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HomeMy WebLinkAbout09/28/93566 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