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Minutes 2011-06-07PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, JUNE 7, 2011 6:04 P.M. The Prattville City Council met in regular session on Tuesday, June 7, 2011, at 6:04 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 recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS JOYFULNESS: Finding satisfaction in what is good. APPROVAL OF MINUTES: Public Hearing & City Council meeting May 17, 2011. Councilman Fank made the motion to approve the minutes and Councilman Miller seconded the motion. The minutes were approved (7-0). Mayor Gillespie asked for permission that his report be moved ahead of public comments on the agenda, which Council President Renegar granted. MAYOR’S REPORT: Mayor Gillespie read a prepared statement assuring the public that the requested budget amendments do not include any new loans. The Mayor asked that agenda item numbers 3, 5 and 7 be held to be discussed at a work session before the next Council meeting. Mayor Gillespie reported that the May sales tax revenue for the month of April show a net increase of 1.57%. The Mayor was pleased to announce that he has renegotiated the LPGA contract and was able to eliminate the payment of $240,000.00. The City of Prattville will continue to provide in-kind services for the tournament. Mayor Gillespie has met with a citizen committee addressing the options available to possibly opening the City Pool for public use, and was pleased to announce that the pool would be open on Saturdays, beginning June 11th from 10 a.m. until 5:00 p.m. The Mayor thanked City staff for their attendance at the Employee Appreciation luncheon. Councilman Boles asked the Mayor to clarify the amendments to the budget regarding loans, that it is simply paperwork and not a new loan, representing the last bond loan payment. Mayor Gillespie responded by saying that is correct and that Governmental Accounting is the most accurate and transparent for municipalities. Councilman Boles further asked if he understood correctly that there will be no expense to have the Navistar LPGA, only in-kind services. He further thanked the Mayor for sponsoring the Employee Appreciation luncheon. Mayor Gillespie assured Councilman Boles that was correct. Mayor Gillespie stated that there are already plans to provide another employee appreciation luncheon and the menu will probably be wild game. Councilman Wood expressed his appreciation for the hard work from everyone and clarified again that the City is not taking any more loans. He further thanked the Mayor for the pool opening and encouraged him to continue the efforts to get the pool open another day or two during the week. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: NONE. COUNCIL REPORTS: Councilman Argo reported that the Redistricting Committee has met with City Planner, Joel Duke, to discuss a proposed schedule on how to proceed with the redistricting prior to the 2012 election. There is a proposed resolution on tonight’s agenda to set a public hearing for Monday, June 20, 2011. He stated that there would be another Public Hearing, at a later date to discuss preliminary district lines. It has been determined that Districts 1 and 4 have grown and will lose population from their Districts, which will bring an increase in population to the other Districts. Councilman Argo asked for support of item number 6 on the regular agenda, due to the Redistricting being based on the 2010 census. Councilman Argo stated that he has a Resolution to come from the floor, but if the items are held which the Mayor has asked for, there may be no need for the item to come from the floor. Councilman Miller reported that he has met with Chief Brown following his appointment as Chairman of the Fire Committee in order to orient himself in this new role and they are working on a plan for providing Emergency Medical Services to the County. He stated that he will be convening a Fire Committee in the near future and will be bringing pertinent issues to the full Council. Council President Renegar reported that the Finance Committee met last night and covered a great deal of business items. He stated that a copy of the agenda will be placed on the City’s website at the end of this meeting. He asked if anyone had any questions regarding this, please contact him or a member of the Finance Committee. CONSENT AGENDA 1. 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. 2. RESOLUTION: TO SET A PUBLIC HEARING REGARDING ADOPTION OF THE 2009 INTERNATIONAL BUILDING AND FIRE CODE. 3. RESOLUTION: TO SET A PUBLIC HEARING FOR JUNE 20, 2011 TO DISCUSS REDISTRICTING OF COUNCIL DISTRICTS. 4. RESOLUTION: TO APPOINT NATHAN FANK TO THE 911 BOARD. 5. RESOLUTION: TO APPOINT RAY BOLES TO THE PLANNING COMMISSION. 6. RESOLUTION: TO APPOINT CLARENCE “BO” EVANS TO THE INDUSTRIAL DEVELOPMENT BOARD. Council President Pro Tempore Fank made a motion to move items 1 – 6 to a consent agenda and Councilman Wood seconded the motion. Councilman Argo asked Interim Fire Chief, Terry Brown, if there have been meetings/discussions with local builders. Chief Brown assured him that there have been meetings and he doesn’t foresee any issues. All were in favor of moving these items to a consent agenda (7-0).Councilman Argo made a motion to adopt the consent agenda. Councilman Boles seconded the motion. The consent agenda was adopted (7-0) with the following results: AYES: STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS: NONE 0 ABSTAINED: NONE 0 ABSENT: NONE 0 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. (RESOLUTION BOOK 2011, PAGE 099) Councilman Fank made a motion to adopt the Resolution and Councilman Striplin seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 2. RESOLUTION: TO GRANT A RETAIL BEER, OFF PREMISE ONLY, AND RETAIL WINE, OFF PREMISE ONLY TO PIYUSH PATEL, OWNER, D/B/A KING MEAT AND FOOD. (RESOLUTION BOOK 2011, PAGE 100) Councilman Wood made a motion to adopt the Resolution and Councilman Miller seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 3. RESOLUTION: TO AWARD BID #011-001 TO CORNERSTONE CIVIL CONTRACTORS, LLC FOR THE AERATION BASIN IMPROVEMENTS AT AUTAUGA CREEK WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $178,164.93. Councilman Argo made a motion to adopt the Resolution and Councilman Boles seconded the motion. Councilman Argo made the motion to hold this item until the next City Council meeting to be held on June 21, 2011. Councilman Boles seconded the motion to hold this Resolution. Councilman Wood stated that the Finance Committee decided that there was not enough money to move forward with this project at this time. Councilman Miller asked if the City had to pay up front and later get reimbursed by ADECA. Council President Renegar stated that was correct. All were in favor of this item being held (7-0). 4. ORDINANCE: REQUEST TO SURPLUS ONE (1) 2004 HARLEY DAVIDSON AND MISCELLANEOUS AUDIO/VIDEO EQUIPMENT FROM THE POLICE DEPARTMENT AND ONE (1) RICOH SCANNER FROM THE PLANNING DEPARTMENT. (ORDINANCE BOOK 2011, PAGE 020) Councilman Boles made a motion to adopt the Ordinance and Councilman Wood 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 Boles made a motion to suspend the rules and Councilman Argo seconded the motion. The rules were suspended (7-0). Councilman Fank asked if the Harley Davidson is a newer model than the City normally puts in surplus. Interim Police Chief, Tim Huggins, stated that the motor has several minor issues and that the motor hasn’t been used for service in over a year. There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 5. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO A CONATRACT FOR SERVICES WITH GOODWYN, MILLS AND CAWOOD FOR A WASTEWATER STUDY WITH A COST NOT TO EXCEED $3,000.00. Councilman Argo made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Argo made a motion to amend line 51 to include the words “Miscellaneous Contract Services”. Councilman Fank seconded the motion to amend. All were in favor of the amendment (7-0). Councilman Argo made a motion to hold this item until the next City Council meeting to be held on June 21, 2011. Councilman Wood seconded the motion to hold this Resolution. The Ordinance was held until the June 21st council meeting (7-0). 6. RESOLUTION: TO DECLARE A MORATORIUM ON ANY FUTURE ANNEXATIONS OR DE-ANNEXATIONS UNTIL THE AUGUST, 2012 MUNICIPAL ELECTION. (RESOLUTION BOOK 2011, PAGE 101) Councilman Wood made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Boles asked the City Attorney, David McDowell, if this Resolution violates the Voting Civil Right Act of 1965, and can we legally do this since the Legislature has the right to annex and de-annex. Mr. McDowell stated that he would need to look into each of those questions. Councilman Boles made a motion to hold this item for two weeks. There was no second to the motion to hold. Councilman Miller asked City Planner, Joel Duke, how likely annexations or de-annexations would possibly skew the redistricting plans. Mr. Duke stated that while he doesn’t foresee anything, once you are in the process of getting pre-clearance from the Department of Justice you don’t want to make changes to that. Any future annexations may be denied. This Resolution can be rescinded at the council’s will. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, FANK 6 NAYS : BOLES 1 ABSTAINED : NONE 0 ABSENT : NONE 0 7. RESOLUTION: TO ADJUST THE FISCAL YEAR 2011 GENERAL OPERATING FUND BUDGET. Councilman Striplin made a motion to adopt the Resolution and Councilman Boles seconded the motion. Councilman Argo made a motion to hold this item until the next City Council meeting to be held on June 21, 2011. He further asked that a Work Session be called in order to discuss the adjustments to the budget. Councilman Fank seconded the motion to hold this Resolution. The Resolution was held until the June 21st council meeting (7-0). 8. RESOLUTION: TO ACCEPT MAINTENANCE OF WYNFIELD SUBDIVISION, PLAT 6. (RESOLUTION BOOK 2011, PAGE 102) Councilman Fank made a motion to adopt the Resolution and Councilman Striplin seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 9. RESOLUTION: TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH ALABAMA POWER CO. FOR AN EASEMENT AT 1904 BRIARWOOD STREET. (RESOLUTION BOOK 2011, PAGE 103) Councilman Miller made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Miller stated that the easement is necessary for Alabama Power Co. to provide power to a cell tower that is being constructed, and further that this easement will provide a source of revenue from T Mobile. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 10. RESOLUTION: REQUEST TO AUTHORIZE THE RELEASE OF FUNDS NOT TO EXCEED $6,006.00 TO REPAIR THE UV DISINFECTION SYSTEM AT THE PINE CREEK WASTEWATER TREATMENT PLANT. (RESOLUTION BOOK 2011, PAGE 104) Councilman Argo introduced the Resolution from the floor and made a motion to adopt it. Councilman Wood seconded the motion. Because the Resolution 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 Miller seconded the motion. The rules were suspended (7-0). Councilman Argo stated that it is imperative to move forward on these repairs in order to remain compliant with ADEM standards and asked for the council to support the adoption of this budgeted Resolution. There being no further discussion, the Resolution was adopted with the following results: AYES: STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS: NONE 0 ABSTAINED: NONE 0 ABSENT: NONE 0 Councilman Boles, voting on the prevailing side, asked that the Resolution which was not adopted on May 17, 2011 be brought back before the Council for consideration. RESOLUTION: PETITION FOR DE-ANNEXATION OF INTERSECTION OF INTERSTATE 65 AND COBBS FORD ROAD. Councilman Boles made a motion to bring this Resolution back before the Council and Councilman Fank seconded the motion. Councilman Wood asked for clarification that the Resolution adopted tonight to declare a moratorium on annexations and de-annexations would not allow this Resolution to be voted on. City Attorney, David McDowell, stated that the Resolution has been adopted, but does not require the Mayor’s signature to be a valid document. It is his opinion that the moratorium is in effect. Councilman Argo asked the Council not to reconsider this petition because it is his opinion that this is not in the best interest of the City. Councilman Miller questioned why they are voting if the vote carries no effect due to the moratorium. Mr. McDowell stated that if this Resolution passes, they will have to rescind the moratorium. The motion to reconsider was passed with the following results: AYES: MILLER, RENEGAR, BOLES, FANK 4 NAYS: STRIPLIN, WOOD, ARGO 3 ABSTAINED: NONE 0 ABSENT: NONE 0 There being no further discussion, the Resolution failed with the following results: AYES: MILLER, BOLES, FANK 3 NAYS: STRIPLIN, WOOD, ARGO, RENEGAR, 4 ABSTAINED: NONE 0 ABSENT: NONE 0 COMMENTS FROM PERSONS PRESENT: Mr. Tom Dirkse, 109 Tew Street, stated that his trash has not been picked up since May 24th and every time he calls the Sanitation Department he gets a different answer. He believes he is paying for services that he is not receiving. Mayor Gillespie stated that there have been various issues within the Sanitation Department, and if there are any further problems to call him directly at 391-3948. Mr. John DeVoe, 510 Vindale Road, asked that the Council obtain a Mayoral portrait for the previous Mayor, Jim Byard, Jr. Mayor Gillespie stated that there are plans to have the portrait made for the Council Chambers. He also thanked the Council for their diligence in getting the city pool open to the public. Mr. Mark Rhodes, 1583 Upper Kingston, appeared before the council as an 11 year City employee with the Prattville Fire Department, and as President of the Firefighters Union. He reported that the Fire Department shift personnel are getting hit with a higher percentage of pay cuts with the furlough policy. Councilman Boles stated that this has been looked at again and again and asked Councilman Miller, as chair of the Fire Committee look further into this issue. Councilman Boles further asked that they get together as a group of men to see if there’s any way to correct this. Mr. Ed Deplanche, 209 Doe Drive, asked that the Council find a way to open the city pool at least three days per week. He further asked when is the bridge on Highway 82 going to open? Mayor Gillespie stated that there will be another Citizen Committee meeting regarding the pool on Friday at 10:00 a.m. at the Doster Center and invited Mr. Deplanche to attend. The Mayor stated that he has been told the bridge opening is very close. CLOSING COMMENTS: Councilman Striplin thanked Ken Johnson and the Urban Management staff for the beautiful display downtown. He also thanked all of those involved with the recent Touch a Truck event. The creek and creekside are being very well maintained and expressed his appreciation to the Urban Management staff. He thanked the Mayor for sponsoring the Employee Appreciation luncheon. He further stated that he had been in contact with the City Engineer regarding the opening of the bridge and he was told that it would be open by July 4th. Councilman Argo reported that the Miss Alabama contestants, which includes Miss Fountain City Abigail Hardin, are in Birmingham competing for Miss Alabama and he wished her the best of luck. Council President Renegar called for a Work Session to be held on Monday, June 13th at 6:00 p.m. to discuss the items that were held at tonight’s meeting. Mayor Gillespie reported that the Sanitation department will be changing their work hours beginning Monday, June 13th. The Sanitation crews will start to work at 6:00 a.m. in an effort to beat the heat. ADJOURN: There being no further business to come before the Council, Councilman Argo made a motion to adjourn and the motion was seconded by Councilman Fank. The meeting adjourned at 7:25 p.m. APPROVED: ___________________________ Stephanie J. Southerland Interim City Clerk ____________________________ Michael E. Renegar, President Prattville City Council