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Minutes 2011-09-061 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 6, 2011 6:04 P.M. The Prattville City Council met in regular session on Tuesday, September 6, 2011, at 6:04 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 Councilman Miller was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS THOROUGHNESS: Details that influence my quality of work. APPROVAL OF MINUTES: Public Hearing & City Council meeting August 16, 2011, Public Hearing & Work Session August 30, 2011. Councilman Argo made the motion to approve the minutes and Councilman Striplin seconded the motion. The minutes were approved (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: John Z. Lee, 819 Cottage Lane, Prattville, AL, read a prepared statement on behalf of the Prattville Police Officer’s Association asking the Council to freeze employee contributions to the city’s self-funded insurance program. He stated that the employees have taken considerable cuts to their household budgets due to the freeze on merit raises and overtime, unpaid furlough days, unpaid holidays, and insurance premium increases. Another insurance premium increase will again affect the bottom line for Prattville police officer’s income. He requested no insurance premium increases be implemented until the city provides their dedicated funding. Council President Pro Tempore Fank stated that he sponsored the Resolution and wants to stop any additional increases. Human Resources Director, Lisa Thrash, is still shopping options for the insurance. Therefore, Mr. Fank will make a motion to hold this Resolution until further information is gathered. Ed Packard, 809 Cottage Lane, Prattville, AL read a prepared statement and asked that the council hold agenda item number 2. He stated that he had raised legitimate concerns at the Public Hearing which was held on August 30th. He has requested documents from the City Attorney that he would like to review before the council takes action on the redistricting. MAYOR’S REPORT: Mayor Gillespie introduced Heather Wilson, Deputy Commissioner of Prattville Dixie Youth Baseball, and Commissioner, Kip Williams, who presented a check for $10,000.00 to the Leisure Services Department for the David Whetstone Sports Complex. Mayor Gillespie expressed his appreciation to the Youth Baseball for their continued efforts for improvements to the Complex. 2 The Mayor reported that August sales tax with the $.01 sales tax increase have provided $1,766,960.00, less rebates of $1,702,000.00, compared to August, 2010 collections of $1,391,000.00. Mayor Gillespie thanked Webmaster, Teresa Lee, for being elected to the Board of Directors for the National Association of Government Webmasters representing the southern region. She will take office November 1st for a two year term. The Mayor thanked the Council for their show of support on Resolution #9 and invited everyone to the 9-11 ceremony at Fire Station #3 on Sunday, September 11th at 7:46 a.m. and to a moment of remembrance at noon at Prattville City Hall around the flag pole. LPGA is next week and reminded everyone that there is no admission charge. They are accepting donations for the Wounded Warriors Association. Haley Lawrence, a graduate of Prattville High School, attending Troy University, recently participated in qualifying rounds to fill a spot on the Tour. Regarding agenda item #1, Mayor Gillespie asked the council to vote no, and let his office handle this internally per the Insurance Committee recommendations. Regarding agenda item #10, Mayor Gillespie presented recommendation for Fire Chief: Terry Brown and Michael Rogers; for Police Chief: Tim Huggins and Mark Thompson. Mayor Gillespie presented his 2012 budget package which was prepared with Human Resources Director, Lisa Thrash, and Interim Finance Director, Doug Moseley. He stated that the budget is based on the $.01 sales tax increase being extended through September, 2012. He explained that enterprise fund accounts are being formed to help build reserve funds for the Wastewater and Sanitation Departments. The Mayor stated that the budget doesn’t include furloughs, but does include several benefit options. He also reported that the $.01 sales tax increase has collected $1,387,376.60 and $1,692,971.90 has been paid towards bond issues since May 1st. COUNCIL REPORTS: Councilman Argo reported that the Wastewater Department studies are ongoing and there will be options available in the next couple of weeks. Mr. Argo asked the council to move forward on agenda item number 2. The Redistricting Committee is ready to move forward. Council President Pro Tempore Fank, as Chairman of the Leisure Services Committee, thanked the Dixie Youth Baseball for their generous donation and assured them that it would be well spent. Council President Renegar also thanked the Dixie Youth for their contribution. Council President Renegar announced a Public Hearing to hear public comments regarding the 2012 budget on Monday, September 12th at 6:00 p.m. in the Council Chambers at City Hall. There will be a Council Work Session immediately following the Public Hearing. 3 President Renegar requested the council to go into Executive Session prior to voting on agenda item #10 on advice of legal counsel. 1. RESOLUTION: TO DECLARE A FREEZE ON EMPLOYEE HEALTHCARE PREMIUM CONTRIBUTIONS. Council President Pro Tempore Fank made a motion to hold this item for two weeks. Councilman Argo seconded the motion. There being no further discussion, the Resolution was held with the following results: AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 2. ORDINANCE: TO RESTRUCTURE THE COUNCIL DISTRICTS INTO SEVEN DISTRICTS AND TO PROVIDE FOR THE ELECTION OF A COUNCIL PERSON FROM EACH DISTRICT AND TO PROVIDE FOR THE ELECTION OF THE MAYOR AT LARGE. (ORDINANCE BOOK 2011-A PAGE 024) A public hearing was held regarding this item on August 30th with one citizen in attendance to speak in opposition to this Ordinance. Councilman Argo explained that there was a consent decree in 1988 and 1992 requiring the city to make sure that there was at least one council district that allowed the opportunity for the election of a minority. Since 1988, a plan similar to this has been submitted and approved by the Department of Justice. The City of Prattville does not have a minority population large enough in one area of the city to allow the minorities to have an opportunity for representation in government. The minority population is located throughout the city. Councilman Argo encouraged support of this Ordinance and the submission to the Department of Justice. Council President Pro Tempore Fank asked if there is an issue with the district lines, if the Department of Justice will tell us to re-draw the lines. Councilman Argo stated that the only issue they may have would be the lines of District 2 not being contiguous. However, the DOJ has received and approved similar lines since 1988. 