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Minutes 2012-03-201 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MARCH 20, 2012 6:02 P.M. The Prattville City Council met in regular session on Tuesday, March 20, 2012, at 6:02 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 were present. THE CHARACTER TRAIT OF THE MONTH IS COMPASSION: Investing whatever is necessary to heal the hurts of others. APPROVAL OF MINUTES: City Council meeting March 6, 2012. Council President Pro Tempore Fank made a motion to approve the minutes and Councilor Miller seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Allison Gray, 1698 Old Country Road, stated she was proud of the City of Prattville for recognizing the returning veterans. Regarding Item 5, she questioned the need to spend money for mayoral portraits at a time when employees have been laid off or have taken pay cuts. Lonnie Brandt, 258 Teri Lane, asked for information regarding Item 1, preclearance of voting machines for 2012 election. Council President Renegar explained that the county has upgraded their voting machines. The Ordinance will allow the city to make the move to these new voting machines because the city will lease the voting machines from the county for the municipal election. Mr. Brandt asked if any Resolutions or Ordinances would be brought from the floor at the end of the meeting. Councilor Brown replied she would bring an Ordinance from the floor to surplus city property. In exchange for the surplus property, the city would receive property of a greater value to allow access to bike trails. Mr. Brandt asked why the budget needed to be amended for purchase of mayoral portraits in Item 5. Council President Renegar replied that there is an existing Resolution authorizing the purchase of portraits, but the expenditure is not currently included in the approved budget. MAYOR’S REPORT: On behalf of the City of Prattville, Mayor Gillespie presented Commendations to Major Griffin, Major Townsend, MSgt. Shepherd, MSgt. Luca, 1LT Wiest, and MSgt. Rupinen, honoring each for their sacrificial service in Afghanistan and their dedicated service to our country. Mayor Gillespie reaffirmed that the families have also sacrificed while their loved ones have served our country and expressed appreciation to the families. Mayor Gillespie announced the Fountain City Arts Dinner will be held on March 22 at the Legends. The Fountain City Arts Festival and the North Highland Community Fun Day will be held Saturday, March 24. 2 Mayor Gillespie announced that April is Autism Awareness Month. The Mayor recognized Darrue Fank, Executive Director of the Family Support Center. Mrs. Fank noted that April is also Child Abuse Prevention Month. Last year, WSFA was present when the Family Support Center dyed the fountain blue in honor of Child Abuse Prevention Month. On April 10, the Family Support Center plans to dye the fountain again. The state rally will be held on Wednesday, April 11, at 10:00 at the State House in Montgomery. Citizens will see blue pin wheels across downtown during the month of April in honor of Child Abuse Prevention Month. Mayor Gillespie plans to present the IT analysis to the Finance Committee prior to the next council meeting. The report outlines a possible $200,000 per year in savings, although expenditures will be required for upgrades. The Mayor reported that the contract has been signed for the sale of Continental Eagle building. They have petitioned to have the property rezoned for residential use. This is a good indicator of the direction of the economy and will bring more to downtown. Mayor Gillespie reported that one suspect is now in custody in Texas in connection with recent robberies. REPORT ON STATUS OF CITY FINANCES: Interim Finance Director, Doug Moseley, presented the Council with a Revenue & Expense Report through the month of February 2012, as attached. The decrease in business license revenue is not due to a reduction. The staff is currently posting business license revenue received on January 29, 2012. The lodging tax reduction is a result of one less hotel. The reduction in fine & forfeitures revenue is also due to posting. The check from Judicial Correction Services is deposited into a suspense account at the time of receipt and journal entries are written to disburse into proper accounts. Grants revenue is down compared to last year due to the limited number of grants. Most revenue is running in line. The February Unaudited Expenses by Department Report showed that most departments were running lower than last year and were in line with the current budget. Operationally, the city has spent $663,000 less than last year. The $1,000,000 line of credit was paid in February and has remained untouched. The Sanitation Enterprise Fund Income Statement and the Wastewater Enterprise Fund Income Statement provide information from October 2011 through February 2012. The Sanitation Enterprise Fund is running in the red through February, but should move into the black in March. The Wastewater Enterprise Fund is in the black already. $1,000,000 is owed to the Group Health Fund through March; at the end of February $800,000 was owed to the Group Health Fund. Accounts Payable is within a thirty-day window with no invoices due for the month of February. 3 All Community Initiatives which have submitted allocation requests are paid. A new Debt Service Reserve Account will be opened tomorrow with a deposit of $1,000,000 to cover the next debt payment due in May. Councilor Striplin asked when the FY2011 audit will be available. Mr. Moseley responded that the last piece of statistical information was submitted to Jackson Thornton last week and the audit report should be available at the first or second meeting in April. Councilor Miller asked if the Community Initiative payments are paid quarterly. Mr. Moseley replied that the smaller appropriations are paid as a lump sum and the larger appropriations are paid quarterly as they submit requests for funds. It is under consideration to move the larger appropriations, such as the Chamber of Commerce and Library, to a monthly payment basis in order to level out those expenditures. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: As a point of personal privilege, Councilor Wood reported that the North Highland Community Park Fun Day will be held Saturday, March 24, with lunch at 12:30 p.m. and a presentation at 1:00 p.m. This event has been held for over 20 years and this year’s proceeds will support Oasis of Hope. Council President Renegar had the opportunity to address both the Leadership Autauga Class and the Youth Leadership Autauga Class. Council President Renegar added that both groups included outstanding participants and that he was particularly impressed with the vitality of the youth and their leadership potential for the future. AGENDA 1. ORDINANCE: TO REQUEST PRECLEARANCE OF VOTING MACHINE CHANGES FROM THE DEPARTMENT OF JUSTICE FOR THE 2012 MUNICIPAL ELECTION. (ORDINANCE BOOK 2012, PAGE 006.) Councilor Miller made a motion to adopt the Ordinance and Councilor Boles 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 Brown seconded the motion. Councilor Miller asked if this matter is time sensitive. 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 0 2. ORDINANCE: TO SURPLUS ONE (1) 1988 FORD 153 CHASSIS F800 VEHICLE FROM THE VEHICLE MAINTENANCE DEPARTMENT. (ORDINANCE BOOK 2012, PAGE 007) 4 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. Councilor Wood made a motion to suspend the rules and Councilor Striplin 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 0 3. ORDINANCE: TO SURPLUS ONE (1) 1995 FORD STYLESIDE F150 VEHICLE FROM THE WASTEWATER DEPARTMENT. (ORDINANCE BOOK 2012, PAGE 008.) 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 Brown made a motion to suspend the rules and Councilor Boles seconded the motion. The rules were suspended (7-0). Councilor Striplin questioned if the proceeds should be deposited into the Wastewater Enterprise Fund rather than the General Fund. Mr. Moseley agreed the proceeds should be deposited into the Enterprise Fund. Councilor Striplin made a motion to amend lines 17 and 19 to “and that proceeds be deposited into the Wastewater Enterprise Fund” and Councilor Boles seconded the motion. There being no further discussion, the amended Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 4. ORDINANCE: TO SURPLUS ONE (1) 1987 JOHN DEERE 410C BACKHOE FROM THE LEISURE SERVICES DEPARTMENT. (ORDINANCE BOOK 2012, PAGE 009.) Councilor Striplin 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 Miller made a motion to suspend the rules and Council President Pro Tempore Frank 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 0 5 By point of privilege and as a formal request, Councilor Wood asked that any future Ordinances to surplus items from the Enterprise Funds return the proceeds to that particular Enterprise Fund. 5. RESOLUTION: TO AMEND FY2012 BUDGET LINE ITEM EXECUTIVE DEPARTMENT- CONTINGENCIES BY $1,000.00 FOR THE PURCHASE OF MAYORAL PORTRAITS. (RESOLUTION BOOK 2012, PAGE 029.) Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilor Striplin seconded the motion. Council President Renegar asked City Attorney David McDowell if this Resolution would require a suspension of the rules. Mr. McDowell responded it would not require a suspension of the rules. 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 0 6. ORDINANCE: TO SURPLUS ONE (1) 1996 DODGE DAKOTA VEHICLE FROM THE VEHICLE MAINTENANCE DEPARTMENT. (ORDINANCE BOOK 2012, PAGE 010). Councilor Miller 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. 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: AYES : STRIPLIN, WOOD, BROWN, RENEGAR, MILLER, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 7. 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. (RESOLUTION BOOK 2012, PAGE 030.) Councilor Wood 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 6 ABSENT : NONE 0 FROM THE FLOOR: 8. ORDINANCE: TO DECLARE CITY REAL PROPERTY SURPLUS. (INTRODUCED FROM THE FLOOR AND HELD UNTIL APRIL 3, 2012.) Councilor Brown made a motion to adopt the Ordinance and Councilor Miller 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 Brown seconded the motion. The rules were not suspended (6-1) with Council President Pro Tempore Fank opposed. By point of order, this Resolution holds until the April 3, 2012 meeting. COMMENTS FROM PERSONS PRESENT: None Council President Renegar announced that he has been advised by the city attorney of the need to enter executive session and that the City Council meeting will adjourn at the end of the executive session. At 6:58 p.m. the Council entered into executive session to discuss potential litigation and good name and character. City Attorney David McDowell provided the City Clerk with a letter of explanation for the executive session. That letter is made a part of the official record. At 7:55 p.m. the Council re-entered regular session. ADJOURN: There being no further business to come before the Council, Council President Pro Tempore Fank made a motion to adjourn and Councilor Boles seconded the motion. The meeting adjourned (7-0) at 7:56 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Michael E. Renegar, President Prattville City Council