HomeMy WebLinkAbout05/28/02MAY 28, 2002
At a Meeting of the Board of Commissioners, held in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 28, 2002, Mayor Paxton presided, and upon call of the
roll by the Assistant City Clerk, the following answered to their names: Commissioners
Abraham, Coleman, Montgomery, Smith and Mayor Paxton (5).
Chief Bratton introduced the Citizens Police Academy class. This is the first class of
citizens to graduate from this program. Sgt. J. P. Roberts was the police officer in charge
of getting this program together. It is highly successful in educating the public about the
role of police officers, policy and procedures of the Police Department and for the public
J to learn more about the Police Department. The next Citizen's Academy is scheduled for
September and has already reached full capacity.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
reading of the Minutes for May 14 & 21, 2002, be waived and that the Minutes of said
meeting(s) prepared by the Acting City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5).
APPOINTMENTS
HISTORICAL AND ARCHITECTURAL REVIEW COMMISSION
Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Michael D. McDowell as a member of
the Historical and Architectural Review Commission, which term will expire June 4,
2005.
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners approve the action of Mayor Paxton in reappointing Michael D.
McDowell as a member of the Historical and Architectural Review Commission.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5).
MOTIONS
R & F DOCUMENTS
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
the attached documents be received and filed:
1. Certificate of Insurance:
a) Board Trucking & Excavating Inc.
2. Supply Bond for Kotter Ready Mix
3. Sublease Agreement with McCracken County Farm Bureau for the "Downtown
Farmers Market" area
4. Main Street Contract for Services in the amount of $17,500 L -Z
5. Acceptance Letter from Williams, Williams, & Lentz, LLP for Edwin J. Paxton z/
Park Golf Course for Audit
Adopted on call of the roll, yeas,. Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that
upon the recommendation of the City Manager, the Board of Commissioners of the City
of Paducah orders that the personnel changes on the attached list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5).
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MAY 2&, 2002
COMMISSION POLICY AGENDA FOR 2002
Commissioner Smith offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled, "A MUNICIPAL ORDER DIRECTING THE CITY
MANAGER AND STAFF TO SUPPORT THE COMMISSION IN IMPLEMENTING
�i THE POLICY AGENDA FOR 2002."
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). M.O. #956; BK 4; PG
MOTION TO SUSPEND ORDER OF BUSINESS
HEALTH INSURANCE PLAN ITEM ON AGENDA
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
the Board of Commissioners adopt a motion changing the order of business to bypass the
item listed under Health Insurance Plan, Item C under Municipal Order on the agenda.
(This item was discussed and voted on at the end of the meeting.)
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5).
ORDINANCES - EMERGENCY
AMEND CH. 14, ANIMALS, OF THE CODE OF ORDINANCES
A. REGULATIONS FOR DOGS
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
the Board of Commissioners introduce and adopt an ordinance entitled, "AN
ORDINANCE CREATING NEW SECTIONS IN CHAPTER 14, "ANIMALS",
ARTICLE II, "DOGS" OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, PERTAINING TO THE REGULATION OF NUMBER AND
CONFINEMENT OF DOGS WITHIN THE CITY OF PADUCAH." This ordinance is
v summarized as follows: Enacting regulations regarding the maximum number of dogs
allowed in each household or on each lot; enacting regulations for chaining and tethering
of dogs and minimum enclosure requirements for the confinement of dogs.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. #2002-5-6515; BK 29; PG
B. Amend Sec. 14-7, Cruelty to Animals
Commissioner Montgomery offered motion, seconded by Commissioner
Coleman, that the Board of Commissioners introduce and adopt an
ordinance entitled, "AN ORDINANCE AMENDING SECTION 14-7, OF
—4 THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This
ordinance is summarized as follows: That the City of Paducah shall enact
an ordinance relating to the abandonment and maintenance of animals
within the City.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. 42002-5-6516; BK 29; PG2 �
C. AMEND SEC. 14-38, REDEMPTION OF IMPOUNDED DOGS; FEES;
DISPOSITION OF UNCLAIMED DOGS
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE
AMENDING SECTION 14-38 OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH." This ordinance is summarized as follows: The City hereby amends
Section 14-38, Redemption of impounded dogs; fees; disposition of unclaimed dogs by
changing the word dogs to animals.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. #2002-5-6517; BK 29; PG 2 5?'Z
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MAY 28, 2002
D. AMEND SEC. 14-44. PENALTIES
Commissioner Abraham offered motion, seconded by Commissioner Smith,
that the Board of Commissioners introduce and 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:
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
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. #2002-5-6518; BK 29; PG - R
ORDINANCES - ADOPTION
RECLASSIFY ALL CLERICAL POSITIONS WITHIN THE CITY AS
NONCIVIL SERVICE
Commissioner Coleman offered motion, seconded by Commissioner Montgomery that
the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
RECLASSIFYING ALL CLERICAL POSITIONS WITHIN THE CITY OF PADUCAH
AS NON -CIVIL SERVICE." This ordinance is summarized as follows: The class of
positions at the City of Paducah which traditionally perform clerical duties, as
specifically identified herein, is hereby designated as non -civil service. Those positions
are as follows: Finance Department - Administrative Secretary
Police Department -
Cemetery -
Payroll Officer
Data Entry Operator
Records Clerk
Secretary
Secretary
Persons employed in the previously -referenced clerical positions upon the effective date
of this Ordinance shall continue to be covered by the provisions of KRS Chapter 90 for
such time as he/she is employed in such position notwithstanding the reclassification of
the position to non -civil service.
Adopted on call of the roll, yeas, Commissioners Montgomery, Smith and Mayor Paxton
(3). Nays, Commissioners Abraham and Coleman (2). ORD. #2002-5-6519; BK 29; PG
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MAY 28, 2002
AMEND PARKS MASTER PLAN CONSULTANT CONTRACT
Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that
the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT
AMENDMENT WITH BRANDSTETTER CARROLL, INC., FOR CONSULTANT
SERVICES FOR THE PARKS MASTER PLAN." This ordinance is summarized as
�l follows: Authorize and direct the Mayor to execute a contract amendment with
Brandstetter/Carroll, in the amount of $9,300.00 for additional consulting services for the
Paducah Parks Master Plan, thereby increasing the total contract amount to $79,300.00.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. #2002-5-6520; BK 29; PG
Mayor Paxton stepped out of the meeting.
GRANT AGREEMENT BETWEEN THE CITY, KENTUCKY
TRANSPORTATION CABINET AND RIVER HERITAGE MUSEUM
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL
DOCUMENTS NECESSARY TO OBTAIN A MATCHING GRANT FROM THE
KENTUCKY TRANSPORTATION CABINET FOR THE RIVER HERITAGE
MUSEUM." This ordinance is summarized as follows: Authorize the Mayor to execute
an agreement and all documents necessary with the Kentucky Transportation Cabinet and
River Heritage Museum to obtain a matching grant in the amount of $350,000 to be used
for permanent museum interactive exhibits, construction fees and materials for display
panels and exhibit consultant fees. The local required cash match is in the amount of
$87,500 and will be provided by the River Heritage Museum.
Adopted on call of the roll, yeas, Commissioners Abrah�, Coleman, Montgomery, and
Smith (4). ORD. NO. 2002-5-6521; BK 29; PG 10
AWARD BIDS FOR RADIO EQUIPMENT & MAINTENANCE FOR MOBILE
DATA TERMINALS FOR POLICE DEPT.
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF JACKSON PURCHASE TWO-WAY RADIO (MOTOROLA INC.,) FOR
V SALE TO THE CITY OF RADIO EQUIPMENT AND MAINTENANCE FOR
MOBILE DATA TERMNIALS, AND AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT FOR SAME." This ordinance is summarized as follows: The City of
Paducah accepts the bid of Jackson Purchase Two-way Radio (Motorola, Inc.) in the total
amount of $266,314.25 for radio equipment and maintenance for the mobile data
terminals to be used in the Paducah Police Department.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, and
Smith (4). ORD. NO. 2002-5-6522; BK 29; PG
Mayor Paxton returned to the meeting.
