,480 76,177 Deflection Specialist 50,784 63,480 76,177 Deputy Building Inspector 50,784 63,480 76,177 Deputy Electrical Inspector 50,784 63,480 76,177 Diversity Specialist 50,784 63,480 76,177 Downtown Development Specialist 50,784 63,480 76,177 E-911 Shift Supervisor 50,784 63,480 76,177 E-911 System Administrator 50,784 63,480 76,177 Grants Administrator 50,784 63,480 76,177 Planner 1 50,784 63,480 76,177 Records Division Manager 50,784 63,480 76,177 Senior Help Desk Technician 50,784 63,480 76,177 Senior Human Resources Generalist 50,784 63,480 76,177 Senior Recreation Specialist 50,784 63,480 76,177 Supervisor Compost 50,784 63,480 76,177 Systems Technician 50,784 63,480 76,177 9 Codes Enforcement Officer 11 46,269 56,679 67,089 Fleet Mechanic 11 46,269 56,679 67,089 Human Resources Generalist 46,269 56,679 67,089 Recreation Specialist 46,269 56,679 67,089 Revenue Technician 11 46,269 56,679 67,089 Senior Administrative Assistant 46,269 56,679 67,089 Senior Customer Experience Representative 46,269 56,679 67,089 8 Codes Enforcement Officer 1 41,311 50,606 59,901 E-911 Telecom municator 41,311 50,606 59,901 E-911 Terminal Agency Coordinator 41,311 50,606 59,901 Fleet Mechanic 1 41,311 50,606 59,901 Help Desk Technician 41,311 50,606 59,901 Revenue Technician 41,311 50,606 59,901 Senior Evidence Technician 41,311 50,606 59,901 Senior Records Clerk 41,311 50,606 59,901 7 Administrative Assistant 37,217 45,591 53,965 Customer Experience Representative 37,217 45,591 53,965 Evidence Technician 37,217 45,591 53,965 Permit Technician 37,217 45,591 53,965 Records Clerk 37,217 45,591 53,965 2 Parking&Traffic Control Assistant 23,167 27,801 32,434 Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Approve the Interim Planning Director Employment Agreement with Carol Gault- D. JORDAN Category: Municipal Order Staff Work By: Daron Jordan Presentation By: Daron Jordan Background Information: The Planning Department is currently without a Director and this employment agreement would appoint Carol Gault as the Interim Planning Director beginning June 13, 2024, for a six- month period, to assume all duties and responsibilities as described in the Planning Director job description. All employment terms are defined in the agreement and, if mutually agreed upon, could be extended with the Board of Commissioner's approval. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: It is recommended to approve and sign the Interim Planning Director Employment Agreement with Carol Gault. Attachments: 1. MO agree-employment—Carol Gault—Interim Planning Director 2. Planning Director Employment Agreement(002) MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CAROL GAULT FOR EMPLOYMENT AS INTERIM PLANNING DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized to execute an Employment Agreement with Carol Gault to be employed in the position of Interim Planning Director. SECTION 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. George Bray,Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 11, 2024 Recorded by Lindsay Parish, City Clerk, June 11, 2024 \mo\agree-employment—Carol Gault—Interim Planning Director 4859-0265-8245 AGREEMENT FOR EMPLOYMENT AS PADUCAH INTERIM PLANNING DIRECTOR THIS AGREEMENT is entered into as of this lith day of June, 2024 by and between the CITY OF PADUCAH, State of Kentucky, a municipal corporation (hereinafter referred to as "Employer") and Carol Gault (hereinafter referred to as "Employee") (hereinafter collectively "Parties"). WITNESSETH: WHEREAS, the Paducah City Commission ("Commission") desires to temporarily appoint Employee as Interim Planning Director for the City of Paducah; and WHEREAS, Employee desires to accept temporary employment as Interim Planning Director for the City of Paducah; NOW THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all Parties hereto, the Parties do covenant and agree as follows: 1. Appointment. The Commission hereby temporarily appoints Employee as Interim Planning Director of the City of Paducah and Employee hereby accepts such appointment. 2. Term. The Term of this Agreement shall be for a period of six (6) months which shall commence on June 13th, 2024. The Parties may mutually agree to extend this Term, with approval of the Board of Commissioners. 3. Duties and Authority. Employer agrees to temporarily employ Employee to perform the functions and duties as specified in the attached Planning Director job description. Employee further agrees that she shall comply with all lawful governing body directives, state, or federal law, Employer policies, rules and ordinances as they exist or may hereafter be amended. Employee agrees to perform all duties of Planning Director with reasonable care, diligence, skill, and expertise. 4. Compensation. Employer agrees to pay Employee a salary of $43.27 per hour. Employee's salary shall be payable in installments at the same time that other management employees of Employer are paid. Employee shall not be entitled to a salary increase during the Term of this Agreement. 5. Benefits. A. Health Insurance. Employee will be eligible to participate in Employer's health insurance program on the same terms as provided for other administrative employees. B. Other Benefits. Employee specifically understands and agrees that she is not entitled to participate in Employer's Life Insurance program or the Wellness Program. Employee acknowledges and agrees that, as a condition of this Agreement, she is waiving any and all policies of Employer that would otherwise entitle her to any such benefits. Further, Employee acknowledges and agrees that she is only entitled to those benefits that are expressly made available to her in this Agreement. 6. Vacation and Sick Leave. Employee specifically understands and agrees that she is not entitled to vacation, sick leave,or any other paid leave which is provided to other employees of Employer. Employee acknowledges and agrees that, as a condition of this Agreement, she is waiving any and all policies of Employer that would otherwise entitle her to any paid leave. 7. Retirement. Employee will be entitled to participate in Kentucky's defined benefit retirement program as provided by Employer for the benefit of its employees. 8. Hours of Work. On average, Employee should work approximately 40 hours per week plus any additional time reasonably required to discharge the responsibilities of the office. For payroll purposes this position is considered exempt,which is ineligible for overtime. Because Employee is not entitled to vacation and sick leave, Employee understands that any days not worked will be unpaid during the contract period. 9. Travel Expenses. Employer agrees to budget and pay for reasonable travel and subsistence expenses of Employee for official travel and meetings to pursue necessary official functions for Employer, as approved by the City Manager. 10. Termination. In addition to this Agreement terminating automatically at the conclusion of the six (6) month Term (unless the Parties agree otherwise), the Parties may also terminate this Agreement for any reason or no reason upon two(2)weeks-notice to the other Party. In specifically agreeing to this provision, Employee understands and agrees that she is an at-will employee who may be terminated for any reason or no reason. However, Employer may terminate this Agreement without notice to Employee for the following reasons: A. Employee's death; B. Employee becomes disabled which, as used in this Section shall mean Employee's inability to adequately perform her duties and services; C. Dishonest, fraudulent, or illegal conduct of Employee; D. Misappropriation of Employer property or funds by Employee; E. Conviction of a felony or any other crime that brings disrepute to Employer; F. Drug or alcohol dependency of Employee; G. Engaging in unethical conduct such as engaging in conduct that amounts 2 to a conflict of interest, breaching any fiduciary duty or duty of loyalty to Employer or engaging in conduct which substantially prejudices Employer, including, but not limited to, a violation of the Employer's Ethics Ordinance; and/or H. Willful failure to comply with written instructions or directions of Employer to take affirmative action on a matter or willful failure to comply with written instructions or direction of the Employer to refrain from taking action on a matter. It is agreed and understood that all rights, duties, and obligations of the Parties shall cease upon termination, except as may otherwise be provided in Paragraph 11 herein. 11. Indemnification. Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the lawful performance of Employee's duties as Interim Planning Director or resulting from the exercise of reasonable judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved gross negligence or willful or wanton conduct. Employer shall indemnify Employee against any and all losses, damages,judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings including attorneys' fees, and any other liabilities incurred by, imposed upon, or suffered by Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of her duties. Legal representation will continue beyond employment for any claims or actions arising during the course of employment. Any settlement of any claim must be made with prior written approval of Employer in order for indemnification, as provided in this Section, to be available. 12. Notices. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service. Postage prepaid, addressed as follows: EMPLOYER: Mayor, City of Paducah, P.O. Box 2267, Paducah, KY 42002-2267 EMPLOYEE: Carol Gault, 131 North Sycamore Drive,Paducah, KY 42001 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. 13. Miscellaneous. A. Integration. This Agreement sets forth the entire understanding between the Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The 3 parties, by mutual written agreement, may amend by written agreement any provision of this Agreement during the life of this Agreement. Such amendments shall be incorporated and made a part of this Agreement. It is agreed that this Agreement was mutually negotiated and drafted by both Parties. In construing this Agreement and in determining the rights of the Parties hereto, no Party shall be deemed to have solely drafted or created this Agreement or have any provision construed against any Party on the basis of who drafted the Agreement. B. Binding Effect. This Agreement shall be binding upon Employer and Employee as well as their heirs, assigns, executors, personal representatives, and successors in office and in interest. C. Effective Date. This Agreement shall be signed and effective upon adoption of the appropriate Ordinance or Resolution by the Commission. D. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid,the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both Parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF,the Paducah City Commission has caused this Agreement to be executed on its behalf by the City's Mayor and Employee this day of June, 2024. Mayor, City of Paducah Employee, Carol Gault 4 Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Approve Development Agreement with CIRCO Construction for 318 Broadway Street- M. SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen, Josh Sommer, Lindsay Parish Presentation By: Michelle Smolen Background Information: The City wishes to enter into a Development Agreement with C.I.R.CO Construction for City owned vacant real estate located at 318 Broadway Street(formerly the Kresge Building site). The proposed project is for a multi-use green space. The developer agrees to construct a four-sided bar in the center of the space, to be owned and operated by Hardin Calhoun LLC dba Over/Under. Developer will also construct bathrooms and a playground area adjacent to 314 Broadway. There will be a concrete pad constructed adjacent to the building located at 100 S. 4th Street, Paducah, KY, spanning the length of said building, which will serve as a space for vendors and pop-up shops. At the back of the Property, Developer will build a permanent stage and tiered levels of seating using landscape and hardscape. Throughout the space, Developer will plant mature trees and construct walking paths, benches,tables and chairs. This space will be open to the community daily from sunrise to sunset. The proposed Development Agreement includes the proposed timeline: • Developer shall submit a set of design plans for the project to the Planning Director for review and approval within thirty (30) days of the Effective Date • Developer shall initiate construction of the Development within thirty (30) days of transfer of the property. • Developer shall utilize its best efforts to complete the Development within a period of fifteen (15) months following commencement of the work. The Developer has also agreed to a purchase price of$10,000. The property will not be transferred until the Developer has obtained all necessary permits and approvals from the City. Finally, the Development Agreement also includes a reversion clause should the Developer fail to meet obligations in the agreement. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Downtown Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the Development Agreement with C.LR.CO Construction for 318 Broadway Attachments: 1. MO Development Agreement—C.I.R.CO 318 Broadway—Kresge Site 2. 318 Broadway Development Agreement Signed 3. Exhibit A MUNICIPAL ORDER NO. A MUNICIPAL ORDER DECLARING THE PROPERTY AT 318 BROADWAY TO BE SURPLUS, TRANSFERRING THE PROPERTY TO C.LR.CO, LLC FOR COMPENSATION IN THE AMOUNT OF $10,000, AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND C.LR.CO, LLC AND ALL DOCUMENTS RELATED TO SAME WHEREAS,pursuant to KRS 82.083, a written determination has been made that the City does not have any use at this time or in the future for property located at 318 Broadway, Paducah, Kentucky, which constitutes surplus real estate; and WHEREAS, pursuant to KRS 82.083(4)(b), surplus property may be transferred, with or without compensation, for economic development purposes, which shall include but not be limited to real property transfers for the elimination of blight; and WHEREAS, the City now desires to enter into a Development Agreement with C.LR.CO, LLC, for the sale of the property at a cost of$10,000. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals. The Board of Commissioners hereby declares the property located at 318 Broadway, Paducah, Kentucky to be surplus property as it relates to the operations of the City. Further,the Board of Commissioners hereby authorizes the transfer of the property to C.I.R.CO,LLC, (hereinafter"Developer")for the price of$10,000,contingent upon the Developer receiving the necessary permits from the City of Paducah . Further, the City of Paducah hereby approves a Development Agreement by and between the City of Paducah and the Developer, as attached hereto and made part hereof(Exhibit A),together with such changes to the Agreement as may be approved by the City Manager on behalf of the City, and as are not inconsistent with this Municipal Order or substantially adverse to the City of Paducah. SECTION 2. Severability. If any section,paragraph or provision of this Municipal Order shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining parts of this Municipal Order. SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Municipal Order were taken in an open meeting of this City Commission and that all deliberations of the City Commission and of its committees, if any which resulted in formal action, were in meetings open to the public in full compliance with applicable legal requirements. SECTION 4. Effective Date. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, MO\Development Agreement—CIR.CO 318 Broadway —Kresge Site Exhibit A i DEVELOPMENT AGREEMENT This Development Agreement (Agreement) is made and entered into on the day of April, 2024 (the "Effective Date"), by and between the CITY OF PADUCAH, KENTUCKY (the"City"or"City of Paducah") and C.I.R.CO PROPERTIES, LLC a Kentucky limited liability company(the"Developer"). WHEREAS,the City is the present owner of a certain tract of vacant real estate located at 318 Broadway Street, Paducah, KY 42001, (the "Property"), as shown on the plat attached hereto as Exhibit A; and WHEREAS,the City of Paducah is charged with the responsibility of overseeing the proper and orderly development of vacant properties located within its corporate boundaries; and WHEREAS, Developer desires to develop, construct, and maintain a multi-purpose green space on the Property (the "Development"); and WHEREAS, the Development will result in infill development of property that may have been underutilized or blighted, helping to catalyze revitalization; and WHEREAS, in order to ensure that the Development will have a positive impact on the community, the City and the Developer have reached certain agreements regarding the construction and improvement of the Development and wish to reduce the same to writing. NOW,THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto, the parties do covenant and agree as follows: A. Developer agrees to the following: 1. Developer agrees to purchase the Property for the purchase price of Ten Thousand and 00/100 Dollars ($10,000.00) under the terms and conditions as stated in Section C below_ 2. Developer agrees to develop the Property as a multi-use green space. The Development shall have gated access on the Broadway side as well as at the back of the space adjacent to the parking lot. Developer agrees to construct a four-sided bar in the center of the space, to be owned and operated by Hardin Calhoun LLC dba Over/Under. Developer will also construct bathrooms and a playground area adjacent to 314 Broadway. There will be a concrete pad constructed adjacent to the building located at 100 S. 4b Street, Paducah, KY, spanning the length of said building, which will serve as a space for vendors and pop-up shops. At the back of the Property, Developer will build a permanent stage and tiered levels of seating using landscape and hardscape. Throughout the space, Developer will plant mature trees and construct walking paths, benches,tables and chairs. This space will be open to the community daily from sunrise to sunset. 1 3. Developer shall submit a set of design plans for the project to the Planning Director of the City of Paducah ("Planning Director") for review and approval within thirty (30) days of the Effective Date 4. Developer shall initiate construction of the Development within thirty(30) days of transfer of the property pursuant to Section C, below. 5. Developer shall utilize its best efforts to complete the Development within a period of fifteen (15) months following commencement of the work. The City, in its sole discretion, may elect to grant an extension for completion of the Development. B. City agrees to the following: 1. The City agrees to transfer the property to Developer for the purchase price of Ten Thousand and 001100 Dollars ($10,000.00), upon the terms and conditions stated in Section C below. C. Terms and Conditions for Transfer of Property. 1. Transfer and Timing. The City agrees to convey marketable title to the Property via general warranty deed in proper statutory form (the "Deed"). Transfer of the property shall occur upon Developer's satisfaction of the following requirements: i. Developer has obtained all necessary city permits, licenses, and approvals as required under the codes and ordinances of the City to enable construction to begin; and ii. Developer has submitted to the City a final set of design documents which have been approved by the Planning Director. 2. Transfer Taxes and Recording Fees. Any and all deed preparation fees and deed transfer taxes shall be paid by City. Any and all deed recording fees shall be paid by Developer. 3. Reversion. In the event Developer fails to satisfy its obligations under Section A of this Agreement, including failure to initiate construction within thirty(30) days of transfer of the Property, the City shall have the right, in its sole discretion,to resume possession and ownership of the Property. The City may exercise this right by providing notice to Developer and,upon receipt of such notice, Developer agrees that the Deed shall be forfeited and the Property shall revert back to the City at the original purchase price of$10,000.00. In such event, all of the monetary investments and improvements made to the Property shall be forfeited without any compensation or right to compensation whatsoever. If the City elects to exercise its rights under this section, Developer shall promptly take all reasonable steps to cause the transfer and conveyance of the Property back to the City, at no out-of-pocket cost to the City, such that as nearly as practicable the City is restored with marketable fee title to the Property free and clear 2 I I of any mortgages, liens, encumbrances, and adverse interests. D. Use of Property. 1. Property Conveyed As-Is. Developer agrees to accept the Property"AS-IS", with all defects and deficiencies, and subject to all easements and encroachments of record. This shall include a ten(10) foot wide access, maintenance, and encroachment easement as shown by Exhibit A. 2. Access. The parties agree that no curb cut or vehicular access will be granted off of Broadway Street. Vehicular access to the Property shall be limited to alleyway access at the rear of the property. 3. TIF District. The parties acknowledge that the Property is located within Paducah's Downtown Riverfront Tax Increment Financing District (TIF District). Developer agrees to comply with all statutes, ordinances, and applicable agreements relating to developments within the TIF District in its development and use of the Property. E. Miscellaneous Provisions. The following miscellaneous provisions shall apply: 1. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Developer shall not assign its rights and obligations hereunder, in whole or in part, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve Developer from any obligations of this Agreement for which Developer shall remain fully bound to City. 2. Merger Clause. It is agreed and understood between the parties that this Agreement represents the entire and exclusive agreement between the parties, and that all prior representations, covenants,warranties, understandings and agreements are merged herein. This Agreement may only be modified in a writing executed by all parties hereto. 3. Construction. This Agreement shall be governed and construed under the laws of the Commonwealth of Kentucky. 4. Assurances. The City and the Developer agree to execute such further documents and instruments as shall be necessary to fully carry out the terms of this Agreement. 5. Amendments. This Agreement may not be modified or amended unless by a writing signed by both parties hereto. b. Execution and Delivery. This Agreement shall be of no force or effect unless and until it shall have been executed by both the City and the Developer and approved by the governing body of the City of Paducah. 7. Time is of the Essence. All times referred herein shall be strictly construed, as 3 all of such times shall be deemed of the essence. WITNESS signatures of the parties as of the year and date first above written. 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ND:Eeww WAIVER OF SUBDIVISION PLAT OF" .BC EB FnT.sem,,,x.,w.:oa or ss.Do PM CuM6°E° CITY OF PADUCAH PROPERTY .,W,C_EILIE SORAGGn EH—E, ATION: ECq<CABM PAc[s.Iip.ITas 318,321 A 32S RRDAI—Y ED a2 T• PADUCAH,MCCRACKEN CW Y,KENTUCCKY��""```�```''' REQUIREMENTSSFF) 2EQUIREMENT& ING HEIGHT, - xlxxo 017B2 202209 Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Accept the 2024-2026 House Bill 1 Appropriation in the Amount of$3.5 million for the Build Grant Project-H. REASONS & M. TOWNSEND Category: Municipal Order Staff Work By: Hope Reasons Presentation By: Hope Reasons Background Information: The City of Paducah has been appropriated$3.5 million in the 2024-26 House Bill 1 for the BUILD Grant Project. These funds will be administered as a grant through the Department for Local Government. Per the letter received from DLG: "On behalf of the Executive Branch, and the staff of the Department for Local Government(DLG), I am pleased to inform you of the inclusion in the Commonwealth's fiscal year 2024-25 budget of state grant funds for the above-referenced project. The appropriation will be administered by the DLG, Office of State Grants (OSG). The administration of this appropriation is contingent upon the acceptance of the conditions outlined below: 1. Applicant shall be registered to do business with the Commonwealth. 2. Applicant shall submit an Authorizing Resolution by its governing body or board; 3. Applicant shall enter into a Memorandum of Agreement(MOA)with the Commonwealth;" This Municipal Order will fulfill the requirement for number 2 above and will allow DLG to send the MOA. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the Municipal Order to accept the $3.5 million in appropriated funding through the Department for Local Government and authorize the Mayor to sign all documentation related to same. Attachments: 1. MO award—BUILD Grant—State DLG House Bill Funds $3.5 mil 2. Award Letter Draft MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE BETTER UTILIZING INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) GRANT PROJECT IN AN AMOUNT OF $3,500,000 TO IMPROVE THE PADUCAH RIVERFRONT AND PEDESTRIAN CORRIDOR FROM THE CONVENTION CENTER TO DOWNTOWN, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE FUNDS AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, on July 9, 2019, the Paducah Board of Commissioners approved Municipal Order 92261, authorizing the application for a Better Utilizing Investments to Leverage Development(BUILD) grant to improve the Paducah Riverfront and pedestrian corridor from the Convention Center to Downtown; and WHEREAS, on August 23, 2022, the City Commission adopted Municipal Order No. 2632 accepting funds through MARAD in an amount of$10,400,000; and WHEREAS, the City has now received notification that Kentucky House Bill 1 has appropriated$3.5 million for the BUILD Project; and WHEREAS, the City now wishes to authorize the acceptance of said funds. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby accepts funds in the amount of $3,500,000 through the Department for Local Government for the BUILD Grant Project for improvements to the Paducah Riverfront and pedestrian corridor from the Convention Center to Downtown. SECTION 2. That the Mayor is hereby authorized to execute a Memorandum of Understanding for acceptance of the funds and all other documents related to same, as authorized in Section 1, above. SECTION 3. There is no local match requirement. SECTION 4. That this order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners,June 11,2024 Recorded by Lindsay Parish,City Clerk,June 11,2024 MO\grants\award—BUILD Grant—State DLG House Bill Funds$3.5 mil 0 Andy Beshear OFFICE OF THE GOVERNOR Dennis Keene Governor DEPARTMENT FOR LOCAL GOVERNMENT Commissioner 100 AIRPORT ROAD,THIRD FLOOR FRANKFORT, KENTUCKY 40601 PHONE (502)573-2382 FAX(502)227-8691 www.kydlgweb.ky.gov May 30, 2024 The Honorable George Bray Mayor City of Paducah P.O. Box 2267 Paducah, KY 42002-2267 RE: 2024-2026 House Bill 1 (HB 1) Appropriation Executive Branch Notification Complete Federally Funded Build Grant Project Project Number: 25-147 Dear Mayor Bray: On behalf of the Executive Branch, and the staff of the Department for Local Government (DLG), I am pleased to inform you of the inclusion in the Commonwealth's fiscal year 2024-25 budget of state grant funds for the above-referenced project. The appropriation will be administered by the DLG, Office of State Grants (OSG). The administration of this appropriation is contingent upon the acceptance of the conditions outlined below: 1. Applicant shall be registered to do business with the Commonwealth. If the Applicant is not yet registered to do business with the Commonwealth, it must do so as soon as possible. This information is outlined at; https://vss.ky.gov; 2. Applicant shall submit an Authorizing Resolution by its governing body or board; 3. Applicant shall enter into a Memorandum of Agreement (MOA) with the Commonwealth; 4. If a 501(c)3 organization, Applicant shall submit a copy of its determination letter from the Internal Revenue Service. TEAM Arlii► KENTUCKY An Equal Opportunity Employer M/F/D The Honorable George Bray May 30, 2024 Page 2 Please indicate your acceptance of these conditions by signing the attached, and the completed Scope of Work form to DLG as soon as possible. Following receipt of the attached and the required documentation, DLG will begin the process of executing the MOA. Upon final approval by the Finance & Administration Cabinet and the Governmental Contract Review Committee, DLG will provide a copy along with the required next steps. We look forward to working with you and assisting the City of Paducah with these grant funds. If you have questions or concerns, please contact Billie R. Johnson at BillieR.Johnson@ky.gov or (502) 573-2382. Sincerely, / Dennis Keene Commissioner 0 Andy Beshear OFFICE OF THE GOVERNOR Dennis Keene Governor DEPARTMENT FOR LOCAL GOVERNMENT Commissioner 100 AIRPORT ROAD,THIRD FLOOR FRANKFORT, KENTUCKY 40601 PHONE(502)573-2382 FAX(502)227-8691 www.kydlgweb.ky.gov The Honorable George Bray Mayor City of Paducah P.O. Box 2267 Paducah, KY 42002-2267 RE: 2024-2026 House Bill 1 (HB 1) Appropriation Executive Branch Notification Complete Federally Funded Build Grant Project Project Number: 25-147 Dear Mayor Bray: 1. Applicant shall registered to do business with the Commonwealth. If the Applicant is not yet registered to do business with the Commonwealth, it must do so as soon as possible. This information is outlined at https://vss.ky.gov; 2. Applicant shall submit an authorizing resolution by its governing body or board; 3. Applicant shall enter into a Memorandum of Agreement (MOA), with the Commonwealth; 4. If a 501(c)3 organization, Applicant shall submit a copy of its determination letter from the Internal Revenue Service. By affixing my signature below, I, the authorized representative of the Applicant named above, do hereby agree to the conditions set forth above. The Honorable George Bray Date Mayor TEAM .moi KENTUCKY An Equal Opportunity Employer M/F/D Agenda Action Form Paducah City Commission Meeting Date: June 11, 2024 Short Title: Amend the Code of Ordinances to create a new section of the City of Paducah Zoning Code related to Reasonable Accommodation for Recovery Homes - J. SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: This proposed text amendment is intended to provide a streamlined approach for the approval of Recovery Homes, while protecting the rights of handicapped individuals and the character of the surrounding neighborhood. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Commission Priorities List Operational Efficencies Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: 1. ORD 126-88 Reasonable Accommodation for Recovery Homes Updated 2. TXT2024-0001 Reasonable accommodation BOC 3. Signed Resolution ORDINANCE NO. 2024- - AN ORDINANCE ESTABLISHING SECTION 126-88,REASONABLE ACCOMMODATION FOR RECOVERY HOMES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH KENTUCKY WHEREAS, the City of Paducah desires to comply with state and federal law related to housing regulations, and encourages healthy and stable living conditions for individuals in recovery; and WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended by the Federal Fair Housing Amendments Act of 1988 ("FHA"), imposes an affirmative duty on local governments to make reasonable accommodations (modifications or exceptions) in their rules, policies, practices or services related to land use and zoning regulations when such accommodation may be necessary to afford an individual with a recognized handicap an equal opportunity to use and enjoy housing; and WHEREAS, the Kentucky legislature recently enacted standards requiring certification for operation of recovery residences, Recovery Homes, sober living residences and similar homes in the Commonwealth of Kentucky; and WHEREAS, codification of a local procedure for individuals with recognized handicaps seeking equal access to housing to request reasonable accommodation in the application of the City's land use and zoning regulations, standards, policies, and procedures and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair and efficient handling of such requests in accordance with the statutory mandates, including the reasonable accommodation mandates of the FHA while ensuring that the protections offered to legitimate recovering individuals are not abused by unqualified individuals; and WHEREAS, the City has been granted broad police powers to preserve single-family characteristics of its single-family neighborhoods; and WHEREAS,the City has the right to regulate both the number of persons who may reside in a single-family home and the manner in which it is used so long as such regulations do not unfairly discriminate or impair an individual's rights of privacy and association; and WHEREAS, individuals and families often purchase houses in predominately single- family neighborhoods with the expectation of establishing close and long-standing ties with their neighbors and the neighborhood; and WHEREAS,the FHA prohibits enforcement of zoning regulations which would have the effect of discriminating against the handicapped in equal housing opportunities and requires the City provide reasonable accommodation in it's zoning and other regulations if such accommodation is necessary to afford an individual with a recognized handicap an equal opportunity to use and enjoy housing of their choice; and WHEREAS, the City desires to strike a balance between preserving the predominately single-family characteristics of residential neighborhoods and providing opportunities for the handicapped to reside in residential zones; and WHEREAS, the City has been notified of an increase in the number of single-family houses being utilized as Recovery Homes for unrelated individuals; and WHEREAS, the increase has generated community concerns and complaints including, but not limited to;the potential for overcrowding,clustering of Recovery Homes in close proximity to each other, the expansion of the use of the right-of-way for parking where parking is limited, increased police call activity and property value diminution; and WHEREAS, the purpose of a Recovery Home is to provide a comfortable living environment for persons with alcohol or drug addictions in which they can remain clean and sober and can participate in a recovery program within a residential community environment so that they have the opportunity to reside in the neighborhood of their choice; and WHEREAS, recognizing that recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, are considered handicapped under the FHA; and WHEREAS, concentrations of Recovery Homes and the placement of large numbers of recovering addicts in a single dwelling can undermine the benefits of home ownership in predominately single-family neighborhoods and can undermine the characteristics of predominately single-family neighborhoods; and WHEREAS, the City recognizes that while not in character with predominately single- family neighborhoods; when operated lawfully, a Recovery Home provides a societal benefit by providing recognized handicapped individuals the opportunity to live in predominately single- family neighborhoods, as well as providing recovery programs for individuals attempting to overcome their addiction; and WHEREAS, because of their often transient nature and above normal numbers of individuals residing in a single-family dwelling and the lack of regulations, Recovery Homes present problems not typically associated with more traditional single-family uses, including the housing of large numbers of unrelated individuals who may or may not be supervised; disproportionate number of vehicles associated with a single-family dwelling which causes disproportionate traffic and utilization of on-street parking; the potential for excessive noise, outdoor smoking and potential for littering which may interfere with the use and enjoyment of neighboring properties; creating neighbors which have little to no idea who resides in the dwelling with little to no interaction and a disregard for the impact with and upon the neighborhood; the disproportional impact upon City services; and the potential influx of individuals with criminal records; and WHEREAS, there is a need for implementing criteria for determining and establishing reasonable accommodation within the City's Zoning Ordinance that formalize procedures related to such accommodation; and WHEREAS, without some regulation there is no manner of ensuring that the individuals entering into Recovery Home are recognized handicapped individuals and entitled to reasonable accommodation; and WHEREAS, this Ordinance will provide a mechanism for a Recovery Home to seek accommodation upon making a showing that such accommodation is reasonably necessary to afford the individual(s)with recognized handicaps proposing to reside therein,the right to use and enjoy a single-family dwelling in a manner similar to that enjoyed by non-handicapped individuals; and WHEREAS,permitting multiple residents in a Recovery Home and establishing distance requirements and other criteria is reasonable and non-discriminatory and not only helps preserve the characteristics of predominately single-family neighborhoods but also furthers the purpose for which Recovery Homes are established; and WHEREAS, in seeking a balance within the urban residential neighborhood characteristics of the City, a six hundred fifty foot (650') distance requirement still provides a reasonable market for the purchase and operation of a Recovery Home. NOW, THEREFORE,BE IT ORDAINED BY THE CITY OF PADUCAH,KENTUCKY: SECTION A. Section 126-88 of the Paducah Code of Ordinances shall be established to include the following: Sec. 126-88. Reasonable accommodation for Recovery Homes. (a) Definitions. For the purposes of this Article, the following terms are defined as follows: (1) Certifying Organization. Certifying organization, as used in this Article, means: a. The Kentucky Recovery Housing Network; b. The National Alliance for Recovery Residences; c. Oxford House, Inc. and; d. Any other organization that develops and administers professional certification programs requiring minimum standards for the operation of recovery residences that has been recognized and approved by the Cabinet for Health and Family Services. (2) Fair Housing Laws. The Federal Fair Housing Amendments Act of 1988 (FHA) and the provisions of KRS 344.600 et seq., as may be amended from time to time (fair housing laws). (3) Group Home. A residential facility for the care of multiple unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and American with Disabilities Act. A Group Home shall be considered a Recovery Home for all purposes consistent herewith, even if such home includes multiple unrelated individuals. (4) Handicapped. Person with disabilities; for the purposes herein, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one (1) or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602 (h), a person who is currently engaged in illegal use of a controlled substance is not. (5) Operator. An individual or business entity, whether for profit or non-profit, which provides residential services at a Recovery Home. (6) Reasonable Accommodation. The act of making a dwelling unit or housing facility readily accessible to, and usable by, a person with disabilities, through the removal of constraints in the City's land use, zoning, permit and processing procedures. All requested or proposed accommodations may not be reasonable and the reasonableness of a request will be determined by the City. (7) Recovery Home. A Recovery Home means a single-family dwelling unit inhabited or intended to be inhabited by unrelated individuals recovering from a drug and/or alcohol addiction, considered as a handicapped individual under state or federal law, which promotes use disorder recovery through abstinence from intoxicating substances; and shall not include facilities which provide on-site supportive services to residents including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional or other health care services; financial management services; legal services; vocational services or other similar supportive services. (8) Recovery Support Services. Recovery support services means activities that are directed primarily toward recovery from substance use disorders and includes; but is not limited to, mutual aid self-help meetings, recovery coaching, spiritual coaching, group support and assistance in achieving and retaining gainful employment. Recovery support services does not include any medical, clinical, behavioral health or other substance use treatment service for which a license or other approval is required under state law. (b) Purpose. (1) Fair Housing Laws impose an affirmative duty on local governments to make reasonable accommodation in their land use, zoning regulations and land-use practices when such accommodation may be necessary to afford handicapped individuals an equal opportunity to housing in accordance therewith. (2) In furtherance of the purposes of the Fair Housing Laws, this section is intended to: preserve the residential character of predominately single-family residential neighborhoods; ensure that inhabitants of Recovery Homes are actually entitled to reasonable accommodation; limit the secondary impacts of Recovery Homes by reducing noise, lighting and traffic; preserve safety, provide adequate on-street or off-street parking; provide an accommodation for handicapped individuals that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling in a residential neighborhood and to encourage living environments that will enhance opportunities for handicapped individuals to remain in recovery. Pursuant to Fair Housing Laws, this article is also created to provide handicapped individuals reasonable accommodation in zoning regulations to ensure equal access to housing and facilitate the development of housing for individuals with such recognized handicaps when the same may act as a barrier to fair housing opportunities. (3) There is hereby established a procedure for making requests for reasonable accommodation in land use and zoning regulations to comply fully with the intent and purpose of Fair Housing Laws. Unless a Recovery Home has been granted reasonable accommodation as provided in this Article, Recovery Homes shall comply with zoning regulations applicable to the zone in which they are located. (c) Applicability. Reasonable accommodation within the context of the land use and zoning regulations means providing individuals with recognized handicaps flexibility in the application of land use regulations, zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. (d) Notice to the Public of Availability of Accommodating Process. Notice of the availability of reasonable accommodation shall be prominently displayed and provided to requesting individuals, advising the public of the availability of the procedure for eligible applicants. (e) Application for Requesting Reasonable Accommodation. (1) Forms for requesting reasonable accommodation shall be available in the Planning Department and online. (2) An application for reasonable accommodation may be made by: a. Any handicapped individual or his or her representative; b. The owner of the real property intended for use as a Recovery Home for handicapped individuals; or c. The operator of an entity providing residential services at the location. (3) Requests for reasonable accommodation shall be in writing and provide the following information: a. Name, address and phone number of the applicant requesting reasonable accommodation; b. Name, address and phone number of the house manager who is responsible for the day- to-day operation of the facility, if any; c. Address of the property for which accommodation is requested; d. Name, address and phone number of the property owner(s) if not the applicant; e. If the applicant/ operator is not the property owner, a copy of any lease agreement between applicant/ operator and owner must be provided as well as written approval from the property owner to operate a Recovery Home at the proposed location; f. Detailed description of the requested accommodation with reference to any known regulation, policy or procedure from which relief is sought; g. Reason that the requested accommodation may be necessary for the handicapped individual(s)to use the dwelling; h. Copy of the Recovery Home rules and regulations including intake procedures and relapse policy; i. Blank copies of all forms that residents or potential residents are required to complete; j. An affirmation by the applicant or operator that only handicapped residents shall reside at the Recovery Home; k. Where the applicant is not an intended occupant, but instead intends to operate the home for financial or charitable purposes, a copy of any agreement between the applicant/ operator and the property owner setting forth or concerning any fee arrangement or financial reimbursement applicable to each resident of the Recovery Home; and 1. Copy of certification by a Certifying Organization, either permitting the individual or entity to operate a Recovery Home, or indicating the individual or entity is otherwise exempt from certification requirements pursuant to KRS 222.502(b), or proof that the Recovery Home has applied for certification with a Certifying Organization or the Cabinet for Health and Family Services (4) Any information obtained related to an individual's handicap or medical condition shall be considered confidential, shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law. (5) A request for reasonable accommodation to the regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation shall not affect an individual's obligations to comply with all ordinances and laws not at issue in the requested accommodation. (6) If an applicant needs assistance in making the request for reasonable accommodation, the applicant shall submit a request for assistance to the Director of Planning and assistance in filing an appropriate request shall be provided. (7) An applicant may seek relief from the strict application of the provisions of this article by submitting such request in writing to the Director of Planning setting forth specific reasons as to why accommodation over and above the provisions set forth herein is necessary. (8) No application fee shall be charged,except that entities operation a dwelling for-profit shall comply with Section 106-65 of the Paducah Code of Ordinances. (f) Grounds for Reasonable Accommodation. (1) In determining whether to grant a reasonable accommodation, the Director shall consider the totality of the following factors: a. That the property will be used by an individual with a recognized handicap protected under Fair Housing Laws; b. Special needs created by the recognized handicap; c. Potential benefit that can be accomplished by the requested modification; d. Potential impact on properties within the vicinity,including impacts on parking,ingress and egress, traffic, lighting and noise; e. Physical attributes of the property and dwelling structure; f. Alternate accommodations that may provide an equivalent level of benefit; g. Whether the requested accommodation would impose an undue financial or administrative burden on the City; h. Whether the requested accommodation would require a fundamental alteration in the nature of a City function or service, including in the City's overall zoning scheme and neighborhood development; and i. Whether granting the request would be consistent with the City's Comprehensive Plan. (2) In making a determination of whether the requested accommodation would require a fundamental alteration in the immediate neighborhood, the City's overall zoning scheme, overall neighborhood development or the City's Comprehensive Plan, an analysis shall be required of the number of Recovery Homes already accommodated within any specific neighborhood such that the accommodation of the request with an additional Recovery Home would institutionalize a predominately single-family dwelling neighborhood. (3) The Director shall not be required to undertake an investigation of the occupants' handicap. A Recovery Home certified by a Certifying Organization, or which has applied for Certification with a Certifying Organization or the Cabinet for Health and Family Services, and which has a drug testing and relapse policy shall constitute proof of status as handicapped for purposes of this Section. (g) Distance Requirement. (1) No Recovery Home shall be located within six hundred fifty (650) feet, as measured from the closest property lines, of any other Recovery Home, except as delineated in (g) (2) herein. (2) Recovery Homes in existence at the time of enactment of this Section, as referenced in Section 0) (1) herein, which provide proof of Certification by a Certifying Organization and compliance with requirements of the Cabinet for Health and Family Services on July 1, 2024, shall not be required to cease operation due to proximity of less than six hundred fifty (650) feet from the property lines of another Recovery Home. (3) Upon revocation of a permit as set forth in Sections 0) (6) or (n) (1) herein, Recovery Homes in existence at the time of enactment of this Section,as referenced in Section 0)(1) herein shall no longer be excepted from the distance requirement. Upon reapplication for a permit, if any, such Recovery Home shall be required to meet the distance requirement set forth herein. (h) Reviewing Authority. (1) Requests for reasonable accommodation shall be reviewed by the Director of Planning using the criteria set forth herein. (2) The Director shall issue a written decision either granting or denying a temporary permit to operate a Recovery Home in the intended location,in accordance with Section(k)herein. A Temporary Permit may be issued in accordance with Section 0) if, upon initial review, the factors set forth in Section (f) (1)-(2) and (i) (2)-(9) weigh in favor of granting the reasonable