City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING MARCH 17, 2015 The Board of Commissioners of the City of Dothan, Alabama, met in regular session in the Commission Chambers of the Roy Driggers Municipal Building at 10:00 A.M., Tuesday, March 17, 2015 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., Albert Kirkland, John Ferguson, Susan Anderson, 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 Ray MacKenzie, Cloverdale Baptist Church, then led in prayer, afterwhich Commissioner Ferguson led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of March 3, 2015, be approved, motion seconded by Commissioner Dorsey and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming April, 2015 as “Autism Awareness Month” and April 2, 2015 as “Light it Up Blue Day” in the City of Dothan. Fran Heisner, Board Member, Autism Society of Alabama was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming April, 2015 as “Child Abuse Prevention Month” in the City of Dothan. Pam Miles, Executive Director, and Cindy Watt, Community Relations Specialist, Exchange Center for Child Abuse Prevention were present for the proclamation. Commissioner Dorsey said a resident of his district recently reported an issue with the railroad tracks on East Newton Street, and he noted that the railroad will be repairing the crossing this week. On behalf of his constituents, Commissioner Dorsey expressed gratitude to the Administrative staff and City Manager West for hearing and relaying their concerns when they are reported. Mayor Schmitz reminded District 5 residents to vote for their candidate in the runoff election on Tuesday, March 24th. Mayor Schmitz expressed gratitude to Commissioner Anderson for her service, and he thanked her for being involved and greatly contributing to the Commission. City Manager West noted that Thursday, March 19th is the last day to file an application to vote absentee. City Manager West, along with Fire Chief Larry Williams, presented a service award to Ralph D. Bell, II, for twenty-five years of service with the City. City Manager West, along with Leisure Services Director Elston Jones, presented a service award to Kim Meeker, for twenty-five years of service with the City. City Manager West invited David E. Duke, Executive Director of the Wiregrass United Way 2-1-1, to make a presentation. Mr. Duke played a short PSA video and provided detailed information regarding 2-1-1. City Manager West made the following announcements: • Dothan 101 will be held from 6:00 p.m. until 9:00 p.m. on Tuesday nights beginning April 14th and ending June 9th. Eight people have enrolled, and slots are still available. • The annual “How to Do Business with the City of Dothan” free workshop will be conducted on Thursday, April 16th in the City Commission Chambers. Networking begins at 5:30 p.m. and the event begins at 6:00 p.m. Minutes of the Board of Commissioners – March 17, 2015, continued. • Water conservation begins Wednesday, April 1st. Residents with even number addresses will be able to water on Wednesdays, Fridays, and Sundays and residents with odd number addresses will be able to water on Tuesdays, Thursdays, and Saturdays. • The Azalea Dogwood Trail is tentatively set for Sunday, March 29th. • Opening ceremonies for Girl’s softball is scheduled for 9:00 a.m. on Saturday, April 4th at Westgate Park Softball Complex. • The official opening of the Tuscaloosa Test Well at Little Choctawhatchee Wastewater Treatment Plant is set for Thursday, March 26th. • An on-site assessment of the Police Department by the Commission of Accreditation for Law Enforcement Agencies (CALEA) is scheduled for March 23rd, 24th, and 25th. As part of the reaccreditation process, a public meeting will be held on March 23rd in the Municipal Courtroom. Mayor Schmitz announced a Public Hearing regarding the demolition and removal of unsafe structures. Mayor Schmitz noted that there is one property under appeal, and he invited Shirley Davis of 156 Webb Road to speak. Marcie Jones came to the podium and said she is present on behalf of her brother-in-law, James Robinson and Shirley Davis, who were unable to be here today. She said the structure Mr. Robinson was supposed to bring into compliance is in compliance right now. She said he just needs to do certain things like removal of weeds and trees, and just make the property safe and he has done so. Mayor Schmitz requested Ms. Jones meet with City Manager West and Planning staff after the meeting. There being no further discussion, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2015-61 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by James Wilson located at 4090 Ross Clark Circle from H-I (Heavy Industry) District to B-2 (Highway Commercial) District. 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, Anderson, 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. 2015-61, motion seconded by Commissioner Ferguson and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Anderson, and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2015-62 (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 Kirkland moved for adoption, motion seconded by Commissioner Baxley. Lois Barber, who had signed up for privileges of the floor regarding this item, said she owns property at 801 Williams Avenue, Barber’s Grocery. Ms. Barber said the State of Alabama has a lien on one half of the property, and she was granted one half of the store through a divorce. She said she is here to stand up for her half of the store and to bring it into compliance. She said she needs to time to do so. She said she tried to get a permit in 2014 after she received a letter regarding the roof on the back part of the store, but she was denied the permit because the State has a lien on one half of the property. She said she delivered a letter from her attorney, Mac Borland, to Planning Director Todd McDonald last week regarding repairing the store. She said she wants to resolve this matter and bring the store back as it should be. She requested the Commission grant her time to get with the State to see what can be worked out. Mr. McDonald confirmed for Commissioner Dorsey that the tax records show the Alabama Department of Revenue (ADOR) is the owner of the property and ADOR has not responded to notifications from the City. Mayor Schmitz said the Commission wants the structure to be restored, and he Minutes of the Board of Commissioners – March 17, 2015, continued. recommended granting Ms. Barber a certain amount of time. Mr. McDonald said thirty days is the typical amount of time allowed by the Commission for an extension. Commissioner Newsome confirmed with Ms. Barber that she is requesting time to clear the title in her name, and immediately after the title is cleared, she will proceed to bring the property into compliance. Ms. Barber said her attorney is working to get a figure from the State. She said she has also contacted Representative Dexter Grimsley for his assistance with the State. Mayor Schmitz advised Ms. Barber to provide an update to City Manager West and Mr. McDonald in thirty days to let them know what steps have been taken and the status of the property. Commissioner Anderson noted that staff had observed children’s toys on the interior of the building. She said this is her concern, and she asked if the structure is secure now. Ms. Barber said she had all of the glass removed when the store was closed to prevent smell, but the building is locked up and secure. She said, even though there is a fence around it, sometimes kids walk up and throw something, but she said they cannot get in. Mr. McDonald said the building is currently unsecure as noted by staff. Commissioner Anderson asked what will need to be done to secure the building. Mr. McDonald said it will need to be boarded up and the fence will need to be fixed. City Manager West confirmed with the Commission that this property will continue to go through the normal process, no action will be taken for thirty days, Ms. Barber is to give an update in thirty days, and in the meantime, she is to secure the building. Commissioner Dorsey advised Ms. Barber that by securing the building the neighbors will see she is taking the steps to improve the property. He said this is important because the complaints come from those who live around the property. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-63 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2015-9 and 2015-30 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 Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-64 (recorded in Ordinance Book No._______at Page_______), assessing properties for the cost of demolition of substandard structures and turning the amounts over to the county tax collector to be added to the next regular bills for taxes levied against the respective lots and/or parcels of land. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Anderson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-65 (recorded in Ordinance Book No._______at Page_______), entering into a construction administration agreement with Lose and Associates, Inc. for the construction phase of Andrew Belle Aquatics Center, Westgate Aquatics Center and James O. Oates Park and make appropriate design fee changes and appropriating funds for said projects. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey. Commissioner Ferguson thanked Public Works Director Jerry Corbin for taking time to clarify some things he was unaware of at the last meeting, particularly with the contracts. He stated, with that being said, he is a little surprised to see this item on the agenda because he thought the Commission would have a little more discussion before voting. He said he is uncomfortable still with the process and would like to have a little more time to digest it. He explained that he is not trying to stall the project, but since it is on the agenda, he will have to vote against it at this time. Commissioner Baxley requested City Manager West to make sure there are no other surprises regarding these projects. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Anderson, and Baxley; “nay:” Ferguson. The motion was carried by the majority of six "yeas" to one “nay.” Mayor Schmitz introduced Resolution No. 2015-66 (recorded in Ordinance Book No._______at Page_______), accepting a 100% reimbursable grant from the State of Alabama Mutual Aid System (AMAS) to be used for purchasing equipment and training for our regional response teams and appropriating funds for said grant. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Minutes of the Board of Commissioners – March 17, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-67 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of PVC water main on the south side of AL-92 in Newton, AL. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-68 (recorded in Ordinance Book No._______at Page_______), entering into a month-to-month contract with Cook’s Pest Control for the installment and maintenance of bait boxes at the Environmental Services equipment yard and landfill for a total first year cost of $3,880.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome. Commissioner Ferguson confirmed with City Manager West that this is a month-to-month contract and not an annual contract. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-69 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract and issuing a Notice to Proceed to Harris Security Systems, Inc. for the New Fire Alarm System Upgrade for Westgate Recreation Center project in the amount of $28,087.50. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-70 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice to Proceed, and other related documents to Southern Outdoor Maintenance Plus, Inc. for the Herbicide Treatment for Selective Weed Control for Sewer Utility Lines Maintenance-of-Way for the sum of $37,839.68. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. City Manager West said this is a part of the Administrative Order on Consent to visually inspect all the rights-of-way over sewer lines at least once per year. He said the herbicide treatment is to keep the vegetation out. Commissioner Ferguson asked if the utilization of existing staff and equipment had been explored because he specifically asked if this work would be handled in-house after L&K Contracting completed the clearing of the lines and he was told yes at that time. Dothan Utilities Director Billy Mayes said certification is required for this application. He explained that this has been planned and they have been doing this in the past with contractors. He said that the City does not have the equipment or personnel to do this type of work. Mayor Schmitz asked for a cost comparison to be brought back before the commission for examination. Commissioner Newsome asked how many treatments will be done over a one year period, and City Manager West replied there will be one treatment done in the spring. Commissioner Newsome asked what happens if weeds return before the next treatment. City Manager West said if it were to become a problem, we would have to look at doing it again. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-71 (recorded in Ordinance Book No._______at Page_______), executing the ADEM Notification for Aboveground Storage Tanks documents for Dothan Utilities operating locations: Little Choctawhatchee Wastewater Treatment Plant (WWTP), Omussee Creek WWTP, New Cypress Creek WWTP, Water Production Well #31, and Water Production Well #33. Commissioner Baxley moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-72 (recorded in Ordinance Book No._______at Page_______), executing the agreement with the Alabama Department of Economic and Community Affairs for acceptance of a grant award in the amount of $100,000.00 to help with the construction of the Recreation Trails Program. Commissioner Baxley moved for adoption, motion seconded by Commissioner Newsome. Commissioner Ferguson acknowledged that Mr. Meeker wrote this grant. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-73 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Dick’s Sporting Goods for the sponsorship of Dothan Leisure Services baseball and softball Minutes of the Board of Commissioners – March 17, 2015, continued. sports. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Anderson noted that the 20% discount offer for coaches and participants expired on March 7th, and she asked if they were made aware. Athletic Coordinator Tyson Carter confirmed that they have been notified. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-74 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Dippin’ Dots, LLC, for the use of a sub-zero freezer for Dippin’ Dot purchases, for a twelve month period. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey. City Manager West confirmed for Commissioner Ferguson that there is no cost for the freezer, only for the Dippin’ Dot purchases. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-75 (recorded in Ordinance Book No._______at Page_______), entering into a lease agreement with Gehl’s Foods, Inc. for dispensers to be utilized at the Westgate Softball Complex. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-76 (recorded in Ordinance Book No._______at Page_______), declaring certain personal property as obsolete and no longer needed for public or municipal purposes and authorizing the disposal of said property by whatever means is determined to be in the best interest of the City. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson said he believes this is different verbiage than he has seen before, and he asked if we will try to sell these items. City Manager West said they will be listed for sale on the internet through the GovDeals website. City Manager West confirmed for Commissioner Ferguson that we typically sell all items we list. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-77 (recorded in Ordinance Book No._______at Page_______), re-appointing Albert Kirkland as a member of the National Peanut Festival Association, Inc. Board of Directors. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Anderson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-78 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of February, 2015 in the amount of $12,869,142.64. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-79 (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 #57 Crushed Stone (granite rock): Columbus Quarry, LLC See Price in Unit Price per Ton: $11.00 Fortson, GA Description Delivered Price per Ton: $16.15 Total Delivered Price per Ton: $27.15 Quantity 1 (or more) Other Purchases: To Install a Metal Roof at K C Construction, Inc. $ 22,698.00 Pitman Field Concessions Dothan, AL Stand Commissioner Kirkland then moved for adoption of Resolution No. 2015-79, motion seconded by Commissioner Baxley and unanimously carried. Minutes of the Board of Commissioners – March 17, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-80 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Adrienne Smith 2015 Regional Seminars for Municipal $ 2,515.00 Jamila Brooks Court Officials Sadie Edwards Birmingham, AL LaChristy Gartmond Jennifer Metzger Tonja Minnifield Current Issues Involving Municipal $ 504.00 Court Practice & Procedure Hoover, AL Ray Mock HAZMAT Specialist and Meth Lab $ 659.00 Thomas Davis Re-Certification Jasper, AL Brian Smith FBI National Improvised Explosive $ 805.00 Familiarization Course Chattanooga, TN Eddie Henderson GPAC Summer Conference $ 1,144.00 Young Harris, GA Jeremy Collins Assist Homeland Security in Selma, AL $ 340.00 th Arthur Schaefer for the 50 anniversary of the Selma march Devon Fields Selma, AL Lance Driskall Ray Mock ALERRT Training (Instructor Course) $ 775.00 Sammie Hancock Montgomery, AL David Vieira Vanguard SSGT $ 50.00 Selma, AL Philena Reaves Alabama Municipal Revenue Officers $ 933.50 Certification Training Institute Tuscaloosa, AL Billy R. Mayes ACF Stakeholders Meeting $ 425.00 Albany, GA th Amy Elliot 50 Anniversary Dream March $ 200.00 Selma, AL Commissioner Kirkland then moved for adoption of Resolution No. 2015-80, motion seconded by Commissioner Dorsey and unanimously carried. There being no further business, Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Anderson and upon the unanimous vote of "yea," the meeting was duly adjourned until March 31, 2015 at 10:00 a.m. /s/Wendy Shiver, Acting City Clerk See approval next page: Minutes of the Board of Commissioners – March 17, 2015, continued. Approved: /s/Mike Schmitz, Mayor /s/Kevin Dorsey, Associate Commissioner /s/Amos M. Newsome, Jr., Associate Commissioner Albert Kirkland, Associate Commissioner /s/John Ferguson, Associate Commissioner /s/Beth Kenward, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS