City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING FEBRUARY 7, 2012 The Board of Commissioners of the City of Dothan, Alabama, met in regular session in the Commission Chambers of the Roy Driggers Municipal Building at 10:00 A.M., Tuesday, February 7, 2012 with the following members present: Mayor Mike Schmitz, Associate Commissioners James H. Reading, Amos M. Newsome, Jr., Albert Kirkland, Critt Snellgrove, Taylor Barbaree and Hamp Baxley. Also present were City Manager Michael West, City Clerk Pam McCoy, who recorded the Minutes of the Meeting, and the local news media representatives. Mayor Schmitz called the meeting to order. Pastor Rickey Plummer, Bethel Baptist Church, then led in prayer, afterwhich Commissioner Kirkland led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of January 17, 2012, be approved, motion seconded by Commissioner Baxley and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming February, 2012 as “American Heart Month”. Michael Jackson, the DuBois Institute, was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming February 7-14, 2012 as “Healthy Marriage Week”. Ellen Williams, Just the Facts, was present for the proclamation. Commissioner Reading said he would like for this Commission to consider getting an Attorney General’s opinion about giving each policeman a $300 per annum bonus after said employee has a total service of five years. The final increment would be $500. Commissioner Reading said he has received two calls concerning “Red Water”. He said the City is doing some pressure testing so hopefully this will clear up. Commissioner Reading said he has also received several calls regarding trash in public housing. He said he would like to see us have a “Clean Up Dothan Day”. Maybe put some bins in public housing and volunteers could go out and clean up some of the debris. Commissioner Snellgrove commended the police department for solving the murder case last month in a quick time line. Mayor Schmitz concurred. Commissioner Barbaree said there is also a good working relationship between the agencies. He commended Chief Benton for working diligently with those agencies. Commissioner Barbaree said it is refreshing to see one of our leaders (Allison Morgan) from the Dothan City Schools Central Office here today. Commissioner Barbaree requested that Public Works Director Jerry Corbin give an update on where we are at on the drainage project over by the old Sony Plant at our next meeting. Commissioner Baxley wished Happy Birthday to Tim Stewart, Valerie Harris and Jerry Corbin. He also recognized two District 6 residents. First, William Holman as the individual outstanding honoree for the month and Dustin Parkman as the outstanding business in District 6. Minutes of the Board of Commissioners – February 7, 2012, continued. Mayor Schmitz stated that this city has lost a couple of incredible people within the last few weeks, Delores Potter, Principal at Fain Elementary School and Bennie Griffin. Mayor Schmitz stated that Superintendant Tim Wilder requested that each commissioner set up a meeting in their district so that he can come into the district and talk with the citizens about their concerns. At this time, Mr. Ed Vaughn introduced and recognized Dothan native Akia “Shenise” Fleming who will be performing in Dothan on February 18th at the Dothan Opera House in a one-woman show which she wrote called I Am Woman. Matt Parker, President of the Dothan Area Chamber of Commerce updated the Commission on current economic development activities in our area. Larry Patrick, Leisure Services, reported that the 6th Annual Downtown Dothan Hoops Classic Tournament held this past December produced $40,000.00 that was dispersed to the 16 teams that participated in the tournament. City Manager West stated that the initial public input process in preparing for the CDBG will be February 16th at 6:00 p.m. in the Sakada Room. Also, the City is doing pressure testing as required by the ISO. Sometime this creates settlement in lines that create red water. If this happens, run the cold water until it clears. If that does not do it, Mr. West encouraged everyone to call the City and someone will go out and flush the lines. City Manager West stated that the Hwy. 84 East Landscaping Project has been bid and they will begin on that soon. City Manager West stated that the City has been notified by the State Historical Commission that we have retained our certification process for future grants. Commissioner Reading asked if we are still on track for Hwy. 431 North. Mr. West said as soon as they open up the grant process, it will be the next project we apply for. City Manager West requested that items 14 & 15 be removed from today’s regular agenda. Mayor Schmitz introduced the application of Guiming Zhong for a Restaurant Retail Liquor License for Great Wall, located at 2855 Ross Clark Circle. Commissioner Reading moved for approval, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced the application of Sandra M. Farish for a Special Event Liquor License for TOADLICK, located at 5622 South Highway U.S. 231. Commissioner Kirkland moved for approval, motion seconded by Commissioner Barbaree and unanimously carried. Mayor Schmitz introduced the application of Adam R. Owens for a Private Investigator’s License for Adam R. Owens Investigations, located at 2206 Saddlewood Trail. Commissioner Reading moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. Ed Price, the attorney representing Cottonwood Corners, LLC, which is the tenant of the Cottonwood Corners premises, stated that Matt Parker is here to speak for the City Development Authority. Mr. Price said his client developed this property for the Publix in Cottonwood Corner’s Shopping Center. He said in the development process a plan was submitted to the City of Dothan and to ADEM regarding storm water drainage at the back of the pond, which called for a natural area. He said that area is not capable of being mowed. The slopes are 2 to 1 based on the engineering standards. Mr. Price said his client has done a number of things to assist the neighborhood. He said they have gone beyond what was called for as far as what was planned. He said the grass was planted to be natural. There are weeds in there, but they are dead. Minutes of the Board of Commissioners – February 7, 2012, continued. Matt Parker said having been in the middle of this and looking at the project he said they want to resolve it and stand in compliance with the project. He said one idea is to meet with Tracy Lawrence of the Forestry Commission to see if there is an opportunity to expedite planting of the pines because that might be the issue with some of the residents. Commissioner Barbaree asked who is responsible to maintain the detention pond. Mr. West said it is the responsibility of the developer and in this case through an agreement with the Development Authority to lease the property back. Commissioner Barbaree said through the Brownfield Abatement Act, there were some allotments to allow the developer some incentive to develop the property. He said the developer is receiving rent on this property so it is not like they cannot hire someone to maintain this sort of thing. He said a solution is all that he wants to come out of this. Commissioner Kirkland said he owns small residential developments. He said he takes pride in his properties and tries to keep them mowed. He said as far as elevation, there are lawn mowers that will cut this. Commissioner Kirkland said the trees that were planted behind the houses had no water to them. Commissioner Barbaree asked if this area is in violation of the weed abatement ordinance. Mr. West said yes, based on the ordinance and the way our staff interprets it. Commissioner Barbaree said he agrees to disagree with what the gentleman said because there is a detention pond that is located off of Flowers Chapel Road that was allowed to grow and had a lot of vegetative growth on it. It caused flooding into a neighborhood located off of South Woodburn. Commissioner Barbaree said if is in violation of the weed abatement it has to be maintained. Mr. West said that is why it is before you today. There being no further discussion, Mayor Schmitz stated that a written objection was submitted regarding 1640 Ross Clark Circle. He then declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2012-22 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Bruce A. Walker & Phyllis J. Taylor located at 725 East Wayne Road from H-I District to A-C District. Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Barbaree and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2012-22, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2012-23 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by LBJ Investments, LLC located at 337 East Selma Street from R-4 District to B-3 District. Commissioner Snellgrove moved for immediate consideration, motion seconded by Commissioner Reading and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Reading then moved for adoption of Ordinance No. 2012-23, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2012-24 (recorded in Ordinance Book No. _______at Page_______), establishing new boundary lines for the City’s six single-member districts. Commissioner Newsome moved for immediate consideration, motion seconded by Commissioner Reading and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Minutes of the Board of Commissioners – February 7, 2012, continued. Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Reading then moved for adoption of Ordinance No. 2012-24, motion seconded by Commissioner Newsome and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2012-25 (recorded in Ordinance Book No._______at Page_______), establishing polling places for the six single- member districts for the City of Dothan. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree. Commissioner Barbaree said he knows that Pam McCoy and her staff work very hard to make sure precincts are convenient for everyone involved, but the situation that occurred at the Northside Mall where the air conditioning was out, will we have problems like that even though the election will be moved into the fall months. Mrs. McCoy said we will do our best. She said she could not promise the air would not go out that morning. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-26 (recorded in Ordinance Book No._______at Page_______), appointing Frederick D. Mathews as EEO/Training Officer at the annual salary of $75,379.20 effective February 8, 2012. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Reading said he is going to vote against this. He said Mr. Mathews is a fine individual and he respects him, but he does not think he is the man for this job. Commissioner Reading said he had the job once and he was ineffective. When Mr. Mathews had the job it was downgraded from fulltime to part time. At that time he had at his disposal a city credit card and a city vehicle. Commissioner Reading said within a 300 mile radius of Dothan, Alabama there are approximately 22 predominantly black universities. He said that is inexcusable. He said also under his watch the EEO Officer reported to just three people: District 5 Commissioner, the Mayor and at that time District 2 Commissioner. Commissioner Reading said the EEO Officer should report to the Mayor and entire commission. He said in reality, he wishes there were no need for an EEO officer, but we are just not there yet. Commissioner Barbaree asked what the training part of this position entails. Mr. West said the training officer conducts the ethics training for our employees as well as various training on discrimination, etc. Mr. West said we want to expand out into a leadership academy so we can prepare our employees and give them the background they need to be promoted. Commissioner Barbaree asked if the position incorporates any type of aid with the safety officer. Mr. West said they will work in conjunction on certain things. Commissioner Newsome asked Personnel Director Delvick McKay what the position was advertised for. Mr. McKay said the salary range for the EEO position when it was advertised was at $54,787.20 up to $83,512.00. Commissioner Newsome asked if any members of the Personnel Board were present today. Mr. McKay said no members of the Personnel Board were present, but the Chairman of our Citizens Supervisory Committee is here. Mayor Schmitz introduced Daryl Mathews to the audience. Mayor Schmitz said he is grateful that Daryl applied for the job because he has a great plan and has a long time history with this city. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” Reading and Newsome. The motion was carried by the majority of five "yeas" to two “nays.” Mayor Schmitz introduced Resolution No. 2012-27 (recorded in Ordinance Book No._______at Page_______), declaring certain properties which are overgrown with weeds, scrub, wild bushes, grass and other vegetable growth as injurious to the health, safety and welfare of the community as nuisances and ordering that the properties be abated. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Minutes of the Board of Commissioners – February 7, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-28 (recorded in Ordinance Book No._______at Page_______), amending the agreement with Swanson Services Corporation to include additional services for commissary/inmate deposits through CourtMoney and debit card release of funds through Cobra SmartCard at a cost of $100.00 for a card reader and $200.00 for annual maintenance and upgrades. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-29 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Legacy Inmate Communications to provide the Inmate Communications Management System (iCON) for the Dothan City Jail paying the City a commission rate of seventy percent (70%) on completed calls and a onetime sign on bonus of $8,000.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. At this time, Commissioner Kirkland moved to remove item #14, accepting the proposal of Gametime in the amount of $30,000.00 for playground equipment for the Powell Street neighborhood playground and appropriating funds for said playground; and item #15, awarding the bid, entering into a contract and issuing a notice to proceed to Southern Sash for the replacement of a portion of the windows at the old Young Junior High School building in the amount of $110,720.00 with the Alfred Saliba Family Services Center agreeing to pay the project overage of $4,720.00 and appropriating funds for said donation from today’s agenda, motion seconded by Commissioner Barbaree and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-30 (recorded in Ordinance Book No._______at Page_______), submitting the 2011 Annual Sludge Report to the U.S. Environmental Protection Agency. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Barbaree expressed appreciation for all of the work that went into this. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-31 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the World Waterpark Association to purchase materials and instructions on promoting water safety at a cost of $100.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-32 (recorded in Ordinance Book No._______at Page_______), declaring a 1999 Ford Crown Victoria as surplus and no longer needed for public or municipal purposes and authorizing the transfer of the vehicle to the Town of Gordon Police Department. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome. Commissioner Newsome asked if anyone from Gordon was present to which there was not. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-33 (recorded in Ordinance Book No._______at Page_______), declaring a 1999 Ford E 350 15 Passenger Van as surplus and no longer needed for public or municipal purposes and authorizing the transfer of the vehicle to the Hawk Houston Boys & Girls Club. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Newsome asked if anyone from Hawk Houston Boys & Girls Club was present. Altha Newman was present. Commissioner Reading said the vision for this van is to pick up the kids in the afternoon and transport them to Hawk Houston Boys and Girls Club for tutoring. Commissioner Reading said another vision for this van is to pick up kids and transport them to Ozark to the Aviation College. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-34 (recorded in Ordinance Book No._______at Page_______), approving the payment of invoices for the month of January, 2012 in the amount of $8,889,979.99. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Minutes of the Board of Commissioners – February 7, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-35 (recorded in Ordinance Book No._______at Page_______), appointing Jeffrey L. Tyler as a member of the Board of Adjustment and Appeals. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-36 (recorded in Ordinance Book No._______at Page_______), reappointing John Nicholas Taylor as a supernumerary member of the Planning Commission. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-37 (recorded in Ordinance Book No._______at Page_______), reappointing Buford C. George as a member of the Community Development Advisory Board. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-38 (recorded in Ordinance Book No._______at Page_______), reappointing Victor E. Laurie as a member of the Community Development Advisory Board. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-39 (recorded in Ordinance Book No._______at Page_______), reappointing Angie McKinney as a member of the Community Development Advisory Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-40 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City. ITEM VENDOR AMOUNT Sewer Cleaner with Body Sansom Equipment $224,706.00 Mobile, AL Cab and Chassis for Sewer Body Coffman International $97,565.24 Dothan, AL Ninety (90) One-Ton Pallets of Kelley Seed Company $22,464.00 HAR-TRU in 50lb. bag Hartford, AL Herbicide Treatment for Chempro Services, Inc. $35,956.80 Vegetation Control Ocean Springs, MS One (1) or more Mid Size SUV Bondy’s $24,232.36 Dothan, AL Two (2) or more One Ton Bondy’s $52,150.00 Cab and Chassis Dothan, AL Other Purchases: Three (3) Unmarked Police Cars Woodson Jones Chevrolet $59,075.85 Fort Payne, AL One (1) Chevrolet Impala Capital Chevrolet $16,985.00 Montgomery, AL Three (3) Marked (Blk) Hometown Motors $71,550.00 Police Cars Opelika, AL One (1) Marked (White) $23,344.00 Police Car Web-Site Content Management Civic Plus $33,927.00 Solution Manhattan, KS Commissioner Snellgrove then moved for adoption of Resolution No. 2012-40, motion seconded by Commissioner Kirkland and unanimously carried. Minutes of the Board of Commissioners – February 7, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-41 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Jeremy Trawick IMSA Certification – Level 1 Traffic $ 1,810.00 Signal Field Tech & Work Zone Safety Daytona, FL Jeff Byars Southeastern Meter School & Conference $ 1,656.82 Tim Douglas Auburn, AL Roy Woodham Tuscaloosa Police Department $ 60.00 Assessment Center Tuscaloosa, AL Sandi Jarrett NENA Development Conference $ 1,940.52 Rhonda Freeman Orlando, FL Carl McComb Traumas of Law Enforcement $ 671.22 Atlanta, GA nd Tina McCord 22 Annual Special Olympic Nationals $ 985.00 Unified Bowling Tournament Baton Rouge, LA Steve Parrish Tuscaloosa Police Department $ 60.00 Assessment Center Tuscaloosa, AL Pat Parker 2012 DATIA Annual Conference $ 3,348.00 Amy Roselius San Antonio, TX Scott Heath Bomb Squad Commanders Conference $ 0.00 Socorro, NM Steve Gobble South AL Public Power Assoc (SAPPA) $ 366.96 Adam Patterson Fairhope, AL Eddie Henderson GPAC Meeting $ 256.78 Forsyth, GA th Angela T. Palmer GFOAA 2012 28 Annual Conference $ 1,504.00 Lisa H. Reeder Huntsville, AL Clint Ludlam IMSA Renewal – Level II Traffic Signal $ 440.00 Field Technician Daytona, FL Commissioner Reading then moved for adoption of Resolution No. 2012-41, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz announced the appointment of Lisa Kelly as a member of the Housing Authority Board. There being no further business, Commissioner Barbaree moved that the meeting be adjourned, motion seconded by Commissioner Kirkland and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk See approval next page: Minutes of the Board of Commissioners – February 7, 2012, continued. Approved: /s/Mike Schmitz, Mayor /s/James H. Reading, Associate Commissioner /s/Amos M. Newsome, Jr., Associate Commissioner /s/Albert Kirkland, Associate Commissioner /s/Critt Snellgrove, Associate Commissioner /s/Taylor Barbaree, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS