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Minutes 2020-08-04 1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, AUGUST 4, 2020 6:02 P.M. The Prattville City Council met in regular session on Tuesday, August 4, 2020, at 6:02 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 Councilors Jackson and Strichik were recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS ALERTNESS: Being aware of what is taking place around me so I can have the right responses. APPROVAL OF MINUTES: Public Hearing and City Council Meeting July 21, 2020. Councilor Cables made a motion to adopt the minutes and Councilor Boone seconded the motion. With no discussion, the minutes were adopted (5-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Nancy Kirby, Attorney representing Carl’s Country, addressed the Council regarding Agenda Item # 2, an ordinance to amend the City of Prattville Code of Ordinances, Chapter 6-Alcoholic Beverages. This ordinance concerning growlers is connected to the draft beer ordinance passed in May. The draft beer ordinance was changed because the City had exceeded its authority by allowing draft beer in the Police Jurisdiction. An A.G.’s Opinion has been requested and is pending to determine whether or not the City had the authority to allow the sale of draft beer in the police jurisdiction. The ordinance on the agenda tonight does not trac t the state statute. The state statute includes Autauga and Elmore Counties , not just inside City Limits. Mrs. Kirby asked that this ordinance be changed to reflect the state statute or be held until after the A.G.’s Opinion is issued. Councilor Starnes asked City Attorney David McDowell to comment on this matter. Mr. McDowell replied that the ordinance before the Council tonight says that City may authorize the sale of draft beer in growlers. Councilor Starnes asked if the Council could pass the ordinance tonight as is and if the A.G.’s opinion says they have authority in the police jurisdiction then they could amend it. Mr. McDowell responded that is correct. Mayor Gillespie asked Mrs. Kirby if her client has spoken to the County Commission about this matter and she responded that she was unaware if they had. MAYOR’S REPORT: Mayor Gillespie was granted a Point of Privilege to announce the promotion of Mike Vineyard to Captain. The microsurfacing project on Deerwood will begin soon. 2 Agenda Item #5 to purchase airpacks for the Fire Department was made possible by Department Heads careful budgeting. The Mayor was proud to say that this equipment will be purchased with Fiduciary Departmental Reserve funds. The Mayor encouraged all to stay involved with the Project 2040 Comprehensive Plan. A survey can be found on the City’s social media and website. August 2-8, 2020 is National Farmers Market Week. The Mayor encouraged all to support the Farmers Market at The Grove this Saturday. Councilor Starnes asked about the status of Fire Station #4. The Mayor responded he met with that James Hardie personnel last week and that they are helping the City with building products for the project. The Mayor expects the project will be complete by December 30, 2020. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: None 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 093 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 094 3. RESOLUTION: To Appoint Election Officers for 2020 Municipal Elections. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 095 4. RESOLUTION: To Certify Marcus Jackson as the District 2 Councilor for 2020 -2024 Quadrennium. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 096 5. RESOLUTION: To Certify Gerald “Jerry” Starnes as the District 4 Councilor for 2020 -2024 Quadrennium. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 097 6. RESOLUTION: To Re-appoint Dr. Edwin Mullins to the Prattville Water Works Board. (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2020-A, PAGE 098 7. RESOLUTION: To Re-appoint Larry Puckett to the Prattville Water Works Board. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 099 3 8. RESOLUTION: To Appoint Timothy N. Sanford to the Historic Preservation Commission. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 100 Council President Pro Tempore Brown made a motion to place items #1-8 on a Consent Agenda and Councilor Starnes seconded the motion. The items were placed on a Consent Agenda (5-0). Councilor Cables made a motion to adopt the Consent Agenda and Councilor Boone seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK AGENDA: 1. ORDINANCE: To Authorize the Issuance of One $4,130,000.00 General Obligation Warrant, Series 2020-CWSRF-DL for the Prattville Washington Street Sanitary & Storm Sewer Improvements Project. (Sponsored By: Council President Striplin) ORDINANCE BOOK 2020, PAGE 014 Councilor Boone made a motion to adopt the Ordinance and Councilor Cables seconded the motion. By point of order, it is necessary that the council rules be suspended if immediate action is to be considered. Councilor Starnes made a motion to suspend the rules and Council President Pro Tempore Brown seconded the motion. The rules were suspended (5-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 2. ORDINANCE: To Amend the City of Prattville Code of Ordinances, Chapter 6-Alcoholic Beverages, Section 6-9 and to Authorize the Sale of Draft Beer in Growlers for Off-Premises Consumption by Retail Licensees of the Alcoholic Beverage Control Board within the Corporate Limits of the City of Prattville. (Sponsored By: Councilor Starnes) ORDINANCE BOOK 2020, PAGE 015 Councilor Starnes made a motion to adopt the Ordinance and Councilor Cables seconded the motion. By point of order, it is necessary that the council rules be suspended if immediate action is to be considered. Councilor Boone made a motion to suspend the rules and Council President Pro Tempore Brown seconded the motion. The rules were suspended (5-0). Council President Striplin noted that Act 2020-150 states that it is effective the first day of the third month and that the Act was signed on May 18, 2020. Council President Striplin asked City Attorney David McDowell if the effective date of the Act is August 1st or September 1st. Mr. 4 McDowell responded that he could interpret it to mean either August or September 1st. Mr. McDowell recommended holding the item so he could research the question. Councilor Starnes asked if the effective date matters because the Alcoholic Beverage Control Board has an emergency order in place. The Council President asked if the Council would like to hold the ordinance until the next meeting. Councilor Starnes stated he would like to move forward. There being no further discussion, the Ordinance was adopted with the following results: AYES : BROWN, STARNES, CABLES, BOONE 4 NAYS : STRIPLIN 1 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 3. RESOLUTION: To Amend the FY2020 Budget and to Award Bid No. 020-007 to Jordan Excavating, LLC for the Washington Street Sanitary & Storm Water Improvement Project at a Cost Not to Exceed $4,094,229.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 101 Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor Cables seconded the motion. Council President Pro Tempore Brown made a motion to amend “Jordan Excavating, Inc.” to “Jordan Excavating, LLC” and Councilor Starnes seconded the motion. The resolution was amended with a vote of (5 -0). There being no discussion, the amended resolution was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 4. RESOLUTION: To Authorize the Mayor to Enter into a Government Real Estate Lease Agreement with the Alabama Department of Human Resources for the Property Located at 203 North Court Street. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 102 Councilor Cables made a motion to adopt the resolution and Councilor Starnes seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 5. RESOLUTION: To Amend the FY2020 Budget and to Release Funds for the Purchase of Ten (10) MSA 4500 PSI G1 SCBA Air Packs, Ten (10) MSA G1 Head Harnesses, and Twenty (20) MSA Cylinders through H-GAC Purchasing Cooperative from Sunbelt Fire, Inc. for the Fire Department at a Cost Not to Exceed $77,160.00. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 103 5 Councilor Starnes 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, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 6. RESOLUTION: To Authorize the Release of Funds to Purchase One (1) 2020 John Deere 650K Dozer-LGP through the Sourcewell Purchasing Cooperative from Warrior Tractor & Equipment Company, Inc. for the Engineering Department at a Cost Not to Exceed $162,493.00. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2020-A, PAGE 104 Council President Pro Tempore Brown 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, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 7. RESOLUTION: To Authorize the Release of Funds to Purchase One (1) 2020 Chevrolet 4WD Tahoe through State Contract T-191A from Donohoo Chevrolet, LLC for the Engineering Department at a Cost Not to Exceed $35,025.00. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2020-A, PAGE 105 Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor Cable seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK 8. RESOLUTION: To Set a Public Hearing to Rezone Property Located at the Northwest Corner of Highway 82 and Washington Ferry Road and Johnson Street from R-2 (Single Family Residential) to B-1 (Neighborhood Commercial) (Owner/Petitioner: William Terry Stanfield). (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2020-A, PAGE 106 6 Councilor Cables made a motion to adopt the resolution and Councilor Starnes seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, BOONE 5 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK Councilor Cables introduced the ordinance printed in Resolution Book 2020 -A, Page 106. Councilor Cables made a motion to adopt the ordinance and Councilor Starnes seconded the motion. By point of order, this ordinance was held until after its public hearing on September 1, 2020. COMMENTS FROM PERSONS PRESENT: Harvey Russell, 588 Lower Kingston Road, expressed his disappointment with the Council for moving forward on an item when the City Attorney had recommended holding it. CLOSING COMMENTS: Council President Pro Tempore Denise Brown made the following comments: With the recent sale of my home in District 3 and a move to a new district, I respectfully must resign my District 3 council seat prior to the election. It has been my honor and a privilege to work with each of you councilors and you Mayor Gillespie. I wis h you all great success in the upcoming election. Thank you Department Heads for the outstanding job you do for our community. A big thank you to Robby Anderson for allowing me to serve on the Street Committee for the eight plus years I have been on the Council. You are such an asset to our City, a wealth of knowledge and a true professional. Thank you for your friendship as well. Council President Striplin thank you for your steady leadership throughout these four years, and with that, I offer you my resignation. Councilor Cables thanked Denise Brown for both her service and friendship. Councilor Boone expressed her appreciation for Denise Brown and wished her God speed and congratulations. Council President Striplin made the following comments: As a percentage of Prattville’s population, there are very few citizens that step forward to offer the level of service to our community; as you have done. Few Citizens truly understand the sacrifices you made fulfilling your commitment to Prattville; not only in attending Council meetings, but attending meeting of the four Committees and the Board you served on representing the city. Countless telephone calls, e-mails and texts, not just from your constituents, but from fellow councilors too. As well as numerous requests for participation in “civic” events. You have served Prattville as District 3 with distinction. Your leadership, dedication, wisdom and compassion will be missed. Thank you for your service. On behalf of the entire Council, we offer our best wishes to you and Scott as you open this new chapter in your life. 7 Councilor Starnes nominated Councilor Boone to serve as Council President Pro Tempore and Councilor Cables seconded the motion. There being no discussion, Councilor Boone was elected as Council President Pro Tempore with the following results: AYES : STRIPLIN, STARNES, CABLES, BOONE 4 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON, STRICHIK ADJOURN: There being no further business to come before the council, Councilor Cables made a motion to adjourn and Councilor Starnes seconded the motion. The meeting adjourned (4-0) at 6:49 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Albert Striplin, President Prattville City Council SUBMITTED BY: ___________________________ Jamie-Lynn Clayton Assistant City Clerk