City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JUNE 16, 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, June 16, 2015 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Albert Kirkland, John Ferguson, and Beth Kenward. Commissioner Hamp Baxley arrived at 10:12 a.m. Commissioner Amos M. Newsome, Jr. 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. Pastor W. Charles Lewis, Dothan Community Church, then led in prayer, afterwhich Commissioner Kenward led in the Pledge of Allegiance to the Flag. Commissioner Kirkland moved that the Minutes of the Meeting of June 2, 2015, be approved, motion seconded by Commissioner Dorsey and unanimously approved. Mayor Schmitz announced that a resolution will be added as Item No. 22A and appropriate action will be taken at that time. Mayor Schmitz said the Commission has agreed to grant the Southeast Alabama Solid Waste Disposal Authority ninety days to end their current contracts in order to allow customers time to obtain new services. Mayor Schmitz said he will send a letter to the Authority today notifying them of this decision. Mayor Schmitz said the Alabama State Games held June 12th-14th was an extraordinary event and the opening ceremonies were wonderful. He said he is proud of our City, City Manager West, and the departments of Leisure Services, Police, and Fire for doing a great job. He expressed appreciation to the volunteers and everyone involved in making this event a success. He said we have a three year commitment and are looking forward to next year. Mayor Schmitz said Michelin has just announced another $22 million investment and 44 jobs. He said Michelin is an incredible company, and with this commitment, great things are happening in our City. He said right now we have around $200 million worth of new investment committed to this City and hundreds of jobs. Mayor Schmitz said he believes the next step is to connect people with these jobs and to improve the training of skilled workers for the future. He said we have come a long way in the last five years, and he congratulated all the people who have been involved. City Manager West introduced and recognized the recent Dothan 101 graduates. A number of participants spoke about the benefits of the program, and they encouraged others to take the class. City Manager West invited Youth Baseball Coach John Edwards to speak. Coach Edwards introduced and recognized Local and Sectional Pitch, Hit & Run Competition winner Miles Snell. Mr. Snell said this has been a nice journey and he enjoys competing. Coach Edwards said Mr. Snell recently competed in Atlanta at the Regional Competition and is awaiting the results to learn if he will be chosen to compete in the National Competition in Cincinnati, Ohio. City Manager West praised everyone involved with the Alabama State Games. Commissioner Baxley arrived at this time. City Manager West made the following announcements: Minutes of the Board of Commissioners – June 16, 2015, continued. • Patterson & Dewar Engineering is conducting an assessment of utility poles throughout the City and will need to be on the right-of-way in order to access the poles. He urged citizens to use caution during this time. • East Selma Street between South Appletree Street and Duke Street will be closed June 18th-19th to allow Bay Line Railroad to make repairs on their crossing. • Should the temperature reach 100 degrees or more this week, the City’s recreation centers will be made available until 9:00 p.m. for residents who are in need of relief from the high temperatures. Mayor Schmitz introduced the application of Kassie Torres for a Restaurant Retail Liquor License (on premise) for Bel Airs Café and Grill, located at 4636 South Oates Street. Commissioner Kirkland moved for approval, motion seconded by Commissioner Dorsey. Mayor Schmitz asked if there was anyone present to speak on this matter and there were none. There being no discussion and upon the motion being put to vote, the motion was unanimously carried. Mayor Schmitz announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Resolution No. 2015-147 (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 Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-148 (recorded in Ordinance Book No._______at Page_______), declaring certain properties which are overgrown with weeds, scrub, wild bushes, grass and other vegetable growth as injurious to the health, safety and welfare of the community as nuisances and calling for a public hearing to be held on the matter during the regularly scheduled commission meeting on July 7, 2015. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-149 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be in violation of Article III, Chapter 106 of the City of Dothan Code of Ordinance (repeat offenders) 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 Kenward moved for adoption, motion seconded by Commissioner Baxley. City Manager West noted that this is the first expedited process to occur since the Commission approved the ordinance amendment addressing repeat offenders. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-150 (recorded in Ordinance Book No._______at Page_______), approving the utilization of seizure funds to pay various allowable expenditures for Police Department operations in the amount of $37,991.00, and appropriating funds for said expenditures. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-151 (recorded in Ordinance Book No._______at Page_______), applying for and accepting funding from the United States Department of Justice, Bureau of Justice Assistance 2015 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $27,672.00, $22,137.60 for the City of Dothan and $5,534.40 for Houston County, for the purchase of law enforcement technology advancement and equipment. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Minutes of the Board of Commissioners – June 16, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-152 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the United States Department of Justice, Drug Enforcement Administration for reimbursement of overtime expenses not to exceed $17,374.25. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-153 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a tap, valve, fire line and copper service on Montgomery Highway, 231 North for access to Care at 3542 Montgomery Highway. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-154 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation, for the grade, drain, base, pave and construction of a girder replacement bridge on CR-25 (Denton Road) over Rock Creek. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-155 (recorded in Ordinance Book No._______at Page_______), agreeing to pay the Alabama Department of Transportation (ALDOT) the sum of $1,472,425.81 for the City’s share of the construction, engineering and inspection of the Denton Road Bridge over Rock Creek. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. City Manager West said these funds are available in the budget. Commissioner Dorsey asked if there is a hard date on this project. Public Works Director Jerry Corbin estimated two months, and City Manager West advised that ALDOT will handle this contract. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-156 (recorded in Ordinance Book No._______at Page_______), that Resolution Number 2009-344 is hereby rescinded and that City of Dothan award the bid, enter into a contract, and issue a Notice to Proceed to Lewis Construction, LLC, for the James O. Oates Park, Phase I Project in the amount of $11,883,000.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson inquired into the reason for rescinding Resolution Number 2009-344. City Manager West explained that this was the resolution that allowed the City to set aside reserves for this project and the remaining funds will be used for the wellness pool project. Commissioner Ferguson said this is a lot of money and there are differing opinions as to whether this is the most appropriate use. He said he feels this is certainly not the most important project we have, as there are much more pressing needs, but due to the fact that this has been planned for so long and the money has been reserved, he plans to support the project. He said he does think it is a great project, especially with the public-private partnerships, but he does not want to be confused as to not having his priorities in order as a commissioner. Mayor Schmitz said we are going to build a world class facility for girl’s softball. He recognized that there is a softball player from Dothan on Auburn University’s team who recently competed in the Women’s College World Series event. Mayor Schmitz confirmed with Bob Hendrix, Executive Director of the Dothan Area Convention and Visitors Bureau, who was present in the audience, that their $2 million contribution to this project is immediately available. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz said he is proud a local vendor was awarded the bid, and he recognized Mike Lewis, President of Lewis Construction, for his investment in our community. Commissioner Kirkland thanked the staff and contractors for their time and efforts spent in working on the rebid for this project. Mayor Schmitz introduced Resolution No. 2015-157 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with CDG Engineers & Associates for construction engineering and inspection services for Bridge Replacement on CR-25 (Denton Road) over Rock Creek in accordance with the Agreement for Construction Engineering Services for a not-to-exceed amount of $295,000.00 without authorization of the City Commission. Commissioner Dorsey Minutes of the Board of Commissioners – June 16, 2015, continued. moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-158 (recorded in Ordinance Book No._______at Page_______), appropriating funds in the amount of $96,526.00 for easement acquisition and accepting said easements for the 2014 Rock Creek Little Choctawhatchee Line Project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-159 (recorded in Ordinance Book No._______at Page_______), accepting the proposal submitted by Carmichael Engineering, Inc., for construction monitoring and testing for the James O. Oates Park, Phase I Project, in the amount of $76,000.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey. Commissioner Ferguson inquired into the difference between this work and the responsibility of Lose & Associates during the construction process of this project. Mr. Corbin explained that Lose & Associates will perform periodic site visits, review and approval of all shop drawings, and approval of pay estimates while Carmichael Engineering will perform all testing. He discussed the amount of dirt work involved with this job and he said each field section layer must be tested. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-160 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Motorola for a System Update Agreement for the Fire Station Alerting System for a total cost of $56,509.70. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-161 (recorded in Ordinance Book No._______at Page_______), which was read in the meeting, approving payment in the amount of $135,000.00 to the law firm of Maynard, Cooper & Gale, PC for settlement of all claims in the case of Ivan “Keith” Gray vs. City of Dothan, US District court case no. 14 cv-592. Commissioner Kenward moved to add this item to the agenda, motion seconded by Commissioner Baxley and unanimously carried. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Baxley. Mayor Schmitz said the Commission considered the money that has been spent on this case and the money that may have to be spent by going to trial. He said this decision was made because it is best for our taxpayers. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-162 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of May, 2015 in the amount of $11,606,641.84. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-163 (recorded in Ordinance Book No. _______at Page_______), approving other purchases over $15,000.00 by the City. ITEM VENDOR AMOUNT Professional Services Maynard, Cooper & Gale PC $ 11,887.20 through 4/30/15, Birmingham, AL ReaMonica Carney v City of Dothan, 1 Claim Number: 2003124 Remove and Install Ronnie Williams Vinyl Service $ 17,450.00 Thirty Five (35) Cottonwood, AL Windows at the Cultural Arts Center 1 Total expenses for these legal expenses have exceeded $15,000.00. Commissioner Kirkland then moved for adoption of Resolution No. 2015-163, motion seconded by Commissioner Kenward. Commissioner Ferguson inquired into the status of the Opera House windows. City Manager West said the project Minutes of the Board of Commissioners – June 16, 2015, continued. will be bid after the design is finalized, and General Services Director Randy Morris advised that the design is nearly complete. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-164 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Todd David Supervisor Leadership Institute $ 1,330.00 Homewood, AL Tony Thorne Dixie Angels District Tournament $ 2,100.00 Greenville, AL Jyssica Curenton Dixie Angels District Tournament $ 2,100.00 Greenville, AL Jonathan Wood Dixie Darlings District Tournament $ 2,100.00 Greenville, AL Eddie Arnold Dixie Darlings District Tournament $ 2,100.00 Greenville, AL Randall S. Morris 2015 Alabama Water Resources Conference $ 1,000.16 Orange Beach, AL Robert Cole Alabama Meth Container Storage Program $ 610.00 Timothy Powell Birmingham, AL Dennis Cosby Dixie Belles District Tournament $ 2,100.00 Greenville, AL Kenny Thompson Dixie Ponytails District Tournament $ 2,100.00 Greenville, AL Justin Foster Transportation of Prisoners $ 90.00 Thomas Ezell Jackson County, FL th Jamie Quattlebaum AWPCA 70 Annual Short Course and $ 1,894.00 Donnie Bedsole Conference Patrick Ray Huntsville, AL Roger Lynch AREA’s Staking Technician Training and $ 3,834.00 Matthew West Certification – Phase II Montgomery, AL Rachel David United States Department of Commerce - $ 1,603.51 Amy Elliot Boulder Laboratories Public Safety Patty Poole Communications Research Todd David Boulder, CO Elston Jones NRPA (National Recreation & Parks $ 2,393.04 Association) Congress Las Vegas, NV Maurice Head Community Planning and Development $ 217.00 Director’s Meeting Birmingham, AL Commissioner Kirkland then moved for adoption of Resolution No. 2015-164, 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 See approval next page: Minutes of the Board of Commissioners – June 16, 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