Minutes 2011-12-061
PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, DECEMBER 6, 2011
6:01 P.M.
The Prattville City Council met in regular session on Tuesday, December 6, 2011, at 6:01 p.m.
in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag,
Councilman Wood gave the invocation. Roll was called and all councilmen were recorded as
being present.
THE CHARACTER TRAIT OF THE MONTH IS BENEVOLENCE: Pursuing the good
in others.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting November 15, 2011
and Special Session November 21, 2011. Councilman Argo made the motion to approve and
Council President Pro Tempore Fank seconded the motion. The minutes were approved (7-0).
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
Council President Renegar recognized State Representative Paul Beckman.
Jerry Cimis, 141 North Chestnut Street, Prattville, addressed the council regarding agenda
item #1. Mr. Cimis stated that he had spoken to several council members regarding the
Ordinance, specifically paragraph A. Mr. Cimis recommended that the council either amend
paragraph A or delete it completely.
Councilman Argo apologized to Mr. Cimis for not being able to speak with him. Council Argo
asked Mr. Cimis to provide his recommended language for paragraph A and stated that he
would read the Ordinance with the new language so there would not have to be an
amendment.
MAYOR’S REPORT:
Mayor Gillespie requested that the council allow State Representative Paul Beckman to speak
at this time. The council permitted Mr. Beckman to speak.
State Representative Paul Beckman announced that December is the month of giving and
presented Mayor Gillespie with a check for $6,783.00 as a donation to the City of Prattville.
Mayor Gillespie accepted the check.
Mayor Gillespie called the Autauga Creek Improvement Committee to the podium to
re-present to them the Governor’s Award. The Mayor thanked the committee for all of their
hard work.
Mayor Gillespie thanked Leadership Autauga County for their donation of funds and
materials that will be used for minor projects behind City Hall.
Mayor Gillespie announced that he would like to pull together another citizen based
committee to evaluate the Recycling Center.
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Mayor Gillespie stated that he had called a Department Head Meeting on Monday to discuss
the city’s needs for the 2014 area. Department heads from the Planning, Engineering, Urban
Management and Leisure Services will be attended. The Mayor stated that Councilman Boles
attended the meeting as well. The Mayor explained that the City owns property off of Main
Street that he would like to see turned into a walking and bike trail.
The Mayor commented, regarding agenda item #1, that there was a five year sales tax plan
presented to the council approximately ten months ago. The Mayor stated that whatever
funding the council provided him, he would deliver the product.
Mayor Gillespie announced that the Christmas Parade had one hundred and five entries and
approximately twelve thousand spectators. The Mayor stated that due to the traffic control
provided by the Community Emergency Response Team (C.E.R.T.) the city saved
approximately $1,410.00. The Mayor thanked Kellie Cook, Ken Johnson, Eddie Davis, Robby
Anderson, Prattville Police Department, Prattville Fire Department and John McDaniel for
their roles in the Christmas Parade.
Mayor Gillespie announced that the second week in July would be the start of the 2013
budget process.
Mayor Gillespie asked that agenda item # 8 be held and agenda item #9 be passed.
Mayor Gillespie congratulated the Prattville High School football team for their recent win
against Hoover.
Councilman Boles also congratulated the Prattville High School Football Team.
REPORTS FROM COUNCIL ON SPECIAL COMMITTEES:
Councilman Wood announced that he would be leaving in fifteen minutes due to a family
matter. Councilman Wood encouraged the council to pass agenda item #1, so that they could
move forward with the budget. Councilman Wood stated that he supported the “Hybrid
Budget” that the Mayor had before them and urged the council to move forward.
Councilman Argo encouraged the council to move forward on agenda item #10 which
pertained to Waste Water rate changes.
Councilman Miller reported that the Fire Committee planned to introduce an ambulance
contract at the December 20, 2011 council meeting. Councilman Miller announced that he
planned to bring a Resolution forward at the December 20, 2011 council meeting regarding
the city’s health insurance being available for the council and appointed positions.
AGENDA
1. ORDINANCE: TO AMEND CITY CODE DIVISION 2. SALES TAX, SECTION 38-
92 (C) IMPOSITION OF CERTAIN SALES AND USE TAXES.
Councilman Argo made a motion to adopt the Ordinance and Councilman Boles seconded the
motion. Councilman Boles made a motion to suspend the rules and Councilman Argo
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seconded the motion. Councilman Argo stated that according to the City Attorney no
amendments were necessary and encouraged the council to suspend the rules. The rules were
suspended (7-0). Councilman Argo apologized to the council for an article in the newspaper
which accused him of counting his votes and assured the council that the accusation was false.
Councilman Wood left at 6:39 p.m. Councilman Argo stated that he would support a sales tax
extension through the fiscal year , if at the end of the fiscal year it reduces and eventually goes
away. Councilman Boles stated that the council should keep the sales tax increase and went
on to say if the sales tax was extended for ten years the city would be completely out of debt.
Councilman Boles made a motion to amend the Ordinance and Councilman Miller seconded
the motion. The Ordinance was amended as follows with a vote of (4-2):
Line 16 amended to read- Section 38-92 (a) and (b), there shall be an additional one (1)
percent (%) tax levied. There being no further discussion the Ordinance fails with the
following results:
AYES : MILLER, RENEGAR, BOLES 3
NAYES : FANK, ARGO, STRIPLIN 3
ABSTAINED : 0
ABSENT : WOOD 1
2. RESOLUTION: TO ADOPT THE CITY OF PRATTVILLE FISCAL YEAR
2011/2012 GENERAL OPERATING FUND BUDGET. (HELD FROM NOVEMBER
1, 2011) (HELD FROM NOVEMBER 15, 2011) (HELD FROM DECEMBER 6, 2011)
Council President Renegar passed the gavel to Council President Pro Tempore Fank and
Council President Pro Tempore Fank recognized Council President Renegar. Council
President Renegar introduced a Substitute Resolution. Council President Renegar made a
motion to adopt and Councilman Boles seconded the motion. Councilman Striplin asked if
the Substitute Resolution’s attached “Hybrid Budget” included the two Enterprise Funds.
Council President Renegar responded that it does include the two Enterprise Funds.
Councilman Boles asked if the Substitute Resolution’s attached “Hybrid Budget” was based
on the sales tax increase extending throughout the fiscal year. Mayor Gillespie responded that
it was based on the sales tax increase extending throughout the fiscal year. Councilman Boles
made a motion to hold the Substitute Resolution and Councilman Argo seconded the motion.
Councilman Argo stated that he was in favor of the motion to hold due to the Ordinance
pertaining to the sales tax increase failing and the fact that he would like more time to review
the Substitute Resolution and attached “Hybrid Budget”. Council President Renegar called
point of order to Council President Pro Tempore Fank that the council had not voted to
substitute the Resolution. The Resolution was substituted (6-0). Councilman Boles made a
motion to hold the Substitute Resolution and Councilman Argo seconded the motion. There
being no further discussion the Substitute Resolution was held with the following results:
AYES : STRIPLIN, ARGO, 5
MILLER, BOLES, FANK
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NAYES : RENEGAR 1
ABSTAINED : 0
ABSENT : WOOD 1
3. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN
AGREEMENT WITH FBAC FOR ACTUARIAL SERVICES AT A COST OF
$5,000.00. (RESOLUTION BOOK 2011-A, PAGE 069)
Councilman Striplin made a motion to adopt the Resolution and Council President Pro
Tempore Fank seconded the motion. Councilman Argo stated that the Resolution does not
specify where the funds will be coming from and needed to be amended. Councilman Argo
made a motion to amend and Councilman Boles seconded the motion. The Resolution was
amended (6-0) as follows:
Line 49- intent of this Resolution. Payment for such services shall be paid from the General
Fund.
Councilman Striplin made a motion to adopt the amended Resolution and Councilman Argo
seconded the motion. There being no further discussion the Resolution was adopted with the
following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
4. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT
NOT TO EXCEED $596.96 FOR THE REVENUE OFFICER AND REVENUE
CLERK TO ATTEND MUNICIPAL REVENUE TRAINING. (RESOLUTION BOOK
2011-A, PAGE 070)
Councilman Miller made a motion to adopt the Resolution and Councilman Boles seconded
the motion. There being no further discussion the Resolution was adopted with the following
results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
5. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT
NOT TO EXCEED $920.00 FOR WASTE WATER DEPARTMENT TO REPAIR
MANHOLE BASE ADJACENT TO THE ROBERT TRENT JONES GOLF COURSE.
(RESOLUTION BOOK 2011- A, PAGE 071)
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Councilman Argo made a motion to adopt the Resolution and Council President Pro Tempore
Fank seconded the motion. Councilman Boles called point of order to recognize Mayor
Gillespie who was waiting to speak. The Mayor informs the council that they needed to
suspend the rules on any Resolution expending money since the budget did not pass. City
Attorney David McDowell advised the council to make an oral motion to ratify and affirm
agenda item numbers 3 and 4. Councilman Striplin made a motion to ratify and affirm
agenda item numbers 3 and 4 and Councilman Miller seconded the motion. Agenda item
numbers 3 and 4 were ratified and affirmed (6-0). Councilman Argo made a motion to
suspend the rules and Councilman Boles seconded the motion. The rules were suspended (6-
0). There being no further discussion the Resolution was adopted with the following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
6. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT
NOT TO EXCEED $900.00 FOR PRATTVILLE POLICE DEPARTMENT HAND
HELD RADIO REPAIR. (RESOLUTION BOOK 2011-A, PAGE 072)
Councilman Striplin made a motion to adopt the Resolution and Councilman Boles seconded
the motion. Councilman Argo made a motion to suspend the rules and Council President Pro
Tempore seconded the motion. The rules were suspended (6-0). There being no further
discussion the Resolution was adopted with the following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
7. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN THE AMOUNT
OF $1,290.00 FOR PAYMENT TO THE ALABAMA AMATEUR SOFTBALL
ASSOCIATION FOR THE OFFICIATING OF THE CITY OF PRATTVILLE FALL
ADULT SOFTBALL LEAGUE. (RESOLUTION BOOK 2011-A, PAGE 073)
Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilman
Argo seconded the motion. Councilman Boles made a motion to suspend the rules and
Councilman Argo seconded the motion. The rules were suspended (6-0). There being no
further discussion the Resolution was adopted with the following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
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ABSENT : WOOD 1
8. RESOLTUON: TO AUTHORIZE THE CITY ATTORNEY TO FILE “WEEDED
LIENS” ON CERTAIN PROPERTIES. (HELD UNTIL DECEMBER 20, 2011)
Councilman Boles made a motion to adopt the Resolution and Councilman Striplin seconded
the motion. Councilman Boles made a motion to hold the Resolution and Council President
Pro Tempore Fank seconded the motion. There being no further discussion the Resolution
was held with the following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
9. RESOLUTION: TO AUTHORIZE THE MAYOR TO RENEW THE AGREEMENT
FOR THE OPERATION OF OLDER AMERICANS ACT -TITLE III COMMUNITY
PROGRAMS ON AGING CONTRACT WITH CENTRAL ALABAMA AGING
CONSORTIUM.( RESOLUTION BOOK 2011-A, PAGE 074)
Councilman Miller made a motion to adopt the Resolution and Councilman Striplin seconded
the motion. There being no further discussion the Resolution was adopted with the following
results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
ABSTAINED : 0
ABSENT : WOOD 1
10. ORDINANCE: TO AMEND PRATTVILLE CITY CODE CHAPTER 66, ARTICLE
III SECTION 66-358, REGULAR MONTHLY CHARGES-SCHEDULE AND
SECTION 66-359, SAME-MINIMUM; FLAT RATE. (ORDIANCE BOOK 2011 PAGE
028)
Councilman Argo made a motion to adopt the Ordinance and Councilman Striplin seconded
the motion. Councilman Argo made a motion to suspend the rules and Councilman Boles
seconded the motion. The rules were suspended (6-0). Councilman Striplin asked if the
Ordinance would permanently fix rates and Councilman Argo responded that it was his
understanding that it does not fix rates. There being no further discussion the Ordinance was
adopted with the following results:
AYES : STRIPLIN, ARGO, RENEGAR 6
MILLER, BOLES, FANK
NAYES : 0
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ABSTAINED : 0
ABSENT : WOOD 1
Councilman Argo announced that he was prepared to bring a Resolution, regarding District
88, from the floor but would not be doing so tonight. Councilman Argo stated the he was
opposed to Prattville having two State Representatives. Councilman Argo also stated that he
would like to do some fine tuning to the Resolution before bringing it up at the December 20,
2011 council meeting.
COMMENTS FROM PERSONS PRESENT:
Mark Rhodes, 583 Upper Kingston, Prattville. Mr. Rhodes addressed the council regarding
agenda item #2. Mr. Rhodes stated that he was a fire fighter and local 41/40 Union President
and expressed his concerns about losing fire fighters due to the budget not being passed. Mr.
Rhodes stated that he had asked Councilman Miller to explain the budget to him and thanked
Councilman Argo for speaking to him regarding the budget. Mr. Rhodes asked why
Councilman Wood was absent.
Council President Renegar responded to Mr. Rhodes question as to why Councilman Wood
was absent and stated that Councilman Wood had to leave due to a very important family
matter. The Council President informed Mr. Rhodes that he had proposed the “Hybrid
Budget” and it had been held. The Council President also informed Mr. Rhodes that he would
be proposing a new sales tax resolution.
Mr. Rhodes pointed out that the city had spent $30,000.00 to train some of the fire fighters
that are leaving.
Cathy Perry, 1266 Huie Street, Prattville. Mrs. Perry addressed the council and encouraged
them to extend the sales tax and increase and pass the Resolution pertaining to the Budget.
Alison Gray, 1698 Old Country Road, Deatsville. Mrs. Gray reminded the council that
Councilman Wood had announced, before he left the meeting, that he wanted the Ordinance
pertaining to the sales tax increase to be passed and asked why that could not be counted as
his vote.
Council President Renegar informed Mrs. Gray that a councilmember could only vote when
the item is properly before them and it was not at the time Councilman Wood encouraged the
council to pass the Ordinance.
Ronnie Brant, 258 Teri Lane, Prattville. Mr. Brant addressed the council to ask if another
Ordinance regarding the sales tax increase would be brought up at the next council meeting.
Councilman Renegar responded that yes, there was a very real possibility that another
Ordinance pertaining to the sales tax increase would be brought up at the next council
meeting.
Mr. Brant asked if a new budget would be addressed at the next council meeting.
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Council President Renegar informed Mr. Brant that the “Hybrid Budget” is the one that is
properly before us now and will be re-addressed at the next council meeting.
CLOSING COMMENTS:
The Mayor would like to have a meeting regarding the 2014 area soon and the council is
invited.
The Mayor stated that he enjoyed the football game in Tuscaloosa.
Councilman Striplin expressed his appreciation to all of the city employees and Kellie Cook
for organizing the Christmas Parade and Christmas Tree Lighting. Councilman Striplin
thanked the Police Chief for using the Community Emergency Response Team C.E.R.T. to
help with directing traffic. Councilman Striplin also thanked the Autauga Creek Improvement
Committee because what they do benefits the entire city.
Councilman Argo stated that he had served on the council for 15 years and in those 15 years
there have been several difficult decisions that have had to be made. One of those decisions
was in 1996 when the city borrowed six million dollars to build a golf course and the Mayor at
that time and several Councilmembers were against that but looking back that I don’t think
anyone in would say that was a bad decision . Councilman Argo thanked the council for
remembering that it’s the decisions that you make that matter not he time limit that you take
to make them.
Councilman Boles stated that he agreed with Councilman Argo that the decisions that are
made are very important but at the end of the day we have to pay our bills. Councilman Boles
stated that the tax increase extension was about paying our bills.
Council President Pro Tempore Fank addressed Mrs. Alison Gray and the city employees and
stated that the council members understand that they would need a sales tax increase in place
for this budget. Council President Pro Tempore Fank stated that he supported the
continuation of the sales tax increase.
ADJOURN:
There being no further business to come before the council, Councilman Argo made a motion
to adjourn and Councilman Miller seconded the motion. The meeting adjourned at 8:00 p.m.
APPROVED:
___________________________
Jamie F. McClellan
Interim City Clerk
___________________________
Michael E. Renegar, President
Prattville City Council