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Minutes 2011-02-15PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, FEBRUARY 15, 2011 6:00 P.M. The Prattville City Council met in regular session on Tuesday, February 15, 2011, at 6:00 p.m. in the Council Chambers at City Hall. Roll was called and Councilman Argo and Councilman Boles were recorded as being absent. After the Pledge of Allegiance to the American Flag, Councilman Renegar gave the invocation. THE CHARACTER TRAIT OF THE MONTH IS PERSUASIVENESS: Understanding others so I can better communicate with them. APPROVAL OF MINUTES: City Council meeting February 1, 2011, and Special Session February 8, 2011. Councilman Renegar made the motion to approve the minutes and Councilman Wood seconded the motion. The minutes were approved (5-0). Councilman Boles arrived at 6:04 p.m. COMMENTS FROM PERSONS PRESENT: Diane Steinhilber with Jackson Thornton Auditing Firm appeared before the Council to present a draft of the City’s audited financial statements ending September 30, 2010. She thanked all department heads and went further to say that they were all capable people and were very helpful in expediting this report. She stated that she would be available at the scheduled work session to answer questions. Michael Whaley, 1818 Autumn Court East, appeared before the Council as an active, registered voter in District 5, and welcomed new Councilman Albert Striplin. He apologized to Councilman Striplin for the unwelcome reception at the announcement of his appointment at the meeting held on February 14, 2011. He told the Council body that he prays for each of them by name daily and quoted Psalms 141:3 Set a guard over my mouth, O LORD; keep watch over the door of my lips. Mr. Whaley made three points: 1. He reminded them that elected officials come and go, but that city employees are a constant. They are dedicated to the jobs that they do because they are loyal and are the strength and backbone of this city. 2. He explained that city managers spend countless hours preparing budget requests based on what they anticipate the needs of their department in providing premiere services to the citizens of Prattville. 3. He further stated that registered voters are awakened to what is going on and on November 2, 2010 they showed up. He said that registered voters are serious and are looking at everything. Mr. Whaley expressed his appreciation for the position of the Council and asked them to be in prayer before making future decisions. Gene Hall, 206 Stewart Street, congratulated and welcomed Councilman Striplin. He expressed his disappointment in those who showed their lack of class the previous night. He asked that in these recent worst of times that we all pull together to make it the best of times. Jon Lee Finnegan, 211 Deer Trace, expressed her confusion in what she has read recently in the news regarding the City’s budget. She stated the majority of the Council voted on the incentives and continued to spend. She stated her opinion that the Council has failed miserably and that they now have a chance to get it right. Imam Elder Bishop Rabbi Walking De’Voe Jones gave no address for the record. He welcomed Councilman Striplin and further expressed his disappointment in the selection process. It is his opinion that even though the process was approved by the Alabama League of Municipalities that it was not the best approach to protect the integrity of the process. He further stated that a special election should have been held in an effort to allow the citizens to vote for their representative. Jeannie Nichols who has a vested interest at 968 E. Main Street explained that it is the responsibility of the voter to ask questions of their elected officials. She stated that small business owners are struggling to survive and are competing with internet sales. She asked that the elected officials take the same furlough that they are asking of the City employees. It is her opinion that the increased tax rate will hurt our tax base by losing shoppers that come from surrounding cities. She expressed her appreciation to our Police and Fire Departments for being the best in the state and credited them as a contributing factor for our low crime rate. She was displeased with the fact that Prattville’s elected officials are paid more than the elected officials in Birmingham. Councilman Boles commented that he would only support the furloughs if he would also be furloughed. He also clarified that he and Mayor Gillespie had agreed to write a check back to the City for their share. Jim Blink, 101 Whitetail Court, asked the Council to vote against Resolution number 1 to purchase sod for the Sports Complex. He thanked the Public Safety employees for their professionalism when his daughter was involved in an accident. He explained that raising taxes hit small business owners twice and that shoppers coming from surrounding cities to save 1 ½% may not travel here to save ½%. Jerry Cimis, 141 N. Chestnut Street, distributed a spread sheet regarding the Exchange Cooperative District Project K agreement. He asked that the contract with Medline include a reversionary clause to guarantee the return of the land in the event Medline goes bankrupt. Councilman Renegar asked Mr. Cimis to provide him with facts regarding his statements. Patricia Cummings, 1208 Kenwood Court, stated her opinion that the budget adopted October 5, 2010 was a farce, a disaster and that Councilmen shouldn’t expect the citizens to believe that they spent hundreds of hours preparing it. She stated that it was obvious in 2008 that the City was in trouble but now they are each acting surprised. She asked that they each serve out the remainder of their terms without pay and benefits. She said she is ashamed and reminded them that they are elected to serve the taxpayers. She asked that they “man up” and admit that they did this. She urged them to get behind Mayor Gillespie. Steven Brooks, owner of Carol Brooks Home & Holiday Shoppe, 167 W. Main Street, expressed his displeasure with raising the taxes to 9 ½% and asked that they adjust it to ¼ or ½%. He stated that we have a gorgeous historic downtown that is utilized all hours of the day by citizens taking photos, painting, and sitting on the creek walk. He feels safe with the visibility of police officers who routinely patrol throughout the downtown business district. Dennis Mullins, 111 Danya Drive, stated that he had also put in hundreds of hours of work on the City’s budget and reported that the Sanitation department is in the black by a considerable amount. He reported that he had come to City Hall to get copies of tonight’s proposed Resolutions and Ordinances and was told that the City doesn’t do that. He asked how people can speak intelligently on specific issues without having those documents. He displayed that he did in fact, acquire the mentioned proposals. He expressed his desire to be part of the budget process. For the record, Councilman Boles stated that he did not vote for the budget that was previously adopted. Council President Miller recognized Boy Scout Troop 79. MAYORS REPORT: Mayor Gillespie distributed his proposed $33.6 million fiscal year 2011 budget to the Council. He thanked department heads and employees, and specifically Acting Finance Director Doug Moseley and Human Resources Director Lisa Thrash for their assistance in the preparation of the budget. He expressed the need to continue all city services and also stated that the difficulties we are facing can be overcome if we all pull together. Mayor Gillespie reported that the Wastewater Department has been running in the red for several years, resulting in the need for an increase in fees. He asked Council President Miller to call for a work session. Councilman Renegar complemented the Mayor on his presentation and asked if the budget preparation was based on employee furloughs, reduction in force, sales tax increase and wastewater fee increase. The Mayor responded that it was and also stated that it included a number of cost saving measures provided by various city staff. Councilman Boles asked if the budget will be available on disc, as he knows that he will be bombarded with requests from citizens. Mayor Gillespie responded that the proposed budget will be posted online on Wednesday morning. COUNCIL REPORTS: Councilman Boles apologized for his statements made at the previous night’s meeting that were directed at department heads. He stated that he was angry and had taken his anger out on department heads, but stood by his statement that City staff is still partially at fault for the City’s financial state. He reported that Mayor Whetstone left office with the City coffers in the black and now, thirteen years later, after much growth and economic development, we are now several million dollars in debt. AGENDA 1. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO PURCHASE SOD FROM 231 TURF MARKET FOR THE DAVID D. WHETSTONE SPORTS COMPLEX. (RESOLUTION BOOK 2011, PAGE 034) The Resolution was held from the February 1st council meeting. Councilman Fank reported that the field was built on a landfill and that it’s sinking. They have already moved dirt on the field and need to cover it with sod. Councilman Boles questioned Leisure Services Director, Drew Peterson if it would be possible to bring in sand and then seed for a cost of about $450.00. Mr. Peterson stated that the seed, which normally takes several weeks to take hold, wouldn’t be ready for games scheduled on March 26. There being no further discussion, the Resolution was adopted with the following results: AYES : WOOD, MILLER, RENEGAR, FANK 4 NAYS : BOLES 1 ABSTAINED : STRIPLIN 1 ABSENT : NONE 0 2. ORDINANCE: TO AMEND ORDINANCE BOOK 95, PAGE 19 TO ADD SECTION 11 REGARDING THE IMPOSITION OF CERTAIN SALES AND USE TAXES. Councilman Renegar made a motion to adopt the Ordinance and Councilman Wood seconded the motion. By point of order, the Ordinance is held until the March 1 council meeting. 