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HomeMy WebLinkAbout04/12/94APRIL 12, 1994 ROLL CALL At Regular Meeting of the Board of Commissioners held in the Commission Chambers at City Hall at 7:00 p.m., Tuesday, April 12, 1994, Mayor Montgomery presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Hornsby, Renfro, and Mayor Montgomery (5). ANNOUNCEMENT Mayor Montgomery introduced Carolyn Roof, President of the Garden Club of Kentucky, who attended the meeting on behalf of the Paducah Civic Beautification Board. Mrs. Roof announced that the Paducah Civic Beatification Board recently won the Wildflower Award from the Garden Club of Kentucky, Inc. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the reading of the minutes for April 5, 1994, be waived that the minutes of said meetings prepared by the City Clerk be approved as -written. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro, and Mayor Montgomery (5). MOTIONS R & F BIDS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the following bids be received and filed: For Sale of Seitz Street Property: 1. George Lovelace 2. Jerry T. & Kathryn Brown Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). R & F DOCUMENTS Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the following documents be received and filed: 1. Certificates of Insurance a) Signco b) Murtco Mechanical Contractors Inc. 2. Agreement between Western Baptist Hospital and City ✓ 3. Contract for Uniform Rental & Laundry Services for Department of Public Works, Department of Environmental & Engineering Services and Department of Parks & Leisure Services Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro, and Mayor Montgomery (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that 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 Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). S8 59 APRIL 12, 1994 ORDINANCE - EMERGENCY RELOCATION OF KENTUCKY AVENUE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE RATIFYING AND APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, FOR THE RELOCATION OF KENTUCKY AVENUE BETWEEN 23RD STREET AND 28TH STREET". The foregoing title summarizes the contents of this ordinance. OBD rYo. 9 - .. 50 9� flRA. /3K . 2S ORDINANCES - INTRODUCTION AMEND SEC. 22-1, OPEN HOURS FOR PARKS, ETC. Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AMENDING SEC. 22-1 OF ARTICLE I, CHAPTER 22, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Amending the method by which opening hours of City public parks may be determined, and amending the penalty for violation of entering or remaining in said parks during closed hours. STUDY OF CITY HALL STRUCTURE Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF PECK FLANNERY GREAM WARREN INC. IN AN AMOUNT NOT TO EXCEED $12,500.00 FOR ARCHITECTURAL SERVICES FOR PHASE I OF AN IN-DEPTH STUDY OF CITY HALL STRUCTURE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. ARCHITECTURAL SERVICES FOR MAUSOLEUM RENOVATION Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners introduce an ordinance kl entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF BRANDSTETTER/CARROL, INC. FOR ARCHITECTURAL SERVICES FOR RENOVATION OF THE OAK GROVE MAUSOLEUM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. ACCEPT BID FOR CIVIC CENTER RENOVATION Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF CONSOLIDATED CONTRACTORS INC. IN THE AMOUNT OF $39,287.00 FOR RENOVATION OF THE ROBERT C. CHERRY CIVIC CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. ORDINANCES - ADOPTION AMEND SEC. 2-47, NONCIVIL SERVICE PAY INCREASES RETROACTIVE TO 12-27-93 Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 2-47, NONCIVIL SERVICE GENERALLY, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Abolishing the position of Administrative Assistant in the Human Resources Department; changing the title of Grounds Resource Technician to Grounds Resource Specialist in the Parks & Leisure Services Department; and increasing salaries retroactive to December 27, 1993. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). ORDINANCE NO. 94-4-5097, ORD.BK, 25, P.421 AMEND CITY SALARIES RETROACTIVE TO 12-27-93 (CIVIL SERVICE, i ETC.) Commissioner Hornsby offered motion, seconded by Commissioner APRIL 12, 1994 Renfro, that the Board of Commissioners adopt the following ordinances of the City of Paducah, Kentucky:: 1. An ordinance amending Sections 10-49, 10-51, 10-52, 10-55, 10-58, 10-59, 10-61, 10-63, 10-64 and 10-65, Civil Service; ORDINANCE NO. 94-4-5098, ORD.BK. 25, P. X43 g. 2. An ordinance amending Sec. 2-52, Alcoholic Beverage Administrator; ORDINANCE NO. 94-4-5099, ORD.BK. 25, P. 3. An ordinance amending Sec. 2-49, City Manager Generally; ORDINANCE NO. 94-4-5100, ORD.BK. 25, P.G> 4. An ordinance amending Sec. 25-1, Police Department; ' ORDINANCE NO. 94-4-5101, ORD.BK. 25, P. 45 / 5. An ordinance amending Sec. 12-19(a), Fire Department; ORDINANCE NO. 94-4-5102, ORD.BK. 25, P.tLa These ordinances are summarized as follows: Amending salaries in the above-mentioned Chapters and Sections of the Paducah Code of Ordinances. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). WILLIAMS ENCROACHMENT AGREEMENT Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND JOHN N. WILLIAMS AND WIFE, BOBBI J. WILLIAMS FOR AN ENCROACHMENT UPON CITY RIGHT-OF-WAY". This ordinance is summarized as follows: Authorizing the Mayor to execute an Encroachment Agreement between the City and John N. & Bobbi J. Williams for an encroachment upon city right-of-way for a commercial structure located at 2714 Park Avenue. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and CMaayyor Montgomery (5). ORDINANCE NO. 94-4-5103, ORD.BK. 25, P.^� MCCRACKEN COUNTY ENCROACHMENT AGREEMENT Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND McCRACKEN COUNTY, KENTUCKY, FOR ENCROACHMENTS UPON CITY RIGHT-OF-WAY". This ordinance is summarized as follows: Authorizing the Mayor to execute an Encroachment Agreement between the City of Paducah and McCracken County for an encroachment upon City right-of-way adjacent to the McCracken Regional Jail at 400 South 7th Street for location of a sewage grinder pump station. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). ORDINANCE NO. 94-4-5104, ORD.BK. 25, P.46 A. PUBLIC FORUM 1. Ray McClennan addressed the Commission concerning the agreement between the City and County and Angels of Mercy for ambulance service. He said he feels that the request for additional funds by Angels of Mercy is not warranted without proper documentation. 2. Lawrence Milliken addressed the Commission concerning NAACP concerns about the City's hiring procedures. He said the NAACP does not and has not advocated hiring non-qualified people, and they do not advocate hiring fire fighters solely on test scores; that other factors should be involved in the hiring process, etc. B. CITY MANAGER 1. Told the City Commission that the following topics should be discussed at meetings in the near or immediate future: a J I M 61 APRIL 12, 1994 a. Budget b. Code of Ordinance Book C. Sewers (Capital Improvements) d. DEES Director Interviews 2. Recommended to the Commission that the City Commission Meeting schedule be changed to have workshops only on the 1st and 3rd Tuesdays of each month and regular commission meetings on the 2nd and 4th Tuesdays. He suggested that emergency items could still be on the agenda, if necessary, on workshop Tuesdays. He also suggested that workshops could be held at locations other than City Hall. The Commission approved these suggestions. MOTION FOR COMMISSION SCHEDULE CHANGE Mayor Montgomery offered motion, seconded by Commissioner Hornsby, that, effective April 19, 1994, the Board of Commissioners hold Workshop Meetings on the 1st and 3rd Tuesdays of each month and Regular Commission Meetings on the 2nd and 4th Tuesdays, and that emergency items only be included on the Tuesday Workshop agenda. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). DON HARPER, Street Superintendent, reported that no progress has been made about railroad crossing repairs, and that he hopes to make contact with a railroad representative tomorrow. CITY MANAGER Jim Pennington reported that the floodwall plan has been activated for installation of floodwall gates. Installation of gates begins when river stage reaches 45 feet. C. COMMISSIONER HORNSBY inquired about the status of the Police and Fire Fighters Pension Board's approval of a 3% COLA for its retirees. D. KENTUCKY HUMAN RIGHTS PRELIMINARY FINDINGS/RECOMMENDATIONS - JMayor Montgomery opened discussion on specific recommendations to address the allegations from the NAACP as contained in a letter of March 22, 1994, from Beverly L. Watts, Executive Director of the Kentucky Commission on Human Rights. A copy of this letter is contained in the Minute file for this date. City Manager Jim Pennington said the Commission concurs with the allegations and the City should take action on same. The following allegations were discussed: ALLEGATION I. Allegations of continued reduction of black workforce based on failure to recruit, hire, promote, and harassment and application of different standards. Recommendations (by NAACP): 1. Review all City tests to determine job validity and race neutrality. Conclusion (by Commission): Study of hiring and testing procedures should be done by an outside firm or individual. 2. Develop and issue the lines of communication to all employees concerning grievances and addressing problems and develop a system that will eliminate the fear of reprisal. Conclusion: Complete new employee handbook now being prepared and post employee rights and grievance procedures in each department. 