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. RESOLUTION: 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- A, PAGE 012) 4 A public hearing was held regarding this item at 6:00 p.m. Councilman Striplin made a motion to adopt the Resolution and Councilman Wood seconded the motion. 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 Because Ordinances are generally held for 2 weeks, it is necessary for the council rules to be suspended on agenda item numbers 4 and 5 if immediate action is to be considered. 4. ORDINANCE: REQUEST TO SURPLUS VARIOUS EQUIPMENT FROM THE POLICE DEPARTMENT. (ORDINANCE BOOK 2011-A, PAGE 025) Council President Pro Tempore Fank made a motion to adopt the Ordinance and Councilman Argo seconded the motion. Councilman Argo made a motion to suspend the rules and Council President Pro Tempore Fank seconded the motion. The rules were suspended (6-0). There being no 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 5. ORDINANCE: REQUEST TO SURPLUS TWO (2) TRACTORS FROM THE WASTEWATER DEPARTMENT. (ORDINANCE BOOK 2011-A, PAGE 026) Councilman Argo made a motion to adopt the Ordinance and Council President Pro Tempore Fank seconded the motion. Councilman Wood made a motion to suspend the rules and Council President Pro Tempore Fank seconded the motion. The rules were suspended (6-0). There being no 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 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-A, PAGE 013) 5 Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilman Striplin seconded the motion. 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. RESOLUTION: TO ACCEPT MAINTENANCE OF RIVERCHASE NORTH SUBDIVISION PLATS 4A, 4B, 4C AND 5. (RESOLUTION BOOK 2011-A, PAGE 014) Councilman Boles made a motion to adopt the Resolution and Councilman Argo seconded the motion. 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 8. RESOLUTION: TO SET A PUBLIC HEARING FOR A RESTAURANT RETAIL LIQUOR LICENSE FOR GEORGE HARVEY RUSSELL, OWNER, D/B/A THE CAFÉ, LLC. (RESOLUTION BOOK 2011-A, PAGE 015) Councilman Wood made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. 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 9. RESOLUTION: TO SUPPORT THE NATIONAL MOMENT OF REMEMBRANCE OF THE 10TH ANNIVERSARY OF SEPTEMBER 11TH. (RESOLUTION BOOK 2011- A, PAGE 016) Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Council President Pro Tempore Fank thanked President Renegar for sponsoring this Resolution. Councilman Argo also thanked President Renegar for his sponsorship. There being no further discussion, the Resolution was adopted with the following results: 6 AYES : STRIPLIN, WOOD, ARGO, RENEGAR, BOLES, FANK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 Councilman Boles made a motion to go into Executive Session at 7:08 p.m. and Councilman Argo seconded the motion. All were in favor (6-0). Councilman Argo made a motion to return from Executive Session at 7:46 p.m. and Councilman Striplin seconded the motion. All were in favor (6-0). 10. RESOLUTION: TO SUBMIT NOMINATIONS FOR THE APPOINTMENT OF THE POSITIONS OF THE FIRE CHIEF AND THE POLICE CHIEF. (RESOLUTION BOOK 2011-A, PAGE 017) Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Wood offered an amendment to line 29 to insert the the name Terry D. Brown and another amendment to line 35 to insert the name Timothy E. Huggins. Councilman Striplin seconded the motion. Councilman Boles made note that he supported the amendment to line 35, but not the amendment to line 29. The amendments were adopted (5-1) and (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 COMMENTS FROM PERSONS PRESENT: Lonnie Brown, 258 Teri Lane, Prattville, AL, asked when the proposed budget would be available. Mr. Brown stated that he will be reviewing the budget thoroughly. Mayor Gillespie stated that it would be on the city website after lunch tomorrow. Council President Renegar offered to provide Mr. Brown a hard copy of the budget. Mr. Mark Thompson, 311 Abington Street, Prattville, AL, thanked the Mayor and City Council for allowing him to be considered for the position of Police Chief and offered his assistance in the future of the Police Department. He also congratulated Chief Huggins. Councilman Argo expressed his appreciation to Mr. Thompson for his interest and wished him and his family the best. 7 CLOSING COMMENTS: Mayor Gillespie thanked the employees and the council for their hard work. He stated that he is looking forward to working with Chief Brown and Chief Huggins. Councilman Wood congratulated Chief Brown and Chief Huggins and further applauded each of the candidates. He also thanked the employees and the citizens of District 2. Councilman Argo congratulated Chief Brown and Chief Huggins and wished each of them well in their continued efforts to move the city forward. Councilman Argo reported that a legal ad that has been published in the Prattville Progress regarding a local bill to rearrange the boundary lines of Autauga and Elmore counties and asked if anyone was aware of the purpose of the ad to please address the council regarding this. Councilman Boles congratulated Chief Brown and Chief Huggins. Council President Pro Tempore Fank congratulated Chief Brown and Chief Huggins and applauded them for the work they’ve done during their Interim period. He further expressed his appreciation to all of the city employees for a tremendous job. He encouraged everyone to come together as the city family we’ve become. Council President Renegar thanked the Interview Committee and congratulated Chief Brown and Chief Huggins. He further reminded everyone of the Public Hearing and Work Session to be held Monday, September 12th. ADJOURN: There being no further business to come before the Council, Councilman Wood made a motion to adjourn and the motion was seconded by Council President Pro Tempore Fank. The meeting adjourned at 8:02 p.m. APPROVED: ___________________________ Stephanie J. Southerland City Clerk ____________________________ Michael E. Renegar, President Prattville City Council