The City of Cynthiana Board of Commissioners met in regular session at 7:00 P.M. on April 22, 2003 at City Hall.  Present were Mayor Wells,  Attorney Lair, Commissioners Clayton, Conner, Doan, and Martin. 

Mayor Wells called the meeting to order.  Mayor Wells reminded the audience that the stars on the American flag represent each state of the union; the blue field stands for vigilance, perseverance, and justice;  the red stripes stand for valor and courage; and the white stripes symbolizes innocence and purity.

MEETING CALLED TO ORDER

Mayor Wells reported the minutes of April 8, 2003 have been presented to the Board for review.  Commissioner Doan made a motion to approve the minutes of April 8, 2003 as printed.  Commissioner Conner seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none. Motion carried.

MINUTES OF

4/8/2003 APPROVED

Mayor Wells introduced Police Chief Frazier and Commissioner Martin who presented Mrs. Sue Moore with a Certificate of Appreciation for her assistance to the Police Department.  Mrs. Moore is a security personnel at 3M Co. who recently observed some suspicious activity near the water treatment plant. 

CERTIFICATE OF APPRECIATION TO MRS. SUE MOORE

Mayor Wells recognized Attorney John Lair.

Attorney Lair read Ordinance #1361 authorizing CSX Transportation and/or the Kentucky Transportation Cabinet to close the Pearl Street Railroad Crossing upon the completion of certain conditions including, but not limited to, the installation of automatic crossing gates and signals at the Pleasant Street Railroad Crossing.

LEGALS

ORDINANCE

#1361 (2^nd Reading)

Commissioner Doan made a motion to accept the second reading of Ordinance #1361.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

Mayor Wells advised a copy of Ordinance #1361 will be mailed to The Department of Transportation first thing April 9, 2003. The contract has been mailed to CSX. 

Attorney Lair read Ordinance # 1362 amending the zoning map of the City of Cynthiana and establishing appropriate zoning classifications for new annexed property consisting of approximately 121.389 acres more or less generally lying east of Cynthiana and on the North side of U.S. 62, Oddville Pike. 

ORDINANCE

#1362 (1^st Reading)

Commissioner Conner made a motion to accept the 1^st reading of Ordinance #1362.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

Attorney Lair read Ordinance #1363 extending the present boundary of the City of Cynthiana, Kentucky and annexing certain contiguous property to the City consisting of approximately 121.389 acres more or less general lying east of Cynthiana and on the north side of U.S.

62, Oddville Pike.

ORDINANCE

#1363 (1^st Reading)

Commissioner Clayton made a motion to accept the 1^st reading of Ordinance #1363.  Commissioner Conner seconded.  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

Attorney Lair advised a special meeting would have to be set in order to have the second reading of Ordinances #1362 and #1363.  Thursday, April 22, 2003 at 2:00 P.M. was decided upon. 

SPECIAL MTG

TIME SET FOR

2^ND READINGS

Attorney Lair reported that the Norfleet/Owens annexation had been deferred back to counsel.

Attorney Lair advised he had received a request from CSX RR on a lease of the railroad parking lot, but he stated he was having trouble with the legal description of the property.  Commissioner Clayton suggested this item be deferred until Attorney Lair could contact CSX personnel. 

CSX ACTION

ON PARKING

LOT DEFERRED

Mayor Wells recognized Commissioner Wm. C. Doan.  

PUBLIC FINANCE REPORT

Commissioner Doan reported that members of the Ethics Board have been contacted and all agreed to serve another term.

Commissioner Doan made a motion to reappoint Deborah Midden to the Ethics Board.  This term will expire 3/27/2005.  Commissioner Martin seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MOTION TO

REAPPOINT

DEBORAH MIDDEN TO

ETHICS BOARD

Commissioner Doan made a motion to reappoint Joe Garrett to the Ethics Board.  This term will expire 3/27/2004.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MOTION TO REAPPOINT

JOE GARRETT TO ETHICS

BOARD

Commissioner Doan made a motion to reappoint Alice Allen to the Ethics Board.  This term will expire 3/27/2006.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MOTION TO REAPPOINT

ALICE ALLEN TO ETHICS BOARD

Commissioner Doan reported the City and County are now the owners of the Handy Farm.  Deed has been recorded in the County Clerk’s office.

HANDY FARM

TRANSFERRED TO CITY/COUNTY

Commissioner Doan made a motion to pay the following bills:

             General Fund                 $71,745.13

             Water Fund                    $85,358.90

Cash-in-Bank General Fund      $615,969.00

Cash-in-Bank Water Fund         $236,950.84

Commissioner Martin seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried. 

BILLS

Commissioner Doan made a motion to advertise the leasing of 7758# of the City’s tobacco allotment.  Bid forms can be picked up at the City Clerk’s office.  Bid opening to be held May 13, 2003.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MOTION TO

ADVERTISE

LEASING OF

TOBACCO BASE

Commissioner Doan advised Mayor Wells had written a very positive

letter to Kelly Healy of McDonald’s.

Mayor Wells recognized Commissioner of Public Works David Conner.

PUBLIC WORKS

REPORT

Commissioner Conner reported the Public Works crew has canvassed the City 10 times picking up brush.  The last day for pickup will be

April 30, 2003.

Commissioner Conner reminded each Commissioner to give him a list of streets they would like to see milled and paved. 

Commissioner Conner made a motion to accept the resignation of Jeff Kiskaden from Public Works effective 4/11/2003.  Commissioner Doan seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MOTION TO

ACCEPT RESIGNATION OF JEFF KISKADEN EFFECTIVE 4/11/2003

Mayor Wells recognized Commissioner of Public Utilities Tommy Clayton.

Commissioner Clayton made a motion to make an offer of employment to an individual as a temporary Maintenance Worker I subject to pre-employment requirements.  Commissioner Martin seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

OFFER OF EMPLOYMENT

AS TEMPORARY MAINT. WORKER I

Commissioner Clayton made a motion to make an offer of employment to an individual as a temporary Maintenance Worker I at the WWTP subject to pre-employment requirements.  Commissioner Conner seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

OFFER OF EMPLOYMENT AS TEMPORARY MAINT. WORKER I @

WWTP

Mayor Wells recognized Commissioner of Public Safety James Martin. 

REQUEST FOR

EXECUTIVE SESSION

Commissioner Martin requested an executive session for the purpose of a personnel disciplinary matter.

Mayor Wells advised she would give her report and then go into executive session.

MAYOR’S

REPORT

Mayor Wells expressed sympathy to the family of Mary Elizabeth Bryant and David Rose. 

SYMPATHY

EXTENDED

Mayor Wells reported she had attended the following meetings:

1.      E-911 Board meetings.

2.      Ben Sorrell

3.      Darwin Root

4.      Crime Victim’s Rally – Child Abuse Month

5.      Ken Lucas meeting at the High School

6.      Handy Farm

7.      Cynthiana High School Alumni Association

8.      Champions against Drugs meeting

9.      Recreation Board meeting

10.  Raggedy Ann Festival

Mayor Wells requested the Board’s support of a project called “Youth Alcohol Initiative Conference” to be held in Cynthiana.  The cost of the project should not exceed $250.00.  This conference is being conducted by the Champions for a Drug Free Environment.  

Commissioner Doan made a motion to sponsor the “Youth for Alcohol Initiative Conference” in the amount of $250.00.  Commissioner Conner seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells:  yes;  Opposed:  none.  Motion carried.

MEETINGS

MOTION TO

SUPPORT

“YOUTH ALCOHOL INITIATIVE PROGRAM”

Mayor Wells invited the public to the Support our Troops Rally on the Courthouse Square at 1:00 P.M. Saturday, April 26, 2003.  The Color

Guard will be made up of City employees:  Firefighter Andrew Wiglesworth, Firefighter Ray Johnson, Jr., Firefighter Shayne Moore, and Firefighter Scott Nelson.

SUPPORT OUR TROOPS RALLY

·        Mayor Wells announced the fourth annual Grist Mill Day will be held May 24, 2003.

GRIST MILL DAY

·        The Chamber of Commerce will host an industry appreciation breakfast of the High School Cafeteria on 4/29/2003 at 7:30 A.M.

·        Judge Melcher will host a meeting on 4/23/2003 at 5:30 P.M. on the Family Court System.

·        On 4/4/2003, the WWTP received a good report on their annual inspection of that facility.

·        The Cynthiana High School Alumni banquet will be held on June 28, 2003.

·        The Raggedy Ann Festival was very nice and a lot of fun.

ANNOUNCE-MENTS

Mayor Wells advised she had written memos about the need for a handicapped sign, a letter to Kelly Healy of McDonald’s, and a formal request to Ken Lucas for assistance with building fence around the water towers.

Commissioner Martin made a motion to move to executive session for the purpose of personnel disciplinary action.  Commissioner Conner

seconded.  In favor:  Commissioner Clayton: yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;

Mayor Wells:  yes;  Opposed:  none.  Motion carried.

EXECUTIVE

SESSION

Commissioner Doan made a motion to return to regular session.  Commissioner Conner seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;   Mayor Wells:  yes;  Opposed:  none. 

Motion carried.

RETURN TO

REGULAR SESSION

Mayor Wells advised that while in executive session, a personnel disciplinary action in the Telecommunications Dept. was discussed.  Commissioner Martin has taken action.

PERSONNEL

DISCIPLINARY

ACTION TAKEN

Mayor Wells recognized Officer David Powers. 

OFFICER DAVID POWERS

GRIEVANCE

Officer Powers advised that he had filed a grievance because he felt he was not properly compensated for his previous experience as a police officer.  Each member of the Board received a copy of the grievance.

Attorney Lair questioned his purpose for addressing the Board.  Officer Powers replied that Commissioner Martin had answered the grievance, but that he was not satisfied with the response.  So, he was told to appear before the Board of Commissioners.

Attorney Lair advised Officer Powers that he had the right to have counsel present and the right to tape the proceedings.  If he chose to speak without counsel or a tape, he would have to rely on the Deputy Clerk’s minutes of the proceedings. 

Officer Powers stated he would waive the right to counsel and proceed with an informal hearing.  At this time, Officer Powers read from a prepared statement.  In this statement he alleges that the Kentucky Retirement system recognizes his years with the City, and the City recognizes his years with his number of vacation days, sick days, and longevity pay, but not with his salary.  He also stated that the Police Academy at Richmond recognizes his years of experience.

During this statement, Officer Powers stated he felt it would have been inappropriate for him to question the rate of pay while requesting the transfer. Officer Powers stated that when he makes a call as a Police Officer, he takes eight years of experience with him.  He stated the fact that the City of Cynthiana refused to pay him for his year’s of experience is a “blatant act of discrimination”.   He would like for his salary to be adjusted accordingly.

Mayor Wells asked if the Board had any questions.  Commissioner Clayton asked Officer Powers who had told him to come before the Board.  Officer Powers responded that Commissioner Martin had advised him to do so.

Commissioner Clayton stated he resented the term “blatant act of discrimination”.  Commissioner Clayton stated that the Board of Commissioners had worked with Officer Powers when he originally wanted to transfer from the Police Dept. into the Fire Dept.  Officer Powers stated he felt that he was working in a hostile environment in the Police Dept., and that the did not want to leave the City, so he asked for a transfer to the Fire Dept.

Commissioner Clayton asked Officer Powers who he felt had discriminated against him since the Board had condoned his transfer to the Fire Dept. and then his transfer back to the Police Dept.   Officer Powers stated he felt that whoever set the pay scale.  Commissioner Clayton questioned how much Officer Powers felt he should be paid.  Officer Powers stated he would like to receive the same pay rate as an officer with 8 years of experience.  He stated he was not seeking compensation as a 14 year officer. 

Officer Powers quoted a section of the Personnel Policies and Procedures relating to employees who transfer within the City ranks.  The policy states that an employee who transfers “may” be compensated for experience.   Officer Powers advised that he had transferred from the Fire Dept. back into the Police Dept. in August 2002 after this policy was in place.

Officer Powers stated that he was not the first employee that had requested more pay.  He stated that the City Clerk had taken an employee to Mayor Brown and this had employee had been compensated, and that Commissioner Clayton as Safety Commissioner had awarded two different employee increases in salary.

The City Clerk interjected that she did not do what Officer Powers stated.  Commissioner Clayton stated that he did award two employees an increase, but that he received many objections from that action.  He also stated these pay raises were brought before the Board of Commissioners. 

