HomeMy WebLinkAbout01/14/03158
JANUARY 14, 2003
At a Meeting of the Board of Commissioners, held in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 14, 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)•
AGENDA ADDITIONS/DELETIONS
City Manager requested that item (V). A. Airport Marketing Program, Contract with
Marketing Firm be removed from the agenda.
Mayor Paxton announced the KICK-OFF Campaign fundraiser for the last $8 million
necessary to complete the Four Rivers for Performing Arts Center began today.
The Mayor also informed the public on the progress of Comm. Montgomery's health
situation.
RECOGNITION
SHOP -WITH -A -COP
Ofcr. Steve Balentine was in charge of this project. He carried it out very successfully
with help from Ryan's Steakhouse, Paducah Area Transit Authority, Super Valu, Wal-
Mart, CSI and the Police FOP. It is a program that was begun about 16 years ago to help
families by allowing them to shop for presents and food on their own from funds that
were donated. It was very successful this year. They were able to provide for about 13
families.
CITY OF PADUCAH UNITED WAY CONTRIBUTION
Ben Petersen, campaign representative for the City, introduced President Kent Price and ✓
Co -Chair Danny Murphy of United Way. They thanked the Board and the employees of
the City for their donation of time and money.
MINUTES
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
reading of the Minutes for December 17, 2002 and January 7, 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
PADUCAH-McCRACKEN COUNTY EMERGENCY COMMUNICATION
SERVICE BOARD
Mayor Paxton made the following appointment: WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint David Guess as a member of the Paducah -
McCracken County Emergency Communication Service Board to replace Richard
Abraham, whose term has expired. This term will expire December 31, 2004.
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in appointing David Guess
as a member to the Paducah -McCracken County Emergency Communication Service
Board.
Adopted on call of the roll, yeas, Commissioners Coleman, Smith and Mayor Paxton (3).
C'I PADUCAH HUMAN RIGHTS COMMISSION
Mayor Paxton made the following appointment: WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Betty Polashock as a member of the
Paducah Human Rights Commission to replace Eugenia Pea, who has resigned. This
term will expire July 24, 2003.
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners approve the action of Mayor Paxton in appointing Betty
Polashock as a member of the Paducah Human Rights Commission.
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JANUARY 14, 2003
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
Paxton (4).
ELECTRIC PLANT BOARD
Mayor Paxton made the following appointment: WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Herbert Martin as a member of the
Electric Plant Board. This term will expire February 6, 2007.
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing Herbert
Martin as a member of the Electric Plant Board.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
Paxton (4).
PADUCAH-MCCRACKEN COUNTY TELECOMMUNICATIONS AND
INFORMATION AUTHORITY
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Buz Smith as a member of the Paducah -
McCracken County Telecommunications & Information Authority. This 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 appointing Buz Smith as
a member of the Paducah -McCracken County Telecommunication & Information
Authority.
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 proposals be received and filed:
DOCUMENTS
1. Certificate(s) of Insurance:
a) Asphalt Paving, Inc. DBA API Contractors
b) Bogard Trucking & Excavating, Inc.
c) Chester Mechanical, Inc.
d) W. A. Davis Construction, Inc.
e) Hannan Supply Company, Inc.
f) Harlyn Culp
g) D & D Construction Company
h) Galloway Plumbing, Inc.
i) M P Lawson Construction LLC
j) Metzger Construction
k) Tilford Contractors, Inc. & Buford Heating & Air Conditioning
2. Change Order #1 for 2002 Street Resurfacing Program with Jim Smith Contracting
Company, Inc. [Ord. No. 2002-12-6595]
3. Memorandum of Agreement with The Commonwealth of Kentucky Natural 0
Resources and Environmental Protection Cabinet for Tree Inventory and Staff
Training [Ord. No. 2002-7-6547]
4. DUI Agreements With City Employees For Municipal Order No. 977
5. Oath's of Office For Paducah City Board of Commission for Term 2003-2004
6. City of Paducah Comprehensive Annual Financial Report For Year Ended
June 30, 2002
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JANUARY.14, 2003
7. City of Paducah Audit Management Letter For Year Ended June 30, 2002
8. Notice of Cancellation of the Regularly Scheduled Board of Commissioners Meeting
For December 24, 2002.
PROPOSALS
PLANNING DEPT.
Renovation of Paducah Hide & Junk Buildings at 221-223 South 2"d Street:
a) Kelly's Irish Pub and Eatery
b) The Junkyard
c) Brentley's Fine Cigars and Gifts
d) Joel Lillevig
e) Joe & Norma Eaton, Robert Brown, Gresham -Henson -Perry
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
Paxton (4).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Smith offered motion, seconded by Commissioner Coleman, 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).
AMENDMENT NO.9 TO THE CITY'S HEALTH INSURANCE PLAN
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENT NO. 9 4,,—
TO
/TO THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN SUMMARY
FOR EMPLOYEES OF THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
Paxton (4). M.O. 980; BK)t PG .+ 3
S
CERS INSTALLMENT SERVICE CREDIT PURCHASE PLAN
Commissioner Guess offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE KENTUCKY COUNTY EMPLOYEE RETIREMENT SYSTEM FORM
7280 FOR EMPLOYEES TO USE PRE-TAX MONEY TO PURCHASE
RETIREMENT SERVICE CREDIT," be adopted.
Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
Paxton (4). M.O. 981; BK; PG y
S
TRANSFER OF FUNDS TO LOWER TOWN REVITALIZATION ACCOUNT
Commissioner Smith offered,motion, seconded by Commissioner Coleman, that a
Municipal Order entitled "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING
THE FINANCE DIRECTOR TO TRANSFER $50,000 FROM THE COMMISSION
CONTINGENCY ACCOUNT TO THE LOWER TOWN REVITALIZATION FUND,"
be adopted.
I, Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Smith and Mayor
J / Paxton (4). M.O. 982; BK* PG eS
APPROVE 2003 LAND AND WATER GRANT APPLICATION
Commissioner Coleman offered motion, seconded by Commissioner Guess, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE
APPLICATION FOR A NATIONAL PARK SERVICE MATCHING GRANT IN THE
AMOUNT OF $75,000.00, THROUGH THE KENTUCKY DEPARTMENT FOR
LOCAL GOVERNMENT," be adopted.
Adopted on call of the roll, yeas Commissioners Coleman, Guess, Smith and Mayor
Paxton (4). M.O. 983; BK$; PG
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JANUARY 14, 2003
ORDINANCES - EMERGENCY
CONTRACT WITH EXECUTIVE SEARCH FIRM FOR PERSONNEL
DIRECTOR POSITION
Commissioner Smith offered motion, seconded by Commissioner Guess, that the Board
of Commissioners introduce and 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 the Mayor 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. 2003-1-6602; BK 29; PGY,2
Mayor Paxton named Commissioner Buz Smith as Temp. Mayor Pro Tem until
Commissioner Montgomery returns.
ORDINANCES - ADOPTION
DOG ORDINANCES
REPEAL SEC. 14-32, MAXIMUM NUMBER OF DOGS
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE REPEALING
SECTION 14-32 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH."
