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Minutes 2020-07-211 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, JULY 21, 2020 6:03 P.M. The Prattville City Council met in regular session on Tuesday, July 21, 2020, at 6:03 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Council President Striplin gave the invocation. Roll was called and Councilor Starnes was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS RESPONSIBILITY: Knowing and doing what is expected of me. APPROVAL OF MINUTES: City Council Meeting July 7, 2020. Councilor Strichik made a motion to adopt the minutes and Councilor Cables seconded the motion. With no discussion, the minutes were adopted (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: None MAYOR’S REPORT: The qualification period for the 2020 Municipal Election has closed. Mayor Gillespie thanked Council President Pro Tempore Brown and Councilor Cables for their service. Both councilors have chosen not to seek reelection. Councilor Jackson and Councilor Starnes were unopposed during qualification. Mayor Gillespie thanked all who have put their name in the hat to serve the City of Prattville. This is not an easy task. The Mayor thanked the City Council and Department Heads as they strive to serve the citizens and protect this great City. The Farmer’s Market is ongoing under the direction of the Parks and Recreation Department. The Farmer’s Market was originally handled through the state and was turned over to the City to operate. The state visited recently and bragged on how well the Farmer’s Market is run and organized. This is a small-town piece of Americana. The City should have dates soon regarding the Martin Luther King, Jr. Drive paving project. Other upcoming projects include Mac Gray Park 2.0 and additional infrastructure projects. More information will be provided at upcoming meetings. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Striplin reported that the Wastewater Committee met on July 20, 2020. All committee members were present, along with Mayor Gillespie, Public Works Director Dale Gandy, Finance Director Daniel Oakley, and City Clerk Cathy Dickerson. The purpose of the meeting was to receive information about sewer and stormwater projects proposed for Washington Street, Easy Street, and Bunche Avenue. These projects are collectively expected to take one year to complete, and will involve detours and traffic delays in the adjacent areas during construction. The Wastewater Enterprise Fund will provide financial responsibility for the sewer portion of the project, and the General Fund will provide financial responsibility for 2 the stormwater portion. Funding for the entire project is anticipated to come in the form of a loan from the Alabama Water Pollution Control Authority to be repaid over twenty years. REPORT ON STATUS OF CITY FINANCES: Finance Director Daniel Oakley presented the finance reports for June 2020. The General Fund Revenue report showed that year-to-date revenue was $30,820,907.68, an increase of 2.70% in comparison to the prior year. The Tax Breakdown Comparison report showed revenue increased by 4.2% in comparison to the prior year. The Expenses by Department report showed that with 75% of the budget year complete, overall expenses were at 69.93%. The Wastewater Enterprise Fund Income Statement showed a net income from operations of $58,782.20 for June 2020. With 75% of the budget year complete, operating expenses were at 65% and overall expenses were at 63.03%. The Sanitation Enterprise Fund Income Statement showed a net income of $10,337.66 for June 2020. With 75% of the budget year complete, operating expenses were at 88.33% and overall expenses were at 80.21%. The Judicial Special Revenue Fund Income Statement showed a net income of $20,952.67 for June 2020. Expenses were below budget at 62.28% The quarterly Capital Projects Fund Income Statement showed year-to-date project expenses of $4,185,834.72. Project expenses specifically for the third quarter of the year related primarily to: • South Industrial Park Road & Bridge • Fire Station #4 Construction • MLK/Upper Kingston Engineering • Mac Gray Park 2.0 Engineering • TAP 2018 Sidewalks - Overlook The quarterly Gas Tax Special Revenue Fund Income Statement showed that excluding grant reimbursements received during the year, revenue is slightly under the budgeted amount due to COVID-19. The current year local paving project is expected to begin during the final quarter of the fiscal year. That project is included on tonight’s agenda. The quarterly Group Health Fund Income showed a year-to-date net income of $55,068.66. This fund has performed fairly well through the first three quarters of the year. All balances borrowed from the General Fund for this fiscal year have been repaid. The Bank Balances report showed a total cash balance of $27,319,992.19 as of June 30, 2020. The City-Wide Accounts Payable and Debt Balances report show total debt at $53,299,950.05, including total non-enterprise debt at $21,483,600.94, as of June 30, 2020. 3 CONSENT AGENDA: 1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 079 2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 080 3. RESOLUTION: To Appoint Assistant City Clerk Jamie Clayton as the Assistant Municipal Election Official/Absentee Ballot Manager for the 2020 Quadrennial Prattville Municipal Election. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 081 4. RESOLUTION: To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package) License for Sunday, Inc. d/b/a Jacks Liquor and Tobacco Outlet. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 082 5. RESOLUTION: To Re-appoint Charles N. Knapp as a Member of the Board of Zoning Adjustment. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 083 6. RESOLUTION: To Re-appoint James Gregory Duke as a Member of the Board of Zoning Adjustment. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 084 7. RESOLUTION: To Re-appoint Neal Parker as a Supernumerary Member of the Board of Zoning Adjustment. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 085 Council President Pro Tempore Brown made a motion to place items #1-7 on a Consent Agenda and Councilor Boone seconded the motion. The items were placed on a Consent Agenda (6-0). Councilor Cables made a motion to adopt the Consent Agenda and Councilor Jackson seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 4 AGENDA: 1. RESOLUTION: To Award Bid No. 020-009 to Mid-South Paving, Inc. for the FY2020 Various Street Resurfacing Project for the Engineering Department at a Cost Not to Exceed $554,324.00. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2020-A, PAGE 086 Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 2. RESOLUTION: To Award Bid No. 020-010 to Whitaker Contracting Corporation for the FY2020 Various Street Microsurfacing Project for the Engineering Department at a Cost Not to Exceed $284,100.00. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2020-A, PAGE 087 Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor Cables seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 3. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast, LLC for Construction Engineering Inspection Services for the FY2020 Various Street Resurfacing Project and the FY2020 Various Street Microsurfacing Project for the Engineering Department at a Cost Not to Exceed $40,000.00. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2020-A, PAGE 088 Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor Jackson seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 5 4. RESOLUTION: To Authorize the Release of Funds to Purchase One (1) Bobcat CT2040 Compact Tractor HST through the Sourcewell Purchasing Cooperative from Bobcat of Montgomery, Inc. (Prattville Location) for the Wastewater Division at a Cost Not to Exceed $18,960.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 089 Councilor Boone made a motion to adopt the resolution and Councilor Strichik seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 5. RESOLUTION: To Authorize the Release of Funds to Purchase Two (2) 2020 or Newer Ford F250 Crew Cab 4x4 Trucks through State Contract T-191A from Stivers Ford Lincoln, Inc. for the Wastewater Division at a Cost Not to Exceed $57,126.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 090 Councilor Cables made a motion to adopt the resolution and Councilor Strichik seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 6. RESOLUTION: To Authorize the Release of Funds to Purchase One (1) T76 T4 Bobcat Compact Track Loader through the Sourcewell Purchasing Cooperative from Bobcat of Montgomery, Inc. (Prattville Location) for the Wastewater Division at a Cost Not to Exceed $58,460.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 091 Councilor Jackson made a motion to adopt the resolution and Councilor Cables seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES 6 7. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with BWS Technologies for Domain, DNS, SSL, Website, Hosting and Vendor Services at a Monthly Cost Not to Exceed $360.00 plus a One-time Cost Not to Exceed $5,400.00. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 092 Councilor Strichik made a motion to adopt the resolution and Councilor Boone seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STARNES COMMENTS FROM PERSONS PRESENT: Thea Langley, Historic Preservation Commission (HPC) Chairman, provided a handout to the Council and the Mayor. The HPC has a vacancy. Ms. Langley stated that she sent an email to Mayor Gillespie on June 26, with an application for a board appointment. The applicant is a structural engineer who recently moved to Prattville and works in the Historic District. In the email, Ms. Langley requested that the vacancy be filled during the month of July. Mrs. Langley sent a text and email on July 15 to remind the Mayor of the vacancy. Two board members will be out of town and unable to attend the regular July 23rd HPC meeting. There are several applications pending for this meeting. With a total of seven commissioners, one vacancy, and two members out of town, it is imperative to have the application for appointment pushed forward to have a quorum at this meeting. Council President Pro Tempore Brown questioned the fairly restrictive number required for a quorum and asked if this is something that could be visited at a later date. Ms. Langley responded that the required quorum is currently five members and has been since she began on the commission. Councilor Cables asked if a special meeting could be called one to two weeks out. Ms. Langley replied that they have held special meetings in the past and that she did not know the specific rules, but that City Planner Scott Stephens may be able to better answer that question. She understood a special meeting would require fourteen-day notification to the public. Ms. Langley added that they could attempt to call a special meeting, but that she was not sure how successful they would be. Mayor Gillespie, 129 S. Washington, stated that Ms. Langley left some information out of the document she provided. The Mayor did not agree with Ms. Langley bringing this matter to light in this manner and stated that this is small-town politics. The Mayor did have a previous meeting with Ms. Langley prior to another nomination at which he expressed concern with the way these appointments are handled. The Mayor sent a calendar invite to Ms. Langley, but she was unable to meet. The Mayor does not believe that this is the appropriate setting to bring up this matter. Mayor Gillespie noted that he did request the City Clerk to put this item on the agenda. 7 Council President Striplin asked who would sponsor the agenda item. Mayor Gillespie responded that he understood Ms. Langley spoke with Council President Striplin on this matter, and that Council President Striplin had requested Councilor Starnes to be the sponsor. Council President Striplin replied that traditionally appointments are sponsored by the councilor for the district the appointee lives in. Mayor Gillespie responded that this appointment has to do with the Historic District and not the city as a whole. Mayor Gillespie added that Council President Stiplin had been informed before the meeting that there was a possibility of a resolution from the floor. Council President Striplin responded that he was aware there may be a resolution from the floor, but that he was not made aware that Councilor Starnes would not be present at the meeting until around 5:00 p.m. The Mayor stated that another key component is that until recently, this gentleman did not live inside the city limits. The Mayor was not certain that proper protocol was followed by Ms. Langley and reiterated that this is small-town politics. The Mayor mentioned again that there was a request on his side to have this item placed on the agenda, but it was not included on the agenda. Council President Striplin asked if the Council desired to address this matter this evening and asked Councilor Cables if he would like to sponsor the resolution. Mayor Gillespie stated that before walking into the meeting, he understood this nomination would be coming from the floor. Council President Striplin responded that a sponsor is needed in order to bring the matter up. Mayor Gillespie added that it is sad to blame the lack of a quorum on this one position. Council President Striplin asked if any councilor was willing to sponsor a resolution to fill the vacancy this evening. The Council President then asked the Mayor if he was in agreement to nominate Mr. Sanford to fill this vacancy. Mayor Gillespie responded yes and that he had asked the City Clerk to include this item on the agenda, adding that it is a shame that politics will take precedent over proper protocol. Councilor Cables asked the Mayor again if he is in agreement with Mr. Sanford serving in this position. Mayor Gillespie stated that he has not met the gentleman. The Mayor added that he has previously relayed to Ms. Langley that is vital that a good majority of the commission live inside the district. Mayor Gillespie noted that in making appointments to the Planning Commission, he chose individuals with experience in real estate, construction, and business backgrounds. In 2011-2012, he also saw the need to appoint an individual from the Board of Education on the Planning Commission. The Mayor does see the need for diversity and cohesiveness. The Mayor noted that he is being asked to recommend someone he has not met. The Mayor added that some documents were left out of Ms. Langley’s handout and it was a poor decision to handle in this manner. Councilor Boone asked City Attorney David McDowell, by phone, if the resolution from the floor would need to be unanimous. Mr. McDowell responded that in order to consider a resolution from the floor, the rules would need to be unanimously suspended. 8 Councilor Cables reviewed a copy of a resolution from the floor. Councilor Cables noted that the council looked at a process to vet and appoint board members three to four years ago. While that process may not have been established as well as he would have liked, councilors normally have one to four weeks to review an appointment. This appointment has caught him off guard. While he is all for citizens wanting to serve the community, he is not sure that he can sponsor an appointment brought in this light and manner. Ms. Langley added that while she was not able to meet with the Mayor on Friday morning, she was able to meet on Monday morning. Councilor Cables thanked Ms. Langley for bringing this item up tonight. He added that while he does not like what is going on here, he would like to have a compromise tonight and be able to move forward. He stated he is retracting his sponsorship of a resolution from the floor. He is fine with discussion if any other councilor would like to sponsor a resolution. Council President Striplin noted that in order to discuss the matter, a resolution from the floor would need to be introduced and seconded with the rules suspended. Council President Striplin asked for the pleasure of the council regarding a resolution. Mayor Gillespie stated that he is sorry to put the council in this uncomfortable position and retracted his recommendation until he has an opportunity to meet Mr. Sanford. CLOSING COMMENTS: Mayor Gillespie noted that we have had a lot of challenging times in the nation, state, and as individuals related to COVID-19 and other events. One thing to be proud of is the way the City workforce has pulled together. The Mayor recently noticed a Public Works’ employee out doing his job, taking precautions including wearing his mask, and enjoying his job. This is a blessed community with good people and good things going on. Mayor Gillespie added that he is very proud to live in Prattville and thanked the Council and all City employees for all of their hard work. Council President Striplin thanked all in attendance at tonight’s meeting. ADJOURN: There being no further business to come before the council, Councilor Cables made a motion to adjourn and Councilor Boone seconded the motion. The meeting adjourned (7-0) at 6:53 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk 9 ___________________________ Albert Striplin, President Prattville City Council