City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JULY 1, 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, July 1, 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, Assistant City Clerk Wendy Shiver who recorded the Minutes of the Meeting, and the local news media representatives. City Clerk Tammy Danner was absent. Mayor Schmitz called the meeting to order. Delvick McKay, Personnel Director, then led in prayer, afterwhich Commissioner Barbaree led in the Pledge of Allegiance to the Flag. Mayor Schmitz thanked Commissioner Barbaree for attending the recent Alabama Municipal Electric Authority (AMEA) meeting. Commissioner Baxley moved that the Minutes of the Meeting of June 17, 2014, be approved, motion seconded by Commissioner Barbaree and unanimously approved. Mayor Schmitz welcomed back John Taylor with WWNT Radio and said we are grateful you are doing well! Mayor Schmitz presented and read a proclamation, proclaiming the first Monday in June every year as “Lineman Appreciation Day” in the City of Dothan. Dothan Utilities Director Billy Mayes, Electric Operations Superintendent Chris Phillips, General Line and Service Supervisor Mark Kight and City of Dothan Linemen were present for the proclamation. Commissioner Dorsey thanked Planning Director Todd McDonald and the department’s team for doing a great job on weed abatement. He said the work is shown throughout the community. Commissioner Dorsey announced a community forum to be held on Thursday, July 10th at Adams Beverage Conference Room. He said this meeting is for the Napier Field/Northside Dothan area. Commissioner Kirkland recognized Dothan Utilities linemen for their quick response in District 3 during the City’s last storm event. Commissioner Barbaree recognized Joseph Hoekenga of Dothan High School as a 2014 Alabama Municipal Electric Authority scholarship winner. He provided additional information regarding Mr. Hoekenga’s background and qualifications. Commissioner Barbaree thanked Commissioners Baxley and Ferguson for presenting two of the three scholarships to Anna Loftin of Northview High School and Tristan Thompson of Providence Christian School. Commissioner Barbaree recognized Dothan Utilities for hosting a lineman workshop for all AMEA member cities. He thanked Mr. Mayes and City Manager West for spearheading this continuing education seminar. City Manager West announced City offices will be closed on Friday, July 4th and there will be no sanitation collection on this date. Garbage and recycling collection will be rescheduled for Wednesday, July 2nd. There will be no make-up day for trash collection. City Manager West reminded everyone that there are cooling stations available at the City’s recreation centers to provide relief from the heat if needed. Minutes of the Board of Commissioners – July 1, 2014, continued. City Manager West announced that, while the pool at Doug Tew Recreation Center is open, the building will be formally opened on July 14th. Mayor Schmitz introduced the application of Latonya Myles for a Retail Beer and Retail Table Wine License (off premise) for Da View Mini Mart and Deli, located at 2225 Lake Street. Commissioner Dorsey moved for approval, motion seconded by Commissioner Barbaree. Commissioner Kirkland noted some issues with the applicant’s background and said he is not in favor of the request. Commissioner Newsome said the review of the application revealed multiple names and more than one social security number (SSN). He asked Ms. Myles what name she is using on her identification at this time and she replied “Myles.” Commissioner Newsome asked what is this name and Ms. Myles replied that it is her maiden name. He asked which SSN is hers. Ms. Myles said her SSN was changed in 2004 for personal reasons. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Dorsey; “nay:” Schmitz, Newsome, Kirkland, Ferguson, Barbaree and Baxley. The motion was denied by the majority of six “nays” to one “yea.” Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. Commissioner Dorsey said he has noticed a lot of homes and lots do not have address numbers posted. He expressed a concern regarding emergency response time and requested that something be put out to the public to help with this matter. City Manager West confirmed with Fire Chief Larry Williams that posting of address numbers is a requirement of the E911 ordinance. Chief Williams said he and Police Chief Greg Benton will work together on a public reminder of this requirement. There being no further discussion, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz announced a Public Hearing regarding the demolition and removal of unsafe structures. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2014-160 (recorded in Ordinance Book No. _______at Page_______), authorizing the issuance of the City’s General Obligation Warrants in the aggregate principal amount of $10,705,000.00 for the refinancing of the Called 2005 General Obligation Warrants. Commissioner Baxley moved for immediate consideration, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Baxley then moved for adoption of Ordinance No. 2014-160, motion seconded by Commissioner Barbaree and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz said this is a good job resulting in a savings of $899,880.00. Commissioner Newsome asked a question concerning the interest rate rising to 5% in future years as reflected in the documentation. John Mazyck with Frazer Lanier Company, Inc. advised that the net interest cost is well below 5% and offered to discuss this in further detail with Commissioner Newsome following the meeting. Mayor Schmitz introduced Ordinance No. 2014-161 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Jack Sconyers located at 3601 Reeves Street from A-C (Residential Single-Family, Very Low Density) District to B-2 (Highway Commercial) District. Commissioner Barbaree moved for immediate consideration, motion seconded by Commissioner Newsome and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, 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. 2014-161, motion seconded by Commissioner Ferguson and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Minutes of the Board of Commissioners – July 1, 2014, continued. Barbaree and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2014-162 (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 Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-163 (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 Dorsey moved for adoption, motion seconded by Commissioner Newsome. Commissioner Baxley said he understands there is a new process in place to help clarify and improve the timeliness of putting these actions on public record. City Manager West confirmed and said resolutions authorizing demolition will now be filed with the court. Mr. McDonald said we will begin including the deed book and page number, as well as the legal description, on these resolutions because the recording office has advised us that this information will be discoverable in a title search. Commissioner Baxley asked how long does it take after a structure is first identified as non-compliant to get to this level in the process? He expressed concern about there being no notice recorded before this point, because in this gap of time, the property could be transferred. Mr. McDonald said these properties are first presented to the Housing County Abatement Board but the determination is not official until the Commission makes the decision. Commissioner Baxley said this still needs to be looked at. Mr. McDonald confirmed for Mayor Schmitz that signs are placed on the properties a couple of weeks prior to the Commission hearing date. City Manager West confirmed for Commissioner Newsome that there is no one living in the structure located at 301 East Newton Street. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-164 (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 August 5, 2014. Commissioner Baxley moved for adoption, motion seconded by Commissioner Barbaree and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-165 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Fort Rucker Family, Morale, Welfare and Recreation to sponsor the Wiregrass Freedom Fest 2014 in the amount of $2,250.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Barbaree. Mayor Schmitz said this is a wonderful celebration in our community, and he is grateful this Commission and this City has always supported Fort Rucker. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-166 (recorded in Ordinance Book No._______at Page_______), approving the vacation and annulment of a portion of Casey Court to the use of the public as a street right-of-way. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-167 (recorded in Ordinance Book No._______at Page_______), entering into a contract, awarding the bid, and issuing a Notice to Proceed to Wiregrass Construction Company, Inc. for the Flowers Chapel Road Improvements Project in the amount of $928,937.59, and appropriating funds for said project. Commissioner Barbaree moved for adoption, motion seconded by Commissioner Newsome. Commissioner Kirkland said the City spent approximately $200,000.00 in 2007 to resurface the portion of Flowers Chapel Road maintained by the City at that time and Houston County resurfaced the remaining portion maintained by the County. He said he is not sure there has Minutes of the Board of Commissioners – July 1, 2014, continued. been much change in traffic, asked why turn lanes were not done at that time and expressed concern about spending more money. Mayor Schmitz said this project was discussed during the planning session and was made a priority. He said he believes it to be a good investment because this is one of the fastest growing areas in the community and he noted the Forever Wild project will soon be added. Commissioner Ferguson said although this is a good project and the plans make a lot of sense, he has not experienced a problem with traffic in this area and does not feel the timing is the best. He said he feels this money could be better spent on other uses that are more important. He recognized that this project was prioritized but said he did not realize the scope at that time. He said this may be a good time to consider revisiting our priorities six months into the year when sales tax revenues are not as expected. Commissioner Kirkland said staff needs to be involved in projects like this. Commissioner Barbaree said he thinks the redesign of Flowers Chapel Road is not necessarily about traffic jams, but rather the safety of our citizens. He said this is one of the largest neighborhoods in Southeast Alabama and additional turn lanes are necessary. He said he believes it will enhance the Forever Wild project. He said the Commission has already voted to approve the design fees and he is not in favor of shelving another plan for years. He said some permits have already been done, plus there is a lot of shoulder work that needs to be done. He said this is a major thoroughfare for people who work and live in Dothan and he is glad to see the project come to fruition. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Barbaree and Baxley; “nay:” Kirkland and Ferguson. The motion was carried by the majority of five "yeas" to two “nays.” Mayor Schmitz introduced Resolution No. 2014-168 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Neel-Schaffer, Inc. for professional services to update the Long Range Transportation Plan for the Southeast Wiregrass Metropolitan Planning Organization (MPO) in the amount of $143,541.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Barbaree. City Manager West confirmed for Mayor Schmitz that the MPO is paying 80% of this cost. City Manager West confirmed for Commissioner Ferguson that the City will pay the entire cost up front and 80% will be reimbursed. Commissioner Barbaree expressed appreciation to Mayor Schmitz, Commissioner Newsome and Commissioner Baxley for their representation on the MPO board. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-169 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation to replace approximately 126 L.F. of sewer main with D.I.P. and install a sewer manhole along with approximately 80 L.F. of sewer line in the 2300-2400 blocks of U.S Hwy. 84 East at Dothan Village. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-170 (recorded in Ordinance Book No._______at Page_______), entering into a private development agreement with Twenty to Quit, LLC, for the installation and maintenance of water meters at the Sedona Office Village located at 2307 Hartford Highway 52. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Barbaree. City Manager West said this is the City’s standard water meter agreement. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz asked if it would be the will of the Commission to approve Items 21-27 at the same time, to which the Commission concurred. There were no objections. Mayor Schmitz then read each resolution number separately. Mayor Schmitz introduced Resolution No. 2014-171 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for permission to perform necessary maintenance to its utility lines along AL/US Route No. 84, beginning at Milepost No. 204.8 and ending at Milepost No. 207.0. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Minutes of the Board of Commissioners – July 1, 2014, continued. Mayor Schmitz introduced Resolution No. 2014-172 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for permission to perform necessary maintenance to its utility lines along AL/US Route No. 210, beginning at Milepost No. 3.2 and ending at Milepost No. 7.0. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-173 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of 250’ of fiber optic cable across the intersection of Ross Clark Circle (AL HWY 210) and East Burdeshaw Street. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-174 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of 60’ of fiber optic cable across the intersection of South Oates Street (US HWY 431, AL HWY 1) and Adams Street. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-175 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of 120’ of fiber optic cable under the intersection of Brannon Stand Road (AL HWY 605) and Murphy Mill Road. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-176 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of 250’ of fiber optic cable across the intersection of Ross Clark Circle (AL HWY 210) and Choctaw Street. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-177 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of 18,000’ of fiber optic cable along West Main Street (US HWY 84) and across the intersection of West Main Street (US HWY 84) and Westgate Parkway and across the intersection of West Main Street (US HWY 84) and Brannon Stand Road (AL HWY 605). Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-178 (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 Rip Rap Class I and II: Columbus Quarry, LLC See Price in Class I Rip Rap: Columbus, GA Description Unit Price per Ton: $12.00 Delivered Price per Ton: $17.00 Total Delivered Price: $29.00 Class II Rip Rap: Unit Price per Ton: $12.00 Delivered Price per Ton: $17.00 Total Delivered Price: $29.00 In-Service Wood Utility Pole Osmose Utilities Services See Price in Inspection: Quantity: 3,000 Tyrone, GA Description (more or less) External Treat - Unit Price: $32.16 Excavated Reject - Unit Price: $28.34 Visual - Unit Price: $5.66 Sound and Bore - Unit Price: $5.92 Partial Excavate - Unit Price: $14.25 Minutes of the Board of Commissioners – July 1, 2014, continued. Internal Treat - Unit Price: $13.08 MITC- Fume® - Per Tube - Unit Price: $7.55; Computer Data Delivery - Unit Price: $.38; Guy Marker Inspection - Unit Price: $4.34; Groundwire Inspection - Unit Price: $14.99; Risers - Unit Price: $3.19; Record Transformer Number – Unit Price: $0.82; Option: Record Transformer Phase – Unit Price: $2.07 Water Cooled Centrifugal Chiller: Trane Commercial Systems See Price in Chiller: $154,651.00 Mobile, AL Description Five Year Warranty: $11,483.00 Disassembly/Reassembly: $0.00 Five Year Service Agreement: $23,433.00; Pre-paid Discount: $4,876.00; Total Costs: $184,691.00 Thirty-Year Life Cycle Cost (Total Present Worth): $7,327,091.00 Other Purchases 37 Foot Bucket Truck to Replace Altec Industries, Inc. See Price in Truck #3102; Purchase from Birmingham, AL Description National Joint Powers Alliance (NJPA) Co-operative Contract #31014; Unit Price: $92,056.00 Quantity 1 (or more) Actuarial Work for the City's Worker's Tiller Consulting Group, Inc. See Price in Compensation, General Liability, and St. Louis, MO Description Automobile (Fleet) Liability Risk Retention Programs and Associated Data Needs; Unit Price: $14,900.00 Commissioner Kirkland then moved for adoption of Resolution No. 2014-178, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced Resolution No. 2014-179 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Scott Heath Selma Police Academy $ 50.00 Selma, AL Jason Myers Alabama Criminal Justice Training Center $ 6,250.00 Erica Libby Selma, AL Franklin Ruiz Michael Cole Shelby Rice William Phares Smartphone Forensics $ 1,010.16 Marietta, GA Craig Dempsey Dixie Angels- State Softball Tournament $ 2,225.00 Roy Kitts (American League) Tyson Carter Enterprise, AL Craig Dempsey Dixie Angels – State Softball Tournament $ 2,225.00 Roy Kitts (National League) Tyson Carter Enterprise, AL Eddie Arnold Dixie Darlings – State Softball Tournament $ 2,350.00 Roy Kitts (American League) Enterprise, AL Robert Cox Peek Traffic Professional $ 1,840.00 Randy Prine Development Training Seminar Palmetto, FL Ken Rice Alabama Recycling Coalition $ 791.00 Conference & Expo Montgomery, AL Minutes of the Board of Commissioners – July 1, 2014, continued. Jason Manning IMSA Certification – Sign and Marking $ 1,985.00 Level 1 & Work Zone Safety Powder Springs, GA Larry Williams International Association of Fire Chiefs $ 2,243.40 Fire Rescue International Dallas, TX Chris Etheredge International Association of Fire Chiefs $ 3,587.40 Greg Hutcheson Fire Rescue International Dallas, TX Commissioner Kirkland then moved for adoption of Resolution No. 2014-179, motion seconded by Commissioner Baxley and unanimously carried. There being no further business, Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Ferguson and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Tammy Danner, City Clerk Approved: 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