City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING APRIL 7, 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, April 7, 2015 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., John Ferguson, Beth Kenward, and Hamp Baxley. Commissioner Albert Kirkland was absent. Also present were City Manager Michael West and 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. Pastor Jeffrey Pettis, First Free Will Baptist Church, then led in prayer, afterwhich Commissioner Baxley led in the Pledge of Allegiance to the Flag. Mayor Schmitz announced that Commissioner Kirkland is out of town this week, and he welcomed Commissioner Kenward. Commissioner Baxley moved that the Minutes of the Meeting of March 17, 2015 and Minutes of the Adjourned Meeting of March 31, 2015, be approved, motion seconded by Commissioner Dorsey and unanimously approved. Mayor Schmitz presented and read a proclamation, proclaiming April, 2015 as “Community College Month” in the City of Dothan. Dr. Linda Young, President, Wallace Community College, Dr. Ashli Wilkins, Dean, Institutional Services and Community Development, Wallace Community College, and other representatives were present for the proclamation. Commissioner Kenward presented and read a proclamation, proclaiming April 17, 2015 as “Houston County Gives Day” in the City of Dothan. Aubrey Stenzel, Whittaker Marketing, and Houston County nonprofit representatives were present for the proclamation. Commissioner Kenward presented and read a proclamation, proclaiming April 18, 2015 as “Spirit of Service Day” in the City of Dothan. Kevin Murphy and Amy Schutz, Spirit of Service Co-Chairmen, were present for the proclamation. Commissioner Ferguson presented and read a proclamation, proclaiming April, 2015 as “Child Abuse Prevention Month” in the City of Dothan. Sherryl Walker, Executive Director, Southeast Alabama Child Advocacy Center and other representatives were present for the proclamation. Commissioner Ferguson presented and read a proclamation, proclaiming April 12- 18, 2015 as “Public Safety Telecommunications Week” in the City of Dothan. Major Steve Parrish and Lieutenant Rachel David, along with supervisory staff from the City of Dothan’s communication center, were present for the proclamation. Mayor Schmitz presented a Certificate of Recognition to Professor Wallace Lee Smith, Jr. for his leadership, service, and contributions to the community. Professor Smith and his family were present to receive the certificate. Commissioner Dorsey thanked everyone who was able to participate in the Easter egg hunt event at Eastgate Park on Friday, April 3rd. He said it was a success. Commissioner Dorsey announced he is hosting an “FYI” forum at Andrew Belle Community Center tonight from 6:00 p.m. until 7:00 p.m. regarding the pool. Commissioner Kenward said she is in a learning process, and she expressed appreciation to everyone who has provided their assistance and support. Minutes of the Board of Commissioners – April 7, 2015, continued. Mayor Schmitz said he is grateful to the community for reaching out to the family of Morgan Hasty following her passing last week. He said this is an incredible loss. Mayor Schmitz said we were blessed to get the Alabama State Games, and he noted that the Dothan Area Convention and Visitor Bureau’s Board has agreed to pay half of the $10,000 sponsorship. Mayor Schmitz requested Mr. West to cut a check from the City for the remaining $5,000. He said we are looking forward to the games, which will be held this year, June 12th-14th. Mayor Schmitz said he has received several phone calls over the past week regarding Jim Oates Park, and he requested an update from Public Works Director Jerry Corbin. Mr. Corbin said his department and Lose & Associates has been working meticulously on the rebid to ensure the cost of the project is an acceptable amount. Mr. Corbin said Lose & Associates anticipates they will have a final set of plans and specifications by the first part of next week. He said his staff will review the final set, and barring any issues, they may be able to begin advertisement by the end of next week or the first of the following week. Mayor Schmitz commended the Commission on the success of the Easter egg hunt held at Eastgate Park on Friday, April 3rd, and he expressed appreciation to Commissioner Dorsey for all of his efforts with this event. Mayor Schmitz said he has asked Mr. West and Personnel Director Delvick McKay to look into his pay with regards to something he is considering bringing forward at a future time. He explained that he receives a salary of $41,000 per year, which he uses for economic development efforts, but half of this money is going toward taxes. He said he would like to put this money to more efficient use by instead placing it into an account for the City to use for economic development trips. He said this would be just for his term. City Manager West made the following announcements: • The Annual Special Olympics will take place at 10:00 a.m. on Wednesday, April 18th at Dothan High School, and he encouraged the public to attend. • The Chip George Classic Swim Meet will be held April 11th-12th beginning at 9:00 a.m. at the Westgate pool. • The City Youth Track Meet will take place at 9:00 a.m. on Saturday, April 11th at Dothan High School. • Opening ceremonies for Dothan Southern League softball is scheduled for 9:30 a.m. on Saturday, April 11th at Eastgate Park. • The Mercedes Benz of Dothan Dealer Tennis Tournament Championship will be April 17th-19th at the Westgate Tennis Center. • Dothan Civitan Family Fun Day will be held from 9:00 a.m. until 1:00 p.m. at the Westgate Park Miracle Field Complex on Saturday, April 18th. • The Hardee’s Pro Classic Women’s Tennis Tournament will take place April 19th-26th at the Westgate Tennis Complex. • 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. Eighteen people have enrolled, and slots are still available. He encouraged everyone to be a part of this great program. • The “How to Do Business with the City of Dothan” free workshop will be held on Thursday, April 16th in the City Commission Chambers. Networking begins at 5:30 p.m. and the program begins at 6:00 p.m. City Manager West said there was a fire at the Little Choctawhatchee Treatment Plant over the weekend and an item will need to be added to this agenda for consideration of a resolution to authorize an emergency repair of the transformer. Minutes of the Board of Commissioners – April 7, 2015, continued. City Manager West noted that the “Beaver Creek Elevated Walkway” item has been removed from the Administrative Meeting Agenda and will be considered at a later date. He advised that no formal action is required. Mayor Schmitz introduced the application of Gretchen Schulz for a Special Retail Liquor License-More than 30 days, (on premise) for The Nature Gallery, located at 156 North Foster Street. Commissioner Baxley moved for approval, motion seconded by Commissioner Newsome and unanimously carried. Mayor Schmitz introduced the application of Angelo Santiago for a Retail Beer License (on or off premise) for The Dreams Cuban Café, located at 2936 Ross Clark Circle. Commissioner Baxley moved for approval, motion seconded by Commissioner Dorsey and unanimously carried. Mayor Schmitz introduced the application of Hetal Patel for a Retail Beer and Retail Table Wine License (off premises only) for Citgo Food Mart, located at 1814 South Oates Street. Commissioner Baxley moved for approval, motion seconded by Commissioner Newsome and unanimously carried. Mayor Schmitz introduced the application of Aaron Palmer for a Retail Beer and Retail Table Wine License (on or off premise) for The Cellar, located at 1481 Westgate Parkway; Suite 1. Commissioner Baxley moved for approval, motion seconded by Commissioner Dorsey and unanimously carried. George McClintock and Marc Nelson of McClintock, Nelson, Whitehead & Associates presented a summary of the Comprehensive Annual Financial Report (CAFR). Mr. McClintock offered one-on-one assistance to Commission members to discuss the CAFR in detail. He acknowledged Finance Director Lisa Reeder and staff for doing an excellent job in preparing the management discussion and analysis. Mr. McClintock cautioned the Commission about adding too much more in debt, and he advised that they ensure the ability to pay back additional debt. He mentioned the possibility of exploring sources of revenues or cutting expenditures. He said the Commission has done an excellent job in maintaining adequate reserves, and he recommended this be continued. He thanked the Commission for allowing his firm to perform the audit and the Finance Department for their cooperative assistance. Mayor Schmitz said he is proud the City is financially strong but he is concerned with the debt going forward and the needs that are being addressed. He requested Mr. McClintock to look into and provide information regarding a guideline on debt. Commissioner Kenward confirmed with Mr. McClintock that the report does include metrics of the debt rolling off this fiscal year. Mayor Schmitz confirmed with Mr. McClintock that unfunded liability will appear on the report in September. City Manager West thanked Mr. McClintock, and he recognized the Finance Department for doing an excellent job. Commissioner Kirkland moved for acceptance of the Comprehensive Annual Financial Report (Audit) for Fiscal Year ending September 30, 2014, motion seconded by Commissioner Ferguson and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-82 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Housing Authority of the City of Dothan to continue the Public Housing Drug Elimination Program by providing eight police officers for assignment at the public housing developments for a period of one (1) year at an estimated cost of $587,857.00 with $175,000.00 being reimbursed to the City. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Newsome. Commissioner Dorsey expressed appreciation to the Police Department for doing a great job and for conducting foot and bike patrols in these areas. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-83 (recorded in Ordinance Book No._______at Page_______), entering into a Memorandum of Agreement with the Alabama Department of Public Safety (DPS) for reimbursement of registration fees in the amount of $3,900.00 for student officers successfully graduating from the Alabama Criminal Justice Training Center (ACJTC) in Selma, Alabama. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Minutes of the Board of Commissioners – April 7, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-84 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Polyenvironmental Corporation to provide laboratory services for a sum of $135,476.42 based upon the unit price per test provided in the Bid Form plus a monthly process fee of $350.00 per month. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley. City Manager West confirmed for Commissioner Newsome that this is a one year contract with two renewals. Commissioner Kenward noted that the City does some simultaneous testing with Polyenvironmental Corporation, and she confirmed with Dothan Utilities Director Billy Mayes that should the City receive a different test result, Polyenvironmental Corporation is responsible for retesting at their expense. Commissioner Kenward asked for an explanation regarding the “special services” included in the contract. Mr. Mayes said their assistance is needed to implement programs that come from the Environmental Protection Agency (EPA) and there are times when special analysis is required for certain situations that are unforeseen. Mayor Schmitz said the City previously conducted our own testing, but during the EPA lawsuit, the City agreed to do independent testing and this has been very successful. There being no further discussion, the resolution was unanimously adopted. Commissioner Ferguson moved to add the next item to the agenda, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-85 (recorded in Ordinance Book No._______at Page_______), which was read in the meeting, declaring the Little Choctawhatchee Wastewater Treatment Plant Emergency Electrical Secondary Replacement is an emergency condition and authorizing repair of the same. Commissioner Newsome moved for adoption, motion seconded by Commissioner Dorsey. Mr. Mayes explained the circumstances that occurred at the plant on Easter Sunday, April 4th which resulted in damage to the transformer. He said this situation revealed that the City is very effective in dealing with emergencies and he recognized his staff for their response. He thanked his staff, the Fire Department, and General Services staff for their help with this situation and maintaining uninterrupted service until the transformer is repaired. Commissioner Ferguson noted that the resolution does not include an amount, and he asked if the final cost for repair is known? Mr. Mayes estimated the contract cost to be around $150,000 and the total cost to include the City’s efforts to be approximately $200,000. City Manager West said the Commission will be notified of the cost once it is known. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-86 (recorded in Ordinance Book No._______at Page_______), entering into a private development agreement with Watson Downs Investments, LLC, for the installation and maintenance of water meters at Circle East Medical Subdivision located at 1070 Ross Clark Circle. Commissioner Newsome moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-87 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract and issuing a Notice to Proceed to Cornerstone Detention Products, Inc. for the Repairs to the Dothan City Jail in the amount of $272,026.00 for the Base Bid and Alternates 2 and 4. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-88 (recorded in Ordinance Book No._______at Page_______), approving a customer service agreement with Alabama Power Company to relocate a transmission line within the proposed landfill expansion area. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kenward. Mr. Corbin provided background information regarding the relocation of this transmission line. He explained that Alabama Power provided an estimate and requested at least the minimum amount to be sent to them before proceeding with the relocation. He said the Commission approved a resolution several months ago for the minimum amount and the check was sent. He explained that this agreement reflects the services each party is providing for the relocation and the next item on the agenda is for the dedication of a new easement to Alabama Power Company. He said once the relocation is Minutes of the Board of Commissioners – April 7, 2015, continued. complete, Alabama Power Company will abandon the existing easement. Commissioner Ferguson questioned why the City has to pay for the relocation and also expressed concern with not having an agreement in place before a check was sent. Mr. Corbin explained that Alabama Power has a legal easement for the current location of the transmission line on the property and the City is requesting the relocation. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Ferguson, Kenward, and Baxley; “nay:” Dorsey and Newsome. The motion was carried by the majority of four "yeas" to two “nays.” Mayor Schmitz introduced Resolution No. 2015-89 (recorded in Ordinance Book No._______at Page_______), granting an easement to Alabama Power Company for a transmission line that bisects the proposed landfill expansion area. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kenward. City Manager West confirmed for Commissioner Ferguson that this is the easement being granted for the new location of the transmission line. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Ferguson, Kenward, and Baxley; “nay:” Dorsey and Newsome. The motion was carried by the majority of four "yeas" to two “nays.” Mayor Schmitz introduced Resolution No. 2015-90 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Sungard Public Sector for program modifications to allow donated sick leave to be included in the existing vacation bonus program and to attach emergency sick leave accrual to full time, active employees, in the amount of $1,600.00. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Dorsey. City Manager West stated that this is a one-time cost. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-91 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Durden Outdoor Displays for an in-kind sponsorship for the Hardee’s Pro Classic Tennis Tournament. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz gave thanks to Durden Outdoor Displays. Mayor Schmitz introduced Resolution No. 2015-92 (recorded in Ordinance Book No._______at Page_______), Reappointing Sharon Kelley as a member of the SpectraCare Health System’s Inc. Board. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-93 (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 Youth Athletic Trophies: Jackson’s Trophies & Awards, Inc. See Price in All units are quoted more or less. Dothan, AL Description 1. 2" die cast metal sculptured Medals with Ribbons: Quantity 50, Unit Price: $1.92 Total Price: $96.00 Group A Youth Individual Trophies: 1. 2" Plastic Columns-Quantity 200, Unit Price: $6.06 Total Price: $1,212.00 2. 3 " Plastic Columns-Quantity 150, Unit Price: $6.11 Total Price: $916.50 Total Group "A" Price: $2,128.50 Group B Youth Team Trophies: 1. City Champions : 9" Wood Columns, Quantity 5, Unit Price: $20.50 Total Price: $102.50 Minutes of the Board of Commissioners – April 7, 2015, continued. 2. League Champions: 7" Wood Columns, Quantity 7, Unit Price: $20.30 Total Price: $142.10 3. Runner Up: 5" Wood Columns: Quantity 2 (or more), Unit Price: $20.00 Total Price: $40.00 Total Price Group "B": $284.60 Group C: Specialty Trophies: 1. City Champions - Quantity 200, Unit Price: $6.98 Total Price: $1,396.00 Total Price Group "C": $1,396.00 Group D: Tournament Specifications 1. First Place; Count 10-15 Unit Price: $53.38 (Based on 15 Units)Total: $800.70 2. Second Place; Count 10-15 Unit Price: $51.70 (Based on 15 Units)Total: $775.50 3. Third Place; Count 10-15 Unit Price: $50.70 (Based on 15 Units)Total: $760.50 4. Fourth Place; Count 5 Unit Price: $49.70 (Based on 5 Units) Total: $248.50 Total Group D: $2,585.20 Plaques: 10" x 10" Home Plate Plaques with City Seal: Unit Price: $14.95 8' x 10" Standard Plaque: Unit Price: $17.99 Other Purchases: 1 Professional Services King & Spalding $ 3,180.00 through 1/31/15 Atlanta, GA Project Number 850310- Defense of EPA Enforcement Action 1 Professional Services Maynard, Cooper & Gale P C $ 497.70 through 1/31/15 Birmingham, AL Claim Number 2003124 ReaMonica Carney 1 Professional Services Maynard, Cooper & Gale P C $ 20,382.93 through 2/24/15 Birmingham, AL Claim Number 2003132 Ivan K. Gray Professional Services for Lyle Sumek & Associates, Inc. $ 18,005.69 Strategic Planning Palm Coast, FL Quantity 12 (or more) for all Items; Applied Concepts, Inc. See Price in Radar Systems for New Police Cars; Plano, TX Description Sole Source. Stalker DSR2X with all Accessories (Connectors, Cables) with 3 Year Warranty, Unit Price: $2,695.00 Remote Display, Unit Price $62.00 Approximate Shipping & Handling, Unit Price: $17.50 Estimated Total for 12: $33,294.00 Provide materials and labor to install Marty Robbins Roofing $ 15,900.00 new PVC roof on Therapeutic Building Dothan, AL (over existing roof) by installing one layer of 1/2" insulation and 50 mil Duro-Last single-ply roof membrane. Work to also include flashing walls and penetrations and adding gutters and downspouts at rear of building. Company will provide a 5-year labor warranty and a hail damage warranty. Minutes of the Board of Commissioners – April 7, 2015, continued. Duro-last provides a 15-year material and labor warranty on their products. 2016 Kenworth T370 with 26 yard Ingram Equipment Company, LLC See Price in body, Quantity 1 (or more), Unit Cost: Pelham, AL Description 2 $235,781.44, National Joint Powers Alliance (NJPA) Contract, Replacing Vehicle Number 8026 2016 Kenworth T370 with 26 yard Ingram Equipment Company, LLC See Price in body, Quantity 1 (or more), Unit Cost: Pelham, AL Description 2 $235,781.44, National Joint Powers Alliance (NJPA) Contract, Replacing Vehicle Number 8026 1 The expenses for these legal cases have exceeded $15,000.00. 2 Municipalities are allowed to join and purchase items through purchasing co-operatives that have been approved by the State of Alabama Board of Examiners. These refuse trucks are not available from the State of Alabama awarded bid contracts. Commissioner Dorsey then moved for adoption of Resolution No. 2015-93, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-94 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Chris Clayton Personal Protective Equipment for $ 30.00 Biological Infections Montgomery, AL Jason Miller Regional Seminars for Municipal $ 1,311.00 Melissa Killingsworth Court Officials Susan Grace Mobile, AL James Hancock 2015 Eastern Regional Workshop for $ 1,230.00 Survalent Technology Destin, FL Billy R. Mayes ACF Stakeholders Governing Board $ 473.42 Meeting Apalachicola, FL Kenneth Hatcher Mitsubishi CITY MULTI Service Course $ 1,187.48 Max Greg Davis Suwanee, GA Romona Marcus Sungard Education & Training User’s $ 2,675.60 Tammy Whitehurst Conference Atlanta, GA Kim Meeker 2015 USTA Pro Circuit Tournament $ 150.00 Directors Workshop Pompano Beach, FL th Victoria Garrett 34 National Peace Officers’ Memorial $ 1,601.02 Rachel David Services Washington, D.C. Tim Mullis 2015 National Law Enforcement Training $ 685.92 On Child Exploitation Atlanta, GA Brian Goguen FBI Sniper School $ 1,105.00 Pete Markow Montgomery, AL Chris Etheredge SEAFC/AAFC Joint Leadership $ 2,660.63 Jim Watson Conference Thomas Groomes Birmingham, AL th Marshall Perry 45 Annual IEBA Conference (International $ 2,367.00 Entertainment Buyer’s Association) Nashville, TN Minutes of the Board of Commissioners – April 7, 2015, continued. Matt Barnhill GIS of Alabama Conference $ 630.00 Gulf Shores, AL Len White Katherine Thomas vs. City – Deposition $ 2,064.36 Of Expert Witness Phoenix, Arizona Ronnie Bruce OMICRON’s Georgia CMC User Meeting $ 1,325.40 Tom Ethridge Warner Robins, GA James Shultz Mathew West Justin Dodson Drug Recognition Expert School $ 75.00 Mario Nikic Selma, AL Rose Gordon 2015 Municipal Court Summit $ 616.00 Tonja Minnifield Birmingham, AL Paul Smith 2015 SUGA International Education & $ 1,275.00 Training Event Atlanta, GA L. Bart Barefoot Alabama Association of Floodplain $ 640.00 J. Larry Lofton Managers 2015 Spring Seminar Jonathan B. Lucas Montgomery, AL Tyler S. Reeder Commissioner Dorsey then moved for adoption of Resolution No. 2015-94, motion seconded by Commissioner Baxley and unanimously carried. There being no further business, Commissioner Ferguson moved that the meeting be adjourned, motion seconded by Commissioner Newsome 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/Beth Kenward, Associate Commissioner /s/Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS