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Minutes 2012-10-161 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, OCTOBER 16, 2012 6:06 P.M. The Prattville City Council met in regular session on Tuesday, October 16, 2012 at 6:06 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Council President Renegar gave the invocation. Roll was called and all Councilors were recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS OBEDIENCE: Quickly and cheerfully carrying out the direction of those who are responsible for me. APPROVAL OF MINUTES: Public Hearing and City Council Meeting October 2, 2012. Council President Pro Tempore Fank made a motion to approve the minutes and Councilor Brown seconded the motion. The minutes were approved (7-0). Council President Renegar recognized Scout Troop 600, sponsored by the Church of the Latter Day Saints on Cobbs Ford Road. Council President Renegar also recognized State Representative Paul Beckman and Autauga School Board Member Jeffrey Keith. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHTS AGENDA: None MAYOR’S REPORT: Mayor Gillespie requested a point of personal privilege to recognize outgoing Council President Pro Tempore Fank, Councilor Miller, and Council President Renegar. Mayor Gillespie read a Commendation honoring each Councilor, and presented Council President Renegar, Council President Pro Tempore Fank and Councilor Miller with a plaque from the Mayor’s office and a plaque from the Fire Department. Mayor Gillespie noted that he has vetoed the Ordinance adopted at the last City Council meeting extending the one percent sales tax. The city clerk will bring a report later in the meeting regarding this veto. Mayor Gillespie expressed his gratitude to the each member of the Council for their service and tough decisions. The members did not always agree, but they have come to understand each other. Each member has tried to do what he or she felt was right for the City. REPORT ON STATUS OF CITY FINANCES: Interim Finance Director Doug Moseley reported preliminary unaudited year-end numbers through September, 2012. The Revenue Report shows that the lodging tax, rental tax and tobacco tax continued to run below budget for the year. The Holiday Inn Express is now open, which will increase lodging taxes. With year-end adjustments yet to be made, the city is 91% through the budget year and has collected 97.65% of budgeted revenue. Year-to-date, revenue is up 13.96% over last year. 2 The Tax Breakdown Comparison shows the actual and organic differences for tax collected during this fiscal year compared to last year. The September Unaudited Expenses by Department report does not include payroll accruals. Most departments were on track with the budget. At year-end, without accruals posted, the city spent 94% of budgeted expenses. The City should come in well below budget for the year. The Wastewater and Sanitation Enterprise Fund Income Statements show both departments in the black. The Wastewater Enterprise Fund has a healthy reserve. The Wastewater Department should be able to begin much needed capital projects and the Sanitation Department should be able to purchase much needed equipment in FY2013. The next debt service payment is due in November. The debt reserve account has a balance of $2,567,000. With the deposit of the $500,000 debt service transfer in October, the city is on track to pay the debt service payment without a bridge loan payment. Councilor Boles requested a final year-end financial report be provided to the council when the final salary accruals are posted. Councilor Wood asked Mr. Moseley if there will be any excess funds in the debt reserve account when the debt service payment is made in November. Mr. Moseley responded there will not be excess funds in the account when the debt service payment is made. Councilor Wood noted that with the additional sales tax, the City is running neck and neck to make the debt service payments. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Councilor Miller expressed his appreciation for the recognition with the plaques and commendation. He noted that serving on the council has been a humbling experience and a privilege. Councilor Miller thanked the citizens of District 4 for allowing him 12 years of service and noted that this was the right time to for him to depart in order to focus his energy in other areas. Councilor Miller expressed his love for this city and its character and family values. He expressed his gratitude to the city employees for the time and energy they dedicate to serve the city. Regarding the sales tax, economic incentives, and bond issues, Councilor Miller noted that each councilor brings a different view. Councilor Miller added that the city will be in good hands in the next Quadrennium with the existing council members and the three new councilors coming onboard. He encouraged members to keep their focus on issues, not on people. He further encouraged councilors to put themselves in the other person’s shoes. Councilor Miller expressed his admiration of Council President Renegar and Council President Pro Tempore Fank, thanking them for their service and noting that they have helped him to grow. Council President Renegar expressed thankfulness for prayers and expressions of kindness during his wife’s recent illness. CONSENT AGENDA 3 1. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance and Ordering Their Abatement per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, Page 125 2. RESOLUTION: To Appoint Kate M. Chieves to the Historic Preservation Commission. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 126 3. RESOLUTION: To Appoint Denise B. Brown to the Airport Authority. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 127 4. RESOLUTION: To Scrap Various City Vehicles from the Motor Vehicles Department. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 128 Council President Pro Tempore Fank made a motion to adopt the Consent Agenda and Councilor Striplin seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, WOOD, RENEGAR, MILLER, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : BROWN 1 ABSENT : NONE AGENDA 1. RESOLUTION: To Honor Mr. Willis Bradford. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, Page 129 Councilor Striplin made a motion to adopt the Resolution and Councilor Miller seconded the motion. Councilor Boles expressed his appreciation for the YMCA and Willis Bradford. The Mayor stated that the YMCA has had a positive impact on the citizens of Prattville. Council President Renegar stated that Mr. Bradford had been a mentor of his for over three decades and thanked him for all he has done. Councilor Boles requested that a roll call vote be taken. There being no, further discussion the roll was called and the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 4 Mr. Bradford thanked the Mayor and Council for their kind words. Mr. Bradford also thanked Board of Directors, the YMCA staff and the United Way. 2. RESOLUTION: To Authorize the Disposal of City of Prattville Personal Property. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, Page 130 Councilor Wood made a motion to adopt the Resolution and Councilor Boles seconded the motion. Councilor Miller asked if the Police Department planned to replace Louie. Police Chief Tim Huggins responded that the Police Department is looking at future prospects, but a replacement is not included in the current budget. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 3. ORDINANCE: To Surplus One (1) 1990 Astro Van from the Leisure Services Department. (Sponsored By: Council President Pro Tempore Fank) ORDINANCE BOOK 2012, Page 025 Councilor Boles made a motion to adopt the Ordinance and Councilor Brown seconded the motion. By point of order, it is necessary for the council rules to be suspended if immediate action is to be considered. Councilor Miller made a motion to suspend the rules and Council President Pro Tempore Fank seconded the motion. The rules were suspended (7-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 4. ORDINANCE: To Surplus One (1) 1995 Ramar Loader Trailer and One (1) 2001 Ramar Loader Trailer from the Sanitation Department. (Sponsored By: Council President Pro Tempore Fank) ORDINANCE BOOK 2012, Page 026 Councilor Miller made a motion to adopt the Ordinance and Council President Pro Tempore Fank seconded the motion. By point of order, it is necessary for the council rules to be suspended if immediate action is to be considered. Councilor Boles made a motion to suspend the rules and Councilor Brown seconded the motion. The rules were suspended (7-0). There being no discussion, the Ordinance was adopted with the following results: 5 AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 5. RESOLUTION: To Authorize the Release of Funds in an Amount not to Exceed $6,783.00 for a New Air Conditioning Unit for the City of Prattville Wastewater Department. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, Page 131 Councilor Brown made a motion to adopt the Resolution and Councilor Striplin seconded the motion. Councilor Boles asked if the funds are available to purchase the air conditioning unit and Finance Director Doug Moseley responded yes. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 6. RESOLUTION: To Authorize the Release of Funds in an Amount not to Exceed $14,531.00 for One (1) Bobcat 3400XL Diesel 4x4 Crew Cab UTV for the City of Prattville Wastewater Department. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, Page 132 Councilor Striplin made a motion to adopt the Resolution and Councilor Wood seconded the motion. Council President Pro Tempore Fank asked if an attempt was made to purchase this equipment from local Prattville vendors. The Mayor responded that the department did their due diligence and checked with local suppliers. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE At 7:03 p.m., Councilor Wood left the Council Chambers. 7. RESOLUTION: To Authorize the Release of Funds in an Amount not to Exceed $12,560.00 for One (1) Z-Master 7000 25hp 72” Toro Lawn Mower for the City of Prattville Wastewater Department. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, Page 133 6 Councilor Miller made a motion to adopt the Resolution and Councilor Boles seconded the motion. Councilor Boles asked if the funds are available to purchase the mower and Finance Director Doug Moseley responded yes. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, BROWN, RENEGAR, MILLER, BOLES, 6 FANK NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : WOOD 8. RESOLUTION: To Authorize the Mayor to Sign a Memorandum of Agreement Between the Autauga County Commission and the City of Prattville in Connection With a 2011 Alabama Department of Environmental Management (ADEM) Recycling Grant. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, Page 134 Councilor Brown made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. There being no discussion the Resolution was adopted with the following results: AYES : STRIPLIN, BROWN, RENEGAR, MILLER, BOLES, 6 FANK NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : WOOD At 7:06 p.m., Councilor Wood returned to the Council Chambers. 9. RESOLUTION: To Authorize the Mayor to Sign a “Certificate of Mayor of the City of Prattville, Alabama” for Prattville Christian Academy, Inc. as Required by Section 147 of the Internal Revenue Code. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, Page 135 Councilor Wood made a motion to adopt the Resolution and Councilor Brown seconded the motion. There being no discussion the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 7 At, 7:08 p.m., Councilor Striplin requested a five-minute recess. At 7:13 p.m., the Council reconvened. 