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HomeMy WebLinkAbout08/06/96AUGUST 6, 1996 ROLL CALL At a Called Meeting of the Board of Commissioners, held at 10:45 a.m., Tuesday, August 6, 1996, in the Commission Chambers at City Hall, Mayor Pro -tem Grumley presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Renfro and Mayor Pro -tem Grumley (3). Commissioner Hornsby and Mayor Jones were absent (2). NOTICES OF CALLED MEETING Commissioner Coleman offered motion, seconded by Mayor Pro -tem Grumley, that the copies of Notice of Called Meeting of the Board of Commissioners of the City of Paducah for 10:45 a.m., Tuesday, August 6, 1996, be received and filed. Adopted on call of the roll, yeas, Commissioners Coleman, Renfro and Mayor Pro -tem Grumley (3). City Manager Hoover stated that the purpose of the meeting today is to clarify a situation the City is experiencing relative to the City contracting with a city employee who has a side business which he operates on his own time, engaging in city business. The question has arisen as to the legality of this practice, and the City received an advisory from its attorney dated July 24, 1996. The City has been advised that such is permissible, but under very specific circumstances, which are enumerated as follow: The City may contract with a city employee, if the following requirements are met: 1. The specific nature of the contract transaction and the nature of the employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city; 2. The disclosure is made a part of the official record of the governing body of the city before the contract is executed; 3. A finding is made by the governing body of the city or city agency that the contract with the employee is in the best interests of the public and the city because of price, supply, or other specific reasons; and 4. The finding is made a part of the official record of the governing body of the city before the contract is executed. See KRS 61.251(1)(c). City Manager Hoover explained that this is brought to light today because of the circumstances which exist where Kenneth Howle, a member of the Fire Department, also operates a demolition business, which he has operated for years, and has engaged in demolition work, both in the private sector and for local governments. He performs good work and has frequently been the low bidder on projects which the City has submitted for demolition. The City has contracts which Mr. Howle has either been awarded, or on which he has submitted the lowest bid. When this situation was discovered, the City froze all those activities until ascertaining that it has complied with all the stipulations contained in this advisory. The meeting today is to allow a contract with Kenneth Howle, who operates a demolition company on his off -time, and who is the successful bidder on several demolition contracts, to tear down old structures which have been condemned, cannot be rehabili- tated, and which pose a threat to the health and safety of the City's citizens. Mr. Hoover emphasized that the following two actions will be taken today by the City Commission: %I- 110 111 AUGUST 6, 1996 1. Adopt findings and comply with the four above stipulations, all of which relate to disclosure, which are a result of the Ethics legislation passed by the General Assembly in 1994.. 2. Introduction of an ordinance which involve a number of demolition contracts. MOTION TO ACCEPT HOWLE DEMOLITION BIDS Commissioner Renfro offered motion, seconded by Commissioner Coleman, that the bids of Kenneth Howle be accepted as being in the best interest of the City of Paducah by virtue of price., ,/ experience and immediate availability, and that an ordinance accepting these bids and authorizing that a contract be presented for enactment by the City Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Renfro and Mayor Pro -tem Grumley (3). FINDINGS Commissioner Coleman offered motion, seconded by Mayor Pro -tem Grumley, that the Board of Commissioners adopt the following findings: FINDINGS The following properties located in the City of Paducah are in a state of disrepair and beyond rehabilitation, and pose a threat to public health and safety: 1322 Bloomfield 1201 Park Avenue 926 North 7th Street 1329-1335 South 3rd Street 1115 Jackson Street 1301 Langstaff 1306 Rudy Avenue 1333 South 8th Street 714 Jones Street 1909 Guthrie Avenue 919 South 4th Street 1920 Broad Street 1026 Jackson Street 814 Tennessee Street 1645 Martin Luther King Drive 818 South 8th Street 1603 Monroe Street 1232 South 7th Street 729 South 13th Street 520 Madison Street 1243 Harrison Street 418 North 13th Street 905 Park Avenue Adopted on call of the roll, yeas, Commissioners Coleman, Renfro and Mayor Pro -teas; Grumley (3). Fire Marshal Dick McNeil and ChLeE Building Inspector Tom Larrison acknowledged familiarity with the above -listed properties (listed in the above Findings), and confirmed that these properties are in a state of disrepair and cannot be ` rehabilitated, and that said properties need to be demolished because of a threat to public health and safety. City Manager Hoover instructed the City Clerk to make the above findings a part of the official records of the City of Paducah pursuant to KRS 61.251, and that these findings be attached to the bids of Kenneth Howle, as received and filed with the City Clerk. City Manager Hoover reiterated the above