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HomeMy WebLinkAbout03/09/10MARCH 9, 2010 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 9, 2010, at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). PRESENTATION BUSINESS LICENSE REPORT --Bobby Martin, CPA Mr. Martin of Martin, Colson, Hale & Henderson, was hired in 2009 to study the City's business license system of converting from gross receipts to a net profit system. The data _ Mr. Martin used to compile the projected rate was based on the last two license tax years (2008 & 2009). Because the City only started receiving licensees' federal tax returns in 2008 a limited amount of information could be provided to Mr. Martin. After studying the material, he believes "that a tax rate in the range of 2.75% to 3.25% of net income for each entity within the City would be necessary to maintain the current level of revenue received by the City from the business license tax. This rate would be applicable to all entities with net income of more than $5,000 during the reporting period. A minimum fee of $100 would be charged to all entities with net income of $5,000 or less and those reflecting a net loss for the reporting period. If the change is implemented 61% will pay higher license tax and 39% will pay lower license tax." For more information a copy is in the minute file. Mr. John Williams, of Computer Services, Inc., explained how the conversion would apply to his company and the adverse consequences. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the February 23rd, March 2nd, and March 3d2010 meetings be waived and that the minutes of said meetings prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). RESOLUTION ASSISTANCE AGREEMENT FOR KENTUCKY INFRASTRUCTURE AUTHORITY LOAN FOR PADUCAH WATER Mayor Paxton offered motion, seconded by Commissioner Kaler, that a Resolution entitled, "RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY APPROVING AND AUTHORIZING AN ASSISTANCE AGREEMENT DATED AS OF MARCH 1, 2010 BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MOTION R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents and bids be received and filed: DOCUMENTS 1. Certificate of Insurance: a) Central Paving Company (2) b) Paul Duncan Construction C) D & D Construction d) Hannan Supply Company e) M P Lawson Construction 2. Contracts/Agreements: a) Humana Amendment #2 to Group Stop -Loss Policy (2009-12-7642) b) Humana and HumanaDental Plan Management Agreement (2009-12-7641) C) Humana Summary Plan Descriptions for the Elite and Investor Plans (MO # 1503) d) Northrop Grumman Remotec, Inc. for Purchase of a Robot and RAFT and Tow Systems (2010-1-7650) e) M P Lawson Construction Notice of Award for the Pavilion Phase II Project (2010-2-7653) MARCH 9, 2010 f) Escrow Agreement between Atlas Tri-State, City of Paducah, and Paducah Bank for Westwood Hills (2010-2-7655) g) Judgment and Order Confirming Sale of Westwood Hills (2010-2-7655) h) Paducah Housing Services Extension of Real Estate Purchase Option for Property Located on Old North Friendship Road (MO # 1514) 3. Paducah Water Financial Highlights for January 2010 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MUNICIPAL ORDERS ACCEPT RESIGNATION OF CITY MANAGER Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE RESIGNATION OF THE CITY MANAGER OF THE CITY OF PADUCAH, " be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, and Watkins (3). Nays, Commissioner Kaler and Mayor Paxton (2). M.O.#1518; BK 8 PERSONNEL CHANGES Commissioner Watkins offered motion, seconded by Commissioner Kaler, that upon 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). AMEND POSITION AND PAY SCHEDULE TO REFLECT CURRENT POSITIONS WITHIN CITY OF PADUCAH Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING THE POSITION AND PAY SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY AS A RESULT OF AUDITING THE CURRENT STATUS OF ALL POSITIONS," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.0.1519; BK 8 TREE, WEED AND DEBRIS ABATEMENT FUNDS Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $35,000 FROM THE COMMISSION CONTINGENCY ACCOUNT TO THE INSPECTION DEPARTMENT TREE, WEED AND DEBRIS MANAGEMENT ACCOUNT FOR EXPENSES RELATEI) TO THE JANUARY 2009 ICE STORM," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.0.1520; BK 8 2010 NATIONAL ENDOWMENT FOR THE ARTS MICD GRANT APPLICATION Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MATCHING GRANT APPLICATION, AND ALL DOCUMENTS NECESSARY, THROUGH THE NATIONAL ENDOWMENT FOR THE ARTS FOR FUNDS IN THE AMOUNT OF $75,000, FOR A MAYOR'S INSTITUTE ON CITY DESIGN 25 TI ANNIVERSARY INITIATIVE PROGRAM," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.0.1521; BK 8 FIRE DEPARTMENT INTEROPERABILITY GRANT APPRORIATIONS REQEUST FRM MULTI -AGENCY PROJECT FOR COMMUNICATIONS WITH McCRACKEN COUNTY FIRE DEPARTMENTS MARCH 9, 2010 Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION, AND ALL DOCUMENTS RELATING TO SAME, FOR UNITED STATES HOUSE OF REPRESENTATIVES APPROPRIATION FUNDS IN THE AMOUNT OF $147,303,60. FOR A MULTI -AGENCY INTEROPERABLE COMMUNICATIONS PROJECT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.O. 1522; BK 8 ORDINANCES — ADOPTION APPROVE PAVEMENT MARKING CONTRACT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF BREHM STRIPING COMPANY, INC., FOR THE CITY OF PADUCAH'S PAVEMENT MARKING PROGRAM FOR THE REMAINING PORTION OF THE 2010 CALENDAR YEAR AND FOR THE 2011 CALENDAR YEAR ENDING DECEMBER 31, 2011." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Brehm Striping Company, Inc., for the City of Paducah's pavement marking program for the remaining portion of the 2010 calendar year and for the 2011 calendar year ending December 31, 2011, at the unit prices listed below, and authorizes the Mayor to execute a contract for same. ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Paint — 4" Line L.F. $0.20 2 Paint — 12" Stop Lines L.F. $1.50 3 Paint — 24" Stop Lines L.F. $3.00 4 Paint — Straight Arrow Each $40.00 5 Paint - Turn Arrow Each $40.00 6 Paint - Combination Arrow Each $80.00 7 Paint — 8" Crosswalks L.F. $1.00 8 Paint - "School' Each $150.00 9 Paint - RR Crossings Each $300.00 10 Paint — "STOP" Each $150.00 11 Paint — "ONLY" Each $150.00 12 Paint — Handicap Symbol Each $25.00 13 Paint — 4" Parking Lot Lines L.F. $0.25 14 Thermo — 4" Line L.F. $0.75 15 Thermo — 12" Stop Lines L.F. $3.00 16 rhermo — 24" Stop Lines L.F. $6.00 17 Thermo — Straight Arrow Each $75.00 18 Thermo - Turn Arrow Each $75.00 19 Thermo — Combination Arrow Each $150.00 20 hermo — 8" Crosswalks L.F. $1.50 21 Thermo - "School' Each $250.00 22 Thermo - RR Crossings Each $300.00 23 Thermo — "STOP" Each $200.00 24 rhermo — "ONLY" Each $200.00 MARCH 9, 2010 Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-3-7656; BK 32 COMPOST GRINDING OF TREE DEBRIS AND YARD WASTE CONTRACT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF CENTRAL PAVING COMPANY FOR COMPOST GRINDING OF TREE DEBRIS AND YARD WASTE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City accepts the bid of Central Paving Company for compost grinding of tree debris and yard waste in the amount of $524.00 per hour for the remaining portion of the 2010 calendar year and with three optional one-year term renewals, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-3-7657; BK 32 EXTENSION OF GPEDC RIVERPORT WEST LOAN TO 5 YEARS Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A PROMISSORY NOTE EXTENSION AGREEMENT AND ADDENDUM TO REAL ESTATE MORTGAGE AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY AND THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL WITH RESPECT TO A PUBLIC PROJECT GENERALLY KNOWN AS "RIVERPORT WEST;" AND AUTHORIZING THE EXECUTION OF SAME." This ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky (the "City") to approve a Promissory Note Extension Agreement and Addendum to Real Estate Mortgage ("Agreement") by and between the City of Paducah, Kentucky (the "City"), the County of McCracken, Kentucky ("County"), and the Greater Paducah Economic Development Council ("GPEDC"). Pursuant to the Agreement the City and the County agree to extend the maturity date of the indebtednesses due and owing by GPEDC unto the City and County until June 30, 2015, which indebtednesses are evidences by promissory notes dated September 18, 2007 in the original principal amounts of $600,000.00 and promissory notes dated December 19, 2008, and are secured by real estate mortgages. The Ordinance approves the form of the Agreement presented to the Board of Commissioners of the City, with such changes therein as shall not be adverse to the City and may be approved by the Mayor and City Clerk. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). ORD.#2010-3-7658; BK 32 ORDINANCES — INTRODUCTION CHANGE ORDER #1, MISCELLANEOUS ROOF REPAIRS TO 117 AND 129 SOUTH WATER STREET Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH ATLAS ROOFING CONTRACTORS, INC., FOR ROOF REPAIRS TO 117 AND 129 SOUTH WATER STREET." This ordinance is summarized as follows: The Mayor is hereby authorized to execute Change Order No. 1 for an increase in the amount of $4,900.00 with Atlas Roofing Contractors, Inc., to repair decking and cracks in the party wall between the River Discovery Center and Seaman's Church Institute, increasing the total cost to $44,400.00. UPDATES PAVILION RESTROOM UPDATE Mark Thompson, Director of Parks Services gave the following report. Pavilion is ahead of schedule. The concrete floor should be poured a day or so ahead of schedule. He has found a vendor that rent the portable restroom units to the City for the Quilt Show event. The total amount will be under the administrative amount authorized by ordinance. RIVERFRONT DEVELOPMENT PROJECT PHASE I PUBLIC MEETING Rick Murphy, City Engineer, informed the public that an informational meeting was going to be held tomorrow night at City Hall for Phase I of the Riverfront Redevelopment Project. MARCH 9, 2010 EXECUTIVE SESSION Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board go into closed session for discussion of matters pertaining to the following topics: ➢ 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 Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). OPEN SESSION Mayor Paxton offered motion, seconded by Commissioner Kaler, for the Commission to reconvene in open session. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). MUNICIPAL ORDER APPOINT INTERIM CITY MANAGER Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER APPOINTING JONATHAN W. PERKINS TO THE POSITION OF INTERIM CITY MANAGER FOR THE CITY OF PADUCAH," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Kaler, Watkins and Mayor Paxton (5). M.0#1523; BK 8 Upon motion the meeting adjourned. ADOPTED: March 23 , 2010 City Clerk