City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING APRIL 3, 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, April 3, 2012 with the following members present: Mayor Mike Schmitz, Associate Commissioners James H. Reading, Amos M. Newsome, Jr., Critt Snellgrove, Taylor Barbaree and Hamp Baxley. Commissioner Albert Kirkland was absent. 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. Reverend Steve Trail, First Free Will Baptist Church, then led in prayer, afterwhich Commissioner Reading led in the Pledge of Allegiance to the Flag. Commissioner Barbaree moved that the Minutes of the Meeting of March 20, 2012, be approved, motion seconded by Commissioner Baxley and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming April, 2012 as “Child Abuse and Neglect Prevention Month” in the City of Dothan. Sherryl Walker, Child Advocacy Center, along with Mary Paulk, Department of Human Resources and members of the Dothan Police Department were present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming April 22-28, 2012 as “Parental Alienation Prevention Week” and April 25, 2012 as “Parental Alienation Awareness Day” in the City of Dothan. A representative from the Alabama Family Rights Association was present for the proclamation. Commissioner Reading said for the last month he and Commissioner Newsome have taken a beating in the press because they did not attend the Lyle Sumek work session in January. He said that was $15,000.00 for three days work. Commissioner Reading said each one on the Commission take an oath to be good stewards of the taxpayers’ funds. He said what happens when Mr. Sumek comes to town for example: “do you like to wash your car on Monday, do you like to wash your car on Tuesday. Depending on the response, if five commissioners like to wash their car on Monday’s and only one likes to wash his car on Tuesday, we have got the City Manager here and we have Todd as our planner…so guess what is going to be on the agenda the following year….the six commissioners that like to wash their car on Monday, that is definitely going to be on the agenda. I don’t think that we need a planner to come tell us something we already know”. Commissioner Reading stated that there are four recreation centers in this city. He said all of them have swimming pools except one; Andrew Belle. He said it is very disturbing, looking our financial report, which states that we have over $2.1 million dollars for future recreational needs in this city. Commissioner Reading asked why we don’t have a pool at Andrew Belle. He said he and Commissioner Newsome have been advocating this for years. He said the money and need is there. Commissioner Reading said when he sees $2 million dollars in the bank and you cannot spend $80,000, $90,000 to $100,000…Dothan has grown and there is a need for that pool. He said it is the will of this Commission to do it….not Elston. He said it is the Mayor and this Commission. In regard to Commissioner Reading’s comments, Commissioner Newsome said he asked the question at the public hearing at Westgate….”Leisure Service’s Director why we don’t have a pool at Andrew Belle Center”. Commissioner Newsome said the director proceeded to tell him that “the City don’t have the money”. He said he quickly brought to his attention that department heads do not appropriate money; that that is done by the Commission. Commissioner Newsome said he told him that “he does not want to hear that”. He said he would address that with the City Manager, Mayor and Commissioners not the Leisure Services Director. Minutes of the Board of Commissioners – April 3, 2012, continued. Commissioner Newsome asked City Manager West to make sure he understands that. Commissioner Newsome said he attended the Quad A Expo at the Army Aviation Association of America Forum & Expo in Nashville this past weekend. He said what he saw would make you proud. The display of helicopters, unmanned aerial vehicles, weaponry, equipment including weapons and protective equipment for those who fly and operate is the best in the world. Commissioner Newsome said we can be proud of what Ft. Rucker does, not only for our troops who are in the field around the world, but for a lot of the civilian population that reaps a direct service from what Ft. Rucker does and from what our military all over the world do. Commissioner Newsome said he was only able to attend 1½ days of the convention; it is still going on and will be ending tomorrow. He said it would make you proud to see the importance of Ft. Rucker, the importance of aviation and the commitment that our government has in making our army aviation the best in the world, safest in the world and the most effective in combat. Commissioner Snellgrove stated that his all day District 4 meeting held last Wednesday at Doug Tew Center went very well. He said several people attended. Commissioner Snellgrove said he looks forward to having another one next quarter. Commissioner Snellgrove commended the Leisure Services Department for the great job they did with CityFest. He said it was an outstanding event. Mayor Schmitz, City Manager West and other Commissioners concurred. Commissioner Baxley recognized two District 6 residents. First, David Perez, Momma Goldberg’s Deli as the outstanding business in District 6 and Reverend Jack Beecham, Pastor of Acts Church, as the individual outstanding honoree for the month. Commissioner Baxley commended Dothan City Schools Superintendent Tim Wilder, along with School Board Members from Districts 5 & 6 for holding a forum last night at Covenant United Methodist Church to update everyone on what is happening within the public schools. Commissioner Baxley told City Manager West that about a month ago, he made some comments about the Pre-Trial Diversion Program. Commissioner Baxley expressed appreciation for some of the progress that has been made on that program, but there are still a couple of things that we need to work on. He said he still wants to work on the report that comes from the City Attorney’s office that shows the progress from that department; whether it be monthly, quarterly, etc. Commissioner Reading commended City Manager West for the great job done with the Heritage Trial over the past weekend. He asked that his comments be passed onto Bill Ward and his staff. They went above and beyond the call of duty in helping out with that. It was a great success! In regard to the District meeting held last night for District’s 5 & 6 with the School Board, Commissioner Snellgrove stated that District 4’s meeting will be in the morning, beginning at 8:30 a.m. at Heard Elementary School. Coach Jimmy Addison will be present as District 4 School Board Member. Mayor Schmitz congratulated Commissioner Newsome on receiving an award at the National League of Cities. He also congratulated Commissioner Barbaree on being named “Sportscaster of the Year” by the Alabama Broadcaster Association. Mayor Schmitz again commended everyone involved with CityFest this past weekend. City Manager West reminded everyone of the water restriction schedule that is in effect now. City Manager West then announced several events coming up: the Spring Session of Dothan 101 still has a few openings for anyone wishing to participate. The grand opening for Girls Softball is this Saturday morning beginning at 9:30 a.m. at Minutes of the Board of Commissioners – April 3, 2012, continued. the Westgate Softball Complex. Special Olympics will be at Dothan High School on April 11th at 10:00. This Saturday, Family Fun Day by the Miracle League will be at the Miracle League Complex at Westgate Park from 10:00 a.m. to 2:00 p.m. The Dothan International League, which will be at Walton Park, will have their grand opening on Saturday, April 14th at 10:00 a.m. The Police Department 5K Run for the Police Athletic League has been rescheduled for April 14th. The Professional Tennis Tournament will be in town beginning April 15th with the finals being held Sunday, April 22nd. City Manager West also commended everyone who helped with CityFest, not only city volunteers, but soldiers from Ft. Rucker came out and helped. Mayor Schmitz introduced the application of Tina Escalera for a Retail Beer License for Supermercado El Torito, located at 3753 Ross Clark Circle, Suites 1 & 2. Commissioner Barbaree moved for approval, motion seconded by Commissioner Snellgrove. Commissioner Newsome asked if anyone was present to represent this item. Mrs. Escalera was present. Commissioner Newsome asked Mrs. Escalera what was the length of her lease contract. Mrs. Escalera said it is a five year contract. Commissioner Baxley stated that there are several individuals listed on the survey who oppose this license. He then asked Mrs. Escalera to be mindful of those neighboring residents and business owners and make sure the business does not interfere with theirs. Mrs. Escalera said she would. There being no further discussion the application was unanimously approved. Mayor Schmitz introduced the application of Monica R. Warren for a Bail Bond License for AAASAP Bonding, LLC, located at 8 Forrest Street, Headland, Alabama. Commissioner Reading moved for approval, motion seconded by Commissioner Newsome. Commissioner Newsome asked if Mrs. Warren was present. Mrs. Warren was present. He then stated that the bond expired on December 11, 2011. Mrs. Warren said she turned in everything and her bond was approved for 2 years. Commissioner Newsome said the paperwork showed the expiration date as December 11, 2011. Mrs. Warren said that was if she kept the LLC. She said it is now a Corporation. Commissioner Newsome then asked Mrs. Warren if a person is bonded here in Alabama and they are from Texas, Louisiana or another state that has community property laws, will that have an impact on you. Mrs. Warren said she is going to do her investigation and make sure they have 2 cosigners and she is not just going to write a bond without doing her research. She said she has licensed bonding hunters that work for her across the state to take care of that. Commissioner Newsome said Mrs. Warren you are separated and if you are involved in property in a state where there is community property, your separation with the person who you are married to can have an impact on what you do. Mrs. Warren said her corporation is formed by herself; no one else in the corporation but her. Commissioner Newsom said he could not find the “proof of citizenship” form in the application. City Clerk Pam McCoy stated that there has been a “stay” issued on that so we are not requiring that at this time. There being no further discussion, the application was unanimously approved. Commissioner Snellgrove moved for acceptance of the Comprehensive Annual Financial Report (Audit) for Fiscal Year ending September 30, 2011, motion seconded by Commissioner Baxley and unanimously carried. George McClintock and Marc Nelson of McClintock, Nelson, Whitehead & Associates were present for questions and comments regarding the audit. In regard to the funded balances, Commissioner Barbaree asked if we are putting $250,000.00 per year aside for storm drainage. City Manager West said yes. Commissioner Barbaree then asked if that began last year. Mr. West said yes. Commissioner Newsome expressed appreciation to Mr. McClintock and his associates for continuity for the last 8 years. At this time, Mayor Schmitz announced a Public Hearing regarding the proposed revocation of the Business License of Club Chloe, d/b/a Club Primetime. Mayor Schmitz stated that the Commission would hear evidence bearing upon the question of revocation. Witnesses for the City would be heard first, followed by those from the licensee. Minutes of the Board of Commissioners – April 3, 2012, continued. Sgt. Will Glover, Dothan Police Department stated that his current assignment with the Police Department is Supervisor of the Violent Crimes Unit. One of his duties everyday is to go through the reports and assign any crimes of violence and in doing so; another responsibility is to track trends, whether it be armed robberies or certain areas where there are a lot of sexual assaults. Sgt. Glover said in doing this, what they discovered was that the crimes of violence had increased at this night club and around this area. The location referred to here is 230 E. Powell Street. Sgt. Glover stated that the business licensee is Clarenton Crawford and the license is under Crawford & Miller Enterprises, LLC. The City of Dothan granted the business license on December 4, 2002 under the D/B/A of Southern Nights. Sgt. Glover stated that on January 31, 2008, Mr. Crawford changed the D/B/A to Club Chloe. Since then, he has changed the name to Primetime, but that was only done with the ABC Board. The business license that the City still has is under Club Chloe. Sgt. Glover said they went back and looked at all the calls of service for the Dothan Police Department at this location since the license was granted in 2002. There were 437 calls for service at this location. Sgt. Glover stated that the calls ranged from a disorderly person, to a fight, all the way to homicide. He said what got their attention, originally, was the calls from January 1, 2012 until February 21, 2012. Sgt. Glover said there were 41 calls for service, which included 1 free for all, 1 firearm assault, 2 assaults, 9 disorderly person calls, 2 loud music or noise calls, 1 murder, 1 harassment and 2 drug activities. Sgt. Glover said we have had several shootings and homicides there. The first one was on January 22, 2012 at this location. He said they were having a concert that night and the entertainer that was booked for the concert was out of Birmingham. As usual, Club Primetime had their own security; they are there every night. The entertainer that came down from Birmingham also brought a security detail with him, which is normal, in talking to people. Sgt. Glover said sometime just prior to 3:17 a.m. a fight broke out inside the club between a Dothan resident and one of the Birmingham security guards for the entertainer. He said the fight got out of control and it spilled out into the street in front of the club. At that time, what happened was more Dothan residents saw the Birmingham guys assaulting the Dothan guys and the fight really got out of control. Sgt. Glover said the dispatcher received a call for a free for all. He said he and several ABC agents were out that night working another detail and responded with the patrol units. Sgt. Glover said before any officers arrived on the scene, the call was upgraded to “shots fired”. He said officers were still responding to the scene and before any units arrived the call was upgraded again to “someone has been shot”. Sgt. Glover said when he arrived on the scene he observed the victim lying in the street in front of the club. He said it was Anthony Robinson who has been a Dothan resident his whole life. Sgt. Glover said there were also three young females that were trying to give aide to him. Sgt. Glover said he assisted in giving aide until rescue arrived and Mr. Robinson was transported to the hospital where he died from his injuries. Sgt. Glover stated that the three females were able to tell them at the time that the suspects in the case were some of the Birmingham security or Birmingham entourage and they ran back into the club after the shooting. He said they then locked down the club, had officers on all sides, and began bringing people out two at a time searching them for weapons and to make sure everyone was safe. Sgt. Glover said after that, they went in and cleared the club to make sure no one else was hiding. He said the first thing that was determined as they were clearing the club was that there were bags of marijuana all over the floor. Sgt. Glover said it was obvious that there was a lot of marijuana smoking going on inside the club during the concert and when they brought people out, people had dropped the marijuana on the floor. Sgt. Glover said the narcotic officers collected all of the drugs even though there were no arrests made from that. Sgt. Glover said he brings that up because it goes back to the ordinance about allowing criminal activity inside the business. Sgt. Glover said while they were searching the club, they also found three of Primetime’s security guards hiding under the stage. He said they had to remove them from under there. He said he believes it is part of the businesses responsibility to provide security for your customers. He said when it went south, three of them hid under the stage. Sgt. Glover stated that approximately 50 people were taken to the Police Department and interviewed. Through the investigation, they were able to determine that the fight did start inside the club and it spilled over into the street. Sgt. Glover said they did make an arrest on that case and it was one of the people from Birmingham. He said after that night, the club closed temporarily for approximately 3 weeks. Sgt. Glover said the very next night they opened was Minutes of the Board of Commissioners – April 3, 2012, continued. February 18, 2012. On that night, at approximately 3:00 a.m., there was a fight that broke out inside the club between two Dothan residents. Sgt. Glover said, again, similar incidences, the fight spilled out onto the street causing another free for all. He said they had officers who were doing foot patrol at a nearby club that heard the shots fired and responded to this location. Sgt. Glover said when they arrived they did find where one of the Dothan residences, Shanqueze Franklin, had been shot in the leg. Mr. Franklin was transported to the hospital and luckily survived his injuries. Sgt. Glover said through that investigation, the same thing had happened. The fight started inside, spilled over onto the streets, cause a big free for all. He said the sad part about this one is there was also another person, Mr. Jeffrey Danzey, who is 24 years old, who was also shot twice in this incident and had nothing to do…..was not involved in the altercation inside the club. When the fight broke out, he was merely trying to get out of there to make it home and was shot twice. Sgt. Glover said an arrest was made in the case and charged the suspect with attempted murder and assault first for shooting Mr. Danzey. Sgt. Glover said, in speaking with the ABC Board and everyone else, their allegation, through the City ordinance, that allows them to have a business, that the licensee or the agents thereof, has allowed criminal activity to go on and/or in his opinion and in the Police Department’s opinion has become a public safety issue where it is not safe for the citizen’s of Dothan to attend this establishment. Heath Carpenter, Enforcement Agent for the State of Alabama Alcohol Beverage Control Board stated that Club Primetime falls within his assigned territory to work. He said they were approved for a license in August, 2002 by the current owner. Since that time, there have been 15 different administrative charges against them. They pled guilty to all 15 of those. Agent Carpenter stated that there are currently 8 outstanding charges that they are going to have to answer. Those charges vary from very minor to very serious and critical issues. He said they have established a pattern of the way that this club is run and he believes it is a danger to the safety of the public and our community. Commissioner Reading said that Mr. Crawford was at his house Saturday and he agrees with the recommendation and has turned his license in. Commissioner Reading said Mr. Crawford also called him yesterday; he lives in Atlanta and he realizes the situation and has already turned his license in. Commissioner Newsome said his understanding is that Mr. Crawford nor a representative from his business has not turned in his license. City Manager West said we received a letter from him around noon on Friday stating that he was turning his license in, but he has not physically turned in his license. Commissioner Newsome said the license is not in the possession of the City of Dothan. Mr. West said that is correct. There being no further discussion, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Resolution No. 2012-84 (recorded in Ordinance Book No._______at Page_______), revoking the business license issued December 4, 2002 to Crawford & Miller Enterprises, L.L.C., d/b/a Southern Nights and transferred on March 4, 2008 to Club Chloe, d/b/a Club Primetime, located at 230 East Powell Street, Dothan, Alabama. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-85 (recorded in Ordinance Book No._______at Page_______), approving the purchase of Evidence Tracker Property Management software for use in inventory/control of evidence and property at a cost of $12,603.00, entering into an agreement with Tracker Products, LLC for software license and professional services at an annual cost of $5,000.00, authorizing the utilization of seizure funds for the purchase and annual maintenance of the software and appropriating funds for said software. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-86 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with FirstCard ATM, Inc. to purchase and maintain an ATM machine at the Dothan Magistrates Office Minutes of the Board of Commissioners – April 3, 2012, continued. at a cost of $2,495.00 for a period not to exceed five (5) years. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-87 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with FirstCard ATM, Inc. to purchase and maintain an ATM machine at the Dothan Police Department at a cost of $2,495.00 for a period not to exceed five (5) years. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-88 (recorded in Ordinance Book No._______at Page_______), releasing petty cash funds in the amount of $20,000.00 to the Judicial Department to be used for the ATM machines located at the Dothan Police Department and the Dothan Magistrates Office. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-89 (recorded in Ordinance Book No._______at Page_______), reappointing Sandy Fischer as a member of the Performing Arts Board. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-90 (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 One (1) or more Street Sweeper Sansom Equipment $159,925.00 Mobile, AL -1250.00 $158,675.00 Eight-Hundred (800) yards of Tri-State Hardscapes, LLC $19,200.00 Engineered Wood Fiber Dothan, AL Other Purchases: Two (2) or more Unmarked Woodson Jones Chevrolet $39,383.90 Police Cars Ft. Payne, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2012-90, motion seconded by Commissioner Barbaree and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-91 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Billy Richardson 2012 WWT Plant Award Inspections $ 174.26 Bessemer & Hoover, AL Eddie Henderson GPAC Summer Conference $ 805.00 Brass Towne Valley, GA Angie Lowe ARPA Spring Camporee $ 2134.00 Rosa Ford Opelika, AL Rosalinda Grace Keith Munn Trench Rescue Technician $ 3130.00 Jesse Taylor Alabama Fire College Tim Wright Tuscaloosa, AL Brad Strickland Pam McCoy Alabama Municipal Revenue Officers $ 792.00 Certification Training Institute Tuscaloosa, AL Minutes of the Board of Commissioners – April 3, 2012, continued. Donnie Bedsole AWPCA Inspector’s Luncheon $ 25.00 Montgomery, AL Jimmy Cockrell Skid Car Training $ 540.00 Allen Stowers Ozark, AL Jeff Leonard Michael Hatcher Will Hopkins J.R. Skipper Jason Money Shawn Talley Larry McGhee Jimmie Reese Robert Kloenne Lonnie Dozier Commissioner Reading then moved for adoption of Resolution No. 2012-91, motion seconded by Commissioner Newsome and unanimously carried. Commissioner Newsome moved for acceptance of an easement from Partners, LLC needed to construct necessary improvements to existing sanitary sewer facilities commencing at the NW corner of Lots 16 and 17, Block “B” Collins Wood Court Estates (across the pond at Bojangles), motion seconded by Commissioner Barbaree and unanimously carried. Commissioner Newsome moved for acceptance of an easement from Partners, LLC needed to construct necessary improvements to existing sanitary sewer facilities commencing at the NW corner of Lots 16 and 17, Block “B” Collins Wood Court Estates (between Bojangles and Holiday Inn), motion seconded by Commissioner Snellgrove and unanimously carried. Commissioner Snellgrove moved for acceptance of an easement from Skybound Development, LLC to construct necessary improvements to existing sanitary sewer facilities commencing at the NW Corner of Lots 16 and 17, Block “B” Collins Wood Court Estates (across from Bojangles), motion seconded by Commissioner Barbaree and unanimously carried. There being no further business, Commissioner Newsome moved that the meeting be adjourned, motion seconded by Commissioner Barbaree and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk 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 Taylor Barbaree, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS