Legal Notices for 2/20/13, page 1

 

 Danny Sullivan’s Towing has a 2005 Suzuki Forenza with a VIN of KL5JJ56Z25K082738. If vehicle has not been picked up by February 25, 2013, vehicle will be sold for towing and storage fees. 606-344-9849

 

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2012- 2013, to include unanticipated receipts increasing / decreasing from the General, Jail and LGEA funds in the amount of $ 316,473.00 and increasing / decreasing expenditures from the General, Jail and LGEA funds in the amount of $ 316,473.00 was passed on 02/19/13. A copy of the Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge executive

 

PUBLIC NOTICE

Notice is hereby given that the City of Williamsburg has filed an application with the Energy and Environment Cabinet to construct a gravity sewer crossing of Briar Creek, adjacent to the existing bridge on 10th Street in preparation for a Kentucky Department of Highways roadway and bridge improvements project to begin in the Fall of 2013. The project is located along and adjacent to 10th Street from Highway 92 to just north of 2nd Street. Any comments or objections concerning this application shall be directed to: The Kentucky Division of Water, Surface Water Permit Branch, Flood Plain management Section at 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone: (502) 564-3410.

 

CITY OF WILLIAMSBURG

REQUEST FOR PROPOSALS

The City of Williamsburg, Kentucky is now accepting Sealed Proposals for the Design and Construction of a “Skateboard Park”. Proposals will be due on February 22, 2013 at 4:00 pm at Williamsburg City Hall, 423 Main Street, PO Box 119, Williamsburg, KY 40769, ATTN: Teresa Black, City Clerk.

For Bid Documentation, please contact Mayor Roddy Harrison via email @ roddy.harrison@williamsburgky.com. The City reserves the right to reject any and all submittals. City of Williamsburg is an Equal Opportunity Employer. Bid Proposals received by the City must be valid for 30 Days after Bid Opening. Thank You.

 

CITY OF WILLIAMSBURG, KENTUCKY

PLANNING & ZONING COMMISSION

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Planning & Zoning Commission of the City of Williamsburg will hold a public hearing on Monday, February 25, 2013 from 6:00 pm to 7:00 pm at Williamsburg City Hall, 423 Main Street, Williamsburg, Kentucky, concerning proposed zoning changing and zoning map amendments. The land proposed to be affected is located as follows:

1. Owners of property located on the South Side of Florence Avenue from corner of North Sixth Street and Florence to the corner of North Tenth Street and Florence Avenue hereby request that the area be rezoned from R-2 Duplex & Multi-Family Residential Zone to R-1 Single-Family Residential Zone.

2. Owners of property located on the North Side of South Second Street (from railroad to W.D. Bryant property line) and the Southeast side of Elm Street (from the railroad to the University of the Cumberlands’ property), consider rezoning from I-1 Industrial Zone to an R-2 Duplex & Multi-Family Residential Zone.

3. Owners of property located on the North Side of South Second Street (from the corner of Fifth Street and South Second Street to the Jones property line) and the East Side of Fifth Street (from the corner of South Second Street and Fifth Street to the corner of the property line of Green Street Church of God), consider rezoning from R-2 Duplex & Multi-Family Residential Zone to an R-1 Single Family Residential Zone.

4. Owners of property located on the East Side of Fifth Street (from the corner of Green Street and Fifth Street to the property line of the First United Methodist Church) and the West Side of Fifth Street including all the property of W.D. Bryant’s), consider rezoning from I-1 Industrial Zone to a B-1 Neighborhood Business Zone.

5. Lands that are open to or concerning the people as a whole, and those that are partially but not entirely open to the public and properties currently owned or operated by a public entity or private institution* will change from present zone to PSP Public/Semi-Public Zone.

*These properties include, but are not limited to City Hall, library properties, education facilities, public park & ride lots, athletic facilities, etc.

The public is invited to attend the meeting and ask questions/make comments to the Commission regarding the proposed zoning recommendations.

Dr. David Williams, Chairperson

Planning & Zoning Commission

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Fraziernantz, LLC, 541 Blakes Fork Rd., Williamsburg, KY 40769 has applied for a Phase I Bond Release on Permit Number 918-0432 which was last issued on June 11, 2012. The application covers an area of approximately 26.07 acres located 1.0 miles Southwest of Yaden in Whitley County.

The proposed operation is approximately 1.0 mile southwest from KY 904’s junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The bond now in effect for increments 1, 2, 3 and is a total of $122,600 which is a Letter of Credit bond. Approximately 60% of the original bond amount of $122,600.00 is included in the application for release.

Reclamation work performed includes: Backfilling, grading, fertilizing, seeding, and mulching was completed in October of 2012.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by April 5th, 2013 @ 9:00 a.m.

A public hearing on the application has been scheduled for April 8th, 2013 @ 9:00 a.m. at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Ofice, Regional State Office Building, 1804 E Cumberland, Middlesboro, KY 40906. The hearing will be canceled if no request for a hearing or informal conference is received by April 5th, 2013 @ 9:15 a.m.

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 13-001

AN ORDINANCE AMENDING ORDINANCE NO. 02-002 OF THE PERSONNEL POLICIES AND PROCEDURES FOR ALL DEPARTMENTS OF THE CITY OF WILLIAMSBURG, KENTUCKY

WHEREAS, the council and the administration of the City of Williamsburg, Kentucky recognized that a personnel system which recruits and retains a quality, motivated work force is indispensable to effective and efficient city government; and

WHEREAS, it is essential to have rules and regulations delineating all aspects of employment with the city and make available to each of the employees affected by said rules and regulations on a regular basis;

NOW THEREFORE BE IT ORDAINED, by the Council of the City of Williamsburg of the Commonwealth of Kentucky:

Section One           

That Section One, 1.8 of the personnel policies and procedures manual should be amended to comply with the Code of Ethics Ordinance # 0005-94 Section 19

That Section One, 1.10 of the personnel policies and procedures manual should include the Americans with Disabilities Act Statement

Section Four

That section Four, 4.2 should be amended to remove the requirement that all new employees must have a physical examination at the expense of the city, prior to commencement of work.

Section Five

That Section Five, 5.4 should be amended to remove requirement of physicals.

That Section Five, 5.7B #6 shall be amended to falsifying time sheets replacing  “time cards”.

That Section Five, 5.7B #15 shall be amended to say disciplinary action for reporting to work under the influence of intoxicants or illegal drugs striking “while on duty”.

That Section Five, 5.7C #4c shall be amended to update the discharge statement.

That Section Five, 5.13 C shall be removed pertaining to the use of city phones.          

Section Six

That Section Six, 6.1 shall be amended to add the holidays of Christmas Eve and Good Friday.

That Section Six, 6.1 E (1) shall be amended to state that an employee must take birthday off during his/her birth month.  Employee cannot work on that day and         receive pay and may not claim birthday and holiday pay on the same day.

That Section Six, 6.2 D shall be amended to state that an employee eligible for four weeks vacation may elect to receive payment for one week of vacation in lieu of time off each year.  However, payment for said week shall be paid at the end of employee’s anniversary date only and at a rate of 40 hours times the current minimum wage rate.

That Section Six, 6.3 D shall be amended to state that sick time is a benefit to each employee and cannot be transferred to another employee.

That Section Six, 6.4 shall be amended to reflect the updated Family Medical Leave Act of 1993 (FMLA) to comply with Federal Law.

 

PART II Classification Plan  – Job Descriptions

Police department job descriptions have been updated to comply with accreditation requirements.

Full-time positions at the Water Park that are no longer required have been deleted.

 

PART III          Classification to Pay Ranges

Pay Ranges have been updated.

 

APPENDIX C Drug Policy and Ordinance to policy

A drug policy and Ordinance No. 2006-01 have been added to personnel manual.

Enacted this 11th Day of February, 2013.

Roddy Harrison, Mayor

ATTEST: Teresa Black, City Clerk

First Reading: January 14, 2013

Second Reading: February 11, 2013

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 13-002

An Ordinance of the City of Williamsburg, Kentucky

Prohibiting Smoking in All Buildings Open to the Public or Used in Workplaces; Setting Forth Regulations Related Thereto; Providing Certain Exemptions; and Setting Forth Enforcement and Penalties Thereof

WHEREAS, the City Council has researched and reviewed various reports and studies relating to smoking and second-hand smoke and the danger of same to human health; and

WHEREAS, it has been determined and the City Council has determined that smoking and second-hand smoke is dangerous to human health; and

WHEREAS, the City Council desires to protect the public health, welfare, and safety of the citizens and occupants of the City of Williamsburg, Kentucky.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, AS FOLLOWS:

 

 

 

Sec. 1.0        

PROHIBITION

That smoking shall be prohibited in all enclosed areas within all enclosed buildings open to the public and within places of employment, except as hereinafter provided.

 

 

 

Sec. 2.0

DEFINITIONS

All of the words and phrases of this Ordinance are to be given their usual and customary meaning and definition unless otherwise stated; for definitional purposes and clarity, the following definitions are given:

A. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.

B. Enclosed Buildings open to the public means any building open to the public or in which the public is invited or permitted, including but not limited to:

1. Libraries

2. Areas available to and customarily used by the general public in businesses

3. Bars

4. Bingo Facilities

5. Child Care and Adult Care Facilities

6. Convention and/or Tourism Facilities

7. Educational Facilities, both public and private

8. Elevators

9. Gaming Facilities

10. Municipal governmental facilities

11. Healthcare facilities

12. Hotels and Motels

13. Lobbies, Hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities

14. Polling places

15. Pool and Billiard Halls

16. Public transportation facilities, including buses and taxicabs, and ticket boarding, and waiting areas of public transit depots

17. Restaurants

18. Restrooms, lobbies, reception areas, hallways, and other common-use areas

19. Retail Establishments

20. Service lines

21. Shopping malls

22. Arenas and/or sports arenas and related facilities

23. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances

24. Technology centers or facilities

25. Recreational Facilities where children are at play

C. A private residence is not a “public place” unless used as a childcare, adult day care, or healthcare facility;

D. Business means a sole proprietorship, partnership, joint venture, corporation, limited liability company, or other business entity, either for profit or not for profit, including any retail establishment where goods or services are sold; any professional corporation or other entity where legal, medical, dental, engineering, architectural, or other professional services are delivered.

E. Employer means a person, business, partnership, association, corporation, limited liability company, or other business entity, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individuals.

F. Places of Employment means an enclosed area under the control of a public or private employer where employees work or to which employees have access during the course of employment including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A private residence is not a ‘place of employment’ unless it is used as a childcare, adult day care, or healthcare facility.

G. Enclosed means when used in reference to an area or building or portion thereof, means closed in on all sides from floor to ceiling by solid walls, with or without windows and exclusive of doorways.

H. Every Person in Control of an Area means the owner, lessee, operator, licensee or employee, servant or agent of the owner, lessee, operator or licensee of the place of employment.

 

 

 

Sec. 3.0

REASONABLE DISTANCE

Smoking is prohibited within fifteen (15) feet outside the main entrance, exit, or wheelchair ramp; and within a reasonable distance of all other entrances, exits, or wheelchair ramps serving entrance or exit, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas. This section shall not apply to restaurant and bar outdoor seating areas.

 

 

 

Sec 4.0

Where Smoking is Not Regulated:

Smoking is not regulated and the following areas are exempt from the above provisions of this Ordinance:

(A) Private residences, except when used as childcare, adult day care, or health care facility.

(B) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a motel or hotel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this ordinance. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.

(C) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.

(D) Retail tobacco stores, provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.

 

Sec. 5.0        

Notwithstanding any other provisions of this ordinance, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection A of Section Six of this ordinance is posted.

 

Sec. 6.0

POSTING OF SIGNS

(A) The owner, operator, manager, or other person in control of a public place or place of employment shall clearly and conspicuously post “No Smoking” signs or the international ‘No Smoking’ symbol (consisting or a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every public place and place of employment where smoking is prohibited by this Ordinance.

(B) The owner, operator, manager, or other person in control of a public place or place of employment shall conspicuously post at every entrance thereto a sign clearly stating that smoking is prohibited therein.

(C) The owner, operator, manager, or other person in control shall remove all ashtrays from any area where smoking is prohibited by this Ordinance.

 

Sec. 7.0

ENFORCEMENT

The provisions of this ordinance shall be enforced by the Williamsburg City Police and/or Code Enforcement Officer.

 

Sec. 8.0

VIOLATIONS AND PENALTIES

(A) A person commits an offense if he/she is smoking in an area where smoking is prohibited by the provisions of this Ordinance.

(B) It shall be the duty of every person in control of an area where smoking is prohibited by the provisions of this Ordinance to request any person known to be smoking in such area to extinguish the burning tobacco product. Any knowing intentional failure to maintain compliance with such duty shall constitute an offense.

(C) Whenever in this Ordinance an act is prohibited or is made or declared to be unlawful or an offense of misdemeanor, or whenever in this ordinance the doing of any thing or act is required or the failure to do anything or act is prohibited, the violation of the provision shall be and constitute a misdemeanor punishable, upon conviction, by a fine not to exceed $150. Each violation shall constitute and be punishable as a separate offense. Prosecution or conviction under this provision is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in this Ordinance by law.

 

Sec. 9.0

OTHER APPLICABLE LAWS

This ordinance shall not be interpreted or constructed to permit smoking where it is otherwise restricted by other applicable regulations and/or laws.

 

Sec. 10.0      

All employers shall communicate the prohibition of smoking in places of employment enacted by this ordinance to all existing employees within 30 days after the effective date of this Ordinance.

 

Sec 11.0

SEVERABILITY

If any section, sentence, clause, or portion of this Ordinance is for any reason declared illegal, unconstitutional, or otherwise invalid, such declaration shall not affect the remaining portions thereof.

 

This ordinance shall be effective immediately upon publication. Any ordinances or parts of ordinances in conflict herein are hereby repealed.

First Reading: January 14, 2013

Enacted upon Second Reading this 11th  day of February, 2013

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK