Minutes 2011-05-171
PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, MAY 17, 2011
6:01 P.M.
The Prattville City Council met in regular session on Tuesday, May 17, 2011, at 6:01 p.m.
in the Council Chambers at City Hall. After the Pledge of Allegiance to the American
Flag, Councilman Renegar gave the invocation. Roll was called and all were recorded as
being present.
THE CHARACTER TRAIT OF THE MONTH IS DISCERNMENT:
Understanding what is really happening.
APPROVAL OF MINUTES: Public Hearing & City Council meeting May 3, 2011.
Councilman Renegar made the motion to approve the minutes and Councilman Argo
seconded the motion. The minutes were approved (7-0).
Council President Miller recognized Representative Paul Beckman in the audience.
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S
AGENDA:
Ben Barns, 607 Vintage Way, Prattville, AL, spoke in opposition to Ordinance number 3.
He lives at Oaks of Buena Vista and stated that it is his opinion that this zoning would
cause traffic problems and endanger lives in an already treacherous area. Mr. Barns
asked that this zoning request be denied.
Dick Dorsey, 548 Selma Highway, spoke in favor of Resolution number 2. He stated that
the Planning Commission had voted in his favor and further stated that the cost to run
sewage to this location would be extraordinary. He stated that he can’t develop this
property without sewage.
Jim Marshall, 4267 Lomac, Montgomery, AL, 36106, the potential developer of the
property in question, asked that Ordinance number 3 be postponed.
MAYOR’S REPORT:
Mayor Gillespie reported that City Fest was a success.
The Mayor asked that the following dates be noted: Saturday, May 21st, 10 a.m., Touch-
A-Truck, downtown Prattville; Monday, May 30th, Memorial Day ceremony to be held at
the Autauga County Courthouse and City Hall offices will be closed; Click it or Ticket to
begin May 24th and ending on June 4th; City Employee Appreciation Day to be held at
Pratt Park from 11-1 on June 1st.
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Mayor Gillespie reported that bids have been opened for an aeration system for the
Wastewater Department, which came in under budget, and hopes that it will be on the
agenda at the next Council meeting. The purchase will be paid with 100% grant funds.
He further asked that the Council consider approval for a cost analysis for the
Wastewater Department.
Accident and Property Damage reports are now available online beginning with
incidents that occurred on May 1, 2011.
The Mayor reported that the City still has First Responders out due to the recent
tornado outbreak in our state. To date, approximately 1,400 hours have been spent, with
all overtime to be reimbursed by FEMA.
Councilman Wood asked the Mayor about needed vehicle repairs for the Police
Department, which Mayor Gillespie reported should be started this week.
Councilman Argo questioned when there would be another undercover, underage
alcohol sting. He expressed his concern with recent teenage drinking events. There is a
teenager that has recently been caught and told that “that’s where we always buy it”.
Councilman Argo further stated that while at a Montgomery Biscuits baseball game
recently, he witnessed several teenagers that he knew personally that were purchasing
alcoholic beverages at the game. He asked that Chief Huggins contact MPD regarding
this activity.
Chief Huggins assured the council that he would contact the MPD. He further explained
the process for local underage alcohol consumption and their cooperation with the ABC
Board regarding this. Chief Huggins asked that any stores of concern be reported to
him.
Council President Miller asked Mayor Gillespie if the FEMA reimbursement was 100%.
Mayor Gillespie assured that the overtime is 100% reimbursable, along with out of
pocket expenses and backfill pay. Personnel used to fill the position of those on the
Response teams are also reimbursable.
REPORT ON STATUS OF CITY FINANCES:
Doug Moseley presented each council member with a Revenue & Expense report
inclusive through the month of April, as attached. Mr. Moseley stated that he is
cautiously optimistic for current sales tax revenue and that unexpected revenue has also
come in. He stated that these changes would be reflected in budget amendments on the
revenue and expense side. He further stated that budget amendments would likely
appear before the council for discussion at the next City Council meeting. He reported
that the RFP has been prepared for auditing services and will be presented to eleven (11)
vendors.
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Councilman Boles asked about the funding for the insurance fund. Mr. Moseley reported
that funding for that account is being funded as it’s available. However, claims are being
paid and vendors are being paid.
Council President Miller asked about the total number of employees that have been
reduced, due to the ongoing hiring freeze, Reduction in Force, and retirements.
Doug Moseley stated that there are 46 vacant positions.
President Miller asked for clarification that 46 is a true number, a reduction in head
count, and no funny counting was involved.
Mayor Gillespie assured him that 46 is a true and correct number. Any further hiring
will be brought before the Council.
Mr. Moseley stated that the City has a long way to go, but is definitely on the right track.
Council President Miller expressed his appreciation to Mr. Moseley.
COUNCIL REPORTS:
Councilman Wood reported that the Public Safety Committee met and he thanked
Interim Chief Huggins and Captain Wadsworth for their attendance, and for their
efforts in moving the Police Department forward. Mr. Wood stated that he had
previously distributed information to the council regarding agenda item #4.
Councilman Argo reported that the Wastewater Committee met last week with an
engineering firm who presented some new technology available to the Wastewater
Department.
Councilman Argo anticipated that the Sanitation Committee will be meeting soon and
presenting a recommendation to the council.
Councilman Argo, as a member of the Redistricting Committee, will meet this week
regarding the upcoming redistricting and will have recommendations in the near future.
Council President Miller announced his intentions to resign his position as President of
the City Council tonight, after 6 months of service in this capacity. He considers it a
privilege to work with people that he respects and a privilege to serve as President. He
gave his reason for stepping down as President as added responsibilities at his State job
and expects more added responsibilities in the future. He expressed his complete
confidence in the council as a whole and President Pro Tempore Renegar, and passed
the gavel to Council President Pro Tempore Renegar.
Council President Renegar thanked Dr. Miller for his service.
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Council President Renegar stated that the City Attorney, David McDowell, expressed a
need to go into executive session in order to discuss a legal matter. Councilman Miller
made the motion to go into Executive Session and Councilman Argo seconded the
motion. The council went into Executive Session at 6:42 p.m.
Councilman Argo made the motion to reconvene at 7:12 p.m. and Councilman Wood
seconded the motion. All were in favor of reconvening (7-0).
AGENDA
1. RESOLUTION: TO DECLARE 329 JANICE STREET TO BE A PUBLIC
NUISANCE AND ORDERING THE ABATEMENT PER TITLE 11, CHAPTER
67 OF THE CODE OF ALABAMA, 1975, AS AMENDED. (RESOLUTION
BOOK 2011, PAGE 090)
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 results:
AYES : STRIPLIN, WOOD, ARGO,
MILLER, RENEGAR, BOLES, FANK 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE 0
2. RESOLUTION: PETITION FOR DE-ANNEXATION OF INTERSECTION OF
INTERSTATE 65 AND COBBS FORD ROAD.
This Resolution was held from the April 19th and May 3rd council meetings. There being
no discussion, with a roll call vote, the Resolution failed with the following results:
AYES : MILLER, FANK 2
NAYS : STRIPLIN, WOOD, ARGO,
RENEGAR, BOLES 5
ABSTAINED : NONE 0
ABSENT : NONE 0
3. ORDINANCE: REQUEST TO ZONE PROPERTY LOCATED OFF OF
COUNTY ROAD 4 AND CORLEY ROAD.
This Ordinance was held from the May 3rd meeting. Councilman Boles made the motion
to hold this item. Councilman Striplin concurred in order to allow for more time for
discussion with the Industrial Development Board, the property owner and the
developer, but asked that the Ordinance be tabled indefinitely. Councilman Boles
withdrew his motion to hold and seconded the motion to table. Councilman Wood
requested from City Attorney, David McDowell, to prepare a Resolution for a
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moratorium on any future annexations or de-annexations prior to the 2012 election.
Councilman Argo expressed his concern that a motion to table indefinitely gives the
impression of killing the Ordinance, which is not the Council’s intent. Councilman
Striplin withdrew his motion to table indefinitely, and Councilman Boles withdrew his
second of the motion. Councilman Boles made a motion to table this Ordinance and
Councilman Striplin seconded the motion. All were in favor (7-0).
4. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR, CLASS II
PACKAGE STORE LICENSE TO RADHA, LLC, KARTIKEY & KALPANABEN
PATEL, D/B/A HANGOVER PACKAGE.
This item was previously introduced on April 19, 2011 but failed for lack of a second to
Councilman Wood’s motion to adopt. Councilman Miller seconded the original motion.
Councilman Wood read the Resolution and reported that the Public Safety Committee
has met and discussed the following issues regarding the location of this proposed
package store: (1) There are 24 police reports at this location which include drugs,
alcohol, citizen dispute, theft, disorderly conduct and robbery, from June 12, 2009 to
March 21, 2011; (2) At this intersection there have been seven accidents in the past 16
months; (3) In addition to this being a high traffic area, there are numerous log trucks
traveling to and from International Paper; (4) There are several churches, the Boys and
Girls Club and Ms. Cindi’s Learning Center nearby. He further reported that these
applicants have sold to minors previously and have pleaded guilty to those charges.
Councilman Wood further stated that granting this license is not in the best interest for
the safety of the community.
Councilman Argo asked for a two (2) minute recess at 7: 28, which Council President
Renegar granted.
The Council resumed at 7:30 p.m.
There being no further discussion, the Resolution failed with the following results:
AYES : NONE 0
NAYS : STRIPLIN, WOOD, ARGO,
MILLER, RENEGAR, BOLES, FANK 7
ABSTAINED : NONE 0
ABSENT : NONE 0
5. RESOLUTION: TO SET A PUBLIC HEARING TO GRANT A RETAIL BEER,
OFF PREMISE ONLY, AND RETAIL WINE, OFF PREMISE ONLY, LICENSE
TO PIYUSH PATEL, OWNER, D/B/A KING MEAT AND FOOD.
(RESOLUTION BOOK 2011, PAGE 091)
Councilman Argo made the motion to adopt the Resolution, and Councilman Wood
seconded the motion. There being no discussion, the Resolution was adopted with the
following results:
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AYES : STRIPLIN, WOOD, ARGO,
MILLER, RENEGAR, BOLES, FANK 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE 0
6. 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 092)
Councilman Miller made the motion to adopt this Resolution and Councilman Fank
seconded the motion. Councilman Miller stated that the property located on Cobbs Ford
Road, next to the Post Office has garbage receptacles that are overflowing. City Planner,
Joel Duke, responded by saying that they have started proceedings for this property as a
dilapidated structure. Councilman Miller asked that he keep this property on a short list
as a high traffic area. Councilman Fank questioned what are the City’s options for
property owners who frequent this list? Mr. Duke reported that the City is pursuing
repeat offenders through Municipal Court, which is a lengthy process. 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 RELEASE OF FUNDS, NOT TO
EXCEED $25,000.00 TO BE PLACED IN THE JUVENILE COURT SERVICES
FUND OF AUTAUGA COUNTY.
Councilman Fank made the motion to adopt the Resolution and Councilman Argo
seconded the motion. Councilman Wood asked Mr. Moseley how much money was in
that particular line item, to which he responded $25, 000.oo specifically for this
purpose. Councilman Boles asked if the City had the funds to pay this and Mr. Moseley
reported that the funds were not there. There being no further discussion, the
Resolution failed with the following results:
AYES : WOOD, ARGO, RENEGAR 3
NAYS : STRIPLIN, MILLER, BOLES, FANK 4
ABSTAINED : NONE 0
ABSENT : NONE 0
Councilman Fank, who voted on the prevailing side, asked that this vote be
reconsidered. Councilman Wood seconded the motion to reconsider. All were in favor of
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the motion to reconsider (7-0). Councilman Wood asked if the money was in the account
to pay for this, and Mr. Moseley responded by saying that the funds are not in a specific
segregated amount, and the City doesn’t have $25,000.oo. Councilman Argo asked Mr.
Moseley that in the future if the funds aren’t available or if something is not in the best
interest of the city to please let the Council know ahead of time. There being no further
discussion, with a roll call vote, the Resolution failed with the following results:
AYES : NONE 0
NAYS : STRIPLIN, WOOD, ARGO,
MILLER, RENEGAR, BOLES, FANK 7
ABSTAINED : NONE 0
ABSENT : NONE 0
Councilman Argo nominated Councilman Nathan Fank to fill the President Pro
Tempore vacancy. Councilman Striplin seconded the nomination. There being no other
nominations, all were in favor of Councilman Fank to serve as President Pro Tempore
(7-0).
COMMENTS FROM PERSONS PRESENT:
Andrew Benoist, 511 Old Mill Way, Prattville, AL, asked that the public be made aware
of the progress regarding agenda item #3.
Councilman Fank as representative of that district, stated that he has spoken to several
residents regarding this item, and will be available to any residents.
CLOSING COMMENTS:
Mayor Gillespie stated that Click It or Ticket will be held from Monday, May 23rd
through Sunday, June 5th. Also, there will be no garbage or trash pickup on Monday,
May 30th in observance of Memorial Day. All routes will run on Tuesday, May 31st.
Councilman Wood congratulated President Renegar and President Pro Tempore Fank.
Councilman Argo reported that the Alabama Senate has passed a bill to give Prattville
the authority allow draft beer sales within the City of Prattville, but requires a public
referendum during the next county wide election. There are seven (7) days left in the
Session and he asked Representative Beckman for his assistance in continuing to move
the bill forward. He also thanked Council President Pro Tempore Fank for agreeing to
serve in this capacity.
Councilman Miller reported that he has spent two separate days touring the tornado
ravaged areas throughout the State and Lake Martin. He commended all public safety
responders for their dedication to serve. Dr. Miller congratulated President Renegar and
President Pro Tempore Fank.
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Councilman Boles congratulated President Renegar and President Pro Tempore Fank
and thanked Dr. Miller for being a big man, by stepping down, swallowing his pride and
putting the council and the city before his own good.
Councilman Fank thanked each of the Council members for their show of support, and
congratulated President Renegar.
Council President Renegar stated that Councilmen Wood, Argo, and Miller have each
served as President and that he will continue to build on the foundation that they have
laid, and those that came before them.
ADJOURN:
There being no further business to come before the Council, Councilman Fank made a
motion to adjourn and the motion was seconded by Councilman Miller. The meeting
adjourned at 7:56 p.m.
APPROVED:
______________________
Stephanie J. Southerland
Interim City Clerk
________________________
Michael E. Renegar, President
Prattville City Council