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Minutes 2011-03-01PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MARCH 1, 2011 6:00 P.M. The Prattville City Council met in regular session on Tuesday, March 1, 2011, at 6:00 p.m. in the Council Chambers at City Hall. Roll was called and Councilman Argo was 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 BOLDNESS: Facing fear and loss in pursuit of what is best. APPROVAL OF MINUTES: Special Session February 14, City Council meeting February 15, Work Session February 22 and Public Hearing February 24, 2011. Councilman Renegar made the motion to approve the minutes and Councilman Boles seconded the motion. The minutes were approved (6-0). COMMENTS FROM PERSONS PRESENT: Jon Lee Finnegan, 211 Deer Trace, stated that it is her opinion that every member of the council should be present before voting on item numbers 1, 2 and 6 on tonight’s agenda. It is also her opinion that further cuts can be made within the City. She questioned exactly how much money is in the City’s account as of March 1. She also asked that the County line sign be replaced on Cobbs Ford Road, entering Elmore County. Council President Miller stated that neither he, nor the Interim Finance Director knew the exact balance of the City’s account at the moment. Mayor Gillespie stated that if Ms. Finnegan would call and make an appointment with him that he would provide that information to her. MAYORS REPORT: Mayor Gillespie commended Prattville Firefighter Lieutenant Josh Brown for observing a home with smoke coming from inside and sequentially saving the life of the occupant inside. The occupant was the grandmother of city code enforcement officer, Carl Wilson. Mayor Gillespie congratulated Police Chief Wadsworth on the birth of his grandson. The Mayor also congratulated Webmaster, Teresa Lee, for her help in building a website for the Children’s Policy Council. This website helped two students receive full scholarships to Trenholm State Technical College. Mayor Gillespie announced the preliminary February sales tax revenues for the month of January as follows: an increase in gross revenues of 9.36%, and a net increase after rebates is 9.48%. Year to date business license increase is 4.36%. He complimented all city employees in their diligence in helping to reduce the budget. Mayor Gillespie stated that the need for an increase in sales tax is not taken lightly. However, a large portion of the budget is based on the increase along with a sewer fee increase. These funds are needed in order to continue to provide the premiere city services that the citizens have become accustomed. He stated that he is open to any suggestions to help to balance the budget. The Mayor stated that there are three Resolutions to be brought from the floor for the release of funds for the city’s annual Arts Festival and for improvements to the city’s various playing fields. He further stated that there would be more of these types of Resolutions without a budget in place. Mayor Gillespie reported that he would be reducing his car allowance $900.00 per month, and writing a check back to the city for a monthly furlough day. The Mayor reminded the council members that without a budget, community initiatives could not receive their allotments. He further stated that the money being budgeted for a phone system upgrade may not be spent. Mayor Gillespie asked that item number four on the regular agenda be moved to number one in order to continue with tonight’s meeting. Councilman Renegar questioned the need for the three resolutions being brought from the floor and how quickly they are needed. Mayor Gillespie reported that grant money has already been received for the Arts Festival and that money needs to be released in order to advertise the event in ample time prior to the event and the scheduling of artists to participate in the event. If not, the event will have to be cancelled and the grant money refunded. Mayor Gillespie also stated that while he takes full responsibility for the timeliness of these items, this is a result of a budget not being in place. If the lighting for the ball fields isn’t done now, there will be approximately a $24,000.00 increase to be done at a later date. Also, the lights may not be able to be adjusted in time and the field work needs to be done in advance of opening day ceremonies of March 26th and encouraged the passage of each of these items. Councilman Renegar expressed his concern about the short time being given to the council to act on these items and asked that they be brought before the council in a timely manner in the future. Councilman Wood thanked the Mayor and the department heads for their hard work involving the budget. He questioned the funding cuts for the library and other agencies. Councilman Wood stated that the Council would also be participating in a monthly furlough day. He asked if it would be feasible to move forward with item numbers 1, 2 and 6 independently. While we need to make reductions, we also need to increase revenues. Councilman Wood asked City Attorney, David McDowell if a sales tax increase could be rescinded by the Council at any time. Mr. McDowell confirmed that to be correct. Mayor Gillespie stated that the community initiatives have been cut from $900,000.00 to $500,000.00. However, he hopes to increase funding to the library and other community initiatives in the next budget year. Council President Miller stated that there is a minimum time frame that needs to be given to the Water Works Board and area businesses if item numbers 1 and 2 are held tonight. The Mayor responded that the Water Works Board needs a 30 day window, and that most businesses will need a 2 week window. COUNCIL REPORTS: Council President Miller stated that he would be presenting the City Council committee appointments in the near future. He further stated that the next regularly scheduled meeting is during the week of Spring Break and there has been discussion to change that meeting to March 22, 2011. Councilman Argo is absent due to a work obligation. AGENDA Councilman Renegar made a motion to move item number 4 from the regular agenda to number 1, ahead of the consent agenda. Councilman Boles seconded the motion. The motion carried (6-0). 1. RESOLUTION: TO NAME STEPHANIE J. SOUTHERLAND AS INTERIM CITY CLERK OF THE CITY OF PRATTVILLE. (RESOLUTION BOOK 2011, PAGE 037) Councilman Fank made a motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 1. RESOLUTION: TO APPOINT WALTER KENNEDY TO THE LEGENDS PARK IMPROVEMENT. 2. RESOLUTION: TO RE-APPOINT KARLA BOLES TO THE COMMERCIAL DEVELOPMENT AUTHORITY. 3. RESOLUTION: TO RE-APPOINT LEE CRAWFORD TO THE INDUSTRIAL DEVELOPMENT BOARD. 4. RESOLUTION: TO RE-APPOINT LISA MILLER TO THE INDUSTRIAL DEVELOPMENT BOARD. 5. RESOLUTION: TO RE-APPOINT KEN COLVERT TO THE INDUSTRIAL DEVELOPMENT BOARD. Councilman Fank introduced the consent agenda and made a motion to approve it. Councilman Wood seconded the motion. The consent agenda was adopted (6-0) with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 AGENDA 2. ORDINANCE: TO AMEND ORDINANCE BOOK 95, PAGE 19 TO ADD SECTION 11 REGARDING THE IMPOSITION OF CERTAIN SALES AND USE TAXES. The Ordinance was held from the February 15th council meeting. Councilman Renegar expressed the need that item numbers 1, 2 and 6 carry hand in hand and should be adopted either all or none, due to the budget being based on the passage of items 1 and 2. Council President Miller stated that either item could be passed independent of the budget but the budget itself could not be passed independent of the other two items since the budget is based on the proposed sales tax increase and the sewer rate increase. Mayor Gillespie reminded the council that the Wastewater Department has been running in arrears for years and this increase is needed regardless if a budget is adopted. He expressed the need for passage of item number 2 in order for the Water Works Board to implement proper billing prior to April 1st. Councilman Boles made a motion to hold until the next meeting, when the full council will be present. Councilman Striplin seconded the motion. Councilman Renegar stated that some nuances have arisen regarding the sales taxes that need to be ironed out and the extra time will allow that to happen. The Ordinance was held until the March 15th council meeting. (6-0) 3. ORDINANCE: TO AMEND PRATTVILLE CITY CODE CHAPTER 66, ARTICLE III SECTION 66-358REGULAR MONTHLY CHARGES-SCHEDULE AND SECTION 66-359, SAME-MINIMUM; FLAT RATE. (ORDINANCE BOOK 2011, PAGE 007) The Ordinance was held from the February 15th council meeting. This Ordinance was proposed based upon the previous Prattville Municipal Code. Council President Miller stated that a new Prattville Municipal Code was adopted on February 15th, after this Ordinance was introduced, therefore, requiring amendments to reflect the new Code. Councilman Renegar offered the following amendments: Lines 3, 8, 10 & 14: add the words CHAPTER 66 after City Code Lines 3 & 10: change Section 13-111 to Section 66-358 Line 5, add the word SCHEDULE after monthly charges Lines 4 & 12: change Section 13-112 to 66-359 Lines 10 & 14: remove the words ADOPTED JULY 6, 2006 Councilman Striplin seconded the motion to amend. The Ordinance was amended (6-0). Councilman Fank made a motion to hold this ordinance until the March 15th council meeting. The motion to hold failed for lack of a second. The amended Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, 5 NAYS : FANK 1 ABSTAINED : NONE 0 ABSENT : NONE 0 4. ORDINANCE: REQUEST TO SURPLUS LOST, STOLEN, UNCLAIMED, CONFISCATED PROPERTY FROM THE POLICE DEPARTMENT. (ORDINANCE BOOK 2011, PAGE 008) 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 Wood made a motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (6-0). There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 5. RESOLUTION: PETITION FOR VACATION OF VACANT SANITARY SEWER EASEMENT IN PRATT CENTER PLAT #1. (RESOLUTION BOOK 2011, PAGE 043) Councilman Wood made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Striplin asked if there was any cost to the city. City Attorney, David McDowell stated that there is a $10.00 recording fee that is paid by the petitioner, not the city. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: TO ADOPT THE CITY OF PRATTVILLE FISCAL YEAR 2010/2011 GENERAL OPERATING FUND BUDGET. Councilman Renegar made a motion to adopt the Resolution and Councilman Wood seconded the motion. Councilman Renegar asked for a Finance Committee meeting before the next council meeting. By point of order the Resolution is automatically held until the next council meeting. 7. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS FOR THE 6TH ANNUAL FOUNTAIN CITY ARTS FESTIVAL. (RESOLUTION BOOK 2011, PAGE 044) Councilman Fank introduced the Resolution from the floor and made a motion to adopt it. Councilman Striplin 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 Wood made the motion to suspend the rules and Councilman Boles seconded the motion. The rules were suspended (6-0). Council President Miller asked Special Events Director, Kellie Cook, if this event generates revenues. Mrs. Cook reported that the dinner usually has a return of about $6,000.00 and the city receives tax revenue from items sold by the individual artists. The cost of the event is an almost “break even” for the city. She reports that the true cost to the city is approximately $1,000.00. 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 8. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO PURCHASE PAINT AND CHALK FOR CITY OWNED PLAYING FIELDS. (RESOLUTION BOOK 2011, PAGE 046) Councilman Fank introduced the Resolution from the floor and made a motion to adopt it. Councilman Renegar 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 Renegar made the motion to suspend the rules and Councilman Boles seconded the motion. Councilman Fank urged support of this resolution in the event that the next regularly scheduled council meeting is changed to March 22nd. In that case, the Department of Leisure Services would only have three days to order and receive the goods and still have to prepare the fields in time for opening day on March 26th.The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 9. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS FOR THE REPLACEMENT/ADJUSTMENTS TO THE FIELD LIGHTS AT EACH OF THE CITY OWNED PLAYING FIELDS. (RESOLUTION BOOK 2011, PAGE 045) Councilman Fank introduced the Resolution from the floor and made a motion to adopt it. Councilman Boles 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 Renegar made the motion to suspend the rules and Councilman Fank seconded the motion. Councilman Fank urged support of this resolution for the same reasons as the previously adopted Resolution. The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, MILLER, RENEGAR BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 Councilman Boles stated that the March 15th meeting is during Spring Break and he would be out of town and asked that the meeting be rescheduled for March 22, 2011 at 6:00 p.m. in the Council Chambers at City Hall. All were in favor of rescheduling the meeting date (6-0). CLOSING COMMENTS: Councilman Wood made an open invitation to attend North Highland Park’s 20th annual Fun Day on March 26th. Funds raised at this event are given back to the community to various community initiatives. Councilman Renegar announced that he would also be writing a check back to the city for a furlough day. Councilman Boles stated that his furlough day would be deducted from his check. Councilman Wood questioned the legality of the pay being deducted, and City Attorney, David McDowell stated that the Councilmembers would have to write a check back to the city. Council President Miller stated that he would be scheduling a Finance Committee meeting in the near future. He expressed his appreciation for ideas given at the February 24th Budget Public Hearing. Mayor Gillespie announced that the new City Code is now online on the city’s website. 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 Boles. The meeting adjourned at 7:09 p.m. APPROVED: ______________________ Stephanie J. Southerland Interim City Clerk ________________________ Thomas M. Miller, President Prattville City Council