AWARD BIDS FOR MOBILE DATA TERMINALS
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING
THE BID OF TRIO TEKNOLOGIES FOR SALE TO THE CITY OF MOBILE DATA
TERMINALS FOR USE IN THE PADUCAH POLICE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This
ordinance is summarized as follows: The City of Paducah accepts the bid of Trio
Teknologies in the total amount of $302,173.04, for mobile data terminals.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. NO. 2002-5-6523; BK 29; PG� q,5'
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MAY 28, 2002
AWARD BID FOR MOBILE DATA MESSAGE SWITCH INFRASTRUCTURE
AND MAINTENANCE
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
ACCEPTING THE BID OF HTE, INC. FOR SALE TO THE CITY OF MOBILE DATA
TERMINAL MESSAGE SWITCH INFRASTRUCTURE AND MAINTENANCE FOR �—
USE IN THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized
as follows: The City of Paducah accepts the bid of HTE, Inc. in the total amount of
$166,011.85, for mobile data terminal message switch infrastructure and maintenance.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. NO. 2002-5-6524; BK 29; PG -�2
TRANSPORTATION ENHANCEMENT CONTRACT - $300,000 STREETSCAPE
PHASE III
Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that
the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL
DOCUMENTS NECESSARY TO OBTAIN A MATCHING GRANT FROM THE
KENTUCKY TRANSPORTATION CABINET FOR STREETSCAPE PHASE III."
This ordinance is summarized as follows: The Mayor is hereby authorized to execute an
agreement and all documents necessary to obtain a matching grant in the amount of
$300,000 from the Kentucky Transportation Cabinet for sidewalk and other streetscape
improvements. The local required cash match is in the amount of $75,000.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. NO. 2002-5-6525; BK 29; PG 2q 7
GRANT FOR ARCHITECTURAL SURVEY OF HISTORIC PROPERTY
LOCATED AT 614-616 HARRISON STREET
Commissioner Abraham 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 GRANT
AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE
KENTUCKY HERITAGE COUNCIL FOR AN ARCHITECTURAL SURVEY." This
ordinance is summarized as follows: Authorizing and directing the Mayor to execute a
Grant Agreement and all documents relating thereto with the Kentucky Heritage Council
to obtain a matching grant in the amount of $3,000.00 for the architectural survey of
historic property located at 614-616 Harrison Street. The City will provide matching
funds in the amount of $2,000.00 for this project.
Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery,
Smith and Mayor Paxton (5). ORD. NO. 2002-5-6526; BK 29; PG ,,9—
ORDINANCES - INTRODUCTION
AMEND SEC. 78-35, PART -DAY ABSENCES OF CH. 78, PERSONNEL OF THE
CODE OF ORDINANCES
Commissioner Coleman offered motion, seconded by Commissioner Montgomery that
the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE
AMENDING SECTION 78-35, "PART -DAY ABSENCES," OF CHAPTER 78,
PERSONNEL, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY." This ordinance is summarized as follows: Amending Section 78-35,
UJ' Part -day absences to include the following sentence: The minimum amount charged will
not be less than one hour.
SUMMER NUTRITION PROGRAM
Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that
the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE CITY OF PADUCAH TO PAY TO THE PADUCAH
INDEPENDENT SCHOOL SYSTEM AN AMOUNT NOT TO EXCEED $38,700, FOR
THE SUMMER FOOD PROGRAM FOR CHILDREN'S LUNCHES." This ordinance
is summarized as follows: That the City is hereby authorized to pay to the Paducah
Independent School System an amount not to exceed $38,700, for the Summer Food
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MAY 28, 2002
Program for children's lunches. The City will be reimbursed for this expenditure by the
Kentucky Department of Education, Division of School and Community Nutrition.
EXECUTE AGREEMENT WITH PADUCAH HOUSING AUTHORITY FOR
POLICE PATROL
Commissioner Smith offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT
V BETWEEN THE CITY OF PADUCAH AND THE HOUSING AUTHORITY OF
PADUCAH FOR HOUSING AUTHORITY PATROL." This ordinance is summarized
as follows: That the City of Paducah hereby authorizes and directs the mayor to execute'' 1 ''
an agreement between the City and Paducah Housing Authority for patrol of the housing
authority.
