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Minutes 2012-05-151 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MAY 15, 2012 6:25 P.M. The Prattville City Council met in regular session on Tuesday, May 15, 2012, at 6:25 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 Councilor Boles was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS WISDOM- Seeing and responding to life situations from a perspective that transcends my current circumstances. APPROVAL OF MINUTES: City Council Meeting and Public Hearing May 1, 2012. Councilor Wood made a motion to approve the minutes and Councilor Brown seconded the motion. The minutes were approved (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Iris Korthauer, 444 Cargill Street, President of the Autauga Creek Improvement Committee, asked for support for Item #8. The ACIC would like to see the area they are calling Dog Pound Beach converted into a public park. Dog Pound Beach is the perfect spot to get out of the creek for those who have floated down in an inner tube from downtown. Dog Pound Beach will allow for a 3-4 hour float. To get out of the creek at the Canoe Trail Park would be an 8-9 hour float. Ofie Hardin, ACIC Development & Events Chair, added that the ACIC volunteers want to improve the quality of life for citizens and add to the City’s park inventory. Ms. Hardin added that this is a gorgeous area and will be a great benefit to the City. Council President Pro Tempore Fank complimented the entire ACIC committee for their dedication to this project. Over the past two years, the creek area has seen significant transformation. The creek is a tremendous asset to the city and is well utilized on the weekends. He would love to see sand in the area, although that is not feasible. He applauded the efforts of the ACIC. Councilor Miller expressed concern that the use of the outdated term “Dog Pound Beach” may stick. Ms. Korthauer responded that the area will have another permanent name. Lonnie Brand, 258 Teri Lane, asked if the mower to be purchased in Item #2 is a replacement. Councilor Striplin asked Plant Manager Dale Gandy to respond. Mr. Gandy replied this will be a replacement mower. The last mower purchased for this wastewater plant was in 1997. Two of the three lawn mowers at the plant do not work and the staff cuts approximately 17 acres. Mr. Brand asked if the vehicles to be purchased in Items #3 and #4 were replacement vehicles or additions. Council President Renegar replied that these Resolutions will be voted down tonight at the Police Chief’s request because the department is looking at 2013 vehicles. When the vehicles are purchased, they will be replacement vehicles. The police department is currently utilizing some vehicles that cost more to repair than they are worth. 2 Mr. Brand asked if the $45,000 match for Item #8 for park improvements is cash funds. Council President Renegar responded that the city will match the grant with $45,000 of in- kind services. The city will provide labor and expertise with no cash expenditure. Mr. Brand asked for information regarding the name change in Item #9. Council President Renegar replied that the name of the District 5 voting location has recently changed from “Church of the Living Water” to “Journey Church.” The City will request pre-clearance from the Department of Justice for the name change only. MAYOR’S REPORT: Mayor Gillespie and Councilor Miller presented Laura Grace Henry, daughter of Bryan and Didi Henry, with the National Presidential Volunteer Service Award, signed by President Obama. Councilor Miller expressed appreciation to the Henry family and noted it was a great pleasure to recognize Laura Grace Henry for her many volunteer activities. This was the second year in a row for Laura Grace to be recognized on this national level. Councilor Miller presented Laura Grace with the President’s Volunteer Service Award, signed by President Obama. This program began with President Bush over ten years ago and continues under President Obama. Mayor Gillespie added that Laura Grace Henry is an example of the many young volunteers in the City of Prattville. The Mayor presented Laura Grace with a Commendation from the City of Prattville in honor of her many volunteer activities. Mayor Gillespie explained that City flags are flying at half-staff in honor of National Police Week held May 13-19, 2012. The Mayor presented a Proclamation to Chief Huggins on behalf of the City to police officers proclaiming May 15, 2012 as Police Officer Memorial Day. Mayor Gillespie asked Chief Huggins to explain the Resolution being brought from the floor. Chief Huggins explained that an ADECA grant addressing underage drinking has a deadline of May 31, 2012. Grant funds will assist with personnel overtime, equipment, handouts and leaflets, and surveys. Breathalyzers provided through grant funds will become property of the City. The police department will hold vendor checks and parking lot details during peak times; for example, summer vacation and holidays. If the City is accepted, the