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HomeMy WebLinkAbout04/09/0241 APRIL 9, 2002 At a Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 9, 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, and Mayor Paxton (4). Commissioner Smith was absent (1). Mayor Paxton made comments for meeting procedures if profanity or outbursts occur. A Sergeant -at -Arms will be present at the City Commission meetings and all meetings will be conducted in a cordial manner. Mr. Phillip Crider, employee of the Paducah Police Department, gave an apology to the Mayor and Board of Commissioners for his actions at the meeting on April 2, 2002. DISCUSSION: $50,000 Sec. 8 Administrative Fee Reserves Tom Barnett, Planning Director complimented Danny Fugate, Section 8 Program Administrator, for his conservative budgeting of funds received for the Section 8 program. Due to the budgeting of the Section 8 division, $50,000 in reserves could be transferred to the Planning Department to be used for the Lowertown area (low income households) and infrastructure within the area. MINUTES Commisst6ner AbrAiam offered motion, seconded by Commissioner Montgomery, that the reading of the Minutes for April 2, 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, Montgomery, and Mayor Paxton (4). MOTIONS R& F DOCUMENTS Commissioner Coleman offered motion, seconded by Commissioner Montgomery that the following documents be received and filed: 1. Certificates of Insurance: a) Louisville Paving Company, Inc. b) W R D Inc. 2. Right of Way Bond for Kevin Rose Construction, Inc. 3. Certificate of Insurance and Performance and Payment Bond for Jim Smith Contracting Co. 4. City Manager's 2001 Federal Income Tax Return 5. Agreement for Governmental Access Channel 11 6. Contract with Eden Fence Inc. for Guardrail Installation/Repair for the City i/ 7. Grant Agreement for $2,000 for Parks Dept. Youth Golf Program ✓� 8. Grant Agreements for: a) Affordable Housing Trust Fund Grant for Christmas in April Program ✓ b) HOME Program Homebuyer 2001 Grant L --- c) HOME Program Homeowner Rehabilitation Grant for Demolition and Reconstruction of Houses for Low -to -Moderate Income Homeowners 9. Paducah Water Works Financial Highlights for Month Ended February 2002 t/ Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). 42 APRIL 9, 2002 R & F BIDS Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners receive and file the following bids: FIRE DEPT. JAWS OF LIFE RESCUE EQUIPMENT 1. Tupelo Fire Equipment 2. Finley Fire Equipment 3. Phoenix Rescue Equipment Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). MUNICIPAL ORDERS PERSONNEL CHANGES: Commissioner Abraham 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, Commissioner Abraham, Coleman, Montgomery and Mayor Paxton (4). ADOPT REVISED SECTION 8 UTILITY ALLOWANCES Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING REVISION OF THE UTILITY ALLOWANCE FOR THE SECTION 8 EXISTING HOUSING VOUCHER PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS REVISED," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery, and Mayor Paxton (4). M.O.946; BK 4; PG 3 �� ADOPT ANNUAL PLAN FOR SECTION PROGRAM Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING `CITY OF PADUCAH, KENTUCKY, PUBLIC HOUSING AGENCY ANNUAL PLAN FOR SECTION 8 EXISTING HOUSING FOR FISCAL YEAR 2002'," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). M.O. 947; BK 4; PG `L! ESTABLISH A CONTINUING EDUCATION PROGRAM FOR EMPLOYEES Commissioner Abraham offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER ESTABLISHING A CONTINUING L EDUCATION PROGRAM FOR CITY EMPLOYEES," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). M.O.948; BK 4; PG 0 ADOPTIONS McCRACKEN COUNTY YOUTH SOCCER ASSOCATION FUNDING REQUEST Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY THE CITY'S PORTION OF THE LOCAL CASH MATCHING AMOUNT FOR THE LAND AND WATER CONSERVATION FUND GRANT TO McCRACKEN COUNTY FISCAL COURT FOR THE McCRACKEN COUNTY YOUTH SOCCER ASSOCIATION, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SERVICES WITH THE McCRACKEN YOUTH SOCCER ASSOCATION". This ordinance is summarized as follows: Authorizing the Finance Director to pay $10,000, the City's portion of a matching grant, to McCracken County Fiscal Court for a Land and Water Conservation Fund Grant for the McCracken County Youth Soccer Association Program, and authorizing the Mayor to execute an Agreement for Services with McCracken 0" 43 APRIL 9, 2002 County Youth Soccer Association for construction of a soccer field with improvements, a roadway, and a parking lot for use by City and County residents. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). ORD. NO. 2002-4-6494; BK 29; PG 9- 347 UNITED STATES GOLF ASSOCIATION (USGA) HOOK -A -HID -ON -GOLF GRANT PROGRAM 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 MATCHING GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO BETWEEN THE UNITED STATES GOLF ASSOCIATION (USGA) HOOK -A -KID - ON -GOLF PROGRAM AND THE CITY OF PADUCAH FOR THE PARKS DEPARTMENT YOUTH GOLF PROGRAM". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a matching grant agreement and all necessary documents with the United States Golf Association (USGA) for a grant in the amount of $1,000.00 for a youth golf program. The City will provide matching funds in the amount of $1,000.00 for this project. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). ORD. NO. 2002-4-6495; BK 29; PG �a ANNEXATION OF ST. THOMAS MORE CHURCH Commissioner Abraham offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This ordinance is summarized as follows: Finalizing the annexation of a tract of property adjacent to the present city limits, located adjacent to Alben Barkley Drive (U.S. 62), containing 20.1592 acres more or less. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). ORD. NO. 2002-4-6496; BK 29; PG ZONE CHANGE FOR LOURDES HOSPITAL, McAULEY MANOR, AND MERCY MANOR Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FOR PROPERTIES LOCATED AT 1530, 1532, 1536 LONE OAK ROAD AND 601, 631 AND 701 McAULEY DRIVE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezoning property located at 1530, 1532 and 1536 Lone Oak Road and 601, 631 and 701 McAuley Drive from R-4, PUD (High Density Residential Zone) to HM (Hospital Medical Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). ORD. NO. 2002-4-6497; BK 29; PG ORDINANCE PROVIDING FOR THE REGULATION OF GENERAL ASSEMBLY Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioner adopt an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE REGULATION OF GENERAL ASSEMBLIES". This ordinance is summarized as follows: An ordinance providing for the regulation of 44 APRIL 9, 2002 general assemblies, establishing guidelines for the regulation thereof, and establishing penalties for the violation of the provisions of this ordinance. (PUBLISH IN FULL) Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). ORD. NO. 2002-4-6498; BK 29; PG a S3 ORDINANCE RELATING TO A BUSINESS LICENSE FOR PARADES AND GENERAL ASSEMBLIES Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE RELATING TO A BUSINESS LICENSE FOR PARADES AND GENERAL ASSEMBLIES". This ordinance is summarized as follows: "SECTION 1. A new subsection shall be added under the term `gross receipts' under Section 106-61 to include the following: "(8) The term `gross receipts' shall not include the gross receipts from sales made by a participant in an event relating to a parade or general assembly for which a permit was issued". SECTION 2. A NEW SECTION. A new section shall be added under Section 106, Division II, Tax Schedules, of the Paducah Code of Ordinances as follows: "Parades and General Assemblies: Any person organizing or sponsoring a parade or general assembly under a permit issued from the City Hall pay a license fee of Three Hundred Dollars ($300.00) for each permitted event during any calendar year. If such person secures a business license under this Section, it will not be necessary for any person participating in any activity in the permitted area of the event to secure a separate business license for such activity unless otherwise provided by ordinance." WITHDRAW ABOVE ORDINANCE Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the above motion be withdrawn. Adopted on call of the roll, yeas, Commissioners Abraham, Coleman, Montgomery and Mayor Paxton (4). REINTRODUCE AN ORDINANCE RELATING TO A BUSINESS LICENSE FOR PARADES AND GENERAL ASSEMBLY (text in bold is new change) Commissioner Abraham offered motion, seconded by Commissioner Coleman, that an ordinance entitled, "AN ORDINANCE RELATING TO A BUSINESS LICENSE FOR PARADES AND GENERAL ASSEMBLIES". This ordinance is summarized as follows: "SECTION 1. A new subsection shall be added under the term `gross receipts' under Section 106-61 to include the following: "(8) The term `gross receipts' shall not include the gross receipts from sales made by a participant in an event relating to a parade or general assembly for which a permit was issued". SECTION 2. A NEW SECTION. A new section shall be added under Section 106, Division U, Tax Schedules, of the Paducah Code of Ordinances as follows: "Parades and General Assemblies: Any person organizing or sponsoring a parade or general assembly under a permit issued from the City Hall shall pay a license fee of Three Hundred Dollars ($300.00) for each permitted event during any calendar year, provided, however, that in the event the parade or general assembly and activities thereunder do not constitute a business under Section 106-61, or in the event all activities thereunder are conducted by persons who have current appropriate business licenses issued by the City, no license fee shall be required. If such person secures a business license under this Section, it will not be necessary for any person participating in any activity in the permitted area of the event to secure a separate business license for such activity unless otherwise provided by ordinance." APRIL 9, 2002 ORDINANCE — INTRODUCTIONS EDWIN J. PAXTON PARK GOLF COURSE — AUDIT CY 2001 Commissioner Coleman offered motion, seconded by Commissioner Montgomery, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE PROPOSAL OF WILLIAMS, WILLIAMS, AND LENTZ, LLP FOR FINANCIAL AUDIT FOR EDWIN J. PAXTON PARK GOLF COURSE FOR CALENDAR YEAR ENDING DECEMBER 31, 2001, AND COMPLIANCE REVIEW OF ALL CONTRACTS IN EFFECT FOR 2001, FOR A TOTAL SUM NOT TO EXCEED $2,000.00, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME". This ordinance is summarized as follows: That the City of Paducah accepts the proposal of Williams, Williams, and Lentz, LLP for financial audit for Edwin J. Paxton Park Golf Course for calendar year ending in December 31, 2001, for a total sum not to exceed $2,000.00, and authorizing the Mayor to execute all documents relating to same. REIMBURSEMENT OF ESCROW FUNDS TO WAREHOUSE INC Commissioner Montgomery offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO REIMBURSE WAREHOUSE, INC., $19,956.49." This ordinance is summarized as follows: The City Finance Director is hereby authorized to pay Warehouse, Inc., the sum of $19,956.49. This amount represents a portion of the sum of $63,300.00 which was paid by Warehouse, Inc., to the City for the acquisition of the East Mall Road right-of-way. JAWS OF LIFE RESCUE EQUIPMENT Commissioner Abraham offered motion, seconded by Commissioner Coleman, that the that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF TUPELO FIRE EQUIPMENT FOR SALE TO THE CITY OF JAWS OF LIFE RESCUE EQUIPMENT FOR USE IN THE FIRE 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 Tupelo Fire Equipment in the amount of $26, 706.00 for Jaws of Life rescue equipment for use in the Fire Department. MANAGER'S REPORT 45 M M Free Dump Day — Saturday, April 13, 2002 ✓ The City Commission meeting for April 23, 2002, has been cancelled. EMS proposals selected by the Task Force for the Fire EMS Study are ready for Mayor Paxton, Commissioner Montgomery and Commissioner Abraham to review COMMISSIONER CONCERNS Commissioner Coleman has the following concerns: • New position in Police Department for Officer Crider • Why another African-American who has been eligible since April 2001 and has been on police candidate list and has not been brought for interview. His status is getting ready to expire on the roster. Wants a full report with full disclosure on this issue. Commissioner Montgomery had to leave the meeting at this time. PUBLIC COMMENTS J. W. Cleary, President of NAACP, had several members come before the Board to express their concerns about the City and the Paducah Police Department. Barbara Burris Rev. W. G. Harvey Gladman Humbles Sandra Donald, sister of Alvin Hodge, was here to speak about her brother's reputation. Positive Change Petition was submitted to the Board to be received and filed. Citizens who spoke about their concerns for the Police Department: Annie Conner Mamie Browne 46 APRIL 9, 2002 Jonathan Hines, spoke again on the Civil War re-enactment at Bob Noble Park and presented pictures of the destruction caused from this event at the Park. Jeff Haley, was here to speak on problems highlighted in African-American issue not just African-American but are white issues also. Dhominyc Lightfoot, was here in regards to "Fairness for All Citizens" not just the African-Americans ti Jessica McCorry, another citizen who spoke about the conflict she feels is between the Board and the African-American community. 10 Upon motion the meeting adjourned. ADOPTED:—, 2002 Jam_wmm4_,f &4_ Assistant City Clerk IS M