3. ORDINANCE: TO AMEND PRATTVILLE CITY CODE ARTICLE III SECTION 13-111, REGULAR MONTHLY CHARGES, AND SECTION 13-112, SAME MINIMUM; FLAT RATE. Councilman Fank made a motion to adopt the Ordinance and Councilman Renegar seconded the motion. By point of order, the Ordinance is held until the March 1 council meeting. 4. RESOLUTION: TO AUTHORIZE AND APPROVE TEMPORARY, MANDATORY FURLOUGHS OF CITY OF PRATTVILLE EMPLOYEES AND ADOPTING A FURLOUGH POLICY AND ADMINISTRATIVE GUIDELINES. (RESOLUTION BOOK 2011, PAGE 035) Councilman Wood made a motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Councilman Wood reported that original deliberations within the Finance Committee included the reduction of 84 employees, but that it would be devastating to the city if that took place. They discussed furloughs in an effort to prevent the loss of as many jobs as possible. Councilman Striplin expressed his concern with the language, temporary, and would like to see an end date. Council President Miller and Human Resources Director, Lisa Thrash, agreed that the intent of the policy as it is written, is for a six month period, beginning April 1 and ending September 30, 2011. She further explained that the number of furlough days may be reduced based on the number of retirees. Mayor Gillespie confirmed to Councilman Wood that the cost savings from furloughs is reflected in the proposed budget. Mrs. Thrash reported that the cost savings from the furloughs is $348,000.00, which includes benefits. Councilman Fank made a motion to hold the Resolution until the April 5, 2011 meeting in anticipation of the number of retirees affecting the designated furlough time. Council President Miller asked that he hold it until the next meeting and Councilman Fank withdrew his motion. Councilman Wood called for the question and Councilman Renegar seconded the motion. With a roll call vote, the call for the question passed: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES 5 NAYS : FANK 1 ABSTAINED : NONE 0 ABSENT : NONE 0 There being no further discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, MILLER, RENEGAR, BOLES 5 NAYS : FANK 1 ABSTAINED : NONE 0 ABSENT : NONE 0 5. ORDINANCE: TO ADOPT AND ENACT A NEW CODE FOR THE CITY OF PRATTVILLE, ALABAMA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. (ORDINANCE BOOK 2011, PAGE 006) This Ordinance was held from the February 1, 2011 meeting. There being no further discussion, the Ordinance was adopted with the following vote: AYES : STRIPLIN, WOOD, MILLER, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: TO AUTHORIZE THE EXPENDITURE OF INDIVIDUAL GROUP HEALTH INSURANCE TO RETIREMENT ELIGIBLE EMPLOYEES. (RESOLUTION BOOK 2011, PAGE 036) Councilman Renegar made a motion to adopt the Resolution and Councilman Boles seconded the motion. Councilman Renegar asked Mayor Gillespie if his proposed budget included health insurance being withdrawn from elected officials and part time employees. The Mayor confirmed that was included in the plan. Councilman Fank made a motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, MILLER, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 CLOSING COMMENTS: Mayor Gillespie thanked all citizens for attending tonight’s meeting and stated that it has been very difficult for everyone the past few months. He stated that City services are premiere services and the employees and department heads are the best in the State. He further promised to continue to work hard. Councilman Striplin thanked the Mayor and staff for assembling the budget. Councilman Wood thanked the Mayor and city employees. He expressed his appreciation to those who worked with the Finance Committee and the Council. Councilman Fank applauded the City staff for their hard work and staying the course. Council President Miller announced a work session to be held Tuesday, February 22 at 6:00 p.m. at Doster Memorial Community Center and a work session/public hearing on Thursday, February 24 at 6:00 p.m. in the Council Chambers to discuss the proposed budget. President Miller commended those who addressed the Council tonight and that some of the comments were tough to hear, but needed to be heard. He stated that City employees are public servants and that they make a difference. He further stated that while still facing challenging times ahead, he is ready to move forward. ADJOURN: There being no further business to come before the Council, Councilman Renegar made a motion to adjourn and the motion was seconded by Councilman Fank. The meeting adjourned at 8:00 p.m. APPROVED: ______________________ Gina P. Smith City Clerk ________________________ Thomas M. Miller, President Prattville City Council Submitted By: _______________________ Stephanie J. Southerland Assistant City Clerk