City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JULY 17, 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, July 17, 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. Brother Jim Pate, Memphis Baptist Church, then led in prayer, afterwhich Commissioner Newsome led in the Pledge of Allegiance to the Flag. Commissioner Reading moved that the Minutes of the Meeting of July 3, 2012, be approved, motion seconded by Commissioner Baxley and unanimously approved. Commissioner Reading said there are two items he is very unhappy with. He said they deal with the IT Department. Commissioner Reading said there is a fellow up there (a pedophile; second conviction) who needs to be fired. City Manager West said he has not been convicted. Commissioner Reading said he has been accused. He said the problem he is bringing up, the department head has gone around using the “N” word. Commissioner Reading said we have a regulation that states if you are going to be a department head you will live within the city limits of Dothan. He said in this particular case, the individual has been allowed three years to move inside the city limits of Dothan. Commissioner Reading said this is not fair to our other department heads. He said he has been given an additional 90 days to move within the city limits of Dothan; he is not going to do it. Commissioner Reading said his 90 day period comes up at the end of August. He said he is going to tell us where to go and retire. Commissioner Reading said he needs to go right now. He said we have grounds to fire, not only that employee, but him. Commissioner Reading said he finds it very disturbing when he reads his Sunday morning paper and finds out we have an inmate in the Dothan city jail who commits suicide. He said that was the first he heard of it and it happened Friday. Commissioner Reading said he represents approximately 10,000 voters in District 1. He said the line of communication has failed. Commissioner Reading said the very first thing that happened to Jerry Sandusky after the judge sentenced him; they put him on a suicide watch. Commissioner Reading said he did not know what happened to this young man, but he had time to tie knots in a sheet. He said this is unacceptable from where he sits. Commissioner Newsome asked City Manager West to set up a meeting between him, the City Manager and the District 1 Commissioner. Commissioner Snellgrove asked everyone to keep the Saliba family in their prayers and thoughts in the next weeks. He said Mr. Saliba did an outstanding job as Mayor. Commissioner Snellgrove welcomed Mr. Steve Roy, Chairman of the Library Board, other members of the Library Board and those present in support of the new libraries. Commissioner Barbaree said he is glad to the see the fence has been moved at Westgate. Commissioner Barbaree said he would like an update at the next commission meeting on what our plan is for the old Air Guard Armory, the vacant space close to Northcutt football field. Also, the plan for the batting cage located next to Water World. Minutes of the Board of Commissioners – July 17, 2012, continued. Commissioner Barbaree said he also had to read in the paper about the suicide of the inmate and about the closing of Water World last week. He said he would like that information in advance because he gets blindsided when someone asks him about these things. Mayor Schmitz introduced Antany Hollinger, a senior at Ashford High School. Antany is shadowing the Mayor today. At this time, Barney Fullinger of Barge, Waggoner, Sumner and Cannon, presented a PowerPoint presentation on the Beaver Creek Wastewater Treatment Plant Decommissioning. City Manager West announced that there will be two meetings regarding the Northwest Neighborhood Study, one on July 24th at 6:00 p.m. at Girard Middle School and the second one on July 26th at 6:00 p.m. at the Hawk-Houston Boys and Girls Club. City Manager West stated that the Doug Tew Recreation Center pool is still closed due to a pump going out. City Manager West announced that the City has two teams still in the state tournaments, the Dothan Darlings and the Dothan American Ozone team. Mayor Schmitz introduced the application of James D. Freeman, Jr. for a Retail Beer and Table Wine License for ShurValu Foods, located at 1060 West Main Street, Suite 1. Commissioner Kirkland moved for approval, motion seconded by Commissioner Newsome and unanimously carried. Mayor Schmitz introduced the application of Christine McVay for a Lounge Retail Liquor License, Class 1 for McLeod’s Publick House, located at 5630 West Main Street, Suite 8. Commissioner Kirkland moved for approval, motion seconded by Commissioner Reading and unanimously carried. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. He stated that one appeal has been submitted by Harold Miller regarding 2604 Thorndale Place. Mr. Miller is requesting an additional month to clean up the property. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2012-170 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Sonya L. Money located at 725 E. Wayne Road from H-I District to A-C District. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2012-170, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced a proposed ordinance, rezoning property of various property owners located south of Vulcan Way between Webb Road & Kinsey Road from R-2 District to L-I District. 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, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” Newsome. The motion was carried by the majority of six “yeas” to one “nay.” Without unanimous consent for immediate consideration, the proposed ordinance will be placed on the next commission agenda for approval. Minutes of the Board of Commissioners – July 17, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-171 (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 Snellgrove moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Barbaree asked for an update on the property at 137 Woodleigh Drive. Planning and Zoning Director Todd McDonald said this property is scheduled to go before the Abatement Board this Thursday. He said we have tried to contact them in California and their mail has come back. Mr. McDonald said what we will probably do in this case is work with legal to see if we can find a resolution to this problem without tearing the house down. Commissioner Barbaree asked how we would try to save the house. Mr. McDonald said we will have to make sure they understand what the consequences are. City Attorney Len White said they are ignoring us at their own risk, as far as jeopardizing their collateral on that lot. He said we do not have jurisdiction over California in order to enforce anything on them, however, we can enforce it on the property and we will do so and if they choose to protect their assets, then they are welcome to do so. Commissioner Barbaree said in most of these abatement cases, the public suffers. He said he would talk with the City Manager. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-172 (recorded in Ordinance Book No._______at Page_______), executing the Administrative Order on Consent for the City’s Wastewater System. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading. Adam Sowatzka, Attorney for Baker Donelson in Atlanta, Georgia and representing the City of Dothan in the lawsuit with the Environmental Protection Agency, presented a PowerPoint presentation including background history and efforts that Dothan has made over the last two years or more to return to compliance and address EPA’s concerns. He said the work is not done here today with signing the Order, but the requirements are fair and reasonable in things that we needed to have been doing anyway. Mr. Sowatzka said we are in very good condition to comply with the initial requirements of the Order. He said if this is signed today, we will have about 60 days before it is effective and then we will be on our way to implementing the Order over the next five years or so. Mr. Sowatzka acknowledged EPA and ADMEM’s cooperativeness in this. He said anytime you have an adversary process like a negotiation, it is very helpful to have people on the other side that are willing to work with you and they certainly were in this case. Mr. Sowatzka said he appreciated the opportunity to work with this Commission and help Dothan through this process. Mayor Schmitz said Mr. Sowatzka’s experience, wisdom and relationship with EPA really helped the City of Dothan. Mayor Schmitz said this law suit started in 2008 and when Mike West came to the City he started working on this. He realized we had a problem and he started working on it. The staff has done incredible work. Former Mayor Pat Thomas and the previous administration did what was right; they voted to take on a bond and started moving this process forward. If they had not taken those steps, we would have been in deep trouble. Mayor Schmitz said he is grateful to the past leadership and the continued leadership of this elected body and the City Manager. He said today is a good day in the City of Dothan. For us to resolve this, knowing the city is far better off today than we were and to know the future, we will continue being diligent on this. Mayor Schmitz expressed appreciation to Mr. Sowatzka for his great work. On behalf of the Commission, Commissioner Barbaree expressed appreciation to Mayor Schmitz for the many hours he has spent on this. Also, to City Manager West, staff members, former Mayor Pat Thomas, Representative Paul Lee and former Commissioner Phillip Tidwell who are here today as well as former Commissioner Jason Rudd who he talked with this morning. Commissioner Newsome said when he and Jason Rudd went to Johnson, Tennessee to speak with our city manager we did not tell him what we had in store. He said we did sit out in the car in front of City Hall and talk a lot. Commissioner Newsome said this was one of the projects that we knew had to be taken care of. Commissioner Newsome told Mr. West that we are glad he came, got that taken care of and are proud of where we are now. Commissioner Newsome said there is a lot of work to be done as we proceed. Commissioner Minutes of the Board of Commissioners – July 17, 2012, continued. Newsome expressed appreciation to Mr. West and Mayor Schmitz for the efforts they have made. He said if the buck stops on your table it gets your attention and it does not leave at 5:00 in the evening. He said the Mayor and Commissioners have been sleeping with this and agreed that this is a good day for Dothan. He also expressed appreciation to our attorney from Atlanta and the staff for their efforts. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-173 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with CDG Engineers and Associates, Inc. for professional consulting services for the 2011 Rock Creek Trunk Line Rehabilitation Project for an amount not to exceed $224,500.00 and appropriating funds for said services. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-174 (recorded in Ordinance Book No._______at Page_______), authorizing the filing of an application with the Alabama Department of Transportation for funding assistance from the Alabama Transportation Rehabilitation and Improvement Program for the purpose of resurfacing Range Street from U.S. Highway 84 to Spring Street. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mr. West said this is an 80/20 grant so we will have to do 20% of it. We have funds set aside to take care of that. Mayor Schmitz introduced Resolution No. 2012-175 (recorded in Ordinance Book No._______at Page_______), agreeing to contribute $2,500,000.00 to the Houston-Love Memorial Library Board over a four year period specifically for the construction and furnishing of the new main library at West Burdeshaw and North Oates and a branch library within Westgate Park. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree. Steve Roy, Chairman of the Library Board expressed appreciation to everyone present on behalf of the library. He said the community has raised over $1million of personal contributions toward the construction of the two new libraries. Mr. Roy said the Wiregrass Foundation is pitching in, along with the City and hopefully the County later this week. He said by last count, over 1,000 people have contributed cash to this campaign in one form or other. Mr. Roy said their campaign is not over; they have goals well beyond the construction of the building in terms of putting funds aside for future generations of folks to use within operations of the library. He expressed appreciation to the Mayor, Commission and everyone involved for their help. Mayor Schmitz said, with the Wiregrass Foundation, we have raised over $4 million. Commissioner Reading said this is just the beginning. He said a library reflects so much on the type of community that we live in. Commissioner Reading said the daily and yearly operation of the library; we have got to come up with more money. He said this is something we will have to address down the road. Commissioner Reading said he hopes the County will kick in and help meet this challenge. Commissioner Newsome said we are proud of how far we have come, but there is still a concern of having the financial where-with-all. He said Commissioner Reading touched on that. He said the Chairman of the Houston County Commission is concerned with that. Commissioner Newsome said those who have kicked in with private donations are concerned with that. He said when he and Commissioner Rudd drove through the City of Johnson, Tennessee and viewed their beautiful library they talked about that. He said this was one of the main conversations they had with the City Manager; is that they wanted a library. Commissioner Newsome said he sat here with Mayor Chester Sowell and they were concerned about a library. He said he sat here with Mayor Pat Thomas and they were concerned about a library. He said we looked at several locations for the library. We settled with replacing the old library with a new, modern library. Commissioner Newsome said somewhere along the line some felt we needed help. He said he did not think we should allow ourselves to be high jacked in the middle of trying to get a library. Commissioner Newsome said his concern is if we cannot have one library as we have not had in his history in the City of Dothan, it is going to be even more difficult to get two libraries. He said he expressed these Minutes of the Board of Commissioners – July 17, 2012, continued. concerns to the Library Board at length. Commissioner Newsome said the young man who is shadowing the Mayor today and attends Ashford High School, which is the school he talked about with Ms. Forbes that had no library. He said he is very concerned that we are undertaking two new libraries when we have not been able to have one library. Commissioner Newsome said if we want to get across the divide and we are unable to build one bridge then if we build a bridge on each side of the divide we have no crossing still. He said he is very concerned with that. Not only as we are entering, but as we proceed down the road. Commissioner Newsome said his feeling here is not new with the Library Board and their committee. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Barbaree and Baxley; “nay:” Newsome. The motion was carried by the majority of six "yeas" to one “nay.” At this time, Mayor Schmitz announced a Public Hearing for anyone wishing to speak on the next item. There being no one present to speak. Mayor Schmitz announced the Public Hearing closed. Mayor Schmitz introduced Resolution No. 2012-176 (recorded in Ordinance Book No._______at Page_______), reprogramming $238,952.47 of CDBG Entitlement Funds from unused administrative funds in FY 2004, FY 2006, FY 2007 and FY 2008 to the Wilson Street Drainage Project identified in the FY 2010 Annual Action Plan. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-177 (recorded in Ordinance Book No._______at Page_______), approving the Community Development Block Grant 2012 Third Year Annual Action Plan. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-178 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of June, 2012 in the amount of $12,544,218.01. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-179 (recorded in Ordinance Book No._______at Page_______), appointing Scott Applefield as a member of the Industrial Development Board. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-180 (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 Citywide Pagers USA Mobility Wiregrass, Inc. $5.75 per month/ Springfield, VA per pager 2010 Wilson Street Hanson Pipe & Precast $146,835.00 Drainage Project Dothan, AL Alternate 1 (CDBG reprogrammed funds) 18 Gallon Rectangular Busch Systems International $30,940.00 Recycle Containers Barrie, ONT Thirty (30) or more KVA Mayer Electric Supply $672.00 ea. Overhead Transformers Dothan, AL Five (5) or more 75KVA Gresco/Capstone Utility Supply $1,744.00 ea. Overhead Transformers Dothan, AL Other Purchases: Annual Cellular Phone and Verizon Wireless $37,000.00 Air Card Service Dothan, AL Minutes of the Board of Commissioners – July 17, 2012, continued. Commissioner Reading then moved for adoption of Resolution No. 2012-180, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-181 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Deanna Watford GFOAA Summer Conference $ 648.00 Orange Beach, AL Kimberly Arnold CGAT Program - Accounts Payable $ 340.00 Tuscaloosa, AL Trampas Gougler Governor’s Safety and Health Conference $ 1010.00 Orange Beach, AL Eddie Henderson GPAC Meeting $ 178.39 Forsyth, GA Ronald Hall Five Stages of Successful Interview $ 1072.00 Michael Woodside Techniques Columbiana, AL Tripp Phares Advanced Street Gang Investigations $ 320.00 Michael Woodside Meridian, MS Robert Cole Cold Case Seminar $ 680.80 Derek Wieczorek Gulfport, MS th Reyna Johnson 13 National Conference on Child Sexual $ 1422.00 Glen Ketchum Abuse and Exploitation Prevention New Orleans, LA Jonathan Wood Dixie Boys State Baseball Tournament $ 5379.00 David Butterfield Piedmont, AL Michael Woodside Interview and Interrogations for Street $ 2345.00 Tripp Phares Gang and Drug Enforcement Officers Jacksonville, FL Commissioner Reading then moved for adoption of Resolution No. 2012-181, motion seconded by Commissioner Kirkland and unanimously carried. Valerie Harris, Internal Analyst for the City of Dothan announced that there will be an Economic Summit on Jobs, sponsored by the Dothan Area Chamber of Commerce and Houston County held on September 19th at the Dothan Civic Center. A free Seminar sponsored by the Entrepreneurship Group “Overcoming Obstacles while Enjoying Business Success” will be held at the Mixon Business Center on July 26th. Two free sessions on customer service “The Dothan Standard” will be hosted by the Workforce Development Group at the Dothan Opera House on August 2nd. More information is available for these events at www.economicsummitonjobs.com. There being no further business, Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Newsome 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 – July 17, 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