City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING MARCH 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, March 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. Dr. Johnny Fain, First Baptist Church, then led in prayer, afterwhich Commissioner Reading led in the Pledge of Allegiance to the Flag. Commissioner Barbaree moved that the Minutes of the Meeting of February 19, 2013, be approved, motion seconded by Commissioner Baxley and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming the month of March, 2013 as “Wiregrass Museum of Art-Youth Art Month” in the City of Dothan. Joseph Sette, Director, Wiregrass Museum of Art, Amy Ragan, Kara Johnson and Lucy Beasley were present for the proclamation. Commissioner Kirkland introduced Sambora Vaughn. Ms. Vaughn is interested in politics and will be shadowing Commissioner Kirkland today. Commissioner Snellgrove expressed appreciation to Elston Jones, Larry Patrick and staff for an outstanding job they did with the 2013 South Regional Basketball Tournament. Commissioner Barbaree said he received an update on Brannon Stand Road this morning. He said he will be passing that information on to his constituents and hopefully clear up any questions they may have about any future improvements. Commissioner Barbaree said the recent rain washed out part of Flowers Chapel Road. He asked what has been done to fix that permanently. Assistant Public Works Director Charles Metzger said water coming out of the new apartments washed out the edge of the road. He said APAC has come in and put a header curb along that area and is working on the storm drainage as well. Commissioner Baxley said he has received complaints about mosquitoes out at the ball fields. City Manager West said we usually start spraying in April; if we have to start early we will. Mayor Schmitz announced that former Mayor Alfred Saliba’s portrait now hangs in the City Commission Chambers and was placed there by his family during a private ceremony. Mayor Schmitz said he received a letter from Steven Savarese, Executive Director of the Alabama High School Athletic Association, commending the City for the excellent organization, cooperation and hospitality demonstrated in hosting the recent 2013 South Regional Basketball Tournament at the Dothan Civic Center. He said the City of Dothan far exceeded their expectations. Larry Patrick, Leisure Services said we have been after this tournament for a long time. He said Mr. Savarese told us before they left they have found a home. Mr. Patrick said we have a contract for two more years. He said this was a total team effort by several departments, which made the tournament successful. City Manager West reminded everyone of the road work on S. St. Andrews Street as well as N. Foster Street and asked everyone to use caution going through those areas. Minutes of the Board of Commissioners – March 5, 2013, continued. City Manager West announced that the Azalea Dogwood Pageant will be held March 16th in the Dothan Civic Center. He said dates for the Azalea Dogwood Trail will be announced at a later time. Mr. West also announced that the Women’s Pro Classic Tennis Tournament will be April 14-21 at the Westgate Tennis Center. City Manager West reminded everyone that this Sunday, March 10th at 2:00 a.m. we will change to Daylights Savings Time. He said this will also be a great time to change the batteries in your smoke detectors. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. Mr. David Emery, owner of property at 203 Pleasant Drive said he filed an objection because the weeds are neither dangerous nor noxious. He then produced photographs taken this morning that showed the lot had been cut since the time the City took photographs, which was last week. Mayor Schmitz said that is what we want owners to do; clean up their lots. Todd McDonald, Planning Director stated that the City has incurred charges like we do on all properties; we post the signs and advertise. Mr. McDonald said those costs will be passed on. Mr. Emery objected to the costs being passed on. He said he was never told about any costs. He said he knew nothing about it being in the newspaper and it was not in the letter that was sent to him by the City. Commissioner Newsome asked if the sign was placed on the property. Mr. Emery said yes, a couple of days ago. Mr. Emery then said he did not know when the sign was placed on his property. He said he was not there when the sign was placed on the lot or they took the pictures. Commissioner Barbaree said we go through this abatement process almost every meeting. He then