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Minutes 2012-09-181 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 18, 2012 6:00 P.M. The Prattville City Council met in regular session on Tuesday, September 18, 2012 at 6:00 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilor Wood gave the invocation. Roll was called and all Councilors were recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS TRUTHFULNESS: Earning future trust by accurately reporting past facts. APPROVAL OF MINUTES: Special Session to Canvass Election and City Council Meeting September 4, 2012; Work Session September 10, 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 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: Lonnie Brand, 258 Teri Lane, noted that several Council members had raised questions during the budget work session held last week. Mr. Brand read through a list of questions and asked specific Council members if their questions or concerns regarding the budget had been answered. Mr. Brand asked if the sales tax in Item #2 will be an extension of the additional one-percent sales tax. Mr. Brand asked if there were any Resolutions or Ordinances to be brought from the floor. Council President Renegar replied that none were indicated and thanked Mr. Brand for his insightful questions. Caroline MacLennan, 370 Selma Highway, addressed the Council regarding her Yorkshire Terriers being attacked by dogs on September 10, 2012, on East Main Street. Mrs. MacLennan provided the Council with pictures of her dogs and a statement summarizing the injuries and treatment for both dogs. Mrs. MacLennan expressed her concern that the dog warden works from 8:00 a.m. to 3:00 p.m. She also asked what the penalties are for dog owners whose dogs are out loose. Council President Renegar stated that the Mayor and Police Chief have heard these comments. Council President Pro Tempore Fank stated he was sorry this traumatic experience had occurred, and added that he will follow-up with the Mayor and Police Chief and contact Mrs. MacLennan. Mayor Gillespie asked Mrs. MacLennan to meet with Chief Huggins for an update on the findings of the case. Kedra Motley, 783 County Road 13, addressed the Council on behalf of her business partner, regarding the denial of an ABC application for the location formerly known as the Hollywood Palace on Highway 82. Ms. Motley stated the location is outside the city limits. Council 2 President Renegar asked Ms. Motley if this business is located inside the police jurisdiction. Ms. Motley responded that the location is also outside the police jurisdiction. Council President Renegar asked Ms. Motley to give her contact information to the City Clerk for follow-up on this request. Councilor Wood noted that several ABC applications have come before the Council in the past month and that this application had not come before the Council. He added he felt certain this would be a county issue. Phillip Baker, 122 N. Nichols Street, addressed the Council regarding the appearance of 137 N. Nichols Street and the issue of vehicles parking on the street. Mr. Baker stated that the street is not designed for on-street parking and several mishaps have almost occurred. Mr. Baker proposed a change in parking on the street. Councilor Boles noted that the police are patrolling the area. Planning Director Joel Duke stated that cars are allowed to park on the street. MAYOR’S REPORT: Mayor Gillespie stated he hoped every one voted today in the special amendment election. The LPGA Tournament will be held this week in Prattville. This event is a boost to the City of Prattville’s economy. On September 24th at 10:00 a.m., the check presentation ceremony for the Coca-Cola Challenge will be held at Pratt Park. The Mayor acknowledged that this is the 100th Year of Eagle Scouts and commended Council President Renegar for being an Eagle Scout. This is the 65th Anniversary for the Air Force and the 225th year of the Constitution of the United States. A copy of the Constitution will soon hang over the Mayor’s seat in the Council Chamber. The Mayor asked the Council to move forward on Item #1 and pass the FY 2012-2013 budgets as presented. Mayor Gillespie humbly requested that Item #2 be held and a public hearing be set regarding the sales tax. The Mayor supported Item #3 and added that the fire training facility should be named after former Chief Stanley Gann. The Mayor hoped to see Council members at Robert Trent Jones next week during the LPGA Tournament. REPORT ON STATUS OF CITY FINANCES: Interim Finance Director Doug Moseley presented the Council with a Revenue & Expense Report through the month of August 2012, as attached. The Revenue Report shows that the lodging tax and rental tax are trending lower than budgeted for the year. 90.56% of budgeted 3 revenue has been received and the City is 80.33% through the budget year. Revenue is trending ahead of budget. The Tax Breakdown Comparison shows the actual and organic differences for tax collected during this fiscal year compared to last year. The August Unaudited Expenses by Department reports shows that the City is 91.67% through the year and most departments have spent less of their budget than would be spent if spending all budgeted funds for the year. The Wastewater and Sanitation Enterprise Fund Income Statements show both departments in the black and in-line with budgets year to date. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Renegar granted Councilor Wood a point of privilege to make a statement. Councilor Wood noted that he planned to make a statement in October, but an article from the September 8th edition of the Prattville Progress needed to be addressed. He added that he was approached before the election regarding if he would seek the position of Council President. Councilor Wood stated that although he has held both seats during his tenure on the Council, he has never jockeyed or maneuvered for the position of Council President or Council President Pro Tempore. Councilor Wood congratulated every Council member elected and noted that Council-Elect Starnes, Chambliss and Boone are in the audience. Councilor Wood asked each Council member for their support as Council President. If selected, he stated he would do his best to serve the Council and City well. Councilor Wood prayed God’s blessing on each Councilor and on the City as the Council and City move forward. CONSENT AGENDA: 1. RESOLUTION: To Waive Fee for the Autauga County Fair Association. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, PAGE 095 2. RESOLUTION: To Amend Resolution Book 2009-A, Page 056 and To Re-Appoint Gene R. Canavan to the Education Building Authority. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 096 3. RESOLUTION: To Re-Appoint Danny Loftin to the Education Building Authority. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 097 4. 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: Councilor Wood) RESOLUTION BOOK 2012, PAGE 098 5. RESOLUTION: To Grant an Off Premise Retail Beer and Off Premise Retail Table 4 Wine License to Terence M. Corrigan of Alabama CVS Pharmacy, LLC d/b/a CVS Pharmacy 4944. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, PAGE 099 Councilor Brown introduced the Consent Agenda and made a motion to adopt and Council President Pro Tempore Fank seconded the motion. Council President Pro Tempore Fank recommended that the next Council waive the fee for the fair in a permanent Ordinance in the future. There being no further discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE AGENDA 1. RESOLUTION: To Adopt the City of Prattville Fiscal Year 2012/2013 General Operating Fund Budget.(Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 100 Councilor Wood made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. There being no further discussion and no amendments, 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 2. ORDINANCE: To Amend City Code Division 2. Sales Tax, Section 38-92 (c) Imposition of Certain Sales and Use Taxes. (Sponsored By: Councilor Striplin) HELD UNTIL OCTOBER 2, 2012 Councilor Striplin made a motion to adopt the Ordinance and Councilor Wood seconded the motion. By point of order, it necessary for the council rules to be suspended if immediate action is to be considered. Councilor Wood made a motion to suspend the rules. There being no second, the Ordinance will carry over until the next meeting on October 2, 2012. 3. RESOLUTION: Naming the Prattville Fire Training Facility and Fire Tower in honor of Former Fire Chief Stanley Gann. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, PAGE 101 Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilor Boles seconded the motion. Council President Pro Tempore Fank stated he reached out to Chief Gann. Chief Gann was unable to attend tonight’s meeting because he is out of town, but 5 he was very humbled by this consideration. Councilor Miller stated in the years he served as Chairman of the Fire Committee, he had the opportunity to work with Chief Gann. Councilor Miller added he echoed Council President Pro Tempore Fank’s sentiments and whole- heartedly supported this Resolution. 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 4. ORDINANCE: To Surplus Three (3) Vehicles from the Police Department. (Sponsored By: Councilor Wood) ORDINANCE BOOK 2012, PAGE 023 Councilor Brown made a motion to adopt the Ordinance and Councilor Wood seconded the motion. By point of order, it necessary for the council rules to be suspended if immediate action is to be considered. Council President Pro Tempore Fank made a motion to suspend the rules and Councilor Wood seconded the motion. The rules were suspended (7-0). There being no further 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 5. RESOLUTION: To Authorize the Hiring of One (1) Police Officer for the Police Department at an Annual Cost Not to Exceed $51,964.00. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, PAGE 102 Councilor Wood made a motion to adopt the Resolution and Councilor Brown seconded the motion. City Attorney David McDowell questioned if this was a budgeted expense. It was determined that this was a budgeted expense. 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 Award a Contract in the Amount of $6,300.00 to Alvin Thomas, Inc. to Complete the Demolition of 1085 S. Memorial Drive. (Sponsored By: Councilor Boles) RESOLUTION BOOK 2012, PAGE 103 6 Councilor Boles made a motion to adopt the Resolution and Councilor Striplin seconded the motion. Councilor Boles clarified that Scottie’s Floor Covering had not been paid for the contract. Planning Director Joel Duke explained that Scottie’s Floor Covering had failed to complete the contract and incurred enough liquidated damages that no payment was made. The original contract to Scottie’s Floor Covering was for $7,250. The work will now be completed for $6,300.00; a savings of $950 to the City. 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 7. RESOLUTION: To Accept Donation of Property from the Heirs of W. F. Huie. (Sponsored By: Councilor Boles) RESOLUTION BOOK 2012, PAGE 104 Councilor Miller made a motion to adopt the Resolution and Councilor Boles seconded the motion. Councilor Wood asked Planning Director Joel Duke if the Planning Department had looked at the property and if the property would benefit the City. Mr. Duke responded that this parcel of property is rugged and has been vacant since the subdivision was platted in 1956. This property contains a drainage way that the City has had issues with off of Cooper Avenue. The City has acquired a piece of property on the opposite side of the street through a hazardous mitigation process. This property will allow the City to have better access to the drainage way. 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 8. RESOLUTION: To Authorize the Hiring of One (1) Equipment Operator/Truck Driver for the Sanitation Department at an Annual Cost Not to Exceed $35,963.00. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, PAGE 105 Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilor Striplin 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 9. RESOLUTION: To Authorize the Hiring of One (1) Service Maintenance Worker 1 for the Sanitation Department at an Annual Cost Not to Exceed $31,532.00. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, PAGE 106 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, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 10. RESOLUTION: To Authorize Additional Funding Totaling $29,500 for Hazard Mitigation Project #1835-0011 for Acquisition and Removal of Flood-Prone Properties. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, PAGE 107 Councilor Striplin 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, MILLER, BOLES, FANK 6 NAYS : RENEGAR 1 ABSTAINED : NONE 0 ABSENT : NONE CLOSING COMMENTS: Councilor Miller commented that when he voted this morning, one of the poll workers expressed her appreciation to him for his service and asked that he follow up on an issue. Councilor Miller contacted Teresa Lee to submit a work order and within an hour received an email that the matter had been handled. Councilor Miller commended the City staff for their commitment. Councilor Boles noted that visitors at the LPGA Tournament have commented on how friendly the City and the City staff have been. Questions have been quickly answered by City staff. Council President Renegar asked the City Clerk to schedule a Public Hearing on Tuesday, October 2, 2012 prior to the Council meeting to consider the proposed Ordinance to extend the sales tax. Council President Pro Tempore Fank made a motion to enter into Executive Session and Councilor Boles seconded the motion. Councilor Miller questioned if the motion should also include adjournment at the end of the Executive Session since the Council will not reconvene. 8 Council President Pro Tempore Fank amended his motion to include adjournment at the end of the Executive Session. Councilor Boles amended his second. Council President Renegar asked the City Clerk to read back the complete motion. City Clerk Cathy Dickerson read back the amended motion: to enter into Executive Session and to adjourn the meeting at the end of the Executive Session. With no further discussion, the Council entered Executive Session (7- 0) at 7:09 p.m. ADJOURN: The Council exited Executive Session at 7:20 p.m. and the council meeting adjourned. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Michael E. Renegar, President Prattville City Council