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Home My WebLink About05/24/05557 MAY 24, 2005 At a Regular Meeting of the Board of Commissioners, held in the Commission Chambers of City Hall at 6:00 p.m., Tuesday, May 24, 2005, Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). Rev. Henderson requested the Board not cut the Human Rights office from the proposed 2005-2006 budget. He told them that the Governor has created a Task Force to study Human Rights Commissions in the state of Kentucky and that he is a member. The Task Force is to submit a report to Frankfort by the first of August and the Governor will make a decision as to how these commissions will be restructured or if it is necessary to make changes. He feels that if the Board decides to cut the Human Rights office out of the budget before the decision of the Governor it could be detrimental to the City. CHAMBER OF COMMERCE AND GPEDC THANK YOU FOR CITY SUPPORT Danny Murphy, representing the Board of Directors of the Chamber of Commerce, Ken Wheeler, Chairman of the Greater Paducah Economic Development Council Board and Kelly Nuckols, Chairman of the Chamber of Commerce, thanked the City for its support of the business community. PUBLIC HEARING FOR EXPENDITURE OF MUNICIPAL FUNDS Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Public Hearing be opened to the public for discussion of expenditures of state funds for road and bridge purposes. Rev. W. G. Harvey requested a pothole in the street in front of his house at 1429 Reid Avenue be fixed. Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Public Hearing be closed at this time. MINUTES Commissioner Coleman offered motion, seconded by Commissioner Guess, that the reading of the Minutes for May 10th and May 16th, 2005, be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). APPOINTMENTS PADUCAH CABLE COMMUNICATIONS AUTHORITY Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Jeff Nelson as a member of the Paducah Cable Communications Authority to replace Paul Wallace who has passed away. This term will expire October 15, 2007." Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Paxton in appointing Jeff Nelson as a member of the Paducah Cable Communications Authority. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). PADUCAH-McCRACKEN COUNTY TELECOMMUNICATIONS & INFORMATION AUTHORITY Mayor Paxton made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby appoint Jeff Nelson as a member of the Paducah - McCracken County Telecommunications & Information Authority to replace Paul Wallace who has passed away. This term will expire August 31, 2008." Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the recommendation of Mayor Paxton in appointing Jeff Nelson as a member of the Paducah -McCracken County Telecommunications & Information Authority. 558 MAY 24, 2005 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MOTIONS R & F DOCUMENTS & BIDS Commissioner Guess offered motion, seconded by Commissioner Coleman, that the following documents and bids be received and filed: DOCUMENTS 1. Certificates of Insurance: (a) Donald Brookshire & Sons (b) Brown's Excavating Inc. (c) Crouch Building Associates Inc. (d) Galloway Plumbing Inc. (e) J. James Properties Inc. 2. Right of Way Bonds: (a) Brown Excavating (b) Crouch Building Associates Inc. (c) William Davis d/b/a Davis -Crete (d) B. H. Green & Sons 3. Contracts/Agreements: (a) Third Party Administrator Services Agreement with EBC of Wisconsin Inc. (2005-4-6956) (b) Commercial Waste Disposal, Inc. Five -Year Contract Extension (2005-4- 6960) (c) Lane Kendig, inc. for Professional Services for the 2025 Comprehensive Plan Update for Paducah and McCracken County, Kentucky (2005-4-6965) (d) B. H. Green & Son, Inc. for reconstruction of the Noble Park Amphitheater (2005-5-6968) (e) Jackson Purchase 2 -Way for Purchase of Zetron Equipment (2005-4-6957) (f) Yeiser Art Center Real Estate Lease (M. 0. 1124) (g) Wastequip Holt for Purchase of Front -Loading Refuse Containers (2005-2- 6950) (h) Farris, McIntosh & Tremper, Inc. Agreement for Professional Services for Replacement of the HVAC System at the Robert Cherry Civic Center executed by the City Manager. (i) Paducah Independent School System for the Summer Food Program (2005- 4-6962) (j) Change Order No. 2 with Swift & Staley Mechanical Contractors for City Hall HVAC Renovations (2005-4-6959) (k) Change Order No. 4 with Wilkins Construction for Paducah Parks Phase I (2005-4-6961) 4. Deeds: (a) QuitClaim Deed between the City of Paducah and The Paducah McCracken County Convention Center Corporation (2005-3-6942) (b) QuitClaim Deed between Robert P. Petter, Sr. and wife, Beatrix Petter and the City of Paducah (M.O. 1114) (c) Deed between Michael Shelton Tapscott and wife, Lisa Tapscott and the City of Paducah for Property Located Along Perkins Creek and Stuart Nelson Park for Development of the Greenway Trail (M. 0. 1132) 5. Forest Hills Village Annual Operating Budget for FY 2005-2006 Beginning June 1, 2005 6. Notice of Cancellation for the Board of Commissioners Regularly Scheduled Meeting of May 17, 2005 7. Notice of Called Meeting of the Smoking Ban Task Force on May 16, 2005 8. Financial Highlights of Paducah Water Works for March, 2005 9. Petition - 776 Signatures Against Ban on Smoking in Restaurants BIDS PUBLIC WORKS REPLACEMENT OF HVAC SYSTEM AT ROBERT CHERRY CIVIC CENTER 1. Chester Mechanical, Inc. 2. Preferred Industries, Inc. 3. Swift & Staley Mechanical 559 MAY 24, 2005 4. Tilford Contractors, Inc. 5. Paducah Sheet Metal, Inc. 6. Triangle Enterprises 7. Paducah Heating & A/C ENGINEERING DEPARTMENT 2005 RESURFACING PROGRAM 1. H & G Construction Company, Inc. 2. Jim Smith Contracting Company, LLC Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). MUNICIPAL ORDERS PERSONNEL CHANGES Commissioner Coleman requested an executive session at the end of the meeting to discuss personnel changes. ORDINANCES — EMERGENCY ACCEPT BID FOR HVAC REPLACEMENT FOR CHERRY CIVIC CENTER Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF PADUCAH HEATING & AIR CONDITIONING FOR INSTALLATION OF A NEW HVAC SYSTEM AT THE ROBERT CHERRY CIVIC CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the proposal of Paducah Heating & Air Conditioning, in the amount of $46,636.00 for installation of a new HVAC unit and electrical panel at the Robert Cherry Civic Center, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6970; BK 30; PG PURCHASE EQUIPMENT FOR HVAC REPLACEMENT FOR CHERRY CIVIC CENTER Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF HVAC UNIT REPLACEMENT FOR THE ROBERT CHERRY CIVIC CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: The Finance Director is hereby authorized to pay to Thermal Equipment Sales, Inc., the total amount of $41,000.00 for the purchase of an Aaon HVAC unit for replacement at the Robert Cherry Civic Center, and the Mayor is hereby authorized to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6971; BK 30; PG ACCEPT BID FOR 2005 STREET RESURFACING PROGRAM Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF H & G CONSTRUCTION CO., INC., FOR THE CITY'S 2005 CALENDAR YEAR STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of H & G Construction Co., Inc., in the amount of $685,065.00 for the 2005 calendar year street resurfacing program and various hourly rates (listed below) for roadway excavation and reconstruction, and authorizing the Mayor to execute a contract for same. ITEM NO DESCRIPTION UNIT HOURLY AMOUNT 1 Grader HR $88.00 2 D-4 Dozer HR $79.00 3 D-7 Dozer HR $96.00 560 MAY 24, 2005 4 Trackhoe HR $96.00 5 Backhoe HR $69.00 6 Backhoe with Breaker HR $94.00 7 Compactor/Roller HR $61.00 8 Dump Truck — Tri -Axle HR $64.00 9 Dump Truck — 2 -Axle HR $61.00 10 Dump Truck — Single -Axle HR $55.00 11 Loader— Broom Tractor HR $68.00 12 Box Blade Tractor HR $68.00 ITEM NO DESCRIPTION UNIT HOURLY AMOUNT 13 Self Propelled Tractor -Scraper or Tractor Towed Scraper (load capacity 8-14 CY) HR $115.00 14 Milling Machine (for spot mill) HR $605.00 15 Paver & Crew w/4 Laborers HR $925.00 16 Small Paver (Lee Boy) w/4 Laborers HR $800.00 17 Tack Truck HR $90.00 18 Track Loader/End Loader HR $85.00 19 Laborer HR $48.00 20 Survey Crew HR $85.00 Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6972; BK 30; PG ORDINANCES — ADOPTION ADOPT THE PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY'S INCREASED SEWER RATES Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ADOPTING A SCHEDULE FOR RATES AND CHARGES FOR WASTEWATER PURSUANT TO KRS CHAPTER 76." This ordinance is be summarized as follows: This ordinance adopts the rate schedule approved by the JSA Board of Directors on May 9, 2005. This schedule, effective July 1, 2005, will ensure that JSA's rates, rentals and charges continues to generate sufficient revenue for the proper operation and maintenance of the existing sewer system and for the retirement of the JSA's outstanding debt. This ordinance provides for non-uniform residential rates for the former sewer districts until July 1, 2009, at which time all residential rates for the former sewer districts will be equalized. Non-uniform residential rates are warranted due to significant differences between the amount of debts and assets contributed by each of the former sewer districts at time of the JSA's formation which make immediately uniform rates inequitable. This ordinance provides JSA with the ability to adjust rates after July 1, 2009 in accordance with the Consumer Price Index -Urban (CPI -U). This ordinance also establishes a schedule of charges for disposal of industrial waste and hauled waste in addition to establishing tap -on fees, capacity fees, and lateral connection fees. This ordinance provides that after July 1, 2009, JSA may adjust the charges for disposal of industrial and hauled waste in accordance with the Consumer Price Index -Urban (CPI -U). The Schedule of Rates and Charges is as follows: SCHEDULE OF RATES AND CHARGES A. WASTEWATER USER CHARGES For customers of the former sewer districts, the rates and charges shall be: From July 1, 2005 through June 30, 2007, the following rates shall apply: City of Paducah $3.30 per 1,000 gallons of water usage with 3,000 gallons minimum 561 MAY 24, 2005 Lone Oak $4.39 per 1,000 gallons of water usage with 3,000 gallons minimum Reidland $5.80 per 1,000 gallons of water usage with 3,000 gallons minimum Woodlawn $4.39 per 1,000 gallons of water usage with 3,000 gallons minimum From July 1, 2007 through June 30, 2009, the following rates shall apply: City of Paducah $3.70 per 1,000 gallons of water usage with 3,000 gallons minimum Lone Oak $4.39 per 1,000 gallons of water usage with 3,000 gallons minimum Reidland $5.20 per 1,000 gallons of water usage with 3,000 gallons minimum Woodlawn $4.39 per 1,000 gallons of water usage with 3,000 gallons minimum From and after July 1, 2009, the following rates shall apply: City of Paducah $4.00 per 1,000 gallons of water usage with 3,000 gallons minimum Lone Oak $4.00 per 1,000 gallons of water usage with 3,000 gallons minimum Reidland $4.00 per 1,000 gallons of water usage with 3,000 gallons minimum Woodlawn $4.00 per 1,000 gallons of water usage with 3,000 gallons minimum After July 1, 2009, the JSA may adjust the listed rates in accordance with the consumer price index for all urban consumers ("CPI -U"). B. INDUSTRIAL SURCHARGE Permits are issued to certain industries that produce wastewater of an unusual content or an abnormally high strength. Industries that qualify, as determined by JSA, will pay a permit fee of $900 every three years. Additional surcharge rates shall apply to each user of the treatment system that has received permission from JSA to contribute excessive strength wastewater to the sewer system. For the treatment of biological oxygen demand ("BOD") waste in a concentration exceeding 300 mg/1, an additional surcharge will be imposed as follows: From July 1, 2005, through June 30, 2007, a surcharge of $0.15 per pound of BOD. From July 1, 2007, through June 30, 2009, a surcharge of $0.17 per pound of BOD. From and after July 1, 2009, a surcharge of $0.20 per pound of BOD. For the treatment of waste containing total suspended solids ("TSS") in a concentration exceeding 350 mg/l, a surcharge will be imposed as follows: From July 1, 2005, through June 30, 2007, a surcharge of $0.16 per pound of TSS. From July 1, 2007, through June 30, 2009, a surcharge of $0.19 per pound of TSS. From and after July 1, 2009, a surcharge of $0.21 per pound of TSS. After July 1, 2009, the JSA may adjust these rates in accordance with the consumer price index for all urban consumers ("CPI -U"). C. HAULED WASTE The JSA shall assess a fee for the treatment and proper disposal of acceptable waste that is generated within McCracken County and hauled to the Paducah Wastewater Treatment Plant. The following rates will apply for the disposal of hauled waste: From July 1, 2005, through June 30, 2007, the charge will be $30.00 per 1,000 gallons of hauled waste. From July 1, 2007, through June 30, 2009, the charge will be $34.00 per 1,000 gallons of hauled waste. From and after July 1, 2009, the charge will be $37.00 per 1,000 gallons of hauled waste. After July 1, 2009, the JSA may adjust these rates in accordance with the consumer price index for all urban consumers ("CPI -U'). JSA shall assess a fee for the treatment and proper disposal of acceptable waste that is generated outside of McCracken County and hauled to the Paducah Wastewater Treatment Plant. The fee for treatment and disposal of acceptable waste generated outside McCracken County shall be exactly double the fee charged for waste generated in McCracken County. 562 MAY 24, 2005 Qualified haulers will also pay an annual fee for a disposal permit in the amount of $300. D. OTHER FEES i. TAP -ON FEE This is a fee assessed to recover the costs of constructing core facilities and appurtenances which make sewer service available. This fee would be due from every new customer that connects to the system. The proposed fee is $1,950 per Equivalent Residential Unit (ERU). ii. CAPACITY FEE This fee is a charge to all new customers connecting to the JSA sanitary sewer system, and represents the purchase of their share of capacity. This fee would be due from every new customer that connects to the system. The proposed fee is $350 per Equivalent Residential Unit (ERU). iii. LATERAL CONNECTION FEE A lateral connection fee is a charge assessed to recover the costs associated with constructing a physical sewer connection for a property from the property line or the right-of-way to the JSA sanitary sewer system. This fee would be due from any new customer requesting such a connection. This fee is $625 minimum per connection, but may vary based on the actual width of the right-of-way. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6973; BK 30; PG AUTHORIZE MAYOR TO EXECUTE AGREEMENT WITH KY TRANSPORTATION CABINET FOR $4.3 MILLION FOR CONSTRUCTION OF PECANBUCKNER LANE IMPROVEMENTS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY, FOR THE CONSTRUCTION OF PECAN DRIVE-BUCKNER LANE ROADWAY PROJECT." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute a contract between the Commonwealth of Kentucky, Department of Highways, and the City of Paducah, Kentucky, for the construction of the Pecan Drive—Buckner Lane Roadway Project. The Department will reimburse the City up to $4,300,000 for completion of this project. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6974; BK 30; PG AUTHORIZE CONTRACT WITH PADUCAH HOUSING AUTHORITY FOR COMMUNITY OFFICER Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE HOUSING AUTHORITY FOR HOUSING COMMUNITY OFFICER." This ordinance is summarized as follows: That the City of Paducah authorizes the Mayor to execute an agreement between the City of Paducah, Kentucky, and the Housing Authority of Paducah formally establishing the position for Housing Community Officer. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). ORD. #2005-5-6975; BK 30; PG ORDINANCES – INTRODUCTION APPROVE ZONE CHANGE FOR 801 & 807 OLD MAYFIELD ROAD Commissioner Guess 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 ZONE CHANGE FOR PROPERTY LOCATED AT 801 AND 807 OLD 563 MAY 24, 2005 MAYFIELD ROAD, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING." This ordinance is summarized as follows: Rezone 801 and 807 Old Mayfield Road from R-3 (Medium Density Residential Zone) to B-1 (Convenience & Service Zone), and amending the Paducah Zoning Ordinance to effect such rezoning. APPROVE CHANGE ORDER NO.4 FOR POLICE DEPT. HVAC RENOVATIONS PROJECT Commissioner Sirk offered motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO.4 WITH CHESTER MECHANICAL, INC., FOR HVAC RENOVATIONS AT THE PADUCAH POLICE DEPARTMENT". This ordinance is summarized as follows: The Mayor is hereby authorized and directed to execute Change Order No. 4 in the amount of ($75,260.00) for the Paducah Police Department HVAC renovations project, decreasing the total contract price to $435,276.00. APPROVE PAYMENT FOR PURCHASE OF EQUIPMENT FOR POLICE DEPARTMENT HVAC RENOVATIONS Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE RATIFYING PAYMENT FOR THE PURCHASE OF EQUIPMENT TO BE UTILIZED FOR THE POLICE DEPARTMENT HVAC RENOVATIONS." This ordinance is summarized as follows: The City of Paducah hereby ratifies payment to Koch Air, LLC, in the amount of $71,000.00, for equipment purchased to be utilized for the Police Department HVAC renovations. PURCHASE PROPERTY FOR GREENWAY TRAIL Commissioner Coleman offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING THE PURCHASE OF TWO STRIPS OF PROPERTIES LOCATED ADJACENT TO AND CONTIGUOUS TO THE NORTHERLY BOUNDARY LINES OF BLUEGRASS DOWNS RACE TRACK FOR THE DEVELOPMENT OF THE GREENWAY TRAIL." This ordinance is summarized as follows: That the City of Paducah, Kentucky, hereby approves the purchase of real properties in the amount of $28,500, from Carol Christine Ullerich, located adjacent to Bluegrass Downs Race Track, situated in Paducah, McCracken County, Kentucky, CITY MANAGER REPORT • Presented the City Manager's FY2006 Recommended Budget to the Commission and explained there are 2 budgets to review: operating budget and investment budget • Calendar Items • Reminded the Commission of the June 1St Budget Advance at the Paducah Police Dept. Training Room PUBLIC COMMENTS Rev. Harvey spoke against the removal of the Human Rights Commission office from the 2005-2006 budget. Stan Beauchamp, Director of Human Rights, gave a brief history of the Human Rights Commission. Former Comm. Richard Abraham has been talking with Department of Highways about decreasing the speed limit between Campbell Street and Boyd Street. Last week a 5 -year old boy was killed in that area. COMMISSIONER COMMENTS Commissioner Coleman gave a brief summary of the Mississippi Roots Delta Caucas conference he attended in Washington. These meetings are held to discuss how to improve the economy and quality of life for this area. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Coleman, that the Board go into closed session for discussion of matters pertaining to the following topics: 564 MAY 24, 2005 • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f) • A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g). Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). OPEN SESSION ` Commissioner Smith offered motion, seconded by Commissioner Sirk, that the Board come back into open session. Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). PERSONNEL CHANGES (Routine Chanes) Commissioner Smith motion, seconded by Commissioner Sirk, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the following list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Coleman, Guess, Sirk, Smith and Mayor Paxton (5). Upon motion the meeting adjourned. ADOPTED: June /'y , 2005