City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JANUARY 15, 2013 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, January 15, 2013 with the following members present: Mayor Mike Schmitz, Associate Commissioners James H. Reading, Amos M. Newsome, Jr., Albert Kirkland, Critt Snellgrove, Taylor Barbaree and Hamp Baxley. Also present were City Manager Michael West, City Clerk Pam McCoy, Administrative Assistant Tammy Danner, who recorded the Minutes of the Meeting, and the local news media representatives. Mayor Schmitz called the meeting to order. Delvick McKay, Personnel Director, then led in prayer, afterwhich Commissioner Kirkland led in the Pledge of Allegiance to the Flag. Commissioner Barbaree moved that the Minutes of the Meeting of December 18, 2013, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming January 17, 2013 as “Public Education Day for the City of Dothan”. Tami Culver, President, Dothan Education Foundation and other representatives were present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming February 6, 2013 as “Houston County Gives Day”. Julie Gonzalez, Wiregrass Area United Way Food Bank and other representatives were present for the proclamation. Commissioner Reading wished Ann Varnum a “Happy Birthday”! Commissioner Kirkland commended the Police Department for standing beside the family of one of their own. Officer Mark Foster passed away on Christmas Eve and the Police Department, along with other law enforcement personnel showed tremendous support by attending the funeral. Commissioner Snellgrove welcomed Mayor Schmitz back from his vacation in Africa. He also commended Leisure Services for an outstanding job with the “Hoops Classic” held in December at the Dothan Civic Center. At this time, Mayor Schmitz introduced Vanessa Harris, President and CEO of Ladi Vee’s Etiquette and Consulting. Ms. Harris announced that “Fashion Week Dothan” will be held February 22-24, 2013 at the Courtyard by Marriott. She stated that the focus of this event will be to ensure that all school age children learn the importance of having good manners and knowing proper etiquette. Ms. Harris invited everyone to attend. Veterans of Foreign Wars Presentations were given by Mr. Ed Pritchard and Commanders Mike Nairo and John McNair to Sergeant Eddie Henderson, Law Enforcement Officer of the Year; Thomas Brown, Firefighter of the Year (accepted by Chief Larry Williams) and Tommy Morris, EMT of the Year. Larry Patrick, Leisure Services stated that the Downtown Hoops Classic held at the Civic Center last month was a great success! Mr. Patrick said we believe we will be able to give the schools back more money than we have given. He expressed appreciation to the public and to the sponsors for their great support of this event. City Manager West said several years ago we received a half million dollar grant to do streetscaping work on Foster Street. He said the contract was let in December and that work will begin January 21st. The first item will be replacing a very old water line. Mr. West said there will be some disruptions and work going on in that area; however, he encouraged everyone to continue to shop and support businesses in that area. Minutes of the Board of Commissioners – January 15, 2013, continued. City Manager West announced that Monday, January 21st is Martin Luther King Day and there will be numerous activities going on around the City. City offices will be closed in observance of the holiday. Residents who normally have their garbage picked up that day will have it picked up on Wednesday. There will be no trash pickup that day, but Environmental Services will make every effort to have it picked up by the end of the week. City Manager West stated that the City’s annual Strategic Planning Session will be next week; Thursday, Friday and Saturday at the Wiregrass Museum of Art. Department Heads will meet with Lyle Sumek on Thursday. Mr. Sumek will meet with the City Commission on Friday and Saturday. Commissioner Snellgrove said Mr. West was one of the main instigators of bringing the Hoops Classic Tournament back to Dothan so he deserves a lot of credit for that. Mr. West said he had a lot of help and support. Mayor Schmitz introduced the application of Ricardo Galindez for a Restaurant Retail Liquor License for La Fresco, located at 800 Airport Drive, Suite 9. Commissioner Kirkland moved for approval, motion seconded by Commissioner Barbaree. Commissioner Reading said this applicant has too much baggage; therefore, he cannot support this. Mr. Galindez said he has been managing this store for 3½ years under the supervision of Rafael Clemente who owns Dante’s Pizza. Mr. Galindez said he came to Dothan six years ago. He had a drug problem and was arrested nine times. Mr. Galindez said he has not had a drink or drug since October 18, 2006. He said he has made something of himself. He is married with a 2½ year old son and has regained custody of his 17 year old daughter who attends school in Dale County. Mr. Galindez said the airport administration knows him and they renewed the lease in October. He said he applied for this license so not to leave everything in Mr. Clemente’s name. Mr. Galindez said La Fresco will be a hometown restaurant. He said while he was living in Atlanta, he was homeless. The day he came to Dothan he had left a crack house and went to rehab at the Haven. Mr. Galindez said he completed the program and got a sponsor. He said today, he is clean, and asking for an opportunity. Commissioner Reading said he believes in second chances. He said this is a golden opportunity and he then asked Mr. Galindez if he could handle being around alcohol. Mr. Galindez said yes he could. He said there was alcohol at the current restaurant. Mr. Galindez said they stopped serving alcohol in October when the lease expired and now he is trying to put everything in his name. Commissioner Reading asked Mr. Galindez if he could assure him that he is going to be a good neighbor. Mr. Galindez said yes. In regard to the arrest made by the Dothan Police Department, Commissioner Newsome asked Mr. Galindez to explain it. Mr. Galindez said he failed to show up in court. He had run a stop sign and was also given a noise ordinance violation ticket. Mr. Galindez said he went to court and paid the fine. There being no further discussion the application was unanimously approved. Mayor Schmitz introduced the application of Mauro Cisneros Ramirez for a Lounge Retail Liquor License for Imperio Night Club, located at 2970 East Main Street. Commissioner Newsome moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2013-1 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Richard Guest/RG Properties LLC located in the 200 block of Trawick Road from R-A District to A-C District. Commissioner Baxley moved for immediate consideration, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2013-1, motion seconded by Commissioner Snellgrove and upon the motion being put to Minutes of the Board of Commissioners – January 15, 2013, continued. vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2013-2 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Bill Head/Country Corner LTD located on the north side of Westgate Parkway between Fay Lane and Briarcliff Road from R-1 District to B-3 District. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Reading and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2013-2, motion seconded by Commissioner Reading and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2013-3 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Houston County Health Care Authority located at 502 Cowarts Road from A-C District to O-I District. Commissioner Newsome moved for immediate consideration, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2013-3, motion seconded by Commissioner Reading. Commissioner Snellgrove asked if this is the property where the medical school is going. Mr. West said yes; this is a portion of the property they purchased from the church. He said there is a building on the property they would like to move into temporarily while the medical school is completed. Commissioner Barbaree asked the time line of the completion of the road improvements. Mr. West said we figured it will be finished by June. He said that will depend on the weather. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2013-4 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 6, Alcoholic Beverages, Article I. In General, Section 6-4, Consumption of alcohol brought onto premises or “brown bagging” to allow the consumption of alcohol brought onto premises or “brown bagging” when certain conditions are met. Commissioner Baxley moved for immediate consideration, motion seconded by Commissioner Barbaree and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Baxley then moved to amend Ordinance No. 2013-4 by deleting the second paragraph in Section 6.4 beginning with “The Board of Commissioners” all the way through the last paragraph (No exception granted hereunder shall be transferable” and replace that language with “The National Peanut Festival Fairgrounds are hereby exempt from this ordinance”, motion seconded by Commissioner Barbaree and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” Newsome. The motion was carried by the majority of six “yeas” to one “nay.” Commissioner Baxley then moved to approve Ordinance No. 2013-4 as amended, motion seconded by Commissioner Barbaree and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” Newsome. The motion was carried by the majority of six “yeas” to one “nay.” Mayor Schmitz introduced Resolution No. 2013-5 (recorded in Ordinance Book No._______at Page_______), declaring certain properties which are overgrown Minutes of the Board of Commissioners – January 15, 2013, continued. 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 Baxley. Commissioner Barbaree said the abatement process we have is slow going but it works. He said the house on Woodleigh Drive that he has mentioned to the Commission has been rebuilt and is up for sale. Commissioner Barbaree said he is grateful for the abatement process we have because some towns and municipalities do not have anything. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-6 (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 March 5, 2013. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-7 (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 2012-252 and 2012-308 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 Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-8 (recorded in Ordinance Book No._______at Page_______), approving Change Order No. 1 to the contract with Stuart C. Irby Company for the FCC Licensed Ethernet Radio Communications System Project extending the contract duration by eighty-one calendar days. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree. City Manager West said in order to get the radio frequency you have to have a license from the FCC. He said that took longer than anticipated and was no fault of the contractors. Mr. West said this does not change the amount of the contract it just took that long to get a license from the FCC. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-9 (recorded in Ordinance Book No._______at Page_______), approving Change Order No. 2 to the contract with Stuart C. Irby Company for the Pump Station Controller, Level Sensing Devices and Remote Terminal Unit Project extending the contract duration by eighty-one calendar days. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-10 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the United States Department of Justice, through the United States Marshals Service, for reimbursement of overtime costs in the amount of $12,300.00 for officers working Gulf Coast Regional Fugitive Task Force cases and appropriating funds for said reimbursement. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-11 (recorded in Ordinance Book No._______at Page_______), entering into a Mutual Aid Agreement with Fort Rucker - Fire and Emergency Services Division to provide reciprocal support in the form of personal services and equipment required for fire prevention, the protection of life and property from fire, firefighting, hazardous material containment, and emergency services support. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-12 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Wiregrass Electric Cooperative, Inc. for the collection of the City’s mandatory service charge for the collection, hauling and disposing of refuse. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome. City Manager West said this is a part of our effort to touch base with customers with the new garbage fee who are not on our utility system. He said they have electricity with Wiregrass Minutes of the Board of Commissioners – January 15, 2013, continued. Electric and they have agreed to do 85 cents per bill per month. Mr. West said they will collect that and remit it to us. He said this will allow us access to their base of customers who reside in the city but do not get water, sewer or electricity from the City of Dothan. Mr. West said we attempted to do the same thing with Alabama Power, but they have a policy against that. He said Commissioner Baxley and himself spoke to someone he knew there and they told us that their legal department would not approve any such arrangement. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-13 (recorded in Ordinance Book No._______at Page_______), entering into a confidentiality agreement with Wiregrass Electric Cooperative, Inc. regarding information received for the purpose of levying and collecting a service charge for the collection, hauling and disposing of refuse. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Barbaree expressed appreciation to Brad Kimbro with Wiregrass Electric for their partnership in this. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-14 (recorded in Ordinance Book No._______at Page_______), approving the payment of invoices for the month of December, 2012 in the amount of $10,297,611.10. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-15 (recorded in Ordinance Book No. _______at Page_______), approving purchases over $15,000.00 by the City. ITEM VENDOR AMOUNT Other Purchases: 43 @ $1,743 each Fujitsu Tablets- Pinnacle Networx $ 74,949.00 Mobile Data Terminal for Police Eclectic, AL Department Patrol Division State Contract T507 Professional Services Matter Baker, Donnelson Bearman, $ 5,400.00 001 Project Number 850310 Caldwell & Bekowitz 5,250.00 Atlanta, GA $ 10,650.00 Claim Number: 2002959 CV R. Austin Huttaker, Jr., $ 3,344.83 2005-005044.00 for Rushton, Stakely, Johnston & S & S Development company Garrett Montgomery, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2013-15, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2013-16 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Britni Connell Special Olympics Sectional Swim Meet $ 802.00 Angie Lowe Tuscaloosa, AL Jonathan Thomas Fire/Arson Fatality Fire Scene Investigation $ 854.32 Robert Cole Columbiana, AL Angela Palmer 107th GFOA Annual Conference $ 3702.00 Lisa Reeder San Francisco, CA Brandon Peters Crisis Negotiations – Level 1 $ 2560.00 Adam Davis Jacksonville, FL William Wozniak Police K-9 Magazine HITS $ 1668.00 Jonathan Whaley Conference 2013 St. Louis, MO Eddie Henderson CALEA Conference – Accreditation $ 1352.00 Training North Charleston, SC Minutes of the Board of Commissioners – January 15, 2013, continued. Tom Davis FBI Basic SWAT Course $ 865.00 Pete Markow Mobile, AL Sammie Hancock Commissioner Reading then moved for adoption of Resolution No. 2013-16, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Reading moved for acceptance of an easement from Jessie Newsome Pugh necessary for storm drainage improvements at 207 Carl Street, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Newsome moved for acceptance of an easement from Dorothy Mae Spears necessary for storm drainage improvements at 1740 Persimmon Street, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Kirkland moved for acceptance of an easement from Hason Kirkmaz necessary for traffic signal improvements at 584 North Oates Street, motion seconded by Commissioner Newsome and unanimously carried. There being no further business, Commissioner Reading moved that the meeting be adjourned, motion seconded by Commissioner Kirkland and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Pam McCoy, City Clerk Approved: /s/Mike Schmitz, Mayor /s/James H. Reading, Associate Commissioner /s/Amos M. Newsome, Jr., Associate Commissioner /s/Albert Kirkland, Associate Commissioner /s/Critt Snellgrove, Associate Commissioner /s/Taylor Barbaree, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS