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Minutes 2011-11-151 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, NOVEMBER 15, 2011 6:07 P.M. The Prattville City Council met in regular session on Tuesday, November 15, 2011, at 6:07 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 all councilmen were recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS CONTENTMENT: Enjoying life as it comes. APPROVAL OF MINUTES: Special Session on October 31, 2011, City Council meeting on November 01, 2011 and Work Session on November 8, 2011. Councilman Miller offered an amendment that the “COMMENTS FROM PERSONS PRESENT REGARDING TONIGHTS AGENDA:” section of the minutes from November 1, 2011 read verbatim. Council President Pro Tempore Fank seconded the motion to amend the minutes from November 1, 2011. Councilman Argo made a motion to approve the minutes as amended and Councilman Striplin seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jon Lee Finnegan, 211 Deer Trace Street, Prattville AL, addressed the council regarding all agenda items having monetary amount in their titles. She thanked the council for having the monetary amounts in the agenda items title but informed the council that agenda item no. 4 did not. Mrs. Finnegan asked if the most recent agenda could be posted online because the agenda she pulled off the City of Prattville website did not match the agenda provided to the public on the night of the November 15, 2011 council meeting. Mrs. Finnegan stated that she had watched the Work Session from October 31, 2011 but missed a lot because the microphone was not used every time someone spoke. Mrs. Finnegan asked that everyone please use the microphone before speaking and suggested that the city purchase at least one more microphone. Mrs. Finnegan addressed Council President Renegar regarding a list of questions pertaining to the budget that she had given him and had not received any answers. Council President Renegar informed Mrs. Finnegan that those questions were forwarded to the Mayor. Mayor Gillespie responded to Mrs. Finnegan that the agenda provided the night of the council meeting was different from the one on the website due to some of the agenda items being placed on a Consent Agenda. The Mayor also stated that microphones were approximately $800.00 a piece and that he was fairly certain he had forwarded the answers to Mrs. Finnegan’s budget questions via email but he would double check. Allison Gray, 1698 Old Country Road, addressed the council regarding agenda item no. 3. Mrs. Gray stated that the council needed to pass the budget and she appreciated Councilman Argo’s prayer. Councilman Argo thanked Mrs. Gray for her comments and asked her which budget she would like them to pass. Mrs. Gray responded that she wanted them to pass the one that does not cut public safety. Councilman Argo explained to Mrs. Gray that the budget 2 before the council was the Finance Committee’s proposed budget and that the Mayor had provided the council with a “Hybrid Budget. Councilman Argo asked Mrs. Gray to give him more time to review the budget. MAYOR’S REPORT: Mayor Gillespie provided the council with a “Hybrid Budget” and stated that in this budget the 2% growth had been removed and more cuts were made to multiple departments. The Mayor asked the council to review this budget and asked that agenda item no. 3 be voted down so that this “hybrid budget” could be brought before them. The Mayor thanked Mrs. Gray for her comments. The Mayor reported that International Girl Effect Week will be November 21-27, 2011 and hoped everyone would check it out at girleffect.org. The Mayor announced that the Christmas Tree Lighting would be held on Saturday, December 1, 2011, at 5:00 p.m. in front of City Hall. The Mayor expressed his appreciation for all the hard work from the council and all of the city’s employees. The Mayor asked the council to please move forward with extending the 1% sales tax increase. Councilman Wood asked if the Finance Committee, Mayor and “Hybrid Budget” were all based on the 1% sales tax increase and the Mayor responded yes, they are all based on the 1% sales tax increase. Councilman Wood announced that he would be bringing an amendment from the floor to extend the 1% sales tax thru 2013. Councilman Argo asked the Mayor how the “Hybrid Budget” treated police and fire and