City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JUNE 5, 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, June 5, 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, Administrative Assistant Tammy Danner, who recorded the Minutes of the Meeting, and the local news media representatives. City Clerk Pam McCoy was absent. Mayor Schmitz called the meeting to order. Delvick McKay, Personnel Director for the City of Dothan, then led in prayer, afterwhich Commissioner Barbaree led in the Pledge of Allegiance to the Flag. Mayor Schmitz introduced Carson Kirkland, grandson of Commissioner Albert Kirkland. Commissioner Reading moved that the Minutes of the Meeting of May 15, 2012, be approved, motion seconded by Commissioner Baxley and unanimously approved. Commissioner Kirkland said he is glad to have his grandson visiting with him today. Commissioner Kirkland expressed appreciation to the people who pray for the Commission on a regular basis. Commissioner Snellgrove welcomed Mike Manuel, Chief Financial Officer, Dothan City Schools, to the meeting. He also expressed appreciation to the school systems for the graduating ceremonies last Saturday morning; both schools did an outstanding job. Commissioner Barbaree asked if there is any way we can be more forceful with the curfew. He said it is summer time and there are a lot of teenagers out at night. There have been instances in Grove Park where cars and stop signs have been spray painted. Commissioner Barbaree said it is not just in Grove Park, it is in all of our neighborhoods. City Manager West said he would meet with Major Parrish. Commissioner Baxley said he attended the Dothan City School Board meeting last night. He said this year, between “Yes We Can” and efforts by the school board, he has never seen such a positive momentum for the schools. Commissioner Baxley said the magnet schools have been the biggest pull to bring people back into the school system. He encouraged the school system to look at different things to add some classes at the elementary level where you have a lot of people on the waiting list. Commissioner Baxley said people are choosing between magnet and private. He said these people want to be in a public school system right now and we need to do whatever it takes to get them into the public school system. If they meet the minimum requirements for magnet schools we need to get them in there. He said we need to make sure that program works because when we do that you are going to see an absolute influx of people into the public school system that you have never seen before. Commissioner Baxley said he will do everything he can to help the public schools in this community. Commissioner Baxley asked City Manager West to make sure someone from the Zoning Office goes over to check on the Magnolia Preserve area. He said he got called out a couple of times yesterday about the development; people trying to enter through the neighborhood that was not suppose to. Commissioner Baxley said there is suppose to be a fence already up out there to block the development from the neighborhood. He said he has spent too many days and hours on this project and has bent over backwards to help both sides of it. Commissioner Baxley Minutes of the Board of Commissioners – June 5, 2012, continued. said we need to make sure everyone is kept to their word on that. We need to have someone out there spot checking to make sure it is done the right way. Mr. West said he will follow up on that. Commissioner Newsome said all of us are aware that one of the top items on the legislative agenda was to do something about charter schools. He said nothing ever came out of that. Commissioner Newsome said he was not sure that charter schools are the right way to go. If you have good public schools you can get where you need to be and you can insure that your kids are where they ought to be when they graduate. Commissioner Newsome said he believes in public education. He said he did not think there is a necessity for charter schools in order to insure that people get a good education. Commissioner Newsome said West Florida High School in Pensacola held their graduation ceremony yesterday in the Pensacola Civic Center. He said there were several tracts that high school students could tract along while they were still in high school. Commissioner Newsome said some of the tracts appeared to lead to technical education, arts and sciences and in several different areas. He said it was interesting to know that early on kids have an opportunity to decide what direction they want to go. He said several years ago we looked at a high school academy and it never got off the ground. Commissioner Newsome said there are a lot of good ways to improve public education. It is an opportunity we have to insure that our kids and grandkids get a good public education. Mayor Schmitz said the ceremony at Sunset Memorial Park held on Memorial Day by Robert and Toni Byrd was an incredible ceremony. He said it is important that we remember that day and the sacrifice that our young men and women make. Mayor Schmitz said he is so proud to live in a community that honors these soldiers; and this Commission who showed up and honored the ceremony. Kim Meeker, Dothan Leisure Services announced that Dothan received the bid for the 2013-2014 USTA Senior/Super Senior Combo Doubles Tennis Championship. He also announced that Dothan has received the bid again for the USTA State Mixed Doubles for 2012-2013. City Manager West stated that we are in the process of updating the City’s website and making it more user friendly. City Manager West announced that Water World is now open daily. We had 1800 people last Saturday. He also reminded everyone of the watering restrictions that is in place. Commissioner Reading invited everyone to come out and enjoy the Golf Tournament at Ft. Rucker on June 16th, which will help fund scholarships. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. He said one objection has been received. He then read it aloud: “We object to the threat of declaring the vegetation on 1408 Headland Avenue as a public nuisance and issuing liens or fines as a result of such a declaration. Mr. Larry C. Martin originally acquired the property, partially cleared it to prepare for building a site for a new tenant, but subsequently changed priorities such that the new tenant remained at his current site. Since then, it has been Mr. Martin’s intention to let the property return to its natural state of vegetation. We are not aware of any codes that prevent us from allowing the property to return to its natural state and, in fact, there is a large tract of land directly across the road on Headland Avenue that has its natural vegetation undisturbed and not maintained. We request that this email be considered our objection that is filed with the City Clerk and that you remove consideration of this property from your agenda for the Board of Commissioner’s meeting on June 5, 2012. Further, we are requesting a response as to why this property is being singled out to be maintained when nearby properties are not. As we are located in Rome, Georgia, it would be difficult for us Minutes of the Board of Commissioners – June 5, 2012, continued. to either attend the June 5th meeting or view the resolution on file in your office.” Planning Director Todd McDonald stated that the parcel number is correct. The only difference between what she cited and what was in the legal is the county number; the number (38) precedes the number that she looked up on line. Mr. McDonald said the weed ordinance states that if the property has ever been developed in any manner it is subject to the ordinance; that would mean clearing and she admits in her letter that her owner had cleared the property. Mr. McDonald said the property across the street has not been cleared. He said it is in its natural vegetative state. If they had left this alone it would not be subject to the weed ordinance. Commissioner Newsome asked if Mr. Larry Martin or anyone representing this property was in the audience. No one was present. Mr. McDonald said he responded to the letter. He said he believes it is subject to the weed ordinance. There being no one else present to speak and no further discussion, Mayor Schmitz announced the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2012-134 (recorded in Ordinance Book No. _______at Page_______), entering into a Ground Lease Agreement with the Dothan Area Convention and Visitors Bureau for the lease of property at 3311 Ross Clark Circle for a period of ten years. 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. 2012-134, motion seconded by Commissioner Baxley. Commissioner Newsome said he read the lease and we give the lessee more authority than the lessor has. He said that is not generally the way leases are drawn up. Commissioner Newsome said it states that the lessee may extend the lease. He said his general understanding of whether or not a lease is extended would depend on what the lessor decides to do. Commissioner Newsome said we have given the lessee 10 years with 2 or 3 other 10 year extensions. He said the lessee is the one who is making the decision on that. Commissioner Newsome said this is not a simple lease. It is a complicated lease. He said the lease also stated that the lessee shall have the right to use the leased land for any lawful purposes. It also states that the lease property has been leased and hired for development. Commissioner Newsome said it then turns around and gives the lessee the right to build almost anything else on there, which may be legal or not. He said it is a mixed bag on this lease and he wanted to point that out. Mr. West said this is the existing lease. This is the Convention and Visitor’s Bureau. They built the building on City property at Choctaw and the Ross Clark Circle and this is the existing lease. Mr. West said this is the same lease that the City gave them 20 years ago. Commissioner Newsome said he was not here 20 years ago. He said he is sure the City Attorney looked at this lease and recognized that the City can find itself in some positions that it would not want to be in should the lessee be dishonest or have some problems with some of the construction people or some of the people they deal with. He said that is something you can recognize in this lease. Mr. West said you have the ultimate control there because you control the money they get. Commissioner Newsome said that is correct, however, for a mechanic, he does not control the mechanic and the mechanic can have a mechanic lien against this property if he comes out and does work and the lessee fails to live up to an agreement that he made with the mechanic and we had nothing, as the City, to do with it. Commissioner Newsome said we know who our lessee is and here again is where you have trust, confidence and faith in the person that you are working with and you feel they won’t do any harm. He said we as a city can be done harm should we offer this kind of paper to a dishonest lessee. Commissioner Newsome said since this is a renewal we will renew it. Mayor Schmitz said he is proud that Bob Hendrix and Dothan Area Convention and Visitors Bureau want to re-lease the property. There being no further discussion 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.” Minutes of the Board of Commissioners – June 5, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-135 (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 Baxley. Commissioner Barbaree said 137 Woodleigh Drive is not on the list. He said it was approved for abatement about 2 meetings ago. He said the City is doing the right thing. Unfortunately, matters pertaining to abatement do not move as fast as we would like for them to sometime. Commissioner Barbaree said in the case of 137 Woodleigh Drive the door has been left open, the ceiling has caved in; someone has gone in and stripped all of the copper wiring and electrical conduit out of the house. He said he went by yesterday and cats around the door went into the house. He said our time line for demolition will be sometime in July. Mr. West said it will go before the Housing Abatement Board in July and then will be bid out. Mr. McDonald said we will have to advertise and it will be another 60 to 90 days before it comes back for demolition. Commissioner Barbaree asked if we could put a sign in the yard. Mr. West said once we advertise we put a sign in the yard. Commissioner Barbaree asked what could be done in the mean time. He said there were kids trying to go inside 2 or 3 days ago. City Attorney Len White said he would check to see what we could do. Commissioner Barbaree said in this case the mortgage company is not responding to our letters. He said they are in California, but he has no phone number for them. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-136 (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 calling for a public hearing to be held on the matter during the regularly scheduled commission meeting on July 17, 2012. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley. Commissioner Newsome asked if Lace Drive is development property. Mr. West said it is a subdivision that has not been maintained. There being no further discussion the resolution was unanimously adopted. At this time, Mayor Schmitz announced a Public Hearing for anyone wishing to speak on the next item. Ms. Alta Newman, Hawk-Houston Boys Club expressed appreciation to the Commission, Todd McDonald, the CDBG Advisory Board and Maurice Head for continuing to support their project, Goals for Graduation. She said they have had a very good year with it. She said the van has come in handy this summer and they hope to fully implement it by the fall of this year. There being no one else present to speak. Mayor Schmitz announced the Public Hearing closed. Mayor Schmitz introduced Resolution No. 2012-137 (recorded in Ordinance Book No._______at Page_______), approving the 2012 Community Development Block Grant Projects. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley. Commissioner Reading said he wished there was some way the committee could increase the funding for Hawk-Houston Boys Club. He said they do a tremendous job over there. He said there is a utopian type dream of Ms. Newman and himself to use the van to transport kids to the technical college in Ozark and Enterprise. Commissioner Reading said you have to have funding. He said they are working on that. He then asked Mr. Laurie if he could convince the board members to increase the funding for this organization. Commissioner Newsome said what we are voting on today is the allocation of monies for each of these projects. Each allocation will be made separately should we get the money. Mayor Schmitz said that is correct. Commissioner Newsome said there are a couple of allocations on here that he was not sure he was going to support. He said when they are individualized and should we get the money then he will have an opportunity to explain exactly why. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-138 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Fire Minutes of the Board of Commissioners – June 5, 2012, continued. College and Personnel Standards Commission for the Dothan Fire Department to be a designated Regional Training Center for the State of Alabama. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-139 (recorded in Ordinance Book No._______at Page_______), submitting a Pre-Application Form to the Alabama Department of Economic and Community Affairs for grant assistance from the Land and Water Conservation Fund to develop a “Passive Park for People with Dogs” at Eastgate Park. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Newsome asked how much this will cost the City. Mr. West said the total budget is $129,000.00 so it will be right at $80,000.00 for the City. Mayor Schmitz said right now we are just voting to get the grant. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-140 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of equipment needed for 3 phase electrical service for a billboard sign at 2712 Ross Clark Circle. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-141 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of equipment needed to upgrade to 3 phase electrical service at 1473 Ross Clark Circle. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-142 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of two four inch conduits for electrical service at 1599 Ross Clark Circle. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-143 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of various tapping tees, valves, water main, etc. in the right of way of U.S. Highway 84 West. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove. Commissioner Barbaree asked what this entails. Mr. West said this is located across from the Boy Scouts on 84 West. He said it is some type of security research company. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-144 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Wiregrass Systems, Inc. for monitoring of the alarm system in the Magistrate Office at an annual cost of $288.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-145 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Ikon Document Efficiency for the purchase and maintenance of a copier/printer/scanner for Dothan Utilities at a purchase price of $12,773.00 and an annual maintenance cost of $692.00. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Baxley. Commissioner Newsome asked if items No. 17 and 18 are the same. Mr. West said yes; we are getting one for Dothan Utilities and one for Engineering upstairs for their large plats, drawings, scanning, etc. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-146 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Ikon Document Efficiency for the purchase and maintenance of a copier/printer/scanner for Engineering Services at a purchase price of $12,773.00 and an annual Minutes of the Board of Commissioners – June 5, 2012, continued. maintenance cost of $692.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-147 (recorded in Ordinance Book No._______at Page_______), establishing a Petty Cash Fund in the amount of $25.00 in the Leisure Services Department to be used at the Wiregrass Park weight room. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-148 (recorded in Ordinance Book No._______at Page_______), appointing Robert Reynolds as a member of the Historic Preservation Commission. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-149 (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 Overhead Transformers Mayer Electric As needed over Dothan, AL an approximate one year period Underground KVA Transformers HD Supply Utilities As needed over Dothan, AL an approximate one year period Stuart C. Irby Company Dothan, AL Mayer Electric Dothan, AL One (1) or more ¾ ton Bondy’s Ford $21,180.51 Ext. Cab Pick-Up Truck Dothan, AL One (1) or more Lowboy Utility Trailer Sales of Alabama $39,736.50 35 Ton Trailer Dothan, AL One (1) or more ¾ ton Bondy’s ford $38,029.94 Reg. Cab Pick-Up Truck Dothan, AL Quantity of 2 Other Purchases: One (1) 2012 Ford F-150 Chuck Stevens Automotive $15,360.00 State Contract T-191 Bay Minette, AL One (1) John Deere 6140D Snead Ag Supply & Sales Services $53,162.22 Cab Tractor with Options Snead, AL State Contract T-222 One (1) 2012 Ford F-150 Chuck Stevens Automotive $18,026.00 With Options-Heavy Bay Minette, AL Payload Package State Contract T-191 Twp (2) 2012 Dodge 1500 Crew Ben Atkinson Motors, Inc. $39,160.00 Cab Tallassee, AL State Contract T-191 One (1) 2012 Ford E150 Cargo Van Stivers Ford Lincoln Mercury $17,719.00 State Contract T-191A Montgomery, AL One (1) 2012 Ford Expedition Ben Atkinson Motors $26,889.00 State Contract T-191 Tallassee, AL Emergency Court-Ordered Cash Carla Woodall, Clerk $390,090.00 Appeal Bond per case number Houston County Circuit Court CV 2005-005044.00 Dothan, AL paid per Ck#1329 for S & S Development Company, LLP Property Insurance for Flowers Insurance Agency $223,371.00 Period June 1, 2012-May 31, 2013 Dothan, AL Minutes of the Board of Commissioners – June 5, 2012, continued. Commissioner Barbaree then moved for adoption of Resolution No. 2012-149, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-150 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Jinri Jiang Coast Aquatics Swim Meet $ 00.00 Panama City, FL th Judy Harris 7 Annual Certified Government $ 241.50 Accounting Technician Conference Montgomery, AL Sheila Garrett Accounting Technician Conference $ 804.50 th Renee’ Jordan 7 Annual Conference Lynn Ash Montgomery, AL Tonja Shelley Certified Governmental Accounting $ 231.50 Technician Program Montgomery, AL th Billy Richardson 2012 67 Annual AWPCA Short $ 396.26 Course Conference Florence, AL Carolyn Vaughan Certified Government Accounting $ 261.50 Technician Continuing Education Conference Montgomery, AL Christopher Etheredge KME Plant- Fire Apparatus $ 00.00 Mark A. Powell Mid-Building Conference Christopher B. Clayton Nesquehoning, PA Randall S. Morris Doug Magill Investigative Strategies for Missing and $ 860.00 Derek Wieczorek Abducted Children Austin, TX James Watson Hazardous Materials Management of $ 00.00 Railcar Emergencies Pueblo, CO Mark Kight Alabama Electric Cities $ 943.00 2012 Annual Meeting Orange Beach, AL Shan Ash Firefighter I/II Certification Training $ 00.00 Eufaula, AL Chad Hammack Basic Narcotics Investigations $ 621.00 Thomas Davis R.C.T.A. Huntsville, AL Rose Evans-Gordon Alabama State Bar Annual Meeting $ 1065.00 Destin, FL Peter M. Markow Northeast Alabama Police Academy $ 669.65 Ft. McClellan, AL Commissioner Reading then moved for adoption of Resolution No. 2012-150, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Baxley moved to approve a request by Bell Supply Company for an additional thirty (30) consecutive calendar-day period to conduct a Going Out of Business Sale, motion seconded by Commissioner Snellgrove and unanimously carried. Minutes of the Board of Commissioners – June 5, 2012, continued. Commissioner Reading moved to approve a damage claim filed by Carl Mitchell in the amount of $20,000.00, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Barbaree stated that he would not be at the June 19th City Commission meeting. 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 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