suggested that Mr. West and Mr. McDonald sit down with Mr. Emery and explain the process better. He said he would be glad to attend the meeting as well. There being no one else present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2013-46 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Tadlock Management, LLC located at 200 Morgan Street from R-4 District to B-1 District. Commissioner Reading 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 Barbaree then moved for adoption of Ordinance No. 2013-46, 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.” Mayor Schmitz introduced Resolution No. 2013-47 (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 Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-48 (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 2012-324 and 2013-5 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, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-49 (recorded in Ordinance Book No._______at Page_______), requesting that the legislative delegation for the City of Dothan, Alabama introduce and support legislation that will allow the Board of Commissioners to hold a referendum to determine if alcoholic beverages for off- premises consumption may be sold on Sunday’s between the hours of 1:00 p.m. and midnight within the corporate limits of the City of Dothan. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Baxley. At this time, Dr. John Fain said he hoped the Commission had not totally made up Minutes of the Board of Commissioners – March 5, 2013, continued. their mind on this issue. He asked that they do what the Bible says and make Sunday holy. He asked the Commission to postpone this item and pray through it and guard one day so we can honor the Lord. Commissioner Reading said he has been raked over the coals on this issue. He said as a man of color, he takes this personally. Commissioner Reading said he has lived most of his life in Houston County. He said he cannot sit here and say to anyone that they do not have the right to vote. Commissioner Reading said as a man of color, before he could vote, he had to go to the elders in the community and they would verify that he was a good man so he could vote. Commissioner Reading said if they did not give him that recommendation he could not vote. He said if you do not believe in this go back to your community and your church and instill in your parishioners to vote it up or down. Commissioner Reading said this Commission does not have the right to say to anyone they cannot vote. He said that is what this is all about; if they vote it down, then that is it. He said he can go to God and pray for himself. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-50 (recorded in Ordinance Book No._______at Page_______), executing Change Order 3 to the contract with W.L. Hailey & Company, Inc. for the construction of the Little Choctawhatchee Wastewater Treatment Plant Expansion increasing the contract in the amount of $283,967.34 and a final contract amount of $26,810,977.34 and appropriating funds for said change order. Commissioner Reading moved for adoption, motion seconded by Commissioner Barbaree. Commissioner Newsome asked what the completion date was. Mr. Max Mobley with Polyengineering stated that the substantial completion date was May 3, 2012. He said the original portion of the plant was put in service in July, 2011. The project was built in phases and the final inspection and certification of substantial completion was last May. Mr. Mobley said they asked the contractor to look at doing some additional work that came up as a result of part of the final inspection. He said last summer, we had some heavy rains and we decided some additional structural measures were in order to deal with those. Mr. Mobley said it has taken some time to implement that and that is the reason for the difference in the substantial completion date and the final close out date which is today. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-51 (recorded in Ordinance Book No._______at Page_______), increasing the contract with Polyengineering, Inc. to provide engineering services for the Little Choctawhatchee Wastewater Treatment Plant Expansion in the amount of $395,894.00 and a final contract amount of $2,300,869.00 and appropriating funds for said contract increase. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. City Manager West said this includes the development of an Operations Manual for the plant. He said since Polyengineering designed the plant and helped select the equipment we felt they were the best source to put that together. Mayor Schmitz introduced Resolution No. 2013-52 (recorded in Ordinance Book No._______at Page_______), submitting a grant application to the Alabama Department of Environmental Management through the Alabama Recycling Fund in the amount of $298,500.00 to assist with the City’s recycling efforts . Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-53 (recorded in Ordinance Book No._______at Page_______), declaring a 1997 Ford Crown Victoria as surplus and no longer needed for public or municipal purposes and authorizing the transfer of the vehicle to the Town of Grimes. Commissioner Reading moved for adoption, motion seconded by Commissioner Newsome. Commissioner Barbaree said it might be time to have another meeting with local vendors about the bidding process for the City of Dothan. He said he has received a lot of calls about how we determine and award bids. Mr. West said we try to reach out several times a year and have sessions for small businesses on how to bid with the City. He said we will work on that. There being no further discussion the resolution was unanimously adopted. Minutes of the Board of Commissioners – March 5, 2013, continued. Mayor Schmitz introduced Resolution No. 2013-54 (recorded in Ordinance Book No._______at Page_______), Submitting the 2012 Annual Sludge Report to the U.S. Environmental Protection Agency. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Snellgrove. Mr. William Miller said he lives on Watson Bridge Road and owns a farm out there. He said the Omussee Creek follows his property line approximately 2500 feet going north. Mr. Miller said he talked with a city engineer the other day about the sludge out on Old Webb Road that goes down into the creek. He said he knows we have had a lot of rain and it has come down and washed the grass off of the sludge and it has gone down into the creek. Mr. Miller said he has photos to prove it. He said he did not come here to cause problems; he came to try to solve the problem. Mr. Miller said when he walks down past his property, about a mile north of it; you can smell the sewer water. He said when he talked to the engineers they said they will have to figure out what to do about it. Mr. Miller said on the following Monday a supervisor from the City called him and told him she had walked that property and there was nothing going on over there and there was no smell. He said that is like calling him a liar. Mr. Miller said he knows managers have to take a lot of heat, but you do not have to hang up on someone. He said if this city has a problem and you call her, you have a real problem then because she does not want to talk to you about it. Mr. Miller said he then called the EPA. The EPA sent him a letter back and told him they are going to investigate it. He said he did not want to do that but he did not know where else to turn. Mr. Miller said the EPA said they would contact the City. He said EPA also contacted the river keeper for the Chattahoochee River. Mr. Miller said this person then sent him an email that said the City of Dothan has so many deficiencies with their sludge that it is pathetic and the he would investigate it. Mr. Miller said we have water wells out there and where Omussee Creek goes across Watson Bridge Road, Mr. Peoples has an artesian well, which is not 25 feet deep. Mr. Miller said that water will eventually go down and get in our water table. He said that is what he came to say. Mayor Schmitz asked City Manager West to look into this. Mr. West said he and Billy Mayes are already looking into it. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-55 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City. ITEM VENDOR AMOUNT Schutt 2793PT Softball Batting C & M Sporting Goods $ 26.95 ea. Dothan, AL Positive Displacement Water Consolidated Pipe $ 32.00 Meters with option of 4 year Montgomery, AL Renewal Meter size 5/8” x1/4” 1,000 quantity of complete units (more or less)-$32.00 T-10 Neptune Positive Displacement Water Consolidated Pipe $ 78.00 Meters with option of 4 year Montgomery, AL Renewal Meter size 1” 300 quantity of complete units (more or less)-$78.00 T-10 Neptune Positive Displacement Water Consolidated Pipe $ 263.00 Meters with option of 4 year Montgomery, AL Renewal Meter size 2” 50 quantity of complete units (more or less)-$263.00 T-10 Neptune Total for all types $68,550.00 Note: Copy machines were bid as a bundled package; however NO COPY MACHINE VENDOR submitted a discounted bid for the bundle. Bids awarded do not necessarily represent purchases. Single bids for copy machines are as follows: Xerox 5335 Workcentre Black Conner Business $ 80.00 per month Copier 3 year lease Dothan, AL plus maintenance Cost per copy $.0055 Minutes of the Board of Commissioners – March 5, 2013, continued. Cannon ir Adv. 4035 with Muller Communications $172.00 per Networking & Wi-Fi Black Dothan, AL month plus Copier 3 year lease maintenance cost Per copy $.006 Sharp MX-5110 N Color Copier US Business Products $182.56 per with Networking & Wi-Fi Dothan, AL month plus 3 year lease maintenance cost of $.007 black & $.042 color Copies Xerox 7545P Workcentre Color Conner Business $185.24 per Copier with Networking, Fax Dothan, AL month plus 3 year lease maintenance cost of $.007 black & $.042 color Copies Xerox 7545P Workcentre Color Conner Business $164.95 per Copier with Networking Dothan, AL month plus 3 year lease maintenance cost of $.007 black & $.042 color Copies Sharp MX-5110 N Color US Business $182.56 per Copier with Networking & Wi-Fi Dothan, AL month plus 3 year lease maintenance cost of $.007 black & $.042 color Copies Xerox 7556P Workcentre Color Conner Business $248.04 per Copier with Networking & Wi-Fi Dothan, AL month plus maintenance cost of $.0054 black & $.04 color Copies Xerox 7556P Workcentre Color Conner Business $191.42 per Copier with Networking Dothan, AL month plus maintenance cost of $.0054 black & $.04 color Copies Xerox 7556P Workcentre Color Conner Business $211.72 per Copier with Networking & Fax Dothan, AL month plus maintenance cost of $.0054 black & $.04 color Copies Xerox 7556P Workcentre Color Conner Business $199.90 per Copier with Networking & 3 Dothan, AL month plus Hole Punch maintenance cost of $.0054 black & $.04 color Copies Xerox 7555P Color Copier Conner Business $387.10 per with Networking & Wi-Fi Dothan, AL month plus 3 year lease maintenance cost of $.0046 black & $.039 color Copies Xerox 7555P Color Copier Conner Business $330.48 per with Networking & 3 Hole Dothan, AL month plus Punch maintenance cost of $.0047 black & $.039 color Copies Xerox 7555P Color Copier Conner Business $350.77 per with Networking & Fax Dothan, AL month plus maintenance cost of $.0046 black & $.039 color Copies Xerox 7555P Color Copier Conner Business $330.48 per with Networking & 3 Hole Dothan, AL month plus Punch maintenance cost of $.0046 black & $.039 color Copies Savin C5502 Color Copier Muller Communications $404.00 per with Networking & Wi-Fi Dothan, AL month plus 3 year lease with option to purchase maintenance cost of $.006 black & $.06 color Minutes of the Board of Commissioners – March 5, 2013, continued. Copies Savin C5502 Color Copier Muller Communications $395.00 per with Networking Dothan, AL month plus 3 year lease with option to purchase maintenance cost of $.006 black & $.06 color Copies Sharp MX 6240N Color Copier US Business $577.32 per with Networking Printing & Wi-Fi Dothan, AL month plus 3 year lease with option to purchase maintenance cost of $.008 black & $.055 color Copies Savin C5502 Color Copier Muller Communications $423.00 per with Networking & Fax Dothan, AL month plus 3 year lease with option to purchase maintenance cost of $.006 black & $.06 color Copies Savin C5502 Color Copier Muller Communications $437.00 per with Networking & 3 Hole Punch Dothan, AL month plus 3 year lease with option to purchase maintenance cost of $.006 black & $.06 color Copies 2013 F350 Cab and Chassis Ben Atkinson Motors $ 25,757.00 w/options upgrade 4 wheel drive Tallassee, AL one or more 2013 Police Patrol Cars (Black Hometown Motors $ 121,595.00 Marked Car) Spotlight, Vinyl Opelika, AL Floor, Rear Seat & Full Size Spare Dodge Chargers five or more $24,319.00 each. State Contract $4012399T191L Line 04 Coke Products for Concessions Coca-Cola, Inc. $ 12,000.00 Alabama Tennessee Atlanta, GA Repairs to expansion joint on CPR $ 16,523.46 Water World wave pool Jacksonville, FL Commissioner Snellgrove then moved for adoption of Resolution No. 2013-55, motion seconded by Commissioner Kirkland. Commissioner Baxley expressed appreciation to Charlotte Langford and Angela Palmer for looking into the copier issues he brought up a couple of times and the work they did on it. In regard to the pool, Commissioner Newsome said there is a $500 deductible on insurance and $1600.00 listed for repairs. He said he is concerned about the quality of work that is going to be done. Ernie Stokes, Engineer for the City of Dothan stated that the guarantee was negotiated after he got the prices. He said he did not have time to get it into the package. Mr. Stokes said we will have a five year materials and workmanship guarantee before we issue them the purchase order. Commissioner Newsome asked if the warranty of the work is included in what we got. Mr. Stokes said the five year warranty will be included in that. He said they normally do one year, but he negotiated it up to five years at no additional cost. Mr. Stokes said we will be getting documentation for that before we issue a purchase order. City Manager West asked if every time they come is there something in there that states they are going to charge us $500.00. Mr. Stokes said no; if we ask them to give us an insurance policy that is in our name and we are not named as an additional insured then that will be $500.00. He said we do not anticipate doing that. We will be an additional insured on their policy. Commissioner Newsome said he wanted to make sure we are well covered because we expect that to be operating for years and we do not want to find we have an additional $500.00 each time we turn around. Mr. Stokes said we are not going to ask for an additional policy for the city we will be named as an additional insured of theirs at no additional cost. In regard to the Coke Products for Concessions, Commissioner Barbaree asked if this is for the Civic Center. Mr. West said yes. Commissioner Barbaree asked what Coca-Cola does in our arena. Mr. West said they maintain the equipment associated with their product. He said if the scoreboard has Coke listed on it then they maintain it. Commissioner Barbaree said Coke is getting a lot of marketing off Minutes of the Board of Commissioners – March 5, 2013, continued. our arena. He said they are getting a lot of market brand value off the fact that we are selling their products for them in our arena. Commissioner Barbaree needs to look at partnerships in terms of dollars like we did with Knology at Rip Hewes Stadium where they paid to have their name on the taxpayers’ field. He said that needs to come into play when you start negotiating contracts with a company like this. Commissioner Barbaree said he has people ask him why we do not have Pepsi products sold in our arena. He said he would like to see companies do more in our city and give more back. Charlotte Langford, Purchasing Agent for the City of Dothan said we do sell Pepsi products at Water World and other locations. She said we had more than usual at the Civic Center because of the sellout of different events held recently. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-56 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Dewayne Saxon Clandestine Lab Investigation $ 806.00 Chad Hammack Meridian, MS Tom Davis Cade Wells Cooper Institute Physical $ 2,720.00 Rebecca Jewell Fitness Specialist Course Peachtree City, GA Maurice A. Eggleston Media Management $ 1,016.92 Peachtree City, GA Ken Rice 2013 Spring Seminar Alabama $ 680.24 Chapter of Solid Waste Association of North America Orange Beach, AL Randall Brazzelle 2013 Spring Seminar Alabama $ 1,272.94 Shelby Cunningham Chapter of Solid Waste Association of North America Orange Beach, AL James Stewart Alabama Rural Water Association $ 1,133.72 Annual Technical Training Conference Montgomery, AL Roy Woodham Polygraph Seminar $ 2,405.00 Doug Magill Pigeon Forge, TN Tim Mullis Billy R. Mayes 2013 Apalachicola-Chattahoochee- $ 443.42 Flint Stakeholders Meeting Apalachichola, FL Philena Reaves Alabama Municipal Revenue Officers $ 816.75 Certification Training Institute Tuscaloosa, AL Commissioner Reading then moved for adoption of Resolution No. 2013-56, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Reading moved to approve a claim by Maxine Clark, motion seconded by Commissioner Snellgrove. Commissioner Baxley asked that in the future all of the litigation cost be put on these so we know the full amount that was actually paid out. Commissioner Snellgrove said if we are going to do that we need to put on there how much they were asking for to start with. There being no further discussion, motion and second to approve the claim was unanimously carried. Commissioner Reading moved for acceptance of an easement from Tommy Ferguson needed for storm drainage improvements in the 200 block of Carl Street, motion seconded by Commissioner Kirkland. Commissioner Reading asked if this finalizes the whole project. Mr. West said yes. There being no further discussion motion and second to accept the easement was unanimously carried. There being no further business, Commissioner Baxley moved that the meeting be adjourned, motion seconded by Commissioner Barbaree and upon the unanimous Minutes of the Board of Commissioners – March 5, 2013, continued. 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