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Minutes 2011-05-03PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MAY 3, 2011 6:09 P.M. The Prattville City Council met in regular session on Tuesday, May 3, 2011, at 6:09 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilman Argo gave the invocation. Roll was called and Council President Miller was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS DISCERNMENT: Understanding what is really happening. APPROVAL OF MINUTES: Public Hearing & City Council meeting April 19, 2011. Councilman Fank made the motion to approve the minutes and Councilman Boles seconded the motion. The minutes were approved (6-0). Mayor Gillespie presented a Proclamation to Ms. Karen Willis, in recognition of Autism Awareness month. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: None. MAYOR’S REPORT: Mayor Gillespie presented a Proclamation to the Character Week winners: Savannah, runner-up and a 6th grader from Prattville Intermediate School; Andrew, runner- up and a 4th grader from Billingsley Elementary School; and the winner Landon, a 2nd grader from Pine Level School. David Lewis, Vice-Chairman of the Prattville-Autauga Character Coalition congratulated each of the winners and presented a savings bond and cash award to Landon. Mayor Gillespie recognized members of the Character Coalition. The Mayor asked the Police Chief, Tim Huggins and Fire Chief, Terry Brown to update the council on their department’s efforts in providing assistance to towns and cities that were affected by the tornado outbreak on April 27th. Chief Huggins reported that he had a team of six prepared to deploy at 5:30 p.m. and they were activated to Eclectic in Elmore County, the site of an EF-4 tornado, and later to Cullman. After the team worked a 24 hour shift, a second team was sent to relieve and later a third team was sent. The teams have been providing search and rescue efforts and security at each location. He complemented each of the officers for their efforts and their assistance. Chief Brown reported that the Fire Department deployed teams to three different regions. Commander Whaley was dispatched to the State EOC in Chilton County. Lieutenant Hughes was dispatched to Jefferson County EOC to provide logistics and planning. Chief Brown complemented shift personnel for their readiness to deploy at 9:00 p.m. Commander Oates deployed team one of nine Prattville Firefighters and three Selma Fire Fighters to Tuscaloosa and their task was completed by 11:00p.m. on Thursday. Team 2 went to relieve Team 1. Chief Brown complemented the team members and their experience and readiness to provide assistance. He further stated that all paperwork had been completed to provide to FEMA for reimbursement. Mayor Gillespie thanked both Chief Huggins and Chief Brown for the department’s hard work. He further thanked all city employees for their efforts and assistance during both of the recent storms. The Mayor reported that some of our Planning and Revenue Department forms are now on- line. Also, the Revenue Department is beginning to cross train with the Revenue Officer. May 14th is the PALS Electronics Recycling Event. Mayor Gillespie reported that April sales tax for the month of March was down 3.02%. The Mayor stated that he had tasked each of the Department Heads to present a budget that would not require any cuts to be made. Mayor Gillespie reported that item number 1 on tonight’s agenda reflects a $10,000.00 cost savings for the contract. He also stated that the recently authorized sod for the ball fields is in place. The Mayor asked for support of item number 5 on tonight’s agenda to authorize funds to move the Information Technology Department from downstairs of the Annex due to the unsafe location for the electronic equipment. Mayor Gillespie reminded everyone that Thursday, May 5th is the National Day of Prayer and tickets to the Prayer Breakfast at Doster Memorial Community Center are available for purchase in the Mayor’s office and at First Baptist Church. Mayor Gillespie invited everyone to City Fest, May 6th and 7th. The Mayor reported that the Prattville Police Department pulled 63.9 pounds of prescription drugs off of the street. The 2010 census report is now online, and the council will begin the process of changing the District lines in the near future. Councilman Fank stated that the recent tornado outbreak reinforces the necessity of the training that City employees attended in Maryland in January of this year. Mayor Maddox, of Tuscaloosa, was the biggest proponent of this training. Chief Brown stated that due to the Fire College in Tuscaloosa being used for logistics, all Fire College training has been moved to Prattville beginning May 9th. Councilman Fank reported that the 2011 Autauga County Leadership Class is purchasing a ladder for the Fire Department Training Facility. COUNCIL REPORTS: Councilman Wood reported there would be a Public Safety Committee meeting, May 9th, at 6:00 p.m. in the Mayor’s conference room. Council President Pro Tempore Renegar announced that Council President Miller is absent due to travels to the tornado damaged areas on behalf of the Department of Public Health. AGENDA 1. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH SOUTHERNLINC THROUGH SEPTEMBER 30, 2011. (RESOLUTION BOOK 2011, PAGE 081) The Resolution was held from the April 19th council meeting. Councilman Fank made a motion to amend the Resolution by removing the lines: “Be it further resolved that funds are hereby approved and appropriated and are to be paid from the Information Technology, Radio line item” and replace with the words: “Be it further resolved that this agreement is contingent upon SouthernLinc refunding to the City of Prattville the sum of $10,000.00 no later than June 1, 2011.” Councilman Boles seconded the amendment. The amendment was adopted (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 2. 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. (ORDINANCE BOOK 2011, PAGE 017) The Ordinance was held from the April 19th council meeting. Councilman Fank made a motion to amend line 11 to change the dollar amounts from $21.50 and $23.00 to $35.00 for traffic and non-traffic cases, respectively. Councilman Boles seconded the motion. The Ordinance was amended (6-0). There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 3. ORDINANCE: PETITION FOR ANNEXATION OF OLD RIDGE ROAD BETWEEN RIVERCHASE NORTH AND PENDLEBROOK SUBDIVISION. (ORDINANCE BOOK 2011, PAGE 018) The Ordinance was held from the April 19th council meeting. Councilman Wood asked the City Planner, Joel Duke, how this and possible future annexations could affect the upcoming re-districting. Mr. Duke responded by saying that this particular annexation is a vacant piece of property and would have no impact. Councilman Wood further asked the council to consider a moratorium for future annexations during the re-districting and election year. There being no further discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 4. RESOLUTION: PETITION FOR DE-ANNEXATION ON INTERSECTION OF INTERSTATE 65 AND COBBS FORD ROAD. The Resolution was held from the April 19th council meeting. After much discussion, Councilman Fank made a motion to hold this Resolution for two weeks. Councilman Argo seconded the motion to hold. This Resolution is held until the May 17th meeting (6-0). 5. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO BUILD HOUSING FOR THE INFORMATION TECHNOLOGY DEPARTMENT. (RESOLUTION BOOK 2011, PAGE 082) The Resolution was held from the April 19th council meeting. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES 5 NAYS : FANK 1 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSE FOR OUTBACK STEAKHOUSE OF FLORIDA, LLC, D/B/A OUTBACK STEAKHOUSE #1271. (RESOLUTION BOOK 2011, PAGE 083) A public hearing was held at 6:00 p.m. this evening. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 7. ORDINANCE: REQUEST TO ZONE PROPERTY LOCATED OFF OF COUNTY ROAD 4 AND CORLEY ROAD. A public hearing was held at 6:00 p.m. this evening. Councilman Boles made a motion to hold this item for two weeks in order to allow the Industrial Development Board to review this request. Councilman Argo seconded the motion to hold. This item is held until May 17th (6-0). 8. RESOLUTION: TO AUTHORIZE THE MAYOR TO RENEW THE LEASE AGREEMENT WITH HPRA FOR THE PERFORMING ARTS CENTER. (RESOLUTION BOOK 2011, PAGE 084) Finance Director, Doug Moseley assured Councilman Wood that the funds budgeted for this lease are equal to the payments due for one year. Councilman Argo made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 9. RESOLUTION: TO AUTHORIZE EXPENDITURES NOT TO EXCEED $1,600.00 TO P & H SUPPLY CO. FOR THE PURCHASE OF ONE (1) LATERAL CUTTER FOR THE WASTEWATER DEPARTMENT. (RESOLUTION BOOK 2011, PAGE 085) There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : FANK 0 ABSTAINED : NONE 0 ABSENT : NONE 0 10. ORDINANCE: TO SURPLUS VARIOUS IT EQUIPMENT AND AUTHORIZE THE DISPOSAL AT THE PALS ELECTRONIC RECYCLING EVENT TO BE HELD ON MAY 14, 2011. (ORDINANCE BOOK 2011, PAGE 019) Councilman Boles made a motion to adopt the Ordinance and Councilman Argo 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 Argo made a motion to suspend the rules and Councilman Striplin 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, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 11. RESOLUTION: REQUEST TO RENEW THE LEASE WITH SPINNERS CLUB, INC. (RESOLUTION BOOK 2011, PAGE 086) Councilman Fank made a motion to adopt the Resolution and Councilman Argo seconded the motion. 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 this item. Councilman Wood made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (6-0). There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 12. RESOLUTION: TO AUTHORIZE THE HUMAN RESOURCES DEPARTMENT TO BEGIN THE HIRING PROCESS FOR A POLICE CHIEF. (RESOLUTION BOOK 2011, PAGE 087) Councilman Wood made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Argo questioned Human Resources Director, Lisa Thrash, if the current Personnel Policies & Guidelines had a provision that requires the Mayor to provide two names to the council for department head appointments. Mrs. Thrash responded that she wasn’t aware of that provision in the manual. Councilman Argo stated that it is his opinion that the Mayor and the Human Resources Director have the authority to begin the process without the approval of the council. Mayor Gillespie stated that he was asking for council approval out of an abundance of caution and that the position wouldn’t be filled until October 1st or after. Councilman Fank made a motion to amend line 9 to read 31st instead of 30th. Councilman Argo seconded the motion. The amendment passed (6-0). Councilman Argo made a motion to amend line 23 and insert the following: This position shall not be filled until October 1, 2011 or later. The amendment passed, (5-1) with Councilman Boles opposed. The amended Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 13. RESOLUTION: TO AUTHORIZE THE HUMAN RESOURCES DEPARTMENT TO BEGIN THE HIRING PROCESS FOR A FIRE CHIEF. (RESOLUTION BOOK 2011, PAGE 088) Councilman Boles made a motion to adopt the Resolution and Councilman Wood seconded the motion. Councilman Argo made a motion to amend line 23 and insert the following: This position shall not be filled until October 1, 2011 or later. The amendment passed, (5-1) with Councilman Boles opposed. The amended Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 14. 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. (RESOLUTION BOOK 2011, PAGE 089) Councilman Striplin made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Fank thanked City Planner, Joel Duke, for so many of the properties listed being in District 7. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 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. Councilman Argo made a motion to reconsider Resolution Book 2011, Page 075, adopted on April 19, 2011. Councilman Striplin seconded the motion. All were in favor of reconsideration of this Resolution (6-0). Councilman Argo made a motion to amend page 3, the date listed April 29, 2010 by changing it to April 29, 2011, and on page 3, Section 3 (c) to change the word Montgomery to Wetumpka. Councilman Wood seconded the motion to amend. The amendment passed (6-0). Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. There being no further discussion, the amended Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 COMMENTS FROM PERSONS PRESENT: Mac Champion, 995 Upper Kingston addressed the council regarding agenda item #7, as representative of the estate. He stated that the Industrial Development Board had been made aware of the zoning request. Mr. Champion further stated that this property isn’t in the city limits but he would abide by whatever the city decided and that he wanted to have a good relationship with the Industrial Development Board and the Industrial Park. He stated that the development of this property would have about a $52 million impact on the City of Prattville. David Lewis, 776 Stapleford Trail, spoke on behalf of the 23 members of the Character Coalition and their mission to promote good character in our community. He asked that the Council continue to support them through funding so that they can continue to promote good character throughout the city. He reported that the Chamber Luncheon to be held on May 11 at the Legends, sponsored by Arrow Pest Control, would involve the recognition of citizens in our community for their efforts to act with good character. He further stated that it was his pleasure to present the Character award winners tonight. CLOSING COMMENTS: Mayor Gillespie reminded everyone of the upcoming City Fest, beginning at 7:00 p.m. on Friday night and continuing on Saturday until 5:00 p.m. He wished everyone a Happy Mother’s Day. Councilman Argo reminded everyone about the National Day of Prayer on Thursday, May 5th at the Doster Memorial Community Center. He also reminded everyone of the Autauga Education Foundation, partnered with the A+ Foundation will be holding a fundraising banquet on May 23rd, featuring Alabama National Championship coach, Nick Saban. Councilman Fank wished everyone a Happy Mother’s Day. Council President Pro Tempore Renegar commended all city employees in their efforts and assistance during the recent storms. ADJOURN: Councilman Argo made a motion to adjourn the meeting and go into Executive Session to meet with the City Attorney, David McDowell to discuss legal matters. Councilman Boles seconded the motion. The meeting adjourned to go into executive session at 7:53 p.m. (6-0). APPROVED: ______________________ Stephanie J. Southerland Interim City Clerk ________________________ Michael E. Renegar, President Prattville City Council