City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING NOVEMBER 6, 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, November 6, 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 Brent Parker, Selma Baptist Church, then led in prayer, afterwhich Commissioner Snellgrove led in the Pledge of Allegiance to the Flag. Commissioner Reading moved that the Minutes of the Meeting of October 16, 20 12, be approved, motion seconded by Commissioner Barbaree and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming November, 2012 as “Home Care Month” in the City of Dothan. Kay Clemmons, Gentiva Home Health Care was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming November, 2012 as “Hospice Month” in the City of Dothan. Laura Etheridge, Gentiva Hospice was present for the proclamation. Mayor Schmitz presented a Certificate of Recognition to “The Salvation Army” for the service it provides to the needy of our community. Major Alan Phillips was present to receive the certificate. Commissioner Snellgrove presented and read a proclamation, proclaiming November 16-22, 2012 as “Farm-City Week” in the City of Dothan. Willie Durr, Farm-City Week Committee member was present for the proclamation. Commissioner Reading commended Charles Metzger and his staff for the great job they have done with the resurfacing of Headland Avenue. He said the portion he traveled on this morning is very nice! In regard to overgrown lots, Commissioner Reading said he canvassed a majority of the Commissioners and they would like to be able to notify a property owner that they are in violation of code where the property owner is to keep the lot cut to 12 inches; that they have 30 days to comply. Commissioner Reading said between the City Manager, City Attorney Len White, and Todd McDonald we are asking you to show us how to get there. Commissioner Snellgrove invited everyone to come out to the National Peanut Festival this week. He also invited everyone to the Farm City Banquet that will be held November 15th at the Dothan Civic Center beginning at 6:00 p.m. Commissioner Snellgrove encouraged everyone to get out and vote today! He also welcomed Mike Manuel, Chief Financial Officer Dothan City Schools to the meeting. Commissioner Barbaree announced that Veteran’s Day is November 11th. He said we have three veterans who serve on the City Commission and expressed appreciation to them for their service. Commissioner Barbaree also recognized other veterans in the audience. Commissioner Barbaree stated that he will be out of town on November 20th and will not be at the City Commission meeting. Minutes of the Board of Commissioners – November 6, 2012, continued. Commissioner Barbaree said he will be shadowing Brooks Hayes on Thursday as part of the Farm-City Week and he is looking forward to it! Mr. Hayes was present and was recognized by Commissioner Barbaree. Commissioner Barbaree requested an update on the Performing Arts Director position. City Manager West said he has gone through the initial rounds with resumes and has requested additional information, which Delvick gave him last week. He said they are currently going over resumes. Commissioner Barbaree said he has a lot of constituents ask him what we are doing to bring events to town that involve youth. He said we have not had a decent children’s event other than what our local non-profit organizations have had. Commissioner Barbaree said while we appreciate what they do, if we bring the right person in, we will be able to offer more than what we normally do. He said this is one of the things that was brought up at our planning session in January and here it is almost the end of the year. Commissioner Barbaree said we need to fill the position so we can utilize the Civic Center and Opera House. Commissioner Baxley also encouraged everyone to go vote today. He said there were traffic problems at the Library this morning due to construction and called this morning to get that taken care of. He asked that the police department have someone there to direct traffic. Commissioner Baxley reminded the Police and Fire Departments that next Tuesday the local bar association will be holding the “Wills for Heroes Campaign”. Commissioner Baxley said he has read a lot of articles regarding small commissions not getting along. He said there are commissions that cannot get along enough to even elect a chief executive. Commissioner Baxley said there is a city in North Alabama who has had to disband because they are split so evenly that they cannot agree on anything. Commissioner Baxley said that is not what you have among this Board. He said this is a Board that understands each other, has open communications with each other and works well with each other. He said this is something he thinks the public misses out on when they see us jab each other up here on different issues. He said they may disagree on certain issues, but they respect each other and come to some agreement when things come to pass. Commissioner Baxley commended the other Commissioners for working well with each other. Commissioner Newsome added that the City of Dothan is the 7th largest city in the State with almost 70,000 citizens. Mayor Schmitz said Duck Dynasty will be coming to Dothan. Mayor Schmitz said the medical school is in the process of being built. He said the City and County are working together to do work on both Drew and Cowarts Roads. He said at some point the County will transfer Cowarts Road to the City and we will close it. He said there will be a new entrance into the school. Mayor Schmitz asked everyone to beware of the construction going on. Mayor Schmitz announced a Work Session for E-911, which will be held November 13th at 1:30 p.m. in the Commission Chambers. City Manager West stated that the part needed to repair the HVAC system at the Civic Center has come in and will be installed this week. City Manager West announced that on November 8th there will be a Neighborhood Planning Meeting beginning at 6:00 p.m. at the Hawk Houston Boys and Girls Club. City Manager West invited everyone to come out and enjoy the National Peanut Festival Parade this coming Saturday morning. City Manager West announced that the City of Dothan will be closed Monday, November 12th in observance of Veterans’ Day. There will be no garbag e or recycling pickup that day; it will be picked up Wednesday. City Manager West stated that the new Bomb Truck is displayed on Troy Street at this time for those wishing to look at it after the meeting. Minutes of the Board of Commissioners – November 6, 2012, continued. City Manager West said he is setting up a work session for one day next week to discuss plans for the new landfill. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. Mr. John Thomas was present to ask the Commission to do something about the weeds and the dilapidated home at 1309 E. Adams Street, which is located next to property he owns at 1311 E. Adams Street. Mr. Thomas said he killed two snakes this summer and had problems with wasps and bees. Mr. Thomas said he used to own the property at 1309 E. Adams Street, but lost it several years ago through a tax sale. He said he would like to buy the property back for sentimental reasons. Mr. Thomas said they would like to see the house torn down and the property cleaned up. There being no one else present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz announced a Public Hearing regarding the demolition and removal of unsafe structures. Mr. Mike Pearce was present to speak in regard to the property at 1402 Osceola Street. Mr. Pearce said he is here representing the previous and present owners. He said he is a realtor in Dothan and was called to this house about a year ago to list it for sale. Mr. Pearce said an elderly couple was living in the home, which was in deplorable conditions. He said he found the couple an apartment and moved them in and has been able to get volunteers to come in and vacate the property. Mr. Pearce said at least four construction dumpsters full of trash were hauled off from the property. He said he sold this property two weeks ago to a young man who works at Ft. Rucker. Mr. Pearce said the intent was to save the property; it is a beautiful place with beautiful architect design and has been in the owner’s family since 1940. Mr. Pearce said the young man who bought the property has secured a loan somewhere in excess of $100,000.00 to do a complete remodel on the property. Mr. Pearce asked the Commission to bear with this young man as he just bought it two weeks ago. He said many people who get caught in these situations do not understand the workings of government. Mr. Pearce said the older man that owned the property had no idea what the notice meant on his door or how it was suppose to be handled. He contacted the City on many occasions and did not realize that the property was in jeopardy. Mr. West said we normally go ahead and approve the demolition and then as long as they are making progress on the property we would not go forward with the demolition. He said the new owner will need to come in and pull a permit. Mr. Pearce said the young man has put his life’s savings into purchasing the property. He has now been able to secure a loan through a bank and if the bank hears of a condemnation order in effect there is the possibility that the bank may pull the funding for the repairs on this property. Commissioner Barbaree suggested that the City write a memo to the bank. Mr. Pearce said that would be fine. He said we are so close to having this property saved and these families established, it would be an injustice to see anything stop this process. Mr. West said we are not to the point where we are ready to bid these out. He said if we could avoid hiring someone it would benefit the City. Mayor Schmitz said the new owner needs to get a permit and that would show that he is serious about improving it. Mr. West said as long as he has an active permit and is making process then we will not bid the property out to be demolished. Mayor Schmitz said our community wants action taken on properties like this and a lot of folks say they will do something, but never do. Commissioner Barbaree said he has been working to get something done about 137 Woodleigh Drive for over a year. He said there have been rats, snakes, cats, etc. in this house. He said this is what the Mayor is talking about. Mr. Pearce said he understood, but not all circumstances are the same. Mayor Schmitz told Mr. Pearce to have the young man get a permit and do what he said he would do. There being no one else present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2012-287 (recorded in Ordinance Book No. _______at Page_______), Rezoning property owned by Ralph and Peggy Sauls located at 2065 and 2126 Hodgesville Road from A-C 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, 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. 2012-287, motion seconded by Commissioner Reading and upon the motion being put to Minutes of the Board of Commissioners – November 6, 2012, continued. vote, those voting “yea,” were Schmitz, Reading, Newsome, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of s ix “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2012-288 (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 Barbaree moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-289 (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 December 18, 2012. Commissioner Newsome moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-290 (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 2012-211 and 2012-251 and turning the costs over to the County Tax Collector so that the amounts can be added to the next regular bills for taxes levied against the respective lots and parcels of land. Commissioner Newsome moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-291 (recorded in Ordinance Book No._______at Page_______), declaring certain properties as creating a nuisance, constituting a hazard to the public health, safety and convenience of the citizens and authorizing the demolition and removal of said properties. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-292 (recorded in Ordinance Book No._______at Page_______), approving the vacation and annulment of a portion of Conestoga Drive to the use of the public as a street right-of-way. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-293 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with CDG Engineers & Associates for construction engineering and inspection services for the partial planning, resurfacing and traffic striping on Range Street in an amount not-to- exceed $34,480.00 and appropriating funds for said project. Commissioner Reading moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-294 (recorded in Ordinance Book No._______at Page_______), declaring certain property as obsolete and no longer needed for public or municipal purposes and authorizing the disposal of said property by whatever means is determined to be in the best interest of the City. Commissioner Newsome moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-295 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Federal Bureau of Investigation for reimbursement of overtime expenditures related to the Organized Crime Drug Enforcement Task Force in the amount of $9,000.00 and appropriating funds for said agreement. Commissioner Reading moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-296 (recorded in Ordinance Book No._______at Page_______), applying for and accepting a grant award from the Houston County Foundation in the amount of $2,000.00 to purchase tennis equipment to promote fitness for children and adults and appropriating funds for said grant award. Commissioner Snellgrove moved for adoption, motion seconded Minutes of the Board of Commissioners – November 6, 2012, continued. by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-297 (recorded in Ordinance Book No._______at Page_______), appropriating additional funds to satisfy outstanding encumbrances for Fiscal Year ending September 30, 2012. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-298 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Regions Bank for Day Depository Services at no cost to the City. Commissioner Newsome moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-299 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation to replace twenty-two poles with taller poles and upgrade old copper distribution lines to accommodate additional electric load from new construction. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-300 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation for grading and/or landscaping on the right-of-way at the Alabama College of Osteopathic Medicine entrance road on U.S. Highway 84 East and Drew Road. Commissioner Reading moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-301 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Xerox Corporation for the lease and maintenance of a copier for the Judicial Department for a three- year period at a cost of $143.09. Commissioner Reading moved for adoption, motion seconded by Commissioner Newsome. Commissioner Baxley asked for a status update on getting a blanket cost on copiers. Mr. West said Angela and her staff are putting together a list of when everything comes due so we will be able to do something different in the future. He said we have checked on some of them and, for example, these would have been about a 20% increase in monthly cost if we wanted to go on a month to month basis until we did that. Commissioner Baxley asked if it is smart to go into a three year locked in contract when we might be going to something else. Mr. West said there have been other contracts approved for three years in the last few months and these will time that together. Commissioner Baxley asked when the Commission could expect something to look at. Mrs. Palmer said she could have something in about 30 days; Mr. West said 90 days. Commissioner Baxley said he has been asking for something for some time now and would like to see it. There being no further discussion and upo n the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome and Snellgrove: “nay:” Barbaree and Baxley. The motion was carried by the majority of four “yeas” to two “nays.” Mayor Schmitz introduced Resolution No. 2012-302 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Xerox Corporation for the lease of two (2) copy machines to be located on the first floor and third floor of the Civic Center for a three-year period at a cost of $383.66 per month. Commissioner Newsome moved for adoption, motion seconded by Commissioner Reading. Upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome and Snellgrove: “nay:” Barbaree and Baxley. The motion was carried by the majority of four “yeas” to two “nays.” Mayor Schmitz introduced Resolution No. 2012-303 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with SunGard Public Sector for the implementation of Field Reporting, AVL and LG-Mobile software at a cost of $34,000.00. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-304 (recorded in Ordinance Book No._______at Page_______), appointing Valra Ann Wheeler as a member of the Dothan Municipal Housing Code Abatement Board. Commissioner Newsome moved for adoption, motion seconded by Commissioner Reading. Commissioner Minutes of the Board of Commissioners – November 6, 2012, continued. Barbaree said he will have his replacement name for the District 5 appointment on the next administrative agenda. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-305 (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 Westgate Park/Water World Security DSI Security $ 12.26 hr. Officer Including a Vehicle for Patrol Dothan, AL Walton/Wiregrass Park Security Officer $ 10.51 hr. Captain/Supervisor $ 10.80 hr. Colby and Bottoms Fields’ Pavilion John E. Daughtry Engineering $ 16,200.00 Greenville, SC Other Purchases: Trial Expert & Expert Analysis School Consulting Engineering $ 1,650.00 Claim Number 2002750 Company, Inc. $ 20,301.40 Birmingham, AL 21,951.40 Natural Gas Fiscal Year 2013 SE Alabama Gas District $ 10,791.00 Dothan, AL $ 23,310.00 $ 1,883.00 $ 78.00 $ 36,062.00 Annual Citywide Southernlinc Southernlinc $ 192,000.00 Service Per State Contract T129 Atlanta, GA 10/01/2012-09/30/2013 Monthly Services-Air Cards Verizon Wireless-Dothan $ 42,000.00 10/30/12-09/30/2013 Atlanta, GA Concession Supplies Coca-Cola $ 25,000.00 Tenn/Al Division $ 12,000.00 Atlanta, GA $ 37,000.00 Jeep Patriot-State Bid #4012427 Ben Adkinson $ 17,291.00 Line 6 Commodity 070-06 Tallassee, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2012-305, motion seconded by Commissioner Barbaree and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-306 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Todd David Southeast Region Executive Board of the $ 00.00 Traffic Officers Highway Safety Office AL, FL, GA Will Glover US Marshals Service-Gulf Coast Regional $ 00.00 Fugitive Task Force AL, GA, MS, FL Sworn Personnel assigned Undercover Narcotics Sweeps by Police $ 00.00 Police Canines Canines AL, FL, GA Becky Edwards Alabama Department of Forensic $ 00.00 Science and ABI Montgomery, AL Sworn Personnel Undercover Narcotics Operations $ 00.00 Assigned to VICE/ AL, FL, GA, MS Narcotics Division JID Investigators Alabama Internet Crimes Against $ 00.00 Children Task Force Minutes of the Board of Commissioners – November 6, 2012, continued. AL, FL, GA Deanna Watford Commercial & Residential Landlord- $ 738.00 Kimberly Arnold Tenant Law Montgomery, AL Deanna Watford 25th Annual Governmental Accounting and $ 730.00 Auditing Forum Birmingham, AL Angie Jay 8th Annual Alabama Engineering Ethics $ 195.00 Lindsay McDonald Day Rick Mitchell Montgomery, AL Maurice Head CDBG Administrator to meet with $ 221.55 HUD staff Birmingham, AL Lee Nelms Below 100 Training $ 70.00 Arthur Schaefer Andalusia, AL Chris Miller Phillip Killingsworth Don Bryan Atlanta Special Pops Tennis Tournament $ 00.00 Alabama Tennis Association Atlanta, GA Garrett Franklin IMSA Certification $ 2283.80 Charlotte, NC William Wozniak Omni Distributions $ 292.00 West Memphis, AR Jinri Jiang Southeastern Short Course Championships $ 500.00 Nashville, TN Commissioner Reading then moved for adoption of Resolution No. 2012-306, motion seconded by Commissioner Snellgrove and unanimously carried. Commissioner Reading moved for acceptance of an easement from Bennie Manuel Ingram and wife, Willie B. Ingram necessary for storm drainage improvements in Headland Avenue Heights Subdivision, motion seconded by Commissioner Snellgrove and unanimously carried. There being no further business, Commissioner Barbaree moved that the meeting be adjourned, motion seconded by Commissioner Reading and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk See approval next page: 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