City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING DECEMBER 5, 2017 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 5, 2017 with the following members present: Mayor Mark Saliba, Associate Commissioners Kevin Dorsey, Janasky Fleming, 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 Saliba called the meeting to order. Pastor Doug MacCormack, Crossroads Baptist Church, then led in prayer, afterwhich Commissioner Kirkland led in the Pledge of Allegiance to the Flag. Commissioner Kirkland moved that the Minutes of the Meeting of November 21, 2017, be approved, motion seconded by Commissioner Dorsey and unanimously approved. Mayor Saliba presented and read a proclamation, proclaiming December 6th of each year as “Wiregrass Angel of Hope Day.” Steve Hardwick and parents in support were present for the proclamation. Commissioner Ferguson thanked Fire Chief Larry Williams and the Fire Department for their response last night to a house fire that occurred next door to his mother-in-law’s home. He expressed appreciation to both Fire and Police for their professionalism and for their service. Commissioner Kenward said she would like to make our citizens aware that the State of Alabama has been given a special election period for Medicare open enrollment and this extension is through December 31st because of the hurricanes and bad weather that have happened in our state. Commissioner Crutchfield thanked Police Chief Steve Parrish and Corporal John Chesser for their leadership at last week’s Garden District Neighborhood Watch meeting in providing tips to citizens on how to better protect themselves. He reminded everyone that the organizational meeting for Brentwood Subdivision’s Neighborhood Watch is at 6:00 p.m. tonight at Westgate Recreation Center. Mayor Saliba said it was a delight to have about 700 seniors at the Civic Center yesterday for an event sponsored by the Dothan Rotary Club. He thanked Fire Chief Larry Williams and Battalion Chief Chris Etheredge for their department’s quick response to an incident requiring medical attention and the staff for always doing a great job with events hosted at the Civic Center. Mayor Saliba announced that there will be an amendment to Item No. 20 and appropriate action will be taken at that time. City Manager West, along with General Services Director Randy Morris, presented a service award to David Childs for thirty years of service with the City. City Manager West, along with Police Chief Steve Parrish and Captain Eddie Henderson, presented a retirement certificate to Mamie McCory. City Manager West invited Planning Director Todd McDonald and his staff to preview the online business license renewal process. Mr. McDonald briefly discussed the process, and he said this has been in the works for quite some time. He thanked the Business License Division staff and the IT Department staff for working together over these years to make this happen, and he recognized Revenue Officer Garry Shirah, Revenue Officer Stacey Livingston, IT Systems Analyst Paul Smith, and IT Systems Specialist Davis Hart for their vital help in this Minutes of the Board of Commissioners – December 5, 2017, continued. effort. Handouts were provided and Mrs. Livingston presented an overview with further details of the online renewal process. City Manager West made the following announcements and comments:  The City’s Annual Christmas Tree Lighting event is at 6:00 p.m. tonight on the south side of the Civic Center beside the portico.  The “Dirty Stroll N Roll” event will take place at the Forever Wild trails Saturday, December 9th. This event consists of a 3.7 mile run, followed by a 9.5 mile bike ride, and finished by a 1.2 mile run. Registration is at 8:30 a.m. and the race starts at 9:00 a.m.  The Troy University Men’s basketball team will play Milligan College in the Civic Center arena at 6:00 p.m. on Thursday, December 21st.  The next Dothan 101 will begin in April of 2018 and members of the commission are asked to find two people to take the class.  The draw for the Downtown Dothan Hoops Classic was held last night and this tournament will start December 26th. This is a great tournament with all proceeds over and above cost going to the participating schools. As of last year, over $400,000 has been given out to schools over the life of the tournament. City Manager West expressed his condolences to City Clerk Danner on the passing of her mother-in-law yesterday, and he asked everyone to keep her and her family in their prayers. Mayor Saliba introduced the application of Virginia C. Rubio for a Lounge Retail Liquor License – Class II (Off Premise) for Below Cost Package, located at 219 Fortner Street. Mayor Saliba asked if there was anyone present to speak on this matter. Sam Crawford, Executive Director of the Dothan Housing Authority (DHA), spoke in opposition to this application. Mr. Crawford said Henry Green Apartments, a public housing property, is located close to this address and is home to 96 families and 214 tenants. He said DHA opposes this request because they understand that the top priority is safety in our developments to the tune that they participate with the City of Dothan to approximately $200,000 invested in the COPS Program. He said they understand that the introduction of alcohol into communities comes with a host of problems; our residents are already faced with life’s challenges and they do not want to add additional challenges. He said the DHA is asking the Commission to be the beacons of hope for our residents at Henry Green. Phillip Gilley, Executive Director of the Boys and Girls Club of the Wiregrass (BGCW), spoke in opposition to this request. Mr. Gilley said this is a corner lot located diagonally across from their corner lot. He said the BGCW has been there for 52 years serving thousands and thousands of youth and trying to make a positive impact on lives. He said this request is not conducive to what the BGCW is trying to purvey. He said even though there are businesses in this area, it is still a neighborhood with a lot of walk through traffic, residential properties, three churches, and a daycare, as well as Henry Green Apartments and the BGCW. He said there are future plans for a teen center which would be directly across the street from this proposed package store. He said this is not the type of environment that the BGCW want to convey to make our kids positive, productive, caring adults. He said this would create a host of problems and safety is one of the concerns associated with this request. Mayor Saliba asked if there was anyone else present who would like to speak on this matter. There being none, Mayor Saliba called for a motion. Hearing no motion, the application was denied. Mayor Saliba introduced the application of Maulik Patel for a Restaurant Retail Liquor License (On Premise) for Holi Indian Cuisine, located at 2855 Ross Clark Circle, Suite 100. Mayor Saliba asked if there was anyone present to speak on this matter and there were none. Commissioner Kenward moved for approval, motion seconded by Commissioner Crutchfield. There being no discussion and upon the motion being put to vote, the motion was unanimously carried. Minutes of the Board of Commissioners – December 5, 2017, continued. Mayor Saliba introduced the application of Christine McVay for a Lounge Retail Liquor License – Class I (On or Off Premise) for The Collective, located at 145 South Saint Andrews Street. Mayor Saliba asked if there was anyone present to speak on this matter and there were none. Commissioner Kirkland moved for approval, motion seconded by Commissioner Crutchfield. There being no discussion and upon the motion being put to vote, the motion was unanimously carried. Mayor Saliba announced a Public Hearing regarding the vacating of a portion of the right-of-way of Moore Road. Mayor Saliba asked if there was anyone present to speak on this matter. David Hogg said he is a local attorney who was raised at the intersection of Moore Road and Taylor Road in a house his Dad built in 1960, using material salvaged from the original Houston County Courthouse. Mr. Hogg said the house still stands, he owns the property, and plans to rent it out in the future. He said he travels on Moore Road often and his sister who lives in Lakewood drives through this area each day. He said they both agree that the traffic situation is not so bad as to warrant the closing of Moore Road or the building of a proposed additional road to extend Honeysuckle Road across the fields and woods north of Selma Baptist Church. He said there has been publicity about flooding near the church where Limestone Creek sometimes overflows Moore Road at a low spot but a box culvert could raise the road to give more room for the creek bed to flow. He said while traffic can get busy at the Moore Road, South Park Avenue, and Honeysuckle Road intersection, most of the confusion happening in front of the church comes from traffic trying to access South Park Avenue from Hatton Road. He said closing the access to South Park Avenue from Hatton Road would help make that intersection more sensible, and then if there were concerns about the traffic coming from Honeysuckle Road to Moore Road, medians could be installed on South Park Avenue in order to force traffic down to Taylor Road. He said these suggestions would keep Moore Road open allowing access to the people who live along Moore Road and in the Stone Creek Landing Subdivision and reduce any real traffic situation that may exist now or in the future. He said these things would be less expensive and should be implemented first before making drastic or significantly expensive improvements. Charles Davis said he lives in Stone Creek Landing Subdivision and Moore Road is the most convenient way for him to go to and from his home. Mr. Davis said he does not think closing Moore Road will solve any problems and there are other solutions. He said closing Moore