City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING FEBRUARY 5, 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, February 5, 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. Reverend Mark Lily, Cloverdale United Methodist Church, then led in prayer, afterwhich Commissioner Snellgrove led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of January 15, 201 3, be approved, motion seconded by Commissioner Reading and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming February, 2013 as “American Heart Month”. Michael Jackson, The DeBois Institute and Denise Pippen were present for the proclamation. In regard to GovDeals, Commissioner Newsome said in 2008 we netted $203,575.00 from GovDeals, but in 2010, we netted only $43,000.00 and in 2011, only $68,000.00. Commissioner Newsome said in 2012, we netted $103,000.00 and asked why our net was down in 2010 and 2011. City Manager West said the only reason he could think of was the number of items we put out there to sell. Mr. West said because of the economy, it slowed down some of our purchasing and replacing of vehicles, which is our main source of revenue there. He said this is the first year we are back up to the full $2 million in replacements. Mr. West said we had cut back $500,000.00 and had actually reduced that and he had allocated money quarter by quarter to make sure that the revenue was coming in before we could spend it. Commissioner Newsome said we are on the road for another losing year because we have only sold a little more than $300.00. Mr. West said the Commission just approved the latest list that will be posted on GovDeals to sell. Commissioner Kirkland expressed appreciation to Randy Morris and his staff for the cleanup of the Civic Center; it looks much better! Commissioner Kirkland announced that Pastor Mark Lily will be moving to Panama City in June and expressed appreciation to him for praying for us many times. Commissioner Snellgrove said we are truly thankful that the hostage situation ended like it did and Ethan is safe. He said tomorrow is Ethan’s birthday and wished him a “Happy Birthday”. Mayor Schmitz concurred. Mayor Schmitz said we are grateful that prayers were answered. He expressed appreciation to Mr. West, Police Chief Greg Benton and our entire safety team for being there throughout the entire ordeal. Mayor Schmitz said this is an incredible community to live in because when we have challenges we come together, help each other and support each other. At this time, Charles Metzger, Assistant Public Works Director introduced Marion Waters, Frances Campbell and Jay Bockisch with Gresham, Smith and Partners who gave an Intelligent Transportation System Presentation before the Commission. After the presentation, Commissioner Barbaree said the architecture study did not say anything about proper lighting. He said we have several major roadways and thoroughfares in Dothan that are not lit property. Mr. Metzger said the study was mostly transportation oriented. He said the lighting is an issue we need to address as a city as well as Ross Clark Circle, 231 North or Highway 84. Commissioner Barbaree said in discussions with ALDOT, an architectural study of this nature would be considered more highly than him just saying that we need Minutes of the Board of Commissioners – February 5, 2013, continued. lighting on roadways. He said this is something to consider. Mr. Metzger said he would be glad to look at it. Commissioner Reading said we just had a work session last weekend. He said we are sitting on a ticking time bomb here in Dothan with the railroad. Commissioner Reading said in his district you have Headland Avenue, North Cherry Street, Range Street, and Lake Street. There are times when train blocks all those crossings at once. He said he has seen emergency vehicles have to back up and make a u-turn in the middle of the street. Mr. Metzger said that one of the long- term goals of the architecture is having coordination with the railroad and railroad crossings and having an idea that can be sent back to either traffic management or E-911 center so they know which ones and what routes they can and cannot take. He said that will tie in with the ADL as far as routing police and fire. Commissioner Reading said whenever he calls Sarah and tells her the railroad has traffic blocked, in about five minutes, we get results. He said when you complain to CSX Railroad you get some results. Commissioner Reading asked if there is any way we can make the coordination with the railroad on those major arteries. Commissioner Newsome asked if the railroad is on board with ITS with the federal government and also within city limits. Mr. Metzger said yes. City Manager West introduced Mark Tanner and Dan Cooper with Tuscaloosa Testing Laboratories who gave a presentation regarding the groundwater at the City’s landfill. Mr. West stated that Mr. Tanner and Mr. Cooper will be set up in his conference room after the Commission meeting to answer questions. At this time, George Harris, lobbyist for the City of Dothan was present to give his quarterly update. Commissioner Reading asked Mr. Harris what results he gets when he talks