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CC Minutes 2023.09.05 1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 5, 2023 6:02 P.M. The Prattville City Council met in regular session on Tuesday, September 5, 2023, at 6:02 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilor Chambers gave the invocation. Roll was called with all Councilors recorded as present. Council President Boone declared a quorum and called the meeting to order. THE CHARACTER TRAIT OF THE MONTH IS AVAILABILITY: Willingness to change my schedule and priorities to meet a need. APPROVAL OF MINUTES: Public Hearing and City Council Meeting August 15, 2023. Council President Pro Tempore Strichik made a motion to adopt the minutes and Councilor Merrick seconded the motion. There being no discussion, the minutes were adopted (7-0). Council President Boone gave a synopsis on public comment periods that occur during a City Council meeting and the sign-in procedures in place for tonight’s meeting being anyone wanting to speak at either time for public comments will need to sign in out front. Council President Boone advised speakers would be called up by the sign in list and to state their name and address, then have up to three minutes to address the Council. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jennifer Eisenbery, 181 S. Northington Street, spoke on Agenda Item #7 and being in favor of not signing a contract with the Library and expressed her desire to keep the Library open. Christine Sellers, 1046 E. Poplar Street, spoke on Agenda Item #7 and being in favor of children having access to the Library without adult supervision and her opinion of not signing a contract with the Library. Katie Brown, 748 Glenbrooke Boulevard, spoke on Agenda Item #7 and being in favor of not signing a contract with the Library and expressed her desire to keep the Library open. Ted Halley, 1864 Pendlebrook Drive, spoke on Agenda Item #7 and being in favor of not allowing children to have access to sexually explicit material in the Library. Furman Smith, 1767 Lakeview Drive, spoke on Agenda Item #7 and being in favor of children having access to the Library without adult supervision. Cathee Gipson, 634 Wetumpka Street, spoke on Agenda Item #7 and being in favor of not signing a contract with the Library. Wade Newman, 960 Fireside Drive, spoke on Agenda Item #7 and being in favor of neither side but expressed concern over people letting their passion and anger get out of control. He expressed that all sides need to work together. 2 Adam Hunt, 304 Cranbrook Court, spoke on Agenda Item #7 and being in favor of keeping all books available in the Library and not signing a contract with the Library. Angie Hayden, 910 Silver Creek Court, spoke on Agenda Item #7 and referenced the meeting on the Library where the contract for services was discussed and not being in favor of signing a contract with the Library. James Diamond, 2219 Co. Rd. 19 N., spoke on Agenda Item #7 and being in favor of not censoring books, kids of all ages being able to read books in the Library in their age group and not being in favor of signing a contract with the Library. Samantha Diamond, 2219 Co. Rd. 19 N., spoke on Agenda Item #7 and being in favor of not signing a contract with the Library and getting more input from Library staff. Michael Green, 1310 Dorchester Drive, spoke on Agenda Item #7 and being in favor of not removing funding and not signing a contract with the Library. Sara Crocker, 4419 Bell Chase Drive, spoke on Agenda Item #7 and being in favor of parents teaching self-censorship and being a parent. Matthew Huffman, 104 Scarlet Oak Court, spoke on Agenda Item #7 and being in favor of kids of all ages being able to check out books in the Library and not signing a contract with the Library. Jon Lee Finnegan, 211 Deer Trace, spoke on Agenda Item #7 and questioned who decides what is sexually explicit and in favor of not signing a contract with the Library. Sarah Sanchez, 502 Greystone Way, spoke on Agenda Item #7 and being in favor of having clear boundaries that mirror state obscenity laws for books in the Library and supported a contract for services. Wil Sanchez, 502 Greystone Way, spoke on Agenda Item #7 and being in favor of parents being able to approve the books their children check out in the Library and supported a contract for services. Daniel Weinbak, 1128 Oaks Road, spoke on Agenda Item #7 and being against unrestricted access to sexually explicit books in the Library and the need for consent from parents. Caedom Craig, 134 Livingston Circle, spoke on Agenda Item #7 and being in favor of not censoring books in the Library and not signing a contract with the Library. Caryl Lawson, 1511 Trolley Road, spoke on Agenda Item #7 and being in favor of funding the Library and not signing a contract for services. Lenny Schaefer, 1277 Ridge Trail, spoke on Agenda Item #7 and being in favor of putting ratings on books and keeping them in the appropriate sections of the Library. Hannah Rees, 104 Grove Court, spoke on Agenda Item #7 and being against changing the young adult section of the Library to eighteen years of age, but in favor of moving inappropriate 3 content from this section; giving parents the opportunity to access it for their children, if they choose. Cil Douglas, 203 Gail Street, spoke on Agenda Item #7 and being in favor of not signing a contract for services with the Library but moving books to the appropriate section. Lauren Boone, 1357 Indian Hills Road, spoke on Agenda Item #7 stating censoring books was eliminating diversity. Den Irwin, 511 N. Memorial Drive, spoke on Agenda Item #7, discussing the need for restricted access to sexually explicit material for teens and children in the Library. MAYOR’S REPORT: Mayor Gillespie commented on the success of the 70th Annual Service League Labor Day Barbeque and this potentially being the last year of the existing barbeque pit with a new one hopefully going to bid soon. Mayor Gillespie continued by speaking on the Autauga County Superhero Reading Camp success and recognition at Prattville Elementary School with Governor Kay Ivey and other local leaders. The district pinned one hundred and fifty one letters (the most letters of any County in the State) during Governor Ivey’s Summer Reading Challenge. Councilor Boone exited the Chambers at 7:12 p.m. and returned at 7:13 p.m. Mayor Gillespie gave a report regarding the Library situation reiterating the transparency used in communicating with the Library staff, Library Board and citizens. He continued by commenting on the freedoms that we have in this country and the growth that can come from communicating with each other. Mayor Gillespie reported on the Mayor/Department Head’s budget being before the Council and it being used as a roadmap for him and the Department Heads in conducting the City’s business. He continued by thanking the Finance and Human Resources Department’s for their work with each department on the budget. Mayor Gillespie asked the Council for their support and welcomed questions concerning the budget. Mayor Gillespie continued his report with project updates including the plaque being received for the Mary Virginia Harris dedication sign for the pavilion at North Highland Park; asking Councilor Jackson to get with the Parks and Recreation Director to set up a dedication time. He continued by stating the 6th Street Repaving Project has started. Mayor Gillespie also mentioned speaking with Mr. Gene Mayhan, the owner of the apartments on 6th Street, about a beautification project going on in that area and the need to get the Wood’s apartments restored. Mayor Gillespie continued by giving an update on a conceptual design of the project that was approved by the Historic Preservation Commission last week. He stated with Council support this project could bring a stage, pavilion, green space, parking and an updated walking corridor to the heart of downtown. He continued by adding, if approved, this could be the first phase of the redevelopment of the old Whitney Hancock Bank that the City acquired. 4 Mayor Gillespie spoke of the potential pathway with the Federal Emergency Management Agency (FEMA) to accommodate The Mill Apartments occupying building “C” until FEMA regulations are satisfied for the main building. Mayor Gillespie closed his report stating that pressure washing of the brick pavers downtown will start soon and if you see something to say something; referencing the rash of graffiti and vandalism in downtown, near the Spillway and other areas of the City. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Boone reported the Finance Committee met August 17, 2023 at 4:00 and discussed FY2023-2024 Budgets for the Finance, Executive, Economic Development, Planning, Building, HR, City Clerk and Legislative Departments. CONSENT AGENDA 1. RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 1146 Gaddis Avenue, 360 Bent Tree Court and 244 Clubview Drive Abated and Charge Any Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 190 2. RESOLUTION: To Declare the Dilapidated Structures at 902 Washington Ferry Road to Be Unsafe and a Public Nuisance. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 191 3. RESOLUTION: To Authorize the City Attorney to File “Weed Liens” on Certain Properties. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 192 4. RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 116 Abney Drive, 423 Summerhill Road and 122 Kingswood Drive to be Unsafe and a Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 193 5. RESOLUTION: To Grant Permission to Sovereign Grace Church to Collect a Parking Fee at the Grove for the 2023 Prattville High School Football Season. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 194 6. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 229 Camellia Drive. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 195 7. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Stagnant Water and Garbage and Rubbish at 1926 Tara Drive. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 196 5 8. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Stagnant Water at 907 Brookwood Drive. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 197 9. RESOLUTION: To Set a Public Hearing for a Retail Beer On and Off Premises and a Retail Table Wine On and Off Premises License for Jiya 2 Inc D/B/A Eagle Cigars and Tobacco. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 198 10. RESOLUTION: To Designate Legal Holidays for the City of Prattville for Fiscal Year 2023- 2024. {Sponsored By: Councilor Chambers} RESOLUTION BOOK 2023-A, PAGE 199 Councilor Gornto made a motion to place item numbers 1-10 on a Consent Agenda and Councilor Jackson seconded the motion. The items were placed on a Consent Agenda (7-0). Councilor Gornto made a motion to adopt the Consent Agenda and Councilor Striplin seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : AGENDA 1. RESOLUTION: To Adopt the City of Prattville FY2023-2024 General Operating Fund, Gas Tax Special Revenue Fund, Debt Service Fund, Capital Projects Fund, Sanitation Enterprise Fund, Wastewater Enterprise Fund, and Judicial Special Revenue Fund Budgets. {Sponsored By: Council President Boone} RESOLUTION BOOK 2023-A, PAGE 200 Councilor Striplin made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 5 NAYS : STRIPLIN 1 ABSTAINED : JACKSON 1 ABSENT : 2. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Alabama Power for Lighting Improvements around Stanley Jensen Stadium and Pratt Park at a Total Cost Not to Exceed $266,504.44. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 201 6 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Merrick seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : 3. RESOLUTION: To Amend the Budget and Authorize the Release of Funds to Perform Turn Lane Improvements on Old Farm Lane to Construction Services, L.L.C. for the Engineering Department at a Cost Not to Exceed $60,220.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 202 Councilor Jackson made a motion to adopt the resolution and Councilor Merrick seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : 4. RESOLUTION: To Amend the Budget and Award Bid No. 023-015 to Business Services & Consultants, Inc. for Scanning Conversion Services for the Judicial Department at an Estimated Cost of $54,500.00. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 203 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : 5. RESOLUTION: To Authorize Demolition and Removal of the Dilapidated Structure Located at 348 Doster Street and to Award a Contract to Craig Richardson at a Cost Not to Exceed $15,000.00. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 204 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Gornto seconded the motion. There being no discussion, the Resolution was adopted with the following results: 7 AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : 6. RESOLUTION: To Authorize the Mayor to Sign Contracts for Services for Community Initiatives, City-County Services, the Autauga County Emergency Communication District (E- 911), Butterfly Bridges, Children’s Advocacy Center, Inc. and Central Alabama Crime Stoppers as Allocated in the FY2023-2024 Budget. {Sponsored By: Council President Boone} RESOLUTION BOOK 2023-A, PAGE 205 Councilor Merrick made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : 7. RESOLUTION: To Authorize the Mayor to Sign a Contract for Services with the Autauga- Prattville Public Library for Funding as Allocated in the FY2023-2024 Budget. {Sponsored By: Councilor Chambers} RESOLUTION BOOK 2023-A, PAGE 206 Councilor Chambers made a motion to adopt the resolution and Councilor Gornto seconded the motion. Councilor Gornto commented that he was glad to be back after lengthy military orders. He continued by addressing the many phone calls and emails he received while away, stating the Council and Mayor’s seats should be seen as positions of service and not swayed by threats or promises of votes. Councilor Gornto then addressed various comments from the public input section of the meeting; stating seventeen year old’s could join the military but had to have parental consent; the intent of the contract was not to defund the Library but to put the choice back to the parents; digital devices have technology to implement parental control and the basic guidelines should not be different between printed and digital materials; agreed it’s up to the parents to what their children learn and this is what he believes this contract for services does - putting the responsibility on the parents to allow them to censor what their child is or is not exposed to; this contract nor resolution was an attempt to limit diversity, but to protect children from sexually explicit material that is not appropriate for their age. Councilor Chambers thanked all who reached out in reference to the Library. He continued by stating that he has friends on both sides of the issue and he respects the fact that not all will agree but his intent is not to ban books, defund the Library or target a specific group of ideology but to gain consistency between the digital and printed material guidelines in the Library. Councilor Jackson inquired as to the Library’s stance on how to address the concerns. Councilor Chambers stated the Library Board has been involved in this whole process but was 8 unable to attend the last meeting for unknown reasons. Councilor Jackson further inquired if the Library had taken any steps to address concerns on either side. Mayor Gillespie advised he had basically been the point of contact for the City and he did reach out to a Library Board member in reference to the contract for services. He continued by stating the Library Board point of contact wanted to wait and see what the input was from the two sides before addressing. The Mayor continued by advising of the Library Board meeting on Thursday at 9:30 a.m. at the Cultural Arts Building. Councilor Jackson thanked the Mayor for serving at the point of contact for this situation and inquired as to the Library’s plan of action on the issue depending on if the resolution passes or not. Mayor Gillespie advised he could not speak for the Library but the contract was fluid at this point. Councilor Striplin voiced his concerns that the contract for services had no provisions for exceptions or even possible discussion from the Library. He also mentioned children having access to materials through cell phones, if filters were not in place. He continued by advising of the review process the Library has in place for books in question and inquired as to who was to decide what was research versus offensive. Councilor Gornto pointed out that if children have phone then the parents have the choice to put filters on the phone and that was the point, parents having the choice. He further stated this contract for services put the choice back in the parents hand and not the hands of the librarian. Councilor Chambers referenced the bylaws of the Library and the filters that are in place in the digital media area of the Library and stated