Road will not stop the flooding problem because the water backs up a lot further down that creek than just Moore Road. He said there are 102 homes in Stone Creek, everyone bought their home with Moore Road already there, and that is the way most people travel. He said he knows of no survey done to address those 102 residents, there are other subdivisions further down Honeysuckle, and about 4,000 people a day use that road because it is convenient. He said the road has been there for a long time and he doesn’t think the solution to any problem is closing Moore Road. Larry Austin said he lives in Stone Creek Landing Subdivision, it is just as convenient and the distance is no different to travel South Park Avenue to Taylor Road, and Moore Road needs to be closed. Kenneth Mathis said he lives in Stone Creek Landing Subdivision and wrote the letter to the Editor of the Dothan Eagle in opposition to the closing of Moore Road. Mr. Mathis said six families live on Moore Road and one of the individuals has been quoted in the Dothan Eagle about his problem with the flooding and the turning around in his yard, but the bigger issue here is the safety of the senior citizens who live in Stone Creek Landing. He said closing Moore Road will force the residents to make an unprotected left hand turn, fighting the traffic that has been taken off of Moore Road and forced on to South Park Avenue, to the four- way stop intersection at Taylor Road where there is already a lot of confusion. He said he believes more accidents have occurred at this intersection than there have been at the configuration of Moore Road and Honeysuckle Road. He said the meeting held at Selma Baptist Church provided no opportunity to speak for or against this issue so he later met with Assistant Public Works Director Charles Metzger and staff for an hour in Mr. Metzger’s office where he offered some Minutes of the Board of Commissioners – December 5, 2017, continued. suggestions. He said that while he appreciated this opportunity the Commission will be making the decision and the public who are using Moore Road do not have a voice. He said he knows Selma Baptist Church is in support of the closing and Commissioner Ferguson met with some of the residents of Stone Creek Landing but that does not cover the approximate 3,000-4,000 people who travel on Moore Road. He said his problem is not understanding how the City ended up in control of that half mile of highway sitting between two roads controlled by Houston County. He said the legal notice published in the newspaper did not clearly state that this will close Moore Road. He said this is not right, and he asked who runs City government. Mr. Metzger said this is one of the worst intersections in the City and this request is about safety. He discussed the current configuration of the intersection and said there is a longer range plan in place to help as well. He said the estimated cost of the cul-de-sacs is just over $30,000 with the work being done in-house. Commissioner Ferguson said he has advocated for the City to find solutions to problems with this intersection in response to phone calls he has received from his constituents. He said he knows not everyone will agree on the proper solution, but this is safer and there is not a significant impact on travel time as far as distance is concerned. He said he hopes the Commission will consider voting for this because it has been a long time coming and the people who support the project far outnumber those who have spoken in opposition. Mayor Saliba thanked those who came to speak today to express their opinions in front of the Commission. He said the Commission and the staff take what they do very seriously and it is not done lightly. He said it is always done with a lot of care and concern for all feelings even though we may not always agree. He said he knows Commissioner Ferguson has put a lot of work and effort in to trying to address the situation. There being no one present to speak, Mayor Saliba declared the Public Hearing closed. Mayor Saliba announced a Public Hearing regarding the abatement and removal of noxious or dangerous weeds. There being no one present to speak, Mayor Saliba declared the Public Hearing closed. Mayor Saliba introduced Ordinance No. 2017-395 (recorded in Ordinance Book No. _______at Page_______), amending Chapter 10, Animals, Section 10-145, Redemption or Adoption of Impounded Animals, of the Code of Ordinances of the City of Dothan. Commissioner Kenward moved for immediate consideration, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Saliba, Dorsey, Fleming, 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. 2017-395, motion seconded by Commissioner Kirkland. Commissioner Kenward said this is a step forward and will ensure all animals up for adoption at the shelter are spayed/ neutered and vaccinated. She said this is our way of getting actively involved in the overpopulation of animals. She thanked Police Chief Steve Parrish and the animal services staff, as well as the Wiregrass Spay/Neuter Alliance for partnering with us. She said this is a much more affordable option than adopting an animal and then taking it to a private vet for these services. Chief Parrish confirmed for Commissioner Crutchfield that the animals will also be micro-chipped and registration will be done by the shelter. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Saliba, Dorsey, Fleming, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Saliba introduced Ordinance No. 2017-396 (recorded in Ordinance Book No. _______at Page_______), rezoning property owned by David Dauphin, located at 203 Beecher Street from R-2 (Medium Density, Single – Family, Residential) to B-3 (Local Shopping) District. Commissioner Kenward moved for immediate consideration, motion seconded by Commissioner Crutchfield and upon Minutes of the Board of Commissioners – December 5, 2017, continued. the motion being put to vote, those voting “yea,” were Saliba, Dorsey, Fleming, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Commissioner Crutchfield then moved for adoption of Ordinance No. 2017-396, motion seconded by Commissioner Kirkland and upon the motion being put to vote, those voting “yea,” were Saliba, Dorsey, Fleming, Kirkland, Ferguson, Kenward, and Crutchfield; “nay:” none. The motion was carried by the majority of seven “yeas” to no “nays.” Mayor Saliba introduced Resolution No. 2017-397 (recorded in Ordinance Book No._______at Page_______), vacating a portion of the right-of-way of Moore Road between Taylor Road and S. Park Avenue and retaining a Public Utility and Drainage easement on said vacated ROW. Commissioner Ferguson moved for adoption, motion seconded by Commissioner Crutchfield. Commissioner Kenward asked for clarification on how this item relates to the proposed closing of Moore Road as it does not outright state this information. City Manager West said this will allow City staff to move forward with building the two cul-de-sacs as all the other right-of-way has been gathered. There being no further discussion and upon the motion being put to vote, those voting “yea,” were Saliba, Dorsey, Fleming, Kirkland, Ferguson, and Crutchfield; “nay:” Kenward. The motion was carried by the majority of six "yeas" to one “nay.” Mayor Saliba introduced Resolution No. 2017-398 (recorded in Ordinance Book No._______at Page_______), requesting that the local legislative delegation introduce legislation, supported by the Dothan Board of City Commissioners, to increase the number of commissioners on the City of Dothan Housing Authority from five members to seven members. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-399 (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 Kenward moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-400 (recorded in Ordinance Book No._______at Page_______), entering into a Private Development agreement with Frog & Nickel LLC, for the installation and maintenance of water meters at Apple Corners Shopping Center located at 100 Apple Avenue, Dothan, AL. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. City Manager West said this is our standard water agreement. There being no further discussion, the resolution was unanimously adopted. Mayor Saliba introduced Resolution No. 2017-401 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with the Alabama Department of Transportation for reimbursement of the cost associated with the relocation of electric facilities for the Ross Clark Circle Widening Project. Commissioner Kenward moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-402 (recorded in Ordinance Book No._______at Page_______), entering into a professional service contract with the Wiregrass Spay/Neuter Alliance to provide sterilization surgery and rabies vaccinations for animals adopted from the City of Dothan Animal Shelter. Commissioner Kenward moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-403 (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 case, and appropriating funds for said funding. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Fleming and unanimously adopted. Minutes of the Board of Commissioners – December 5, 2017, continued. Mayor Saliba introduced Resolution No. 2017-404 (recorded in Ordinance Book No._______at Page_______), entering into a Memorandum of Understanding agreement with the Federal Bureau of Investigation Mobile Division for reimbursement of overtime expenditures not to exceed $18,042.00, and appropriating funds for said expenditures. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Dorsey and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-405 (recorded in Ordinance Book No._______at Page_______), appropriating $25,000.00 for a National Fitness Court plus construction labor and materials. Commissioner Kenward moved to amend the resolution, motion seconded by Commissioner Crutchfield and unanimously carried. Commissioner Crutchfield then moved for adoption of the resolution as amended, motion seconded by Commissioner Kenward and unanimously adopted. Commissioner Fleming asked for further information regarding the additional costs the City will incur for construction labor and materials. City Manager West said basically the cost to the City will be the labor to install the concrete pad and the wall to honor the sponsors. Commissioner Kenward asked what the maintenance costs will be going forward. City Manager West said it will be the standard we have on similar type equipment such as that located at Kiwanis Park. Mayor Saliba introduced Resolution No. 2017-406 (recorded in Ordinance Book No._______at Page_______), entering into a Memorandum of Agreement between the City of Dothan and the City of Dothan/Houston County Communications District to clarify procedures for any assistance the City renders to the District for its emergency maintenance facility needs. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-407 (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 Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-408 (recorded in Ordinance Book No._______at Page_______), reappointing Andy Gosselin, Adam O’Brien, Claire Paquette, Collins Trott, Daniel Tew and Mike Owen as members of the Museum Board. Commissioner Kenward moved for adoption, motion seconded by Commissioner Crutchfield and unanimously adopted. Mayor Saliba thanked all of those who are willing to serve. Mayor Saliba introduced Resolution No. 2017-409 (recorded in Ordinance Book No._______at Page_______), reappointing Letetia Jackson, David Mit Kirkland, Susan Wilkins and Cliff Mendheim as members of the Dothan Downtown Redevelopment Authority. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-410 (recorded in Ordinance Book No._______at Page_______), appointing James N. Snellgrove as a Member of the Community Development Advisory Board. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Crutchfield and unanimously adopted. Mayor Saliba introduced Resolution No. 2017-411 (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 3 Phase Padmount Transformers Gresco Utility Supply $ 166,536.00 2500 kVA 277/480 Volt: Dothan, AL Quantity 6 (more or less) Unit Price: $27,756.00 Minutes of the Board of Commissioners – December 5, 2017, continued. Single Phase Padmount Gresco Utility Supply $ 70,280.00 Transformers 37.5 kVA; Dothan, AL 50 kVA; 75 kVA See bid tabulation sheets for details. 37.5 kVA: Quantity 30 Unit Price: $1,293.00 50 kVA: Quantity 10 Unit Price: $1,398.00 75 kVA: Quantity 10 Unit Price: $1,751.00 Yearly Bid on Chlorine Allied Universal Corporation $ 126,750.00 Cylinders (150 lb. & 1 ton) Miami, FL & Sulfur Dioxide (1 ton) Chlorine 150 Lb. Cylinder: Quantity 900 (more or less) Unit Price: $63.00 Chlorine 1 Ton Cylinder: Quantity 100 (more or less) Unit Price: $528.00 Sulfur Dioxide 1 Ton Cylinder Quantity 25 9more or less) Unit Price: $690.00 Total Bid: $126,750.00 Other Purchases: Professional Legal Services Maynard, Cooper, & Gale, P.C. $ 1,833.30 through 10/31/2017-$1,833.30 Birmingham, AL Claim Number: 2003366 – Wrinn Professional Legal Services Maynard, Cooper, & Gale, P.C. $ 6,090.97 through 10/31/2017-$6,090.97 Birmingham, AL Claim Number: 2003344-Miller Professional Legal Services King & Spalding $ 292.50 Defense of EPA Enforcement Atlanta, GA Action: Project # 850310 Through 10/31/17 - $292.50 Erect 50' x 48' Pole Barn Over All Metal Acquisitions, LLC $ 17,500.00 Existing Fuel Tanks at the dba All Metal Roofing & Siding Public Works Complex Cowarts, AL Lowest Quote Cellular Data for Public Safety AT&T Mobility EOD $ 52,000.00 State of Alabama Contract T302 Carol Stream, IL Estimated usage for FY 2018 Commissioner Kirkland then moved for adoption of Resolution No. 2017-411, motion seconded by Commissioner Fleming and unanimously carried. Mayor Saliba introduced Resolution No. 2017-412 (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 $ 933.40 (AACOP) 2018 Winter Conference Montgomery, AL Justin Foster Pepperball Instructor / Armorer’s Course $ 435.00 Jeremy Kendrick Marianna, FL Lisa Reeder Government Finance Officers Association of $ 1,836.00 Romona Marcus Alabama (GFOAA) Annual Conference Huntsville, AL Larry Williams 2018 Fire Chiefs’ Executive Development $ 804.35 Conference Tuscaloosa, AL Minutes of the Board of Commissioners – December 5, 2017, continued. Shan Ash 2018 Fire Chiefs’ Executive Development $ 1,558.70 James Watson Conference & ISO PPC Course Tuscaloosa, AL Commissioner Kirkland then moved for adoption of Resolution No. 2017-412, motion seconded by Commissioner Dorsey and unanimously carried. 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/Mark Saliba, Mayor /s/Kevin Dorsey, Associate Commissioner /s/Janasky Fleming, Associate Commissioner /s/Albert Kirkland, Associate Commissioner /s/John Ferguson, Associate Commissioner /s/Beth Kenward, Associate Commissioner /s/David Crutchfield, Associate Commissioner BOARD OF CITY COMMISSIONERS