This ordinance is summarized as follows: The City of Paducah hereby repeals in its
entirety Section 14-32, Maximum Number of Dogs Allowed in Each Household or on
Each Lot.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton (4). ORD. NO. 2003-1-6603; BK 29; PG ..!d,2,q
CREATE ORDINANCE FOR DOGS AT OUTSIDE PUBLIC EVENTS
Commissioner Guess offered motion, seconded by Commissioner Coleman that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CREATING A
' NEW SECTION IN CHAPTER 14, "ANIMALS", ARTICLE lI, "DOGS" OF THE
[/ CODE OF ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO THE
REGULATION AND CONFINEMENT OF DOGS WITHIN THE CITY OF
PADUCAH." This ordinance is summarized as follows: The City of Paducah hereby
creates certain restrictions for dogs to be allowed at special community events.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton (4). ORD. NO. 2003-1-6604; BK 29; PG Y's
AMEND SECTIONS REGARDING CONFINEMENT OF DOGS
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
SECTIONS 14-33,14-34, AND 14-38, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH." This ordinance is summarized as follows: The City of Paducah
hereby amends regulations for the chaining and tethering of dogs and minimum enclosure
and chaining requirements for the confinement of dogs. This ordinance also amends the
t / regulation that in order for any owner or keeper of any dog to redeem their dog from the
V pound must provide proof of rabies vaccination or voucher and a state dog license instead
of a city dog license.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton (4). ORD. NO. 2003-1-6605; BK 29; PG�
DISPOSAL OF DOG FECES
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
1 ' Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CREATING
�/ NEW SECTION IN CHAPTER 14, "ANIMALS", ARTICLE 11, OF THE CODE OF
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JANUARY 14, 2003
ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO THE
COLLECTION AND DISPOSAL OF ANIMAL FECES." This ordinance is summarized
as follows: The City of Paducah hereby enacts regulations for any owner or person in
charge of a dog to provide for the sanitary disposal of dog feces that is deposited on any
property other than that of the owner or person in charge of the dog.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton (4). ORD. NO. 2003-1-6606; BK 29; PG
AMEND PENALTY ORDINANCE FOR VIOLATION OF SANITARY
DISPOSAL OF DOG FECES
Commissioner Guess offered motion, seconded by Commissioner Coleman, that the
Board of Commissioners adopt 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
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 applicable, shall be ordered to remove the number
of dog(s) necessary in order to achieve compliance with Section 14-32 within seven (7)
days. Failure to comply with the court's order in this regard will result in removal of the
dog(s) by the city warden. Each day a violation continues shall constitute a separate
offense.
(fAU 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.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton(4). ORD. NO. 2003-1-6607; BK 29; PG
APPROVE CONTRACT WITH AIRPORT ADVOCATES, INC.
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 AN AGREEMENT WITH AIRPORT
ADVOCATES, INC., FOR ADMINISTRATION OF THE SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PILOT PROGRAM GRANT AND IF NECESSARY,
TRANSFER $25,000 FROM COMMISSION CONTINGENCY FOR SAID PROJECT."
This ordinance is summarized as follows: That the Mayor is hereby authorized and
directed to execute a legally binding agreement with Airport Advocates, Inc., for
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JANUARY 14, 2003
administration of the Small Community Air Service Development Pilot Program grant.
This ordinance also authorizes and directs the Finance Director to transfer $25,000 from
the Commission Contingency.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, Smith and Mayor
Paxton (4). ORD. NO. 2003-1-6608; BK 29; PG �d 7
ACCEPT BID FOR PROTECTIVE CLOTHING/BUNKER GEAR
Commissioner Coleman offered motion, seconded by Commissioner Guess, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF TUPELO FIRE EQUIPMENT FOR THE PURCHASE OF FIRE
STRUCTURAL TURN OUT GEAR, FOR USE BY THE FIRE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This
ordinance is summarized as follows: Authorizing and directing the Mayor'to execute a
contract with Tupelo Fire Equipment in the amount of $15,916.50, for Fire Structural
Turn Out Gear.
Mayor Paxton stepped out of the meeting at this time.
Adopted on call of the roll, yeas, Commissioner Coleman, Guess, and Smith (3). ORD.
NO. 2003-1-6609; BK 29; PG _4/,39
ORDINANCES - INTRODUCTION
APPROVE KENTUCKY BODY ARMOR REIMBURSEMENT GRANT
Commissioner Guess 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
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 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.
Mayor Paxton returned to the meeting at this time.
TRANSFER LOT TO PADUCAH-MCCRACKEN COUNTY JOINT SEWER
AGENCY
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 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.
CITY MANAGER REPORT
The City Manager went over calendar items and announced that City Hall will be closed
on January 20, 2003, to celebrate Martin Luther King, Jr. Day.
Upon motion the meeting adjourned.
ADOPTED: January 2 8 , 2003
Janwyj,X&ck
City Clerk
Mayor Paxton