3. Develop a more pro -active outreach and recruitment program that will assist applicants in taking tests and being placed on the recruitment roster. This system should also include 62 APRIL 12, 1994 methods to identify outside minority applicants for all positions and provide for appropriate follow up initiatives and goals. Conclusion: Get advice from Kentucky Commission on Human Rights on this subject. 4. Re-examine and implement the five goals and objectives of the 1989 Affirmative Action Plan. Conclusion: Re-examine 1989 Affirmative Action Plan and update appropriately. 5. Develop a management training program with emphasis on the inclusion of African-Americans. Commissioner Coleman suggested a program which would allow employees to work, on a trial basis, as temporary replacements for management when the manager is absent. Mayor Montgomery agreed with this concept but suggested that the employee also work with the Manager, for on the job training. Conclusion: Obtain information from Kentucky Commission on Human Rights. Also, institute on the job training on a limited basis with assistance from the Kentucky Commission on Human Rights. ALLEGATION II. Allegations pertaining to the reduction in duties of an administrative level employee, Jonathan Hines, Facilities Maintenance Supervisor, Public Works Department. Recommendations: 1. Develop a team -building workshop for both Jonathan Hines and his subordinate. Conclusion: City Manager reported that team building is being worked on. 2. Develop and present to us a recommendation concerning Mr. Hines' future job and supervisory responsibilities. Conclusion: City Manager is working on a recommendation for Commission review which will be presented at the next meeting. 3. Develop and implement a supervisory training program on cultural diversity. Conclusion: Obtain assistance from Kentucky Commission on Human Rights, for across the board implementation. ALLEGATION III. Allegations that Public Works Director, David Harvell, was hired and has been retained even though he has both past and present accusations of racial bias. Recommendation: Develop a training program for Harvell and all of his employees on sexual and racial harassment and develop rules and consequences for violation of these issues. Conclusion: Implement across the board and post rules in each department. ALLEGATION IV. Allegations that City of Paducah delayed, for an unreasonable time, the selection and hiring of an executive director for the Paducah Human Rights Commission.\ Recommendation: Develop and provide the Human Rights Commission training on duties and responsibilities and, where disputes arise concerning the interpretation of State statute, obtain an Attorney General's Opinion for clarification. 63 APRIL 12, 1994 Conclusion: Follow recommendation. ALLEGATION V. Allegations that r sad bias occurred in submission of a police officer nominee for a Governor's Award for Drunk Driving Enforcement. Recommendation: Do a joint award in 1994 to Officer Welch if he does not have the greatest number of DUIs. Conclusion: Follow recommendation if legally possible to do SO. ALLEGATION VI. The hiring of Firefighters. Recommendation: Delay the hiring of any firefighter until a review can be made as to why there are no African-Americans included in the list. After completion of the review, develop a system designed to increase the number of African-Americans in the applicant pool. Some suggestions include developing a City -sponsored practice test -taking procedure, outreach and recruitment to the African-American community, and perhaps re -giving the test at a later date. Conclusion: Hire no one at the present time, due to budget restraints; City Manager have procedures rewritten and present draft of same to Commission as expediently as possible. JONATHAN HINES asked the Commission for a copy of the Kentucky Commission on Human Rights letter of March 22, 1994, from Beverly Watts and also requested a copy of statement(s) made by city employee or employees. EXECUTIVE SESSION Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board to into closed session for discussion of matters pertaining to the following topics: 1. Proposed or pending litigation; as permitted by KRS 61.810(1)(c). 2. Issues which might lead to the appointment, dismissal or disciplining of an employee; as permitted by KRS 61.810(1)(f). Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Montgomery (5). At the conclusion of the Executive Session the Board reconvened in open session, whereupon the Mayor announced there was no further business. Upon motion the meeting adjourned. ADOPTED: April , 1994 ity lerk