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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. 159 _ 11-i . A! 11 1 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 160 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 161 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 162 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 i 163 L [I 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