about the Pemco property. Mr. Harris said that property has a lot of potential and that type of industrial property is attractive. He said one of the things we need to look at is what, if any, additional infrastructure or upgrades need to be done to the property to make it even more attractive for the type of industry you are looking for. Mayor Schmitz expressed appreciation to Mr. Harris for his work. City Manager West reminded everyone of the construction on S. St. Andrews Street and also on N. Foster Street. He encouraged everyone to take precaution while traveling through those areas and if possible take another route. Mr. West announced that on February 19th the Regional Alabama State High School Basketball Association Tournament will be held at the Dothan Civic Center. Mr. West also announced that on February 8, beginning at 6:30 p.m. at the Dothan Miracle Field Complex there will be a Miracle Celebration in honor of the safe return of Ethan and in memory of Mr. Charles Poland and his heroic efforts. Mayor Schmitz congratulated City Manager West and his staff. Yesterday, it was announced that the County and City received $13 million for ATRIP. Mayor Schmitz introduced the application of Bulut Kartal for a Restaurant Retail Liquor License for Nektar, located at 161 East Main Street. Commissioner Newsome moved for approval, motion seconded by Commissioner Reading and unanimously carried. Mayor Schmitz introduced the application of Ritesh Mohan for a Restaurant Retail Liquor License for Taj Indian Restaurant and Barbecue, located at 3102 Ross Clark Circle. Commissioner Newsome moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced the application of David Michael Croft, D/B/A A.T.A. Investigation Firm for a Private Investigator’s License, located at 653 County Road 519, Headland, Alabama. Commissioner Reading moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz announced a Public Hearing regarding the demolition and removal Minutes of the Board of Commissioners – February 5, 2013, continued. of unsafe structures. There was one appeal filed by Mr. Ben Barrak regarding 105 Morgan Street. Mr. Barrak was present and asked for more time to finish the renovation of the building. He said his wife is in California awaiting surgery. Mr. Barrak said he does not live here so he is traveling back and forth to arrange for the work to be done. Commissioner Baxley asked when the fire occurred on this property. Mr. Barrak said three or four months ago. Mayor Schmitz told Mr. Barrak as long as he is moving forward with the renovations the City would work with him. Commissioner Reading asked Mr. Barrak how much time he would need. Mr. Barrak said about five months. Commissioner Newsome said the fire occurred over three months ago, but a permit has not been obtained. Mr. Barrak said he had someone lined up for the work, but his wife became ill and he was not able to be here. Also, the Fire Department was doing an investigation and did not give him permission to go into the building for two and a half months. Commissioner Newsome then asked Mr. Barrak how long that had been. Mr. Barrak said about a month and a half ago. Mayor Schmitz said we will continue to move forward. He said we prefer Mr. Barrak do what he says he is going to do and he will be fine. Mr. West said we will be ready to do demolition in four or five months so Mr. Barrak will need to have begun renovations within thirty days so we see there is some progress being made. Ms. Betty Harrison was present to speak regarding 2250 Woodham Road. Ms. Harrison asked the Commission for more time to work on this property. Mayor Schmitz asked Ms. Harrison to meet with the City Manager after the meeting to discuss this. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2013-17 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by SRM Properties, LLC located on the south side of Coe Dairy Road in the 1400 and 1500 blocks from H-I District and B-2 District to R-A District. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Snellgrove and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Barbaree then moved for adoption of Ordinance No. 2013-17, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2013-18 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Houston County Health Care Authority located at 1206 Columbia Highway from L-I District to B-2 District. Commissioner Newsome 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. 2013-18, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Reading, Newsome, Kirkland, Snellgrove, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced a proposed ordinance, declaring property located on Burdeshaw Street as surplus and no longer needed for public or municipal purposes and conveying the property to the Dothan Downtown Redevelopment Authority to be used for a senior citizens development project. 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:” Newsome. Without unanimous consent for immediate consideration, the proposed ordinance will be placed on the next commission agenda for approval. Mayor Schmitz introduced Resolution No. 2013-19 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Lose and Minutes of the Board of Commissioners – February 5, 2013, continued. Associates, Inc. for the Phase I development of the James O. Oates Park in the amount of $365,476.80 and appropriating funds for said design. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Kirkland. City Manager West explained that when the original proposal was done the staff had asked Northstar Engineering to look and see if the two ponds there could be classified as wetlands. They have determined that they would be and will require additional work in terms of permitting through the Corp of Engineers and providing all of the documentation. The estimated cost for that project has been added to this, which explains the $10,000.00 difference. Commissioner Reading said we have a lot of big money projects that are coming up and a lot of bids going out. He said many times the big money projects will have three and four change orders and sometimes the original low bidder ends up getting paid more; which is the case with this one. Commissioner Reading asked if there is anything we can put in writing that says you bid on it with only “x” amount of change orders. He said it always escalates. Mr. West said we pick professional engineering firms based on their experience and qualifications. He said one of the big problems we are going to have with any of our park projects is that once it is designed and it is made public there is a tendency sometimes for people to want to see some changes. He said every time you do a change that costs you more money. Mr. West said once we get the preliminary design of the park with all of the details we all have to avoid the temptation of wanting to move things around. Commissioner Newsome said we have a lot of engineers. He said when we have a large project like this would it be difficult to have an engineer assigned to monitor the development on a daily or weekly basis to ensure that what we want will be what we get at the end. Mr. West said we will do that; Engineer Ernie Stokes will work hand in hand with them to site their progress and to raise issues to us of things that come along. Commissioner Barbaree said this is happy day for him personally and a great day for our city. He said in 2007, Commissioner Paul Lee, along with several other people formed a committee at the request of former Mayor Pat Thomas to find a tract of land. There were several pieces of property proposed and this piece of property was decided upon. Commissioner Barbaree said he is grateful to the Commission and to our citizens for allowing us to move one more step further with the implementation of this design. He said he looks forward to seeing this park come to fruition in the near future. Commissioner Newsome said he is grateful for the City of Dothan and particular for the people in District 2 and now the people in District 1 for the design of Andrew Belle’s pool. He said that has been in the making from the day he came on the commission, almost ten years ago. Commissioner Newsome said we are finally getting to the point where we will hopefully have a design and an additional pool to serve three of our projects; Johnson Homes, McRae Homes and Martin Homes as well as the Gussie McMillon Park area, Lakeview and Acid Plant Hill. Commissioner Newsome said he is very grateful for that. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-20 (recorded in Ordinance Book No._______at Page_______), moving the District 6B polling location from the Northside Cinema One Building located at 3595 Ross Clark Circle to the Wiregrass Commons Mall Community Room located at 900 Commons Drive. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-21 (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 Reading moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-22 (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 2012-186 and 2012-239 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 Reading moved for adoption, Minutes of the Board of Commissioners – February 5, 2013, continued. motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-23 (recorded in Ordinance Book No._______at Page_______), 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 Kirkland moved for adoption, motion seconded by Commissioner Snellgrove. Ms. Elsie Campbell was present to speak on this item and presented the Commission with pictures relating to pets; their safety and welfare. Ms. Campbell said she is in favor of all projects; all things good that make this town grow. She said a dog park is not for dogs; it is for people and the dogs are invited. Ms. Campbell said there will be rules, laws and good things. She said it will be amazing what this park will do for our city because it is a positive thing. Ms. Campbell invited everyone to “ Bark in the Park” on April 20th. Mayor Schmitz stated that he City is also building restrooms and a pavilion at Eastgate Park that has been needed for a long time. He said we are leveraging that money and getting a grant. 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:” Newsome. The motion was carried by the majority of six “yeas” to one “nay.” Mayor Schmitz introduced Resolution No. 2013-24 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Motorola for maintenance of the Motorola Astro 7.4 800 MHz P25 radio system at a cost of $23, 230.28 per month for a three year period. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Kirkland. City Manager West said we have had over three years of free service, based on negotiations with Motorola. We realized that the contract ended December 31, 2012. Mr. West said they have been providing maintenance to us all along. He said the long term plan is to train a staff member. By doing this, we think we can cut this cost over half. Mr. West said in this contract there is a clause that lets us amend it on a thirty day notice based on the acquisition and training of staff. He said with the old system, they could not talk to one another at the intersection of 231 North and the Ross Clark Circle. This system has brought us into the 21st century and has been a great acquisition for the city and has provided interoperability among various law enforcement agencies. The 911 District Board has purchased radios for the other agencies. Mr. West said this has worked out well for us. Commissioner Barbaree said when we went to the Motorola system it was kind of controversial. The EF Johnson system did not work inside the south side Walmart. Commissioner Barbaree said the Motorola system we use today for public safety has a lot of moving parts to it, but what it has done is allowed other agencies to interact with our public safety. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-25 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a tapping sleeve, valve and water line for the remodel of an existing business on Reeves Street. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-26 (recorded in Ordinance Book No._______at Page_______), appointing Steve Hodge as a member of the Dothan Municipal Housing Code Abatement Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-27 (recorded in Ordinance Book No._______at Page_______), appointing Jim Freeland as a member of the Planning Commission. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-28 (recorded in Ordinance Book No._______at Page_______), appointing Ronald J. Tindall as a member of the Minutes of the Board of Commissioners – February 5, 2013, continued. Planning Commission. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-29 (recorded in Ordinance Book No._______at Page_______), reappointing Critt Snellgrove as a member of the National Peanut Festival Association, Inc. Board of Directors. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-30 (recorded in Ordinance Book No. _______at Page_______), approving a purchase over $15,000.00 by the City. ITEM VENDOR AMOUNT Other Purchases: Trial Expert Schoel Consulting Engineering $ 10,664.38 Claim Number 2002758 Company, Inc. Birmingham, AL Commissioner Snellgrove then moved for adoption of Resolution No. 2013-30, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2013-31 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Scott Heath Bomb Squad Commanders Course $ 566.36 Huntsville, AL Eddie Henderson LEACT Conference - Accreditation $ 408.00 Training Chattanooga, TN Pam McCoy 2013 Alabama League of $ 775.00 Municipalities Annual Convention Montgomery, AL Adrian Crittenton 2013 Municipal Magistrates Orientation $ 30.00 Montgomery, AL Adrian Crittenton 2013 Municipal Magistrates Orientation $ 30.00 Montgomery, AL Adrian Crittenton 2013 Municipal Magistrates Orientation $ 30.00 Montgomery, AL Adrian Crittenton 2013 Municipal Magistrates Orientation $ 30.00 Montgomery, AL Jamie Quattlebaum Alabama Rural Water Association Annual $ 1,357.75 Donnie Bedsole Technical Training Conference Montgomery, AL Justin Dodson Alabama Police Academy Center $ 5,650.00 Caleb Gilmore Selma, AL Robert Locascio Timothy Traynham Robin Turner Alan Rhodes Crisis Hostage Negotiations Level 1 $ 1,825.00 Brandon Peters Bay Minette, AL Gregory Benton FBINAA 2013 Conference $ 1,655.65 Orlando, FL Carlton Ott FBINAA 2013 Conference $ 1,655.65 Orlando, FL Stacy Robinson FBINAA 2013 Conference $ 1,655.65 Orlando, FL Pat Parker Nursing 2013 Symposium $ 2,938.00 Amy Roselius Las Vegas, NV Minutes of the Board of Commissioners – February 5, 2013, continued. Terry Paramore IMSA Renewal – Traffic Signal Level II $ 740.00 Powder Springs, GA Stephen Munson IMSA Renewal – Signal and Marking $ 605.00 Level II Powder Springs, GA Laura Ruesing Jail Management Course $ 720.00 Gentry Danzey Dothan, AL Bradley Beatty Kenneth Thomas Billy Mayes A.W.E.A. 36th Annual Conference $ 696.07 Orange Beach, AL Kenneth Passante Aerial 2 Class $ 1,250.00 Ocala, FL Commissioner Reading then moved for adoption of Resolution No. 2012-31, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz announced the re-appointment of David Jamison as a member of the Housing Authority Board of the City of Dothan. Commissioner Newsome commended Mr. Jamison for his service to the city and said he is glad Mr. Jamison has agreed to continue to serve on this board. Mayor Schmitz concurred. There being no further business, Commissioner Barbaree moved that the meeting be adjourned, motion seconded by Commissioner Baxley 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