City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING DECEMBER 18, 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 18, 2012 with the following members present: Mayor Pro tem Taylor Barbaree in the absence of Mayor Mike Schmitz, Associate Commissioners James H. Reading, Amos M. Newsome, Jr., Albert Kirkland, Critt Snellgrove and Hamp Baxley. Also present were City Manager Michael West, City Clerk Pam McCoy, who recorded the Minutes of the Meeting, and the local news media representatives. Mayor Pro tem Barbaree called the meeting to order. Rabbi Lynne Goldsmith – Temple Emanu El, then led in prayer, afterwhich Commissioner Newsome led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of December 4, 201 2, be approved, motion seconded by Commissioner Reading and unanimously approved. Commissioner Reading asked that everyone remember the families in Newtown, Connecticut who lost loved ones in last Friday’s tragedy. Commissioner Newsome also asked everyone to remember those families and he prays that our actions from here forward show our concerns. Commissioner Newsome wished everyone a “Merry Christmas and a Happy New Year” ! Commissioner Kirkland also wished everyone a “Merry Christmas and a Happy New Year”! Commissioner Snellgrove also asked that everyone keep the families in Newtown, Connecticut in their prayers in the coming weeks. Commissioner Snellgrove announced that the “Hoops Classic Basketball Tournament” will begin next week. It will begin on the new floor that the Dothan Area Convention and Visitor’s Bureau helped pay for. The tournament will be held December 26-29, and finals will be Monday, December 31st. Commissioner Snellgrove also wished everyone a “Merry Christmas and a Happy New Year”! Commissioner Baxley wished everyone “Happy Holidays”! Commissioner Baxley cautioned everyone to be careful through the holidays; lots of crime has been going on. Mayor Pro tem Barbaree welcomed IT Director Tim Stewart back. He extended condolences to City Attorney Len White on the passing of his mother. He also welcomed Lance Griffin, Dothan Eagle back to the meeting. Mayor Pro tem Barbaree said he has been busy and has not had a chance to talk with the Commission, but he attended a meeting last week in Chipley with several other business people. He said he worked the crowd and asked where everyone was doing their holiday shopping and they let it be known with the four-laning of Highway 77 they are able to zip down to Pier Park whereas before they had been traveling to Dothan. Mayor Pro tem Barbaree said last January, the Commission sat down and discussed several road projects, but have not moved ahead, especially on the possibility of extending Westgate from the point where it is at now at Highway 431 to 231 south and the possibility of extending Honeysuckle Road. Mayor Pro tem Barbaree said we need to continue to be mindful that anytime we can do road improvements……….if we are going to be proactive we are going to have to take a large role in handling some of these issues ourselves with Transportation. He said we certainly do not want to lose shoppers that we have had in the past. Mayor Pro tem Barbaree said, growing up, he can remember Minutes of the Board of Commissioners – December 18, 2012, continued. a lot of people came to Dothan to shop because of our police presence. He said he wants to continue to see police presence at our shopping centers and to make sure we are doing everything we can to give our police the resources they need to do their job, even if it means hiring more officers to put on the road. Mayor Pro tem Barbaree said he rode around the other night and counted 37 garage doors open. This was in two of the neighborhoods in District 5 around midnight. He said if you do not have the resources you need you cannot do your job effectively. Mayor Pro tem Barbaree said the Leisure Services Department does a great job putting on the Hoops Tournament and he is looking forward to it. Mayor Pro tem Barbaree wished everyone a “Merry Christmas and a Happy New Year”! City Manager West announced that the next City Commission meeting will be January 15, 2013. Mayor Pro tem Barbaree expressed appreciation to Dothan City Schools Superintendent Tim Wilder on receiving a phone call from him last night in regard to safety in our school system and the leadership Mr. Wilder is providing our school system. At this time, Superintendent Wilder updated the Commission on the status of the Dothan City Schools compared to other city school systems in the state. He asked the Commission to think about what could be done with an extra $17 million from property tax. He said if we doubled our property tax, $8 per month to the average home owner that pays on a $100,000 assessment, this would calculate to about $8 to $10 per month. Superintendent Wilder said this is not a campaign. He said all of those who are critical of our system, teachers, students, etc., this data does not lie. Superintendent Wilder expressed appreciation to the Commission for allowing him this time. Commissioner Reading asked Superintendent Wilder what kind of doors we have in our schools. Superintendent Wilder said they are glass doors. He said Chief Benton sent one of his SWAT members that deals with these type situations out and notified them that any shotgun can break down any door in any building unless it is a fireproof or vault door. Commissioner Reading asked what type of door you would need to prevent this. Superintendent Wilder said we have to have the glass; we have to be able to see out and see in when we are trying to let people in the door. Commissioner Reading said he has been reading in the Dothan Eagle about magnet schools and it is obvious to him that we are doing an excellent job. He then asked what all the controversy is about. Superintendent Wilder said when he came here a year and a half ago it was brought to his attention that we need to look at the middle schools and how we are doing. He said fifty percent of our students attend a magnet and fifty percent attend a non-magnet middle school. Superintendent Wilder said we have hundreds of students that should be getting that magnet school curriculum; black students, white students who cannot get in there for one of four reasons: their parents cannot commit to 30 hours per semester; they made lower in reading or math; or they have been in trouble before. Superintendent said he is tired of discriminating against students that cannot get into honors courses or magnet schools because they have been in trouble before. We need to offer the same education to every single student. Superintendent Wilder said he would ask everyone to reserve judgment until they see what the plan is going to look like for every single child. Commissioner Reading told Superintendent Wilder it is obvious to him that he is doing a lot more with less taxes, but as a politician in this city, when you start talking about raising taxes, you are not going to be a politician very long. Superintendent Wilder said that is true. Commissioner Reading said Superintendent Wilder is to be commended for that. Commissioner Reading asked Superintendent Wilder and Chief Benton to make sure that the entrances to our schools are secure. Chief Benton said the best thing we can do as a school system and as a city is make contingency plans. He said we upgrade our plans constantly and work with our school system diligently. Chief Benton said we have our plans and they have their plans. When those plans come Minutes of the Board of Commissioners – December 18, 2012, continued. together and we train together that is the best thing we can do. Chief Benton said we can take what happened in Connecticut and use it as a training ground. He said we can take lessons learned there and do a better job here. Mayor Pro tem Barbaree said we need to look at having police officer presence at our elementary schools. He said this is something the City Manager and Superintendent need to talk about. City Manager West stated that James Etheridge, National Peanut Festival is here today to make a request on behalf of the Music Festival Toadlick. Mr. Etheridge said from time to time we have a lot of events other than the Peanut Festival out at the Peanut Festival Fairgrounds. He said Toadlick approached them about two months ago about the possibility of being able to conduct a “bring your own” event. Mr. Etheridge said we have not been able to do that since the ordinance was passed in 2011. He said they are asking for a special exemption this year for the Toadlick event which will be April 11, 2013 and allow it to be a “bring your own” event. Mr. Etheridge said they have met the contractual agreement they have with them and they are satisfied with what they need to do legally. Commissioner Kirkland asked Mr. Etheridge to explain what this means. Mr. Etheridge said in the past we have had bring your own events that met our insurance requirements and contractual requirements before but that was prior to the ordinance that was passed last year. He said last year they used a third party that had a special alcohol license. Mr. Etheridge said this will not be a brown bag it will be a collapsible cooler. He said he would rather leave that to Mr. Mendheim to discuss in detail of what that would be. Mr. Etheridge said there would be presence of security there as they require and any requirement by the city. Mayor Pro tem Barbaree said before the ordinance was passed in 2011 were there any functions at the Peanut Festival in which it was a bring your own type venue. Mr. Etheridge said yes; they had music festivals there before that had “bring your own” events prior to the ordinance. He said at one time the Peanut Festival was licensed, but they chose to leave that up to the promoter to go through a third party if they wanted to have a licensed event. Commissioner Newsome asked if there would be a fee to bring your own. Mr. Etheridge said he would defer that to the Toadlick event to discuss. At this time and on behalf of Mr. Gilbert and the festival itself, Attorney Cliff Mendheim said that there would be a fee if the exemption is allowed for someone to bring their own cooler into the event. Mr. Mendheim displayed an example of what type cooler would be allowed. Commissioner Newsome asked if the city would share in the proceeds from those fees. Mr. Mendheim said there has not been any discussion in regards to the City sharing that. He said he did not know if the City would want to take on that liability. Mr. Mendheim said they have $15 million in general liability for the Peanut Festival’s requirements. He said they went beyond that and purchased $20 million in general liability coverage. Commissioner Newsome said if there is revenue from bringing your own he thinks those who provide security and other services should share in that revenue. Mr. Mendheim said they are willing to do consider anything they need to do to satisfy the city. Commissioner Reading asked how much revenue this event is going to generate. Mr. Mendheim said he did not have any idea of the total revenue. He said they hope to generate a lot of revenue; it will be a great economic catalyst for the city and hopefully will be something we can continue to do in to the future. Mr. Mendheim said there is a lot of competition among music festivals all over this area and we feel like with this exemption it will help us compete against some of these other festivals and keep this as an ongoing event. Commissioner Baxley asked if this would benefit Dothan by drawing people in to the hotels, etc. Mr. Mendheim said if we can continue to have the festival you are talking about an event where you are drawing people from not only all over the Wiregrass but from all over the nation. Mr. Mendheim said we are talking about bringing in national acts for the festival. It would be a great economic boost for the city itself. Mayor Pro tem Barbaree said he believes there is a sales tax associated with that. The city does encounter some revenue from that as well. Mr. Mendheim said in addition to the security concerns; they have discussed bringing on additional security that would be paid for by Toadlick as well as any off duty police officers. Minutes of the Board of Commissioners – December 18, 2012, continued. Mayor Pro tem Barbaree said he is excited about the event; he was glad it was in Dothan last year at the fairgrounds. He said he wants to continue to try and have this type of venue in Dothan. Commissioner Kirkland asked why they did not buy a liquor license and sell their own alcohol. Mr. Mendheim said it goes back to the economics of it. He said when we analyzed other music festivals around the nation the best way to make it successful and remain successful would be to attract a larger audience by allowing them to bring their own beverages in. Chief Greg Benton stated that the Commission passed the Brown Bag Ordinance; a very air tight ordinance. He said by allowing this exception you are punching holes in that ordinance. Chief Benton said if you allow it this time there will be several others that will come to you asking for the same exception; they want to bring in people too. Mayor Pro tem Barbaree said there will be no decision made today. He asked City Manager West to put it on the next Administrative Agenda for discussion. Mr. West said the reason we did it this way today is so we could put it on the next regular agenda because they need a decision soon. Mayor Pro tem Barbaree said we need to make sure everyone will be here to vote on it at the next meeting. City Manager West reiterated that the Hoops Classic Basketball Tournament in not only a great basketball tournament, it makes money for the schools. He said last year over $40,000.00 was given back to the schools who participated. City Manager West announced that garbage pickup for Christmas Day will be collected on Wednesday, December 26th. Garbage pickup for New Year’s Day will be picked up on Wednesday, January 2nd. There will be no trash pickup on December 24th and 25th and no trash pickup on January 21st. Mr. West said it will probably take a couple of weeks to catch up and get back on regular schedule. City Manager West wished everyone a “Merry Christmas and a Happy New Year”! Commissioner Reading asked if any of our garbage trucks were out of commission for maintenance. Public Works Director Jerry Corbin said he would guess that we have a truck down. He said on any given day we have some down. Commissioner Reading said we need to replace that fleet very badly. Mr. West agreed. He said in the next two years we have five trucks to replace. We have two on order right now, but we still have five more to purchase. Mayor Pro tem Barbaree announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. There being no one present to speak, Mayor Pro tem Barbaree declared the Public Hearing closed. Mayor Pro tem Barbaree introduced Resolution No. 2012-333 (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 Snellgrove and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-334 (recorded in Ordinance Book No._______at Page_______), authorizing City Attorney F. Lenton White to request an Attorney General’s opinion as to whether it is within the jurisdiction of the City of Dothan Board of Zoning Adjustment to apply City Zoning regulations to the expansion of a City landfill. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove. Commissioner Newsome said the Board of Zoning and Adjustment is comprised of members recommended by each Commissioner and one member recommended by the Mayor. He said the people who serve on that Board are not paid; they are regular citizens. Commissioner Newsome said they are not Bureaucrats; they do their duty as best they can. He said we the Commission approve their recommendations and they comprise our BZA Board. Commissioner Newsome said he served several years on the Board of Zoning Adjustment as well as on the Planning Commission and several other boards including the Housing Abatement Board. Commissioner Newsome said we as a Commission are not to question the decisions of the BZA. Minutes of the Board of Commissioners – December 18, 2012, continued. He said that Board provides an access to our District Judge if we have questions about their judgments or actions. Commissioner Newsome said he will not question the Board. He said, should he have reservations about their judgment and decision, he will follow the referral of their decision to our judges. Mayor Pro tem Barbaree said the matter of the landfill/solid waste has been one for public discussion. He said on one hand it would seem that it is fair to ask the Attorney General’s Opinion to the jurisdiction of the BZA. On the other hand, with an appointment to the BZA is just like the rest of us have here on the Commission; it looks as though we may be undermining them somewhat. Mayor Pro tem Barbaree said he is embarrassed about the way the whole landfill issue was handled by the City. He said whether he was directly or indirectly involved it seems it was sent to the BZA without them having time to do their homework and now it has landed right back here in front of this Commission. Mayor Pro tem Barbaree said we have some decisions to make. Solid waste is not going to pay for itself. He said the City is going to continue to operate at a deficit so we are going to have to find a solution whether we have a landfill or not; whether that is a transfer station or not. Mayor Pro tem Barbaree said the City of Dothan has no choice but to be in the solid waste business. He said in the future, we need to be more mindful about how we are handling things. People need to have confidence in us as to how we make our decisions and how we operate. There being no further discussion and u pon the motion being put to vote, those voting “yea,” were Kirkland, Snellgrove, Barbaree and Baxley; “nay:” Reading and Newsome. The motion was carried by the majority of four "yeas" to two “nays.” Mayor Pro tem Barbaree introduced a proposed resolution, accepting a grant award in the amount of $50,000.00, entering into an agreement with the Alabama Department of Economic and Community Affairs to construct a “Passive Park for People with Dogs” at Eastgate Park, agreeing to provide matching funds in the amount of $79,000.00 and appropriating funds for said project. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Reading said he could not support this the way it is written up. He said he has been begging for a swimming pool to be located either at Andrew Belle Recreation Center or Gussie McMillan Park and it has fell on deaf ears. Commissioner Reading said he is not going to support any park when the language includes dogs. He said this tells him we care more about dogs than we do our children. Commissioner Reading said he is for the bathrooms, but not for a dog park, when we have a need for a pool, he cannot support it. Commissioner Reading said we have to appropriate funds for the water meters at Pemco. Mayor Pro tem Barbaree asked if the grant had to read “Passive Park for people with dogs”. Mr. West said that is the way it was submitted so that was the way it was approved. Commissioner Kirkland said we appropriated funds for bathrooms at Gussie McMillan Park five or six months ago. He said he made the comment then that we do not have security there and were concerned about the construction of the bathrooms. Commissioner Kirkland asked Leisure Services Director Elston Jones how has that gone and how much money have we spent on that. Mr. Jones said the project at Gussie McMillan was Block Grant money. He said the grant money amounted to $22,907.45. Mr. Jones said we had about $30,000.00 of in-house labor for that project. He said we have no vandalism except for in the initial stage of the project when we were hit hard during the construction phase. Mr. Jones said they are not open at night. They are locked at dark and opened at dust in the morning and open on the weekends and close when the recreation centers close. Commissioner Kirkland said if you compare this with what we are talking about at Eastgate you are talking about doing bathrooms, which is in the long-range plan with the city, a pavilion and a fenced in area for the dogs. Mr. Jones said they felt like the bathrooms would be used for the dog part as well as the park. He said there are a number of outdoor events held there where there are no bathrooms. Mr. Jones said one of the concerns at Eastgate when they have functions is if the house is rented out for a wedding reception and you have a walk with 500 people outside, those people may have to use the bathroom and would have to invade on the people who have rented the house to use the bathroom. Mr. Jones said any function that is held outside would be able to use the new bathrooms. Commissioner Kirkland said, out of this money, we are talking about spending approximately $60,000.00 or more for bathrooms and the pavilion. Mr. Jones said according to what was submitted, around $40,000.00 or $50,000.00 for the bathrooms. Mayor Pro tem Barbaree asked if the City’s share was initially suppose Minutes of the Board of Commissioners – December 18, 2012, continued. to be $50,000.00 and has now jumped to $79,000.00. Mr. West said the grant required at least a 50% match. Kim Meeker, Leisure Services said we frequently go out for projects larger than the $100,000.00. When we did Eastgate we built a pavilion with that. He said we had over a million dollar project that required a 50% match on $50,000.00. Mr. Meeker said in this case the project is a little bigger than $100,000.00 project so we had we had to complete Eastgate, all the ball fields and everything as part of our match because that was the whole project. This is a bigger project than $100,000.00 just like Eastgate was when we built the ball fields. Mr. Meeker said the overall project will cost us $129,000.00 approximately; $50,000.00 is provided through the State and then in order for us to finish this project it will take us $79,000.00 to finish it. Commissioner Newsome asked how we mixed up grant money with non-grant money. He said the money to do the bathroom construction has nothing to do with the grant. Commissioner Kirkland said we had the same thing with the Gussie McMillan project; grant money and city money was involved. Mayor Pro tem Barbaree said it states that the department shares $50,000.00 and the grantee shares $50,000.00. Mr. West said that is required. He then asked Mr. Meeker if in the original estimates that were submitted in June did we inform the Commission that the project would be $120,000.00 plus. Mr. Meeker said yes. He said the only thing we represented was $129,000.00 for this project. Commissioner Reading asked Mr. West if this could be tabled until the Mayor gets back in town so we can look at this a little more. Mayor Pro tem Barbaree said we have a motion on the table for approval so those would have to be withdrawn before we can vote to table this. Commissioner Baxley said he has a motion on the floor that he would like have voted on. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Kirkland, Snellgrove and Baxley; “nay:” Barbaree, Reading and Newsome. There being no majority vote due to a tie of three "yeas" to three “nays” the proposed resolution died. Mayor Pro tem Barbaree asked Mr. West to speak with the Mayor when he returns and speak with the Commissioners individually. Mayor Pro tem Barbaree introduced Resolution No. 2012-335 (recorded in Ordinance Book No._______at Page_______), agreeing to provide water services to the Dothan Regional Airport for the Pemco facility and appropriating funds for said funding. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland. Mr. West said Pemco has vacated and the Airport is overseeing the property. He said the majority of their funding came from the Pemco lease. Mr. West said we do not anticipate there to be a big expense. He said it is to our benefit since ultimately getting a replacement for Pemco impacts this community that we make sure that there is no problems created for the lack of water out there during that time. Mr. West said their water is also used for fires. Mayor Pro tem Barbaree asked if the buildings are vacated. Mr. West said yes. Mayor Pro tem Barbaree asked who would be checking to make sure there are no busted pipes. Mr. West said Art Morris has assured him that every other week he would send someone into each building to flush the toilets, etc. There being no further discussion the resolution was unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012- 336(recorded in Ordinance Book No._______at Page_______), executing Change Order 3 and the Final Summary Change Order to the contract with Eutaw Construction Company, Inc. to construct a sanitary sewer trunk line from the Beaver Creek Wastewater Treatment Plant to the Little Choctawhatchee Wastewater Treatment Plant for a net decrease of $75,304.53 and a final contract amount of $8,219,930.81. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Newsome asked why the contracting company did not meet their time deadline. General Services Director Randy Morris said the time deadline was stalled as a result of a court proceeding due to a change order the Commission approved at the last meeting. He said some of the time was extended on this project due to certain change orders that would result in additional time being needed to complete the project. Commissioner Newsome said the initial time was 417 days and that time was not met and someone had to pay. He said it looks like we are paying for some of that. Mr. Morris said the project was completed over a year ago. He said we had a one year final inspection a couple of months ago. Mr. Morris said the reason this is just now coming to the Commission is because the court proceeding has been resolved. Mr. West said last meeting you approved a court settlement where there was a disagreement whether the extra effort they put to bore under Highway 84 west allowed them to have Minutes of the Board of Commissioners – December 18, 2012, continued. additional compensation. Mr. West asked if they finished the project within the days excluding the time we carried forward. Mr. Morris said no. He said it did go over the original contract amount even with some of the additional time frame, but based on the need for having that line in place the treatment plant was not in the position where it could accept the additional flow yet. Commissioner Newsome said this project has cost $443,605.00 over and above the initial bid price even with all of the change orders. He said this is a lot of money and is costing the city almost a half million dollars more than what we had originally contracted for. Commissioner Newsome said we had five projects on the agenda today and out of those five projects we have an over run of $760,378.00 more than what we initially contracted for. He said not one of those projects shows where we got money back because we had bid too much. Commissioner Newsome said we may have something we need to look at. Mr. Morris said a good bit of the over run for the entire project was due to additional work that was added to the contract that was not originally bid, but it was in the city’s best interest to have that work done for the long term benefit of the city. Mr. Morris said anytime there is work added to a contract we also add time to a contract and that does not cost us extra money. Mr. West said we did not know how the original bids were going to come in and part of this; we added additional sewer lines to close down pump stations, which was the original plan. There being no further discussion the resolution was unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-337 (recorded in Ordinance Book No._______at Page_______), executing a Change Order to the contract with Donald Smith Company for repairs to Well Number 25 in the amount of $42,318.00 increasing the total contract price to $119,508.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading. Mr. West said the increase here is where we pulled the casing out of the ground and discovered something we did not anticipate. Billy Mayes, Dothan Utilities Superintendent said we knew this well had a problem. The pumping went down from somewhere around 800 gallons per minute to around 200 gallons per minute. Mr. Mayes said we estimated this based upon what we have seen in the past when we pull a well. He said when we looked at this column pipe there was not a piece of it that we were going to put back in. Mr. Mayes said with this type pump, the bowls on it have some issues of washing. He said when they reviewed that they determined they could not use it and it was not worth the money to repair those bowls. He said the price they got for the bowls was less than what they had to do if they had to repair each one. Mr. Mayes said they replaced every piece of column. Instead of replacing 11 pieces they replaced 42. Mr. Mayes said this is a unit price bid; the only thing they added additionally was the epoxy coating. He said these prices were considerably less than the other bidder in the project. Commissioner Newsome said that is the result of the $42,318.00 over run. Mr. Mayes said yes, the column pipe and the bowls and we added epoxy coating to this. He said we are trying to eliminate this problem in the future. Mr. Mayes said when we normally pull these wells out we do not have this type of problem. He said this was about as bad as he has ever seen. Commissioner Newsome said that was his concern because the contractor has been doing wells for the City of Dothan over a long period of time. Mr. Mayes said we have had two; Lane and Donald Smith to do most of our repairs and most of our well construction over the last 30 or 40 years. There being no further discussion the resolution was unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-338 (recorded in Ordinance Book No._______at Page_______), agreeing to pay Praestare Engineering $19,086.25 for additional inspection days and testing costs incurred on the John D. Odom Road and Burbank Street Improvement Project and appropriating funds for said project. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley. Public Works Director Jerry Corbin said when this job was originally brought before the Commission for engineering work it was for the purposes of doing an overlay design on Burbank and a redo of the John D. Odom Road from one end to the other. He said it was decided shortly thereafter that we would try to put bike lanes on that road so we came back and added a little bit to their contract for that. Mr. Corbin said when the job was bid it was for Burbank resurfacing and John D. Odom Road, including the bike lanes. The bike lanes is a good thing, but at the same time it added some money to the project because the bike lanes were four feet on each side, which made us go out Minutes of the Board of Commissioners – December 18, 2012, continued. and take the shoulder out further and added storm drainage, pipe, etc. Mr. Corbin said that job started in the winter time. We had a snow 3 or 4 years ago when the job first started and the contractor was out there grinding down the surface on Burbank and we had snow out there. That caused some delay in the work, not just the snow, but the rainfall. Mr. Corbin said John D. Odom Road was at a critical point. It was about to go over that point where the whole road was about to fail. He said the surface of the road did fail a good bit between the time we bid the job and the time they were actually able to do the work out there. Mr. Corbin said there was some additional work that we calculated that would be necessary to make that road more durable for a longer time. He said there were times when we did not think the contractor was on the job as much as we thought he should be. Mr. Corbin said this job does reflect an exercise to charge liquidated damages to the contractor for some number of days he went over his contract eventually. Mr. Corbin said there is about a $47,000.00 credit within these numbers that is a collection of liquidated damages, which would more than pay for this additional engineering services. Commissioner Newsome said this $19,086.25 is over run money that we are paying based on actual work. Mr. Corbin said it is for additional days the engineer had to spend on the job to inspect the construction work that APAC was doing along with some additional testing. He said there was some additional testing done by a third party as we went along with the construction. Mayor Pro tem Barbaree asked who would be responsible for collecting the money. Mr. Corbin said that has already been figured into the final payment settlement with the contractor. He said we had $170,000.00 of state DOT money that was applied to this project so the entire project had to be done in concert with their requirements and specifications and there was an ALDOT project manager that over saw their portion of the work. There being no further discussion the resolution was unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-339 (recorded in Ordinance Book No._______at Page_______), agreeing to pay APAC Southeast, Inc. the final additive change order in the amount of $226,369.72 for work performed over and above the original contract amount on the John D. Odom Road and Burbank Street Improvement Project and appropriating funds for said project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Newsome said APAC does a lot of work for us. He said this is $226,369.72 over what we let the bid for. Mr. Corbin said the major items of work with ALDOT projects you have to break down a tremendous number of unit items. One of those items they allow is for fuel adjustment for asphalt pricing. This allows a contractor to issue a price for asphalt at the time of bid and it is allowed to be adjusted by the price of liquid asphalt that goes into asphalt mix at the time of delivery. Mr. Corbin said there was a considerable adjustment through the asphalt price on this job for that reason. He said in this case it hit at a time when oil was widely fluctuating. Mr. Corbin said there was a considerable amount of patching on this road, from one end to the other before we did any kind of leveling and overlay work. He said that degree of patching was nowhere near anticipated even though we had a small quantity in the bid. The leveling that followed that was additional. Mr. Corbin said John D. Odom Road looked like an hour glass in several places because there were turn lanes added over the years for the different subdivisions. Mr. Corbin said they thought it would best serve the purpose long term if we straightened some of that out. He said it turned out to be widening in between those hour glass points. Mr. Corbin said all of this was not the choice of APAC but the choice of the fuel adjustment and decision that the staff made from an engineering standpoint to do what was right for the road structure. Commissioner Newsome said we are getting a lot of paving done now in the city. He said over the last few weeks we have seen a decrease in the cost of fuel so we might look for a decrease in what maybe we let just as we had an escalation in the cost of fuel that helped us have an over run. Mr. Corbin said we do not typically put a fuel adjustment in our city bids because they usually happen really fast. He said it is a requirement that the State does. Mr. Corbin said the State just bid the resurfacing of Range Street, from Spring Street down to the Ross Clark Circle. He said that is an ATRIP project and we will be getting 80% funding from ATRIP and we are also going to get the 20% remaining part of that funding to come from other sources of State money. Mr. Corbin said that will be a 100% project that we will not have to pay for. He said there is fuel adjustment in that project for the asphalt so we may see some savings there. There being no further discussion the resolution was unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-340 (recorded in Minutes of the Board of Commissioners – December 18, 2012, continued. Ordinance Book No._______at Page_______), authorizing the Police Department to conduct a K-9 Training Course to be held January 28, 2013 through February 1, 2013 and charge a registration fee of $60.00 for K-9 teams attending the training from other entities. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Pro tem Barbaree introduced a proposed resolution, entering into an agreement with Océ Imagistics and Marlin Leasing Corporation for the lease and maintenance of a copy machine for the Performing Arts Department for a three- year period at a monthly cost of $137.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading. Commissioner Baxley said he is still not happy with having these things on the agenda. He said he had requested an analysis done on whether or not we are getting the most bang for our buck when it comes to these type matters. Commissioner Baxley said what we received was an inventory not an analysis as he had asked for. He encouraged the other Commissioners to not approve this. Commissioner Baxley said approving another three year lease for another copier is wasteful. He said if you look at the list of what all we spend on it…..a better analysis needs to be done. Commissioner Baxley said he is not going to approve these things and encouraged the rest of the Commission to veto this. Mr. West said in this case they did get three quotes. Commissioner Baxley said he did not care for quotes. He said he was talking about a wholesale analysis, top to bottom, of what we spend on photocopying cost in the city. He said we spend a lot of money on things and we could probably get a better deal. Commissioner Baxley said we may not be able to, but unless this Commission has the data in front of it to make the decision he did not think we should approve any more of these things. He said the only way we are going to get that information is to discontinue approving these. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Newsome, Kirkland and Snellgrove; “nay:” Barbaree, Reading and Baxley. There being no majority vote due to a tie of three "yeas" to three “nay s” the proposed resolution died. Mayor Pro tem Barbaree introduced Resolution No. 2012-341 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with InScribe to purchase the Paparte Modular Display kit and supplies to create custom products for the Water World gift shop at a cost of $1,317.00. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-342 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Revenue to administer ONE SPOT transactions at no cost to the City. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-343 (recorded in Ordinance Book No._______at Page_______), submitting a Notice of Intent to the Alabama Department of Environmental Management for the installation of water lines on South Saint Andrews Street and authorizing payment of the $770.00 permit fee. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-344 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation to install steel casing jack and bore and ductile iron water main pipe on East Cottonwood Road. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-345 (recorded in Ordinance Book No._______at Page_______), approving the payment of invoices for the month of November, 2012 in the amount of $11,404,393.74. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Pro tem Barbaree introduced Resolution No. 2012-346 (recorded in Ordinance Book No. _______at Page_______), approving other purchases over $15,000.00 by the City. Minutes of the Board of Commissioners – December 18, 2012, continued. ITEM VENDOR AMOUNT Other Purchases: S2 Access Control System- Coopercraft Communications $ 9,084.64 Partitioning Utility Collection’s Tifton, GA Doors/Civic Center-Sole Source S2 Access Control System $ 8,902.50 $ 17,987.14 Removal of the Existing Chiller and Comfort Systems USA, SE $ 16,856.00 Installation of New Chiller at the Kater Newton, AL Williams Justice Building Painting all Areas that are Painted Commercial Coatings $ 40,300.00 Now to include Handrails, Façade, Slocomb, AL Beams, Doors, Stucco, Pressure Wash and Apply Two (2) Coats of Conflex Elastomeric Three (3) Police Patrol Cars (Black Hometown Motors $ 72,957.00 Marked Cars) Spotlight, Vinyl Floor & Opelika, AL Rear Seat, & Full Size Spare. Dodge Chargers purchase off of State Contract #4012399, T191L, Line 04. Commodity 070-06 One (1) 2013 Ford F-150 Supercab Stivers Ford Lincoln Mercury $ 20,447.00 Two (2) 2013 Ford F-150 Supercrews Montgomery, AL $ 45,588.00 Purchase off of State Contract $ 66,035.00 #4012410, T191A Line 18 & 20 Commodity 070-06 One 2013 Ford F-250 Purchasing off Stivers Ford Lincoln Mercury $ 19,208.36 State Contract. Commodity Code Montgomery, AL 070-06 Two Ford F-150 Regular Cabs Stivers Ford Lincoln Mercury $ 36,092.00 Heavy Duty Purchase off of Montgomery, AL State Contract T191A, #4012410, Line 20. Commodity 070-06 One Jeep Patriot Purchase off of Atkinson Motors $ 17,291.00 State Contract T191. Commodity Tallassee, AL 070-06 Commissioner Snellgrove then moved for adoption of Resolution No. 2012-346, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Pro tem Barbaree introduced Resolution No. 2012-347 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Elston Jones 2013 Alabama Recreation & Park $ 5,782.00 Roy Kitts Association Annual Conference Ron Money Mobile, AL Tyson Carter Tony Thorne Kenny Dunning Matt Barefield Kenny Thompson Stephanie Wingfield Debbie Reed Mike Shiver Fire/Arson Fatality Fire Scene Investigation $ 579.32 Columbiana, AL Gregory Benton Alabama Association of Chiefs of Police $ 876.52 2013 Winter Conference Montgomery, AL Gregory Benton International Conference for Police & Law $ 1,642.00 Enforcement Executives Atlanta, GA Eddie Henderson Birmingham Mock Assessment $ 0.00 Minutes of the Board of Commissioners – December 18, 2012, continued. Birmingham, AL Gentry Danzey Northeast Alabama Jail Management $ 2,480.00 Laura Ruesing Course/Morgan Co. AL Decatur, AL Steve Gobble AMEA: Member Manager/Superintendents $ 707.67 & SAPPA Meeting Fairhope, AL Thomas Groomes ICAC Fire and Arson Investigation Seminar $ 1,850.00 Rueben Poole Destin, Florida Larry H. Williams Fire Chiefs’ Executive Development $ 777.80 Conference 2013 Tuscaloosa, AL Chris Squire Real Time Automation Controller Class $ 2,582.12 Tom Ethridge Destin, FL Commissioner Reading then moved for adoption of Resolution No. 2012-347, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Reading moved for acceptance of an easement from George Edward Trawick necessary for storm drainage improvements at 202 Ruth Street, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Reading moved for acceptance of an easement from Glendell Hason necessary for storm drainage improvements at 103 Ruth Street, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Newsome moved for acceptance of easements from Gwendolyn Hall Box, Craig Boesch and wife, Cheryl Boesch, Paulk Development Company, Lamar Hadden and wife, Willadean W. Hadden (3), Lamar Hadden, Sowell Investments, LLC, Nelson Brokerage, LLC, Robert E. Dean, Jr., RSN, LLC and Vaughn Tower, LLC necessary for water utility improvements on South Saint Andrews Street, motion seconded by Commissioner Baxley and unanimously carried. There being no further business, Commissioner Kirkland 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 /s/Taylor Barbaree, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS