City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING SEPTEMBER 15, 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, September 15, 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. Pastor Andy Gartman, Tabernacle United Methodist Church, then led in prayer, afterwhich Commissioner Kenward led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of September 1, 2015, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Mayor Schmitz invited Travis Roettgen, Circle City BMX Track Operator, to speak. Mr. Roettgen presented information about the Circle City BMX program’s history and vision for the future. He discussed the economic impact on the local economy and requested assistance from the community with items needed for the track. Mayor Schmitz recognized Mr. Roettgen for providing the pump track on the Forever Wild trail. Mayor Schmitz presented a Certificate of Recognition to Steve Maddox, owner of Wireless Advantage, for winning the “2015 Alabama Retailer of the Year” award. Mr. Maddox, his wife Candice, and staff members were present for the recognition. Mayor Schmitz presented and read a proclamation, proclaiming September 22, 2015 as “Family Day – A Day to Eat Dinner with Your Children.” Terry Grimes was present for the proclamation. Commissioner Kirkland stated that he would like to say a few words in defense of our department heads and city manager with regards to a recent comment made by a member of the media about them shaking in their pants because of a new commissioner. He said he did some research and found that they have collectively worked over 339 years with seven of the department heads having over 25 years of service and they do everything it takes to run a city. He said they may have had a Grandmother like his who had the saying “shake a leg, and get it done!” He said he’s saying this as a joke but maybe it’s not that the department heads are afraid, it’s just the way they have to go about doing their business. He expressed his appreciation to them for the job they do. Commissioner Ferguson read the oath taken by all commissioners who were sworn in to office on September 30, 2013, as follows: “I, (fill in the blank) solemnly swear that I will support the Constitution of the United States of America and the Constitution and Laws of the State of Alabama, so long as I continue a citizen thereof, and that I will faithfully and honestly discharge the duties of the office of Associate Commissioner – District (fill in the blank) of the City of Dothan, Alabama, upon which I am about to enter, to the best of my knowledge and ability; that I am eligible for the aforesaid office, having been duly elected in an election held August 6, 2013 according to applicable laws of the State of Alabama for a term of four (4) years beginning on the first Monday of October, 2013 and having given bond as required, payable to the City of Dothan conditioned upon the faithful performance of duties as Commissioner, which has been approved by the Judge of Probate, so help me God. Minutes of the Board of Commissioners – September 15, 2015, continued. Commissioner Ferguson said that Webster’s dictionary defines the word “Oath” as a solemn promise, often invoking a divine witness regarding one’s future action or behavior. He said, “In light of today’s sentencing for voter fraud, I think we all need to kind of do a little inventory and decide whether or not we are allowed and able to continue to serve on this commission.” Commissioner Kenward said she would like to publicly thank our first responders. She said she had the opportunity to participate in the 9/11 tribute last week, and having lived in New York City during that time, it was very emotional. She said she wants to make sure we never forget to say thank you to our police, fire and EMS personnel for all they do for us daily. Mayor Schmitz announced that a resolution will be added as Item No. 12A and appropriate action will be taken at that time. City Manager West invited Vince Dauro, Regional Program Manager for the Commission on Accreditation for Law Enforcement Agencies (CALEA), to make a presentation. Mr. Dauro, on behalf of CALEA, thanked the Commission for welcoming him to present the 2015 Accreditation award to the Dothan Police Department. He discussed the CALEA accreditation process and said receiving this standard is a distinction held by very few. He recognized the department for their hard work in receiving reaccreditation, and he presented the award to Police Chief Steve Parrish and Lieutenant Eddie Henderson, who were joined by senior command staff. Chief Parrish said this achievement truly exemplifies the team effort involved in receiving accreditation, and he thanked his senior command staff, City Manager West, the Commission, the community, and other departments for their support in this process. City Manager West said this award is significant and shows the dedication of the men and women of the department. He said he is proud of everyone involved in this process. City Manager West invited William Kringle, State Chairman of the Employer Support of the Guard & Reserve (ESGR) organization and retired colonel from the Alabama Army National Guard, to make a presentation. Mr. Kringle presented the “Seven Seals” and “Above and Beyond” awards to Dothan Fire Chief Larry Williams, and said he worked in cooperation with Pete Wells, Chief of Training and Safety to put this award together. Chief Williams said this honor goes to all the men and women of the Fire Department who serve our United States military. City Manager West made the following announcements: • The State Mixed Doubles Tennis Tournament was held last weekend and over 500 players participated. • The Forever Wild beginner trail, located at the old Beaver Creek Wastewater Treatment Plant site off of Flowers Chapel Road, will officially open at 9:00 a.m. on Saturday, October 3rd. Donations are being solicited to help provide 25 bikes for children from all over the community to be able to participate in the “Take A Kid Mountain Biking” event. The Forever Wild board will hold their next meeting in Dothan on Thursday, September 17th. • The Communications District Board bonds have now been sold and that project is moving on. • The annual Trot with S.W.A.T event will be held Saturday, September 19th at 9:00 a.m. at Poplar Head Park. Mayor Schmitz introduced the application of David Perez for a Restaurant Retail Liquor License (on premise) for Momma Goldbergs Deli, located at 1550 Westgate Parkway, Suites 1, 2, and 3. Commissioner Baxley moved for approval, motion seconded by Commissioner Newsome. 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. Minutes of the Board of Commissioners – September 15, 2015, continued. Mayor Schmitz announced a Public Hearing regarding the issuance of business license to Wiregrass Life Flight, Corp. There being no one present to speak, Mayor Schmitz declared the Public Hearing closed. Mayor Schmitz introduced Ordinance No. 2015-257 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by multiple land owners located on E. Wayne Road and E. Saunders Road from H-I (Heavy Industry) District to A-C & R-1 (Residential Single-Family, Very Low Density & Residential Single-Family, Low Density) Districts. Commissioner Baxley moved for immediate consideration, motion seconded by Commissioner Kirkland. Commission Ferguson requested clarification regarding this rezoning. City Manager West explained that staff initiated this rezoning in order to appropriately zone the properties in this area, and Commissioner Kirkland provided background information. Planning Director Todd McDonald confirmed for Commissioner Ferguson that all landowners were notified and none were opposed. 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.” Commissioner Baxley then moved for adoption of Ordinance No. 2015-257, 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.” Mayor Schmitz introduced Ordinance No. 2015-258 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by Park Avenue Church of Christ located on 617 Westgate Parkway from R-A (Residential, Multi-family, High Density -8+ units) District to B-3 (Local Shopping) District. Commissioner Baxley moved for immediate consideration, motion seconded by Commissioner Kenward 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. 2015-258, motion seconded by Commissioner Ferguson 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 Ordinance No. 2015-259 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 2, Administration, Sec. 2-1, Depositories for City funds designated; treasurer required to deposit all City funds therein, of the City of Dothan Code of Ordinances by adding Troy Bank and Trust as a depository. Commissioner Newsome 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 Newsome then moved for adoption of Ordinance No. 2015-259, motion seconded by Commissioner Kirkland. City Manager West explained that any local bank may request to be included on the approved list of depositories, Troy Bank and Trust has a local office, and they submitted a letter requesting to be added. 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. 2015-260 (recorded in Ordinance Book No._______at Page_______), adopting the Biennial Operating Budget for Fiscal Years 2016 and 2017. Commissioner Baxley moved to amend the resolution to remove the assistant city manager position from the budget, motion seconded by Commissioner Ferguson. Commissioner Baxley advised that he does not believe Minutes of the Board of Commissioners – September 15, 2015, continued. the creation of the assistant city manager position has been fully thought through. Mayor Schmitz said the city manager may retire, and he advised that this can be discussed during next year’s planning session. Commissioner Newsome confirmed with City Manager West that monies are not included in the budget for an orientation or transition in the case a new city manager is hired. Commissioner Dorsey asked who would be appointed city manager if the position is vacated and Mayor Schmitz said it would be a department head. Commissioner Dorsey said he believes the assistant city manager position should be considered because the city manager is getting close to retirement and this would allow time for someone to learn the position. There being no further discussion, the motion to amend the resolution was unanimously carried. Commissioner Baxley then moved for adoption of the resolution as amended, motion seconded by Commissioner Ferguson and unanimously adopted. Commissioner Baxley moved to add the next item to the agenda, motion seconded by Commissioner Kenward and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-261 (recorded in Ordinance Book No._______at Page_______), which was read in the meeting, transferring all Emergency 911 assets to the Dothan/Houston County Communications District Board as of October 1, 2015. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz said this has been a long time coming and we are grateful to the new board. He said he is personally grateful that local contractor Saliba Construction got the bid to construct the building. Mayor Schmitz introduced Resolution No. 2015-262 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with CDW-G for a Mitel telephone system to replace the City’s existing Alcatel system for an approximate cost of $548,000.00 with an annual support and maintenance cost of $32,400.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. Commissioner Ferguson asked how many handsets are included in this agreement and Interim I.T. Director Robb Meredeth answered approximately 700. Commissioner Ferguson noted that this calculates to about $800 per handset, and Mr. Meredeth explained that the backend equipment is the bulk of the cost. He confirmed that the system comes with a fifteen month warranty on the hardware and the annual support and maintenance fee takes effective immediately. Commissioner Ferguson explained that he is in support of doing what needs to be done for the outage software which he understands is around $14,000, but he does not want to spend this kind of money given that the current system, while problematic, does still work. Commissioner Kenward said she asked staff lots of questions regarding this item, conducted her own research, and found this project was vetted very well. She said this is correct pricing, the maintenance is considerably lower than some of the other vendors, and the I.T. Department reached out to several people who bid the first time on this item to make sure all variables are in place. Mr. Meredeth spoke about the different types and ages of systems currently in place at various locations in the City. He said this proposed system will incorporate all of those locations, bring everything up to a modern communications platform and tie everything together on one system. Mr. Meredeth explained that the Mitel system is internal voice over IP with the opportunity to go externally as well through SIP trunks, whereas the current system does not have this capability. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Kenward, and Baxley; “nay:” Ferguson. The motion was carried by the majority of six "yeas" to one “nay.” Mayor Schmitz introduced Resolution No. 2015-263 (recorded in Ordinance Book No._______at Page_______), approving a final Summary Change Order with Geisler Contracting Incorporated for the construction of the Paving Concrete Sidewalks Adjacent to Elementary Schools Project – Slingluff, Cloverdale, Faine, Girard, Selma Street and Grandview Schools, which results in a cost decrease for the total contract bid in the amount of $68,949.64 making the final adjusted contract price $481,180.47. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Minutes of the Board of Commissioners – September 15, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-264 (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 Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-265 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Southern Regional Council on Aging (SARCOA) to administer and operate the Nutrition/Transportation Program of Title III of the Older Americans Act. Commissioner Newsome moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-266 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with LexisNexis Accurint for Law Enforcement Plus services providing cutting-edge technology to law enforcement officers expediting criminal investigations for an approximate cost of $2,520.00 for the first year and with an automatic renewal for twelve months with a 3% fee increase annually. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-267 (recorded in Ordinance Book No._______at Page_______), approving the utilization of seizure funds to be used to pay various allowable expenditures for Police Department operations in the amount of $7,062.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-268 (recorded in Ordinance Book No._______at Page_______), applying for and accepting a Community Involvement Grant Award from the United States Tennis Association in the amount of $2,000 to assist with expenses related to the Kids Day Event held during the 2015 USTA Dothan Pro Circuit Tennis Tournament, and appropriating funds for said grant award. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-269 (recorded in Ordinance Book No._______at Page_______), applying for and accepting a grant award from the Wiregrass Foundation in the amount of $5,000.00 to fund catering and one speaker for the Annual Diabetes Prevention and Wellness, and appropriating funds for said grant award. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-270 (recorded in Ordinance Book No._______at Page_______), amending various accounts in the 2015 Fiscal Year Budget. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. City Manager West these are previously approved items that need to be in the budget prior to the end of the year for the audit. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-271 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of August, 2015 in the amount of $18,211,474.37. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-272 (recorded in Ordinance Book No._______at Page_______), re-appointing Charles Nailen as a member of the Dothan-Houston County Airport Authority. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, and Kenward; “nay:” none; “abstained:” Baxley. The motion was carried by the majority of six "yeas" to one “abstention.” Minutes of the Board of Commissioners – September 15, 2015, continued. Mayor Schmitz introduced Resolution No. 2015-273 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City, and appropriating funds for said bids and purchases. ITEM VENDOR AMOUNT Alpha-Numeric Pager Services & Spok See Price in Equipment for Public Safety and Springfield, VA Description Administrative Services: Alpha-Numeric Pager: Unit Price-$5.75 Programming Pods: Unit Price-$79.00 Service: Regional: Unit Price-$14.75 State-Wide: Included National: Unit Price-$22.75 Estimated Cost to Convert: None Estimated/Average Monthly Bill (after conversion): State-Wide: Quantity to Bid: 150, Unit Price-$5.75, Total Cost-$862.50 Group Cap Codes: Quantity to Bid: 4, Unit Price-$5.75, Total Cost-$23.00 Programming Pods: Quantity to Bid: 2, Unit Price-$79.00, Total Cost-$158.00 Total Estimated Monthly Cost: $1,043.50 Transmission Line Trimming Asplundh Tree Expert Co. See Price in Service, per City of Dothan Alabaster, AL Description Bid Specifications: Circuit 09210-Total Rate for One Complete Circuit-$167,905.60 Proposed Time to Complete in Weeks: 5 Other Purchases: Parts for Repairs as Needed for Gulf Coast Truck & Equipment $ 16,500.00 Mack Garbage Trucks, Dothan, AL through Fiscal Year End 2015, 2 Only Mack Parts Dealer in Dothan Estimated Recycling Costs to Waste Management Recycle America $ 15,000.00 Finish FY 2015, Sole Source Provider Midland City, AL of Recycling of Household Products for the Dothan Area. White Goods are not Included. Replacement Equipment for Navigation Electronics, Inc. $ 48,485.00 Survey Crew, GPS, Data Collector, Lafayette, LA Total Station (Trimble Brand), Software and Accessories for Each Piece of Equipment, Sole Source Designated Vendor for this Manufacturer in the State of Alabama, to Replace Outdated Equipment, that has Stopped Working, with Trimble Surveying Equipment for Necessary Compatibility of Older Equipment and New Equipment. Inventory System for Fleet. Quatred, LLC $ 16,376.79 Sole Source Provider of Software Pembroke, NH with Interface to SunGard System. Re-Roof Existing Site Acme Roofing & Sheet Metal Co. $ 19,107.00 Office Building Dothan, AL Minutes of the Board of Commissioners – September 15, 2015, continued. Furnish & Erect a 20' x 25' Bay Tolleson Construction $ 22,500.00 Addition to Existing Storage Dothan, AL Building Furnish & Erect a 40' x 25" Scott Turvin Construction $ 29,654.00 Bay Addition to Existing Dothan, AL Storage Building 3 Professional Services King & Spalding $ 583.00 Project Number: 850310, Atlanta, GA Defense of EPA Enforcement 3 Action through 7/31/15 3 Professional Services Maynard, Cooper & Gale $ 372.15 Claim Number 2003132, Birmingham, AL Personnel Board v Ivan K. Gray through 8/31/15 Sports Field Lighting for Graybar Electric Company $ 545,000.00 4 James O Oates Park to Birmingham, AL Provide Lighting per Design, per U S Communities Co-Operative Contract MA-IS-1340234, Project Number 420909 1 ITB-Invitations to Bid 2 For an estimated amount to cover inventory purchases for remainder of Fiscal Year 2015. 3 Legal expenses have exceeded $15,000 for this item. 4 Funds are available in Fiscal Year 2015 budget for this item. Commissioner Kirkland then moved for adoption of Resolution No. 2015-273, motion seconded by Commissioner Baxley and unanimously carried. Mayor Schmitz introduced Resolution No. 2015-274 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Bart Barefoot Alabama Association of Floodplain Managers $ 590.00 Tyler Reeder 2015 Fall Conference Birmingham, AL Lance Holloway Alabama Society of Professional Land $ 335.00 nd Surveyor (ASPLS) 52 Annual Conference Montgomery, AL Bart Barefoot Bridge School $ 480.00 Chris Decker Auburn/Opelika, AL Brian Marsh Philip Rice Armament Systems Instructors Course $ 940.60 Tyler Sima Memphis, TN Dennis Roach AREA’s Forest Applications Training $ 1,434.00 Reginald Ford Auburn, AL Scott Owens Advanced Roadside Impaired Driving $ 130.00 Enforcement (ARIDE) (As Instructor) Orange Beach, AL Tim Mullis BCERT Basic Computer Evidence $ 300.00 Recovery Training Hoover, AL Tammy Danner Alabama Municipal Clerks Annual $ 1,273.96 Wendy Shiver Conference Orange Beach, AL Commissioner Kirkland then moved for adoption of Resolution No. 2015-274, motion seconded by Commissioner Kenward and unanimously carried. Minutes of the Board of Commissioners – September 15, 2015, continued. 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 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