accommodation. (3) The Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of receipt of proof of Certification or Denial of Certification by a Certifying Organization or the Cabinet for Health and Family Services and may either grant, grant with modifications or deny a request for reasonable accommodation in accordance with the required findings set forth below. (4) If necessary to reach a determination on the request, the Director may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision shall be stayed until the applicant responds to the request. (i) Required Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall be consistent with Fair Housing Laws and based on the following factors: (1) The Recovery Home shall have applied for certification with a Certifying Organization or the Cabinet for Health and Family Services and otherwise in good standing with the Cabinet for Health and Family Services, as required by KRS 222.502. a. Should the Recovery Home fail to have applied for certification with the Cabinet for Health and Family Services or a Certifying Organization, or otherwise fail to be in good standing with the Cabinet for Health and Family Services as required by KRS 222.502, and not otherwise exempt from certification pursuant to KRS 222.502 (b), the Director's inquiry shall end and the Director need not consider any remaining factors. (2) Whether the Recovery Home will be used by individuals with a recognized handicap as defined herein and protected under Fair Housing Laws. (3) Whether the requested accommodation is necessary to make housing available to an individual with a recognized handicap protected under the Fair Housing Laws. (4) Whether the requested accommodation would impose an undue financial or administrative burden on the City. (5) Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use or zoning regulations, codes or related programs. (6) Whether the requested accommodation will fundamentally alter the neighborhood due to changes in noise, lighting, parking, traffic or other factors deemed appropriate at the discretion of the Director. (7) Whether the requested accommodation will result in a direct threat to the health, safety or welfare of other individuals or cause physical damage to the property of others. (8) Whether the requested accommodation is necessary to make facilities of a similar nature economically viable in light of the particularities of the relevant market and market participants. (9) Whether the existing supply of facilities of a similar nature is already sufficient to provide individuals with a recognized handicap an equal opportunity to live in a residential setting. (10) Whether the applicant has previously had reasonable accommodation revoked or suspended, including the reasons therefore. (j) Temporary Permit. (1) Recovery Homes in Existence at Time of Enactment: The Planning Director shall issue a temporary permit to the operator of a Recovery Home already in existence prior to enactment of this Ordinance which has applied for Certification with a Certifying Organization or the Cabinet for Health and Family Services and provided proof of such application. Upon Certification by a Certifying Organization or the Cabinet for Health and Family Services and provision of proof of certification by the Cabinet for Health and Family Services, a Recovery Home in existence prior to enactment of this Ordinance shall not be required to submit a request for reasonable accommodation as otherwise required herein, but shall be required to submit additional documentation annually. (2) Recovery Homes Not in Existence at Time of Enactment: The Planning Director may issue a temporary permit to the operator of a Recovery Home which is not already in existence prior to the enactment of this Ordinance and which has submitted an application for Certification with a Certifying Organization or the Cabinet for Health and Family Services, if upon initial review; the factors set forth in Section (f) (1)-(2) and(i) (2)-(9)herein weigh in favor of granting the reasonable accommodation. (3) A temporary permit shall authorize the occupancy of a Recovery Home until such time as a Certifying Organization or the Cabinet for Health and Family Services approves or denies the Recovery Home's application. (4) A temporary permit shall indicate only that the Recovery Home has applied for Certification and is in good standing with the Certifying Organization or the Cabinet for Health and Family Services. A temporary permit is not a determination that the Recovery Home will likely be Certified or finally granted reasonable accommodation. (5) The temporary permit shall be valid until the Certifying Organization or the Cabinet for Health and Family Services grants or denies certification following a site visit at the intended or temporarily permitted location. (6) In the event the Recovery Home's application for Certification is denied by a Certifying Organization or the Cabinet for Health and Family Services, the Recovery Home's temporary permit shall be revoked. (k) Written Decision on the Request for Reasonable Accommodation. (1) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Director's findings as set forth in subsection 0) herein. (2) The written decision shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. (3) The notice of decision shall be sent to the applicant by certified mail. (4) The written decision of the Director shall be deemed final unless an applicant appeals the decision to the Board of Adjustment within the prescribed time period pursuant to KRS 100.261 (1). (5) In the event the Director fails to render a written decision within thirty (30) days, the request shall be forwarded to the City Manager's Office for final determination, which shall make such written determination within fifteen (15) days thereof. (6) While a request for reasonable accommodation is pending, all ordinances, laws and regulations otherwise applicable to the property shall remain in full force and effect. (7) The Director shall maintain records of requests for reasonable accommodation and the response thereto, including final written decisions. (1) Appeals (1) An applicant may appeal an adverse decision within thirty (30) days of the date of the written decision. Appeals from the adverse decision shall be made in writing to the Board of Adjustment. (2) Appeals shall be filed in the Planning Department. (3) All appeals shall contain a statement of the grounds for the appeal. (4) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (m) Requirements of Recovery Homes Following Written Decision Granting Reasonable Accommodation. Following the written determination that a Recovery Home is entitled to reasonable accommodation, the Recovery Home shall be subject to the following: (1) Insurance and Mortgage Notification Requirement. a. The operator of any Recovery Home shall maintain and provide proof to the City of general liability and homeowners/renters insurance coverage in an amount deemed appropriate by the operator of the Recovery Home and the Certifying Organization. b. The operator shall be required to provide proof to the City that any mortgage lien holder on the subject property has been notified of the use of the premises as a Recovery Home. (2) Good Neighbor Policy. The Recovery Home shall maintain a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for accepting complaints from neighbors and for the house manager/operator to follow when a neighbor complaint is received. (3) Parking. The Recovery Home shall not permit occupants or visitors to park on unfinished, grass or dirt surfaces. Occupant parking shall not be permitted to interfere with the ingress and egress of the home or neighboring properties. (4) Maintenance of records. The Recovery Home operator shall maintain records for a period of one (1) year following eviction, or involuntary termination, of an occupant. Nothing herein shall require an operator to violate any provision of state or federal law regarding confidentiality of health care information. (5) The operator shall screen occupants for registry pursuant to KRS 17.510. The operator shall ensure that no occupant resides in the Recovery Home in violation of KRS 17.545. (6) Compliance with Applicable Codes. The Recovery Home shall remain in full compliance with all applicable building, electrical, fire,property maintenance, and nuisance codes. (7) The operator shall be responsible for filing with the City: 1. Any updates or changes to policies, procedures, ownership or operating entity within thirty (30) days; 2. Any changes in certification or licensure with the Cabinet for Health and Family Services and/or Certifying Organization within seven (7) days; and 3. Updated/renewed proof of insurance as required in (m) (1), certification, and registry with the Cabinet for Health and Family Services annually, on or before April 15. (n) Suspension and Revocation. (1) A Recovery Home, including those with temporary permits pursuant to subsection 0), shall be subject to suspension or revocation of accommodation, subject to notice and a right to a hearing, due to any of the following conditions indicating that the accommodation is either no longer reasonable or no longer appropriate under state or federal law: a. Any applicant, property owner, operator or staff person has provided materially false or misleading information in the request for accommodation or omitted any pertinent information. b. Any applicant, property owner, operator or staff person has been convicted of, or pleaded nolo contendere, within the last ten (10)years, to any of the following: 1. Any sex offense for which a person is required to register as a sex offender under KRS 17.510; 2. Arson offenses; 3. Violent felonies involving bodily harm to another person; or 4. Unlawful sale or distribution of controlled substances. c. Any operator that accepts residents, other than a house manager or staff member, who are not handicapped as defined under Fair Housing Laws. d. The Recovery Home is denied or loses certification by a Certifying Organization or the Cabinet for Health and Family Services or otherwise fails to comply with the requirements of KRS 222.502 or KRS 222.506. e. The operator fails to immediately take measures to remove any resident who no longer meets the definition of handicapped as defined under Fair Housing Laws,due to current illegal use or abuse of a controlled substance or addiction. f. Significant or repeated violations of this Section or any other applicable laws, ordinances and/or regulations. (2) Prior to revocation of the permit or temporary permit providing accommodation,the operator of a Recovery Home shall be provided written notice of the City's intent to suspend or revoke an accommodation, including the reasons for such suspension or revocation. The operator shall have the right to request a hearing to contest the intent in writing within five (5) business days of receipt of the notice of intent to suspend or revoke the accommodation. The request for hearing shall be filed with the Planning Department. (3) Upon written request, a hearing shall be scheduled before the Board of Adjustment, in accordance with KRS 100.261. (4) Appeals from the Board of Adjustment shall follow KRS 100.347. SECTION 2. That if any section,paragraph or provision of this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section,paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph, an provision hereof separable from all other sections,paragraphs and provisions. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray,Mayor ATTEST: Lindsay Parish,City Clerk Introduced by the Board of Commissioners,May 14,2024 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\plan\126-88 Reasonable Accommodation for Recovery Homes TEXT AMENDMENT PADUCAH BOARD OF COMMISSIONERS CASE No. TXT2024-0001 TITLES 126-88 Reasonable accommodation for recovery homes DESCRIPTION Text change to provide for recovery homes and the establishment procedures thereof. PROCEDURAL NOTE Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). Said public hearing took place on May 6,2024. The Planning Commission has forwarded a favorable recommendation to the Board of Commissioners with a 4-2 vote. (Commissioners Kaler, Morrison, Rhodes and Chairman Wade voting Yea, Commissioners Carman and Griffin voting Nay). CONSIDERATIONS In recent years, the City has received numerous requests to establish recovery homes in various areas of the City. There has not been a streamlined or formal established procedure. In order to protect the character of the City's residential neighborhoods while also providing equal access to housing and facilitating the development of housing for individuals with recognized handicaps, staff would like to propose guidelines and establishment procedures contained herein. The City has utilized several sources in developing the proposed text amendment contained herein. The City of Bellvue, Kentucky, in collaboration with Newport,Fort Wright and other communities, adopted a similar ordinance to our proposal. The reasonable accommodation for the cities of Phoenix, Arizona and Costa Mesa, California have also been reviewed because they have been heavily litigated on claims under the Americans with Disabilities Act and the Fair Housing Act. The City of Paducah wishes to draw from successes and challenges of these communities in formulating procedures that serve both the residential neighborhoods as well as the rights of handicapped individuals. Further,this ordinance was developed in consideration of decisions rendered from the United States Supreme Court regarding Oxford Houses and zoning ordinances affecting those establishments in litigation from across the United States. TEXT AMENDMENTS The proposed amendments are as follows: WHEREAS,the City of Paducah desires to comply with state and federal law related to housing regulations, and encourages healthy and stable living conditions for individuals in recovery; and WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended by the Federal Fair Housing Amendments Act of 1988 ("FHA"),imposes an affirmative duty on local governments to make reasonable accommodations (modifications or exceptions)in their rules,policies,practices or services related to land use and zoning regulations when such accommodation may be necessary to afford an individual with a recognized handicap an equal opportunity to use and enjoy housing; and STAFF REPORT (continued) page 2 of 11 WHEREAS, the Kentucky legislature recently enacted standards requiring certification for operation of recovery residences, Recovery Homes, sober living residences and similar homes in the Commonwealth of Kentucky; and WHEREAS, codification of a local procedure for individuals with recognized handicaps seeking equal access to housing to request reasonable accommodation in the application of the City's land use and zoning regulations, standards, policies, and procedures and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair and efficient handling of such requests in accordance with the statutory mandates, including the reasonable accommodation mandates of the FHA while ensuring that the protections offered to legitimate recovering individuals are not abused by unqualified individuals; and WHEREAS, the City has been granted broad police powers to preserve single-family characteristics of its single-family neighborhoods; and WHEREAS, the City has the right to regulate both the number of persons who may reside in a single-family home and the manner in which it is used so long as such regulations do not unfairly discriminate or impair an individual's rights of privacy and association; and WHEREAS, individuals and families often purchase houses in predominately single-family neighborhoods with the expectation of establishing close and long-standing ties with their neighbors and the neighborhood; and WHEREAS, the FHA prohibits enforcement of zoning regulations which would have the effect of discriminating against the handicapped in equal housing opportunities and requires the City provide reasonable accommodation in it's zoning and other regulations if such accommodation is necessary to afford an individual with a recognized handicap an equal opportunity to use and enjoy housing of their choice; and WHEREAS, the City desires to strike a balance between preserving the predominately single- family characteristics of residential neighborhoods and providing opportunities for the handicapped to reside in residential zones; and WHEREAS,the City has been notified of an increase in the number of single-family houses being utilized as Recovery Homes for unrelated individuals; and WHEREAS, the increase has generated community concerns and complaints including, but not limited to;the potential for overcrowding, clustering of Recovery Homes in close proximity to each other, the expansion of the use of the right-of-way for parking where parking is limited, increased police call activity and property value diminution; and WHEREAS,the purpose of a Recovery Home is to provide a comfortable living environment for persons with alcohol or drug addictions in which they can remain clean and sober and can participate in a recovery program within a residential community environment so that they have the opportunity to reside in the neighborhood of their choice; and WHEREAS,recognizing that recovering alcoholics and drug addicts,who are not currently using alcohol or drugs, are considered handicapped under the FHA; and WHEREAS, concentrations of Recovery Homes and the placement of large numbers of recovering addicts in a single dwelling can undermine the benefits of home ownership in predominately single-family neighborhoods and can undermine the characteristics of predominately single-family neighborhoods; and STAFF REPORT (continued) page 3 of 11 WHEREAS, the City recognizes that while not in character with predominately single-family neighborhoods; when operated lawfully, a Recovery Home provides a societal benefit by providing recognized handicapped individuals the opportunity to live in predominately single-family neighborhoods, as well as providing recovery programs for individuals attempting to overcome their addiction; and WHEREAS, because of their often transient nature and above normal numbers of individuals residing in a single-family dwelling and the lack of regulations, Recovery Homes present problems not typically associated with more traditional single-family uses, including the housing of large numbers of unrelated individuals who may or may not be supervised; disproportionate number of vehicles associated with a single-family dwelling which causes disproportionate traffic and utilization of on-street parking; the potential for excessive noise, outdoor smoking and potential for littering which may interfere with the use and enjoyment of neighboring properties; creating neighbors which have little to no idea who resides in the dwelling with little to no interaction and a disregard for the impact with and upon the neighborhood; the disproportional impact upon City services; and the potential influx of individuals with criminal records; and WHEREAS,there is a need for implementing criteria for determining and establishing reasonable accommodation within the City's Zoning Ordinance that formalize procedures related to such accommodation; and WHEREAS,without some regulation there is no manner of ensuring that the individuals entering into Recovery Home are recognized handicapped individuals and entitled to reasonable accommodation; and WHEREAS, this Ordinance will provide a mechanism for a Recovery Home to seek accommodation upon making a showing that such accommodation is reasonably necessary to afford the individual(s) with recognized handicaps proposing to reside therein, the right to use and enjoy a single- family dwelling in a manner similar to that enjoyed by non-handicapped individuals; and WHEREAS, permitting multiple residents in a Recovery Home and establishing distance requirements and other criteria is reasonable and non-discriminatory and not only helps preserve the characteristics of predominately single-family neighborhoods but also furthers the purpose for which Recovery Homes are established; and WHEREAS, in seeking a balance within the urban residential neighborhood characteristics of the City, a six hundred fifty foot (650') distance requirement still provides a reasonable market for the purchase and operation of a Recovery Home. NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF PADUCAH,KENTUCKY: SECTION A. Section 126-88 of the Paducah Code of Ordinances shall be established to include the following: Sec. 126-88. Reasonable accommodation for Recovery Homes. (a) Definitions. For the purposes of this Article, the following terms are defined as follows: (1) Certifying Organization. Certifying organization, as used in this Article,means: a. The Kentucky Recovery Housing Network; b. The National Alliance for Recovery Residences; c. Oxford House, Inc. and; STAFF REPORT (continued) page 4 of 11 d. Any other organization that develops and administers professional certification programs requiring minimum standards for the operation of recovery residences that has been recognized and approved by the Cabinet for Health and Family Services. (2) Fair Housing Laws. The Federal Fair Housing Amendments Act of 1988 (FHA) and the provisions of KRS 344.600 et seq., as may be amended from time to time (fair housing laws). (3) Group Home. A residential facility for the care of multiple unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and American with Disabilities Act. A Group Home shall be considered a Recovery Home for all purposes consistent herewith, even if such home includes multiple unrelated individuals. (4) Handicapped. Person with disabilities; for the purposes herein, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one (1) or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602 (h), a person who is currently engaged in illegal use of a controlled substance is not. (5) Operator. An individual or business entity, whether for profit or non-profit, which provides residential services at a Recovery Home. (6) Reasonable Accommodation. The act of making a dwelling unit or housing facility readily accessible to, and usable by, a person with disabilities, through the removal of constraints in the City's land use, zoning, permit and processing procedures. All requested or proposed accommodations may not be reasonable and the reasonableness of a request will be determined by the City. (7) Recovery Home. A Recovery Home means a single-family dwelling unit inhabited or intended to be inhabited by unrelated individuals recovering from a drug and/or alcohol addiction,considered as a handicapped individual under state or federal law, which promotes use disorder recovery through abstinence from intoxicating substances; and shall not include facilities which provide on-site supportive services to residents including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional or other health care services; financial management services; legal services; vocational services or other similar supportive services. (8) Recovery Support Services. Recovery support services means activities that are directed primarily toward recovery from substance use disorders and includes; but is not limited to,mutual aid self- help meetings, recovery coaching, spiritual coaching, group support and assistance in achieving and retaining gainful employment. Recovery support services does not include any medical, clinical, behavioral health or other substance use treatment service for which a license or other approval is required under state law. (b) Purpose. (1) Fair Housing Laws impose an affirmative duty on local governments to make reasonable accommodation in their land use, zoning regulations and land-use practices when such accommodation may be necessary to afford handicapped individuals an equal opportunity to housing in accordance therewith. (2) In furtherance of the purposes of the Fair Housing Laws, this section is intended to: preserve the residential character of predominately single-family residential neighborhoods; ensure that STAFF REPORT (continued) page 5 of 11 inhabitants of Recovery Homes are actually entitled to reasonable accommodation; limit the secondary impacts of Recovery Homes by reducing noise, lighting and traffic; preserve safety, provide adequate on-street or off-street parking; provide an accommodation for handicapped individuals that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling in a residential neighborhood and to encourage living environments that will enhance opportunities for handicapped individuals to remain in recovery. Pursuant to Fair Housing Laws, this article is also created to provide handicapped individuals reasonable accommodation in zoning regulations to ensure equal access to housing and facilitate the development of housing for individuals with such recognized handicaps when the same may act as a barrier to fair housing opportunities. (3) There is hereby established a procedure for making requests for reasonable accommodation in land use and zoning regulations to comply fully with the intent and purpose of Fair Housing Laws. Unless a Recovery Home has been granted reasonable accommodation as provided in this Article, Recovery Homes shall comply with zoning regulations applicable to the zone in which they are located. (c)Applicability. Reasonable accommodation within the context of the land use and zoning regulations means providing individuals with recognized handicaps flexibility in the application of land use regulations, zoning regulations, policies, practices and procedures, or even waiving certain requirements,when it is necessary to eliminate barriers to housing opportunities. (d)Notice to the Public ofAvailability ofAccommodating Process. Notice of the availability of reasonable accommodation shall be prominently displayed and provided to requesting individuals, advising the public of the availability of the procedure for eligible applicants. (e) Application for Requesting Reasonable Accommodation. (1) Forms for requesting reasonable accommodation shall be available in the Planning Department and online. (2) An application for reasonable accommodation may be made by: a. Any handicapped individual or his or her representative; b. The owner of the real property intended for use as a Recovery Home for handicapped individuals; or c. The operator of an entity providing residential services at the location. (3) Requests for reasonable accommodation shall be in writing and provide the following information: a. Name, address and phone number of the applicant requesting reasonable accommodation; b. Name, address and phone number of the house manager who is responsible for the day-to-day operation of the facility, if any; c. Address of the property for which accommodation is requested; d. Name, address and phone number of the property owner(s) if not the applicant; e. If the applicant/ operator is not the property owner, a copy of any lease agreement between applicant/ operator and owner must be provided as well as written approval from the property owner to operate a Recovery Home at the proposed location; STAFF REPORT (continued) page 6 of 11 f. Detailed description of the requested accommodation with reference to any known regulation, policy or procedure from which relief is sought; g. Reason that the requested accommodation may be necessary for the handicapped individual(s) to use the dwelling; h. Copy of the Recovery Home rules and regulations including intake procedures and relapse policy; i. Blank copies of all forms that residents or potential residents are required to complete; j. An affirmation by the applicant or operator that only handicapped residents shall reside at the Recovery Home; k. Where the applicant is not an intended occupant, but instead intends to operate the home for financial or charitable purposes, a copy of any agreement between the applicant/operator and the property owner setting forth or concerning any fee arrangement or financial reimbursement applicable to each resident of the Recovery Home; and 1. Copy of certification by a Certifying Organization, either permitting the individual or entity to operate a Recovery Home, or indicating the individual or entity is otherwise exempt from certification requirements pursuant to KRS 222.502(b), or proof that the Recovery Home has applied for certification with a Certifying Organization or the Cabinet for Health and Family Services (4) Any information obtained related to an individual's handicap or medical condition shall be considered confidential, shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law. (5) A request for reasonable accommodation to the regulations,policies,practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation shall not affect an individual's obligations to comply with all ordinances and laws not at issue in the requested accommodation. (6) If an applicant needs assistance in making the request for reasonable accommodation,the applicant shall submit a request for assistance to the Director of Planning and assistance in filing an appropriate request shall be provided. (7) An applicant may seek relief from the strict application of the provisions of this article by submitting such request in writing to the Director of Planning setting forth specific reasons as to why accommodation over and above the provisions set forth herein is necessary. (8) No application fee shall be charged, except that entities operation a dwelling for-profit shall comply with Section 106-65 of the Paducah Code of Ordinances. (f) Grounds for Reasonable Accommodation. (1) In determining whether to grant a reasonable accommodation, the Director shall consider the totality of the following factors: a. That the property will be used by an individual with a recognized handicap protected under Fair Housing Laws; b. Special needs created by the recognized handicap; c. Potential benefit that can be accomplished by the requested modification; d. Potential impact on properties within the vicinity, including impacts on parking, ingress and egress, traffic, lighting and noise; e. Physical attributes of the property and dwelling structure;