City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JUNE 4, 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, June 4, 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. Pastor Greg Wilmore, Victory Baptist Church, then led in prayer, afterwhich Commissioner Reading led in the Pledge of Allegiance to the Flag. Commissioner Reading moved that the Minutes of the Meeting of May 7, 2013, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Mayor Schmitz presented and read a certificate of recognition, recognizing the month of June, 2013 as “Dads Matter Month” in the City of Dothan. Jason Williams was present for the proclamation. Commissioner Snellgrove asked everyone to remember the Oklahoma families in their prayers. Commissioner Barbaree said there was a great turn out last night for the District 5 Forum regarding Flowers Chapel Road. He expressed appreciation to Police Chief Greg Benton, the IT Department, the Fire Department, and Mayor Schmitz for being there; also, to Highlands Elementary School for allowing the meeting to be held there. Commissioner Baxley asked the community to keep the family of Stanley Thornell in their prayers. He was a long time District 6 resident who passed away this morning. Commissioner Baxley wished his brother Keener Baxley a happy birthday in Birmingham! Mayor Schmitz said he had dinner with representatives from Commercial Jet. He said they have hired over 70 people and already have a plane at the airport. Mayor Schmitz said there are still a lot of improvements that have to be completed and will take several months. He said they are very impressed that we are doing what we said we would do and are very excited about their future. Mayor Schmitz expressed appreciation to the Commission for allowing the City Manager and himself to travel to Korea and parts of China. Mayor Schmitz said they attended 35 meetings in eight days and met with over 60 manufacturing companies. He said China is looking to invest in the United States and we have proved in Alabama that we can build world class products. Mayor Schmitz said we have more prospects now than we had before we left. City Manager West, along with Fire Chief Larry Williams, presented Dothan Fire Battalion Chief Johnny Givens a service award for twenty-five years service with the City of Dothan. Dothan Fire Captain Sean Gibson, along with Fire Chief Larry Williams presented the 2013 Paramedic of the Year Award to Sergeant Jody Medley, and the 2013 John T. Ingram EMT of the Year Award to Sergeant Tim Driscoll. Minutes of the Board of Commissioners – June 4, 2013, continued. City Manager West announced that a new revised PAL Program (Police Athletic League) kicked off last night as a joint partnership between the Police Department and Leisure Services at Wiregrass Park. City Manager West announced that ADEM will hold Public Hearing this Thursday night at 6:00 p.m. in the Dothan Civic Center regarding the renewal of our existing Landfill permit, which is up for renewal. City Manager West also announced the City of Dothan will participate in a Career Fair on July 24, 2013 at Ft. Rucker. Mayor Schmitz introduced the application of Dhaval Patel for a Retail Beer and Table Wine License (off premise) for Raceway #6927, located at 1581 Ross Clark Circle. Commissioner Kirkland moved for approval, motion seconded by Commissioner Snellgrove and unanimously carried. Mayor Schmitz introduced the application of Michael Miller for a Lounge Retail Liquor License, Class I (on or off premise) for The Recovery Room, located at 2155 East Main Street. Commissioner Newsome moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Ordinance No. 2013-148 (recorded in Ordinance Book No. _______at Page_______), Ordering an election to be held in the City of Dothan, Alabama on Tuesday, August 6, 2013, and a second or run-off election, if necessary, on September 17, 2013, for the purpose of electing a Mayor and Associate Commissioners for Districts 1, 2, 3, 4, 5, and 6, and for Board of Education Chairman and Members for Districts 1, 2, 3, 4, 5, and 6. 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. 2013-148, 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 Ordinance No. 2013-149 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 83, Stormwater of the Code of Ordinances by adding Article II, Stormwater Management. Commissioner Reading 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 Reading then moved for adoption of Ordinance No. 2013-149, motion seconded by Commissioner Kirkland. City Manager West said this is a model ordinance put together by Alabama Department of Environmental Management and meets all of the requirements of the Clean Water Act adopted by the federal government. This ordinance will put us in compliance with all of those regulations and will make sure we do not have any future environmental issues with ADEM or the EPA. Commissioner Newsome said this is a very good ordinance and should there be any need for any adjustments down the road we can amend this ordinance. City Manager West said for the most part, this does not change anything that the contractors and developers are required to do. There being no further discussion a nd 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. 2013-150 (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 Minutes of the Board of Commissioners – June 4, 2013, continued. public hearing to be held on the matter during the regularly scheduled commission meeting on July 16, 2013. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-151 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred for the demolition of substandard structures determined to be nuisances by Resolution Number 2012- 291 and turning the costs over to the County Tax Collector so that the amounts can be added to the next regular bills for taxes levied against the respective lots and parcels of land. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-152 (recorded in Ordinance Book No._______at Page_______), adopting a Long Range Plan for the City of Dothan Water System. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Reading. Commissioner Reading said he is glad to see this administration finally addressing our long range water needs. Mayor Schmitz said the Commission held a work session regarding this and had an engineering firm do a study and make this recommendation we are adopting. He said it is a fifty year plan. We hope to grow and hope we will have enough water for everyone. Mayor Schmitz said we have talked about this for a long time and he is proud that some action is finally being taken on this issue. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-153 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Polyengineering, Inc., of Dothan, Alabama, to provide engineering consulting services at a cost not-to- exceed $200,000.00 to locate a well site, prepare plans, and specifications, and perform other related work for constructing a deep water well located in the Tuscaloosa Formation including a pilot study to determine the best water treatment process to utilize this source of water for a potable water system. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-154 (recorded in Ordinance Book No._______at Page_______), appropriating funds, awarding a bid, entering into a contract, and issuing a Notice of Award, Notice to Proceed, and other related documents to L&K Contracting Company, Inc. for Sewer Easement Clearing for the sum of $385,113.75. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-155 (recorded in Ordinance Book No._______at Page_______), approving Change Orders 2, 3, and 4 to the contract with APAC Mid-South, Inc. for construction of an entrance road for the new Alabama College of Osteopathic Medicine, making the final adjusted contract price $1,143,614.00. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-156 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation for the installation of approximately 616 linear feet of PVC and ductile iron sanitary sewer pipe and three (3) sanitary sewer manholes to be installed on the right of way of U.S. Highway 231. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Reading and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-157 (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 DIP water line on Montgomery Highway (U.S. Highway 231 N) for a new business (Gander Mountain, 5035 Montgomery Highway). Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-158 (recorded in Ordinance Book No._______at Page_______), entering into a Permit Agreement with Wiregrass Minutes of the Board of Commissioners – June 4, 2013, continued. Housing II, Inc., for installation and maintenance of water meters at Wiregrass Rehab II located at 590 Burkett Road. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-159 (recorded in Ordinance Book No._______at Page_______), agreeing to transferring 51 acres to Forever Wild Land Trust and committing to build the trails and manage the properties for Forever Wild. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Kirkland. City Manager West said the City of Dothan participated in the development of this site for submission to the Forever Wild agency. The City’s only cost would be the 51 acres that we are donating. Mr. West said all other costs associated with the accumulation of land that may be purchased would be funded by Forever Wild. He said the development of the site will be minimal because it is forever wild. You can have walking and bike trails, but none of them can be developed in terms of asphalt, etc. Mayor Schmitz said we want to grow Dothan and continue to get the manufacturing and aviation jobs. He said we have several land owners that are willing to work with us and Forever Wild is going to meet with them. Mayor Schmitz said right now we are in the beginning stages and are not there yet. He said our goal is to save 400 acres in Dothan forever; for our children and grandchildren to have a place to walk in the woods and maybe have soft biking trails. Mayor Schmitz said it is important that we maintain the green space for our kids. He said he is proud we looking into doing this. Commissioner Reading said not one dime of taxpayers’ money is being spent purchasing land. He said it is important that everyone know this. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-160 (recorded in Ordinance Book No._______at Page_______), approving Change Order No. 1 and Summary Change Order to the contract with L&K Contracting, Inc. for the construction of the Beaver Creek Sanitary Sewer Crossing Replacement, increasing the contract cost by $1,586.11 to $404,148.11. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-161 (recorded in Ordinance Book No._______at Page_______), appropriating $130,000.00 to Troy University to assist with the construction of a second entrance for the Dothan Campus off Brannon Stand Road. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove. Mayor Schmitz this is a great thing; it has been needed for a long time. He expressed appreciation to the State and County for participating as well as Troy University. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-162 (recorded in Ordinance Book No._______at Page_______), accepting a grant award from the Alabama Homeland Security Program through the Houston County Emergency Management Agency in the amount of $5,580.73 for overtime and fuel cost for the Regional 2 First Responder training exercise and appropriating funds for said grant award. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-163 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Housing Authority of the City of Dothan, Alabama to continue the Public Housing Drug Elimination Program by providing police officers for assignment at the public housing developments for a one-year period at an estimated cost of $541,206.70 with $175,000.00 being reimbursed to the City. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Newsome. Commissioner Reading said this is money well spent and he is glad we are able to get it. Mayor Schmitz said this is well needed and he is proud we are receiving it also. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-164 (recorded in Ordinance Book No._______at Page_______), executing Change Order 1 to the contract with Saliba Construction Company, Inc. for the Renovations and Additions to Eastside Minutes of the Board of Commissioners – June 4, 2013, continued. Fire Station Project resulting in a decrease of $25,312.51 and a final contract amount of $670,257.49. Commissioner Snellgrove moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-165 (recorded in Ordinance Book No._______at Page_______), entering into an Agreement for Grading and/or Landscaping on Right of Way with the Alabama Department of Transportation for the installation of landscaping in certain medians of U.S. Highway 431 North. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-166 (recorded in Ordinance Book No._______at Page_______), entering into a Cooperative Maintenance of Public Right of Way Agreement with the Alabama Department of Transportation for the landscaping of certain medians of U.S. Highway 431 North. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-167 (recorded in Ordinance Book No._______at Page_______), entering into an Agreement for Grading and/or Landscaping on Right of Way with the Alabama Department of Transportation for the installation of landscaping in certain medians of U.S. Highway 84 West. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Snellgrove and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-168 (recorded in Ordinance Book No._______at Page_______), entering into a Cooperative Maintenance of Public Right of Way Agreement with the Alabama Department of Transportation for the landscaping of certain medians of U.S. Highway 84 West. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-169 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Corvias Campus Living-Dothan, LLC for the installation and maintenance of water meters at ACOM Residential Apartments located at 120 Andrew Still Court. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland. Mayor Schmitz said these are the apartments located next to the Medical School that are designed strictly for the medical students. He said a private company built them and they are one hundred percent rented. Commissioner Newsome encouraged everyone to go out and take a look at the apartments. He said they are beautiful and are nicely located. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-170 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation to perform necessary maintenance to utility lines along AL/US Route No. 210 beginning at Milepost No. 0.00 and ending at Milepost No. 7.06. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-171 (recorded in Ordinance Book No._______at Page_______), entering into an agreement and accepting funding from the United States Marshals Service in the amount of $399.00 for the reimbursement of overtime expenses incurred during participation in the Joint Law Enforcement Operations Task Force, Sex Offender Investigations, Operation Wiregrass Guardian and appropriating funds for said reimbursement. Commissioner Reading moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-172 (recorded in Ordinance Book No._______at Page_______), entering into an Agreement and a Memorandum of Understanding with the Dothan City Board of Education for the deployment of School Resource Officers upon receipt of grant funding. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland. City Manager West said this is part of the grant approved by the Commission at the last meeting. Minutes of the Board of Commissioners – June 4, 2013, continued. If we get the grant for the school resource officers we have to show the COPS Program that the schools are willing to take those officers. There being no further discussion the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2013-173 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City and appropriating funds for said bids: ITEM VENDOR AMOUNT Body Armor; Level II Concealable Azar’s Uniforms $ 480.00 ea. With 2 vest carriers with tails- Dothan, AL Armorshield USA Tactical/Raid Vest Carrier for $ 115.00 ea. Level II Body Armor-Armorshield USA Body Armor: Level III A Entry Tactical Gulf States Distributors $1,217.25 ea. Body Armor – PACA CIIA-2 Montgomery, AL Cab & Chassis-2014 International Coffman International $ 178,300.86 4300 Terex Hi Ranger TC55 Dothan, AL Used Tractor Truck 6 x 4 Truck Worx Kenworth $ 38,000.00 Sterling 04AC Terra Dothan, AL Mosquito Insecticide Fogger- Clarke Mosquito $ 10,293.58 Clarke Grizzly Smartflow II Roselle, IL With GPS Three (3) or more FC 300, S Read Southeastern Data $ 4,590.00 ea. Radios with Bluetooth Huntersville, NC One (1) or more Five Bay Multi- $ 1,699.00 ea. Dock, 10/100 Ethernet, Power Supply Built In and Power Cord Other Purchases: Professional Services Lyle Sumek Associates $ 15,161.11 Palm Coast, FL Remove Existing Roof and Hathcock Roofing & Remodeling $ 28,306.55 Install new roof at Dothan, AL Westgate Recreation Center 20 year Manufacturer’s Warranty and a 5 year Workmanship Warranty Frozen Food, Condiments and US Foods $ 35,000.00 Supplies for Concessions Montgomery, AL through US Communities Co-operative Property Insurance Flowers Insurance Agency $240,443.00 June 1, 2013-May 31, 2014 Dothan, AL Waterproofing at the North Side Concrete Preservation & Repair, LLC $ 24,686.00 Hallway of the Civic Center Arena Jacksonville, FL Commissioner Snellgrove then moved for adoption of Resolution No. 2013-173, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2013-174 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Tim Mullis IPTM Background Investigations/ $1,470.00 Police Applicant Jacksonville, FL Jamie Quattlebaum 68th Annual AWPCA “Short Course” $1,233.84 Pat Leonard Conference Andy Watson Montgomery, AL Charles Metzger 2013 Annual Meeting of the Alabama $1,090.00 Section ITE Gulf Shores, AL Minutes of the Board of Commissioners – June 4, 2013, continued. Mark Kight Alabama Electric Cities 2013 Annual $1,083.00 Meeting Orange Beach, AL Casey Back Alabama Police Academy Center $ 150.00 Ronnie J. Anderson Selma, AL Alicia Hansen Benjamin Parnell Joshua Crunk Joshua Tye Johnny Glover Amanda Barron SUGA 25th Annual Education & Training $1,272.00 Conference Lake Buena Vista, FL Steve Gobble 2013 SCADA Workshop by Survalent $2,819.08 Christopher Squire Technology Charlotte, NC Donny Smith Supervising-Managing Internal Affairs, $1,649.60 Doug Magill Managing Citizen Complaints & Employee Discipline Nashville, TN Tonja Minnifield Current Issues Involving Municipal Court $ 484.26 Practice and Procedure Hoover, AL Ronnie Anderson National Association of School Resource $ 700.00 James Matheny Officer Safer Schools Conference Scott Ruddock Orlando, FL Eddie Henderson GPAC Summer Conference $1,111.04 Young Harris, GA Billy R. Mayes ACF Stakeholders Governing Board $ 327.88 Meeting Columbus, GA Becky Edwards Property Room Management Training $ 794.04 Seminar Winter Haven, FL Thomas Price Basic Drug Investigation $ 50.00 Birmingham, AL Jason Miller NCIC Full Certification Class $ 120.00 Melissa Woods Andalusia, AL William Phares FGIA Basic Gang Course $ 304.00 Michael Woodside Milton, FL Commissioner Barbaree then moved for adoption of Resolution No. 2013-174, motion seconded by Commissioner Snellgrove and unanimously carried. Commissioner Kirkland moved to accept an easement from Lynn H. McAdams needed for Sanitary Sewer Improvements at 1961 East Cottonwood Road, motion seconded by Commissioner Snellgrove and unanimously carried. Commissioner Reading moved to approve a claim filed by Elisha Rhodes, motion seconded by Commissioner Snellgrove and unanimously carried. There being no further business, Commissioner Barbaree 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: Minutes of the Board of Commissioners – June 4, 2013, continued. Approved: Mike Schmitz, Mayor 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