City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING DECEMBER 2, 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, December 2, 2014 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., Albert Kirkland, John Ferguson, and Hamp Baxley. Commissioner Susan Anderson was absent. 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. Sister Miriam Fiduccia, St. Columba Catholic Church, then led in prayer, afterwhich Commissioner Kirkland led in the Pledge of Allegiance to the Flag. Mayor Schmitz announced that Commissioner Anderson is absent today because her daughter had an accident last night and had to have surgery. Commissioner Baxley moved that the Minutes of the Meeting of November 18, 2014, be approved, motion seconded by Commissioner Kirkland and unanimously approved. City Manager West asked Planning Director Todd McDonald to update the Commission on the Blue Bar & Grill complaint issue. Mr. McDonald explained that the Planning Department was contacted in September, 2014 concerning noise and zoning violations. He said the location is zoned as a neighborhood business district and restaurants serving alcohol are a permitted use. He said the business was initially approved for a club liquor license as Plan B in February, 2006 and this business closed in November, 2012. He said John McCurley came before the Commission in July, 2013 to reopen the business as the Blue Bar & Grill, and Mr. McCurley represented to the Commission that it would be a restaurant, same as the Plan B owners did, and he would address the noise complaint that was raised at the time. Mr. McDonald said the ownership of Blue Bar & Grill changed in October, 2014 from Mr. McCurley to Andre Barber. He said there seems to be more of an emphasis over the years for this business to be more of a bar than a restaurant, and he pointed out that the Blue Bar & Grill’s website does not contain a food menu. He said if the business is confirmed to be operating as a bar and not a restaurant, then this is a zoning violation. He said his department has not conducted an analysis into the use. Mr. McDonald said he sent Mr. Barber a letter requesting that he attend today’s meeting because residents had again raised these issues at the November 4th meeting. City Manager West asked if there is anyone present from the Blue Bar & Grill and no one came forth. Commissioner Baxley asked if any neighboring residents are here today and several people raised their hands. Mayor Schmitz asked what options exist to remedy this situation. Mr. McDonald advised that the Commission has the discretion to review an alcoholic beverage license at any time. He said the Alcoholic Beverage Control Board has accepted Mr. Barber’s credentials as the owner of the LLC. He said the only way to know if the use is more of a bar is to contract with Revenue Discovery Systems to audit the business. Commissioner Newsome asked if anyone has reviewed the activities of the business. Mr. McDonald said the Business License office has previously notified Mr. Barber that he was past due on his alcohol taxes, but there has not been an examination of his books to ascertain whether the business is operating as a restaurant serving alcohol or a bar. He said that a nightclub is a prohibited use in this zoning district. Commissioner Baxley asked if the noise coming from the establishment is a violation. Mr. McDonald said in researching this matter he was told there are no complaints on record. Police Major Steve Parrish said noise after 11:00 p.m. would be a problem in a residential area or in a location adjacent to a residential area. Commissioner Baxley requested that dispatch be made aware of this situation so that when complaints do come in there are records made and issues are documented. Major Parrish Minutes of the Board of Commissioners – December 2, 2014, continued. said this can be done. Mayor Schmitz recommended that a certified letter be sent to Mr. Barber advising him of the law and giving him an opportunity to comply. Mr. McDonald said that he will work with City Attorney Len White to write this letter. Mr. McDonald stated that he has spoken with Mr. Barber once before and Mr. Barber indicated that he wanted to try to find a resolution. Commissioner Baxley said the zoning regulations need to be enforced, and if what is happening at this location is not appropriate for the area, then the business needs to be shut down. Major Parrish offered to have code enforcement staff conduct an investigation, similar to others done in the past, and he said they can provide a written assessment for the Commission to review. Several Commission members voiced their support for this to be done. City Manager West invited Environmental Services Manager Ken Rice to provide an update on the larger recycling containers, which are presently on display in the lobby. Mr. Rice said his office has started receiving the over 6,000 blue carts purchased through the recycle grant program. He said flyers are currently being distributed and information is posted on-line notifying citizens how to request one of these carts. He said distribution is expected to begin on December 15th and will continue as long as supplies last. He said they are looking forward to expanding this program. Commissioner Newsome asked if there is anything included on the carts to identify them as recycling containers? Mr. Rice said the carts are blue, which is the international color of recycling, but there are no other indicators. Commissioner Ferguson pointed out that Houston County’s garbage cans are blue in color. Mr. Rice advised that they do not anticipate any problems because the recycling carts include the City of Dothan seal, are darker in color and the collection days are different. Commissioner Newsome inquired into the possibility of including the iRECYCLE logo on the containers. Mr. Rice said the logo was not included in the grant but advised that it can be added at an extra cost. Public Works Director Jerry Corbin said hopefully another batch of carts will be needed and the logo can certainly be added to them. He said his thinking for not including the recycling logo is that the containers could be repurposed if needed in the future. Commissioner Ferguson asked what happens if trash is placed in the recycle bins? Mr. Rice said the vendor plans for a certain percentage of contamination and they make sure it is processed out. City Manager West asked for a number of current participants and Mr. Rice said 5,000 households are participating in the recycling program. Commissioner Newsome requested that consideration be given to the placement of a sign on the recycling carts in order to prevent confusion and contamination. Mayor Schmitz said this is a great step, it is important to our community, and he asked everyone to please participate! City Manager West reminded everyone that the City’s Annual Christmas Tree Lighting will be held tonight at 6:00 p.m. at the Civic Center. City Manager West announced the Annual Downtown Christmas Festival will be held on Saturday, December 6th from 9:00 a.m. until 3:00 p.m. on North Foster Street. He said the snow zone and sledding activities are free this year. City Manager West announced the Adult 65 & Older Combo Doubles Tennis Tournament will be held this weekend at Westgate Tennis Center with over 600 people anticipated to participate. City Manager West reminded everyone that the Troy University basketball team will play Fort Valley State in the Civic Center arena on Thursday, December 11th. City Manager West announced the 98th Army Silver Wings Band will perform a free concert for Dothan residents in the Opera House on Friday, December 12th City Manager West announced the 9th Annual Downtown Dothan Hoops Classic will be held December 26th – 31st at the Civic Center. Mayor Schmitz introduced the application of Thomas E. Laury for a Lounge Retail Liquor License, Class I (on or off premises) for Fuel, located at 164 South Foster Street. Hearing no motion, the application died due to lack of a motion and second. Minutes of the Board of Commissioners – December 2, 2014, continued. Mayor Schmitz introduced the application of Theron P. Nelson for a Retail Beer License (on or off premises) for Bo’s Snooker Que, located at 110 East Crawford Street. Commissioner Baxley moved for approval, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2014-313 (recorded in Ordinance Book No._______at Page_______), appointing Craig Scurlock, Building Official as the City Official and Todd McDonald, Planning Director as the Administrative Official required by Chapter 106 (Vegetation), Article III (Repeat Offenders) to determine violations and to hear appeals of the repeat offender provision. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-314 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice to Proceed to Hughes Brothers Construction, LLC, for the Andrew Belle Aquatic Complex project in the amount of $998,900.00 and appropriating funds for said project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey. Mr. Corbin displayed the plans and provided a brief overview of the aquatic complex. Mayor Schmitz said this has been a long time coming, and he is proud we are at this point in the project. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-315 (recorded in Ordinance Book No._______at Page_______), rescinding Resolution No. 2014-209, dated August 5, 2014 and entering into an agreement with the Wiregrass Foundation to accept a $500,000.00 grant donation for the construction of a pool at Andrew Belle Community Center and to accept the new grant requirements. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz invited Dr. Barbara Alford to the podium, and they signed the agreement. Mayor Schmitz said we are truly honored to have the Wiregrass Foundation as one of our greatest assets in the community and he expressed gratitude to Dr. Alford and the Board of Directors for this grant donation. Dr. Alford said the Wiregrass Foundation found this project to fit well with their Zones of Interest, which are education, health, and quality of life. She said the compelling feature for them with this project was the potential for an education component, and the promise of the Commission, City Manager West, and staff to bring the swimming program to the Andrew Belle Community Center. Dr. Alford said she has an appointment with City Manager West in the pool on opening day and she invited the Commission to wear their swimsuits! She said the Wiregrass Foundation is proud to be partnering with the City on this project. Mayor Schmitz introduced Resolution No. 2014-316 (recorded in Ordinance Book No._______at Page_______), awarding the bid and entering into a contract with Kent Consolidated Construction, Inc. for additions and alterations to the Traffic Engineering Building and Storage Building/Loading Dock, in the amount of $532,500.00 and appropriating funds for said construction. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson asked for a brief overview of this project. Assistant Public Works Director Charles Metzger explained that the facility was built in 1979 and the role of the Traffic Engineering Division has significantly increased over the years as the City has grown. He said he has requested funds for the past fifteen years to accommodate this growth, and he is grateful to have the funding included in the budget this year. He said this money will allow for expansion of the signal room and construction of a traffic management center. Commissioner Newsome asked if the maintenance cost has been looked at for the expanded facility. Mr. Metzger said the HVAC will be replaced with a newer model and he does not anticipate much of a change in the overall cost. Commissioner Baxley said he would like advance notice of projects involving this amount of money, and he reiterated his previous requests for an entire City facility assessment in order to plan for long- term needs. There being no further discussion, the resolution was unanimously adopted. Minutes of the Board of Commissioners – December 2, 2014, continued. Mayor Schmitz introduced Resolution No. 2014-317 (recorded in Ordinance Book No._______at Page_______), approving a Letter of Agreement with the Dale County Sheriff Department to provide $15,000.00 annually for aviation support for a period of two years and appropriating funds for said support. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Major Parrish said the Dale County Sheriff Department contacted the Dothan Police Department about three months ago to request a partnership with their aviation program. He said other area agencies are also partnering to help them fund their helicopter program. Major Parrish said this partnership will be instrumental in keeping the program functional and available to the City. He said they would like to conduct a utilization analysis after the two year period and the amount provided may be adjusted down or up depending on the amount of usage. Mayor Schmitz said he believes this is a worthwhile investment. Commissioner Newsome requested that the flight hour utilization be reviewed after one year as a measuring tool of the worthiness of the $15,000.00. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-318 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Wiregrass Habitat for Humanity to support Emergency Housing Repair identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $40,000.00 and appropriating funds for said agreement. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-319 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with DuBois Institute for Entrepreneurship to provide funding for operational expenses and garden supplies for Aunt Katie’s Community Garden identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $7,500.00 and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Newsome asked Michael Jackson with Dubois Institute for Entrepreneurship if the cane has been preserved or has the frost killed it? Mr. Jackson said he was able to harvest the cane before the frost. Commissioner Newsome said the frost has already come and the products should be stored and preserved when the opportunity is available. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-320 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Exchange Center to provide funding for administrative salaries, fringe benefits and operational expenses identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $10,000.00 and appropriating funds for said agreement. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Ferguson asked for clarification on the subrecipient agreements given that the Commission has already voted on these items this calendar year. City Manager West explained that, while the budget has been approved, the resolutions presented today are to approve the individual agreements for each entity receiving grant money. Mayor Schmitz said the money is 100% federally funded and this vote is part of the process. Commissioner Newsome asked when the money will be released and City Manager West explained that the agencies are reimbursed after they spend the money and submit required paperwork. Mr. McDonald said they will be able to submit for reimbursement after these agreements are signed. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-321 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Boys and Girls Clubs of Hawk-Houston to provide funding for administrative salaries, fringe benefits and operational expenses for the operation of the “Career/Education/Goals for Graduation Program” in the amount of $14,000.00 and rehabilitation improvements in the amount of $35,000.00 identified in the Community Development Block Grant 2014 Annual Action Plan and appropriating Minutes of the Board of Commissioners – December 2, 2014, continued. funds for said agreement. Commissioner Baxley moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-322 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Ordinary People Society to provide funding to purchase food and supplies for the operation of Mama Tina Mission House in the amount of $10,500.00 identified in the Community Development Block Grant 2014 Annual Action Plan and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-323 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Alfred Saliba Family Services Center to provide funding for administrative salaries, fringe benefits and operational expenses in the amount of $10,655.00 identified in the Community Development Block Grant 2014 Annual Action Plan and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-324 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Boys and Girls Club of the Wiregrass to provide funding for administrative salaries, fringe benefits, and operational expenses in the amount of $5,000.00 and rehabilitation improvements in the amount of $25,000.00 identified in the Community Development Block Grant 2014 Annual Action Plan and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-325 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with Girls, Inc. to provide funding for administrative salaries, fringe benefits and operational expenses identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $5,000.00 and appropriating funds for said agreement. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-326 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with the Wiregrass Rehabilitation Center for the purpose of purchasing equipment identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $26,000.00 and appropriating funds for said agreement. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-327 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with Legal Services Alabama to provide funding for administrative salaries, fringe benefits, operational expenses, and consumer workshops identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $4,500.00 and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome. Commissioner Baxley abstained from this vote because of professional conflicts. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, and Kirkland; “nay:” Ferguson; “abstained:” Baxley. The motion was carried by the majority of four "yeas" to one “nay” to one “abstention.” Mayor Schmitz introduced Resolution No. 2014-328 (recorded in Ordinance Book No._______at Page_______), entering into a subrecipient agreement with Downtown Dothan Redevelopment Authority to support downtown façade improvements identified in the Community Development Block Grant 2014 Annual Action Plan in the amount of $5,006.00 and appropriating funds for said agreement. Commissioner Kirkland moved for adoption, motion seconded by Minutes of the Board of Commissioners – December 2, 2014, continued. Commissioner Baxley. Commissioner Ferguson asked if this is a match and if this amount could include multiple projects? City Manager West explained this is a matching program of up to $5,000.00 per project and therefore, there could be multiple projects who receive funds. He added that there are remaining funds from previous years. Commissioner Newsome asked why they didn’t use this money? City Manager West said it depends on what kind of development occurs downtown and having the funding available is an incentive to improve a building in the downtown area. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-329 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the replacement of utility poles and reconductoring of the power line along the south side of Columbia Highway between the 3000-4400 block (State Hwy 52). Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-330 (recorded in Ordinance Book No._______at Page_______), appointing Collins Trott as a member of the Museum Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-331 (recorded in Ordinance Book No. _______at Page_______), approving a purchase over $15,000.00 by the City. ITEM VENDOR AMOUNT Lifebook T904, UB, Core Pinnacle Networx $119,971.00 17-4600U, 4 GB, 128 GB, Wetumpka, AL Windows 7 Pro (64 BIT), with Screen Damage Protection Plan and Extended Warranty- State of Alabama Contract# T-532 Quantity 50, Unit Price $2,399.42 Commissioner Kirkland then moved for adoption of Resolution No. 2014-331, motion seconded by Commissioner Baxley. Commissioner Ferguson said this is a lot money for laptop computers and asked why they cost so much? City Manager West said these computers are for police and fire vehicles and are more durable than a standard computer because of the work environment. Interim Internet Technology Director Robb Meredeth said the computers also have touch screens for easier operation and include a four year no fault warranty to fix problems that occur because of the conditions they are under. Commissioner Ferguson asked if three bids were solicited for the equipment. Mr. Meredeth said this is a state bid, but quotes were received from other vendors just to make sure the state bid is in line, and they found it was significantly under. He said they even went back to this vendor and negotiated to bring the price down a little bit after this item was placed on the agenda. Mr. Meredeth confirmed for Commissioner Ferguson that these computers are replacing existing systems and replacement is determined by the age of the equipment, in part because of compatibility with newer versions of the operating system. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2014-332 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Rhonda Kirk USSSA Regional Summit $ 526.05 Thibodaux, LA Scott Long Managing the Detective Unit $ 1,716.00 Jason Adkins Altamonte Springs, FL Minutes of the Board of Commissioners – December 2, 2014, continued. Sean Morgan IPTM Interview & Interrogation Course $ 1,692.00 Erik Broten Jacksonville, FL Ronald Hall Advanced Homicide Investigation $ 1,355.00 Curtis Stephens Jacksonville, FL Charles Faulkner Interviewing and Interrogation $ 40.00 Christopher Summerlin Troy, AL Robert Forbes EMT Basic Course – Eufaula Fire Dept. $ 0.00 Karen Okonsky Training Division Eufaula, AL Commissioner Baxley then moved for adoption of Resolution No. 2014-332, motion seconded by Commissioner Ferguson. Commissioner Newsome asked why employees are traveling to Eufaula for basic EMT training? Fire Chief Larry Williams explained that these employees were hired after recruit school, they must obtain certification within twelve months, and this is the closest, quickest place available. Commissioner Newsome confirmed with Chief Williams that there is no cost involved with this training, other than the use of the car and fuel. There being no further discussion, the resolution was unanimously adopted. Commissioner Baxley moved to accept an easement from Beverlye C. Reynolds and Burt Williams Construction Company, Inc. necessary to maintain utility and drainage facilities at 2809 & 2811 Peachtree Drive in Peachtree Hills Subdivision, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Baxley moved to accept an easement from Hugh W. Wheelless, III & Michelle G. Wheelless to construct necessary improvements and appurtenances to electrical utilities at 501 North Cherokee Avenue, motion seconded by Commissioner Kirkland and unanimously carried. There being no further business, Commissioner Baxley moved that the meeting be adjourned, motion seconded by Commissioner Kirkland 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 /s/Susan Anderson, Associate Commissioner Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS