HomeMy WebLinkAbout12/17/02149
DECEMBER 17, 2002
At a Meeting of the Board of Commissioners, held in the Commission Chambers at City
Hall at 5:00 p.m., Tuesday, December 17, 2002, Mayor Paxton presided, and upon call of
the roll by the City Clerk, the following answered to their names: Commissioners
Abraham, Coleman, Smith and Mayor Paxton (4). Commissioner Montgomery was
absent (1).
PADUCAH POLICE DEPT. CITIZENS POLICE ACADEMY - SGT ROBERTS
Sgt. Roberts introduced three members of the 2" graduating class. The graduates ✓
remarked that the classes were very informative and what an impact it had made for them
personally to get a look and feel as to what it is like to be a police officer.
PRESENTATION.• FY 2002 FINANCIAL REPORT AND AUDIT
Robert Robertson of Williams, Williams, and Lentz discussed a management letter for
the FY2001-2002 audit.
RECOGNITION: Kentucky Chamber Certified Communities Partnership r�
Program First Place Tourism Innovation Award for Brooks Stadium Project
Mark Thompson, Parks Director, went to Louisville to receive this award and presented it
to the Mayor and Commissioners.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
reading of the Minutes for November 19, December 2 and December 3, 2002, 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 Abraham, Coleman, Smith and Mayor
Paxton (4).
APPOINTMENTS
PADUCAH-McCRACKEN COUNTY CONVENTION CENTER CORP.
Mayor Paxton made the following appointment: WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Harold Coleman as a member of the
Paducah -McCracken County Convention Center Corporation to fill the unexpired term of
Charles Cissell, who is deceased. This term will expire September 27, 2003.
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in appointing Harold
Coleman as a member to the Paducah -McCracken County Convention Center
Corporation.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4).
PADUCAH-MCCRACKEN COUNTY RIVERPORT AUTHORITY
Mayor Paxton made the following appointment: WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint R. L. (Dick) Rushing to the Paducah -
McCracken County Riverport Authority, which term will expire September 26, 2006.
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing D. L.
(Dick) Rushing to the Paducah -McCracken County Riverport Authority.
C'I Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4).
RESOLUTION
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt a Resolution entitled, "A RESOLUTION OF THE CITY
OF PADUCAH, KENTUCKY APPROVING AND AUTHORIZING A FIRST l/
SUPPLEMENTAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF
PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE
AUTHORITY."
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DECEMBER 17, 2002
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4).
MOTIONS
R & F DOCUMENTS
Commissioner Smith offered motion, seconded by Commissioner Coleman, that the
following documents and bids be received and filed:
1. Certificate of Insurance:
a) Comcast Cable
b) H & N Constructors, Inc
2. Right of Way Bond with H &N Contracting, LLC [$2,400]
V 3. Advana Subrogation and Recovery Claim Services FY 2002-2003
4. Paducah Water Works Financial Highlights For Month Ended October 31, 2002
5. City of Paducah Health Insurance Master Plan Document Amendment #8
6. Final Report of Animal Control Ordinance Committee
7. Paducah -McCracken County Parks and Recreation Master Plan
8. Williams, Williams, & Lentz Representation Letter of June 30, 2002
9. Four Rivers Center For The Performing Arts, Inc. Financial Statements For Year
Ended June 30, 2002
10. Notice of Called Meeting for the Board of Commissioners Meeting For November
25, 2002.
11. Notice of Cancellation of the Regularly Scheduled Board of Commissioners Meeting
For November 26, 2002.
12. Notice of Cancellation of the Regularly Scheduled Board of Commissioners Meeting
For December 10, 2002.
BIDS
FIRE DEPT.
a) Tupelo Fire Equipment
b) G & C Supply Company
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4).
JUNKYARD BUILDING DECISIONS
Mayor Paxton offered motion, seconded by Commissioner Coleman, that the Board of
Commissioners instruct staff to negotiate agreement for transfer of property, restoration
of buildings, and opening of a restaurant with Kelly's Irish Pub proposers and report back
to Commission by January 28, 2003.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4).
EXECUTIVE SEARCH FIRM FOR PERSONNEL DIRECTOR POSITION
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
V Board of Commissioners adopt the following motion: "THE BOARD OF
COMMISSIONERS HEREBY INSTRUCT THE CITY MANAGER TO BRING TO
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DECEMBER 17, 2002
THE JANUARY 14, 2003, COMMISSION MEETING AN EMERGENCY
ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH AN
EXECUTIVE SEARCH FIRM TO ASSIST THE CITY IN RECRUITING A
PERSONNEL DIRECTOR."
LOST on call of the roll, yeas, Commissioner Smith and Mayor Paxton (2). Nays,
Commissioners Abraham and Coleman (2).
MUNICIPAL ORDERS
PERSONNEL CHANGES
ID Commissioner Coleman offered motion, seconded by Commissioner Smith, 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 Abraham, Coleman, and Smith (3).
MAYOR PAXTON STEPPED OUT OF THE MEETING BEFORE THE VOTE WAS
CALLED.
SUBSTANCE ABUSE PERSONNEL POLICY
Commissioner Smith offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER ESTABLISHING A DISCIPLINE
POLICY FOR THE EMPLOYEES OF THE CITY OF PADUCAH FOR DRIVING
UNDER THE INFLUENCE WHILE OFF DUTY," be adopted.
MAYOR PAXTON CAME BACK INTO THE MEETING
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, and Mayor Paxton
(3). Nays, Commissioner Smith (1). M.O.#977; BK 4; PG
ADOPT TABLE 2 CLASSIFICATION/PAY SCHEDULE FOR NON -CIVIL
l SERVICE
Commissioner Abraham offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled, " "A MUNICIPAL ORDER ADOPTING TABLE 2,
CLASSIFICATIONS/PAY SCHEDULE, NON -CIVIL SERVICE, POLICE AND
FIRE," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). M.O.#978; BK 4;PG
INCREASE SOLID WASTE COLLECTION FEES PER HB174
Commissioner Coleman offered motion, seconded by Commissioner Smith, that a
Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING A REVISED
SCHEDULE OF FEES AND CHARGES FOR SOLID WASTE PICK UP PURSUANT
TO THE SOLID WASTE ORDINANCE, CHAPTER 94, SOLID WASTE, OF THE
CODE OF ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). M.O.#979; BK 4;PG 1515
REMOVE FROM TABLE MINORITY RECRUITMENT PROGRAM
Commissioner Abraham offered motion, seconded by Commissioner Coleman, that a
^fIMunicipal Order entitled, "A MUNICIPAL ORDER ADOPTING A MINORITY /
RECRUITMENT PROGRAM FOR THE CITY OF PADUCAH," be removed from the
table.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, and Mayor Paxton
(3). Nays, Commissioner Smith (1).
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DECEMBER 17, 2002
MINORITY RECRUITMENT PROGRAM
Commissioner Abraham offered motion, seconded by Commissioner Coleman, that a
Municipal Order entitled, "A MUNICIPAL ORDER CREATING THE CITY OF
1 PADUCAH MINORITY RECCRUITMENT PROGRAM," be adopted.
V
LOST on call of the roll, yeas, Commissioner Abraham. and Coleman (2). Nays,
Commissioner Smith and Mayor Paxton (2).
Before the vote was called for Charles Hamilton, member of NAACP, expressed
concerns about the creation and implementation of the Minority Recruitment Program.
ORDINANCES - EMERGENCY
CHANGE ORDER #1 FOR THE 2002 STREET RESURFACING PROGRAM
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER
NO. 1 FOR A TIME EXTENSION WITH JIM SMITH CONTRACTING CO., INC.,
FOR THE CITY OF PADUCAH'S 2002 STREET RESURFACING PROGRAM." This
ordinance is summarized as follows: The Mayor is hereby authorized and directed to
execute Change Order No. 1 with Jim Smith Contracting, inc., for an extension of time
for completion of the original contract date of December 31, 2002 for the City of
Paducah's 2002 Street Resurfacing Program. Due to coordination scheduling with
Paducah Power, bad weather and downtown events the contract time extension necessary
is in the amount of 59 days making the revised completion date February 28, 2003.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith, and Mayor
Paxton (4). ORD. NO. 2002-12-6595; BK 29; PG
AMEND SECTION 14-34, MINIMUM ENCLOSURE REQUIREMENTS FOR
THE CONFINEMENT OF DOGS
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AMENDING SECTION 14-34, OF CHAPTER 14, ANIMALS, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as
follows: Amend Section 14-34, Minimum Enclosure Requirements for the Confinement
of Dogs, to include subsection (c), "No dog shall be kept on a vacant lot or other
unoccupied property".
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith, and Mayor
Paxton (4). ORD. NO. 2002-12-6596; BK 29; PG T --T—
ORDINANCES - ADOPTION
FINAL FY2001-2002 BUDGET REVISION
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
ORDINANCE NUMBER 2001-6-6362 ENTITLED, `AN ORDINANCE ADOPTING
THE CITY OF PADUCAH, KENTUCKY, ANNUAL BUDGET FOR THE FISCAL
YEAR JULY 1, 2001, THROUGH JUNE 30, 2002, BY ESTIMATING REVENUES
1 , AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF
CITY GOVERNMENT."' This ordinance is summarized as follows: Amending
Ordinance No. 2001-6-6362, to reflect actual revenues and expenditures for Fiscal Year
July 1, 2001, through June 30, 2002.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). ORD. NO. 2002-12-6597; BK 29; PG YZ
ACQUISITION AGREEMENT FOR A PORTION OF 402 SOUTH 3" STREET
TO CONSTRUCT CLARK STREET RIGHT OF WAY
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT AND ALL
OTHER DOCUMENTS RELATING THERETO, BETWEEN THE CITY OF
PADUCAH, SUSAN LAMB AND HUSBAND, PAT LAMB, AND NANCY
KIRSCHNER AND HUSBAND, RICHARD KIRSCHNER FOR ACQUISITION OF A
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DECEMBER 17, 2002
PORTION OF PROPERTY LOCATED AT 402 SOUTH 3RD STREET." This ordinance
is summarized as follows: The Mayor is hereby authorized to enter into an agreement
and all other documents relating thereto between the City of Paducah, Susan Lamb and
husband, Pat Lamb, and Nancy Kirschner and husband, Richard Kirschner for acquisition
of a portion of property located at 402 South P Street for purposes of establishing the
Clark Street right of way.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). ORD. NO. 2002-12-6598; BK 29; PG yarn
SPECIALTY PAY FOR CITY EMPLOYEES
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE CREATING
SEC. 78-66, SPECIALTY PAY, OF CHAPTER 78, PERSONNEL OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is
summarized as follows: Creating "Specialty Pay" for city employees who achieve
certification, additional certification or credentials that will expand his/her performance
in their job and has a specific value to the City.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). ORD. NO. 2002-12-6599; BK 29; PG
PARKING TICKET PROCEDURES AND HEARING BOARD
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
AND CREATING NEW SECTIONS IN CHAPTER 110, "TRAFFIC AND
VEHICLES", ARTICLE III, "PARKING REGULATIONS", DIVISION 1
"GENERALLY" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, �--�
PERTAINING TO TICKETING VEHICLES FOR PARKING VIOLATIONS WITHIN
THE CITY OF PADUCAH." This ordinance is summarized as follows: Creating a
Hearing Board and appeal process pursuant to KRS 82.605 to 82.640 to conduct hearings
with respect to parking violations.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). ORD. NO. 2002-12-6600; BK 29; PG �112�
VEHICLE IMPOUNDMENT PROCEDURES AND APPEAL PROCESS
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING
AND CREATING NEW SECTIONS IN CHAPTER 110, "TRAFFIC AND
VEHICLES", ARTICLE III, "PARKING REGULATIONS", DIVISION 2 �--
" DAPOUNDING" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
PERTAINING TO THE IMPOUNDMENT OF VEHICLES WITHIN THE CITY OF
PADUCAH." This ordinance is summarized as follows: Upon adoption this ordinance
creates an appeal process for individuals whose vehicles have been impounded by the
City of Paducah.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Smith and Mayor
Paxton (4). ORD. NO. 2002-12-6601; BK 29; PG —�
ORDINANCES - INTRODUCTION
REPEAL SECTION 14-32, MAXIMUM NUMBER OF DOGS
Commissioner Coleman offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce 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.
CREATE ORDINANCE FOR DOGS AT OUTSIDE PUBLIC EVENTS
Commissioner Smith offered a motion seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
CREATING A NEW SECTION IN CHAPTER 14, "ANIMALS", ARTICLE II,
"DOGS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
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DECEMBER 17, 2002
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.
AMEND SECTIONS REGARDING CONFINEMENT OF DOGS
Commissioner Abraham offered a motion seconded by Commissioner Smith, that the
Board of Commissioners introduce 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.
V This ordinance also amends the regulation that in order for any owner or keeper of any
dog to redeem their dog from the pound must provide proof of rabies vaccination or
voucher and a state dog license instead of a city dog license.
DISPOSAL OF DOG FECES
Commissioner Coleman offered a motion seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
CREATING NEW SECTION IN CHAPTER 14, "ANIMALS", ARTICLE H, OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO THE
l COLLECTION AND DISPOSAL OF ANIMAL FECES." This ordinance is summarized
I/ 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.
AMEND PENALTY ORDINANCE FOR VIOLATION OF SANITARY
DISPOSAL OF DOG FECES
Commissioner Smith offered a motion seconded by Commissioner Abraham, 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
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
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DECEMBER 17, 2002
dog(s) by the city warden. Each day a violation continues shall constitute a separate
offense.
(fl AU person violating the provisions of Section 14-35 shall be wilt�of
a violation and shall be fined not less than $10.00 nor more than $1,000.
APPROVE CONTRACT WITH AIRPORT ADVOCATES, INC.
Commissioner Abraham offered a motion seconded by Commissioner Smith that the
Board of Commissioners introduce 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 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.
ACCEPT BID FOR PROTECTIVE CLOTHINGBUNKER GEAR
Commissioner Coleman offered a motion seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance, "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.
CITY MANAGER REPORT
The City Manager went over calendar items. He also announced that City Hall will be
closed Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day.
Upon motion the meeting adjourned.
ADOPTED: January 7 2003
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City Clerk
Mayor Paxton