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Minutes 2011-04-19PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, APRIL 19, 2011 6:05 P.M. The Prattville City Council met in regular session on Tuesday, April 19, 2011, at 6:05 p.m. in the Council Chambers at City Hall. Roll was called and all were recorded as being present. After the Pledge of Allegiance to the American Flag, Councilman Argo gave the invocation. THE CHARACTER TRAIT OF THE MONTH IS HUMILITY: Recognizing my abilities and limitations. APPROVAL OF MINUTES: City Council meeting April 5, 2011. Councilman Renegar made the motion to approve the minutes and Councilman Fank seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT: None. MAYOR’S REPORT: Mayor Gillespie asked that everyone remember the Boone’s Chapel Community, including the Hollon and Tooney families following last Friday evenings devastating tornado which resulted in three deaths. He further expressed his appreciation to the Prattville Fire Department and Police Department. Chief Brown was one of the first individuals on the scene and was able to provide necessary assistance and leadership in the aid of the residents affected by the storm. The Mayor reported that Sergeant Graves and Detective Frith found a needed training for the Department that will involve five other agencies and will result in a cost savings of $2500.00 to $6500.00. Regarding agenda item number 7, the Mayor stated that he had renegotiated that contract to reflect a $10,000.oo cost savings to the City and asked for support of the Resolution. Mayor Gillespie further stated that he hopes to present another contract at the next meeting that he has been renegotiating that will reflect an additional $7,000.00 cost savings to the City. The Mayor reported that Saturday’s Bark in the Park event was a success and had a greater turnout of people and contributions than previous years. Mayor Gillespie was pleased to announce that the $3.1 million bridge loan that was taken out in October, 2010, was paid off on Monday, April 18th. However, item number 13 on tonight’s agenda is for $1 million bridge loan for a May payment and encouraged support of the passage of the Resolution. The Mayor recognized Webmaster, Teresa Lee, for the new YouTown on the City’s website. It is a new mobile app and Prattville is the first city in the nation to have this application turned on. COUNCIL REPORTS: Councilman Wood stated that he had previously distributed information regarding item number 1 on tonight’s agenda and asked them to consider the information provided before voting. Councilman Argo reported that the Sanitation committee met with the Mayor and discussed a number of issues regarding the Sanitation and Wastewater Departments. They also met with a company that provides private management of those services, in order to gather information regarding the challenges and options of those Departments. Councilman Renegar reported that the Fire Committee has met and will be asking for support of the purchase of a truck for the Fire Department that will be paid for with grant funds. Councilman Boles reported that there was a Building Committee meeting to discuss removing one employee from the RIF, but decided to leave as is. Councilman Fank asked that item number 8 on tonight’s agenda be held in order to allow for more time to discuss with pertinent Judicial employees and officials. AGENDA 1. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR, CLASS II PACKAGE STORE LICENSE TO RADHA, LLC, KARTIKEY & KALPANABEN PATEL, D/B/A HANGOVER PACKAGE. A public hearing was held at 6:00 p.m. this evening. Councilman Wood made a motion to move for consideration. The motion failed for lack of a second. 2. RESOLUTION: REQUEST TO RELEASE FUNDS TO PURCHASE BUILDING AND SUPPLIES FOR THE RECYCLING CENTER ON RIDGEWOOD ROAD. (RESOLUTION BOOK 2011, PAGE 069) The Resolution was held from the April 5th council meeting. 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 Councilman Wood left the Council Chambers at 6:18. 3. RESOLUTION: TO ADJUST THE FISCAL YEAR 2011 GENERAL OPERATING FUND BUDGET. (RESOLUTION BOOK 2011, PAGE 070) The Resolution was held from the April 5th council meeting. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, MILLER, RENEGAR, BOLES, FANK 5 NAYS : ARGO 1 ABSTAINED : NONE 0 ABSENT : WOOD 1 Councilman Wood returned at 6:19. 4. ORDINANCE: TO AMEND CHAPTER 2, ARTICLE II, DIVISION 2. RULES OF ORDER AND PROCEDURE. SEC. 2-51. ORDER OF BUSINESS. (ORDINANCE BOOK 2011, PAGE 016) The Ordinance was held from the April 5th council meeting. Councilman Argo made a motion to amend Section 7, line 21 after the words “or his” to insert the words “or her”; Section 9, line 31 after the word “reduce” to insert the words “or increase”; to delete Section 21 in its entirety; and to renumber each subsequent section. Councilman Fank seconded the motion. The Ordinance was amended (7-0). During discussion, Councilman Argo expressed his concern to the Council regarding placing public comment regarding non-agenda items at the end of the meeting and using this to deter public comment. 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 AMEND RESOLUTION BOOK 2008-A, PAGE 049, TO PROVIDE PROCEDURE AND CRITERIA FOR THE ESTABLISHMENT OF COUNCIL MEETINGS, AGENDA AND AGENDA PACKET. (RESOLUTION BOOK 2011, PAGE 071) The Resolution was held from the April 5th council meeting. 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 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 6, 7, 13, 14. 6. RESOLUTION: REQUEST TO RELEASE FUNDS TO PURCHASE A 2011 DODGE 2500 TRUCK OFF OF STATE CONTRACT FROM BEN ATKINSON MOTORS AND LIGHTING, RADIO EQUIPMENT, LETTERING AND DECALS. (RESOLUTION BOOK 2011, PAGE 072) Councilman Renegar made a motion to adopt the Resolution and Councilman Boles seconded the motion. Councilman Fank made a motion to suspend the rules and Councilman Striplin seconded the motion. The rules were suspended (7-0). 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 7. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH SOUTHERNLINC THROUGH SEPTEMBER 30, 2011. Councilman Boles 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 (7-0). During discussion Councilman Striplin asked for an explanation of why money is being authorized to be spent, but a $10,000.00 credit is being granted. Mayor Gillespie explained that the agreement is for the mobile/two- way service for the remainder of the fiscal year, but will reflect a $10,000.00 credit at the end of the agreement. Councilman Renegar made a motion to hold this item until May 3rd and Councilman Fank seconded the motion to hold. This Resolution is held until May 3rd (7-0). 8. ORDINANCE: TO IMPLEMENT CODE OF ALABAMA, 1975, AS AMENDED, SECTION 11-47-7.1: ADDITIONAL COURT COSTS AND FEES ON CERTAIN MUNICIPAL CASES AUTHORIZED; DISTRIBUTION OF FUNDS FOR JAILS OR COURT COMPLEX. Councilman Fank 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. By point of order, the Ordinance was held until the May 3rd council meeting. 9. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE WIDENING OF US HIGHWAY 82 AT GIN SHOP HILL ROAD. (RESOLUTION BOOK 2011, PAGE 073) Councilman Striplin 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, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 10. RESOLUTION: TO SUBMIT MUNICIPAL WASTE POLLUTION PREVENTION PROGRAM REPORT TO THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. (RESOLUTION BOOK, PAGE 074) Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. There being no discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 11. ORDINANCE: PETITION FOR ANNEXATION OF OLD RIDGE ROAD BETWEEN RIVERCHASE NORTH AND PENDLEBROOKE SUBDIVISION. Councilman Argo made a motion to adopt the Ordinance and Councilman Fank 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. By point of order, the Ordinance was held until the May 3rd council meeting. 12. RESOLUTION: PETITION FOR DE-ANNEXATION OF INTERSECTION OF INTERSTATE 65 AND COBBS FORD ROAD. Councilman Boles made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Boles made a motion to hold the Resolution until the May 3rd council meeting and Councilman Striplin seconded the motion. This Resolution is held until May 3rd (7-0). 13. RESOLUTION: TO AUTHORIZE THE ISSUANCE, EXECUTION, SALE AND DELIVERY OF $1,000,000.00 PRINCIPAL AMOUNT GENERAL OBLIGATION NOTE OF THE CITY OF PRATTVILLE AND THE PAYMENT THEREOF. (RESOLUTION BOOK 2011, PAGE 075) Councilman Renegar made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Renegar made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (7-0). There being no further discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 14. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO BUILD HOUSING FOR THE INFORMATION TECHNOLOGY EQUIPMENT. Councilman Wood made a motion to adopt the Resolution and Councilman Renegar seconded the motion. Councilman Boles made a motion to suspend the rules, the motion failed for lack of a second. This Resolution is held until May 3rd. 15. RESOLUTION: TO APPOINT WAYNE MOONEY TO THE PRATTVILLE SOLID WASTE DISPOSAL AUTHORITY. (RESOLUTION BOOK 2011, PAGE 076) Councilman Fank 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, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 16. RESOLUTION: TO APPOINT RANDY GRISSETT TO THE INDUSTRIAL DEVELOPMENT BOARD. (RESOLUTION BOOK 2011, PAGE 077) Councilman Striplin made a motion to adopt the Resolution and Councilman Fank seconded the motion. There being no discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 17. RESOLUTION: TO RE-APPOINT GREG GILLIAN TO THE PRATTVILLE SOLID WASTE DISPOSAL AUTHORITY. (RESOLUTION BOOK 2011, PAGE 078) Councilman Argo made a motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 18. RESOLUTION: TO APPOINT LORA LEE BOONE TO THE HISTORIC PRATTVILLE REDEVELOPMENT AUTHORITY. Councilman Boles made a motion to remove this item from the agenda and Councilman Striplin seconded the motion. This item is removed (7-0). 19. RESOLUTION: TO SET A PUBLIC HEARING FOR A RESTAURANT RETAIL LIQUOR LICENSE FOR OUTBACK STEAKHOUSE OF FLORIDA, LLE, D/B/A OUTBACK STEAKHOUSE #1271. (RESOLUTION BOOK 2011, PAGE 079) Councilman Boles made a motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no discussion, the Resolution was adopted with the following vote: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 20. RESOLUTION: TO SET A PUBLIC HEARING TO DECLARE 329 JANICE STREET TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT PER TITLE 11, CHAPTER 67 OF THE CODE OF ALABAMA, 1975, AS AMENDED. (RESOLTUION BOOK 2011, PAGE 080). Councilman Renegar 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 Wood made a motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (7-0). 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 CLOSING COMMENTS: Mayor Gillespie thanked all of the city employees for their hard work. He also reminded everyone of the upcoming City Fest May 6-8. Councilman Striplin expressed his appreciation for their work in the recent storm damaged areas. Councilman Wood thanked everyone for attending. Councilman Argo thanked Chief Brown, Chief Huggins and each of the Public Safety personnel and their exemplary service during the recent storms across Autauga County. Councilman Renegar expressed his appreciation to all city employees. Councilman Boles thanked the Police and Fire Departments for their efforts, and also to the Sanitation Department. Councilman Fank wished everyone a very Happy Easter. Council President Miller reminded everyone that beginning next month there will be a financial report given at the second meeting of each month. He expressed his appreciation to the city employees for their hard work. 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 7:08 p.m. APPROVED: ___________________________ Stephanie J. Southerland Interim City Clerk ___________________________ Michael Renegar, President Pro Tempore Prattville City Council