City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING FEBRUARY 21, 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 21, 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, Administrative Assistant Tammy Danner, who recorded the Minutes of the Meeting, and the local news media representatives. Mayor Schmitz called the meeting to order. Pastor Bob Baxter, First Presbyterian Church, then led in prayer, afterwhich Commissioner Snellgrove led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of February 7, 2012, be approved, motion seconded by Commissioner Barbaree and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming February 23, 2012 as “Arbor Day”. Dan Williams, City of Dothan Horticulturalist was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming February 19-25, 2012 as “Through With Chew Week”. Michelle Garrett, Alabama Department of Public Health, Judy Guiler, Dothan-Houston County Substance Abuse Partnership and students from the Northview High School SAAD organization were present for the proclamation. Commissioner Reading said the weight room at Northview High School is appalling. They have the same weights they had when the school opened. Commissioner Reading said the new football coach is determined to make Northview football competitive. Commissioner Reading said he turned in a work order to have the lights that are out on the softball and baseball fields replaced. He asked City Manager West to follow up on that. Mr. West said the utility department is working on that. Commissioner Reading asked if the City furnished the bulbs. Mr. West said the school provided the bulbs and we put them in. Commissioner Reading stated that the people in Hunter Ridge Subdivision have septic tanks; they are in the process of getting a petition……Commissioner Reading said we can run sewage up there, but we cannot force anyone to sign up. He said the people who want to hook up are the ones that are having problems with the sewage. He asked that we get with the people in that subdivision and explain their options to them. Commissioner Reading said for the last two months we have had an 18 wheeler bed and a regular bed parked at the corner of Allen Road and Glanton Street. He asked that the police department go by and put a ticket on those two items. They are in a residential neighborhood. Commissioner Reading said he would like to know if the bridge across Rocky Branch Creek, the protection between the street, meets the American Disability Act. Public Works Director Jerry Corbin said Charles Metzger and another engineer went out and checked the dimensions across the bridge and everything is over 36 inches, which is the minimum required by the ADA. Commissioner Reading said he would pass that on. Commissioner Newsome asked City Manager West what the status was on the consultant that was hired to do a survey on the community. Mr. West said the draft Minutes of the Board of Commissioners – February 21, 2012, continued. is complete. Todd McDonald is going over that now and it should be finalized within the next two weeks. Commissioner Newsome asked what is the fencing requirement for a vicious dog; particularly where the back yards join and the only fence between the back yards is a chain link fence. Mr. West said he did not think there were any special requirements. City Attorney Len White said vicious dogs are illegal. He said if the dog is determined to be vicious then a police officer can put him down. Mr. White said that determination is a strict one, but the manner of keeping your dogs is not dependent upon that. He said there are requirements, but it is not any different; vicious dogs are illegal. Commissioner Newsome then asked Mr. West what the status is of the pit bulls we talked about last week. Mr. West said Adrian Woodruff was going out and talk to the individual and also check to see if we had a call about another animal being put in there with them. Commissioner Newsome said he was out visiting and saw at least three pit bulls. One of the pit bulls was probably 75 to 80 lbs. One was smaller. Commissioner Newsome said the 80 lb. pit bull was on a log chain. He said it was a vicious dog and in that case those dogs should not be there. Mr. West said if they are determined vicious we have the right to take those animals from them. Commissioner Newsome asked if we are saying that all pit bulls are not vicious. He then asked how we determine the viciousness of a pit bull. Mr. West said there are certain tests they use with the animal regarding the demeanor, reactions, etc. to determine whether they are vicious or not. Based on that criteria, if the animal is vicious, then they can put that animal down. Commissioner Reading said throughout his district there are trees that are affecting safety. He said there should be some way we can cut them down or trim them. Commissioner Reading said it is only a matter of time before the tree on E. Burdeshaw Street comes down. He said we have transformers all over that will allow us to go and trim these trees…..we need an ordinance to that affect. Mr. West we will look at what our options are. At this time, Commissioner Kirkland stated that he and City Manager West attended the annual Alabama Planning Association