four items which are required before the City may contract with a city employee. AUGUST 6, 1996 R & F BIDS Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the following bids for demolition of condemned structures located in the City of Paducah be received and filed: ' 1. Bill Hamby 2. TWB Enterprises 3. Wahl's Excavating 4. Kenneth Howle 5. S & S Construction 6. Sturm Construction 7. Eagle Properties & Co. Construction Inc. Adopted on call of the roll, yeas, Commissioners Coleman, Renfro and Mayor Pro -tem Grumley (3). ORDINANCE - INTRODUCTION ACCEPT HOWLE DEMOLITION BIDS Commissioner Renfro offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BIDS OF KENNETH HOWLE IN AN AMOUNT NOT TO EXCEED $51,880 FOR DEMOLITION OF CONDEMNED STRUCTURES LOCATED IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. RENAMING OF PADUCAH COMMUNITY CENTER City Manager Hoover announced that the City has been making preparations in the neighborhood surrounding the Paducah 1 Community Center which is to be renamed this week the W.C. Young Community Center. There is a vacant lot across the street from the Community Center which was in bad need of attention based on the weeds and debris. A City work force was sent over to try to clean it up, and they reached a point where the debris was too big for the City crew to handle (This was also confirmed by Tom Larrison). Because of the activities scheduled for the Community Center, it was necessary to engage someone to get the debris removed. Tom Larrison reported that this was declared an emergency situation because of the time factor. They placed time restrictions for completion of this job, which is approximately 3:00 this afternoon. At 2:30 p.m. yesterday (August 5) afternoon Mr. Larrison contacted Wahl's Excavating, and he submitted a bid of $1,400 to clean up the dump site. At 3:45 p.m. yesterday, Mr. Larrison contacted Sturm Construction Company, who said he couldn't meet the specified time. At 4:30 p.m. yesterday, Mr. Larrison contacted Bill Hamby, who submitted a bid of $950. At 5:00 p.m., Mr. Larrison awarded the contract to Mr. Hamby to clean up the property by 3:00 p.m., August 6, 1996. DISCLOSURE City Manager Hoover reported that the above disclosure is being made about the work to be performed in the vicinity of the Community Center because Mr. Hamby also does work with Kenneth Howle. Due to time constraints, an emergency was declared and Mr. Hamby was authorized to proceed with this work, which will be completed today. V' V 112 113 AUGUST 6, 1996 ORDINANCE - INTRODUCTION AMEND CABLING CONTRACT (FORPADUCAH POWER BUILDING) City Manager Hoover reported that the City has been advised that the contract with the State of Kentucky to lease the existing Police Department Building is in the Office of the Commissioner of Facility Management awaiting his signature and the signature of the Secretary of Finance, to whom he reports. Buddy Smith is in Frankfort today, and Mr. Hoover has asked him to see if he can get this contract pulled from the stack, get the two required signatures, and bring the contract back to Paducah. When the City receives the contract, procedures can begin to do the necessary things at the Police Department building to relocate the Probation & Parole Office and proceed to move the Police Department to the Paducah Power Building. In order to facilitate the move of the Paducah Police Department, the cabling at the Paducah Power building has to be done. The City also needs to be extending cabling at the same time to its Public Works building. The City has a contract with Wright Businesses in Paducah, who.did the cabling on the City Hall building. This contract has not been completed, and the City Commission is now being requested to approve an ordinance authorizing a contract amendment with Wright Businesses which will enable the City to engage Wright to immediately proceed, upon a directive from the City Manager, to do the cabling on the Paducah Power building, and also to the Public Works building. Wright is the sole vendor in the immediate geographical area who can perform this assignment. They have done the City Hall cabling, and this amendment will be a part of making the Police Building at the Paducah Power site and the Public Works building all a part of the same network. MOTION TO INTRODUCE CABLING CONTRACT AMENDMENT Commissioner Renfro offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH WRIGHT BUSINESSES INC. IN THE AMOUNT OF $39,610 FOR CABLING OF THE PADUCAH POWER BUILDING FOR THE POLICE DEPARTMENT". The foregoing title summarizes the contents of this ordinance. DEMOLITION BIDDING PROCEDURES City Manager Hoover reported that due to the fact that Mr. Howle is a fireman, works in the Fire Department, and is a regular, qualified bidder on these types of projects, and so to avoid any appearance of conflict of interest whatsoever, in the future the bids on these demolitions will be turned in to the City Clerk's Office, where they will be opened and duly recorded at the time designated in the invitation to bid. This procedure will prevent the appearance of any wrongdoing in the bidding procedure. Tom Larrison will assist in this procedure. Future contracts with Mr. Howle will have to be approved by the City Commission before they can be executed. Contracts with other vendors will be handled pursuant to past procedures. ADOPTED: August 13, 1996 Cit Clerk