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Home My WebLink About01/28/03JANUARY 28, 2003 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 28, 2003, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Smith and Mayor Paxton (4). Commissioner Montgomery was absent (1). PRESENTATIONS SUNDAY RESTAURANT LIQUOR SALES - Bob Hoppmann Mr. Bob Hoppmann, owner of The Pasta House, was here to represent an ad hoc committee of 26 restaurant owners with a current liquor license who are interested in the City allowing Sunday restaurant liquor sales. He presented the Commission with the list of interested parties. To be eligible for Sunday alcohol sales you have to have a restaurant with a current alcohol license and a Certificate of Occupancy with a seating capacity of 100 people at tables. State law allows for Sunday sales to begin at 1:00 p.m. and allows local governments to choose the time sales end. The restaurant owners are requesting the end time to be 10:00 p.m. They believe it will be an economic boost to the area due to conventions being held in town. The Mayor has received a letter of opposition from Bro. Don Young, Heartland Worship Center, requesting a meeting with the Board and other pastors in the area. Kevin McCallon, Pastor of First Baptist Church, voiced his opinion as a citizen and said he does not see anything positive coming from Sunday alcohol sales. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Smith, that the reading of the Minutes for January 14 & 21, 2003, be waived and that the Minutes of said meeting(s) prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). APPOINTMENTS Mayor Paxton made the following appointment: "WHEREAS, in accordance with Section 114-293 of the Code of Ordiannces of the City of Paducah, and subject to the approval of the Board of Commissioners, I hereby make the following appointments to the Commissioners of Water Works: Reappoint W. James Brockenborough, which term will expire January 6, 2007; and Reappoint Commissioner Gerry Montgomery, which term will expire December 31, 2004. Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in reappointing W. James Brockenborough and Gerry Montgomery as members of the Commissioners of Water Works. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). MOTIONS R & F DOCUMENTS & PROPOSALS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents and bids be received and filed: DOCUMENTS Certificate(s) of Insurance: a) Jones Fence Company 2. Economic Development Bond First Amended Grant Agreement January 3, 2003 Between GPEDC & Cabinet for Economic Development [$2,200,000] 165 166 JANUARY 28, 2003 3. First Supplemental Assistance Agreement Between City of Paducah and Kentucky Infrastructure Authority 4. Final Results McCracken County General Election November 5, 2002 5. Paducah McCracken Joint Sewer Agency Annual Audited Financial Statements For Year Ended June 30, 2002 BIDS I. ENGINEERING DEPT. Equipment rental: a) Central Paving Co. of Paducah, Inc. b) Paducah Paving Co., Inc. c) H & G Construction, Inc. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). RE -ROOF JULIAN M. CARROLL CONVENTION CENTER Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Paducah -McCracken County Convention Center Corporation proceed with the re -roofing of the Julian M. Carroll Convention Center and that the city of Paducah will financially support such project by borrowing funds for the repairs and agreeing with the Convention Center Corporation Board and McCracken County to share the costs of amortizing the debt. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Coleman offered motion, seconded by Commissioner Guess, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ALCOHOL & DRUG POLICY, RANDOM TESTING Commissioner Guess offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER ESTABLISHING A CITY OF PADUCAH CONTROLLED SUBSTANCE ABUSE POLICY AND INSTRUCTING THE CITY MANAGER TO AMEND ANY CONFLICTING ADMINISTRATIVE PROVISIONS TO COMPLY WITH THIS MUNICIPAL ORDER," be adopted. After much, discussion between the Board and the department heads the following was decided. TABLE ABOVE MUNICIPAL ORDER Commissioner Coleman offered motion, seconded by Commissioner Guess, that the above municipal order be tabled for reconsideration. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). 13 ORDINANCES - ADOPTION APPROVE KENTUCKY BODY ARMOR REIMBURSEMENT GRANT Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT FOR A STATE OF KENTUCKY BODY ARMOR GRANT REIMBURSEMENT PROGRAM." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to JANUARY 28, 2003 execute a Memorandum of Agreement and all documents relating thereto with the Department for Local Government in the amount of $31,040 for a State of Kentucky Body Armor Reimbursement Grant for personal body armor vests purchased for police officers. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ORD. NO. 2003-1-6610; BK 29; PG !V�� TRANSFER LOT TO PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FROM THE CITY OF PADUCAH TO THE PADUCAH- McCRACKEN COUNTY JOINT SEWER AGENCY FOR TRANSFER OF PROPERTY." This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute a Deed of Conveyance from the City of Paducah to the Paducah -McCracken County Joint Sewer Agency for transfer of property located on the south side of Seventh Street. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). ORD. NO. 2003-1-6611; BK 29; PG Vy CONTRACT WITH EXECUTIVE RECRUITER FOR PERSONNEL DIRECTOR POSITION Commissioner Guess offered motion, seconded by Commissioner Smith, that the ordinance* entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH THE PAR GROUP TO ASSIST THE CITY IN RECRUITING AND SELECTING A NEW PERSONNEL DIRECTOR", adopted on January 14, 2003, be changed from an emergency to first reading and be brought back for second and final reading for vote at tonight's meeting. �i w Adopted on call of the roll, yeas, Commissioners, Guess, Smith and Mayor Paxton (3). Nays, Commissioner Coleman (1). Commissioner Guess offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH THE PAR GROUP TO ASSIST THE CITY IN RECRUITING AND SELECTING A NEW PERSONNEL DIRECTOR." This ordinance is summarized as follows: Authorizing and directing to execute a contract with the PAR Group in an amount not to exceed $20,000, for services to assist the City of Paducah in recruiting and selecting a new Personnel Director. Adopted on call of the roll, yeas, Commissioners Guess, Smith and Mayor Paxton (3). Nays, Commissioner Coleman (1). ORD. NO. 2003-1-6612; BK 29; PG —Y ORDINANCES - INTRODUCTION EQUIPMENT RENTAL CONTRACT FOR 2003-2004 Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH CENTRAL PAVING FOR RENTAL OF VARIOUS EQUIPMENT FOR THE REMAINDER OF THE 2003 CALENDAR YEAR AND FOR THE 2004 CALENDAR YEAR." This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a contract with Central Paving for rental of various equipment for the remainder of the 2003 calendar year and the 2004 calendar year. This contract will allow for a one year extension. 167 U V/ FLEXBEN CORPORATION SERVICE AGREEMENT Commissioner Coleman offered motion, seconded by Commissioner Smith, that the n / Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE C/ AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND FLEXBEN CORPORATION." This 168 JANUARY 28, 2003 ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute an agreement between the City of Paducah and F1exBen Corporation for providing administrative and communication services for the City's flexible spending account. AMEND SEC. 14-44, PENALTIES FOR ANIMALS Commissioner Guess offered motion, seconded by Commissioner Coleman, that that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SECTION 14-44 OF CHAPTER 14, "ANIMALS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. " This ordinance shall be read in full as follows: AN ORDINANCE AMENDING SECTION 14-44 OF CHAPTER 14, "ANIMALS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 14-44 is hereby amended to read as follows: Sec. 14-44. Penalties. (a) If any dog shall, when unprovoked, kill or wound or assist in killing or wounding any domesticated animal, the owner or keeper of said dangerous dog shall be guilty of a misdemeanor, and shall, upon conviction, be punished by not less than a $250.00 fine nor more than a $500.00 fine. (b) If any dog shall, when unprovoked, attack, assault, wound or otherwise injure a human being, the owner or keeper shall be deemed guilty of a Class A IV misdemeanor and shall, upon conviction, be punished by a fine of not less than $250.00, nor more than $500.00 or imprisoned for a period not to exceed six months, or both. (c) If any dog shall, when unprovoked, attack, assault, wound or otherwise cause serious physical injury to or kill a human being, the owner or keeper shall be deemed guilty of a Class A misdemeanor and may, upon conviction, be punished by a fine of $500.00 and imprisoned for a period of not less than six months nor to exceed to 12 months. (d) Any person violating any provision of this article for which another penalty is not otherwise provided shall be deemed guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500.00, or be imprisoned for a period not to exceed 12 months, or be both so fined and imprisoned. Each day a violation continues shall constitute a separate offense. (e) Any person violating the provisions of Sections 14-32, 14-33, or 14-34 shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500.00, or be imprisoned for a period not to exceed 30 days, or be both so fined and imprisoned., and, if , of deg(s) neeessar-y in order- to aehieve eemplianeeA4th Seetien 14 32 w4thin seven (7) days. Faihffe to eemply with the eeuA's order- in this regard -A411 result in removal of the deg(s) by the eity war -den. Each day a violation continues shall constitute a separate offense. (f) Any person violating the provisions of Section 14-35 shall be guilty of a violation and shall be fined not less than $10.00 nor more than $1,000. PADUCAH HOUSING AUTHORITY'S PROPOSED ASSISTED LIVING FACILITY AT THE OLD M L KING HOUSING PROJECT SITE Commissioner Smith offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH HOUSING AUTHORITY". This ordinance is summarized as follows: That the Paducah City Commission hereby endorses the proposal of the Paducah Housing Authority to construct an 80 unit multi -story assisted living facility for low-income residents on the site of the Martin Luther King Housing Project and instructs the City Manager and staff to execute all documents required to apply for and receive Section 8 vouchers for this project. Cal Ross, Director of the Paducah Housing Authority, and Rhonda Lee James of the Housing Authority, gave a presentation regarding the assisted living facility. This project will cost about $8.5 million but will not cost the City any money. The City only has to support the project and instruct the local Section 8 office to apply for the vouchers with N ED 169 JANUARY 28, 2003 the state HUD office in Louisville. They feel it is a win/win situation because it will bring jobs to the community and fill a need for the elderly who require minimal assistance. CITY MANAGER REPORT City Manager handed out a schedule for the Commission Advance to be held January 31, zl� & February 1. Requested if the Board wanted to cancel the workshop on February 4 due to some commissioners being unavailable. Feb. 5 - All day session with planning firms to do Downtown Master Plan/Waterfront Marketing Study EMS Report from McGrath Consultants has been received and will be discussed at the February 18, 2003, commission meeting. City Manager requested an Executive Session to discuss economic development and real estate. EXECUTIVE SESSION Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board go into closed session for discussion of matters pertaining to the following topics: Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b). Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor Paxton (4). Upon motion the meeting adjourned. ADOPTED: February 12 '2003 City Clerk