Minutes 2012-10-02
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PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, OCTOBER 2, 2012
6:22 P.M.
The Prattville City Council met in regular session on Tuesday, October 2, 2012 at 6:22
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
Council President Pro Tempore Fank was recorded as being absent.
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: City Council Meeting September 18, 2012.
Councilor Miller made a motion to approve the minutes and Councilor Boles seconded
the motion. The minutes were approved (6-0).
Council President Renegar announced that he had been advised by the City Attorney
that the Council would need to enter into executive session at the end of the agenda. The
Council will allow comments from persons present regarding tonight’s agenda or any
item of business at this time.
COMMENTS FROM PERSONS PRESENT:
Richard Minnigh, 105 Asbury Drive, expressed his concern regarding Item #3 and
extending the 1% sales tax increase to 2031. Mr. Minnigh asked that the Council have a
definite end date of the 1% increase if they decide continue with it. He added that this
decision should be left up to the new Council.
Carl Hawthorne, 704 Emerald Drive, supported the idea of extending the 1% sales tax
increase in Item #3 until 2031.
MAYOR’S REPORT:
Walk to School day will be October 3, 2012 at 7:45 am and starts at the Primary School.
The City of Prattville will be teaming up with Robert Trent Jones Director Mike Beverly
and Nickelodeon for the World Wide Day of Play. This event will be held on October 6,
2012 at Robert Trent Jones Golf Course where children ages 1-4 will be able to golf.
October is Breast Cancer Awareness month. Think Pink will be held on Friday, October
12, 2012. The Fountain at Heritage Park will be dyed pink and Prattville Fire Fighters
will be selling breast cancer awareness T-shirts for $12.00.
October is also Domestic Violence Awareness month. Domestic Violence Coordinator
Debby Yarborough received the Justice for Victims Reward from the Sunshine Center.
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Mrs. Yarborough has a made a difference in the lives of several people in this
community. Mayor Gillespie congratulated Mrs. Yarborough.
Mayor Gillespie asked, regarding Item # 3, that the 1% sales tax increase be extended to
2013 to allow the next council to vote on this issue.
Mayor Gillespie expressed his appreciation to the Council President Renegar, Council
President Pro Tempore Fank and Councilor Miller for their service to the City of
Prattville.
The Mayor urged the Council to move forward on Item # 13.
Councilor Wood stated that he understood why some may want the next council to vote
on the 1% sales tax increase but added that any Councilor could bring this issue up at
any time for discussion. If the 1% sales tax increase were gone it would be detrimental to
the City.
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
Councilor Striplin reported that the Wastewater Committee had met since the last
Council meeting. There has been a successful completion of work done at Robert Trent
Jones. The Committee is discussing the possibility of reactivating pump station #1 to
help move approximately one million gallons of wastewater from the Pine Creek system
to the Autauga Creek system. The current ultra-violet light system that kills bacteria is
not working. The cost to replace the system is in the $200,000.00 range and could take
six months to one year to accomplish. Item # 16 would provide an interim solution so
that bacteria are not discharged into the River.
Councilor Wood asked that the Council move forward on Items # 1 and 2.
Councilor President Renegar explained that Council President Pro Tempore Fank was
unable to attend tonight’s meeting due to a business obligation.
AGENDA
1. RESOLUTION: To Grant a Restaurant Retail Liquor License for Cesar Campos
Reyes of El Patron Mexican Grill of Prattville, LLC d/b/a El Patron Mexican Grill.
(Sponsored By: Councilor Wood)
RESOLUTION BOOK 2012, Page 108
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 6
NAYS : NONE 0
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ABSTAINED : NONE 0
ABSENT : FANK
2. RESOLUTION: To Grant a Retail Beer (On or Off Premise) License and Retail Table
Wine (On or Off Premise) License for Cindy Stephens of Cindy Enterprises, LLC
d/b/a Pasta Pizzeria and Grill. (Sponsored By: Councilor Wood)
RESOLUTION BOOK 2012, Page 109
Councilor Striplin made a motion to adopt the Resolution and Councilor Miller
seconded the motion. There being no discussion, the Resolution was adopted with the
following results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
3. ORDINANCE: To Amend City Code Division 2. Sales Tax, Section 38-92 (c)
Imposition of Certain Sales and Use Taxes. (Sponsored By: Councilor Striplin)
(Previously introduced September 18, 2012)
ORDINANCE BOOK 2012, Page 024
This Ordinance was held from the September 18, 2012 Council Meeting. Councilor
Miller stated that this Ordinance should be voted on by the next Council and encouraged
the Council to keep in mind that retailers need adequate notice of any changes to the
sales tax rate. Councilor Miller suggested that the council extend the 1% increase but
have a shorter end date. Councilor Striplin moved to amend lines 16 and 18 to read as
follows:
“May 1, 2011 and ending on September 30, 2031 or at such time as all existing long-term
bond debt is paid in full.”
Councilor Boles seconded the amendment. Councilor Striplin stated that this is an
existing tax currently paid and the City has an opportunity tonight to do something the
Federal Government cannot do, and the state is not doing. That is to pay the City’s debt
and build the City’s reserve. Councilor Miller asked if the amended line 18 referred to
long-term bond debt that is currently on the books and not any future new bond debt
the city may undertake and Councilor Striplin responded yes. The Amendment passed
(4-2). There being no further discussion, the amended ordinance passed with the
following results:
AYES : STRIPLIN, WOOD, BROWN,
BOLES 4
NAYS : RENEGAR, MILLER 2
ABSTAINED : NONE 0
ABSENT : FANK
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4. 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: Council President Pro Tempore Fank}
RESOLUTION BOOK 2012, Page 110
Councilor Boles made a motion to adopt the Resolution and Councilor Wood seconded
the motion. There being no discussion, the Resolution was adopted with the following
results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
5. RESOLUTION: To Authorize the Mayor to Sign Any Contracts for Services for
Community Initiatives and City-County Services as Specified in FY2012-2013 Budget.
(Sponsored By: Councilor Wood)
RESOLUTION BOOK 2012, Page 111
Councilor Wood made a motion to adopt the Resolution and Councilor Boles seconded
the motion. There being no discussion, the Resolution was adopted with the following
results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
6. RESOLUTION: To Authorize the Mayor to Enter into a Contract with Tyler
Technologies, Inc. for an Online Business License Renewal System at a Cost of
$3,800.00. (Sponsored By: Council President Renegar)
RESOLUTION BOOK 2012, Page 112
Councilor Brown made a motion to adopt the Resolution and Councilor Miller seconded
the motion. Councilor Striplin asked for clarification in the $1.25 per renewal fee.
Finance Director Doug Moseley explained that the $1.25 convenience fee would be
charged to the individual renewing the license and be credited to the City. There being
no further discussion, the Resolution was adopted with the following results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
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7. RESOLUTION: To Authorize the Purchase of a Performance License for 2011 and
2012 from SESAC at a Cost of $607.00. (Sponsored By: Council President Renegar)
RESOLUTION BOOK 2012, Page 113
Councilor Boles 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 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
Legal Council has asked that the next item, which is a Resolution to notify Knology of
Montgomery, Inc. of Franchise Agreement noncompliance, be moved to the end of the
agenda. This item will be introduced when the Council returns from Executive Session.
Councilor Boles made a motion to move the Resolution to the end of the agenda and
Councilor Striplin seconded the motion. The Resolution was moved (6-0).
8. RESOLUTION: To Authorize the Hiring of Two (2) Service Maintenance Worker I
Employees for the Urban Management Department at an Annual Cost Not to Exceed
$63,064.00. (Sponsored By: Council President Pro Tempore Fank)
RESOLUTION BOOK 2012, Page 114
Councilor Striplin 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 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
9. RESOLUTION: To Authorize the Hiring of One (1) Service Maintenance Worker I
for the Sanitation Department at an Annual Cost Not to Exceed $31,532.00.
(Sponsored By: Councilor Striplin)
RESOLUTION BOOK 2012, Page 115
Councilor Striplin made a motion to adopt the Resolution and Councilor Wood
seconded the motion. There being no discussion, the Resolution was adopted with the
following results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
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NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
10. RESOLUTION: To Authorize the Hiring of a Part-Time Senior Center Aide for the
Leisure Services Department at an Annual Cost Not to Exceed $13,669.00.
(Sponsored By: Council President Pro Tempore Fank)
RESOLUTION BOOK 2012, Page 116
Councilor Brown made a motion to adopt the Resolution and Councilor Wood seconded
the motion. There being no discussion the Resolution was adopted with the following
results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
11. RESOLUTION: To Authorize the Hiring of a Part-Time Finance Data Clerk for the
Finance Department at an Annual Cost Not to Exceed $17,573.00. (Sponsored By:
Council President Renegar)
RESOLUTION BOOK 2012, Page 117
Councilor Striplin made a motion to adopt the Resolution and Councilor Brown
seconded the motion. Councilor Miller asked if this position was 75% or 50% and
Human Resources Director Lisa Thrash responded that it would be 50%. There being no
further discussion, the Resolution was adopted with the following results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
12. RESOLUTION: To Authorize the Hiring of One (1) Firefighter for the Fire
Department at an Annual Cost Not to Exceed $52,490.00. (Sponsored By: Councilor
Miller)
RESOLUTION BOOK 2012, Page 118
Councilor Miller 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 6
NAYS : NONE 0
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ABSTAINED : NONE 0
ABSENT : FANK
13. RESOLUTION: To Authorize the Appointment of an Executive Assistant and an
Administrative Assistant for the Mayor’s Office at an Annual Cost Not to Exceed
$127,418.00. (Sponsored By: Council President Renegar)
RESOLUTION BOOK 2012, Page 119
Councilor Wood made a motion to adopt the Resolution and Councilor Boles seconded
the motion. There being no discussion, the Resolution was adopted with the following
results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
14. RESOLUTION: To Authorize the Release of Funds in an Amount Not to Exceed
$14,950.00 for One (1) Generator and Transfer Switch for the City of Prattville Fire
Department. (Sponsored By: Councilor Miller)
RESOLUTION BOOK 2012, Page 120
Councilor Miller made a motion to adopt the Resolution and Councilor Boles seconded
the motion. There being no further discussion, the Resolution was adopted with the
following results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
15. RESOLUTION: To Authorize the Purchase of One (1) Constant Chlor Dry Calcium
Hypochlorite Feed System from Water Treatment & Controls Co. at an Amount not
to Exceed $11,500.00. (Sponsored By: Councilor Striplin)
RESOLUTION BOOK 2012, Page 121
Councilor Striplin 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 6
NAYS : NONE 0
ABSTAINED : NONE 0
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ABSENT : FANK
16. RESOLUTION: To Set a Public Hearing 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: Council President Pro Tempore
Fank)
RESOLUTION BOOK 2012, Page 122
Councilor Boles 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 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
17. RESOLUTION: To Set a Public Hearing to Zone Property Located at U.S. Highway
82 at Constitution Avenue. (Sponsored By: Council President Renegar)
RESOLUTION BOOK 2012, Page 123
Councilor Boles 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 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
Mayor Gillespie announced that Representative Martha Roby would be at City Hall on
Thursday, October 11, 2012 at 6:00 pm.
Councilor Boles made a motion to go into Executive Session and Councilor Miller
seconded the motion. The Council went into Executive Session (6-0) at 7:25 pm.
Councilor Boles made a motion to go into Regular Session and Councilor Brown
seconded the motion. The Council went back into Regular Session (6-0) 7:42 pm.
18. RESOLUTION: To Notify Knology of Montgomery, Inc. of Franchise Agreement
Noncompliance. (Sponsored By: Council President Renegar)
RESOLUTION BOOK 2012, Page 124
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Councilor Wood made a motion to adopt the Resolution and Councilor Boles seconded
the motion. There being no discussion the Resolution was adopted with the following
results:
AYES : STRIPLIN, WOOD, BROWN,
RENEGAR, MILLER, BOLES 6
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : FANK
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 (6-0) at 7:11 p.m.
APPROVED:
___________________________
Cathy Dickerson
City Clerk
___________________________
Michael E. Renegar, President
Prattville City Council
SUBMITTED BY:
___________________________
Jamie F. McClellan
Assistant City Clerk