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SEPTEMBER 28;-1993
ROLL CALL
At Regular Meeting of the Board of Commissioners held in the
Commission Chambers at City Hall at 7:00 p.m., Tuesday,
September 28, 1993, Mayor Montgomery presided, and upon call of
the roll by the City Clerk, the following answered to their
names: Commissioners Feezor, Grumley, Hornsby, Taylor and
Mayor Montgomery (5).
Boy Scout Den 6, Pack 20 attended this meeting.
PRESENTATION
Mayor Montgomery announced that the City has received a plaque
for Certification for Excellence in Financial Reporting for the
Fiscal Year ending June 30, 1992.
PUBLIC FORUM
J. W. Cleary, President of the Paducah NAACP, gave the Board a
Request for News Coverage which covered the following six
issues in the City of Paducah about which they are concerned:
1. Continued reduction of minority employees
2. Demotion of administrative level employees
3. Employment of a "Biased" department director
4. Inaction to employ a Human Rights Director
5. Disclosure of WANT investigation - preliminary findings
6. Refusal to negotiate with union employees.
He said there is a definite pattern of conduct by the City that
needs to be addressed at this time.
Gladman Humbles also made a statement concerning this matter.
Mr. Humbles was employed in the Fire Department for 29 years
and was the first black person employed in that department. He
made a statement about the welfare and treatment of black
citizens.
Pamela Crider inquired about a response to her request at last /
week's meeting regarding Police Officer Charles Welch. Mayor
Montgomery told her the proper procedure pursuant to the
Policemen's Bill of Rights is being followed in her complaint,
and due to advice from the City's attorneys, the City Manager
did not give a report on this matter.
Albert Menefee reported that he has filed two formal complaints
against a police officer and the McCracken County Jailer, and
that he is still being abused. He stated that he and his
girlfriend were arrested and jailed on September 25, 1993.
The City Manager made a copy of his statement, and copies will
be distributed to the Board by the City Clerk and made a part
of the minute file for this meeting.
Ella Merritt made a statement about being "manhandled" and
slammed into a car during the above incident reported by Albert ✓
Menefee. She said Officer Jagoe instituted this incident and
that she was arrested and taken to jail for disorderly conduct.
Ms. Merritt said she plans to file a separate complaint from
Mr. Menefee's.
Lawrence Milliken addressed the Commission concerning the
employment of "biased" department director, David Harvell. He
had documents dated June 289L 1990 which contained a letter to
Mr. Harvell during his employment in Delray Beach, Florida. He
also addressed the "situation" in Paducah.
Glen Dowdy, President of the Local AFL-CIO, addressed the
City's refusal to negotiate with union employees. He stated
that the Board should do what they were elected to do, or they
should resign.
567
Linda Bowes, International Representative for AFSCME, addressed
the Commission about other problems confronting the Union;
V employee i.e., grievances not being processed. She said she
has a list of these grievances that were not hear or resolved
which she will present to the Board at a later date.
Mayor Montgomery stated that the issues outlined in the Request
for News Coverage will be looked into. Mayor Montgomery also
told Mr. Milliken that she will set up a time with him tomorrow
to discuss his request for an outside audit.
City Manager Jim Pennington stated that the timetable for.this
should be two to three weeks.
Russell Thomas reported a problem with Police Officers
harassing an individual who purchased a new vehicle. He said
Officer Griggs was the last officer who stopped him. He
alleged that this person has been stopped at least six times.
City Manager Jim Pennington told Mr. Thomas he should file a
complaint with the Chief of Police pursuant to Kentucky Law.
The Board asked the City Manager to look into this situation
with the Chief of Police.
Rhonda McCorrie told the Board that she filed a complaint over
a year ago with the Police Department in the Leandru
Higgenbottom case. She told about an incident concerning her
arrest in Kroger and her being jailed, etc.
Gene Bryant commended Messrs. Cleary, Milliken and others for
presenting their issues. Mr. Bryant inquired about the City's
policy for repairing sidewalks.
City Manager Jim Pennington explained the City's sidewalk
repair policy to Mr. Bryant and told him the policy was
established many years ago.
Mayor Montgomery told Mr. Bryant that the Board has discussed
the sidewalk policy and the possibility of changing it at some
future date.
At the end of one hour, Mayor Montgomery asked the audience to
put any further discussions/problems in writing and present it
to the Board or to attend next week's City Commission meeting.
