City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JUNE 3, 2014 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 3, 2014 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., Albert Kirkland, John Ferguson, Taylor Barbaree and Hamp Baxley. Also present were City Manager Michael West, City Clerk Tammy Danner, Assistant City Clerk Wendy Shiver 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 Kirkland led in the Pledge of Allegiance to the Flag. Commissioner Kirkland moved that the Minutes of the Meeting of May 20, 2014, be approved, motion seconded by Commissioner Ferguson and unanimously approved. Commissioner Barbaree, along with Mayor Schmitz and Commissioner Kirkland, recognized 2014 Alabama Municipal Electric Authority scholarship winners Joseph Hoekenga of Dothan High School, Anna Loftin of Northview High School and Tristan Thompson of Providence Christian School. Ms. Loftin was present for the recognition. Regarding an ongoing problem with dogs getting loose from their owner’s residence on Stringer Street, Commissioner Dorsey thanked Sergeant Adrienne Woodruff for Animal Services’ assistance with finding these dogs. He also expressed appreciation to Major Steve Parrish for initiating the foot patrol in District 1 and around the City. Commissioner Dorsey requested that the Planning Department and Legal Department conduct a study on payday lending and check cashing businesses. Commissioner Kirkland said he and his wife were fortunate enough to recently spend a few weeks in China and Tibet. He said the visit was great and he is glad to be back home! Commissioner Ferguson announced Doug Tew Community Center is open today as a voting precinct. In response to complaints he has received, Commissioner Ferguson requested a meeting be scheduled with the Traffic Engineering Division to discuss possible solutions to improve the traffic flow at the Fortner Street and Ross Clark intersection. Commissioner Barbaree thanked the Mayor and Commission for their assistance with getting Alabama Department of Transportation (ALDOT) to cut the grass along Highway 84 West this past week. Commissioner Barbaree said attention needs to be given to the intersection of Highway 84 West and Brannon Stand Road where traffic backup continues to be a problem. He said ALDOT is not going to resolve the problem and the City needs to take the lead. He gave examples of other intersections where these types of problems have been rectified with the City’s involvement. He said everyone needs to make sure our state leaders do the job they were sent to do for our city. He said Dothan has the largest traffic count in southeast Alabama and it is unfair we do not receive our part to get the job done. Commissioner Barbaree invited City Manager West, Public Works Director Jerry Corbin and the media to view the morning traffic backup occurring at the intersection of Highway 84 West and Brannon Stand Minutes of the Board of Commissioners – June 3, 2014, continued. Road. He said the grass along Brannon Stand Road has not been cut in over a year and this is in violation of our weed ordinance, but as our city attorney has informed us, the State is immune from our own ordinances. He asked how we can enforce our City ordinances when the State of Alabama will not take care of business? Commissioner Barbaree said he attended “Sesame Street Live” at the Dothan Civic Center on Saturday, May 24th, and he expressed disappointment that the arena was not filled to capacity. He said citizens have requested quality, family productions and we need to do our part to enjoy them. He thanked Performing Arts Director Marshall Perry for bringing this production to Dothan. He added that citizen input is needed on all issues to include intersections, roads and the civic center. Commissioner Baxley encouraged everyone to vote today. Mayor Schmitz announced Dothan City Schools (DCS) held their graduations on Saturday, May 31st and he was proud to be a part of the ceremonies. He said we have some incredible young people and there are a large percentage going on to higher education. He said good things are happening in DCS! Mayor Schmitz said a wonderful event was held at Sunset Memorial Park on Monday, May 26th in honor of Memorial Day. He said there was a large turnout, and he thanked the Commission for attending. He relayed stories told by some of those in attendance and said the Wiregrass has a rich history of serving our Country. Mayor Schmitz said the AMBUCS project was started approximately three years ago in our community and it allows kids and adults with disabilities the opportunity to ride bicycles. He said he is proud of the members of the Dothan Fire Department who put these bikes together and the members of the Dothan Police Department who he has witnessed assisting kids with riding their bikes at Westgate Park. He said this is what community is all about. Mayor Schmitz thanked the Commission and the City for allowing us to have the U.S.-China Manufacturing Symposium. He said a company, which makes cotton goods and is interested in building a plant in the United States, visited our community last week. He said company representatives toured the area and met with local farmers and cotton gin owners. Mayor Schmitz said that without the commitment of this community and the Commission we would not have had this opportunity. Regarding the dogs on Stringer Street, City Manager West invited Major Parrish and Sergeant Woodruff to provide an update. Major Parrish, on behalf of the Police Department, apologized to Revered Harold McKissic for the issues he brought forth at the Administrative Meeting held on May 20th. Sergeant Woodruff provided a time line of activities conducted by Animal Services to include identifying the owner of the loose dogs, proving these are the dogs that bit Revered McKissic, working with the Legal office to put the case together and then finding the owner who has since moved from the location. She said Reverend McKissic obtained a summons against the owner yesterday and they are now awaiting court. City Manager West requested Planning Director Todd McDonald explain two changes that were made to the Community Development Block Grant (CDBG) resolution. Mr. McDonald said one of the proposed sidewalk projects was found not to be located in the required low to moderate income benefit area, and with the assistance of Public Works, the project was re-scoped for the same amount of money. He said the other project involves funding for the Neighborhood Restoration Corporation (NRC). He said several Commission members expressed dissatisfaction with NRC’s past performance and therefore, the request is for the money to be held by the City for implementation subject to the Commission’s approval. Minutes of the Board of Commissioners – June 3, 2014, continued. City Manager West announced the Fats, Oils and Grease (FOG) surveys will be mailed Friday, June 6th to all food providers. He said staff members will visit all the food preparation sites over the next few months in order to prepare the background information related to the various food service establishments and determine what will be needed to comply with the ordinance once passed. Commissioner Barbaree said that publicly we need to do a better job of making these establishments aware that the FOG ordinance was not initiated by the City, but rather, is being required by the Feds. City Manager West agreed and said we will do a better job explaining this. He said a major cause of sanitary sewer overflows is oil and grease in the lines and one of the requirements by the Environmental Protection Agency (EPA) under the Administrative Order on Consent is for the City to put in motion a program that requires food service providers to control the amount put in the system. City Manager West announced the Special Olympics team is going to the National Special Olympics in New Jersey on June 14th for one week. He said this event will involve football, cycling, tennis and golf. City Manager West announced the Poplar Head Farmer’s Market will start Saturday, June 14th. City Manager West announced the Dothan City Landfill will close on June 16th. He said this closure will not impact any curbside residential service. City Manager West said Hurricane Season began yesterday. He advised everyone to be prepared and heed warnings. City Manager West announced the City will hold a bidder’s seminar on Thursday, June 19th from 1:00 p.m. to 5:00 p.m. to assist interested companies in the enrollment process. Regarding the FOG program, City Manager West confirmed for Commissioner Newsome that the restaurant operators will be notified prior to someone visiting their establishment. Commissioner Barbaree asked who will enforce the FOG ordinance? City Manager West said two staff members from the Planning Department’s Permits and Inspections Division will work with businesses to meet the requirements of the ordinance. Mayor Schmitz introduced the application of Wafa I. Rabei for a Retail Beer and Table Wine License (off premise) for Selma Street Market, located at 1351 Selma Street. Commissioner Newsome moved for approval, motion seconded by Commissioner Ferguson and unanimously carried. Mayor Schmitz introduced the application of Jennifer Williams for a Lounge Retail Liquor License, Class I (on or off premise) for Plum Lounge, located at 1186 Montgomery Highway. Commissioner Newsome moved for approval, motion seconded by Commissioner Dorsey. Commissioner Ferguson noted that there are issues with this application as well as a history of problems at this location. He strongly encouraged the Commission to consider this before voting. Commissioner Baxley asked the applicant if she is familiar with the issues occurring at this location. Ms. Williams said she was here before this and she is now the new owner. Commissioner Ferguson acknowledged that there is an existing church located in the adjoining shopping center. Major Parrish said the direction taken by the Commission in the past is to only view church structures when considering alcohol license requests because churches located in shopping centers are generally temporary in nature. Mayor Schmitz said he believes the history of Plum Lounge causes a concern with this request. Ms. Williams said she wants her establishment to be for adults and not children. Commissioner Dorsey said he has spoken with the applicant on numerous occasions and he found her to be upstanding. He said only three out of the twelve neighbors surveyed oppose the request and he has not received any phone calls on this request. He said Ms. Williams is well respected in the community and the issues that happened in the past were not under her leadership. Mayor Schmitz said the Commission would like to make the applicant aware that should this request be approved today and Minutes of the Board of Commissioners – June 3, 2014, continued. past issues reoccur, this request will be readdressed at that time. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome and Barbaree; “nay:” Kirkland, Ferguson and Baxley. The motion was carried by the majority of four "yeas" to three “nays.” Mayor Schmitz announced a Public Hearing regarding the proposed CDBG 2014 Projects and the Reprogram Funds. Altha Newman of the Boys and Girls Club of Hawk-Houston spoke about the club’s founder, mission and programs. She discussed ways CDBG grant money helps their organization fulfill their goals and improve the community. She invited everyone to tour their facility and thanked the Commission for their continued support. There being no further discussion, Mayor Schmitz declared the Public Hearing closed. 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 Resolution No. 2014-134 (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 July 1, 2014. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-135 (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 Dorsey moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-136 (recorded in Ordinance Book No._______at Page_______), approving the 2014 Community Development Block Grant projects. Mayor Schmitz read the two amendments to this resolution. These amendments were explained by Mr. McDonald earlier in the meeting. Commissioner Newsome moved to amend the resolution, motion seconded by Commissioner Ferguson and unanimously carried. Commissioner Baxley then moved for adoption of the resolution as amended, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-137 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Professional Group, LLC, for the City’s Electric, Water and Wastewater Utilities Cost-of-Service and Rate Design Study at a cost not to exceed $34,995.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-138 (recorded in Ordinance Book No._______at Page_______), entering into an inter-local purchasing cooperative agreement with Houston County, Dothan City Board of Education and Houston County Board of Education to let joint bids. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Commissioner Barbaree expressed appreciation to Houston County Chief Administrative Officer Bill Dempsey and Houston County Board of Education Superintendent Tim Pitchford for being in attendance today. Mayor Schmitz said this agreement is a good thing for our County. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-139 (recorded in Ordinance Book No._______at Page_______), approving Settlement with EPA and ADEM in the amount of $264,000.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Mayor Schmitz said this is a good day for the City of Dothan as this settlement resolves the lawsuit we have been in for many Minutes of the Board of Commissioners – June 3, 2014, continued. years. He said we can now move forward and continue working toward resolving the issues. He said he is proud of City Manager West, our staff and the Commission. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-140 (recorded in Ordinance Book No._______at Page_______), rescinding Resolution No. 2014-52, awarding the bid and entering into a contract with Hilton Cooper Contracting, in the amount of $81,645.00 for the 2218 Ross Clark Circle sanitary Sewer Project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson asked if vendors are required to provide bid documentation at the time a bid is placed. City Manager West said that while some documentation is provided at the time of bid, other documentation, such as insurance, is provided at the time the contract is executed. Commissioner Ferguson confirmed that Majestic Homes and Chatham Construction, LLC submitted a bid bond and asked if it will cover the difference in the bid amounts. Mr. Corbin explained the bid bond is basically a security for the bid to be held until the contract is executed, which has not happened in this case because the low bidder was unresponsive in submitting the required documentation. He said both bids were considerably under the budget estimate for this project. Commissioner Barbaree asked where Hilton Cooper Contracting is located and Mr. Corbin said Clayton, Alabama. Commissioner Barbaree said someone from Hilton Cooper Contracting should have been present today. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-141 (recorded in Ordinance Book No._______at Page_______), approving the purchase of house and property at 852 Campbellton Highway at a price not to exceed $106,300.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson. Commissioner Newsome asked if the appraisal value of this house has been determined to be accurate. City Manager West noted that there were some renovations completed to the house before the appraisal and that this request is for an amount not to exceed the appraisal value because there may be multiple offers on the property. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-142 (recorded in Ordinance Book No._______at Page_______), approving a Notice of Intent, National Pollutant Discharge Elimination System permit application and permit fee of $1,155.00 for the construction of improvements to Flowers Chapel Road. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Kirkland. City Manager West said this is the next step in being able to bid this project. Mr. Corbin said the consultant is making the final review changes and barring any unforeseen issues with the design, the project may be advertised as soon as it is allowed. Commissioner Barbaree said this is a great example of a problem the Commission took on with the help of your resources which were allocated in order to make this job possible. He said these improvements help not only with safety but also with stimulating the economy by providing work to local companies. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-143 (recorded in Ordinance Book No._______at Page_______), applying for and accepting funding from the United States Department of Justice, Bureau of Justice Assistance 2014 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $35,479.00, $28,383.20 for the City of Dothan and $7,095.80 for Houston County, for the purchase of law enforcement technology advancement and equipment. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-144 (recorded in Ordinance Book No._______at Page_______), submitting an application to the Alabama Department of Economic and Community Affairs for grant assistance from the Recreational Trails Program in the amount of $100,000.00 to be used to construct nine miles of trails and construct three trailheads on the Forever Wild property and Minutes of the Board of Commissioners – June 3, 2014, continued. agreeing to place in reserve $25,000.00 to fulfill the City’s contribution to this project. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Baxley. Commissioner Barbaree thanked Mayor Schmitz, the Commission and Leisure Services for their work with this project. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-145 (recorded in Ordinance Book No._______at Page_______), appointing Lisa Lovett as a member of the Houston-Love Memorial Library Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-146 (recorded in Ordinance Book No._______at Page_______), re-appointing Ted Hall as a member of the Houston-Love Memorial Library Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-147 (recorded in Ordinance Book No. _______at Page_______), awarding the following bid over $15,000.00 by the City. ITEM VENDOR AMOUNT Complete Digital Chlorine Southeast Water Systems See Price In Cylinder Scales: Ashford, AL Description Quantity: 12 (more or less) Unit Price: $1,635.00 Total Price: $19,620.00 Delivery Time Quoted: 2 to 3 weeks; Manufacturer/Model Quoted: DCS302 Eagle Dual Cylinder Chlorine Scales W/ E1-500 Dual Indicator Commissioner Baxley then moved for adoption of Resolution No. 2014-147, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2014-148 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Keith Gaster SEAFC Annual Leadership Conference $ 1,447.64 Knoxville, TN Pete Webb SEAFC Annual Leadership Conference $ 1,275.00 Knoxville, TN Darryl Matthews EEOC Birmingham Two Day Technical $ 879.80 Assistance Seminar Birmingham, AL Brian W. Smith Take BED Robot to manufacturer $ 630.18 Jeremy Wallace for maintenance and repairs Clinton, TN Brian W. Smith Hazardous Devices School Advanced $ 794.00 Electronics Huntsville, AL Walter Johnson ADPH/FBI WMD Conference—White $ 100.00 Powder Letter Montgomery, AL Mamie McCory Alabama Jail Association $ 20.00 Stephanie Johnson Montgomery, AL Angie Lowe Special Olympics National Games $ 390.00 Tony Thorne Princeton, NJ Minutes of the Board of Commissioners – June 3, 2014, continued. Commissioner Kirkland then moved for adoption of Resolution No. 2014-148, motion seconded by Commissioner Barbaree and unanimously carried. There being no further business, Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Baxley and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Tammy Danner, City Clerk Approved: /s/Mike Schmitz, Mayor /s/Kevin Dorsey, Associate Commissioner /s/Amos M. Newsome, Jr., Associate Commissioner /s/Albert Kirkland, Associate Commissioner /s/John Ferguson, Associate Commissioner Taylor Barbaree, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS