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Minutes 2011-04-05PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, APRIL 5, 2011 6:00 P.M. The Prattville City Council met in regular session on Tuesday, April 5, 2011, at 6:00 p.m. in the Council Chambers at City Hall. Roll was called and Councilman Fank was recorded as being absent. After the Pledge of Allegiance to the American Flag, Councilman Renegar gave the invocation. Council President Miller announced that Councilman Fank is absent due to a job related commitment. Councilman Fank previously informed the City Clerk’s office that he would be out of state on business. THE CHARACTER TRAIT OF THE MONTH IS HUMILITY: Recognizing my abilities and limitations. APPROVAL OF MINUTES: City Council meeting March 22, 2011. Councilman Renegar made the motion to approve the minutes and Councilman Boles seconded the motion. The minutes were approved (6-0). Councilman Argo made a motion to correct the minutes approved on November 2, 2010 to read as follows: October 19, 2010 City Council meeting, October 25, 2010 Work Session and October 26, 2010 Special Session. Councilman Renegar seconded the motion. The minutes were amended (5-0) with Councilman Striplin abstaining. COMMENTS FROM PERSONS PRESENT: John Paul O’Driscoll, 403 Harvest Loop, Prattville, AL spoke on behalf of PALS and distributed garbage bags as an invitation to participate in the Spring Cleanup Day on April 23. Councilman Argo encouraged Mr. O’Driscoll to make contact with Governor Bentley’s office in an effort to continue funding from the State for the PALS program. Arthur Coleman, 470 Durden Road, Prattville, AL asked to perform lobbyist work for the City during Legislative sessions. He moved here following five tours of duty in Iraq. Council President Miller recognized members of the YMCA Senior Leaders Club. MAYORS REPORT: Mayor Gillespie stated that item number 7 on tonight’s agenda is an annual renewal, and not a new tax. Councilman Wood asked that they each look at the 2006 Alabama Productivity Center Report seriously and take the suggested actions. He further stated that he had not seen the report prior to Mayor Gillespie’s distribution. Councilman Argo also stated that he had never seen this Report prior to the budget planning and asked that a copy be provided to each Council member. COUNCIL REPORTS: Councilman Argo would like to schedule a Wastewater Committee meeting next week. Councilman Renegar would like to schedule a Fire Committee meeting on Monday. Councilman Boles would like to schedule a Building Committee meeting next week. Council President Miller stated that the Council would continue to look at areas to cut costs. AGENDA Councilman Boles made a motion to move item number 6 after item number 11 and Councilman Striplin seconded the motion. The motion carried (6-0). Ordinance Book 2008, Page 019, To Set Council procedures, specifies in Section 22, that all ordinances, resolutions or propositions submitted to the council which require the expenditure of money shall lie over until the next meeting; provided further, that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of officers, or wages of employees. Therefore, it is necessary to suspend the rules on agenda item numbers 1, 3, 6, 8, 9, 10, 12, 13, 14. 1. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO RIVERTREE TO PROVIDE AUDITING SERVICES. (RESOLUTION BOOK 2011, PAGE 057) Councilman Striplin made the motion to adopt the Resolution and Councilman Argo seconded the motion. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 2. RESOLUTION: PETITION FOR VACATION OF A PORTION OF SMITH AVENUE. (RESOLUTION BOOK 2011, PAGE 058) Councilman Argo made the motion to adopt the Resolution and Councilman Wood seconded the motion. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 Councilman Wood asked for point of order to re-address item number 1. Councilman Argo made the motion to reconsider item number 1 and Councilman Wood seconded the motion. The motion passed (6-0). 1. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO RIVERTREE TO PROVIDE AUDITING SERVICES. (RESOLUTION BOOK 2011, PAGE 057) Councilman Argo made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 3. RESOLUTION: REQUEST TO RELEASE FUNDS TO PURCHASE BUILDING AND SUPPLIES FOR THE RECYCLING CENTER ON RIDGEWOOD ROAD. Councilman Wood made a motion to adopt the Resolution and Councilman Argo seconded the motion. By point of order, this Resolution automatically holds until the next meeting. 4. RESOLUTION: TO SET A PUBLIC HEARING TO ZONE PROPERTY LOCATED OFF OF COUNTY ROAD 4 AND CORLEY ROAD. (RESOLUTION BOOK 2011, PAGE 059) Councilman Renegar made a motion to adopt the Resolution and Councilman Argo seconded the motion. There being no discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 Councilman Renegar introduced the proposed Ordinance and made a motion to adopt it. Councilman Argo seconded the motion. By point of order, the proposed Ordinance was held until the May 3rd public hearing. 5. RESOLUTION: TO SET A PUBLIC HEARING TO GRANT A LOUNGE RETAIL LIQUOR, CLASS II PACKAGE STORE LICENSE TO RADHA, LLC, KARTIKEY & KALPANABEN PATEL, D/B/A HANGOVER PACKAGE. (RESOLUTION BOOK 2011, PAGE 060) Councilman Boles made a motion to adopt the Resolution and Councilman Wood seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 7. RESOLUTION: TO LEVY 7 MILLS AD VALOREM TAX IN THE CITY OF PRATTVILLE (RESOLUTION BOOK 2011, PAGE 061) Councilman Striplin made a motion to adopt the Resolution and Councilman Renegar seconded the motion. Councilman Renegar stated that this is an annual confirmation of the current ad valorem tax, keeping the millage rate the same. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 8. RESOLUTION: REQUEST TO RATIFY AND AFFIRM LODGING EXPENSES FOR EDWARD CLINTON’S ATTENDANCE IN LEADERSHIP ALABAMA. (RESOLUTION BOOK 2011, PAGE 062) Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Wood 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 results: AYES : STRIPLIN, WOOD, ARGO, MILLER, BOLES 5 NAYS : RENEGAR 1 ABSTAINED : NONE 0 ABSENT : NONE 0 9. ORDINANCE: TO AMEND ORDINANCE BOOK 2011, PAGE 007, CITY CODE CHAPTER 66, ARTICLE III SECTION 66-358: REGULAR MONTHLY CHARGES-SCHEDULE. (ORDINANCE BOOK 2011, PAGE 012) Councilman Wood made a motion to adopt the Ordinance and Councilman Boles seconded the motion. Councilman Boles made a motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 10. RESOLUTION: TO ADJUST THE FISCAL YEAR 2011 GENERAL OPERATING FUND BUDGET. Councilman Renegar made a motion to adopt the Resolution and Councilman Wood seconded the motion. Councilman Renegar made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were not suspended (5-1). By point of order, this Resolution holds until the April 19th meeting. 11. ORDINANCE: REQUEST TO CREATE THE URBAN MANAGEMENT DEPARTMENT AND APPOINT KEN JOHNSON AS DIRECTOR OF URBAN MANAGEMENT. (RESOLUTION BOOK 2011, PAGE 015) Councilman Boles made a motion to adopt the Ordinance and Councilman Argo seconded the motion. Councilman Wood made a motion to suspend the rules and Councilman Argo seconded the motion. The rules were suspended (6-0). Councilman Argo stated that while he supports this, he would like an explanation from the Mayor regarding this change. Mayor Gillespie reported that the intent is to streamline lawn maintenance services currently being provided by the Street Department, Department of Leisure Services, and the Horticulture Division of the Planning Department and believes that it will be more efficient. There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: TO ADDRESS SALARY AND WAGES FOR INTERIM DEPARTMENT HEADS FOR FISCAL YEAR 2011. (RESOLUTION BOOK 2011, PAGE 064) Councilman Striplin made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Wood made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were suspended (6-0).Councilman Boles asked if these positions were filled by other personnel if the current Interim Department Heads would revert to their prior positions and pay. Mayor Gillespie confirmed that to be correct. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 12. RESOLUTION: TO AUTHORIZE THE HIRING OF SEASONAL LEISURE SERVICES EMPLOYEES. (RESOLUTION BOOK 2011, PAGE 065) Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Argo made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were suspended (6-0). Councilman Wood asked why the City is trying to reduce expenses and additional expenses are being brought before the Council. Leisure Services Director, Drew Peterson reported that the funding requested for specific programs reach a wide range of citizens, youth and adults, and staff is needed to implement those programs. The Summer Youth program and swimming lesson fees cover the funding for those services. Councilman Argo stated that the Leisure Services Committee supported this Resolution unanimously. Councilman Renegar asked for provision of the budget neutral items in writing before voting. Councilman Argo responded that there is no requirement for a written plan. Mayor Gillespie stated that the passage of this Resolution is time sensitive in order to advertise for personnel and some fees have already been paid for the programs. Councilman Renegar asked Human Resources Director, Lisa Thrash, how this does not terminate the City’s hiring freeze. Mrs. Thrash stated that the only personnel being requested are for seasonal leisure services employees. Any future hires would also require Council approval. Mrs. Thrash stated that the Council is in a position to determine if they wish to hire these personnel. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, BOLES 5 NAYS : RENEGAR 1 ABSTAINED : NONE 0 ABSENT : NONE 0 13. RESOLUTION: TO AUTHORIZE DEMOLITION OF STRUCTURE LOCATED AT 737 WILLIAMWOOD COURT. (RESOLUTION BOOK 2011, PAGE 066) Councilman Striplin made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Argo made a motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (6-0). Councilman Striplin asked if a lien could be placed on the property. City Planner, Joel Duke, responded by saying that the Council would have to vote on a later date to fix the costs and place the lien on the property. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 14. RESOLUTION: TO AUTHORIZE DEMOLITION OF STRUCTURE LOCATED AT 745 WILLIAMWOOD DRIVE. (RESOLUTION BOOK 2011, PAGE 067) Councilman Renegar made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Wood made a motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (6-0). There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 15. RESOLUTION: TO ACCEPT MAINTENANCE OF PENDLEBROOKE SUBDIVISION, PLAT 1. (RESOLUTION BOOK 2011, PAGE 068) Councilman Boles made a motion to adopt the Resolution and Councilman Argo seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 16. ORDINANCE: TO AMEND CITY CODE, CHAPTER 2, ARTICLE III, SECTIONS 2-93 AND 2-94. (RESOLUTION BOOK 2011, PAGE 013) Councilman Renegar made a motion to adopt the Ordinance and Councilman Argo seconded the motion. Councilman Wood made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were suspended (6-0). Councilman Renegar stated that the intent of this Ordinance is to remove City residency requirements for the City Clerk and Finance Director positions. He further stated that it is his opinion that either all Department Heads or none of them should have residency requirements. There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 17. ORDINANCE: TO AMEND CHAPTER 2, ARTICLE II, DIVISION 2. RULES OF ORDER AND PROCEDURE, SEC. 2-51. ORDER OF BUSINESS. Councilman Argo made a motion to adopt the Ordinance and Councilman Striplin seconded the motion. Because Ordinances are generally held for 2 weeks, it is necessary for the council rules to be suspended if immediate action is to be considered. Councilman Argo would like for the Council to have two more weeks to review this before passage. By point of order, this item automatically holds until the April 19th meeting. 18. RESOLUTION: TO AMEND RESOLUTION BOOK 2008-A, PAGE 049, TO PROVIDE PROCEDURE AND CRITERIA FOR THE ESTABLISHMENT OF COUNCIL MEETINGS, AGENDA AND AGENDA PACKET. Councilman Argo made a motion to adopt the Resolution and Councilman Boles seconded the motion. Councilman Argo made a motion to hold this item until the May 3rd Council meeting and Councilman Renegar seconded the motion to hold. This item is held until April 19th (6-0). 19. ORDINANCE: TO AMEND ORDINANCE BOOK 2011, PAGE 010, REQUEST TO SURPLUS LOST, STOLEN, UNCLAIMED, CONFISCATED PROPERTY FROM THE POLICE DEPARTMENT. (ORDINANCE BOOK 2011, PAGE 014) Councilman Striplin introduced the Ordinance from the floor and made a motion to adopt it. Councilman Wood seconded the motion. Because the Ordinance did not appear on the evening’s agenda, it is necessary for the council rules to be suspended. Councilman Argo made a motion to suspend the rules and Councilman Boles seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 CLOSING COMMENTS: Mayor Gillespie thanked all employees and Department Heads for their hard work and thanked Ken Johnson for his contributions to the City. Councilman Renegar called a Fire Committee meeting for Monday, April 11th at 7:00 a.m. at the City Hall Annex. Councilman Boles invited everyone to the Bark in the Park on Saturday, April 16th at Cooter’s Pond Park. Council President Miller stated his appreciation for the contributions of all city employees. 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 Argo. The meeting adjourned at 7:26 p.m. APPROVED: ______________________ Stephanie J. Southerland Interim City Clerk ________________________ Thomas M. Miller, President Prattville City Council