NOTICES OF CALLED MEETING
Commissioner Feezor offered motion, seconded by Commissioner
Grumley, that the executed copies of the Notice of Called and
Regular Meetings of the Board of Commissioners of the City of
Paducah for meetings scheduled from September 14 through
October 26, 1993, be received and filed. Adopted on call of
the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor
and Mayor Montgomery (5).
MINUTES
Commissioner Grumley offered motion, seconded by Commissioner
Feezor, that the reading of the minutes for September 21 and
23, 1993, 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 Feezor, Grumley, Hornsby, Taylor
and Mayor Montgomery (5).
CEMETERY LOTS
Commissioner Hornsby offered motion, seconded by Commissioner
Taylor, that the Board of Commissioners approve the sale of the
attached cemetery lot(s) and that the City Clerk is hereby
authorized to execute a Deed of Conveyance for said cemetery
lot(s):
1. Peggy Wilkins for Franklin Wilkins, Jr.,
Mausoleum Addition to Oak Grove Cemetery, Sec. 1, Lot 1 1/2,
Grave 1, in the amount of $375.00 (Receipt No. 5838)
Adopted on call of the roll, yeas, Commissioners Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
R & F DOCUMENTS
Commissioner Taylor offered motion, seconded by Commissioner
Hornsby, that the following documents be received and filed:
1.
Performance Bond(s):
a) Federal Materials
Co. for the FY 1993-94 supply of
concrete & sand
2.
Contract between
the City & Wahl's Excavating
& ✓
Underground, Inc.
for equipment rental for FY
1993-94
3.
Escrow Agreement
in Lieu of Bond for property
located
on Friedman Lane
for Computer Services Inc.
4.
Kentucky Water Works
Revenue Refunding Bonds,
Series
1991
5.
Paducah Water Works
Monthly Report for Sept.,
1993
Adopted on call of the roll, yeas, Commissioners Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Feezor offered motion, seconded by Commissioner
Grumley, 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 Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
ORDINANCE - INTRODUCTION
CHANGE ORDER NO. 1 - INFORMATION AGE PARK SEWERS
Commissioner Grumley offered motion, seconded by
Commissioner Feezor, that the Board of Commissioners introduce
an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF
$87,263.70 WITH H & G CONSTRUCTION COMPANY INC. FOR FURNISHING ✓
AND INSTALLING THE SEWER SYSTEM AT STINESPRING ESTATES
SUBDIVISION". This ordinance is summarized as follows:
Increasing the contract with H & G Construction Company Inc. to
$913,336.60 to make additions and changes required by the
Division of Water.
ORDINANCE - ADOPTIONS
AMEND SEASONAL LEAF COLLECTION SERVICE
Commissioner Hornsby offered motion, seconded by Commissioner
Taylor, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AMENDING PARAGRAPH 5.7, SEASONAL
COLLECTION SERVICE, OF SECTION 5, LOCATION AND COLLECTION OF
WASTE CONTAINERS, OF CHAPTER 27, SOLID WASTE, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance
is summarized as follows: Changing the method of leaf
collection from bagged leaves to loose leaves. This ordinance
LOST on call of the roll, yeas, Commissioners Grumley and
Taylor (2); nays, Commissioners Feezor and Hornsby and Mayor
Montgomery (3).
AMEND SEC. 2-47.5 - NONCIVIL SERVICE
Commissioner Taylor offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AMENDING SECTION 2-47.5 'NONCIVIL
SERVICE GENERALLY' OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY". This ordinance is summarized as follows:
Increasing the salary of the Director of Emergency Communications.
S69
Adopted on call of the roll, yeas, Commissioners Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
AMEND POLICE MANUAL OF RULES & PROCEDURES (JUVENILE SECTION)
Commissioner Feezor offered motion, seconded by Commissioner
Grumley, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE.AMENDING SECTION 25-4(a), 'POLICE', OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This
✓ ordinance is summarized as follows: Amending Section 25-4(a)
of the Code of Ordinances by adopting Revision No. 7, which
revises Chapter VI, Procedures on Handling Juveniles, of the
Manual of Rules and Procedures of the Police Department.
Adopted on call of the roll, yeas, Commissioners Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
6ZD. Vo. f3-9_Soi& . ORZ, Bk: -25, -P. x.78
GRANT AGREEMENT FOR LITTLEVILLE RELOCATION PROJECT
Commissioner Grumley offered motion, seconded by Commissioner
Feezor, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $750,000, AND OTHER
NECESSARY DOCUMENTS BETWEEN THE CITY OF PADUCAH AND THE
COMMONWEALTH OF KENTUCKY, DEPARTMENT OF LOCAL GOVERNMENT, FOR THE
LITTLEVILLE RELOCATION PROJECT". The foregoing title summarizes
the contents of this ordinance. Adopted on call of the roll,
yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor
Montgomery (5). mRp. No. 13-9- S0I-7. OAP. BAr. a6,, j? Q? 77.
AGREEMENT W/FLORENCE & HUTCHESON FOR ENGINEERING SERVICES
Commissioner Hornsby offered motion, seconded by Commissioner
Taylor, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
/ EXECUTE AN AGREEMENT WITH FLORENCE & HUTCHESON, INC. FOR
✓ ENGINEERING SERVICES FOR THE CITY OF PADUCAH, KENTUCKY". The
foregoing title summarizes the contents of this ordinance.
Adopted on call of the roll, yeas, Commissioners Feezor,
Grumley, Hornsby, Taylor and Mayor Montgomery (5).
ORD. Na• 013-9- .Sot2 , d AD. SK. zs', -P 2$0
APPROVE EXECUTIVE PARK PLAZA SUBDIVISION
Commissioner Taylor offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE
PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED SUBDIVISION OF
PROPERTY OF K.P.T., INC. EXECUTIVE PARK PLAZA LOT 4 LOCATED ON
JACKSON STREET". This ordinance is summarized as follows:
/ Approving the final report of the Paducah Planning Commission
respecting the proposed subdivision of property of K.P.T. Inc.,
Executive Park Plaza Lot 4, located on Jackson Street. Adopted
on call of the roll, yeas, Commissioners Feezor, Grumley,
Hornsby, Taylor and Mayor Montgomery (5).
ADOPT RESIDENTIAL ANTI -DISPLACEMENT & RELOCATION ASSISTANCE
PLAN FOR LITTLEVILLE CDBG PROJECT
Commissioner Feezor offered motion, seconded by Commissioner
Grumley, that a the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE ADOPTING A RESIDENTIAL ANTI -DISPLACE-
MENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(D) OF THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR
USE IN THE LITTLEVILLE CDBG PROJECT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME. The foregoing title summarizes the contents
of this ordinance. Adopted on call of the roll, yeas,
Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor
Montgomery '(5). OAP, nro• 93-9-.5'azo . dRv,3k ate, P. a eta -
APPROVE SUBDIVISION OF PROPERTY FOR COMPUTER SERVICES INC.
Commissioner Grumley offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE
PADUCAH PLANNING COMMISSION RESPECTING THE PROPOSED SUBDIVISION OF
PROPERTY AND DEVELOPMENT PLAN OF COMPUTER SERVICES, INC. LOCATED ON
FRIEDMAN LANE, ACCEPTING THE DEDICATION OF PUBLIC RIGHTS-OF-WAY AND
EASEMENTS AND SETTING BOND AMOUNT". The foregoing title summarizes
the contents of this ordinance. Adopted on call of the roll,
570
yeas, Commissioners Feezor, Grumley', Hornsby, Taylor and Mayor
Montom ry
094T /�0. �5).
3-9--5a-�l ; 0/2 /3A
AMEND 1993-94 BUDGET
Commissioner Hornsby offered motion, seconded by Commissioner
Taylor, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE AMENDING ORDINANCE 93-6-4956 ENTITLED,
'AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
BUDGET FOR THE FISCAL YEAR JULY 1, 1993, THROUGH JUNE 30, 1994,
BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT"'. The above title
summarizes the contents of this ordinance. Adopted on call of
the roll, yeas, Commissioners Feezor, Grumley, Hornsby, Taylor
and Mayor Montgomery (5).
6 R b. o. 13 -4- L-02-2, 0 R& ale
APPROVE 1992-93 AUDITOR & FEE ($48,000)
Commissioner Taylor offered motion, seconded by Commissioner
Hornsby, that the Board of Commissioners adopt an ordinance
entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF ALLEN, RUNDLE
& GOLIGHTLY, P.S.C., CERTIFIED PUBLIC ACCOUNTANTS, FOR A
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF PADUCAH FROM ✓
JULY 1, 1992, TO JUNE 30, 1993, FOR A SUM NOT TO EXCEED $48,000.00,
AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAME". The above
title summarizes the contents of this ordinance. Adopted on
call of the roll, yeas, Commissioners Feezor, Grumley, Hornsby,
Taylor and Mayor Montgomery (5).
oRp. �vd . 93 -9- s6i3. a,4. m- a - a SG
DISCUSSIONS
City Manager Jim Pennington discussed surplus real property
that will be declared as surplus and can be disposed of. He
also discussed policy for same; i.e., public entity,
advertising, etc.
Commissioner Grumley inquired about a house for Habitat for
Humanity. The Mayor and City Manager are trying to work this
out.
The City Manager will declare a list of property as surplus
property after the Board has an opportunity to look at the
property list.
EXECUTIVE SESSION
Commissioner Feezor offered motion, seconded by Commissioner
Grumley, that the board go into closed session for discussion
of matters pertaining to issues which might lead to the
appointment, dismissal or disciplining of an employee; as
permitted by KRS 61.810(a)(f). Adopted on call of the roll,
yeas, Commissioners Feezor, Grumley, Hornsby, Taylor and Mayor
Montgomery (5).
At the conclusion of the Executive Session the Board reconvened
in the Commission Chambers, whereupon the Mayor announced there
was no further business.-
Upon
usiness:Upon motion the meeting adjourned.
APPROVED:
October 5, 1993
Xity��Clerk
578
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
PADUCAH KENTUCKY BRANCH P.O. Box 357 • Paducah, KY
502/443-5430 42002-0357
Press Release:
Honorable Mayor and Commissioners:
I am J. W. Cleary, A Paducah Citizen and current President of the Paducah Branch
NAACP, I am representing many organizations and citizen's of Paducah. We are
here to respond to your comments and City Manager Pennington remarks plus
others in the newspaper, on television, and in the meeting with myself and Rev.
Milliken on last Wednesday.
We are concerned the public is being misled and we must set the record straight.
First of all, we are not a Political Organization but a Civil Rights Organization.
Second Mayor yours statements are misleading also, it appears you and the media
have focused on "a single issue: hiring and promotions of African Americans. City
Manager Pennington and the media have focused on a single issue of the Florida
charges against David Harvell. Since you did not understand, our concern includes
a variety of issues not limited to:
1. We are concerned about the continued reduction of African Americans
employee.
2. We are concerned about the downgraded job responsibilities of an administrative
level employee (Mr. Jonathan Hines).
3. The employment of a "Biased" Department Director (David Harvell).
4. As of this day for 6 months we still don't ha�-e a full time Human Rights Director.
5. Disclosure of a frill report on the "Want" investigation.
6. Refiisal to negotiate with union employees.
Mayor Montgomery and Commissioner Tayor, contrary to your September 29,
statements in The Paducah Sun saying the city does not routinely receive qualified
minority applicants, our preliminary investigations reveal that this is not true. For
example, an African-American female, with a Master Degree in Public
Administration, and one in Personnel Administration from Ohio State University,
several years experience as a Personnel Director and Paducah Resident was not
even given consideration for an interview for our Personnel Director. Testing and
not being qualified, under qualified and over qualified is only a way of keeping
- President -
-Mr. J.w. Cleary
'Your Membership Is The Key To A Better Future'
1st Vice President - - 2nd Vice President - 3rd vice President -
Mr. Dar "al NA 7— ", — ... _ r - ... . .
secretary - - Treasurer -
`:"�. K-aren ?Aurphy Mrs. Mary Taylor
579
African-Americans out. We do not believe Qualified African Americans do not
apply. We have several cases of this type and -t ' he investigation is ongoing.
African-Americans that are employed by the City of Paducah have complained that
when vacant positions exist they are not being promoted but are being denied Equal
Opportunity to advance to the new level with title and pay but have the work load of
the position.
We are not satisfied nor are we impressed with statements made by City Manager
Pennington concerning allegations of Racial Discrimination in David Harvell past
and all the details has yet been release to you, us, or the public. During Mr. Harvell
tenure as Paducah's Public Works Director it had come to our attention a pattern of
misconduct has developed. Not only toward Minorities, but others within City
Govenunent and the public at large. We still cannot understand that City Manager
Pennington would recommend Mr. Harvell to be employed for the City of Paducah.
We again urge an independent investigation be conducted and all past and present
employees be interviewed.
We are further concerned that not only filling the position of Human Rights has been
delayed, but funding for this office be adequate so the New Director can effectively
carry out its mission.
We join with other interested parties and urge the full "Want Report", with the 14
detailed pages, be released to the taxpaying public immediately.
We stand by our original position that the stalled negotiations between AFSCME
" Local 1586 and the City of Paducah be resolved before morale sinks to a dangerous
level.
Mayor Montgomery we have received many negative comments concerning the
selection of representatives for last Wednesdays meeting. Therefore, in the fiiture
the NAACP Leadership will select its representatives to participate in any future
discussions.
Thank: You