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Minutes 2011-12-201 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, DECEMBER 20, 2011 6:06 P.M. The Prattville City Council met in regular session on Tuesday, December 20, 2011, at 6:06 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Council President Renegar gave the invocation. Roll was called and all Councilmen were recorded as being present. Council President Renegar welcomed new City Clerk Cathy Dickerson. THE CHARACTER TRAIT OF THE MONTH IS BENEVOLENCE: Pursuing the good in others. APPROVAL OF MINUTES: City Council Meeting December 6, 2011. Councilman Argo made the motion to approve and Councilman Miller seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jose Perez, Holly Brook, owns Jose’s Cantina in Pine Level and Prattville. Mr. Perez encouraged the continuation of the 1-percent sales tax. Mr. Perez stated that every day change is left at his businesses. The 1-percent sales tax would help the city to move forward. MAYOR’S REPORT: Mayor Gillespie recognized County Commissioner Sid Thompson. Commissioner Thompson wished all present a Merry Christmas and a Happy New Year. Mayor Gillespie recognized State Representative Paul Beckman. Representative Beckman encouraged Council members to pass the Resolution requesting that District 88 remain whole and wished all a Merry Christmas. Mayor Gillespie commented, regarding Item #7, that it is in the best interest of the City of Prattville and the entire River Region to remain whole within one House and one Senate District. Mayor Gillespie asked that Item #5 be held. The county would like the ambulance and jail contracts to carry forward at one meeting. The county is currently gathering figures for the jail contract. The Mayor commented, regarding Item #2, that the proposed Resolution includes an extension of the 1-percent sales tax and then drops to ½-percent for the next budget cycle. Mayor Gillespie asked the City Council to amend the Resolution and move forward with the 1- percent sales tax extension through September, 2013. The 1-percent sales tax extension was included in the original 5-year plan presented to the Council. Without the full 1-percent sales tax extension through the complete 2013 budget cycle, the next administration will not have 2 the financial support it will need to continue full recovery. The general population understands the need for the sales tax extension; this is a move in the right direction. Mayor Gillespie, regarding Items #13, 14 and 15, has gathered information from various cities regarding their management of parades and fun runs. After the first of the year, Mayor Gillespie will ask promoters, managers and organizers of these types of events to form a committee and bring back recommendations regarding the overwhelming expense associated with these events. While these events are quality of life events, fun runs and parades are a drain on the police department and fire department budgets. Mayor Gillespie hoped Council members would be able to meet with this committee. Mayor Gillespie noted that this has been a wonderful year. This has been a year of reorganization, cross training, and multitasking. Revenue has increased and costs have reduced; there is still a way to go for full financial recovery. Without the department heads and employees, there would not be light at the end of the tunnel. Mayor Gillespie thanked the employees and citizens of Prattville and wished all a Blessed Christmas and safe New Year. Councilman Miller asked Mayor Gillespie to clarify regarding the sales tax extension through the 2013 budget. Mayor Gillespie preferred the 1-percent sales tax extension through September 30, 2013. Councilman Miller asked Mayor Gillespie what is the downside to moving forward with the ambulance contract tonight. Mayor Gillespie responded it would be respectful to the County Commissioners to wait until they have their jail contract ready. Councilman Miller noted that the ambulance contract and jail contract are two stand-alone business deals. Councilman Miller applauded Mayor Gillespie for development of a policy on the different fund raisers that are a cost to taxpayers and to the city to support them. He agreed they are quality of life events to the community, but pointed out there is a price incurred by the city. There is a move from 3K and 5K runs to half-marathons which increases the burden on city resources. The number of runs will continue to grow as the fundraiser of choice. Councilman Miller encouraged Mayor Gillespie to have a firm deadline to present a policy to the City Council for consideration and not let this drag out. REPORT ON STATUS OF CITY FINANCES: Interim Finance Director, Doug Moseley, presented the Council with a Revenue & Expense Report through the month of November, as attached. Revenue has increased 40.48% from last year. In the expense report, most departments have spent less than last year. Departments showing more expenditures than last year are due to insurance claims or increase in departmental salaries after reorganization. Operational expenses for the first two months are down $567,000 compared to last year. The first payment on the bridge loan has been paid and a second payment of $500,000 will be made this week. This leaves two payments due on the bridge loan. Councilman Wood asked when the next bridge payment is due. Mr. Moseley responded in May, 2012. Councilman Wood asked if the city would be able to pay the bridge loan if there is 3 no extension of 1-percent sales tax. Mr. Moseley responded without the extension of sales tax, the city would likely have to take out another bridge loan. Councilman Miller asked if the notation of “8.33% Year Complete” on page 1 should be “16.66% Year Complete” to reflect two months. Mr. Moseley agreed it should. 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 076) Council President Pro Tempore Fank made a motion to adopt the Resolution and Councilman Boles 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. ORDINANCE: To Amend City Code Division 2. Sales Tax, Section 38-92 (c) Imposition of Certain Sales and Use Taxes. (ORDINACE BOOK 2011 PAGE 029) Councilman Striplin made a motion to adopt the Ordinance and Councilman Boles seconded the motion. By point of order, it is necessary for the council rules to be suspended if immediate action is to be considered. Councilman Argo moved to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (7-0). Councilman Wood made a motion to amend the Ordinance to continue the 1-percent sales tax from January 1, 2013 through September 30, 2013. Councilman Boles seconded the motion to amend the Ordinance. During discussion, Councilman Boles stated he was in agreement with the Mayor and Councilman Wood and added it has taken this Council three years to understand where the city is financially. The new administration will then have only three months to make financial decisions. Council President Renegar referred the amendment to legal counsel. As a point of clarification, Councilman Wood stated that line #16 of the Ordinance would be amended to continue with 1-percent sales tax extension rather than drop to ½-percent sales tax extension. Councilman Boles asked for a division of the house. The amended Ordinance failed (3-4) with Councilmen Striplin, Argo, Miller and Council President Pro Tempore Fank opposed. There being no further discussion, the Ordinance as originally presented was adopted with the following results: AYES : WOOD, MILLER, RENEGAR, BOLES, FANK 5 4 NAYS : STRIPLIN, ARGO 2 ABSTAINED : NONE 0 ABSENT : NONE 0 3. RESOLUTION: To Adopt the City of Prattville Fiscal Year 2011/2012 General Operating Fund Budget. (RESOLUTION BOOK 2011-A PAGE 076) The Resolution was held from the December 6, 2011 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 4. RESOLUTION: To Authorize the City Attorney to File “Weeded Liens” on Certain Properties. (Sponsored by Council President Pro Tempore Fank (RESOLUTION BOOK 2011-A PAGE 077) The Resolution was held from the December 6, 2011 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 5. RESOLUTION: To Authorize the Mayor to Enter into Ambulance Contract with Autauga County. (RESOLUTION BOOK 2011-A PAGE 078) Councilman Miller made a motion to adopt the Resolution and Council President Pro Tempore Fank seconded the motion. Councilman Boles made a motion to hold until the next meeting and Council President Pro Tempore Fank seconded the motion. Councilman Miller stated he would vote against holding the Resolution. He further noted much work has gone into this contract with periodic updates to the Council. It is a good solid contract, fair to the city and the county. Councilman Striplin asked, with the contract dated to begin January 1, 2012, if there are issues with continuing to provide service without a new contract. Councilman Boles asked Mayor Gillespie when he expected to receive the jail contract. Mayor Gillespie expected to receive the jail contract shortly after the first of the year. The vote to hold the contract failed (2-5) with Councilmen Striplin, Wood, Argo, Miller, and President Pro Tempore Fank opposed. The Resolution was adopted with the following results: AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 5 ABSENT : NONE 0 6. ORDINANCE: To Amend Benefits for the City Council, City Attorney, City Judge, and City Prosecutor. (HELD UNTIL JANUARY 3, 2012) Council President Pro Tempore Fank moved to adopt the Ordinance and Councilman Miller seconded the motion. By point of order, it is necessary for the council rules to be suspended if immediate action is to be considered. Councilman Miller moved to suspend the rules and Councilman Striplin seconded the motion. The rules were not unanimously suspended (6-1) with Councilman Argo voting against the suspension. The Ordinance was held over until the January 3, 2012 meeting. 7. RESOLUTION: To Express the Intent of the City Council to Request the City of Prattville be Kept Whole within District 88. (RESOLUTION BOOK 2011-A PAGE 079) Councilman Argo made a motion to adopt the Resolution and Councilman Striplin seconded the motion. Councilman Argo expressed his appreciation of the efforts of Representative Beckman on behalf of this Resolution. 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 8. RESOLUTION: To Re-Appoint Thomas Newton to the Historic Prattville Redevelopment Authority Board. (RESOLUTION BOOK 2011-A PAGE 080) Councilman Striplin 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, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 9. RESOLUTION: To Appoint Matt Holtzscher to the Historic Prattville Redevelopment Authority Board. (RESOLUTION BOOK 2011-A PAGE 081) Councilman Argo 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, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 6 ABSTAINED : NONE 0 ABSENT : NONE 0 10. RESOLUTION: To Appoint Edward Rouze to the Historic Prattville Redevelopment Authority Board. (RESOLUTION BOOK 2011-A PAGE 082) Councilman Boles 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, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 11. RESOLUTION: To Authorize the Mayor to Sign all Agreements and Assurances Regarding a $267,030 Grant by Alabama Emergency Management Agency for Acquisition and Removal of Flood-Prone Properties. (RESOLUTION BOOK 2011-A PAGE 083) Councilman Miller made a motion to adopt the Resolution and Councilman Argo seconded the motion. City Attorney McDowell noted that with the adoption of the budget, line #33 should read “Planning Department Miscellaneous Contract Services” rather than “General Fund.” Councilman Miller made a motion to amend Line #33 to read “Planning Department Miscellaneous Contract Services” and Council President Pro Tempore Fank seconded the motion. The Resolution was amended (7-0). The amended 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 12. RESOLUTION: To Authorize the Demolition of Structure at 1085 South Memorial Drive at the Cost of $7,250.00. (RESOLUTION BOOK 2011-A PAGE 084) Councilman Boles made a motion to adopt the Resolution with line #48 reading “Planning Department Dilapidated House Demolition” rather than “General Fund” and Council President Pro Tempore Fank seconded the motion. 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 13. RESOLUTION: To Authorize Overtime Payment in an Amount Not to Exceed $967.50 7 for the Prattville Police Department for the Cruising the Creek 1K and 5K Runs. (POSTPONED INDEFINITELY) Councilman Argo moved to postpone Items #13, 14, and 15 indefinitely after adoption of the budget and Council President Pro Tempore Fank seconded the motion. 14. RESOLUTION: To Authorize Overtime Payment in an Amount Not to Exceed $254.00 for the Prattville Police Department for the PHS Double Play Booster Club 5K Run. (POSTPONED INDEFINITELY) 15. RESOLUTION: To Authorize Overtime Payment in an Amount Not to Exceed $1,634.00 for the Prattville Police Department for the MLK Parade. (POSTPONED INDEFINITELY) AYES : STRIPLIN, WOOD, ARGO, MILLER, RENEGAR, BOLES, FANK 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 COMMENTS FROM PERSONS PRESENT: Alison Gray, 1698 Old Country Road, Deatsville, thanked Council President Pro Tempore Fank for his integrity and straight forwardness in addressing her by name. She further stated that while she does not live in the city limits, she does spend money in the city. Mrs. Gray felt statements she had made in the past may have been misunderstood. She is glad to have the shopping center in east Prattville. Mrs. Gray stated that she should be able to address the Council without fear of being attacked. She added that Councilman Argo’s speech at the last meeting strengthened her resolve. Council President Renegar asked Mrs. Gray to keep her comments toward the business of the Council and not directed to an individual. Mrs. Gray stated she appreciated the hard work of the Council. She wanted to speak without fear of attack or intimidation. Ronnie Brant, 258 Teri Lane, Prattville, noted there are several draft budgets on the website and asked if the budget passed tonight will be on the website. Council President Renegar provided Mr. Brant with a copy of the budget and added the budget adopted tonight assumes 0% growth. County Commissioner Sid Thompson thanked the City Council for passing the ambulance contract tonight and added that this service is outstanding. Council President Renegar thanked Commissioner Thompson for her service. Councilman Wood added it was a privilege to have previously served with Mrs. Thompson on the City Council. Daniel Stice, 1189 E. Main Street, Prattville, owns two local businesses. He asked Councilman Argo if he wanted the 1-percent sales tax for three months and the ½-percent sales tax for nine months. Councilman Argo explained that the 1-percent sales tax would extend from January 1, 2012 until December 31, 2012. The ½-percent sales tax would extend from January 1, 2013 until September 30, 2013. Mr. Stice stated that the next governing body should have a cushion. 8 CLOSING COMMENTS: Council President Renegar granted a point of personal privilege to Councilman Argo. Councilman Argo asked to proceed with the Mayor’s report and Council reports. Mayor Gillespie thanked the members of the City Council for the ability to come together and work toward solutions. He added the city has made progress and he looks forward to working with Council members through the Quadrennium. He wished everyone a Merry Christmas and a safe New Year. Budget hearings will begin mid-July. Councilman Wood thanked city employees for all they do. He prayed God’s blessings on everyone during Christmas and wished them God speed. Councilman Miller echoed wishes for a safe and happy holiday season. He urged everyone to remember the reason for Christmas and spend time with family and faith. Councilman Boles wished everyone a Merry Christmas and Happy New Year and encouraged all to remember that the Lord is the reason for the season. Council President Pro Tempore Fank asked Mayor Gillespie to consider starting the budget process in June. This would allow ample opportunity to have the budget in place for the new fiscal year. City employees are the back bone of what is accomplished on a day-to-day basis. He also extended a safe Merry Christmas and Happy New Year to all. Council President Renegar stated that the sales tax extension and approved budget is a Christmas gift to the City of Prattville. He expressed his appreciation to every employee of the City of Prattville. He wished all a Merry Christmas and may God bless each one. Councilman Argo addressed comments stating he has served on the City Council for quite some time. Councilman Argo stated he did not call Mrs. Gray by name during his comments at the last meeting. He added it is amazing that individuals come to the microphone stating it is the only opportunity to address the City Council. Telephone numbers and email addresses are published. Councilman Argo added he has prayed for peace for people who attack him personally. Councilman Argo stated that the City Council is elected by the citizens of the City of Prattville. For the past 15 ½ years, Councilman Argo added he has served the citizens to the best of his ability and made decisions in the best interest of the city. He thanked the Council for their work over the past year on the budget. To pass the budget and get the city on sound financial footing has been yeoman’s work. When Councilman Argo began serving in 1996, his daughter was two years old. She is now eighteen. His son is now ten years old. Over the past fifteen years, he did not miss much of their lives. Councilmen Argo continued that he has freely and without complaint service District 3. He has experienced increased work responsibilities with the Department of Post-Secondary Education. It has become increasingly difficult to juggle the full-time responsibilities of husband, father, state employee and councilperson. Councilman Argo has served as City Councilman for District 3 for the past 15 years and 3 months. During that time, he also served 9 as Council President for 10 years. Councilman Argo tendered his resignation as District 3 Councilman effective Saturday, December 31, 2011. Councilman Argo expressed his appreciation to fellow city employees stating it has been a true joy to serve with them. To his friends on the dais and at the meeting tonight, he added that with his love of politics he will continue to serve and assist in an ad hoc capacity. He has invested his life in this community and will continue to serve. He concluded with a wish for a Merry Christmas, encouraging all to seek God’s wisdom and guidance. May God bless you and may God bless the City of Prattville. Council President Renegar reluctantly accepted Councilman Argo’s resignation. He expressed appreciation for his friendship and for his dedicated service. The strong friendship will continue. Councilman Miller echoed the sentiments and added that he has learned much from Councilman Argo. Councilman Argo has served with dedication and hard work. He did not enter into decisions lightly. He has been a mentor, guide, and role model. Councilman Miller expressed understanding of increased job responsibilities and applauded Councilman Argo’s courage. Councilman Boles added that during the time he has served with Councilman Argo, Councilman Argo has been straight forward and kept his commitments. Councilman Boles added that Councilman Argo has been a leader and expressed his points in a clear and precise manner. Mayor Gillespie expressed he had not met Councilman Argo before they served together on the City Council. He added serving on the Council is a difficult job and members struggle with decisions. Mayor Gillespie expressed his appreciation to Councilman Argo for all he has done. Councilman Wood thanked Councilman Argo for the service given. Councilman Argo has served well. Now the opportunity has been offered to someone else to govern. Council President Pro Tempore Fank thanked Councilman Argo for being a dear friend and confidante. He added that the entire family serves along with the Council member. He thanked Councilman Argo for his professionalism. Councilman Striplin thanked Councilman Argo for the opportunity to serve with him. ADJOURN: There being no further business to come before the council, Councilman Argo made a motion to adjourn and Councilman Miller seconded the motion. The meeting adjourned at 7:46 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk 10 ___________________________ Michael E. Renegar, President Prattville City Council