City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING AUGUST 18, 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, August 18, 2015 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., Albert Kirkland, John Ferguson, Beth Kenward, 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. Associate Pastor Mike Golson, First Baptist Church, then led in prayer, afterwhich Commissioner Kirkland led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of August 4, 2015, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Commissioner Kenward presented and read a proclamation, proclaiming August 31, 2015 as “Overdose Awareness Day.” Susan Trawick and Shawn Weed with Dothan-Houston County Substance Abuse Partnership were present for the proclamation. Commissioner Kenward reminded citizens that she and Commissioner Ferguson will host a Joint Town Hall Meeting on Monday, August 24th at the Westgate Library beginning at 5:30 p.m. Mayor Schmitz thanked the Dothan Exchange Club and President Pam Miles for honoring first responders at their meeting yesterday. City Manager West invited Leisure Services Assistant Director of Programs Roy Kitts to recognize two Dothan athletes who participated in the Special Olympics World Games in Los Angeles, California. Mr. Kitts recognized Gregory Guilford and Andrew Neve for being chosen to represent the U.S.A. as part of a unified volleyball team and for winning the Gold Medal at the Games. City Manager West made the following announcements: • Troy University has reserved the date of Thursday, December 17th for the men’s basketball team to play Paine College in the Civic Center arena. • The Grand Opening of the Andrew Belle Pool has been tentatively set for Saturday, August 29th. • Please keep Lane Mayes, son of Dothan Utilities Director Billy Mayes, in your prayers as he undergoes surgery on Thursday, August 20th. • Dothan Fire Department’s annual “Going for the Gold” event to raise money for childhood cancer will be held Saturday, August 29th at Westgate Park. • Regarding the proposed changes to the Utilities Code of Ordinances, input from the Commission has been received and the rates are being reviewed. He and Mayor Schmitz will determine a date in the future for this item to be placed on the agenda. • Foster Fest will be held Friday night, August 21st and the Wiregrass Museum of Art’s annual fundraiser event “Yard Party for Art” will be held Saturday, August 22nd. Minutes of the Board of Commissioners – August 18, 2015, continued. Regarding the proposed changes to the Utilities Code of Ordinances, Mayor Schmitz thanked the Commission for all of their work and the input provided at the Work Session held on Monday, August 10th. 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 Ordinance No. 2015-221 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Bill Head, Lot 16, Block B, Griffin Heights Subdivision located on Briarcliff Road, from R-1 (Residential, Single-Family, Low Density) District to B-3 (Local Shopping) 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, Kenward, 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. 2015-221, motion seconded by Commissioner Ferguson. Catherine Fancher of 3201 Mockingbird Lane asked for clarification on the location and size of this lot. Commissioner Baxley described the location of the lot, and he explained that the request is to rezone this lot to the same zoning as the adjoining parcels owned by the same person. Ms. Fancher said she and her neighbors are concerned with an increase in traffic to the area, and she asked what kind of development is being proposed. Planning Director Todd McDonald explained that the procedure is to rezone property based on the proposed land use. He said his department initially had some reservations about rezoning this lot because it does not front Westgate Parkway, but in the process of working with the applicant, the applicant agreed to resurvey the property altogether as one piece so that it is treated as one development site when plans are submitted. Mr. McDonald said his department is sensitive to the concerns expressed by Ms. Fancher, and though no plans have been submitted yet, the goal is to have the access on Westgate Parkway and not on Briarcliff Road. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Baxley; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2015-222 (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 Baxley moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-223 (recorded in Ordinance Book No._______at Page_______), confirming the costs incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2015-148 and Resolution Number 2015-165 and turning the costs over to the County Tax Collector so that the amount 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 Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-224 (recorded in Ordinance Book No._______at Page_______), adopting the Southeast Alabama Regional Multi- Jurisdictional Hazard Mitigation Plan. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland. City Manager West explained that this plan must be adopted in order for the City to be able to qualify for FEMA funds. He advised that Dothan Fire Chief Larry Williams has reviewed and is okay with the plan. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-225 (recorded in Ordinance Book No._______at Page_______), adopting the Title VI Program required by ALDOT subrecipients receiving federal funding for transit services. Commissioner Minutes of the Board of Commissioners – August 18, 2015, continued. Newsome moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-226 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice to Proceed to Mid-South Paving Inc., of Dothan, Alabama for street resurfacing scheduled for 2015 for the sum of $1,733,790.00. Commissioner Kenward moved for adoption, motion seconded by Commissioner Baxley. Commissioner Ferguson said he had asked for Petty Street to be considered, and he inquired if this is a possibility. Public Works Director Jerry Corbin advised that we will have to see if there is money left over in order to resurface Petty Street. Catherine Fancher asked which streets are scheduled for resurfacing and she noted the amount of the contract. City Manager West said there are approximately 24 streets and the list was published in today’s newspaper. Commissioner Dorsey advised Ms. Fancher to contact Mr. Corbin after the meeting to obtain the list. Commissioner Kenward explained that the sum is more than the normal amount of $1.5 million for annual resurfacing because it includes rolled over money that was able to be saved from last year. Ms. Fancher said Mid-South Paving Inc. is located very close to property of hers, she has some concern about this, and she would like to know where they are actually going to pave. Commissioner Ferguson said the list of streets has been published, and Ms. Fancher was advised to obtain this list from Mr. Corbin following the meeting. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced a proposed resolution, entering into an agreement with Northstar Engineering for professional consulting services for the Westgate Parkway Sidewalk Project in the amount of $14,500.00. Commissioner Kirkland moved for approval. Mayor Schmitz called for a second to this motion. The motion died due to lack of a second. Mayor Schmitz introduced Resolution No. 2015-227 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice of Award, Notice to Proceed and other related contract documents to Donald Smith Company, Inc., for the refurbishment of Well Number 14, Well Number 21, Well Number 22, Well Number 26 and Well Number 28 for the sum of $430,010.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-228 (recorded in Ordinance Book No._______at Page_______), entering into a Private Development agreement with Spann Farm Realty Company, Inc., for the installation and maintenance of water facilities at the subdivision, Lincolnshire at Spann Farm, located at 4929 West Main Street, Dothan, Alabama. Commissioner Kenward moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-229 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the United States Department of Justice, Drug Enforcement Administration for participation in the Montgomery Task Force and for reimbursement of overtime expenses not to exceed $17,548.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Commissioner Newsome confirmed with City Manager West that this agreement expires September 29, 2016. This is a two year commitment with a new agreement to be signed for additional funding in FY 2017. Mayor Schmitz introduced Resolution No. 2015-230 (recorded in Ordinance Book No._______at Page_______), amending Resolution 2015-43 with the U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) Program for reimbursement of overtime expenditures related to the Organized Crime Drug Enforcement Task Force to increase the amount from $15,000.00 to $38,311.90. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. This agreement expires September 30, 2015. Minutes of the Board of Commissioners – August 18, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-231 (recorded in Ordinance Book No._______at Page_______), accepting funding from the Enterprise Ozark Community College through its Southeast Alabama Highway Safety Office for participation in the Alabama Department of Economic and Community Affairs Law Enforcement Traffic Safety grant programs in the amount of $24,581.18. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-232 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Xmed, Inc. for biohazard waste disposal service for a period of three (3) years at an approximate annual cost of $2,500.00. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Kirkland. City Manager West pointed out that this is a savings for the City. Commissioner Ferguson thanked Chief Williams. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-233 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of July, 2015 in the amount of $14,246,753.40. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-234 (recorded in Ordinance Book No._______at Page_______), rescinding Resolution No. 2014-22 and appointing Steve Parrish as a member of the Emergency Medical Advisory Committee. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-235 (recorded in Ordinance Book No._______at Page_______), appointing Tim Chase as the City of Dothan representative on the Houston County Department of Human Resource Board. Commissioner Kenward moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-236 (recorded in Ordinance Book No._______at Page_______), appointing Tommy Tolleson as The Downtown Group’s representative on the Historic Preservation Commission. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-237 (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 2015 Police Uniforms & Equipment Azar’s Uniforms See Price in All Quantities are One or More Dothan, AL Description UNIFORM GROUP 1-FEICHHEIMER Class A Men's Long Sleeve-LAPD Navy Per Specs Feicheimer Brothers Model 12020-Unit Price: $38.00 Class A Men's Short Sleeve Shirt- LAPD Navy Per Specs Feichheimer Brothers Model 12000- Unit Price: $35.00 Class A Ladies' - Long Sleeve Shirt- LAPD Navy Per Specs Feichheimer Brother Model #12030- Unit Price: $38.00 Class A Ladies' - Short Sleeve Shirt- LAPD Navy Per Specs Feichheimer Brothers Model #12010- Unit Price: $35.00 Class A Women's - Pants LAPD Navy Per Specs Feichheimer Brothers Model #3933-Unit Price: $39.00 Class A Men's - Pants LAPD Navy Per Specs Feichheimer Brothers Model #3900-Unit Price: $39.00 Jacket - Detention - Per Specs- Minutes of the Board of Commissioners – August 18, 2015, continued. Feichheimer Brothers Model #59130- Unit Price: $117.50 Rain Pants - Per Specs, Feichheimer 78240-Unit Price: $98.00 Raincoat - Per Specs, Feichheimer 76220-Unit Price: $188.00 Raincoat Full-length - Per Specs, Feichheimer 76120-Unit Price: $205.00 Embroidery: Name and badge (or City seal) on front of shirt- Unit Price: $10.00 2015 Police Uniforms & Equipment Azar’s Uniforms See Price on All Quantities are One or More Dothan, AL Tabulation UNIFORM GROUP 2-BLAUER Sheets Dress Shirts and Pants -See Bid Tabulation Sheet for Detailed Descriptions and Unit Prices Uniform Group 3-Flying Cross See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices 2015 Police Uniforms & Equipment Azar’s Uniforms See Price in All Quantities are One or More Dothan, AL Description or UNIFORM GROUP 4 on Tabulation See Bid Tabulation Sheets for Sheets Detailed Descriptions and Unit Prices GROUP 6- BOOTS AND SHOES See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices GROUP 7-BADGES AND INSIGNIA See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices MISCELLANEOUS ITEMS Mocean Zip Off Bicycle Pants/Shorts Model 2058Z & 2058ZL OR EQUIVALENT-Unit Price: $99.00 Campaign Uniform Hat-Unit Price: $75.00 Black Swivel Chin Strap-Unit Price: $6.95 Campaign Cords-Unit Price: $5.95 8 Point Cap, LAPD Blue-Per Specs- Unit Price: $39.95 ASP 21" Baton/Black-Unit Price: $80.00 DPD Patch-Per sample/specs- Unit Price: $1.40; Rank Chevrons- embroidery silver and gold- per sample/specs-Unit Price:$4.00 (pair) 2015 Police Uniforms & Equipment Municipal & Commercial Uniforms See Price on All Quantities are One or More Birmingham, AL Tabulation UNIFORM GROUP 5-PROPPER Sheets See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices 2015 Police Uniforms & Equipment Seminole Communications See Price on All Quantities are One or More Dothan, AL Tabulation MISCELLANEOUS ITEMS Sheets Nightstick Safety Light Flashlight (Model # NSP-1170) Red & Blue- Unit Price: $29.50 2015 Police Uniforms & Equipment G T Distributors, Inc. See Price in All Quantities are One or More Rossville, GA Description or GROUP 8-LEATHER DUTY GEAR on Tabulation See Bid Tabulation Sheets for Sheets Detailed Descriptions and Unit Prices GROUP 9-NYLON GEAR See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices GROUP 10-FLASHLIGHTS See Bid Tabulation Sheets for Detailed Descriptions and Unit Prices MISCELLANEOUS ITEMS Nightstick Safety Light Flashlight Cone (orange)-Unit Price: $2.43 Clip-On Tie, LAPD/Navy Blue - Per Specs, 38056-Unit Price: $2.98 LawPro Velcro and Belt Clip Badge Minutes of the Board of Commissioners – August 18, 2015, continued. Holder (Oval) OR EQUIVALENT- Unit Price: $7.68 Acme Whistle Silver or Gold OR EQUIVALENT-Unit Price: $1.43 Peerless Handcuffs #700B OR EQUIVALENT-Unit Price: $20.87 Pocket Handcuff Key- Unit Price: A$5.81 Peerless Handcuffs Standard Keys OR EQUIVALENT-Unit Price:$41.12 Glock 22-40 Caliber/Night Sights/ 3 Magazines Tactical Light- Unit Price: $502.63 Glock 23-40 Caliber/Night Sights/ 3 Magazines Tactical Light- Unit Price: $502.63 2015 Police Uniforms & Equipment G T Distributors, Inc. See Price in All Quantities are One or More Rossville, GA Description Mossberg 590A1 Black Synthetic Stock/Bead Sights 6 shot 18.5" barrel Item# 51411-Unit Price: $385.29 Mossberg 590A1 Black Synthetic Stock/Bead Sights 9 Shot 20" barrel Item#51660-Unit Price: $431.27 Benelli M2 Tactical Shotgun-Per Specs-Unit Price: $1,077.16 Bushmaster M4 A3-Per Spec- Unit Price: $1,017.08 2015 Police Uniforms & Equipment Lawman’s & Shooter’s See Price in All Quantities are One or More Vero Beach, FL Description MISCELLANEOUS ITEMS Peerless Leg Irons/15" Chain #703C OR EQUIVALENT-Unit Price: $34.87 Peerless Leg Irons/15" Chain Oversized Model #705C OR EQUIVALENT-Unit Price: $81.56 Blackhawk X26-P Serpa Taser Holster L & R -Unit Price: A$35.27 Water Treatment Service for Guardian IPCO See Price in Chiller Systems: Birmingham, AL Description Monthly Cost Dothan Civic Center- $1,213.00; Monthly Cost Dothan Utilities-$914.00 5% Discount Given When Yearly Contract is Paid in Full at the Beginning of the Contract Term. Other Purchases: 2015 John Deere 5500E Tractor John Deere Company $ 31,411.89 with H240 Loader: Purchase off Cary, NC Houston-Galveston Area Council (HGAC) Cooperative contract; Replacing Number 4366 Professional Services King & Spalding $ 6,625.00 through 5/31/15 Atlanta, GA Project Number: 850310, Defense 3 of EPA Enforcement Action Professional Services King & Spalding $ 689.00 through 6/30/15 Atlanta, GA Project Number: 850310, Defense 3 of EPA Enforcement Action F5 Directional Drilling Locating Pow-r Mole Sales, LLC $ 23,819.94 System, Sole Source Provider, Lancaster, NY This will be used to improve directional steering on the drilling machine (Pow-r Mole) used by the Water Department to install and replace old galvanized and cast iron water mains. Minutes of the Board of Commissioners – August 18, 2015, continued. Engineering Services and Short- Doble Engineering $ 24,673.27 Term Rental of M4100 Analyzer Marborough, MA Doble Client Services is a service with Doble Engineering Company which provides unlimited engineering consultation on testing procedures and result analysis, Doble M4100 test unit rental, technical support, 24 hour damage exchange, onsite training and access to worldwide equipment database for electrical equipment. The test unit is used to test substation equipment and transformers. Sole Source Provider 2 Purchase is being made through SunSouth, Dothan, AL; however, purchase order has to be issued to John Deere. 3 Total expenses for legal project number 850310 have exceeded $15,000.00. Commissioner Kenward then moved for adoption of Resolution No. 2015-237, motion seconded by Commissioner Kirkland and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-238 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Jimmy Ward FIREHOUSE Software Education & $ 2,662.80 Training Seminar Hollywood, FL Jamila Brooks 2015 AMCCMA Annual Conference $ 4,028.00 Jennifer Metzger Orange Beach, AL Tonja Minnifield Eunice Knight M. Keith Gaster KME Plant – Fire Apparatus Mid-Building $ 0.00 Thomas Brown Conference Blake Johnson Nesquehoning, PA Richard Hudson Britni Connell Fall Camporee at Camp Ascca $ 300.00 Rosalinda Grace Jackson Gap, AL Lorena Guttowsky Angie Lowe Tony Thorne Debbie Reed Masters Games of Alabama $ 679.67 Nicole Norton Oxford, AL Roger Lynch Southeastern Distribution Apparatus $ 1,643.00 Mathew West School Auburn, AL th Angie Akos AL – MS AWWA 68 Annual Conference $ 1,850.00 Lindsay McDonald Biloxi, MS Todd McDonald American Planning Association (APA) $ 1,985.74 Planner II (TBD) State Fall Conference Chuck Harris Orange Beach, AL Carole Schumaker Southern Software Annual Users Conference $ 850.00 Myrtle Beach, SC David Childs 2015 NAFA Southern Regional Conference $ 550.00 Orange Beach, AL Dan Williams Alabama Urban Forestry Association $ 686.25 2015 Conference Orange Beach, AL Commissioner Kirkland then moved for adoption of Resolution No. 2015-238, motion seconded by Commissioner Dorsey and upon the motion being put to vote, Minutes of the Board of Commissioners – August 18, 2015, continued. those voting “yea,” were Schmitz, Dorsey, Newsome, and Kirkland; “nay:” Ferguson, Kenward, and Baxley. The motion was carried by the majority of four "yeas" to three “nays.” Commissioner Ferguson moved to accept a Right-of-Way Deed from Dan J. Newman and wife, Erica A. Newman for North Beverlye Road, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Newsome moved to approve a request by Louise Dennis, Persian Gallery, Inc. for an additional thirty (30) consecutive calendar-day period to conduct a Going Out of Business Sale, motion seconded by Commissioner Kenward and unanimously carried. Commissioner Kirkland moved to approve a damage claim filed by Melvin Johnson in the amount of $42,000.00, motion seconded by Commissioner Baxley. Commissioner Baxley said his understanding from the last time the Commission approved a claim is that a list of the associated costs should be included and no list was provided for this request. City Attorney Len White provided a list to Commissioner Baxley at this time, and Commissioner Baxley stated that this needs to be provided each time. There being no further discussion, the motion for approval was unanimously carried. After viewing the list provided to him, Commissioner Baxley said this is not what he asked for, and City Attorney White said it is the medical bills. Commissioner Baxley said he wants the cost of litigation and he indicated that he would meet with City Manager West after the meeting. There being no further business, Commissioner Kirkland 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