City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING MAY 16, 2017 The Board of Commissioners of the City of Dothan, Alabama, met in regular session in the Dothan Opera House at 10:00 a.m., Tuesday, May 16, 2017 with the following members present: Mayor Mike Schmitz, Associate Commissioners Kevin Dorsey, Amos M. Newsome, Jr., Albert Kirkland, John Ferguson, Beth Kenward, and David Crutchfield. 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 Adam Comeens, First Presbyterian Church, then led in prayer, afterwhich Commissioner Dorsey led in the Pledge of Allegiance to the Flag. Commissioner Kirkland moved that the Minutes of the Meeting of May 2, 2017, be approved, motion seconded by Commissioner Kenward and unanimously approved. Mayor Schmitz invited Circle City BMX (CCBMX) Track Operator Travis Roettgen to speak. Mr. Roettgen introduced his son Reid, Kyle Kirchhoff, and Cody Kirchhoff. He said Kyle and Reid are fabulous racers and he considers them to be a product of what the organization has achieved over the last five years by the organization making improvements to the track and bringing in many races. He said Kyle and Reid recently raced in a UCI BMX World Championship qualifier event in Rock Hill, South Carolina, and in their age group of ten years old, they qualified to be part of the USA World Team. He said they are 2 of 32 kids in the United States at their age and 2 of 4 kids in Alabama that qualified from their home track. He said they are very proud of them for this huge achievement. Mayor Schmitz said CCBMX is one of our many public/private partnerships. He said the parents and the family members take care of this track, run everything, and do all the work, and he expressed gratitude for them. He said to get a national tournament like CCBMX has done brings an incredible amount of economic boom and financial help to our community. Mayor Schmitz invited Dothan High School (DHS) Track and Field Coach Chris Cooper to speak. Coach Cooper introduced DHS team members Bryson Walker, Jerland Mack, and Mike Houston, and he recognized team member Ty White who was unable to attend today. Coach Cooper said these young men have worked very hard, and they recently won the Class 6A 4x800 meter state championship in Gulf Shores, breaking the high school record by thirty seconds and coming two seconds shy of setting the state record. He said he is proud of what this team has been able to accomplish with limited resources, and he talked about other students who are excelling in the program. He discussed the condition of the existing track compared to the facilities they are competing against, and he said he would love to have the opportunity to sit down and talk about the possibility of getting a new track. Mike Houston said it has been a blessing to be a part of this team since eighth grade and Coach Cooper has done a fantastic job. He said the team has been training on the asphalt track and the grass, and he requested consideration for a proper track. Mayor Schmitz presented and read a proclamation, proclaiming the week of May 14-20, 2017 as “Police Week” in the City of Dothan. Police Chief Steve Parrish was present for the proclamation. Chief Parrish recognized and presented the Officer of the Year Award to Officer Damon Owens, the Supervisor of the Year Award to Sergeant Jason Adkins, and Life Saving Awards to Officer Kevin Moore, Officer Thomas Price, Officer Jeb Howell, Officer Jack Hunt, Officer Chris Summerlin, Sergeant Jon Godwin, and Officer Alan Rhodes. Chief Parrish also recognized Officer Katrina Lewis Culbreath, bailiff for the court system, for her recent act of generosity in buying Minutes of the Board of Commissioners – May 16, 2017, continued. groceries for a lady who had just received her fine for stealing food to feed her family. He said Officer Culbreath did not want this advertised but the lady shared the story on social media and it has since gone viral, and he wanted to publicly recognize her for what she did. Mayor Schmitz presented and read a proclamation, proclaiming the week of May 21-27, 2017 as “Emergency Medical Services Week” in the City of Dothan. Fire Chief Larry Williams and Captain Sean Gibson were present for the proclamation. Chief Williams and Captain Gibson recognized and presented the John T. Ingram Emergency Medical Technician (EMT) of the Year Award to Firefighter Preston Banister and the Paramedic of the Year Award to Firefighter Eddie Smith. Commissioner Kirkland said he is saddened to say the recycling site at the Houston County Farm Center had to be closed because of continued problems with contaminated loads. He said no dumping signs have been placed on the property, but people are still dumping trash on the ground, and at some point, tickets will have to be written. Commissioner Kirkland said he and his wife were fortunate to attend the Alabama College of Osteopathic Medicine (ACOM) graduation ceremony at the Civic Center on Saturday, May 13th. He said there were 128 graduates and hotel rooms were full with people visiting from all over the nation. He said it is really heartwarming to be a part of having something of this magnitude in our City. Commissioner Kenward said it is a huge blessing for our City to have the Miracle Field and the Miracle Playground at Westgate Park, and she has been contacted numerous times by citizens that have found people without disabilities taking up space on the equipment. She asked citizens to spread the word that those are designed specifically for people with disabilities and to respectfully vacate equipment if a child or adult with a disability is present so that they can enjoy it. Commissioner Crutchfield said he is blessed to have had the opportunity to go to Atlanta, Georgia yesterday with local Chick-fil-A franchisee Jeff Cook, and his wife Tracy, along with several other Dothan Area Chamber of Commerce representatives, to see how a great corporation can be run while also giving back to their employees and the community. He said this is a wonderful organization, and he is glad we have these types of corporate partners in our City. Commissioner Crutchfield thanked the department heads for their quick response to his questions over the past couple of weeks and for the job they do. Mayor Schmitz said Wayne Farms, who locally employs over 1,000 people and has invested $100 million plus in Dothan, does over $100 million worth of business with Chick-fil-A. He said they were able to tell Chick-fil-A representatives how grateful we are for these jobs in Dothan because of their business. Mayor Schmitz said the Mayor’s Ride for Fitness was held Saturday, May 13th and it was a beautiful day. He said there was a great turnout with lots of kids attending the event. City Manager West, along with Leisure Services Assistant Director of Operations Kim Meeker, presented a service award to Roy Kitts, for twenty-five years of service with the City. City Manager West made the following announcements and comments:  A free bidder’s enrollment seminar will be held on Thursday, June 1st at 9:00 a.m. in the City Manager’s Conference Room for those who are interested in being on the City’s bidder list.  The Dothan Animal Shelter’s annual “Bark in the Park” fundraiser will be held Saturday, May 20th from 10:00 a.m. until 3:00 p.m. at Eastgate Park. Minutes of the Board of Commissioners – May 16, 2017, continued.  The Dothan Police Department will host the annual Police Memorial Service Wednesday, May 17th at 10:00 a.m. in the Municipal Courtroom.  Graduation for Northview High School is Friday, May 19th at 7:00 p.m., and Dothan High School is Saturday, May 20th at 10:00 a.m., both at Rip Hewes Stadium.  All City pools will open on Thursday, May 25th for the summer.  The City Commission meeting for Tuesday, July 4th is canceled because this date is a holiday.  City Commission meetings will continue to be held in the Dothan Opera House until the Commission Chambers renovation is complete. Mayor Schmitz introduced the application of Ronald Kay for a Retail Beer and Retail Table Wine License (off premise) for Fred’s Store #1410, located at 2146 South Oates Street. Commissioner Kirkland 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. Mayor Schmitz introduced the application of Rickey Stokes, d/b/a A-Advantage Bonding, LLC, for a Bail Bonding License, located at 109 East Adams Street. Commissioner Ferguson moved for approval, motion seconded by Commissioner Kenward. Mayor Schmitz asked if there was anyone present who would like to speak on this matter and there were none. There being no discussion and upon the motion being put to vote, those voting “yea,” were Dorsey, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none; “abstained:” Schmitz and Newsome. The motion was carried by the majority of five "yeas" to two “abstentions.” 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. 2017-157 (recorded in Ordinance Book No. _______at Page_______), establishing the hours for which the polls will be open for voting in the Municipal Election to be held on August 1, 2017 and the Run-Off Election, if necessary, to be held on September 12, 2017. Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Ferguson and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Kirkland then moved for adoption of Ordinance No. 2017-157, motion seconded by Commissioner Kenward and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2017-158 (recorded in Ordinance Book No. _______at Page_______), entering into a Ground Lease Agreement with the Boys and Girls Club of the Wiregrass for lease of property at 402 Sonesta Street (Young Junior Park). Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Crutchfield and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Ferguson then moved for adoption of Ordinance No. 2017-158, motion seconded by Commissioner Kenward and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Minutes of the Board of Commissioners – May 16, 2017, continued. Mayor Schmitz introduced Ordinance No. 2017-159 (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 Ameris Bank, Dothan, Alabama as a depository. Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Ferguson and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Kirkland then moved for adoption of Ordinance No. 2017-159, motion seconded by Commissioner Kenward and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Ordinance No. 2017-160 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 94, Taxation, Division 4, Sales and Use Tax Exemption, Sec. 82, Exempted from paying city sales and use tax of the Code of Ordinances of the City of Dothan (changing date for back-to-school purchases to period beginning at 12:01 a.m. on the third Friday in July of each year and ending at twelve midnight the following Sunday). Commissioner Kirkland moved for immediate consideration, motion seconded by Commissioner Crutchfield and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Kirkland then moved for adoption of Ordinance No. 2017-160, motion seconded by Commissioner Newsome. City Manager West said this is a reflection of a change in the state law. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Schmitz, Dorsey, Newsome, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Schmitz introduced Resolution No. 2017-161 (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 Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-162 (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 June 20, 2017. Commissioner Dorsey moved for adoption, motion seconded by Commissioner Kirkland. Commissioner Ferguson said one of these addresses is a habitual problem and he doesn’t know that we are doing enough to alleviate the neighbors’ concerns. He said it is one of the worst cases he has seen of neglect, and he is not sure if there are any extenuating circumstances for the homeowner but it is just a matter of time before we see this again. He said he doesn’t know what we can do about it, but he wants to go on record to say he thinks we need to do more. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-163 (recorded in Ordinance Book No._______at Page_______), confirming the cost incurred in notification and abatement of certain properties determined to be in violation of Article III, Chapter 106 of the City of Dothan Code of Ordinance (repeat offenders) 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 Kirkland moved for adoption, motion seconded by Commissioner Newsome and unanimously adopted. Minutes of the Board of Commissioners – May 16, 2017, continued. Mayor Schmitz introduced Resolution No. 2017-164 (recorded in Ordinance Book No._______at Page_______), consenting to the change of ownership between Southern Light, LLC (Franchisee) and Uniti Fiber Holdings, Inc. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Newsome. City Manager West said Attorney Alan Livingston is here to answer any questions. Mayor Schmitz confirmed with City Manager West that this company has just been bought out. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-165 (recorded in Ordinance Book No._______at Page_______), applying for and receiving a C-3 Grant for Transportation for America’s Creative Corridor Consortium. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-166 (recorded in Ordinance Book No._______at Page_______), submitting the 2016 Municipal Water Pollution Prevention Annual Reports for the City’s three (3) wastewater treatment plants to the Alabama Department of Environmental Management. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-167 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice to Proceed, and other related documents to Construction Labor Services, Inc. for Selective Weed Control for Sewer and Electric Utility Lines Maintenance-of-Way for the sum of $38,116.60. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. City Manager West said this is part of our requirement with the Environmental Protection Agency to keep our sewer mains free of vegetation. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-168 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract and issuing a Notice to Proceed to L&K Contracting Co. for the Inez Road Sanitary Sewer Rehabilitation project in the amount of $1,669,600.00, and appropriating funds for said project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey. City Manager West said this money has been reserved, and he confirmed for Commissioner Ferguson that this is not part of the state revolving fund loan. Commissioner Kirkland said this is our fourth project to be bid, and he is proud we are doing this. Commissioner Dorsey said he is happy to see that this is a local contractor. There being no further discussion, the resolution was unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-169 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Gosselin Design to provide architectural services for a fee of $18,100.00 for the renovation of the west wing for the Alfred Saliba Family Services Center, the replacement of the HVAC unit at Boys and Girls Club of the Wiregrass, the exterior renovation for the Boys and Girls Club of Hawk-Houston and the partial demolition and reconstruction of DuBois Institute/Aunt Katie’s Community Garden. Commissioner Newsome moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-170 (recorded in Ordinance Book No._______at Page_______), agreeing to donate and transfer ownership of Dothan Police Canine Kazan (863) to William Kaufmann. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-171 (recorded in Ordinance Book No._______at Page_______), approving payment of invoices for the month of April, 2017 in the amount of $15,373,260.17. Commissioner Kenward moved for Minutes of the Board of Commissioners – May 16, 2017, continued. adoption, motion seconded by Commissioner Crutchfield and unanimously adopted. Mayor Schmitz introduced Resolution No. 2017-172 (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 Solid Dielectric, Triple G & W Electric Company See Prices in Single Reclosers, Dothan, AL Description per City of Dothan Bid Specifications: Quantity 2 (or more) Unit Price: $18,165.00 Total Price: $36,330.00 Other Purchases: Purchase Demo Model Altec HiLine, LLC $ 399,967.00 100' Bucket Truck: Duluth, MN Replacing Unit # 3122 Unit Price: $399,967.00 NJPA Co-Operative Contract 031014-ALT Commissioner Kenward then moved for adoption of Resolution No. 2017-172, motion seconded by Commissioner Crutchfield and unanimously carried. Mayor Schmitz introduced Resolution No. 2017-173 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Steve Parrish Alabama Association of Chiefs of Police $ 1,061.56 (AACOP) 2017 Summer Conference Orange Beach, AL Jennifer Scheetz SunGard Public Sector Users’ Group $ 2,176.20 Association (SUGA) 2017 Conference Nashville, TN Jim Watson IAFC’s Annual Conference & Expo FRI 2017 $ 1,573.04 Charlotte, NC Thomas Groomes IAFC’s Annual Conference & Expo FRI 2017 $ 1,573.04 Charlotte, NC Dexter Hart ARPA State Track Meet $ 2,123.00 Stephanus White Trussville, AL Commissioner Kirkland then moved for adoption of Resolution No. 2017-173, motion seconded by Commissioner Kenward and unanimously carried. Commissioner Kirkland moved to approve payment in the amount of $76,000.00 for Allied Fence vs. City of Dothan, Case No. CV 2007-474, motion seconded by Commissioner Crutchfield and unanimously carried. Commissioner Kirkland moved to accept a temporary construction easement from Sharon Ann Watford Baxter for replacing sewer main and sewer lines on South Oates Street (Highway 231 South), motion seconded by Commissioner Kenward and unanimously carried. Commissioner Kenward moved to accept easements from Brian and Terri Eldridge and LBJ Investments, LLC, needed for the installation of water lines on East Selma Street, motion seconded by Commissioner Crutchfield and unanimously carried. Minutes of the Board of Commissioners – May 16, 2017, continued. There being no further business, Commissioner Kirkland moved that the meeting be adjourned, motion seconded by Commissioner Crutchfield and upon the unanimous vote of "yea," the meeting was duly adjourned. /s/Tammy Danner, City Clerk Approved: /s/David Crutchfield, Mayor Pro tem /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 BOARD OF CITY COMMISSIONERS