City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING MAY 15, 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, May 15, 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. Pastor Will Siscel, Harvest Church, then led in prayer, afterwhich Commissioner Snellgrove led in the Pledge of Allegiance to the Flag. Commissioner Barbaree moved that the Minutes of the Meeting of May 1, 2012, be approved, motion seconded by Commissioner Baxley and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming May 13-19, 2012 as “Police Week” in the City of Dothan. Police Chief Greg Benton and members of the Dothan Police Department were present for the proclamation. Chief Benton announced that there will be a Memorial Service held tomorrow at 10:00 a.m. in the Municipal Court Room and invited everyone to attend. Mayor Schmitz presented and read a proclamation, proclaiming May, 2012 as “Foster Care Month” in the City of Dothan. Julie Lindsey, Houston County Department of Human Resources was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming May, 2012 as “Water Safety Month” in the City of Dothan. Elston Jones and Robin Patrick, Leisure Services Department, were present for the proclamation. Mr. Jones announced that Ms. Patrick will be retiring in a couple of weeks after 34 years of service with the City of Dothan. Mayor Schmitz presented and read a proclamation, proclaiming May 20-26, 2012 as “Emergency Medical Services Week” in the City of Dothan. Fire Chief Larry Williams and other members of the Dothan Fire Department were present for the proclamation. Battalion Chief Chris Etheredge presented the John T. Ingram Emergency Medical Technician of the Year Award to Fire Fighter Thomas Brown and the Paramedic of the Year Award to Fire Fighter Kyle McDaniel. Commissioner Snellgrove welcomed Mike Manuel, Chief Financial Officer for the Dothan City Schools, to the meeting. Commissioner Snellgrove commended Dothan Utilities Superintendent Billy Mayes and his staff. He said the annual report for the wastewater treatment plants came back this week with flying colors. Commissioner Baxley commended the candidates vying for the District 4 County Commission seat on a great forum last night. He said the entire District 4 area covers District 6 for the city. He encouraged those residents in District 6 to pay attention to the race and go vote on May 22nd. Commissioner Baxley expressed appreciation to the Fire, Police and Leisure Services Departments for the work they have done over the last couple of weeks with the various community events. Minutes of the Board of Commissioners – May 15, 2012, continued. Mayor Schmitz announced that on Wednesday at 2:00 p.m. at Westside Terrace there will be a “Wild Wild West Day” event. He said part of the entertainment will be a group re-enactment scene complete with gun fire (blanks)! Mayor Schmitz expressed appreciation to Leisure Services for the great job they did with the “Mayor’s Ride for Fitness Race” held this past Saturday. City Manager West said the community build for the playground on W. Powell Street was a great success. It was a much needed addition to the neighborhood and looks great! City Manager West said some of the new Commissioners have never had the NIMS training (National Incident Management System), which they are required to have. He said Chief Williams is going to get with Sarah to set up times for them to complete the test. City Manager West said the spring session of the Dothan 101 Class is going very well. Mayor Schmitz introduced the application of James W. Thorpe for a Retail Beer and Table Wine License for Dollar General Store #829, located at 1792 East Cottonwood Road. Commissioner Barbaree moved for approval, motion seconded by Commissioner Reading and unanimously carried. Mayor Schmitz introduced the application of Sanny Chowdhury for a Retail Beer and Table Wine License for Lolos Mini Mart, located at 3439 Denton Road. Commissioner Reading moved for approval, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz announced a Public Hearing regarding amending Chapter 114, Zoning, Article XIII, Landscaping and Buffers of the City of Dothan Code of Ordinances. He stated that two people have signed up to speak. Ms. Barbara Moore said she wanted to speak on freedom. She then quoted Thomas Jefferson. Ms. Moore said she is concerned with the direction Dothan is taking with the increased regulations; the kind of regulations and the vast number of regulations. She said Mr. McDonald has done a good job with what he has been hired to do. Ms. Moore said the laws are usually made from need and from the bottom up with the citizens recognizing a need that they cannot meet themselves. They then prevail to government to make a law addressing that. She said she has not heard of anyone in our city pushing for these landscape regulations. She said we can look at the most beautiful part of our city, the Garden District, and that was not through the planning of the city. It was by Dothan citizens using their creativity with their own property. Ms. Moore said the property values have remained high. She said she also wonders how this is going to be enforced; maybe ride around in an enforcement vehicle or put up cameras. Ms. Moore said she is very concerned with the direction we are taking, not just with the landscaping……micromanaging……the government from the top down…..micromanaging the activities of free people who can make their own decisions regarding all of this. She said we can look at this as a hidden tax as well; planting certain plants that may be more expensive than others. She said it has to do with choice and freedom. Ms. Moore then asked Mayor Schmitz if he had been lobbied by the citizens saying they need all of these new regulations. Mayor Schmitz said he would discuss that when we get to it. Ms. Moore said we are not able to enforce decency standards in our community, but we can enforce all of these regulations regarding landscaping. Ms. Moore then quoted Benjamin Franklin. She then thanked the Commission. Mr. Chuck Harris, Chairman of the Planning Commission, stated that the committee spent 3½ years on this ordinance. He said they are not trying to tell people what to plant in their yards or what kind of trees to plant. Mr. Harris said this is to be used in the commercial and industrial areas of our town. He said as we grow we have to have some sort of control. Mr. Harris said 20 years ago we didn’t and we can see some of what happens. He said we are creating a beautiful town and trying to make it look nice for the citizens of Dothan. Minutes of the Board of Commissioners – May 15, 2012, continued. There being no one else wishing to speak, Mayor Schmitz announced that the Public Hearing was closed. Mayor Schmitz introduced Ordinance No. 2012-119 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 114, Zoning, of the City of Dothan Code of Ordinances by deleting Article XI, Supplemental Regulations, Section 114-187, Tree Preservation and Landscaping and Section 114-188, Buffers/buffer-yards and adding Article XIII, Landscaping and Buffers. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Baxley and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of six “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2012-119, motion seconded by Commissioner Baxley. Commissioner Newsome said the Commission can make major modifications and the Planning Commission can make minor modifications. He said he noted in “Definition” there is no definition or example of a major modification and a minor modification. Commissioner Newsome said he would like some kind of definition that will give citizens an indication that if there is a minor requirement for a modification or if there is a major requirement so that it will be very clear. He said the core of the discussion was how much government is enough. Commissioner Newsome said if we look at, not just our local government, but at state and national governments, that question is still there. He said we have not been able to arrive at that point where we can always waive a wand and say this is enough. We have to do the best we can and depend on the citizens to address those portions of governing that we put in place that does not fit in their situation. Commissioner Newsome said this comes back to modifications. If there are needs for modification, then this Commission will hopefully make those modifications, if they are major. If there is a need for minor modifications, it is expected that our planning staff will make those. He said we have an open to change if there is a requirement. Commissioner Barbaree said he has sat on this Commission almost 8 years and there have been a number of incidences where developers have put up large shopping developments and no buffer or adequate buffer was required to separate a residential community from a commercial development. He said he is very pleased there are changes and revisions to the landscaping ordinance. Commissioner Barbaree said in the future maybe we will not have situations that occur like with Flying J, Cottonwood Corners or West Way in which residents have no buffer at all. He said Ms. Moore talked about when there is a need the government rises up to the challenge. Commissioner Barbaree said for 3½ years the committee did their due diligence. This is people who are in the industry that could possibly be penalized by some of these new changes, but love their city enough to want to make changes where our city will look better. Commissioner Barbaree said pretty is wonderful, but adequate protection is better. He said since he and Commissioner Newsome have served together, they have put in abatement ordinances to get rid of overgrown lots. The police and planning departments work hand in hand on code enforcement. Commissioner Barbaree said all of these are measures to protect a person’s interest and property. He said one benefit about serving on this Commission is the fact that we cannot hide behind staff. Citizens see us in grocery stores, churches, shopping developments or they let us know how they feel at the ballpark about issues. He said the Commission did not take this issue lightly when it came to these landscape changes and revisions. He said he is pleased to vote in favor of this today. Commissioner Newsome said he has sat on this Commission longer than anyone sitting at this table. He said he has also sat on the Planning Commission, Abatement Board and the Board of Zoning. Commissioner Newsome said this was prior to the nearly 9 years he served on this Commission. He said he served 4 years on the Commission of a sister city. Commissioner Newsome said he has spent over 15 years looking and listening when people come to cities and towns and want to invest. He said having this ordinance with opportunities for modifications, minor or major, offers the best that we can offer for our citizens. Minutes of the Board of Commissioners – May 15, 2012, continued. Commissioner Baxley expressed appreciation to Mr. Harris and the rest of the Planning Commission for coming up with this and also to Mr. McDonald and his staff for their work on it also. He said some of the comments made by the public and others regarding intrusiveness of government, etc., he does not believe that is what this ordinance is designed to do. He said we all bring our own experiences up here with us on the Commission. Commissioner Baxley said a lot of his has been dealing with disputes between people. He said one of the main disputes he has seen over the years comes from lack of clarity with things related to government and disputes between neighboring residents. He said he feels the Planning Commission has come up with some reasonable regulations. The vast majority of people already live within these rules. He said these are designed to keep those who decide they don’t want to live within the certain bounds of reason; to bring them into some sort of compliance. Mayor Schmitz said if Commissioner Kirkland was here he would tell you, talking about citizens leading this, the number one complaint he has gotten and a number of us has gotten is when the residential areas feel they were not protected from a developer. He said the ones that put this together are all local folks. The goal here is clarity and support so that the residential areas have better protection. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of six “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2012-120 (recorded in Ordinance Book No._______at Page_______), consenting to transfer control of the Knology, Inc. cable television franchise agreement to WideOpen West Finance, LLC. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Reading. Commissioner Barbaree asked when he calls Knology if someone is still going to answer the phone. Mr. West said yes. He said the current staff is going to stay in place. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-121 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Simple Systems, Inc. for risk and safety management software to be utilized by the General Services Department and the Personnel Department at a cost of $13,895.00 for the first year and an annual maintenance cost of $900.00 per year thereafter. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading. Commissioner Newsome said in Section 6 “limitations and liability” he was concerned about the social security number being open. Mr. West said under federal law they are required to keep that. He said we do not put social security numbers on anything anymore. Commissioner Newsome asked if we will have control of that social security number. Mr. West said yes; it will be stored on our system. They will install their software, but will not have access to the software. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-122 (recorded in Ordinance Book No._______at Page_______), entering into a Solid Waste Disposal Agreement with the Town of Gordon to accept for disposal of waste generated within the jurisdictional limits of the Town of Gordon at a cost of $28.75 per ton for a two year period. Commissioner Reading moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-123 (recorded in Ordinance Book No._______at Page_______), entering into a Solid Waste Disposal Agreement with the Town of Columbia to accept for disposal of waste generated within the jurisdictional limits of the Town of Columbia at a cost of $28.75 per ton for a two year period. Commissioner Reading moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-124 (recorded in Ordinance Book No._______at Page_______), entering into a Solid Waste Disposal Agreement with the City of Ashford to accept for disposal of waste generated within the jurisdictional limits of the City of Ashford at a cost of $28.75 per ton for a two year period. Commissioner Reading moved for adoption, motion seconded by Commissioner Snellgrove. Commissioner Newsome said should we go to another Minutes of the Board of Commissioners – May 15, 2012, continued. source for our landfill will this give us an advantage. Mr. West said the two year period is a little less than the amount of time we have left on our landfill. If we go somewhere else we would notify them that we could no longer take their waste as of a certain day. Commissioner Newsome asked if we would have any leeway in encouraging those to continue with us or go with us in the direction we may go with our next landfill. Mr. West said yes. These three towns are going to do whatever the County does. He said he and Chairman Culver pounded this agreement out over several weeks. Mr. West said it is his desire should we decide to move somewhere else and build a transfer station that they be a part of that with us. Mayor Schmitz said the more solid waste we have the better efficiency and the better cost that we can receive. He said we are grateful for the County and towns doing business with us. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-125 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2012-57 and 2012-92 and turning the costs over to the County Tax Collector so that the amount can be added to the next regular bills for taxes levied against the respective lots and parcels of land. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-126 (recorded in Ordinance Book No._______at Page_______), agreeing to allow the Fire Department to issue a fireworks permit for the Dothan Country Club Independence Day Celebration Fireworks Display to be held on Wednesday, July 4, 2012. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-127 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Housing Authority of the City of Dothan to continue the Public Housing Drug Elimination Program by providing eight police officers for assignment at the public housing developments for a period of one year at an estimated cost of $526,807.26 with $175,000.00 being reimbursed to the City. Commissioner Newsome moved for adoption, motion seconded by Commissioner Reading. Commissioner Reading asked Chief Benton if these will be the officers on the bicycles. Chief Benton said there will be some bicycles ridden in those areas. He said hopefully, we will have at least 4 officers on every squad that will have bicycles. Commissioner Newsome said in the last 8 years the cost to the City for this program has doubled. He said in the 8 years the cost to the Housing has remained the same. Mr. West said this is a pass through from the federal government and this is all of it. We either take the $175,000 and help offset the cost or not take it and still have to use the resources. Mr. West said they get a