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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." 150 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 13 El 151 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). 152 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 153 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, 1E4 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 155 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 14 1-8 City Clerk Mayor Paxton