ESTABLISH POLICE DEPARTMENT FOR ACCREDITATION
REQUIREMENT
Commissioner Abraham offered motion, seconded by Commissioner Smith, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
ESTABLISHING DEPARTMENTS OF THE CITY OF PADUCAH AND DEFINING
THE DUTIES OF THE DEPARTMENT HEADS AND AMENDING VARIOUS
SECTIONS OF CHAPTER TWO OF THE CODE OF ORDINANCES, INCLUDING
ARTICLE II, DIVISION 3, NONELECTED OFFICIALS AND ARTICLE V,
V DIVISIONS 1, 2' -AND 4." This ordinance is summarized as follows: An Ordinance
establishing the Departments of Administration, Finance, Personnel, Police, Fire, Public
Works, Engineering, Parks Services, Planning, and Inspections and defining the duties of
the heads of each department regarding implementation of regulations and procedures,
amending the duties of the City Manager in this regard, and establishing the duties of the
Chief of Police.,
GRANT AGREEMENT WITH TRI -COUNTY AREA DRUG TASK FORCE
Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that
the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE �1
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT
AGREEMENT AND ALL OTHER DOCUMENTS RELATING THERETO FROM
-fir THE TRI -COUNTY AREA DRUG TASK FORCE." This ordinance is summarized as
follows: The Mayor is hereby authorized and directed to execute a grant agreement and
all other documents relating thereto with the Tri -County Area Drug Task Force to obtain
.a grant in the amount of 5,000.00 to be used for overtime expenses for the Drug Unit in
the Paducah Police Department.
CHARLES CORDER ZONE CHANGE R-1 TO M-1
Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that
the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING
" COMMISSION ON THE PROPOSED ZONING DESIGNATION FOR PROPERTIES
LOCATED AT 5135 CHARTER OAK DRIVE, AND AMENDING THE PADUCAH
ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is
summarized as follows: Designate zoning of property located at 5135 Charter -Oak Drive
from R-1, (Low Density Residential Zone) to M-1, (Light Industrial Zone), and amending
the Paducah Zoning Ordinance to effect such rezoning.
PRESENTATION FOR CITY'S HEALTH INSURANCE PLAN
Greg Carlton, Peel & Holland representative, was here to explain the proposed new rates
for the above plan.
MUNICIPAL ORDER
AMEND HEALTH INSURANCE PLAN
Commissioner Abraham offered motion, seconded by Commissioner Smith, that a
J✓ Murdcipal Order entitled, "A MUNICIPAL ORDER ADOPTING AMENDMENTS TO
THE MEDICAL AND PRESCRIPTION DRUG PLAN OF THE COMPREHENSIVE
HEALTH INSURANCE BENEFIT PLAN SUMMARY FOR FULL TIME
EMPLOYEES OF THE CITY OF PADUCAH," be adopted.
MAY 28, 2002
Adopted on call of the roll, Commissioners Abraham, Coleman, Montgomery, Smith and
Mayor Paxton (5). M.O. # 957; BK 4; PG %IID
Joe West and Rick McCarty (citizens) were here to discuss a drainage ditch by the
floodwall between Georgia Street and Cook Street. This area is in the County but the
ditch is there because of the floodwall, that is owned by the City. According to Mr. West
and Mr. McCarty this area is highly infested by mosquitoes and snakes due to water L/
standing in the ditch at all times. This area does not drain at all. They have spoken with
Mr. Rick Murphy, City Engineer, about the City revamping this area to correct the
situation. Mr. Murphy has called the Department of Water to see if the area is a wetland.
It was also determined that the city may not be able to do anything if the Department of
Water says this area is a wetland. The County has been contacted but no action from
them has been taken. Mr. Murphy will continue to work with Mr. West and Mr. McCarty
for solutions in resolving this situation. A petition signed by some of the residents in the
area was submitted to the Board.
Upon motion the meeting adjourned.
ADAPTED: June , 2002
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Assistant City Clerk Mayor
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