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Minutes 2020-09-15 1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 15, 2020 6:02 P.M. The Prattville City Council met in regular session on Tuesday, September 15, 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 Councilor Jackson was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS INITIATIVE: Recognizing and doing what needs to be done before I am asked to do it. APPROVAL OF MINUTES: Special Meeting to Canvass Election Results September 1, 2020; Public Hearing and City Council Meeting September 1, 2020. Councilor Starnes made a motion to adopt the minutes and Councilor Strichik seconded the motion. With no discussion, the minutes were adopted (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: None MAYOR’S REPORT: Mayor Gillespie thanked the Council for holding a work session on Monday, September 14, 2020, regarding brown-bagging. The Mayor requested that work sessions be held in the future to discuss food trucks, smoking at City events, Airbnbs, and several ordinances that need to be updated. In good news, bad news, paving will finish up soon on Upper Kingston Road and started this week on Martin Luther King, Jr. Drive. Other paving projects continue throughout the City. City Engineer Robby Anderson and paving crews have had to make adjustments to accommodate traffic patterns and weather issues. Agenda Item #10 will allow the City to purchase the light fixtures located at Miller Park from Alabama Power. For many years, the City has paid approximately $23,000 per year for lighting costs with no end date to the contract. This purchase will allow the City to save taxpayer dollars. The Public Safety Building will be open as a safer location during Hurricane Sally. Face coverings will be required while individuals are in the building. City crews have been preparing for weather associated with Hurricane Sally. Please pray for all the communities that will be affected by this storm and for all response teams in its aftermath. An out-of-town swift water team has been staged in Prattville at the Fire Training Center. Councilors were asked to report any weather-related issues to the Mayor’s office. The City of Prattville is in a very good position to ride this storm out. The public portal of the new work order system should be set up by Thursday, September 17, 2020. City staff has been using the system for several months. Councilors were encouraged to learn both sides of the work order system to be able to assist citizens. 2 REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Councilor Starnes reported that the Police Committee met in a council work session on September 14, 2020, to discuss a brown-bagging ordinance. REPORT ON STATUS OF CITY FINANCES: Finance Director Daniel Oakley presented the finance reports for August 2020. The General Fund Revenue report showed that year-to-date revenue was $37,528,931.84, an increase of 2.99% in comparison to the prior year. The Tax Breakdown Comparison report showed revenue increased by 3.20% in comparison to the prior year. The Expenses by Department report showed that with 91.67% of the budget year complete, overall expenses were at 85.87%. This percentage does exclude COVID-19 related expenses to-date. The City did issue debt during the month for the CWSRF loan for the Washington Street and Easy Street projects. The Wastewater Enterprise Fund Income Statement showed a net income of $230,926.99 from operations for August 2020, which excludes debt proceeds income. Operating expenses were at 76.74% and overall expenses were at 73.69%. The Sanitation Enterprise Fund Income Statement showed a net income of $77,143.47 for August 2020. Operating expense were overbudget at 108.23% and overall expenses were slightly overbudget at 93.27%. The Judicial Special Revenue Fund Income Statement showed a net loss of ($145,890.07) for August 2020. This was due to the quarterly Metro Jail contract payment. Expenses were overbudget at 101.10% at the end of August. The Bank Balances report showed a total cash balance of $28,120,229.27 as of August 31, 2020. The City-Wide Accounts Payable and Debt Balances report show total debt at $57,273,218.40, including total non-enterprise debt at $22,843,143.23, as of August 31, 2020. The Wastewater Sludgefield Field debt was paid off in August. Debt was added in August for the Washington Street, Bunche Avenue, and Easy Street Sewer and Stormwater Project. This debt will be split between Wastewater and General Government. 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 124 3 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 125 3. RESOLUTION: To Set a Public Hearing to Grant a Lounge Retail Liquor -Class II (Package Store) License to OMSHIV, LLC d/b/a Corner Package Store. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 126 4. RESOLUTION: To Surplus Twenty-One (21) Vehicles from the Police Department. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 127 5. RESOLUTION: To Surplus Various Computers, Laptops, and Monitors from the Information Technology Department. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 128 6. RESOLUTION: To Re-Appoint Robert E. Riddle to the City of Prattville Airport Authority. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 129 7. RESOLUTION: To Appoint Randall Grissett to the City of Prattville Airport Authority. (Sponsored By: Councilor Boone) RESOLUTION BOOK 2020-A, PAGE 130 8. RESOLUTION: To Appoint William Sanford to the City of Prattville Airport Authority. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 131 9. RESOLUTION: To Authorize the City Attorney to File “Weed Liens” on Certain Properties. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 132 10. RESOLUTION: To Designate Legal Holidays for the City of Prattville for Fiscal Year 2020- 2021. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 133 11. RESOLUTION: To Authorize the Addition of a Compensation Addendum to the Agreement for Examination Services with RiverTree Systems, Inc. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 134 12. RESOLUTION: To Waive Fee for the Autauga County Fair Organization during the Week of October 13-17, 2020. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 135 4 13. RESOLUTION: To Appropriate Fixed Expenses, Salaries, and Continuing Policy Procedures Pending the Adoption of the City of Prattville Fiscal Year 2020-2021 Budget. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2020-A, PAGE 136 Councilor Starnes made a motion to place items #1-13 on a Consent Agenda and Councilor Cables seconded the motion. The items were placed on a Consent Agenda (7-0). Councilor Boone made a motion to adopt the Consent Agenda and Councilor Strichik seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON AGENDA: 1. RESOLUTION: To Amend FY2020 Budget and to Award Bid No. 020-011 to Long Lewis of the River Region for Thirteen (13) 2021 or Newer Utility Police SUV Vehicles (All-Wheeled Drive) with No Pre-Installed Emergency Equipment for the Police Department at a Cost of $430,591.98. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 137 Councilor Starnes 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 2. RESOLUTION: To Amend the FY2020 Budget and to Release Funds for the Purchase of Body-Worn Cameras, Fleet Cameras, Tasers, Docking Stations, and Licenses through the NPPGov Purchasing Cooperative from Axon Enterprise, Inc. for the Police Department at a Total Cost Not to Exceed $192,407.60 (FY2020 Annual Cost Not to Exceed $46,778.00). (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 138 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 5 3. RESOLUTION: To Amend the FY2020 Budget and to Authorize the Purchase and Installation of Emergency Equipment for Thirteen (13) 2021 Utility Police SUV Vehicles through a State Bid Master Agreement from Emergency Lighting by Haynes, LLC for the Police Department at a Cost Not to Exceed $71,927.45. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2020-A, PAGE 139 Councilor Starnes 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 4. RESOLUTION: To Amend FY2020 Budget and 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 Building Department at a Cost Not to Exceed $35,025.00. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2020-A, PAGE 140 Councilor Strichik made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 5. RESOLUTION: To Release Funds for the Purchase of One (1) London Fog 18-20 Mosquito Fogger from Univar Environmental Sciences for the Urban Management Division at a Cost Not to Exceed $10,379.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 141 Council President Pro Tempore 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 6. RESOLUTION: To Amend the FY2020 Budget and to Release Funds for the Purchase of One (1) Land Pride RCP2660 Parallel Arm Cutter through State Contract T222 from Capital 6 Tractor for the Urban Management Division at a Cost Not to Exceed $22,469.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 142 Council President Pro Tempore 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 7. RESOLUTION: To Release Funds for the Purchase of One (1) Toro 72513 Grand Stand 25HP Mower from Prattville Outdoors for the Urban Management Division at a Cost Not to Exceed $9,060.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 143 Council President Pro Tempore Boone made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 8. RESOLUTION: To Release Funds for the Purchase of One (1) Toro 72936 My Ride 3000 Series Zero Turn Mower from Prattville Outdoors for the Urban Management Division at a Cost Not to Exceed $9,222.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 144 Council President Pro Tempore Boone made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 9. RESOLUTION: To Authorize the Mayor to Enter into a Planned Service Agreement with Johnson Controls, Inc. to Provide HVAC Preventative Maintenance Services for City Facilities through the NJPA Purchasing Cooperative at an Annual Cost Not to Exceed $76,095.00. (Sponsored By: Councilor Jackson) 7 RESOLUTION BOOK 2020-A, PAGE 145 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 10. RESOLUTION: To Purchase the Lighting Fixtures at Miller Park, 566 Jasmine Trail, from Alabama Power Company for the Parks and Recreation Department at a Cost Not to Exceed $66,672.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2020-A, PAGE 146 Council President Pro Tempore Boone 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, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON ORDINANCE: To Amend the City of Prattville Code of Ordinances, Chapter 6-Alcoholic Beverages, to Prohibit “Brown Bagging.” (Sponsored By: Councilor Starnes) FROM THE FLOOR ORDINANCE BOOK 2020, PAGE 017 Councilor Starnes made a motion to adopt the ordinance and Councilor Strichik seconded the motion. Because this ordinance was brought from the floor, council rules required unanimous consent to suspend the rules to consider the ordinance. Council President Pro Tempore Boone made a motion to suspend the rules and Councilor Cables seconded the motion. The rules were suspended (6-0). By point of order, it was also necessary that the council unanimously suspend the rules to consider an ordinance at the same meeting it was introduced. Council President Pro Tempore Boone made a motion to suspend the rules and Councilor Starnes seconded the motion. The rules were suspended (6-0). There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, CABLES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 8 COMMENTS FROM PERSONS PRESENT: Patrick Lucas,1211 Caliber Crossing, addressed the council regarding the brown-bagging ordinance. Mr. Lucas informed the Council that this is how people in certain districts handle fundraisers and asked about Doster Center events. Councilor Starnes explained that events at the Doster Center are covered by Special Events ABC licenses. Council President Striplin asked if Mr. Lucas was speaking about private events. Mr. Lucas replied that tickets are sold for these fundraisers and are bring your own bottle. Council President Striplin explained that the ordinance allows an exception if no entrance fee is charged and the event is strictly voluntary as a fundraiser. If alcohol is served, there is a Special Event license required through the ABC Board. Henry Robinson, President of the North Highlands Community Center, explained that this ordinance will handicap their organization. The community center is leased for events and many of those events include bring your own bottle. Mr. Robinson asked about the cost of a Special Event license per event. Council President Striplin answered that the ABC Board would be able to provide that information. Mr. Robinson asked if this ordinance will prevent them from selling tickets prior to the event or at the door on the night of the event. Council President Striplin read the exceptions from Section (b) of the ordinance. Mr. Robinson also asked about selling tickets for their bi-annual school reunion. Council President Striplin encouraged Mr. Robinson to contact the ABC Board as the authority in this area. Mr. Robinson asked when the ordinance would go into effect. Council President Striplin replied that the ordinance would go into effect when published on Saturday. Mr. Robinson asked how the ordinance would affect events that are already booked after the ordinance goes into effect and requested a copy of the ordinance to share with members of the North Highlands Community Center. Elle White, 621 W 4th Street, stated he was ashamed of the conditions in Prattville since he returned from military service. Effective communication requires listening to understand, not listening to respond. Citizens asked simple questions regarding the ordinance that was brought tonight for passage and were referred back to the ABC Board for answers. Barbara Robinson, Board Member for North Highland Community Center, explained that it took years to build the North Highlands Community Center and asked how the Community Center could obtain the same type of coverage that allows the Doster Center to hold events with a Special Events license from the ABC Board. Council President Striplin explained that there are a variety of situations including the type of function (family gathering, fundraiser), and that the ABC Board is the authority. Ms. Robinson spoke about the North Highlands School, which is now the Prattville Junior High School. Ms. Robinson asked why all of the sudden this ordinance was passed and explained that it does not give people time to work on anything. The North Highlands Community Center is a 501(c)3 non-profit organization. The Mayor has been to events at North Highlands and the people in the community need some type of recreation. George Pickett, 491 Greystone Way, stated that he owns of the event venues which was just shut down. Mr. Pickett also stated that the Mayor had lied to his face. Mayor Gillespie asked for more clarification. Mr. Pickett stated that the Mayor lied when he came to visit his location and said that the city was looking to help him out rather than shut his business down. Mayor Gillespie stated that he entered Mr. Pickett’s establishment on a Sunday after the ABC Board visited his place. The Mayor expressed offense that he was called a liar. Council President 9 Striplin asked Mr. Pickett to address his comments to the President. Mr. Pickett stated that there was a shooting at the Doster Center and no special meeting was called to close it down. There have been thousands of calls for College Heights and no one has showed up yet to stop it. Mr. Pickett stated that he owns a legal business and has three people calling every night that he is open, all of whom are white. Mr. Pickett stated that he served thirty years in the military and to come back to his hometown and be treated like a second-class citizen is a shame. Mr. Pickett also addressed Councilor Strichik. Councilor Strichik responded that he had been very forthright with Mr. Pickett during their conversations. Mr. Pickett expressed shame that any black business that goes up in your neighborhood will be shut down. Lenore White, 621 W. 4th Street, asked why this ordinance was passed tonight. Ms. White asked what would happen to the North Highlands Community Center if alcohol were served at a wedding. Ms. White asked for clarification if tickets were sold for an event at the center. Council President Striplin explained that if tickets are sold, regardless of where or when for an event, it would be outside the exceptions of the ordinance. Ms. White asked again for an explanation of why this ordinance was passed. Council President Pro Tempore Boone explained that many of these questions were answered during the Work Session held on September 14, 2020, and that video is available. The Police Committee began looking at this issue for over a year due to several businesses in downtown Prattville. Those issues resolved themselves during that time without Council action. The Police Committee continued to review brown-bagging ordinances from many other municipalities, including Huntsville, Dothan, Ozark, Opelika and Selma. The ordinance adopted by the Council tonight was based on the Selma’s language. The adoption of a brown-bag ordinance rewards those businesses that have gone through the procedure to obtain a legal ABC license and are safely serving alcohol. The ordinance will allow brown-bagging in certain exempted circumstances when it is good - for example, a wedding - and prohibit it when it would not be regulated. That is the reason for the timing and the language. Dave Burns, 150 Shady Oak Lane, thanked Council President Pro Tempore Boone for her explanation. Mr. Burns stated that he is in favor of the ordinance which addresses two issues - fundraising and the control of alcohol. The council has done their research and Mr. Burns feels it is a good law. Mr. Burns added that it would have been helpful to have had the ordinance prepared in advance to allow citizens time to read and ask questions. Thea Langley addressed the council regarding the brown-bagging ordinance. Ms. Langley stated that she can participate in $100 per plate dinners to raise scholarship funds for various organizations, but this ordinance will take the fundraising ability away from the North Highlands Community Center. Ms. Langley also addressed the announcement at a previous meeting that the North Highlands Community Park is not going to be funded/supported by the City. The North Highlands Community Center is spotless, and their board and citizens take a lot in their facility. The City just approved $66,000.00 for lighting for a city park. Ms. Langley added that she was not saying that the lighting was not needed, but there are a lot of needs in the City. Ms. Langley asked if there are amendments that could be made to this ordinance to allow the North Highlands Community Center to continue their fundraising efforts. In eighteen months of research, Ms. Langley asked if anyone had gone to talk with the North Highlands Community Center Board. 10 Sheila Thomas, _____________, stated that she has worked at the Junior High School for forty-three years. She attended the North Highland School, which is now the Prattville Junior High School. Tickets were sold for the North Highland class reunions and there was alcohol at the reunions. Now it looks as if everything will be taken away. Ms. Thomas stated that she is not racist and has worked with all types of people. Her grandchild finished high school this year and is going to college. Last year, her grandson and his friends were in the Prattville Junior High School parking lot and the police pulled up behind them. Ms. Pickett stated that she feels if a white child can do it, a black child can do it also. When you go through uptown Prattville, you only see white kids out. When the black kids are out, the police get behind them. CLOSING COMMENTS: Mayor Gillespie responded to earlier comments. The Mayor stated that he never lied to Mr. Pickett. Once the ordinance is digested and understood, many of the concerns will be taken care of. Mayor Gillespie spent quite a bit of time earlier in the day explaining this ordinance to a gentleman. Mayor Gillespie added that he is willing to meeting with any member of the North Highland Community Center or any other citizen and provided his cell number. The Mayor also addressed misinformation spoken from the lectern pertaining to the North Highland Park, located at Cone Street and Martin Luther King, Jr. Drive. This administration has never mentioned relinquishing any maintenance of the park. At an earlier council meeting, ownership of the park was not mentioned out of disrespect, but rather an acknowledgement that this administration is willing to work with the North Highlands Community Center has it has for many years. The lights at Miller Park were installed over ten years ago; taking ownership of the lights is a cost-saving measure to the City similar to paying your mortgage with an adjustable rate off early. Mayor Gillespie thanked the Council for moving forward with this item. Mayor Gillespie offered to meet with anyone for a few minutes after the meeting. The Mayor added that all are treated fairly in the City of Prattville. Council President Pro Tempore Boone explained that Agenda Item #10 was a housekeeping item similar to a lease vs. ownership situation. The City will save money by taking possession of the light fixtures rather than continuing to pay a monthly fee to Alabama Power. ADJOURN: There being no further business to come before the council, Councilor Strichik made a motion to adjourn and Councilor Starnes seconded the motion. The meeting adjourned (6-0) at 7:26 p.m. APPROVED: ___________________________ Cathy Dickerson City Clerk 11 ___________________________ Albert Striplin, President Prattville City Council