grant will require a local match of $3,401.00 and the City must have a Resolution in place in order to apply for the grant. The match funds will be included in the FY2013 budget. Councilor Wood asked for clarification of the grant amount and the match amount. Chief Huggins explained that the total is $17,005.00, with $13,604.00 from ADECA and $3,401.00 in local match funds. Mayor Gillespie added that the match funds for this grant will be money well spent if this is approved. The Mayor reported that City Fest was a success. There was a large crowd on Friday night and Saturday. He thanked the city departments who assisted and acknowledged Kelli Cook, Edward Clinton, Chief Huggins and their departments, as well as the street and planning departments. 3 On Friday, May 18, 2012, the Autauga Creek Improvement Committee and the Mayor will host a VIP Float Day. The event will begin at the Chamber of Commerce. Mayor Gillespie reported that he met a group of 12-13 bicyclists who are on a nation-wide trip averaging over 104 miles per day. These cyclists are raising funds for Wounded Warriors, Kids Home, and other charities. Saturday, May 19, 2012 is National Kids to Park Day. A bicycle event will start at 9:00 a.m. from Upper Kingston Park to Pratt Park. The “Touch a Truck” event will be held at Pratt Park. “Movie Under the Stars” will be held at 7:00 p.m. that evening behind City Hall. The Mayor announced the swimming pool is operational and a promotion will be held on Memorial Day with 25-cents admission and 25-cents hotdogs. Mayor Gillespie asked that Items #3 and #4 be voted down. There was discussion of buying police cruisers, but there has been a change that will be brought before the council at later date. Mayor Gillespie asked that Item #8 for the Land and Water Conservation Fund grant move forward. This grant requires a commitment of in-kind services. Councilor Wood asked for a report regarding Item #6. The Mayor responded that this is the flood mitigation program and urged the council to move forward. The match funds are included in the budget and funds are available in the coffers. This program is needed and will be beneficial to the city. Councilor Miller commented on the recognition of police officers. While on a trip to Washington D.C. last week, he visited the National Law Enforcement Officers Memorial twice. The memorial was striking and sobering. Councilor Miller noted his appreciation of not only the officers who have sacrificed their lives, but also those who continue to put their lives on the line daily. Councilor Miller thanked Chief Huggins and all of his officers for the work they do every day. Mayor Gillespie acknowledged the officers for their hard work and added that he is able to sleep better at night because of the efforts of the police officers, fire fighters, and other city departments. Regarding Item #7, Council President Pro Tempore Fank explained that these funds were secured by Bobby Bright in November 2010 through FEMA/EMA. Much of the 25% match required will be provided through in-kind services. Council President Pro Tempore Fank noted that “Touch a Truck” should be called “Honk the Truck” as every child enjoys honking every horn. Mayor Gillespie added that the trucks will be set up at 6:00 a.m. at Pratt Park. Mayor Gillespie reported that his daughter canoed down the river today and she complimented the improvements made to the creek area. The Mayor expressed his appreciation to the volunteers and added that more people are enjoying this natural resource. 4 REPORT ON STATUS OF CITY FINANCES: Interim Finance Director Doug Moseley presented the Council with a Revenue & Expense Report through the month of April 2012, as attached. Revenue collection is on schedule. The lodging tax, alcohol tax, rental tax, and tobacco tax are running behind. Year-to-date, revenue is up 18% over last year. Without the inclusion of the sales tax increase, revenue is up just under 1% over last year (equals approximately $169,000). Revenue is relatively flat compared to last year if the sales tax increase is not included. The sales tax increase represents $2,937,000 to date during this fiscal year. The April Unaudited Expenses by Department Report shows most line items in line or under budget. Finance Operations shows over budget; the audit is the largest expense. The largest expense for IT Operations is the licensing for software. The City has spent over $3 million less than this time last year, including debt service. For operations, the city has spent $1.5 million less than last year. The Wastewater and Sanitation Enterprise Funds Income Statements show both funds are in the black and progressing nicely. Mr. Moseley provided an Estimated Cash Burn Analysis for FY2013, FY2014, and FY2015. Mr. Moseley took the total revenue information provided to the council and backed out the gas tax funds, wastewater and sanitation funds, and grant funds. The information is based on revenue received this last year and is reduced by the sales tax decrease. The analysis contained no capital outlay, no capital projects, no additional personnel, no retail growth and no increase in operational costs. FY2013 will not be the bad year as revenue is projected to exceed expenditures by $2.2 million. The sales tax increase will drop to 0.5% in February, 2013. FY2014 is projected to slip into the red with a deficit of $1.2 million. Budgeted revenue is $27.2 million and budgeted expenditures are $28.4 million. October 2013 will include 0.5% sales tax increase charged in September, but in November 2013 it drops to zero. FY2015 is the first full year without the sales tax increase. Budgeted revenue is $27.1 million and budgeted expenditures are $28.8 million. The anticipated deficit is $1.7 million. The projected cash balance in December, 2014 is approximately $103,000; the projected cash balance in September, 2015 is approximately $700,000. Council President Renegar clarified that these projections include no retail growth. Mr. Moseley replied while economic development is possible, it is safer to expect none. Mr. Moseley also presented the Council with an updated budget summary which includes the amendments made to the budget during this fiscal year. The City owes the Group Health Fund $167,000, which is the City’s contribution for the month of May. The balance of the Group Health Fund as of today is $1,746,000. 5 $500,000 was moved to the Debt Service Reserve Fund two weeks ago in preparation for the November, 2012 payment. Councilor Striplin thanked Mr. Moseley for the Cash Burn Analysis and noted the ability to look 36-months ahead will provide a better grasp of what the City is facing. Councilor Miller seconded Councilor Striplin’s comments and commended Mr. Moseley for providing this information. He encouraged Mr. Moseley to continue to update these reports as real numbers become available. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Renegar reported that the Finance Committee met yesterday to discuss the acquisition of the Crown Victoria vehicles in Items #3 and #4. The Finance Committee concurs that these items be voted down and the City look for another type of vehicle based on the Police Chief’s recommendation. The Finance Committee supports Item # 8 and urges the Council to pass it. 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 054 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, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 2. RESOLUTION: To Authorize the Release of Funds in an Amount not to Exceed $12,560.00 for One (1) Zero Turn Toro Lawn Mower for the City of Prattville Waste Water Department. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2012, Page 055 Councilor Striplin 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, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 6 3. RESOLUTION: To Award Bid No. 012-003 to Stivers Ford in the Amount of $49,996.00 for the Purchase of Two (2) 2011 Crown Victoria Police Interceptors for the Police Department. (Sponsored By: Councilor Wood) FAILED Councilor Wood made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. There being no discussion, the Resolution failed with the following results: AYES : NONE 0 NAYS : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 ABSTAINED : NONE 0 ABSENT : BOLES 4. RESOLUTION: To Award Bid No. 012-004 to Gilmore Ford in the Amount of $27,695.00 for the Purchase of One (1) 2011 Crown Victoria Police Interceptor with Light Bar and Cage for the Police Department. (Sponsored By: Councilor Wood) FAILED Councilor Brown made a motion to adopt the Resolution and Councilor Wood seconded the motion. There being no discussion, the Resolution failed with the following results: AYES : NONE 0 NAYS : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 ABSTAINED : NONE 0 ABSENT : BOLES 5. RESOLUTION: To Authorize Demolition of Dilapidated Structure Located at 242 Tenth Street at a Cost of $2,488.00. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, Page 056 Councilor Wood made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. Councilor Wood explained that this structure is located directly in front of a new Habitat for Humanity home. The dedication for this home will be held on Sunday. Councilor Wood asked if it would be possible to have the demolition of this structure underway before the dedication and City Planner Joel Duke responded that they would certainly try to have the demolition started. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 6. RESOLUTION: To Authorize the Mayor to Sign all Agreements and Assurances 7 Regarding a $500,000.00 Grant by Alabama Emergency Management Agency for Acquisition and Removal of Flood-Prone Properties. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 057 Councilor Miller 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, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 7. RESOLUTION: Authorizing the Mayor to Enter Into a Contract for Project Management Services Related to Acquisition of Floodplain Properties. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 058 Council President Pro Tempore Fank 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, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 8. RESOLUTION: To Authorize Application for FY2012 Land & Water Conservation Fund Grant for Dog Pound Beach Park and Commit a Match of $45,000.00 of In-Kind Services. (Sponsored By: Council President Pro Tempore Fank) RESOLUTION BOOK 2012, Page 059 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, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 9. ORDINANCE: To Request Preclearance of Name Change Only for the District 5 Voting Location from the Department of Justice for the 2012 Municipal Election. (Sponsored By: Council President Renegar) ORDINANCE BOOK 2012, Page 014 8 Councilor Striplin made a motion to adopt the Ordinance and Councilor Wood seconded the motion. By point of order, it is 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 Striplin seconded the motion. The rules were suspended (6-0). Councilor Miller asked if this Ordinance was time sensitive and both City Attorney David McDowell and City Clerk Cathy Dickerson responded that it was time sensitive. There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 10. RESOLUTION: To Establish a Health Care Account Internal Service Fund Effective October 1, 2012. (Sponsored By: Council President Renegar) RESOLUTION BOOK 2012, Page 060 Councilor Miller made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. Councilor Striplin asked if the written word in this Resolution overrides the spoken word; the year listed in line 20 of the Resolution is written as 2012, but was read as 2010. City Attorney David McDowell responded that the written word does override the spoken word in this case. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 11. ORDINANCE: To Exempt Certain “Covered Items” From the Municipal Sales and Use Tax during the First Full Weekend of July, 2012, as authorized by act 2012-256, Generally Referred to as the “State Severe Weather Preparedness Sales Tax Holiday” Legislation. (Sponsored By: Council President Renegar) ORDINANCE BOOK 2012, Page 015 Council President Pro Tempore Fank made a motion to adopt the Ordinance 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. Council President Pro Tempore Fank made a motion to suspend the rules and Councilor Brown seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES 9 12. ORDINANCE: To Exempt Certain “Covered Items” From the Municipal Sales and Use Tax during the First Full Weekend of August, 2012, as Authorized by ACT 2006-574, Generally Referred to as the “State Sales Tax Holiday” Legislation. (Sponsored By: Council President Renegar) ORDINANCE BOOK 2012, Page 016 Councilor Brown made a motion to adopt the Ordinance 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. Council President Pro Tempore Fank made a motion to suspend the rules and Councilor Wood seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES FROM THE FLOOR 13. RESOLUTION: To Authorize the Mayor to Make Application to the Alabama Department of Economic and Community Affairs, Law Enforcement/Traffic Safety Division, for an Underage Drinking Grant with a Match Not to Exceed $3,401.00. (Sponsored By: Councilor Wood) RESOLUTION BOOK 2012, Page 061 Councilor Wood made a motion to adopt the Resolution and Councilor Striplin 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 and Councilor Miller seconded the motion. The rules were suspended (6-0). There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOLES COMMENTS FROM PERSONS PRESENT: Lonnie Brand, 258 Teri Lane, commented than in a previous meeting $1,000.00 was approved for two Mayoral portraits and asked for the status of the portraits. Mayor Gillespie responded that the former Mayor has been asked to submit a photo. The Mayor’s office is moving forward on Mayor Gillespie’s portrait. Julie Rushton, 604 Sunset Drive, noted that her address was read in the Resolution regarding weeded lots and asked if her address will be deleted or marked as complete. Council President Renegar replied that she will not hear from the City if the Code Enforcement Officer and City Planner find her property in compliance. 10 Mayor Gillespie announced the bicycle ride at Upper Kingston Park on Saturday. He will be there at 9:00 a.m. and bicyclists will leave at 10:30 a.m. There are also events at Pratt Park. Monday is Memorial Day and services will be held in the community. The summer sanitation schedule will begin on June 4, 2012. There will be more information available on the website. Councilor Striplin commended City Departments for working with the Chamber of Commerce on City Fest. There was an excellent turnout. It is nice when the City can partner with other organizations in our community and positive things happen. ADJOURN: There being no further business to come before the council, Council President Pro Tempore Fank made a motion to adjourn and Councilor Brown seconded the motion. The meeting adjourned (6-0) at 7:39 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Michael E. Renegar, President Prattville City Council