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Home My WebLink About09/24/96142 SEPTEMBER 24, 1996 ROLL CALL At a Regular Meeting of the Board of Commissioners held in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 24, 1996, Mayor Jones presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones / (5). \ PUBLIC HEARING ON PROPOSED CABLE TV RATE INCREASES BY COMCAST CABLE OF PADUCAH INC. Mayor Jones conducted a public hearing on the proposed cable TV rate increases scheduled to take effect on November 1, 1996, by Comcast Cable of Paducah Inc. The purpose of the hearing was to obtain public consensus on opposition or support of the proposed rate increases. He said the City Commission can deny in whole or in part the 58 cent increase on basic cable only, and that Comcast can appeal this decision. The City Commission does not have the authority to prevent increases on expanded basic cable. Mayor Jones introduced Tom Osborne and Tom Miller of the law firm of Sheffer Hoffman, who are representing the City in its investigation of this rate increase and other related matters. Mayor Jones announced that McCracken County Fiscal Court will hold a public hearing,at 6:30 p.m, October 14, on the proposed county cable rate increases for the county. Mayor Jones asked if anyone present wished to speak in support of the proposed rate increases at this time. Ed Mount, General Manager of Comcast Cable of Paducah Inc., read a brief statement concerning Comcast's proposed rate increases W scheduled to take effect November 1, 1996, and gave a history on past rate increases. Mayor Jones asked Mr. Mount pertinent questions concerning cable TV rates, proposed increases, number of customers affected by these increases, etc. Commissioner Coleman asked Mr. Mount about the necessity of and the need for the proposed increases. Mr. Mount said -the proposed increases are based on external costs only and not on operating costs. Tom Osborne addressed the Commission, opposing the proposed rate increases and discussed discrepancies in the method in which Comcast has calculated past and future rate increases. He said Comcast used the inflation factor of 2.61% instead of the FCC approved rate of 2.2% when calculating the proposed increases. Mr. Osborne told the Commission they are further reviewing the case and will present a written report on their findings at the next City Commission Meeting on October 8, 1996. Mr. Osborne also reported that their preliminary conclusion is that other instances of increases by Comcast revealed other discrepancies, which would have an impact on present rates. This information will also be included in their written report. He advised the City Commission it would be premature for them to act before they receive the above-mentioned written report on October 8th. Tom Miller also addressed Comcast's method of calculating rates, in which they used a 10 -month period instead of 12 months, as recommended by the FCC. Those in attendance who spoke in opposition to rate increases: 1. Ray McLennan 2. Charles Hill AFTER A TEN -MINUTES RECESS THE CITY COMMISSION RECONVENED AND HELD ITS REGULAR MEETING. 143 -�- SEPTEMBER 24, 1996 MINUTES Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the reading of the minutes for September 10, 1996, be waived and that the minutes of said meeting as prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). APPOINTMENTS PADUCAH-McCRACKEN COUNTY TELECOMMUNICATION & INFORMATION AUTHORITY"`,, Mayor Jones made the following appointments: "WHEREAS, subject ; to the approval of the Board of Commissioners, I hereby make the following appointments to the Paducah -McCracken Telecommunication & Information Authority: Ray McLennan, whose term is from August 26, 1996, to August 31, 1997; Zana Renfro, who shall serve during her term as City Commissioner; and J WHEREAS PP subject to the approval of the Board of Commissioners, and jointly with the McCracken County Judge/ - Executive, I hereby appoint R. Lee Hagan as a member of said Authority, whose term is from August 26, 1996, to August 31, 1999." Commissioner Hornsby offered motion, seconded by Commissioner Coleman, that the Board of Commissioners approve the action of Mayor Jones in appointing Ray McLennan, Zana Renfro and R. Lee Hagan as members of the Paducah -McCracken County Telecommuni- cation & Information Authority. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby and Mayor Jones (4). Commissioner Renfro abstained (1). R & F DOCUMENTS Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the following documents be received and filed: 1. Certificate of Insurance, Performance Bond & Payment Bond for Central Paving Co. of Paducah Inc. Certificate of Insurance, Performance Bond & Labor & Material Payment Bond for Jim Smith Contracting Co. /2. Contract with Jim Smith Contracting Co. for 1996 Street .Resurfacing Program /3. Agreement with Florence & Hutcheson for Noble Park CSO Abatement -Phase I ✓4. Contract Renewal with Duke & Long for fuel for FY 1996/97 ✓5. Contract with Environmental wood Recycling for Tree and Brush Grinding services at Compost Site J6. Engineering Service Agreement with Florence & Hutcheson for Aeration System Upgrade 7. Documents for Sale & Purchase of Property located on South Second Street: a) Default Judgment'between Petter & Unknown Spouses & Heirs b) Offer to Purchase by William Clark Market House Museum, 200 S.' -2nd Street C) Contract for Deed - 200 S. 2nd Street, between Robert & Karen Petter•Jr. &-Frederika Petter & City SEPTEMBER 24, 1996 d) Deed - 200 S. 2nd Street between Robert & Karen Petter Jr. & Frederika Petter & City e) Contract for Deed between City & Louis Kirchoff & Max Bastani f) Agreement between City & Peoples First National Bank & Trust Co. for loan to Louis Kirchoff & Max Bastani for development of Second Street Property g) Agreement between City & Peoples First National Bank & Trust Co. for loan to Max & Judy Bastani for development of Second Street Property h) Deed of Conveyance between Petter & City /8. Letter of Engagement from Allen & Company for FY 1995-96 ✓ Comprehensive Annual Financial Report Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). R & F BIDS Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that that Board of Commissioners receive and file the following bids for the Department of Public Works/Solid Waste Division: For 500,000 Leaf Bags: 1. Petter Supply V/2. Paper Supply Inc. 3. K -T Distributors Inc. 4. Dyna -Pak Corp. 5. Paducah Woodenware {,--- 6. Vasco Inc. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORDINANCE - EMERGENCY PURCHASE LEAF BAGS ($56,700) Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF VASCO, INC. FOR LEAF BAGS IN THE AMOUNT OF $56,700, FOR USE IN THE CITY OF PADUCAH'S YARD WASTE COLLECTION PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Vasco Inc. in the amount of $56,700 for sale to the City of 500,000 leaf bags for use in the City's yard waste collection program, and authorizing the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD. NO. 96-9-5569, BOOK 26, P.,7/!y R & F PETITION Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the attached petition concerning the opposition V changing Jefferson Street to 2 -way traffic.be received and filed. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). MUNICIPAL ORDER BRUSH GRINDING AT COMPOST SITE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that a Municipal Order entitled, "A MUNICIPAL ORDER DIRECTING THE FINANCE DIRECTOR TO PAY THE SUM OF $16,978 TO ENVIRONMENTAL WOOD RECYCLING FOR BRUSH GRINDING AT THE CITY'S COMPOST SITE", be adopted. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). M.O. NO. 740, BOOK 3, P.� �S . 144 145 SEPTEMBER 24, 1996 ORDINANCES - ADOPTION ANNEX WEST PARK VILLAGE, PHASE III (LOT #49, BELLVIEW SUBDIVISION) Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS". This ordinance is " summarized as follows: Annexing territory into the City of Paducah known as Lot #49 of Bellview Subdivision (West Park Village, Phase III. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO. 96-9-5570, BOOK 26, P.-115 . ORDINANCE - EMERGENCY COMMUNITY RIVERS & STREAMS MATCHING GRANT W/COUNTY Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce and adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE J MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE DEPARTMENT OF LOCAL GOVERNMENT TO OBTAIN A COMMUNITY RIVERS AND STREAMS_MATCHING GRANT IN THE AMOUNT OF $5,000, FOR THE DEVELOPMENT OF A PADUCAH/MCCRACKEN COUNTY MULTI -JURISDICTIONAL MANAGEMENT AND DEVELOPMENT PLAN". The foregoing title summarizes the contents of this ordinance. The City of Paducah will provide in-kind matching funds in the amount of $6,432 for this project. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO. 96-9-5571, BOOK 26, P. 7/7 - ORDINANCES - ADOPTION PURCHASE SCREEN MACHINE FOR COMPOST SITE Commissioner Grumley offered motion, seconded by Commissioner JColeman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING.THE BID OF THE READ CORPORATION IN THE AMOUNT OF'$62,564 FOR SALE TO THE CITY OF A CV -40 SCREEN MACHINE FOR USE AT THE COMPOST SITE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". The foregoing title summarizes the contents of this ordinance. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO. 96-9-5572, BOOK 26, P. AMENDED ENGINEERING SERVICES CONTRACT FOR STUART NELSON PARK Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED CONTRACT IN THE AMOUNT OF $29,067 WITH CIVIL DESIGN GROUP INC..FOR PROFESSIONAL ENGINEERING SERVICES FOR STUART NELSON PARK ROAD IMPROVEMENTS". This ordinance is summarized as follows: Increasing the original contract amount with Civil Design Group Inc. from $23,422 to $29,067 for Stuart Nelson Park Road improvements. ORD.NO. 96-9-5573, BOOK 26, P. '712 . AMEND NONCIVIL SERVICE ORDINANCE Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SALARIES OF NONCIVIL SERVICE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is Jsummarized as follows: Transferring the position of Grounds Resource Specialist from Parks to Engineering Department and removing Human Rights Commission personnel from ordinance. Adopted -on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones -(5). ORD.NO. 96-9-5574, BOOK. 26, P. J�„0. 146 SEPTEMBER 24, 1996 AMEND CIVIL SERVICE ORDINANCE Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SALARIES OF CIVIL SERVICE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY". This ordinance is summarized as follows: Abolishing the position of Revenue Coordinator in the Department of Finance. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO 96-9-5575, BOOK 26, P.ZA!k. $2,000 MATCHING GRANT FOR HORTICULTURE EDUCATION PROGRAM Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY, TO OBTAIN A MATCHING GRANT IN THE AMOUNT OF $2,000, FOR THE DEVELOPMENT OF A HORTICULTURE EDUCATION PROGRAM". This ordinance is summarized as follows: Authorizing and directing the Mayor to execute a Grant Agreement and all documents relating thereto with the Division of Forestry to obtain a matching grant in the amount of $2,000 for the development of a horticulture education program. The city will provide matching funds in the amount of $1,350.00. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO. 96-9-5576, BOOK 26, P. a �. ACCEPT HOWLE BID FOR DEMOLITION OF 2410 BEIDERMAN ST. ($2,100) Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF KENNETH HOWLE IN THE AMOUNT OF $2,100 FOR DEMOLITION OF A CONDEMNED STRUCTURE ✓ LOCATED AT 2410 BEIDERMAN STREET IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Kenneth Howle in the amount of $2,100 for demolition of a condemned structure located at 2410 Beiderman Street in the City of Paducah. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). ORD.NO. 96-9-5577, BOOK 26, P.2;;ka. ORDINANCES - INTRODUCTION CLOSE PORTION OF MARGARET COURT Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF MARGARET COURT". This ordinance is summarized as follows: Closing a portion of Margaret Court in the Jonquilawn Subdivision adjacent to Block I, Lot 11 and Block F, Lot'1; and authorizing, empowering and directing the Mayor to execute a quitclaim deed to each of the property owners in or abutting the public way to be closed. APPROVE MILNER ORR SUBDIVISION ON ALBEN BARKLEY DRIVE Commissioner Coleman offered motion, seconded by Commissioner Grumley, 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 MILNER ORR SUBDIVISION LOCATED ON ALBEN BARKLEY DRIVE, ACCEPTING THE DEDICATION OF RIGHT-OF-WAY AND PUBLIC EASEMENTS, AND SETTING BOND AMOUNT". This ordinance is summarized as follows: Approving the final report of the Paducah Planning Commission respecting the proposed subdivision of property of Milner Orr Subdivision located on Alben Barkley Drive, accepting the dedication of right-of-way and public easements, and setting bond in the amount of $69,412.00. APPROVE LEASE W/SEAMEN'S CHURCH INSTITUTE Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO 147 SEPTEMBER 24, 1996 EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND SEAMEN'S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY, FOR LEASE BY .I SEAMEN'S OF VARIOUS BUILDINGS LOCATED AT 117 SOUTH FIRST STREET IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY". The foregoing title summarizes the contents of this ordinance. Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE ELECTRIC PLANT BOARD OF THE CITY OF PADUCAH, D/B/A PADUCAH POWER SYSTEM, AND THE CITY OF PADUCAH, FOR INSTALLATION OF FIBER OPTIC CABLE BETWEEN THE ALLIE MORGAN COMMUNICATION CENTER AND THE POLICE HEADQUARTER BUILDING AT 1400 BROADWAY, IN AN AMOUNT NOT TO EXCEED $17,500". This ordinance is summarized as follows: Authorizing the Mayor to execute an Agreement between the Electric Plant Board of the City of Paducah, d/b/a Paducah Power System, and the City of Paducah, for installation of fiber optic cable between the Allie Morgan Communication Center and the Police Headquarter Building at 1400 Broadway. The City agrees to reimburse Paducah Power System for one-half the costs and expenses incurred for purchase and installation of this cable in an amount not to exceed $17,500. DEMOLITION OF 1710 MONROE STREET: ACCEPT FINDINGS Commissioner Renfro offered motion, seconded by Commissioner Hornsby, that the Board of Commissioners receive the following disclosures, adopt the following findings, and make said disclosures and findings a part of the official public records of the City of Paducah: 1. The following property located in the City of Paducah is in a state of disrepair, is beyond rehabilitation, and poses a threat to public health and safety: 1720 Monroe Street, after soliciting for bids for the demolition of the above property. 2. In the interest of public health and safety the City desires that the above referenced property be razed as soon as possible. 3. The bid of Kenneth Howle, a city employee who will receive a direct pecuniary benefit from an agreement to raze the above -referenced structure for and on behalf of the city, is in the best interest of the City by virtue of price, experience and immediate availability. 4. During performance of the agreement contemplated herein, Howle shall be acting as an independent contractor of the City and performing said services in an off-duty capacity. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). MOTION TO ACCEPT HOWLE BID: Commissioner Coleman offered motion, seconded by Commissioner Grumley, that the bid (as received and filed on August 6, 1996), of Kenneth Howle, a city employee acting as an findependent contractor in an off-duty capacity, 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 this bid and authorizing that a contract be presented for enactment by the City Commission. Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). SEPTEMBER 24, 1996 ORDINANCE ACCEPTING HOWLE DEMOLITION BID Commissioner Grumley offered motion, seconded by Commissioner Coleman, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF KENNETH HOWLE IN THE AMOUNT OF $2,600 FOR DEMOLITION OF CONDEMNED STRUCTURES LOCATED AT 1720 MONROE STREET IN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Kenneth Howle in the amount of $2,600 for demolition of condemned structures located at 1720 Monroe Street and authorizing the Mayor to execute a contract for same. EXECUTIVE SESSION Commissioner Hornsby offered motion, seconded by Commissioner Renfro, that the Board go into closed session for discussion of matters pertaining to the following topics: 1. Proposed or pending litigation, as permitted by KRS 61.810(1)(c) 2. Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f). Adopted on call of the roll, yeas, Commissioners Coleman, Grumley, Hornsby, Renfro and Mayor Jones (5). At the conclusion of the executive session the Board reconvened in open session, whereupon the Mayor announced there was no further business. Upon motion the meeting adjourned. ADOPTED: OCTOBER 8, 1996 ML7%=t®s _ sap 148