Commissioner Doan stated that when he was sworn in as a new Commissioner on June 28, 2002, Officer Powers was at his door lobbying him for a transfer.  Commissioner Doan advised Officer Powers that he was not going to micro-manage the Fire Dept. and the Police Dept.  At that time, Officer Powers was making an effort to get his certification validated.  Commissioner Doan stated that word soon was “out on the streets” about the transfer, but Commissioner Doan stated that he was his own man, and that he made his own decisions.  Commissioner Doan stated he was not opposed to the transfer.  Officer Powers stated Commissioner Doan had requested he wait until after the election.  Commissioner Doan stated he did not recall, but he did remember the Mayor mentioning Officer Powers salary to him.

Commissioner Doan stated he had a problem with the request because several officers that were certified had started at the entry level.  These officers were Alan Judy, Mark Merriman, Terry Gray, and Brian Hassall.  Officer Powers also had a break in service of 4 years while serving in the Fire Dept. Officer Powers stated again that he felt he was working in a hostile environment in the Police Dept.  He stated he felt this way because he was the only officer who had ever been required to pay for damages to a cruiser. 

Commissioner Clayton stated that at the time of the transfer from the Police Dept. to the Fire Dept., that Officer Powers had stated he had always wanted to be a fireman.  Now, Officer Powers has returned to the Police Dept.  Commissioner Clayton stated he felt that Officer Powers had lied to him.  Commissioner Clayton stated he was heatedly opposed to Power’s statement about “blatant discrimination”.  Commissioner Clayton stated that he had kept his end of the bargain when Powers requested a transfer, both times.

Commissioner Conner interjected that he felt the problem stemmed from the word “may” used in the Personnel Policies and Procedures.  He felt that this allowed too much gray area in the policies and procedures.  He felt that any employee could misinterpret the language.  

Mayor Wells stated the Board of Commissioners had worked diligently to get a good personnel policy, but that the policy had certainly caused a lot of trouble.

Officer Powers stated he felt he had complied with all the qualifications needed in order to receive pay for an eight year officer.

Mayor Wells commented that Officer Powers is a good policeman.  She felt that when he answered a call, he certainly took eight years of experience with him to the door. 

Commissioner Clayton questioned how far Officer Powers was behind in salary.  Officer Powers stated he was not sure, but he would like the same rate of pay as an eight year officer.  Commissioner Martin stated that Officer Powers had requested an increase of $1.61 per hour in his grievance.  Officer Powers stated he felt that was a little too high.  Commissioner Martin stated that at no time did Officer Powers come to him stating the $1.61 per hour increase was too much.

Commissioner Doan stated that he did not understand the statement made by Officer Powers that he did not think it was appropriate to mention salary before the transfer.  Commissioner Doan stated that he never started a job in his life that he did not know what he would be making per hour.

The City Clerk produced payroll records for the Board’s review.  An eight year officer after January 1, 2003 is receiving $12.81 per hour. City Clerk advised that when an individual transfers from one department to another, that person becomes low person on the “totem pole” in that department.  Commissioner Martin commented that Chief Stinson had advised that if an employee transferred to the Fire Dept., he would enter as a new employee.  

Mayor Wells commented that Officer Powers’ case in unique.  He is the only employee to transfer from the Police Dept. and then transfer back four years later.  How could experience not count for anything?

Commissioner Doan commented that he did not hear the Board say that experience does not count for anything.

Commissioner Clayton commented that there was a four-year gap in training for Officer Powers, and that he felt Commissioner Martin had handled the situation with his reply to the grievance on April 8, 2003.

Commissioner Martin advised that he had researched the situation one weekend, and he felt that if Officer Powers were awarded an increase, it would not be fair to the other officers.

Commissioner Conner commented that he felt the Personnel Policies and Procedures should be amended in order to avoid this type of situation. 

Commissioner Martin made a motion to take no action on the request for a raise of $1.61 per hour made by Officer David Powers.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes, but he felt the personnel policy was confusing to employee;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Opposed:  Mayor Wells:  no.  Motion carried. 

MOTION TO TAKE NO ACTION ON OFFICER POWERS REQUEST

There being no further business to discuss, Commissioner Doan made a motion to adjourn.  Commissioner Clayton seconded.  In favor:  Commissioner Clayton:  yes;  Commissioner Conner:  yes;  Commissioner Doan:  yes;  Commissioner Martin:  yes;  Mayor Wells: yes;  Opposed:  none  Meeting adjourned at 9:30 P.M.

ADJOURNMENT