Mayor Gillespie responded that there were cuts made but not to personnel. Councilman Argo asked the Mayor if the “Hybrid Budget” included 11 holidays and the Mayor responded yes it did include the 11 holidays. Councilman Argo stated that the Employee Insurance Committee talked about a $25.00 increase and asked the Mayor if the “Hybrid Budget” included the $25.00 increase. The Mayor responded there will be a $25.00 a month health insurance increase but if the employee undergoes the health risk assessment they would be credited $25.00. Councilman Argo asked the Mayor if the “Hybrid Budget” made changes to employee retirement contributions and the Mayor responded no; there were no changes to employee retirement contributions. REPORT ON STATUS OF CITY FINANCES: Interim Finance Director, Doug Moseley, presented the council with an October Financial Report, as attached. Revenue from October and year to date are the same because October is 3 the first month in the fiscal year. We are 29.15% up from last year, which is approximately $605,000.00 and $451,516.00 of that is due to the sales tax increase. Business License revenues are down due to the fact that they are coming up for renewal. Finance Department was supposed to start audit last week but asked for it to be pushed back one week. Councilman Boles asked why salaries were down and benefits were up. Mr. Moseley responded that it was due to workman’s compensation and insurance being included in the benefits. COUNCIL REPORTS: Councilman Argo reported that the Waste Water Committee would have a Resolution(s) for the next council meeting to implement the recommendations from Goodwyn, Mills and Cawood and Jackson Thornton regarding the Waste Water department’s infrastructure, proposed budget and rate structure. Councilman Miller reported that the Fire Committee was close to finalizing the ambulance contract with the Autauga County. Council President Pro Tempore Fank reported that the interview board for the City Clerk felt confident that they would have a recommendation by the first meeting in December. Council President Renegar reported that the Finance Committee’s budget is a fluid document and is not set in stone. AGENDA 1. 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 042) Council President Pro Tempore 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 results: AYES : STRIPLIN, WOOD, ARGO, 7 MILLER, RENEGAR, BOLES, FANK NAYES : 0 ABSTAINED : 0 ABSENT : 0 2. ORDINANCE: TO AMEND CITY CODE DIVISION 2. SALES TAX, SECTION 38- 92 (C) IMPOSITION OF CERTAIN SALES AND USE TAXES. (HELD FROM NOVEMBER 1, 2011) (FAILED) Councilman Wood made a motion to amend line 15 to read as follows: ending on the 30th day of September, 2013. There was no second to Councilman Woods’s motion to amend and the 4 original resolution was back before the council. Councilman Boles requested a roll call vote. Council President Renegar asked the Interim City Clerk to call roll and the Ordinance failed as follows: AYES : RENEGAR, FANK 2 NAYES : STRIPLIN, WOOD, ARGO, 5 MILLER, BOLES ABSTAINED : 0 ABSENT : 0 3. RESOLUTION: TO ADOPT THE CITY OF PRATTVILLE FISCAL YEAR 2011/2012 GENERAL OPERATING FUND BUDGET. (HELD FROM NOVEMBER 1, 2011) (HELD UNITL DECEMBER 6) Councilman Argo stated that he was not comfortable voting on this budget or the sales tax increase extension and he needed more time. Councilman Argo made a motion to hold the Resolution till the first meeting in December and Councilman Boles seconded that motion. Council Miller concurred with Councilman Argo’s decision to hold the Resolution and stated that the Ordinance pertaining to the sales tax increase and the Resolution pertaining to the budget should not get disconnected. Councilman Wood stated that any budget would be contingent on sales tax. Councilman Argo stated that any Resolution to extend sales tax increase should also include a plan to wean the city off of the increase. Councilman Argo added that the council promised the public the sales tax increase was temporary. Councilman Boles stated that he voted down the Ordinance pertaining to sales tax so that he could bring up a new Ordinance in its place. There being no further discussion the Resolution was held with the following results: AYES : STRIPLIN, ARGO, MILLER 6 RENEGAR, BOLES, FANK NAYES : WOOD 1 ABSTAINED : 0 ABSENT : 0 COUNCIL TOOK RECESS Recess Started: 7:03 p.m. Recess Ended: 7:09 p.m. 4. RESOLUTION: TO AFFIX THE COST OF DEMOLITION OF THE DANGEROUS AND UNSAFE STRUCTURE AT 110 7TH STREET. (RESOLUTION BOOK 2011-A PAGE 043) Councilman Wood made a motion to adopt the Resolution and Councilman Boles seconded the motion. There being no further discussion, the Resolution was adopted with the following results: 5 AYES : STRIPLIN, WOOD, ARGO, 7 MILLER, RENEGAR, BOLES, FANK NAYES : 0 ABSTAINED : 0 ABSENT : 0 5. 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 044) Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilman Argo seconded the motion. There being no further discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, 7 MILLER, RENEGAR, BOLES, FANK NAYES : 0 ABSTAINED : 0 ABSENT : 0 27. RESOLUTION: TO AUTHORIZE OVERTIME PAYMENT IN AN AMOUNT NOT TO EXCEED $9,000.00 FOR THE PRATTVILLE POLICE DEPARTMENT FOR THE ALABAMA HIGH SCHOOL ATHLETIC ASSOCIATION PLAYOFFS. (RESOLUTION BOOK 2011-A PAGE 067) Councilman Wood made a motion to amend the Resolution as follows: • Amend line 3 to read (To Authorize Overtime Payment in an Amount Not to Exceed $4,500.00). • Amend line 22 to remove the words (totaling $9,000.00). • Amend line 26 to read (Prattville that funds in an amount not to exceed $4,500.00 for the Alabama High School). Councilman Argo seconds the motion to amend. The amendments were approved (7-0). Council President Pro Tempore Fank made a motion to amend the Resolution as follows: • Amend line 30 to read (made available from the General Fund but will be reimbursed by Prattville High school from gate receipts from the athletic endeavor on November 25, 2011.) Councilman Boles seconded the motion to amend. The amendments were approved (7-0). There being no further discussion the amended Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, 7 MILLER, RENEGAR, BOLES, FANK NAYES : 0 6 ABSTAINED : 0 ABSENT : 0 CONSENT AGENDA 6. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $550.00 FOR MONTHLY TESTING OF EFFLUENT. (RESOLUTION BOOK 2011-A PAGE 045) 7. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $30.00 FOR REPAIRS MADE TO THE WATER LINE AT THE FIRING RANGE. (RESOLUTION BOOK 2011-A PAGE 046) 8. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $500.00 FOR MONTHLY PURCHASE ORDER FOR POLICE CAR RADIO REPAIR. (RESOLUTION BOOK 2011-A PAGE 047) 9. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $250.00 FOR MONTHLY PURCHASE ORDER FOR EMERGENCY VEHICLE LIGHT REPAIR. (RESOLUTION BOOK 2011-A PAGE 048) 10. RESOLUTION: TO MAKE FUNDS AVAILABLE TO THE PRATTVILLE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $10,000.00 FOR OPEN PURCHASE ORDER TO ONE STOP ENVIRONMENTAL. (RESOLUTION BOOK 2011-A PAGE 049) 11. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED$500.00 FOR OFFICE SUPPLIES FOR THE PRATTVILLE POLICE DEPARTMENT. (RESOLUTION BOOK 2011-A PAGE 050) 12. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $5,850.00 FOR THE ALABAMA CRIMINAL JUSTICE INFORMATION CENTER SERVICE CONTRACT. (RESOLUTION BOOK 2011-A PAGE 051) 13. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $1,356.56 FOR THE CITY CLERK AND ASSISTANT CITY CLERK TO ATTEND MUNICIPAL ELECTION TRAINING. (RESOLUTION BOOK 2011-A PAGE 052) 14. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $35.00 FOR ONE (1) NAME PLATE AND $125.00 FOR ONE (1) BOX OF BUSINESS CARDS FOR THE CITY CLERK DEPARTMENT. (RESOLUTION BOOK 2011-A PAGE 053) 15. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $50.00 FOR ONE (1) NOTARY PUBLIC BOND FOR THE CITY CLERK DEPARTMENT. (RESOLUTION BOOK 2011-A PAGE 054) 7 16. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $45.00 FOR THE TOWING OF ONE (1) PRATTVILLE POLICE VEHICLE. (RESOLUTION BOOK 2011-A PAGE 055) 17. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $100.00 FOR MEALS AND $50.00 FOR FUEL FOR LEISURE SERVICES TO HAVE AN EMPLOYEE ATTEND THE STATE SOCCER TOURNAMENTS. (RESOLUTION BOOK 2011-A PAGE 056) 18. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $50.00 TO PURCHASE FOOD FOR THE SENIOR THANKSGIVING BRUNCH AND GAMES DAY. (RESOLUTION BOOK 2011-A PAGE 057) 19. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $770.00 TO REGISTER THE PRATTVILLE ALL-STAR SOCCER TEAMS FOR STATE TOURNAMENT. (RESOLUTION BOOK 2011-A PAGE 58) 20. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $1,183.93 FOR PAYMENT TO THE CENTRAL AGING CONSORTIUM FOR FOOD PROVIDED AT THE GILLESPIE CENTER. (RESOLUTION BOOK 2011-A PAGE 059) 21. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN THE AMOUNT OF $60.00 FOR PAYMENT TO THE AUTAUGA HOME SUPPLY. (RESOLUTION BOOK 2011-A PAGE 060) 22. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN THE AMOUNT OF $1,750.00 FOR PAYMENT TO THE JOY TO LIFE FOUNDATION. (RESOLUTION BOOK 2011-A PAGE 061) 23. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN AN AMOUNT NOT TO EXCEED $300.00 FOR THE ALABAMA CRIMINAL JUSTICE INFORMATION CENTER SERVICE CONTRACT. (RESOLUTION BOOK 2011- A PAGE 062) 24. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS IN THE AMOUNT OF $697.00 FOR PAYMENT TO J & J INDUSTRIAL SUPPLY AND $1,458.00 FOR PAYMENT TO LOWES FOR CHRISTMAS DECORATIONS AND THE SUPPLIES NEEDED TO DISPLAY THEM. (RESOLUTION BOOK 2011-A PAGE 063) 25. RESOLUTION: TO AUTHORIZE OVERTIME PAYMENT IN AN AMOUNT NOT TO EXCEED $38,557.36 FOR THE PRATTVILLE POLICE DEPARTMENT FOR SHOPPING CENTER PARKING LOT DETAIL DURING THE 2011 HOLIDAY SEASON. (RESOLUTION BOOK 2011-A PAGE 064) 26. RESOLUTION: TO AUTHORIZE OVERTIME PAYMENT IN AN AMOUNT NOT TO EXCEED $408.64 FOR THE PRATTVILLE POLICE DEPARTMENT FOR 8 CROWD CONTROL AND SECURITY FOR THE CHRISTMAS TREE LIGHTING & WINTER WONDERLAND. (RESOLUTION BOOK 2011-A PAGE 065) 28. RESOLUTION: TO AUTHORIZE OVERTIME PAYMENT IN AN AMOUNT NOT TO EXCEED $5,312.18 FOR THE PRATTVILLE POLICE DEPARTMENT FOR TRAFFIC CONTROL, CROWD CONTROL AND SECURITY FOR THE CHRISTMAS PARADE. (RESOLUTION BOOK 2011-A PAGE 066) Council President Pro Tempore Fank made a motion to put Agenda items 6-28 on a Consent Agenda and Councilman Striplin seconded the motion. Councilman Wood announced he would like to make an amendment to Agenda item 27. Council President Pro Tempore Fank withdrew his motion to put Agenda items 6-28 on a Consent Agenda and Council Striplin withdrew his second. Council President Pro Tempore Fank made a motion to put Agenda items 6-26 and 28 on a Consent Agenda and Councilman Wood seconded the motion. Agenda items 6-26 and 28 were put on a Consent agenda (7-0). Councilman Miller made a motion to adopt the consent agenda and Council President Pro Tempore Fank seconded the motion. Councilman Miller suggested that before purchasing items listed in Agenda item 14 to shop around for a better price. There being no further discussion the Consent agenda was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, 7 MILLER, RENEGAR, BOLES, FANK NAYES : 0 ABSTAINED : 0 ABSENT : 0 COMMENTS FROM PERSONS PRESENT: De’ Voe Jones, 510 Vindale Court, Prattville AL, addressed the council to make sure they had received his public notice regarding HIV Awareness Day. Mr. De’ Voe also asked for the council’s support in renaming the Stanley Jenson Stadium to Stanley Jenson Pickett Stadium to commemorate the late Coach Lorenzo Pickett. Council President Pro Tempore Fank stated that he played football with Coach Picket and knew him well. Council President Pro Tempore Fank then stated that it would be more appropriate to name a Board of Education property after Coach Pickett. Mr. Jones disagreed with Council President Pro Tempore Fank and asked the council to consider renaming the Stanley Jenson Stadium. Jon Lee Finnegan, 211 Deer Trace Street, Prattville AL, addressed the council regarding the Enterprise Fund. Mrs. Finnegan asked if the Enterprise fund would be discussed at the next council meeting. Councilman Argo responded yes, the Enterprise fund would be discussed at the next council meeting. 9 Mrs. Finnegan went on to express her concerns about the fees proposed in the Enterprise Fund. Councilman Argo stated that he would like to have Jim Marshal, the representative from Jackson Thornton, present at the next council meeting to be able to answer her questions. John Lee, 819 Cottage Lane, asked the council for clarification on new state legislation that would affect employee retirement contribution. Mr. Lee stated that it was his understanding that there was no required increase for the city or employee in order to continue to participate in state retirement however the city had an option to pass more of the burden of contribution to the employee and reduce the contribution made by the city. Council President Renegar informed Mr. Lee that he is correct. Mr. Lee stated that at a previous Work Session Council President Renegar had mentioned that the League of Municipalities had sent out a letter to the cities encouraging them to opt out and not increase the contribution amount from the employees. Council President Renegar stated that the League of Municipalities recommendation to municipalities was if they could afford it to opt out. Mr. Lee encouraged the council to opt out. CLOSING COMMENTS: Mayor Gillespie asked for guidance from the council on how to move forward with this city without the 1% sales tax being extended. The Mayor stated that he would like the “Hybrid Budget” back and did not want that to be considered the Mayor’s proposed budget any further because without the 1% increase extension it was invalid. The Mayor stated that the indicators that he had received from the Finance Committee and various council members were that the 1% increase would be extended. Mayor Gillespie asked for the “Hybrid Budget” back or if any council members choose to keep it to remove his name from it. Mayor Gillespie asked to meet with the Leisure Services, Public Safety and Fire Committees as soon as possible to discuss what direction these departments will be moving in. The Mayor stated that he would need to stop negotiations with the county on the ambulance contract because he did not feel that he could negotiate with them when he did not know what the city had to offer. The Mayor stated that he planned to run the city’s day to day operations as he had been for the last 9 to 10 months. The Mayor announced he would be calling a department head meeting as soon as possible to discuss with each department what areas they could cut back in. 10 Mayor Gillespie wishes everyone a Happy Thanksgiving. Council President Renegar encouraged the Mayor not to throw in the towel. Council President Renegar stated that what he heard was that a majority of the council would like the Finance Committee to go back to the drawing board and provide the council with a new Ordinance pertaining to extending the 1% sales tax increase that includes a plan to wean the city off of the 1% sales tax increase. Council President Renegar stated that the Finance Committee should have something to bring before the council regarding this sales tax extension by the first meeting in December and that the city still has the 1% sales tax increase until April 2012 and should continue to operate normally. The Mayor stated that it was not fair to ask him to run a city without knowing what the revenue for the fiscal year would be and that he would move forward as if the 1% sales tax increase ends in April 2012. Councilman Argo stated that if the Mayor could show him a plan to extend the sales tax increase that would also wean the city off of that increase, he would support it. Councilman Miller expressed his appreciation to the Mayor for all of his hard work and reiterated that he did not think it was wise to separate the Ordinance pertaining to the sales tax increase from the Resolution pertaining to the budget. Councilman Miller advised the Mayor to be cautious when calling the emergency meetings for the Leisure Service, Fire and Public Safety Committees as it could unintentionally cause anxiety across the city workforce and citizenry. Councilman Boles apologized to the Mayor for letting the Ordinance pertaining to the sales tax increase go to a vote. Councilman Boles stated that he should have asked for the Ordinance to be held. Councilman Boles asked Mayor Gillespie for more time to review the “Hybrid Budget”. Mayor Gillespie stated that Councilman Boles could keep the “Hybrid Budget” but asked Councilman Boles to remove the Mayor’s name from it. Councilman Wood stated that the Resolution pertaining to the budget should not have been held but should have been voted down completely. Councilman Wood stated that he voted against the Ordinance pertaining to the sales tax increase because it is his opinion that the sales tax increase should be extended until 2013. Council President Pro Tempore Fank made a motion to adjourn. ADJOURN: There being no further business to come before the council, Council President Pro Tempore Fank made the motion to adjourn and Councilman Striplin seconded the motion. The meeting adjourned (7-0) at 8:07 p.m. 11 APPROVED: ___________________________ Jamie F. McClellan Interim City Clerk ____________________________ Michael E. Renegar, President Prattville City Council