City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING DECEMBER 4, 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, December 4, 2012 with the following members present: Mayor Mike Schmitz, Associate Commissioners James H. Reading, Albert Kirkland, Critt Snellgrove, Taylor Barbaree and Hamp Baxley. Commissioner Amos M. Newsome, Jr. 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. Brother Kevin Cobb, Southside Baptist Church, then led in prayer, afterwhich Commissioner Reading led in the Pledge of Allegiance to the Flag. Commissioner Barbaree moved that the Minutes of the Meeting of November 20, 2012, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Commissioner Reading said he is still recouping from knee surgery and wanted to thank everyone for their cards, letters and prayers. Commissioner Snellgrove said he hoped everyone had a nice Thanksgiving. He then commended the Leisure Services Department for the great job they did with the Christmas Tree Lighting last week. It had to be moved to the Opera House, but worked out very well. Commissioner Snellgrove also thanked everyone for taking time out of their schedules to come to the Public Hearing held last week. Commissioner Barbaree told City Manager West he would like an update on the Performing Arts Director position and also where we stand on hiring a Public Relations person for the City of Dothan at the next commission meeting. Mayor Schmitz stated that Commissioner Baxley just lost his mother and commended him for being at the meeting. He also commended Commissioner Reading for being present after surviving two knee surgeries! Mayor Schmitz said the Downtown Christmas Festival was a great success! Stephanie Wingfield, Leisure Services, along with Craig Kornegay, Flowers Hospital, presented a check in the amount of $7825.75 to Elizabeth Dean, Alabama Department of Public Health for the Wiregrass Diabetes Workshop Coalition. City Manager West, along with Mayor Schmitz recognized Troy Jones and Rhonda Kirk, Leisure Services for receiving the Independent Softball Association, Southern Region Complex of the Year Award for the Dothan Softball Complex. Mr. West announced that construction is beginning on South Saint Andrews Street and encouraged citizens to exercise extreme caution in that area. He also said that the Westgate Park Library is under construction, which is causing some inconveniences associated with traffic. As you come in on Choctaw you will not be able to make a left turn for the next few days. You can circle around and go through the parking lot if you need to go that way. Commissioner Barbaree asked who from the City is supervising that project. Public Works Director Jerry Corbin said he would check to see and will monitor it closely. Mr. West reminded everyone that the Downtown Dothan Hoops Classic will be December 26th – 31st at the Dothan Civic Center. Commissioner Reading asked what we did with the old floor. Mr. West said we sold it for $15,000.00. He said the new floor has been installed. Minutes of the Board of Commissioners – December 4, 2012, continued. Mr. West announced that an Employee Health Screening will be held tomorrow in the Civic Center from 7 a.m. to 3 p.m., which includes spouses and retirees. Mr. West also announced that the Police Department received a national award yesterday for participation in the “National Night out Program”. Mr. West reiterated that the Christmas Tree Lighting and Downtown Christmas Festival went very well last week. Mr. West announced that since January 1st is a holiday and the City will be closed the City Commission Meeting scheduled for that day will be cancelled. Mayor Schmitz introduced Ordinance No. 2012-319 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 82, Solid Waste, Article VI, Sanitary Refuse Disposal Sites and Fees, of the Code of Ordinances by adding a service charge for the collection, hauling and disposing of refuse. Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of six “yeas” to no “nays.” Commissioner Kirkland then moved for adoption of Ordinance No. 2012-319, motion seconded by Commissioner Baxley. Commissioner Barbaree said there were about 7,000 postcards sent out to residents in District 5 and a forum was held last night at Covenant United Methodist Church. He said he was disappointed with the turnout. Commissioner Barbaree said most of the people who attended were not as concerned with the solid waste fees as they were with the direction the City is going with recycling. Commissioner Barbaree said he has heard from numerous residents, not only from District 5, but all over the city. He said he appreciates everyone’s opinions, agreements and disagreements with the issue. Commissioner Barbaree said he feels very good about making a decision today based on the meeting last night and the input he has had from residents. Mayor Schmitz announced that there are two people signed up to speak under Privileges of the Floor on this issue. Mr. Bobby Lewis was first to speak. He said when the last sales tax increase was added to all us here in Dothan, four of the Commissioners were on record saying the only reason they would vote for the sales tax was to ensure we did not have a garbage fee. Mr. Lewis said he wondered where that assurance went to. He said he opposes this fee because the tax was put on us with a guarantee that there would be no garbage fee. Mr. Richard Drown stated that he will be 72 years on December 18th and is on Social Security. Mr. Drown said he served his country for 24 years and because he is drawing a retirement from the military he will have to pay a fee. He said he meets two of the requirements for the exemption but not the third. Mr. Drown asked the Commission to table this issue and look further into those who are on fixed income. Commissioner Barbaree said when the one cent sales tax was passed, he remembers making the statement that the tax was a way to get out of paying a garbage fee. He said since that time the City has incurred a lot of expenses in terms of our sewer projects. He said at the time the one cent sales tax was voted on they had no way of knowing that EPA was going to mandate requirements for us to upgrade our sewer system in the way we have had to do since 2006 and 2007. Commissioner Barbaree said he told the residents who came to the forum last night that we are in a situation where we are looking at over $40 million in sewer upgrades. He said it is going to be mandated on the city to make those upgrades. Commissioner Barbaree said the City Commission did not create the sewer problem, but are hired to do a job to find solutions to make the city a better place to live and work and raise our families. Commissioner Barbaree said the city has grown and unfortunately has expanded in areas where we do not offer electrical service. We are bound by the courts and territorial legislation where we cannot expand those services. Commissioner Barbaree said Omusse is looking at a $20 million upgrade in the near future. We are going to have to do this; we have no choice. He said we do not have any idea what else EPA is going to mandate us on. Commissioner Barbaree said some people compare us to Washington, but Minutes of the Board of Commissioners – December 4, 2012, continued. that is not fair at all. He said no one likes a fee, but is it a fair fee for what you get, absolutely. You are going to get once a week garbage pickup. You do not have to worry about where it goes in terms of going to a landfill. You are going to get voluntary recycling if you want it. Commissioner Barbaree told Mr. Lewis and Mr. Drown he respects their opinion; they are valid points, but we have a lot of improvements ahead of us. He said we are still one of the only municipalities that continue to resurface. He said when there is a pot hole he wants it fixed. Commissioner Barbaree said he wants police officers on the road. He said he did not want to have to worry about laying off firefighters. Commissioner Barbaree said he wants our city fully staffed and wants the water to work when it comes on and the toilets to flush. He said there is nothing sexy about garbage pickup or wastewater treatment plants but unfortunately it is a service we have to provide. He said we are going to do that as long as he is sitting in this chair. Commissioner Baxley said he has also received comments from residents around the city. In regard to the comments about this being a Washington mentality, Commissioner Baxley said that is completely the opposite. He said the Washington mentality is spend money and worry about paying for it later on; provide services and do not worry about paying for it, make someone else pay for it. Commissioner Baxley said what you see today is a proposal that shows responsible leadership where you are paying as you go. He said that is what we all have to do in our own personal households and that is what the city has to do. Commissioner Baxley said that has not been done here in the past. He said he could only speak for what is in front of them today. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of six “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2012-320 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Monroe M. Lee D/B/A Red House Book Store located south of 2013 South Oates Street from R-1 District to B-3 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:” none. The motion was carried by the majority of six “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2012-320, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of six “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2012-321 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Wayne and Mechau Mowbray located at 350 Mechau Lane from L-I District to R-1 District. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, 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. 2012-321, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2012-322 (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 January 15, 2013. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Minutes of the Board of Commissioners – December 4, 2012, continued. Mayor Schmitz introduced Resolution No. 2012-323 (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 2012-240 and 2012-288 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 Snellgrove moved for adoption, motion seconded by Commissioner Reading. Commissioner Barbaree said since 2005 we have come a long way in terms of ensuring lots need to be taken care of and houses that are in a state of disrepair. He said we sometimes have a situation where a developer is out of town and we are pretty hard on them versus a developer that resides inside the city limits. He said there is a reason for that. Commissioner Barbaree said developers that live within the city of Dothan cannot escape us. We see them at church, at the store, restaurants, etc. He said a lot of times it is a situation where they want to take care of their developments but you take an issue like West Way where there is suppose to be a screen between the building and the neighborhood adjacent to it. He said he understands that was what it was zoned for and most of the residents understand as well, but it is absolutely absurd and ridiculous that the developer will not do what they say they are going to do. Commissioner Barbaree said as long as he is sitting here on this Commission we are going to continue to press that they live by everything they are expected to do by the Planning Commission and what this Commission expects. Commissioner Barbaree said he did not know if the piece of property off Flowers Chapel Road adjacent to Princeton Place Apartments has been looked at and the property over by Wiregrass Commons Mall that butts up against Express Oil Change is from a developer out of town and they are not doing what they are suppose to do He said he wants something done about it, ASAP. Commissioner Barbaree said there are plenty of people who live and work in this city that do what you are suppose to do. He said if you want to do business in the city limits of Dothan you need to abide by our ordinances and do what the Planning Commission expects you to do, which includes buffers and cutting grass as well as cutting personal property. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-324 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation for the resurfacing on Range Street from Spring Street to Ross Clark Circle at no cost to the City. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-325 (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 $22,000.00 and appropriating funds for said grant. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-326 (recorded in Ordinance Book No._______at Page_______), applying for and accepting a grant award from the Wiregrass Foundation in the amount of $5,000.00 for catering and miscellaneous expenses for the Annual Diabetes Prevention and Wellness Workshop. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-327 (recorded in Ordinance Book No._______at Page_______), awarding the bid and entering into an agreement with APAC Mid-South, Inc. for roadway construction and associated work for the Alabama College of Osteopathic Medicine Entrance Road at a cost of $1,108,308.00 and appropriating funds for said construction. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Barbaree said this is a good day for the city in terms of the development. He then asked who is supervising this on behalf of the City. Mr. Corbin said Northstar Engineering is providing the construction administration and inspection on that job. He said we will have one of our public works inspectors follow up with that. Mr. West said there are concerns that ALDOT has related to the intersection of Highway 84 and the new road that may require some changes Minutes of the Board of Commissioners – December 4, 2012, continued. in a Change Order down the road. Mr. Corbin said there was an existing median crossing exactly lining up with the proposed entrance road. There have been some improvements on Highway 84 east in the last few months. He said ALDOT had their finished plans for the ACOM entrance road. They took that median out and the intent was they would not let them put it back in so they negotiated back and forth with ALDOT and have come up with a compromise location of a couple hundred feet or so to the west of where the existing one was. He said there were some issues with the grade of the median itself. Mr. Corbin said now we feel like we have a workable solution and it is figured into this. Commissioner Barbaree asked if the State has considered lighting that highway better to the entrance. Mayor Schmitz said there has been some discussion on that, but they have not agreed to do that. Commissioner Reading said he wants to make sure we can sell them electricity. Mr. West said we can; we have already put a temporary pole out there. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-328 (recorded in Ordinance Book No._______at Page_______), awarding the bid and entering into a contract with Wiregrass Construction Company, Inc. for the North Foster Street Improvements Project in the amount of $872,507.08 and appropriating funds for said project. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove. Commissioner Barbaree asked when the pipes were put in. Mr. West said they were installed in 1915. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-329 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation for the installation of pipe, a water main and a tapping sleeve and valve for improvements to North Foster Street. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-330 (recorded in Ordinance Book No._______at Page_______), Approving the payment of invoices for the month of October, 2012 in the amount of $13,638,272.47. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2012-331 (recorded in Ordinance Book No. _______at Page_______), awarding a bid and approving a purchase over $15,000.00 by the City. ITEM VENDOR AMOUNT Yearly Bid on All Size Fire Hydrants Empire Ripe & Supply Company $67,344.00 Birmingham, AL Other Purchase: Trial Expert & Expert Analysis Schoel Consulting Engineers $ 5,118.55 Birmingham, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2012-331, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2012-332 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Charles Metzger Tour Traffic Management Center $ 75.00 Robert Cox Albany, GA Clint Ludlam Billy R. Mayes ACF Governing Board Meeting $ 292.80 Cordele, GA Minutes of the Board of Commissioners – December 4, 2012, continued. Commissioner Kirkland then moved for adoption of Resolution No. 2012-332, motion seconded by Commissioner Reading and unanimously carried. Commissioner Reading moved to approve a claim by B & B Construction Contractors and Eutaw Construction Company in the amount of $150,000.00, motion seconded by Commissioner Snellgrove, and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove and Baxley; “nay:” Barbaree. The motion was carried by the majority of five “yeas” to one “nay.” There being no further business, Commissioner Reading moved that the meeting be adjourned, motion seconded by Commissioner Barbaree and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk Approved: 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