meeting last week in Mobile. Awards were presented in different fields. The City of Dothan received 3 out of 9 awards. Commissioner Kirkland then presented Mayor Schmitz plaques for those 3 awards which included: Outstanding Planning Award for a “Project or Implementation Tool-Comprehensive Re-write of the Dothan Zoning Ordinance”; the Outstanding Planning Award for a “Plan or Panning Program-City of Dothan Long Range Development Plan: A Sense of New Beginnings”; and the Distinguished Leadership Award for a “Friend of Planning-Chuck Harris” from the Alabama Chapter of the American Planning Association. Commissioner Kirkland and Mayor Schmitz commended Todd McDonald and his staff for an outstanding job. Commissioner Snellgrove commended the Chamber of Commerce and Matt Parker for the great job they are doing for our community. This morning there was a press conference with KFH Industries. They are expanding their operation. Panhandle Converters is also expanding. Commissioner Snellgrove also welcomed Dothan City Schools Superintendant Tim Wilder and Mike Manuel, Chief Financial Officer to the meeting. Commissioner Barbaree asked City Manager West to put in a work order for the ditch behind Candlewood Drive. He said the ditch is encroaching on private property and is causing a lot of erosion. Commissioner Barbaree announced a neighborhood watch meeting in Grove Park on Monday, February 27th for the Grove Park residents and on Tuesday, February 28th for the Terrace residents. Commissioner Barbaree recognized Ms. Vicki Davis, Principal of Highlands Elementary School and told her he is working on a sidewalk from the school to Highland South neighborhood. Minutes of the Board of Commissioners – February 21, 2012, continued. Commissioner Baxley also announced a neighborhood watch meeting for the Garden District area on March 5th at 5:30 p.m. at the First United Methodist Church. Commissioner Baxley expressed appreciation to Mr. West and Jerry Corbin for helping out the residents on Monterey Court for the garbage snafu that happened last week. Commissioner Newsome said there have been several shootings in the Dixie area over the last few months. He asked City Manager West what was being done to curb that. Mr. West said we are pulling the numbers from that area to see the total number of problems we have had. He said the ABC Board has called a hearing concerning the liquor license for that establishment because of those activities. Mr. West said we will be working with the City Attorney to see if we have enough problems there to warrant revoking their business license. Commissioner Newsome said we have had enough shootings to warrant some action. He said this is something we cannot continue to live with. Mr. West concurred. Mayor Schmitz announced that he and Commissioner Newsome would not be at the next commission meeting. They will be in Washington D.C. Commissioner Newsome serves on the Friends of Fort Rucker Committee. Mayor Schmitz explained that because of the budget crisis going on in Washington D. C., they are considering having two BRAC’s (Base Realignment and Closure). He said Fort Rucker is an incredible part of our community for many reasons and it is very important that this community be proactive. City Manager West announced that the Spring 2012 Dothan 101 Class will begin April 17, 2012 through June 12, 2012. Ernie Stokes, City Engineer updated the Commission on the Beaver Creek/Spann Farm Storm Drainage. He stated that the heavy construction has been completed there. They have resurveyed those improvements and are in the middle of doing some final tweaking on the grading. That will then be put into the LOMAR and sent to FEMA for their review. This should be done by the end of May. Commissioner Barbaree asked if the problem with flooding has been fixed there at Flowers Hospital. Mr. Stokes said part of the parking lot at the Sony property is going to be in the flood plain, but this should take care of the Flowers Hospital drainage coming across the road and not getting to the substation. Commissioner Barbaree asked if all three phases have been completed. Mr. Stokes said all of the construction is pretty much complete. He said they are in the process of tweaking some of the areas to confine the flood water to keep it off some of the residential lots, etc. Commissioner Barbaree said he knew that FEMA would have the last word on what houses will be in the flood plain. He then asked Mr. Stokes how that would look on his opinion. Mr. Stokes said they will be taking out some of the areas that are currently mapped in the flood plain. There will be a flood plain going through Grove Park and Spann Farms. It will be confined to some of our channels. Commissioner Barbaree asked if it will affect any of the addresses. Mr. Stokes said we are in the process of surveying that right now, but we have done some work to minimize those impacts and move some lots that we knew were going to be in the flood plain. Commissioner Barbaree asked if a developer or homebuilder wanted to build a house in a designated flood plain do we allow that. Mr. Stokes said yes; they would have to buy flood insurance and their foundations would have to be above the flood plain. City Manager West said based on the pond at Sony, we think with a normal rainfall there will be no backup across Highway 84. Mr. Stokes concurred. Commissioner Barbaree said he understood that the State has to maintain the median. He then asked who maintains the drainage under Highway 84. Mr. West said the State maintains that. Commissioner Barbaree asked if we get some kind of report about how often they look at those drainage areas. Mr. West said he did not think so. Mr. Corbin said we have been at that median during a storm event clearing stuff out. So when we know it is happening we are going to go to it and do what we need to do. He said typically, we can respond quicker than the State can. Commissioner Barbaree asked what we can do to get the State to better maintain that storm drain. Mr. Corbin said what is downstream there is what has been causing the backup not what is underneath. Minutes of the Board of Commissioners – February 21, 2012, continued. Commissioner Reading asked if there is any way we can get the State to certify that this is being done. He said we are going to look like blooming idiots if we lose power to Flowers Hospital. Commissioner Reading said he prays they have their emergency generators on the roof. Mr. Corbin said we can contact them, but he is not sure they have a real role in this project. He said it is part of the overall storm drainage work. The Flowers property did some storm drainage work themselves. They added some detention volume on their campus and we have added volume at the Sony property; also, another detention pond at Spann Farms. Mr. Corbin said we have done some additional grading along that ditch as it affected some of the residential lots that we hope, once FEMA reviews our submittal, they will be taken out of the flood plain. Mr. Corbin said we have confidence that it is going to be a successful project. In regard to the intersection at Plant Street and Highway 84, Commissioner Newsome said where we had the water that was above the house across Highway 84 on Murphy Boulevard the reason for that backup was a stopped ditch that flows into the old Mussee Creek. He asked if that is clear and open so that it does not stop up again. Mr. Corbin said as far as he knows all of the drainage structure in that area is open at this time. Commissioner Newsome said some of the residents at the bottom of the Morris ditch in Ford Country are still trying to recover. City Manager West announced there will be a district basketball tournament for the area basketball teams at Westgate and Wiregrass Park this Saturday. City Manager West also announced a Public Hearing regarding the Northeast Urban Area Redevelopment Plan on February 23rd at 6:30 at Andrew Belle Park. Mayor Schmitz introduced Ordinance No. 2012-42 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by R. E. Jr. & Jane Loring Foy located at the intersection of Ross Clark Circle and Haven Drive from R-1 District to B-2 District. Commissioner Newsome moved for immediate consideration, motion seconded by Commissioner Baxley 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. 2012-42, 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.” Mayor Schmitz introduced Resolution No. 2012-43 (recorded in Ordinance Book No._______at Page_______), superceding the employment agreement between the City of Dothan and Michael West in favor of a new employment agreement effective February 22, 2012 and expiring on February 21, 2015. Commissioner Reading moved to table this resolution for 90 days, motion seconded by Commissioner Newsome and upon the motion being put to vote, those voting “yea,” were Reading and Newsome; “nay:” Schmitz, Kirkland, Snellgrove, Barbaree and Baxley. The motion was denied by the majority of five “nays” to two “yeas”. Commissioner Baxley then moved to adopt Res. No. 2012-43, motion seconded by Commissioner Barbaree 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 said we are blessed to have a professional city manager and are blessed to have department heads that we have. We have reinvested in our community, won awards, financial awards thanks to department heads. Mayor Schmitz expressed appreciation to Mr. West for allowing us to work with him and wanting to be here. Commissioner Barbaree said he could not imagine working for seven people and expressed appreciation to Mr. West for all he does. Commissioner Snellgrove concurred. Mayor Schmitz introduced Resolution No. 2012-44 (recorded in Ordinance Book No._______at Page_______), approving an application to amend the Certificate of Minutes of the Board of Commissioners – February 21, 2012, continued. Incorporation of the Cooperative District of Southeast Alabama. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-45 (recorded in Ordinance Book No._______at Page_______), accepting the proposal of Miracle Playground Equipment in the amount of $35,904.02 for playground equipment for the neighborhood playground on Powell Street and appropriating funds for the city’s portion of the playground. Commissioner Newsome moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-46 (recorded in Ordinance Book No._______at Page_______), executing a Memorandum of Agreement with the Alabama Department of Public Safety to reimburse the City for certain expenses incurred in providing training to student officers at the Alabama Criminal Justice Training Center. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-47 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a tapping tee, valve, pipe and meters on the right-of-way of Montgomery Highway to serve Cheddars Casual Café. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-48 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a tapping tee, valve, pipe and meters on the right-of-way of Montgomery Highway to serve Buffalo Wild Wings. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-49 (recorded in Ordinance Book No._______at Page_______), declaring certain personal property as obsolete and no longer needed for public or municipal purposes and authorizing the disposal of the said property. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading. Commissioner Newsome said, in regard to the tandem axle automated garbage trucks, he is concerned that we ensure that we have sufficient trucks so that we can get garbage picked up and that we never, ever again, in the City of Dothan, find ourselves the ownership for the single axle garbage trucks. Mr. West said we are working on that. We ordered one last year and we will order one this year. He said we have a plan to get rid of all of those over the next several years. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-50 (recorded in Ordinance Book No._______at Page_______), releasing a Petty Cash increase in the amount of $295.00 to the Leisure Services Department for the Westgate Indoor Pool. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-51 (recorded in Ordinance Book No._______at Page_______), reappointing Bob Theune as a member of the Houston-Love Memorial Library Board. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-52 (recorded in Ordinance Book No._______at Page_______), reappointing Harrison Morris as a member of the Houston-Love Memorial Library Board. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-53 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids received by the City. Minutes of the Board of Commissioners – February 21, 2012, continued. ITEM VENDOR AMOUNT CDBG Fire Hydrant Material Consolidated Pipe and Supply $41,988.50 *Purchased with CDBG Montgomery, AL Grant Funds H.D. Supply $12,732.80 Dothan, AL Duplex, Triplex, and Quad H.D. Supply As needed over Aluminum Wire Dothan, AL an approximate one year period Triplex, Duplex, and Quad T.C. Specialty Distribution As needed over Aluminum Overhead ACSR Wire Dothan, AL an approximate one year period Stuart C. Irby Company Dothan, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2012-53, motion seconded by Commissioner Barbaree and unanimously carried. Mayor Schmitz introduced Resolution No. 2012- 54 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Brian Smith Repairs to Bomb Squad robot $ 686.00 Joey Evan Clinton, TN Roy Woodham Kentucky Polygraph Association 2012 $ 990.00 Training Seminar Gatlinburg, TN Tony Black ARPA 10U District Basketball Tournament $ 474.00 Abbeville, AL Jerry Moore 18 U District Basketball Tournament $ 474.00 Enterprise, AL David Butterfield ARPA 10U District Basketball Tournament $ 474.00 Abbeville, AL Darien Bush IMSA Renewal- Sign and Marking Level II $ 2314.00 William Lightner St. Petersburg, FL Carol Lightner Rachel David Level II Crisis Negotiations Class $ 1300.00 Jacksonville, FL Doug Magill Crisis Negotiations Seminar $ 440.00 Adam Davis Ft. Rucker, AL Develis Butler Keith Cook Mamie McCory Alabama Jail Association $ 448.36 Laura Ruesing Montgomery, AL Jamie Quattlebaum ARWA N34th Annual Technical Training $ 1704.00 Donnie Bedsole Conference Montgomery, AL Ronnie Anderson Advance School Resource Officer $ 847.00 Training Course Huntsville, AL W. Benny Forensic Pieces of Basic Crime Scene $ 585.00 Investigation Panama City, FL Derek Wieczorek Juvenile Interview and Interrogation $ 584.76 Sean Morgan Techniques Lawrenceville, GA Travis Fretts R353: Community Education Leadership $ 130.48 Emmitsburg, MD Minutes of the Board of Commissioners – February 21, 2012, continued. Tony Thorne State Basketball Tournament $ 1955.00 Russellville, AL Jerry Moore State Basketball Tournament $ 1955.00 Russellville, AL Micah Turner State Basketball Tournament $ 1955.00 Russellville, AL Tony Black State Basketball Tournament $ 1955.00 Russellville, AL Commissioner Reading then moved for adoption of Resolution No. 2012-54, motion seconded by Commissioner Barbaree and unanimously carried. Commissioner Reading moved for acceptance of an easement from Amrutlal K. Patel and wife, Lilavati needed for improvements to utility facilities on U.S. Highway 84 East, motion seconded by Commissioner Newsome and unanimously carried. Commissioner Snellgrove moved for acceptance of an easement from Centurin V., Inc. needed for a water main at 400 Hedstrom Drive, motion seconded by Commissioner Newsome and unanimously carried. There being no further business, Commissioner Barbaree moved that the meeting be adjourned, motion seconded by Commissioner Baxley and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk Approved: Mike Schmitz, Mayor /s/James H. Reading, Associate Commissioner 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