10. RESOLUTION: To Express the Intent of the City Council to Request State Legislation Enabling Municipal Authority of Draft Beer Sales within the Corporate City Limits of the City of Prattville. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 136 Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilor Brown seconded the motion. Councilor Boles would like to speak with Senator Taylor before taking action on this Resolution. Councilor Boles made a motion to hold the Resolution. The motion to hold the Resolution failed for lack of a second. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER 6 FANK NAYS : BOLES 1 ABSTAINED : NONE 0 ABSENT : NONE Council President Renegar asked for a report from the city clerk regarding the vetoed Ordinance. City Clerk Cathy Dickerson reported that on October 2, 2012, the City Council adopted Ordinance Book 2012, Page 024, regarding the extension of the sales tax. On October 12, 2012, Mayor Gillespie vetoed this Ordinance. Each councilor was provided a copy of the vetoed ordinance, along with a copy of the Mayor’s written statement (attached) outlining his reasons for vetoing the Ordinance. Councilor Striplin made a motion to reintroduce the Ordinance and override the Mayor’s veto. Councilor Wood seconded the motion. Council President Pro Tempore Fank explained that he was not at last meeting due to business conflict. Council President Pro Tempore Fank struggled with this vote tremendously, but after speaking with the Mayor and several councilmembers has determined that this tax is needed. The City and the City staff needs to move forward. 456 council meetings will be held over the next 19 years at which the council can revisit the Ordinance. Council President Pro Tempore Fank announced that he was prepared to vote. Boles commented that the focus should not be on the end date of this tax 9/30/2031, but on the language “or as such time as existing long-term bond debt is paid off.” Councilor Miller stated that he voted against the Ordinance once before and will vote against overriding the mayor’s veto. Councilor Miller was prepared to bring an ordinance from the floor to extend sales tax ending date to 9/30/2017 and to limit to paying debt only and not have the language about building a reserve. Councilor feels that this is too long of duration. Councilor Miller did state that he understood the logic and rationale behind this Ordinance Councilor Striplin recognizes the concern “reserve.” Paying off bond debt is not like paying off an auto loan or mortgage. This council experienced this first hand at the end of 2010 and 8 beginning of 2011 when efforts were made to refinance the existing bond debt and discovered that the debt could not be paid off and refinanced. There is a method that would allow the debt to be paid off by accumulating funds in reserve account with assistance of a broker. This method is referred to as “called and pre-refunded”. The vetoed ordinance includes the wording to accommodate this process. Council President Renegar clarified that an “aye” vote would be to override the Mayor’s veto and a “nay” vote would be to support the Mayor’s veto. With there being no further discussion, the Mayor’s veto of Ordinance Book 2012, Page 024 was overridden with the following results: AYES : STRIPLIN, WOOD, BROWN, BOLES, FANK 5 NAYS : RENEGAR, MILLER 2 ABSTAINED : NONE 0 ABSENT : NONE COMMENTS FROM PERSONS PRESENT: Jon Da’Voe, 510 Vindale, asked that along with draft beer, the Council request a change in the law to allow the sale of adult beverages on Sunday. In honor of World Aid/HIV day, a walk will be held at noon on Saturday, December 1st. CLOSING COMMENTS: Mayor Gillespie thanked City employees and department heads for their hard work. The Mayor thanked the three outgoing Councilors for their service. Councilor Striplin expressed appreciation to Council President Renegar, Council President Pro Tempore Fank, and Councilor Miller for their friendship and guidance. He wished God’s blessing on them and their families. Councilor Wood announced that College Heights would be meeting on Thursday, October 18, at 5:00 p.m. at Pilgrim’s Rest Missionary Baptist Church. Councilor Wood encouraged the support of the Boys and Girls Club, located at 869 Jensen Rd. Councilor Wood thanked City employees for the job they do every day. He thanked the outgoing councilmembers for their friendship and their service and dedication to their constituents and to this City. He wished peace to be with each of them. Councilor Brown thanked the three outgoing councilmembers for their friendship, their assistance, and for being a mentor to her. Councilor Boles thanked the three outgoing councilmembers for their friendship and for being a mentor to him. He thanked them for taking the high road and for the time and service they dedicated to this city. He asked God’s blessings on all their endeavors. 9 Council President Pro Tempore Fank noted he is thankful for eight wonderful years, adding that he has grown in ways he never expected. He thanked his constituents for the honor and privilege to serve. He expressed appreciation to the employees. He thanked his parents and his children. Council President Renegar expressed appreciation for sixteen years to serve the city. He wished his successor, Clyde Chambliss, Jr., the best in his upcoming term. He thanked Bill Sisk and Jack Schofield for their friendship. Council President Renegar noted he is proud every day of the city employees. He ended with a quote from Bob Hope – “thanks for the memories and good night.” ADJOURN: There being no further business to come before the council, Council President Pro Tempore Fank made a motion to adjourn and Councilor Miller seconded the motion. The meeting adjourned (7-0) at 7:38 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Willie L. Wood, Jr., President Prattville City Council