City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING DECEMBER 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, December 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 Steve McCarroll. 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 Stephen Russell, Central Baptist Church, then led in prayer, afterwhich Commissioner Kenward led in the Pledge of Allegiance to the Flag. Mayor Schmitz welcomed Commissioner McCarroll to the Board. Commissioner Kirkland moved that the Minutes of the Meeting of December 1, 2015, be approved, motion seconded by Commissioner Kenward and unanimously approved. Mayor Schmitz invited Hamp Baxley to the podium. Mr. Baxley discussed his resignation as District 6 Commissioner, he encouraged the Board to continue with their efforts to improve the City, he thanked Mr. McCarroll for serving until a new commissioner is elected, and he wished candidates David Crutchfield and Gary Roney well in their campaigns. Mayor Schmitz invited Laura Stakelum with the Zonta Club of Dothan to make a presentation. Mrs. Stakelum provided information on the “Zonta Says No Against Violence to Women” campaign, the recent rally held at the Dothan Civic Center to bring attention to this issue, and the service partners who help survivors of domestic violence. Mayor Schmitz invited Reeivice Girtman of the Liberty Learning Foundation to speak. Mr. Girtman discussed the Foundation’s mission of civic education and civic pride. He said the program teaches children the importance of financial literacy, as well as career and character development skills, and he encouraged everyone to be involved in their communities. Commissioner Kirkland recognized Dothan Utilities Director Billy Mayes’ son, William Mayes, who is serving in the United States Navy and is stationed in Jacksonville, Florida, as being present in the audience today. Commissioner Kirkland said he is thankful to be able to serve on this Commission, and he appreciates the trust his constituents place in him. He wished everyone a Merry Christmas and Happy Holiday! Commissioner Ferguson thanked Mr. Baxley for his friendship and leadership as a commissioner through the years. Commissioner Ferguson recognized Dothan native and Auburn University student Brandon Etheridge as being present today, and he said Mr. Etheridge is looking to get in to the media business. Commissioner Kenward said she had a wonderful time ringing the bell for the Salvation Army and she expressed appreciation to the community for their generosity. She said this was a wonderful experience, and she encouraged everyone to volunteer with their charity of choice during the holiday season. Commissioner McCarroll thanked Mayor Schmitz and the Commissioners for the opportunity to serve the City. He wished everyone a very Merry Christmas! Minutes of the Board of Commissioners – December 15, 2015, continued. Mayor Schmitz invited all spiritual leaders to join in prayer for the future of our country and for our community at 2:00 p.m. on Tuesday, December 22nd at the Dothan Civic Center. Mayor Schmitz said there have been 2,642 new business licenses through the month of November, 2015. He said most of these are small businesses, and he expressed gratitude for their investment and job creation. Mayor Schmitz encouraged residents to get to know the District 6 Commissioner candidates, Mr. Crutchfield and Mr. Roney, and to vote in the election on Tuesday, February 9th. Veterans of Foreign Wars (VFW) Award Presentations were given by former VFW State Commander Ed Pritchard and VFW Post 3073 Commander John Seay to Elliott Glover, EMT of the Year; Blake Johnson, Firefighter of the Year; and Brandon Peters, Law Enforcement Officer of the Year. City Manager West, along with Public Works Director Jerry Corbin and Leisure Services Director Elston Jones, presented Nell Green with a retirement certificate for thirty years of service with the City of Dothan and James Green with a retirement certificate for ten years of service with the City of Dothan. City Manager West said this is a very unique opportunity to give retirement plaques to a husband and wife team. City Manager West made the following announcements: • The Troy University basketball team will play Paine College at 7:00 p.m. on Thursday, December 17th in the Civic Center arena. • The Downtown Dothan Hoops Classic will be held December 26th – 31st in the Civic Center arena. • City of Dothan offices will be closed Thursday, December 24th, Friday, December 25th, and Friday, January 1, 2016 for the Christmas and New Year’s holidays. Regarding the sanitation schedule for these two weeks, Friday residents will receive garbage and recycling pick-up on Wednesday. Thursday residents will receive garbage and recycling pick-up on their regularly scheduled day. There will be no trash collection on these days. Mayor Schmitz introduced Ordinance No. 2015-366 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 102, Utilities, Article IV, Sewer, creating Division 5, Fat’s, Oil’s, and Grease Control, of the City of Dothan, Code of Ordinances. Commissioner Kenward 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 McCarroll; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Ferguson then moved for adoption of Ordinance No. 2015-366, motion seconded by Commissioner Kirkland. Mayor Schmitz said that this ordinance, which is required by the Environmental Protection Agency under the Administrative Order on Consent, addresses the disposal of fats, oils, and grease into the City’s sewer system. He said the ordinance requires grease traps to be installed and in operation within twelve months. He explained that the staff and the Commission are concerned about the cost to small business and would like to make an amendment to this requirement to allow that a one-time extension not to exceed six (6) months may be granted by the City Manager on a case by case basis. Mayor Schmitz requested that the motion and second be withdrawn. Commissioner Ferguson withdrew his motion for adoption and Commissioner Kirkland withdrew his second to the motion. Minutes of the Board of Commissioners – December 15, 2015, continued. Commissioner Kirkland then moved for adoption of Ordinance No. 2015-366 as amended, motion seconded by Commissioner Kenward. Commissioner Ferguson asked for clarification of how extensions are to be requested, and City Manager West advised that they will be identified through the normal process and staff will bring requests to him. Commissioner Ferguson asked how businesses are being notified. City Manager West said surveys have been sent. Planning Director Todd McDonald said the survey response was about half and visits were made to those businesses who did not respond. He advised that, once the ordinance is passed, notification will be sent to businesses. Commissioner Ferguson asked why classification fees are being required? Mr. McDonald said these fees will help to defray the cost of administering the program by approximately half. Mr. McDonald confirmed for Commissioner Ferguson that the annual inspection will be handled by certified waste haulers who will charge the customer for their services. Commissioner Ferguson asked about the $200 charge for noncompliance and if exceptions will be made if there are certain variables out of their control? Mr. McDonald said individual issues will have to be examined. He advised that a product of this ordinance will be an enforcement response guide which will contain details and will be brought before the Commission as a resolution. Mr. McDonald confirmed for Commissioner Ferguson that the strip mall facility requirements will be enforced through the business license process. Commissioner Newsome confirmed with Mr. McDonald that the extension will go away after a year and a half and the process to train waste haulers is underway. Commissioner Dorsey said he has several constituents who own small businesses, and he thanked Mr. McDonald and City Manager West for the amendments made. Mayor Schmitz thanked the citizens who have been involved in this process and said he is grateful for their input. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and McCarroll; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2015-367 (recorded in Ordinance Book No._______at Page_______), rescinding Resolution No. 2015-169, 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. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. City Manager West explained that this is for procedural purposes due to the larger grant amount awarded at the December 1st meeting. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-368 (recorded in Ordinance Book No._______at Page_______), awarding a bid, entering into a contract, and issuing a Notice to Proceed to Hughes Brothers Construction, LLC for the Westgate Aquatic Center project in the amount of $2,946,500.00, and appropriating funds for said project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. City Manager West said $2,100,000 has been set aside for this project and approximately $700,000 will come out of current reserves. Mayor Schmitz discussed the benefits of having the wellness pool and aquasize classes for our increasing senior citizen population. He expressed his gratitude to City Manager West, staff, the Commission, the community, and everyone involved in making this happen. City Manager West said fourteen months is the anticipated construction time of this project. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-369 (recorded in Ordinance Book No._______at Page_______), entering into a permit agreement with the Alabama Department of Transportation for permission to perform necessary maintenance to its utility lines along AL/US Route No. 231. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-370 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the United States Department of Justice, through the United States Marshals Service, to accept funding in the amount of $11,500.00 for reimbursement of overtime costs for officers working Gulf Coast Regional Fugitive Task Force cases. Commissioner Minutes of the Board of Commissioners – December 15, 2015, continued. Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-371 (recorded in Ordinance Book No._______at Page_______), appointing David Cornelius as a member of the Planning Commission. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-372 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of November, 2015 in the amount of $11,029,310.48. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2015-373 (recorded in Ordinance Book No. _______at Page_______), awarding the following bids and approving other purchases over $15,000.00 by the City. City Manager West advised that an amendment is needed to remove the Cultural Arts Center Roofing purchase item. He explained that their insurance does not cover wind damage and this item will need to be further considered. Commissioner Kirkland moved to amend the resolution to remove the Cultural Arts Center Roofing purchase item from the resolution, motion seconded by Commissioner Newsome and unanimously carried. ITEM VENDOR AMOUNT Distribution Transformer Rebuild/ Florida Transformer, Inc. See Unit Prices Maintenance, Disposal of Defuniak Springs, FL on Bid Tabulation Transformers & Electrical Insulating Sheets Mineral Based Oil/Fluid, per City of Dothan Bid Specifications: Quantity for Bid Award One (1) (more or less) Distribution Transformer Repair: One Phase: 15KVA 25 KVA 37.5 KVA 50 KVA 75 KVA 100 KVA 167 KVA 150 KVA 333 KVA 500 KVA Three Phase: 150 KVA 300 KVA 500 KVA 750 KVA 1000 KVA 1500 KVA 2500 KVA Credit per KVA to be supplied by Bidder for irrepairable units: $.50 Units to be repaired as needed. Estimated total annual cost is $50,000 for all types of repairs. Annual Bid of 825A LDC, Inc. See Price in Limestone Base: Dothan, AL Description Quantity 600 (more or less): Unit Price: $25.60 Total Price: $15,360.00 Total price is based on the estimated quantity and may be more or less. Pick Ups with Cab & Chassis, per Bondy’s Ford See Price in City of Dothan Bid Specifications: Dothan, AL Description 1 Ton, Crew Cab: Quantity (one or more): Make & Model: Ford D-350 XL DRW Total Price of Unit:$27,502.72 Minutes of the Board of Commissioners – December 15, 2015, continued. 3/4 Ton, Regular Cab, Cab & Chassis Only: Quantity (one or more): Make & Model: Ford F-250 Total Price of Unit: $23,132.72 Additional Options at Dealer Cost Pick Ups with Cab & Chassis, per Stiver’s Ford Lincoln See Price in City of Dothan Bid Specifications: Montgomery, AL Description 1/2 Ton, Regular Cab, Full Size: Quantity Three (3) (or more): Make & Model: Ford F-150 Regular Cab, Total Price of Unit:$18,519.00 1/2 Ton, Extended Cab: Quantity (one or more): Make & Model: Ford F-150 Extended Cab, Total Price of Unit:$20,692.00 One Ton, Regular Cab, Cab & Chassis Only: Quantity (one or more): Make & Model: Ford F350 Cab Chassis DEW Total Price of Unit: $23,900.00 Additional Options at Dealer Cost Additional Purchases for Bids Previously Awarded: 20 Yard Rear Loader Refuse Body: Sansom Equipment Co. $ 54,927.51 Quantity 1, Make & Model (Body Only): Birmingham, AL New Way Cobra 20 Cubic Yard. Unit Price: $54,927.51 Samson Equipment can extend the pricing until 01/07/2016. Cab & Chassis for 20 Yard Coffman International $ 80,549.32 Rear Loader: Quantity 1; Dothan, AL Make & Model: 2015 International 7400 4x2 Other Purchases: Sole Provider Newspaper Alabama Community Newspapers $ 12,000.00 Advertising: in the Dothan Eagle Dothan, AL for Legal Advertisements for City Clerk Notices for District 6 Special Election. This is in addition to previous estimated other advertising expenses approved earlier in FY 2016. Professional Legal Services Copeland, Franco, Screws, & Gill, P.A. $ 3,377.50 through 10/31/15 Montgomery, AL Claim Number 2003204 2 Cooper v. City Professional Legal Services Maynard, Cooper & Gale $ 10,351.80 through 10/31/15; Claim Number Birmingham, AL 2003124, ReaMonica 2 Carney v City of Dothan Professional Legal Services Maynard, Cooper & Gale $ 45.90 Claim Number 2003132, Personnel Birmingham, AL 2 Board v Ivan K. Gray through 10/31/15 2015 John Deere 5500E Tractor John Deere Company $ 31,623.10 with H240 Loader: Purchase off Cary, NC HGAC Contract #GR01-15. Purchasing through SunSouth, Dothan, AL. (Local Dealer). The Purchase Order has to be issued to John Deere Company, Cary, NC. Quantity One (1 or more) Unit Price: $31,623.10 Minutes of the Board of Commissioners – December 15, 2015, continued. Furnish & Install New Equipment Financial Total Leasing, Inc. dba $ 34,309.00 for New Utility Collections (Old Southern Bank & Equipment & ATMs 3 Southtrust Bank)to include : Duluth, GA New Overhead, Drive-Up Remote Teller System; New Teller Transaction Drawers; New Cash Safe with Teller Trays & Cash Lockers; and New Metal Under-Counter Pedestals for Teller Line. All Equipment to be Delivered and Installed. Project #870415. Dell CTO Kace K1100 Appliance CDW Government, LLC $ 37,982.59 Hardware/Software with Vernon Hills, IL Maintenance for Three (3) Years: Quantity 800 Units Purchase using National Joint Powers Alliance (NJPA) Contract 100614#CDW Technology Catalog. Software is Used for Work Order Management and to Apply Third Party Software Patches. 2 Legal expenses have exceeded $15,000 for this item. 3 This is a purchase of equipment. Commissioner Kirkland then moved for adoption of Resolution No. 2015-373 as amended, motion seconded by Commissioner Newsome. Regarding the fleet purchases, Commissioner Kenward asked if all of the vehicles that are being retired need to be replaced. General Services Director Randy Morris explained that each year his department compiles a list of recommended vehicles for replacement based on mileage, age, and maintenance costs. He said the individual departments then review the list and give their input as to whether or not the recommendations are the best replacements for their department. Mr. Morris advised that surplus/unused vehicles are turned in and are not replaced. He said this is looked at closely by both his department and the individual departments that use the fleet. City Manager West advised that a fixed assets inventory is conducted at the end of each year and a lot of vehicles have been eliminated during his time with the City. Commissioner Kenward asked that the Commission be made aware of when the inventory is trimmed back so that they may be able to communicate these instances to the citizens, and City Manager West agreed that this will be done. Commissioner Newsome said the cost of parts and maintenance being required by some of these vehicles need to be looked at very hard, as well as the mileage. Mr. Morris confirmed for Commissioner Kenward that eliminated vehicles are either placed on the GovDeals website or offered to a community who is need of that particular vehicle. Regarding the legal fee items, Commissioner Ferguson asked if it against City policy to owe these fees prior to Commission approval and he questioned why the lawsuits fall under Personnel versus the Legal Department. City Manager West advised that this is the way these type of legal matters have been handled in the past and it is hard to predict the amount of money that will be involved. Commissioner Ferguson said he believes it would be a better practice for there to be some communication between the City and the law firm in order for the Commission to be able to pre-approve a certain dollar amount. Commissioner Kenward said this would also allow the Commission the opportunity to review what is happening with the cases before approving to increase the dollar amount if necessary. City Manager West clarified for Commissioner McCarroll that these legal fees are not within the amount budgeted for the year, and he discussed the unpredictability of employment law cases. Commissioner Ferguson asked for clarification on the items that list the quantity as “one or more.” City Manager West explained that these bids are for one item at this time, but should additional items be needed throughout the year, the vendor will honor the pricing. Mayor Schmitz confirmed with City Manager West that these items would still come before the Commission for approval. Minutes of the Board of Commissioners – December 15, 2015, continued. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, and McCarroll; “nay:” Kenward. The motion was carried by the majority of six "yeas" to one “nay.” Mayor Schmitz introduced Resolution No. 2015-374 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Romona Marcus SunGard 2016 Annual International Public $ 6,185.00 Kim Arnold Sector Users Group Education and Jessi Harden Training Conference Las Vegas, NV Ray Mock SWAT Command Decision Making and $ 1,375.00 Leadership Tuscaloosa, AL Scott Owens Advanced Roadside Impaired Driving $ 334.70 Enforcement (ARIDE) (As Instructor) Tuscaloosa, AL Sammie Hancock Glock Instructor Workshop $ 380.00 Marianna, FL Steve Parrish Alabama Association of Chiefs of Police $ 766.63 (AACOP) 2016 Winter Conference Montgomery, AL Commissioner Kirkland then moved for adoption of Resolution No. 2015-374 motion seconded by Commissioner Dorsey and unanimously carried. Commissioner Newsome moved to approve a request by Ronnie Brown, Ronnie’s Men’s and Boy’s Wear for an additional thirty (30) consecutive calendar-day period to conduct a Going Out of Business Sale, motion seconded by Commissioner Kirkland and unanimously carried. Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Ferguson. Mayor Schmitz said former Mayor James Grant is very ill, and he requested everyone to keep him and his family in their prayers. There being no further business 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 Albert Kirkland, Associate Commissioner /s/John Ferguson, Associate Commissioner /s/Beth Kenward, Associate Commissioner /s/Steve McCarroll, Associate Commissioner BOARD OF CITY COMMISSIONERS