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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). 67 68 68 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 Ell J 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 .• L/ 70 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' 70 ON N 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 d 72 %2 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 Q"V772��iiUG� Assistant City Clerk Mayor N 73