his intent was to gain consistency between the digital and printed material guidelines in the Library. Councilor Merrick thanked all for coming tonight and joining in the discussion. He continued by stating that not all would be happy with the decision made but, in the end, that we are all Prattville. He apologized for not be able to respond to all that reached out to him. Councilor Gornto reiterated this was not a move to remove materials from the Library, ban books or defund the Library, it was simply moving books to a section of the Library that parents can access, if they so choose, but not children under the age of eighteen. Council President Boone spoke on government regulations and how they affect citizens and their choices. There being no further discussion, the Resolution failed with the following results: AYES : CHAMBERS, MERRICK, GORNTO 3 NAYS : STRIPLIN, JACKSON, STRICHIK, BOONE 4 ABSTAINED : NONE 0 ABSENT : 8. RESOLUTION: To Authorize the Mayor to Sign an Addendum to the Agreement with the Autauga County Board of Education for Use of Stanley Jensen Stadium. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 207 9 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : Council President Boone outlined the public speaking guidelines, stating that by legal definition, this portion of the Council meeting is set aside to allow comments on items that are not currently on the agenda, but was not a dialogue with the Council. Additionally, unlike Public Hearings, where the law requires public input, a Council meeting is a business meeting for the Council to conduct business and the law (Alabama Open Meetings Act) does not guarantee the public the right to speak up and be heard. Council President Boone asked all to be respectful to other attendees and City staff as the meeting is being streamed. It would be the policy of the Council to no longer allow the reading of excerpts from printed materials. She reminded all that the public was permitted and encouraged to send and/or discuss matters with their Councilor outside Council meetings or email the whole Council at citycouncil@prattvilleal.gov. The Council reserves the right to end public comment and remove any person who fails to follow the directions of the presiding officer. Council President Boone advised speakers would be called up by the sign in list and to state their name and address, then have up to three minutes to address the Council. COMMENTS FROM PERSONS PRESENT: Jon Lee Finnegan, 211 Deer Trace, commented on her request for the contract between the Prattville Solid Waste Disposal Authority and the City of Prattville and funding for Butterfly Bridges. Adam Hunt, 304 Cranbrook Court, spoke on Agenda Item #7 and parents responsibilities. Wil Sanchez, 502 Greystone Way, spoke on Agenda Item #7 and referenced a letter from Governor Ivey discussing the importance of libraries to the community and their mission, and his concerns of their mission not being met. Councilor Gornto reminded all of the rules of courtesy for Council meetings. Caedmon Craig, 134 Livingston Circle, spoke on Agenda Item #7 and his opinion of the outcome. Sarah Sanchez, 502 Greystone Way, spoke on Agenda Item #7 and first amendment rights not including obscenity and exposing young children to explicit materials. El White II, 621 W. 4th Street, thanked Councilor Gornto and all veterans for their service, and spoke on the tragedies of September 11th and first amendment rights. Caryl Lawson, 1511 Trolley Road, spoke on Agenda Item #7 and her opinion of the outcome and parental responsibilities. 10 CLOSING COMMENTS: Mayor Gillespie thanked all for their input and spoke on the transparency used in communicating with all on the Library issue. He closed by stating he hoped the silver lining would be this community coming together to move forward. Councilor Jackson thanked the Mayor for his efforts in attempting to negotiate a resolution on the Library issue. He continued by stating he felt his job should be to trust the Library staff to do what is right. He further commented he would like to hear from the Library after their meeting on Thursday to see the direction the Library would take to rectify the situation. He closed his comments stating his concern was that minority groups could be targeted by putting restrictions on the Library. Councilor Chambers thanked all for their input and stated he respects the fact that everyone has rights to their opinions and that voices were heard. Councilor Merrick thanked all for their participation stating he appreciated the Library and the citizens. Councilor Gornto spoke on parental rights and the Governor’s request for information from the Alabama Library Director. He closed by stating this was a state wide issue that may not end here. Council President Boone stated she felt all Councilors worked with sincerity on this issue, cared for children and voted for what they felt was right. She thanked all for working on this long arduous process. She continued by speaking on the rules of courtesy stating that managing the meeting was a fluid and ever evolving duty and blunders may happen. She closed by stating the intent was for no one to ever feel like they were being personally attacked and asked for grace as errors are made. Council President Boone advised the next regularly scheduled City Council meeting would be held Tuesday, September 19, 2023, at 6:00 p.m. ADJOURN: There being no further business to come before the Council, Council President Pro Tempore Strichik made a motion to adjourn and Councilor Jackson seconded the motion. The meeting adjourned at 8:31 p.m. (7-0) APPROVED: Paula G. Barlow City Clerk Lora Lee Boone, President Prattville City Council