bargain for the $175,000. Commissioner Newsome said somewhere we are going to have to do some thinking. Chief Benton said we would have to have those officers there anyway. He said no matter what the cost we are still saving $175,000 by entering into this agreement. Commissioner Newsome said having them there is debatable. He said he is familiar with the drug situation. Commissioner Newsome said two of the stations are in his district, the one in McRae and Martin Homes. He said we cannot continue on a path of doubling the cost for our lifetime. Commissioner Newsome said we may have to make some adjustments particularly if finances are not suitable to maintain doubling every 8 years. Mr. West said this would be an excellent topic the next time you meet with your Senators and US Congresswoman. Commissioner Newsome said this comes at the heart of earmarks. He said there are a lot of people who are familiar with earmarks in that there is a moratorium on earmarks. He said that has hurt us when we start talking about the I-10 Connector, etc. Commissioner Newsome said this could get into some of the earmarks for Ft. Rucker, one of our greatest partners, that earmarks are no longer available and we will find an impact on it. He said this is a very good item to bring up, but we recognize some of the constraints that are left here. There being no further discussion the resolution was unanimously adopted. Minutes of the Board of Commissioners – May 15, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-128 (recorded in Ordinance Book No._______at Page_______), submitting a signed Certification Statement to the Department of Homeland Security to protect sensitive information gathered by the DHS during the Site Assistance Visit. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-129 (recorded in Ordinance Book No._______at Page_______), submitting the 2011 Municipal Water Pollution Prevention Annual Reports for the City’s three wastewater treatment plants to the Alabama Department of Environmental Management. Commissioner Reading moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-130 (recorded in Ordinance Book No._______at Page_______), approving the payment of invoices for the month of April, 2012 in the amount of $9,207,356.98. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-131 (recorded in Ordinance Book No._______at Page_______), reappointing Wes Grant as a member of the Historical Preservation Commission. Commissioner Baxley moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-132 (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 Automotive, Trucks, and Tractor and Equipment Company $ 4,770.02 Equipment Filters Dothan, AL One (1) or more Compact Bobcat of The Wiregrass $62,233.00 Track Loader Dothan, AL Other Purchases: Professional Services-Matter-001 Baker Donelson Bearman, $ 7,890.86 Professional Services-Matter-002 Caldwell & Berkowitz Atlanta, GA Note: The purchasing threshold of $15,000.00 for professional services Has been exceeded and requires City Commission approval Address Certification Software and Pitney Bowes $17,496.00 Service for Postage Discounts Montgomery, AL State Contract #T311-4010832 Civic Center Security System CooperCraft Communications $34,756.92 (sole source vendor) Tifton, GA Commissioner Snellgrove then moved for adoption of Resolution No. 2012-132, motion seconded by Commissioner Barbaree. Commissioner Reading asked if Darryl Mathews is still filling both duties as EEO and Purchasing Agent. Mr. West said yes, but we are finalizing that right now. Commissioner Reading then asked when that would be completed. Mr. West said within the next 2 weeks. Commissioner Newsome inquired about the Professional Services listed. Mr. West said that is the EPA issue. Commissioner Newsome asked when that would come to a close. Mr. West said we are hoping any day now. Mayor Schmitz said we have some communication going on and hope to resolve this in the near future. Commissioner Reading asked if we are going to hire someone to fill the Purchasing Agent position. Mr. West said yes. Commissioner Barbaree asked what the schedule is on the Public Information Officer. Mr. West said he is working on the job description right now and should Minutes of the Board of Commissioners – May 15, 2012, continued. advertise within 30 to 45 days. There being no further discussion the resolution was unanimously carried. Mayor Schmitz introduced Resolution No. 2012-133 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Charles Metzger 40th Annual Meeting of Alabama $ 798.50 Section ITE Gulf Shores, AL Danny Appling Alabama Association of Fire Chiefs $ 1052.57 Annual Conference Perdido Beach Resort Orange Beach, AL Jack Wood Trench Rescue Technician Class- $ 3240.00 Blake Johnson Alabama Fire College Justin Whiddon Tuscaloosa, AL Clay Fortson Larry Williams, Jr. Fire-Rescue International (FRI) $ 2008.32 2012 Conference Denver, CO Kyle McDaniel Structural Collapse Rescue Class- $ 2142.65 Alabama Fire College Tuscaloosa, AL Greg Benton 2012 Alabama Association of Chiefs $ 1204.58 Police Summer Conference Gulf Shores, AL Matt Barefield 2012 State Track Meet $ 1855.50 Jerry Moore Anniston, AL Stephanie Wingfield Tony Thorne Keith Cooper Clark Allums Human Trafficking $ 130.00 John Crawford Troy, AL Commissioner Barbaree then moved for adoption of Resolution No. 2012-133, motion seconded by Commissioner Snellgrove and unanimously carried. Commissioner Barbaree moved for acceptance of an easement from A.J. and Emily Hearn for a storm drain pipe in Grove Park Subdivision, motion seconded by Commissioner Snellgrove and unanimously approved. There being no further business, Commissioner Barbaree moved that the meeting be adjourned, motion seconded by Commissioner Snellgrove 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 – May 15, 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