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Minutes 2012-08-07 Amended1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, AUGUST 7, 2012 6:07 P.M. The Prattville City Council met in regular session on Tuesday, August 7, 2012 at 6:07 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 ALERTNESS: Being aware of what is taking place around me so I can have the right response. APPROVAL OF MINUTES: City Council Meeting June 19, 2012. Councilor Miller made a motion to approve the minutes and Councilor Striplin seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Lonnie Brand, 258 Teri Lane, Prattville, regarding Item# 2, asked if the City currently had a Building Inspector and if the position budgeted. Council President Renegar explained that the City’s former Building Inspector had recently passed away and confirmed that the position was budgeted. Mr. Brand asked, regarding Item# 3, if the police officers would be replacements and Council President Renegar responded that the new hires would fill vacancies in the Police Department. Mr. Brand asked if the lease agreement in Item #4 would be a cost to the City and Council President Renegar replied that there would be no cost incurred. Mr. Brand asked for Item# 5 to be explained. Council President Renegar explained that the City currently has a Franchise agreement with Knology and WideOpenWest Finance will acquire Knology. It is necessary that the council approve this change. Mr. Brand asked, regarding Item# 6, who currently maintains Legends Office Park at HomePlace. Council President Renegar explained that the developer is responsible for all maintenance until they reach a certain degree of completeness. At that point, the developer may appeal to the city to take over street, curb, and gutter maintenance. MAYOR’S REPORT: Council President Renegar granted the Mayor a point of personal privilege to allow Dr. Edwin Bridges, of the State of Alabama Department of Archives and History (ADAH), to speak in favor of Item #4. Dr. Bridges explained that the ADAH added a new wing to the building in 2005. A large section of this wing displaying antebellum Alabama is called “Cotton State,” which illustrates the economic boom in Alabama that came from cotton. Approximately six years ago, ADAH discussed with Continental Eagle and the City of Prattville the possibility of borrowing the Pratt Gin and displaying it as the center piece in this section. Displaying the gin 2 would show a direct connection with Daniel Pratt and the City of Prattville to the incredible economic prosperity Alabama experienced during that time. Council President Pro Tempore Fank stated that he could not think of a more fitting location for the gin to reside and acknowledged that it would bring exposure to the city of Prattville. Dr. Bridges informed the Council that the ADAH would have the George Cook portrait of Daniel Pratt displayed with the gin. Councilor Striplin thanked Dr. Bridges for this opportunity and stated that ten years was reasonable timeframe, especially considering the significant investment that has been made by the ADAH. In the event that Prattville ever creates a Daniel Pratt museum, the City would ask to relocate the gin with the proper notice. Councilor Striplin added that the gin is better protected with the ADAH at this time and having it displayed will bring Prattville recognition. Council President Renegar thanked Dr. Bridges for this opportunity to showcase the City of Prattville. Mayor Gillespie also thanked Dr. Bridges and stated that the ADAH would be an appropriate place for the gin to reside. The Mayor asked the Council to move forward with Item# 2 and stated that the gentleman who formerly held this position has passed away and that he was a great man. The Mayor asked that the Council to move forward with Items # 3 and 4. Mayor Gillespie announced that Target was holding their “Take Back the Night” event tonight from 5:00 p.m. until 8:00 p.m. and encouraged everyone to stop by the event. On August 18, 2012, back-to-school events will be held at Pratt Park. The City is waiting on the official results from the Coca Cola Contest. AGENDA 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: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, PAGE 076 Council President Pro Tempore Fank 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 3 2. RESOLUTION: To Authorize the Hiring of One (1) Building Inspector for the Prattville Fire Department at an Annual Cost not to Exceed $53,591.00. (Sponsored By: Councilor Miller) RESOLUTION BOOK 2012, PAGE 077 Councilor Miller made a motion to adopt the Resolution and Councilor Boles seconded the motion. Councilor Miller offered an amendment to line 18 of the Resolution to read “$53,591.00 for salary and benefits” and Councilor Wood seconded the amendment. The amendment was approved (7-0). There being no further discussion, the amended 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. RESOLUTION: To Authorize the Hiring of Three (3) Police Officers for the Prattville Police Department at an Annual Cost not to Exceed $150,794.00. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, PAGE 078 Councilor Wood made a motion to adopt the Resolution and Councilor Striplin seconded the motion. Councilor Boles asked if the City would hire pre-trained officers and Police Chief Tim Huggins responded that they would hire the most qualified candidates. 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. RESOLUTION: To Authorize the Mayor to Enter into a Lease Agreement with the State of Alabama Department of Archives and History for the Continental Eagle Cotton Gin for a Period of Ten (10) Years. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, PAGE 079 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, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 4 5. RESOLUTION: To Approve the Change of Control of Current Cable Television Franchise from Knology of Montgomery, Inc. to WideOpenWest Finance, LLC. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 080 Councilor Brown made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. Councilor Miller requested that the council continue to look at providing a local community channel when franchise agreements come up for renewal. 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 Accept Maintenance of Legends Office Park at HomePlace, The HomePlace, Plats 1(A) and (C), and The Exchange, Plats 1, 3 and 4. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 081 Councilor Boles made a motion to adopt the Resolution and Councilor Brown seconded the motion. Councilor Wood asked why some of the subdivision owners have been maintaining the plats longer than two years. City Planner Joel Duke explained that the two year period begins the day of final plat approval by the Planning Commission. There is a caveat in city regulations that if the builder reaches 80% build-out before the two year period is complete, the builder may ask that maintenance be accepted at that point. This subdivision passed the two year period and is still not at 80% completion, but their obligation to maintain the public facilities is only two years. Approximately ten years ago, the maintenance timeframe was increased from one year to two years. An inspection of any deficiencies is completed before this is brought to the council for acceptance. Councilor Miller asked if there is a mechanism built in for the owner to continue to pay for any upcharge for the upscale lighting. Mr. Duke responded that there is generally an agreement in place for the builder to continue to pay any upcharge. There being no further discussion, the Resolution was adopted with the following results: AYES : WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : STRIPLIN 1 ABSENT : NONE 7. RESOLUTION: To Appoint Election Officials for 2012 Municipal Elections. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, PAGE 082 5 Councilor Miller 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 8. RESOLUTION: To Authorize the Mayor to Sign the 2012 Airport Improvement Funding Agreement Between the State of Alabama Department of Transportation and the Prattville Airport Authority for Project No. 3-01-0060-014-2012. (Sponsored By: Council President Pro Tempore Fank) FROM THE FLOOR RESOLUTION BOOK 2012, PAGE 083 Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilor Striplin 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 Wood made a motion to suspend the rules and Councilor Boles seconded the motion. The rules were suspended (7-0). 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 COMMENTS FROM PERSONS PRESENT: Lonnie Brand, 228 Teri Lane, asked if it was possible to project if the City was on budget. Finance Director Doug Moseley responded that through the month of June, the City is 75% through the budget year and has spent only 60% of the budget. The City is running below budget on expenditures and right on track on revenue. Mayor Gillespie thanked department heads and employees for being mindful of the budget. The Mayor challenged employees to cut $1 million in expenditures from the budget and the city is on track to meet the goal. Fire Chief Terry Brown thanked Mayor Gillespie for mentioning Larry Green. The department has received numerous telephone calls and condolences from citizens. A number of city employees, builders and contractors attended his funeral. Larry was the President of the International Association of Electrical Inspectors, as well as an ICC certified electrical inspector, building inspector and building official. Larry was a C.E.R.T. trainer and assisted the EMA with disasters as a Hamm radio operator. He will be sorely missed by the department and by Chief Brown. Pastor Dickerson, President of Oasis of Hope, announced that Oasis of Hope has partnered with the City of Prattville to hold the 8th annual Back-to-School Rally on August 18, 2012 at 6 Stanley Jensen Stadium. Backpacks filled with school supplies are provided to the students, along with free food and entertainment. Pastor Dickerson requested that the Mayor and City Council support the upcoming event with their attendance and financial support. Councilor Wood stated that at last year’s North Highland Park Community Fun Day, proceeds were donated to the Oasis of Hope. Councilor Wood applauded Oasis of Hope for working with the City and applauded the City for working with Oasis of Hope. Council President Renegar announced that he has been advised by the city attorney of a need to go into Executive Session to discuss good name and character and potential litigation (letter attached). Councilor Boles made a motion to go into Executive Session and Councilor Striplin seconded the motion. The council went into Executive Session (7-0) at 6:56 p.m. The council returned to Regular Session at 7:13 p.m. CLOSING COMMENTS: None ADJOURN: There being no further business to come before the council, Councilor Boles made a motion to adjourn and Councilor Striplin seconded the motion. The meeting adjourned (7-0) at 7:13 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Michael E. Renegar, President Prattville City Council SUBMITTED BY: ___________________________ Jamie F. McClellan Assistant City Clerk