City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING NOVEMBER 3, 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, November 3, 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. Sister Miriam Fiduccia, St. Columba Catholic Church, then led in prayer, afterwhich Commissioner Newsome led in the Pledge of Allegiance to the Flag. Commissioner Baxley moved that the Minutes of the Meeting of October 20, 2015, be approved, motion seconded by Commissioner Kirkland and unanimously approved. Mayor Schmitz invited Precious Freeman to speak on behalf of the G.W. Carver Interpretive Museum. Ms. Freeman announced the unveiling of the museum’s newest exhibit, entitled “Honoring Dr. George Washington Carver,” on Tuesday, November 17th at 5:30 p.m., and she invited everyone to attend. Mayor Schmitz presented and read a proclamation, proclaiming November 20-26, 2015 as “Farm City Week” in the City of Dothan. Glenn Maloy, Dothan-Houston County Farm City Committee, was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming November, 2015 as “Hospice Month” in the City of Dothan. Jessie Hendrix, Hospice Specialist, Gentiva Hospice, was present for the proclamation. Mayor Schmitz presented and read a proclamation, proclaiming November, 2015 as “Home Care Month” in the City of Dothan. Jessie Hendrix, Hospice Specialist, Gentiva Hospice, was present for the proclamation. Mayor Schmitz presented a Certificate of Recognition to “The Salvation Army” for the service it provides to the needy of our community. Captain Chris Bryant was present to receive the certificate. Commissioner Kirkland invited everyone to come out and enjoy the National Peanut Festival, November 6th-15th, and the parade on Saturday, November 14th. Mayor Schmitz said Ed Vaughn, who is a great friend and community person, has been ill, and he was proud to see him this morning back up on his feet. Mayor Schmitz expressed his gratitude to Rabbi Lynne Goldsmith of Temple Emanu-El for inviting him to last night’s public event honoring Holocaust survivor Ann Rosenheck. Mayor Schmitz said Ms. Rosenheck is a gracious woman who endured terrible things and her speech was very impactful. City Manager West, along with Dothan Utilities Director Billy Mayes, presented a service award to Patrick Leonard, for twenty-five years of service with the City. City Manager West, along with Police Chief Steve Parrish, presented a service award to Mamie McCory, for thirty years of service with the City. City Manager West announced that City offices will be closed on Wednesday, November 11th in observance of Veterans Day and there will be no trash collection on this date. There is no regularly scheduled garbage or recycling collection on Wednesdays. Minutes of the Board of Commissioners – November 3, 2015, continued. City Manager West announced that copies of the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program are available for view on the city’s website, at the libraries, and in the City Clerk and Planning offices. The month of November is the public comment period for the CAPER. Mayor Schmitz introduced Ordinance No. 2015-307 (recorded in Ordinance Book No. _______at Page_______), granting a Franchise Agreement to Troy Cablevision, Inc. to provide cable service in the City of Dothan. 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. 2015-307, motion seconded by Commissioner Kirkland. Commissioner Baxley said there has been discussion in the past regarding instituting a provision in franchise agreements to require lines be moved within a certain time period, and he asked if a provision is included in this agreement. City Manager West advised that Troy Cablevision, Inc. has a current pole attachment agreement which addresses this issue. Commissioner Kirkland said he also asked this question and was informed that Page 23 of the franchise agreement covers this as well. 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.” City Manager West thanked Troy Cablevision, Inc. for volunteering to donate a character generator to the City for the purpose of scrolling information to citizens on their cable channel. Mayor Schmitz introduced Resolution No. 2015-308 (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 December 1, 2015. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-309 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2015-239 and 2015-277 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 Dorsey moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-310 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2015-278 and 2015-297 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 Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-311 (recorded in Ordinance Book No._______at Page_______), appropriating additional funds to satisfy outstanding encumbrances for Fiscal Year ending September 30, 2015. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. City Manager West said this is the movement of funds that were obligated in the previous year into this year’s budget. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-312 (recorded in Ordinance Book No._______at Page_______), approving Change Orders 2, 3 and a Final Summary Change Order with Blankenship Contracting, Inc., for the Rock Creek CWSRF Trunkline Rehabilitation Project, which increases the total contract cost in Minutes of the Board of Commissioners – November 3, 2015, continued. the amount of $22,296.78, making the final adjusted contract price $1,218,246.78. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-313 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract and issuing a Notice to Proceed to John D. Stephens, Inc. for the Rock Creek/Little Choctawhatchee Trunk Line subject to approval by ADEM in the amount of $6,828,251.00. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Baxley. Commissioner Kenward confirmed with City Manager West that this is part of the $19 million loan. In response to questions asked by Commissioner Kenward regarding who is responsible for signing off on different parts of the this project, City Manager West said the design engineer is responsible for reviewing the work, all requests for payment, and certifying completion of the project before final payment is made and Public Works staff will monitor the work. He said lead engineer BWSC will also monitor the work and compile and send quarterly reports to the EPA. He advised that the EPA will hold us accountable by the reduction of sanitary sewer overflows. City Manager West said this project is an area that has experienced a lot of problems and will go a long way toward solving them. City Manager West confirmed for Commissioner Ferguson that ADEM reviews the plans and signs off on the bid. City Manager West advised that the bid is approximately $60,000 less than the estimate, but because this area consists of lowland and wet areas, there are possible issues that could be discovered once the project is underway. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-314 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract and issuing a Notice to Proceed to William Preston York for the Dothan Forever Wild Preserve Trails in the amount of $137,474.50. Commissioner Kenward moved for adoption, motion seconded by Commissioner Baxley. City Manager West explained that this bid is for the building of trails on the Fortner Street side of the Forever Wild property. He advised that grant money will fund most of this bid and Leisure Services will cover the remaining amount of approximately $10,000 out of their budget. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-315 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for the installation of a single phase overhead power line with wood pole on state right-of-way to serve a business at 1764 Columbia Highway. Commissioner Newsome moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-316 (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 for a domestic water line with 8’ of 10” D.I.P. to the right-of-way for The Village at Grove Park located on Highway 84 West. Commissioner Kenward moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-317 (recorded in Ordinance Book No._______at Page_______), agreeing to participate on a 50/50 basis with Cooks Pest Control to extend the sanitary sewage system along a portion of the west side of Napier Field Road to service the proposed Cook’s Pest Control at a cost not to $13,631.00. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. City Manager West explained that Policy 3 provides for the City’s participation on a 50/50 basis in the cost of sewer extensions when it is deemed beneficial to the City, and in this case, there are other parcels along the line that could allow for future tie-ins to the sewer system. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-318 (recorded in Ordinance Book No._______at Page_______), entering into a contract with SunGard Public Sector to perform a review of the business license process and determine the most efficient and cost effective manner to implement online business license renewal Minutes of the Board of Commissioners – November 3, 2015, continued. at a cost of $5,720.00 plus travel expenses. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. In response to questions asked by Commissioner Ferguson, Interim I.T. Director Robb Meredeth explained that this software was purchased several years ago, and because of security concerns and new immigration requirements occurring at that time, the decision was made not to implement this part of the software. Mr. Meredeth advised that there are now changes to the software and modifications that can be made making this a viable option. Commissioner Kenward said she asked questions regarding this item and found that the City purchased a base line of the software with particular plug-ins that could be turned off or on based on the city’s needs, the online mechanism for business licenses was not chosen because of data security issues, and we now feel it is time to move forward with this feature. Commissioner Kenward said she had also asked for us to make sure we look into allowing our business owners to register on the city website for email alerts regarding their licenses. She acknowledged that new businesses will still need to come into the office for their initial license and she asked if we have enough server capacity for storing their business license data electronically. Mr. Meredeth said we believe we have enough capacity but this review will iron out these issues. City Manager West advised that we are storing the current information and we are using the accounting portion of this software already. Commissioner Ferguson expressed concern about buying a software package, not using all the features, and those features becoming obsolete over time. Mr. Meredeth said the online part of this software is upgraded to the latest version because it is being used for online utility payments. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-319 (recorded in Ordinance Book No._______at Page_______), authorizing the Dothan Police Department to conduct a Traffic Homicide Investigation Training Course to be held November 30, 2015 through December 10, 2015 and charge a registration fee of $125.00 for each attendee. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-320 (recorded in Ordinance Book No._______at Page_______), reappointing Rose P. Evans-Gordon as Presiding Municipal Judge of the City of Dothan at a salary of $118,892.80 for a term of four (4) years commencing December 1, 2015. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Dorsey encouraged everyone to visit the City court in order to see the extent of cases handled by Judge Gordon. Mayor Schmitz thanked Judge Gordon for her dedication and commitment. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-321 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with David Jones to serve as Public Defender for the City of Dothan at an annual salary of $30,000.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Dorsey asked who selects the public defenders. Judge Gordon explained that the public defenders were chosen through an application process approximately eight years ago. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-322 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Shaun McGhee to serve as Public Defender for the City of Dothan at an annual salary of $30,000.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-323 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Kathleen Nemish to serve as Public Defender for the City of Dothan at an annual salary of $30,000.00. Commissioner Baxley moved for adoption, motion seconded by Commissioner Kirkland. For public record, Commissioner Baxley explained that these amounts are paid for with funds generated in the court system and not with taxpayer funds. He expressed gratitude to the public defenders for the work they Minutes of the Board of Commissioners – November 3, 2015, continued. do and for choosing to do this kind of job. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-324 (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 Materials in a Kit for Structural Substation Enterprises, Inc. $ 204,718.00 Steel and Ground Work for Alabaster, AL W. Carroll Substation per City of Dothan bid Specifications: 1) Substation Package Including Items as Described by Specifications and Freight Annual Fire Hydrant Bid, per Consolidated Pipe & Supply See Price In City Bid Specifications: Mt. Meigs, AL Description Quantities 10 (more or less) for 36": 36" Fire Hydrant: Unit Price: $1,199.40 All Quantities 12 (more or less) for All Other Sizes: 42" Fire Hydrant: Unit Price; $1,198.42 48" Fire Hydrant: Unit Price: $1,257.90 54" Fire Hydrant: Unit Price: $1,264.47 60" Fire Hydrant: Unit Price: $1,316.27 Total Estimated Cost: $72,438.72 Additional Purchases for Bids Previously Awarded: 416 KVA Cooper Brand Mayer Electric $ 310,737.00 (or equivalent) Step Type Dothan, AL Voltage Regulators, Oil Immersed with Cooper CL-7 or SEL-2431 Control Panels Only, Three Phase, Quantity 21 more – 2 $14,797.00 each Other Purchases: 3 Professional Services King & Spalding $ 1,007.00 Project Number: 850310, Atlanta, GA Defense of EPA Enforcement 3 Action through 8/31/15 2 This bid 13-068 was awarded 8/20/13, Resolution #2013-261. The bid is good through 8/19/16; as long as, the awarded company will honor their bid pricing and they will honor this pricing through 12/31/15. The City wishes to purchase 21 more units. The original award was for 3 or more units. Approval is sought due to the total cost. A budget appropriation is required for 12 of the additional purchases and it is included on the resolution. 3 Legal expenses have exceeded $15,000 for project number 850310. Commissioner Kirkland then moved for adoption of Resolution No. 2015-324, motion seconded by Commissioner Dorsey. Mr. Mayes confirmed for Commissioner Ferguson that the relocation of the substation will not impact the recently installed fiber building. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-325 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Scott Heath Required maintenance and repair to $ 727.40 Brian Smith bomb squad robots Clinton, TN Damon Woodham Southern Software Public Safety $ 292.00 User’s Conference Myrtle Beach, SC Minutes of the Board of Commissioners – November 3, 2015, continued. Lisa Reeder Government Finance Officers Association $ 1,446.00 nd Romona Marcus of Alabama (GFOAA) 32 Annual Conference Tuscaloosa, AL Darien Bush IMSA Renewal – Sign and Marking Level II $ 2,095.00 William Lightner Daytona Beach, FL Carol Lightner Mark Metcalfe KME Plant – Fire Apparatus Final $ 0.00 Angus Scott Inspection Stacey McAllister Nesquehoning, PA Thomas Starling Commissioner Kirkland then moved for adoption of Resolution No. 2015-325, motion seconded by Commissioner Newsome 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 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 Beth Kenward, Associate Commissioner Hamp Baxley, Associate Commissioner BOARD OF CITY COMMISSIONERS