City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING JULY 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, July 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, 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 Clint McBroom, Highland Park United Methodist 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. Commissioner Baxley moved that the Minutes of the Meeting of June 16, 2015, be approved, motion seconded by Commissioner Dorsey and unanimously approved. In reference to the infant discovered unresponsive in a swimming pool on Lake Street last week, Commissioner Dorsey asked that everyone keep the child and his family in their prayers. Mayor Schmitz thanked Jason Rudd and all the volunteers for their hard work with the National Peanut Festival’s “Fireworks at the Fairgrounds” event held Saturday, July 4th. He said this was a wonderful event, and he is looking forward to next year. Mayor Schmitz honored Major General Roger Peterson, USAF, Retired, who was present in the audience, for being a great advocate for our community. Mayor Schmitz said General Peterson is a long-time banker, writes our monthly economic report, and is very helpful with economic development. Mayor Schmitz expressed his gratitude to General Peterson for being a wonderful asset to Dothan. City Manager West announced that the public comment period for the Community Development Block Grant Action Plan will be open through Friday, July 17th. City Manager West announced that the Police Department is accepting registration forms for their Junior Police Academy until Friday, July 10th for the July 20th-24th session. He said this is a great opportunity for young people and he encouraged participation in the program. City Manager West expressed his appreciation to everyone involved in bringing fireworks back to the National Peanut Festival Fairgrounds for the July 4th celebration. Mayor Schmitz introduced the application of Rajiv Sharma for a Retail Beer and Retail Table Wine License (off premise) for Raceway 6927, located at 1581 Ross Clark Circle. Commissioner Newsome moved for approval, motion seconded by Commissioner Baxley. 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. 2015-165 (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 Minutes of the Board of Commissioners – July 7, 2015, continued. the health, safety and welfare of the community as nuisances and ordering that the properties be abated. Commissioner Baxley moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-166 (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 21, 2015. Commissioner Baxley moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-167 (recorded in Ordinance Book No._______at Page_______), adopting covenants required by the U.S. Army Corps of Engineers for the wetland mitigation of James O. Oates Park, Phase I. Commissioner Baxley moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-168 (recorded in Ordinance Book No._______at Page_______), approving tax incentive abatements for the addition to existing facilities for Nutcracker Brands, Inc., located at 2700 Horace Shepard Road. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson and Mayor Schmitz thanked Representative Paul Lee for his sponsorship of the bill making this possible. Mayor Schmitz expressed his gratitude to Dothan Area Chamber of Commerce President Matt Parker, the economic development team, and this Commission for their quick response when the plant was purchased by ConAgra. Mayor Schmitz said we are grateful for their investment in our community and for employing our people. Mr. Parker introduced Plant Manager Jeremy Mayes to speak on behalf of ConAgra. Mr. Mayes said the facility improvements are designed to make sure the plant can be profitable and operational for a long time. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-169 (recorded in Ordinance Book No._______at Page_______), accepting a grant award in the amount of $798,000.00 from the Wiregrass Foundation to aid in construction of bridges and boardwalks at the Forever Wild Trail, and appropriating funds for said construction. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley. Mayor Schmitz thanked the Wiregrass Foundation, Dr. Barbara Alford, and their Board of Directors for their investment in our community. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz invited Dr. Alford to the podium, and they signed the award agreement. Mayor Schmitz introduced Resolution No. 2015-170 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Mowrey Elevator for elevator maintenance services at a yearly cost of $10,944.00. Commissioner Newsome moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-171 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the State of Alabama for improvements to the Lake Street railroad crossing. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-172 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the State of Alabama for operation and maintenance of traffic control signal and school flashers at the intersection of AL Hwy 605 and Flowers Chapel Road. Commissioner Kenward moved for adoption, motion seconded by Commissioner Baxley. City Manager West explained that this was previously a Houston County road but it is now controlled by the State of Alabama, and this agreement is necessary for the City to continue to perform maintenance as we have always done. There being no further discussion, the resolution was unanimously adopted. Minutes of the Board of Commissioners – July 7, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-173 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a tapping sleeve and valve with fire line for fire and water service for the McDonald’s rebuild at 619 West Main Street. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kenward. Mayor Schmitz expressed appreciation to the owners of McDonalds for their investment downtown. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-174 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with FirstCard ATM, Inc. to maintain an ATM machine at the Roy Drigger’s Municipal Building/Civic Center for a period of five (5) years with automatic one (1) year renewal after the initial term. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-175 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with FirstCard ATM, Inc. to maintain an ATM machine at Water World or in the off season at Westgate Recreation Center for a period of five (5) years with automatic one (1) year renewal after the initial term. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-176 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Merchant e- Solutions, Inc. through Synovus Bank for the acceptance of credit and debit cards for building permits for a three (3) year period. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-177 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with CenturyLink Sales Solutions, Inc., to provide city wide telephone service at an estimated cost of $13,797.16 per month, for a three year period. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-178 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Sungard Public Sector for program modification to the Positive Pay File (check fraud), in the amount of $800.00. Commissioner Kenward moved for adoption, motion seconded by Commissioner Baxley. City Manager West confirmed for Commissioner Ferguson that this is a one-time charge. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-179 (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 Baxley moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-180 (recorded in Ordinance Book No._______at Page_______), appointing Hamp Baxley as the City of Dothan representative on the Alabama Municipal Electric Authority’s Membership Election Committee. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-181 (recorded in Ordinance Book No._______at Page_______), appointing Twyla Williams as a member of the Community Development Advisory Board. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-182 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City. Minutes of the Board of Commissioners – July 7, 2015, continued. ITEM VENDOR AMOUNT Proteam 3 Inch High Tech Tabs Consolidated Ace of Dothan See Price in (or Equal) in 50 Pound Buckets Dothan, AL Description for City Pools: Brand: Pro Team Price Per Bucket: $159.25 Quantity: 150 (more or less) Pulsar Chlorine Briquettes Consolidated Ace of Dothan See Price in (or Equal) in 50 Pound Buckets Dothan, AL Description for Pools: Brand: Pulsar Price Per Bucket: $129.79 Quantity: 250 (more or less) Water World Pavilion: John F. Daughtry dba DAFOR $ 23,400.00 30' x 60' Greenville, AL Pine Hills Park Pavilion: John F. Daughtry dba DAFOR $ 6,100.00 20' x 20' Greenville, AL New Single Phase Underground Gresco Capstone See Price in Padmount Transformers, per Dothan, AL Description City of Dothan Bid Specifications: 1) 37.5 KVA Single Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620V/240/120: Quantity: 12 (more or less): Price: $1,225.00 2) 50 KVA Single Phase Padmount Transformer Loop Feed Dead Front, Primary Voltage 7620/240/120: Quantity: 7 (more or less): Price: $1,327.00 3) 75 KVA Single Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620V/240/120: Quantity: 1 (more or less): Price: $1,564.00 4) 100 KVA Single Phase Padmount Transformer Loop Feed Dead Front, Primary Voltage 7620/240/120: Quantity: 1 (more or less): Price: $1,888.00 5) 167 KVA Single Phase Padmount Transformer Loop Feed Dead Front, Primary Voltage 7620/240/120: Quantity: 1 (more or less): Price: $2,825.00 New 3 Phase Underground Gresco Capstone See Price in Padmount Transformers, per Dothan, AL Description City of Dothan Bid Specifications: 2) 150 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 1 (more or less): Price: $5,521.00 3) 300 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 2 (more or less): Price: $7,433.00 4) 300 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 1 (more or less): Price: $7,010.00 7) 750 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 1 (more or less): Price: $12,140.00 8) 750 KVA 3 Phase Padmount Minutes of the Board of Commissioners – July 7, 2015, continued. Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 1 (more or less): Price: $11,373.00 9) 1000 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 1 (more or less): Price: $15,368.00 10) 1000 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 1 (more or less): Price: $13,475.00 11) 1500 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 1 (more or less): Price: $21,386.00 New 3 Phase Underground Mayer Electric Supply See Price in Padmount Transformers, Dothan, AL Description per City of Dothan Bid Specifications: 1) 150 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 2 (more or less): Price: $5,575.00 5) 500 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 120/208: Quantity: 4 (more or less): Price: $9,755.00 6) 500 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 2 (more or less): Price: $8,442.00 12) 1500 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 1 (more or less): Price: $18,317.00 13) 2500 KVA 3 Phase Padmount Transformer Loop Feed, Dead Front, Primary Voltage 7620-13200 Secondary Voltage 277/480: Quantity: 3 (more or less): Price: $25,169.00 DOTHAN UTILITIES WIRE BID: Gresco Capstone See Price in 1) 350 Quad Underground Wire, Dothan, AL Description Quantity 3,000 feet (more or less): Unit Price: $3.00 per foot Total Price: $9,000.00 2) 1/0 Triplex Overhead, Quantity 6,000 feet (more or less): Unit Price: $.81 Total Price: $4,860.00 3) #2 ACSR Wire, Quantity 10,000 feet (more or less): Unit Price: $.0161 Total Price: $1,610.00 Other Purchases: Professional Services through Maynard, Cooper & Gale $ 3,789.93 5/29/15 Claim Number 2003132, Birmingham, AL 2 Personnel Board v Ivan K. Gray Minutes of the Board of Commissioners – July 7, 2015, continued. Professional Services through King & Spalding $ 16,123.92 4/30/15 Project Number: 850310, Atlanta, GA Defense of EPA 3 Enforcement Action City of Opelika Assistance City of Opelika $ 23,945.91 to Dothan for Storm Work, Opelika, AL Including Salaries; Equipment, Fuel, & Overhead Pow-R Mole Push Box, Pow-R Mole Sales LLC $ 26,636.94 Rods & Parts Lancaster, NY Used for Continuity; Sole Source Provider Telephone Services to Pay CenturyLink See Price in Invoices Until Bid is Awarded Dothan, AL Description for: April, 2015 thru July, 2015 Estimated $21,000 a month, 4 Months-Total $84,000.00 Notes: 2 Total expenses for legal claim number 2003132 have exceeded $15,000.00. 3 Total expenses for legal project number 850310 have exceeded $15,000.00. Commissioner Dorsey then moved for adoption of Resolution No. 2015-182, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-183 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Garry Shirah AMROA Summer Conference $ 245.00 Tuscaloosa, AL Tyson Carter Dixie Boys and Jr. Dixie Boys State $ 275.00 Tournament and Dixie Girls Softball State Tournament Troy and Enterprise, AL Jonathan Wood Dixie Boys and Jr. Dixie Boys State $ 5,875.00 Tournament Troy, AL Eddie Arnold Dixie Darlings State Tournament $ 2,900.00 Enterprise, AL Jyssica Curenton Dixie Angels State Tournament $ 2,900.00 Enterprise, AL Tony Thorne Dixie Angels State Tournament $ 2,900.00 Enterprise, AL Kenny Thompson Dixie Ponytails State Tournament $ 2,900.00 Enterprise, AL Dennis Cosby Dixie Belles State Tournament $ 2,900.00 Enterprise, AL Lynn Watkins FBI – LEEDA Executive Leadership Institute $ 1,770.00 Brad Cain for Law Enforcement Executives Rachel David Ozark, AL Doug Magill Alabama Association of Polygraph Examiners $ 1,300.00 Tim Mullis Annual Seminar Orange Beach, AL Mark Thompson 2015 Doble Client Field Seminar $ 849.00 James Shultz Orlando, FL Ken Rice Alabama Recycling Coalition Conference $ 497.00 & Expo Montgomery, AL Minutes of the Board of Commissioners – July 7, 2015, continued. Brad Cain FBI –LEEDA Supervisor Leadership Institute $ 1,400.00 For Law Enforcement Executives Homewood, AL Scott Owens Drug Recognition Expert National Conference $ 1,105.04 Cincinnati, OH Chris Phillips Electric Cities of Alabama’s Annual Meeting $ 1,218.00 (REVISED) and Governmental Affairs Conference Miramar Beach, FL Dothan Dolphin Swim 2015 Alabama Recreation & Parks $ 4,649.50 Team Swimmers (40) Association State Swim Meet Birmingham, AL Commissioner Dorsey then moved for adoption of Resolution No. 2015-183, motion seconded by Commissioner Baxley. Commissioner Ferguson expressed concern with the total dollar amount of travel being approved every two weeks, and he asked for the department heads to really scrutinize these requests in order to ensure their necessity. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kenward, and Baxley; “nay:” Ferguson. The motion was carried by the majority of five "yeas" to one “nay.” Commissioner Dorsey moved to accept easements from Dow T. Huskey, III and Whit L. Huskey, needed to maintain, repair and upgrade existing utility facilities and sidewalks at the intersection of West Adams Street and North Oates Street at 112 West Adams Street, motion seconded by Commissioner Newsome. Mayor Schmitz thanked the Huskey family. There being no further discussion, the motion was unanimously carried. Mayor Schmitz announced an appeal of action taken by the City of Dothan Planning Commission on May 20, 2015 regarding Development Plans for a telecommunication tower at 2390 Hartford Highway, B-2 District (Highway Commercial), Tower Concepts, LLC represented by Praestare Engineering. Commissioner Baxley recused himself from this item due to the fact that he has an attorney-client relationship with one of the parties to this matter. Commissioner Ferguson moved to approve the appeal, motion seconded by Commissioner Kenward. Commissioner Ferguson said there was quite a bit of discussion on this item during the Planning Commission meeting, but there were a few items that were not clarified. Commissioner Ferguson asked for the Commission to overturn the action taken, and he added that he has heard from many Planning Commission members who have requested that the Commission support the appeal. Planning Director Todd McDonald confirmed for Commissioner Newsome that should the Commission approve this appeal the item would not need to be brought back before the Planning Commission. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Ferguson, and Kenward; “nay:” none; “abstained:” Baxley. The motion was carried by the majority of five "yeas" to one “abstention.” Mayor Schmitz requested an Executive Session at this time to discuss pending litigation. Commissioner Baxley then moved to go into Executive Session, motion seconded by Commissioner Ferguson and unanimously carried. City Attorney Len White stated that this meeting is pursuant to a provision in Alabama law to discuss pending litigation. Upon returning from Executive Session, the meeting reconvened. Mayor Schmitz stated that no action was taken. Mayor Schmitz announced that a resolution will be added at this time, and he requested a motion and a second to add this item. Commissioner Baxley moved to add the next item to the agenda, motion seconded by Commissioner Ferguson and unanimously carried. Minutes of the Board of Commissioners – July 7, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-184 (recorded in Ordinance Book No._______at Page_______), which was read in the meeting, accepting the recommended settlement amount of $676,180.00 as a full and final resolution of all claims relating to the BP Deepwater Horizon oil spill and releasing all parties made defendants to the pending claims. Commissioner Baxley moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. There being no further business, Commissioner Ferguson moved that the meeting be adjourned, motion seconded by Commissioner Dorsey 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