City Commission Agendas and Minutes

BOARD OF COMMISSIONERS CITY OF DOTHAN, ALABAMA REGULAR MEETING APRIL 3, 2018 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, April 3, 2018 with the following members present: Mayor Mark Saliba, Associate Commissioners Janasky Fleming, Albert Kirkland, John Ferguson, Beth Kenward, and David Crutchfield. Commissioner Kevin Dorsey was absent. 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. Reverend Lynn Nesbitt, First United Methodist Church, then led in prayer, afterwhich Commissioner Ferguson led in the Pledge of Allegiance to the Flag. Commissioner Kirkland moved that the Minutes of the Meeting of March 20, 2018, be approved, motion seconded by Commissioner Kenward and unanimously approved. Mayor Saliba invited Azalea-Dogwood Festival Board President Beth Hemby to speak. Ms. Hemby announced Kayla Champion as the 2018 Azalea-Dogwood Queen, she displayed a painting by Melinda Kellenberger, which was commissioned by the Board and is currently being auctioned off as a fundraiser, and she talked about all of the events planned for Festival Week and Trail Day. Mayor Saliba presented and read a proclamation, proclaiming April 19-22, 2018 as “Fashion Week” in the City of Dothan. Vanessa Riley Harris, Executive Director, Single Parents in Need Nationally, Inc. (SPINN), was present for the proclamation. Mayor Saliba presented and read a proclamation, proclaiming April, 2018 as “Community College Month” in the City of Dothan. Dr. Linda Young, President, Wallace Community College (WCC), was present for the proclamation. Mayor Saliba presented and read a proclamation, proclaiming April, 2018 as “Child Abuse Prevention Month” in the City of Dothan. Southeast Alabama Child Advocacy Center Executive Director Sherryl Walker and staff were present for the proclamation. Commissioner Fleming thanked everyone who helped out with the job fair at Henry Green Apartments on March 28th, and he recognized SPINN for giving out pillows and other items which were donated to the organization by the Atlanta Marriott Buckhead Hotel. He said a big thank you to DeDe Peterson and the Dothan Housing Authority for the job fair. He said attendance doubled and people had job interviews the same day and the next day. He expressed appreciation to Personnel Director Delvick McKay and EEO Officer Darryl Mathews for their hard work, and he thanked Fire Chief Larry Williams and Police Chief Steve Parrish for their department’s participation. He said this was a huge event and it was outstanding for, not only the citizens of District 2, but Dothan as well. He said SPINN will also be giving out the donated items on Friday, April 6th at Foster Fest. Commissioner Fleming thanked Dr. Linda Young for the hard work she does at WCC and he expressed appreciation to her staff. He said his son did dual enrollment at WCC and it gave him a lot of confidence going into his freshmen year at Troy University. He also recognized Jennifer Matheny, who previously worked at Northview High School and is now the Dual Enrollment Coordinator at WCC, for the work she does with the kids. Commissioner Ferguson thanked Beth Hemby for the great job and hard work she has done to rekindle the Azalea-Dogwood Trail and Pageant. He said this is one of those things we may not truly appreciate unless we did not have it anymore, and he hopes it is supported in order to preserve one of our longstanding traditions. Minutes of the Board of Commissioners – April 3, 2018, continued. Commissioner Crutchfield thanked Beth Hemby for taking on this project of revitalizing the Azalea-Dogwood event and for working with the Leisure Services Department in her efforts. He also thanked her board members for their service. He encouraged everyone to come out and ride the trail on Sunday, April 8 th following the 2:00 p.m. ribbon cutting ceremony. City Manager West, along with Leisure Services Director Elston Jones, presented a service award to Debbie Reed for twenty-five years of service with the City. City Manager West invited Safety Officer Trampas Gougler to talk about the Gold Risk Management Gold Award the City recently received from the Loss Control Division of the Alabama Municipal Insurance Corporation and the Municipal Workers Compensation Fund. Mr. Gougler discussed the award criteria, the City’s efforts to reduce and mitigate exposure and claims, and the benefits to the City which include lower insurance premiums. He recognized the management and employees for their hard work. City Manager West invited Rotary Miracle Field Foundation Chairman Bruce McNeal to speak. Mr. McNeal talked about the Miracle Field, the Miracle Playground, the Miracle Field Foundation Board, and the Dothan Rotary Club consisting of 300+ Rotarians who are huge contributors and supporters. He recognized the Miracle League individuals who were present in the audience. Dothan Utilities Director Billy Mayes expressed appreciation for their efforts, and he spoke about the first time his son Lane played at Miracle Field. Mr. McNeal said the Dothan Rotary Club and the Rotary Miracle Field Foundation have reenergized their commitment to this program, and he presented a check in the amount of $17,000.00 to the City on behalf of the Rotary Miracle Field Foundation, the 300+ members of the Dothan Rotary Club, and all supporters of this program. He said this is a small down payment of their final commitment which will be stated later. City Manager West made the following announcements and comments:  Opening Ceremonies for Girls’ Softball is Saturday, April 7th at 10:00 a.m. at James Oates Park. This will be a fun time!  The Hardee’s Pro Classic Women’s Tennis Tournament will be held Sunday, April 15th through Sunday, April 22nd at the Westgate Tennis Complex. Come out to see some great tennis.  Dothan 101 starts tonight at 6:00 p.m. in the Board Room and will continue for the next nine weeks. He encouraged members of the Commission to stop by at some point to mingle with the twenty-six participants.  Water restrictions began April 1st and will continue through October 1st. Residents with odd number addresses can water on Tuesdays, Thursdays, and Saturdays. Residents with even number addresses can water on Wednesdays, Fridays, and Sundays. Monday is a day of rest for the water system. Mayor Saliba introduced the application of Miranda Dunn for a Retail Table Wine License (on or off premise) for Guilt, located at 3108 Ross Clark Circle, Suite 3. 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 Kenward. Commissioner Crutchfield said this business is in a shopping center that he has received multiple complaints about trash, from the dumpsters behind the center, blowing down to the residential area past Circle West and through the drain into the neighborhood off Kent Drive. He asked that this business owner be diligent about keeping their dumpster lids closed and trash contained inside the dumpster. City Manager West clarified for Commissioner Ferguson this business is a clothing boutique that will serve wine. There being no further discussion and upon the motion being put to vote, the motion was unanimously carried. Minutes of the Board of Commissioners – April 3, 2018, continued. Mayor Saliba introduced the application of Melody Bland for a Restaurant Retail Liquor License (on premise) for Bossman’s Seafood, located at 4636 South Oates 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 introduced Resolution No. 2018-76 (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 2018-22 and 2018-44 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 Kenward and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-77 (recorded in Ordinance Book No._______at Page_______), revoking the privilege license of Mr. Chris Wallace for violating provisions of City Code Chapters 14 & 18. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. Mayor Saliba asked if there was anyone present to speak on this matter. Attorney Terry Bullard said he is representing Chris Wallace. Mr. Bullard said he has not read the petition but he has been told this is because Mr. Wallace has been convicted of not having a business license and constructing two homes. Mr. Bullard said that case is on appeal, and once a case is on appeal, there is no conviction. He said Mr. Wallace has applied for a license and he is a fine builder. Mr. Bullard said he believes Mr. Wallace has admitted to being guilty of conducting business out of his home in Dale County but what he was really doing was storing concrete block. Mr. Bullard said they filed a notice of appeal but decided not to pursue that; however with these two cases, they are going forward with the appeal because Mr. Wallace did not intentionally do anything wrong. Mr. Bullard asked the Commission to allow Mr. Wallace to have his license so that he can go on with his business to support himself, his family, and all the people he has working for him. City Attorney Len White said Mr. Bullard’s contention that this quasi-judicial panel, which this Commission assumes in these sorts of hearings, is without jurisdiction because the cases are on appeal is without merit. He said the reason being is that, while the enforcement of the sentencing itself in those cases is stayed until a final determination, we are not operating under that. We are operating under the City Code that does not require a conviction, it states a violation, and the evidence that has been presented to the Commission is such as to indicate that there has been a violation. It does not refer to exhaustion of any appeals, it does not refer to there being convictions necessary prior to the institution of this proceeding, and therefore, we are properly proceeding to make that determination based on the evidence presented. Mr. White said the Commission is able to proceed and they may ask questions or seek more evidence from the City if they choose. Commissioner Kenward asked for confirmation that, in addition to the violation of not having a City business license, there were also some complaints of dumping construction debris from some of the neighbors. Revenue Officer Garry Shirah said in late 2013 and early 2014 the City received numerous complaints about a business being operated from 105 Jackson Circle and also complaints about construction debris being buried there. We went out and confirmed this to be the case so we contacted the Alabama Department of Environmental Management (ADEM). ADEM sent an investigator down and they requested that Mr. Wallace and Trademark, LLC remove the debris. It is our understanding that the debris was removed but that was one of the problems that initially brought Mr. Wallace into our view. Mr. Shirah said the City filed a case for doing business without a license because the license is location specific. The location Mr. Wallace listed on his application was a Helms Street address in Newton, but based on all the evidence we were able to gather and witness observations of the business operating at 105 Jackson Circle, we filed a complaint against Mr. Wallace for doing business without a license at that location and we won that case. He said the City has since filed two additional cases for doing business without an appropriate license. He explained that in the city of Dothan if you are doing the work of a home builder, which is $10,000 or more gross contract Minutes of the Board of Commissioners – April 3, 2018, continued. amount, you must obtain a home builders license and a prerequisite to that is a license required by the State of Alabama Home Builders Licensure Board. Mr. Wallace does not have a home builders license from the State Licensure Board, and therefore, we could not issue a home builders license to him. We have issued a subcontractors license to Mr. Wallace, which has allowed him to continue to work under the ceiling of $10,000 per job residential and $50,000 per job commercial. Mr. Shirah said we have found that he has exceeded the $10,000 limit in the two cases in which we have filed complaints; therefore, he is in violation of our ordinance. Mayor Saliba asked, should the privilege license of Mr. Wallace be revoked, will he have an opportunity to obtain his license again at some point if he gets a state home builders license. Mr. White advised that the term for the revocation is indefinite; however, the Commission would have discretion upon rehearing this matter to determine whether or not Mr. Wallace is cooperating and whether or not he is still fighting us in court. Commissioner Kenward confirmed with Mr. Shirah that the State Licensure Board protects those citizens who hire contractors by ensuring they are properly licensed, and since Mr. Wallace did not have the state home builders license but could perform as a subcontractor, the City issued him a subcontractor license allowing him to perform work as long as the dollar amount stays below $10,000 and we have two pending cases where that limit has been exceeded. There being no further discussion, the resolution was unanimously adopted. Mayor Saliba introduced Resolution No. 2018-78 (recorded in Ordinance Book No._______at Page_______), approving tax incentive abatements for Dothan Warehouse Investors, LLC, for a freezer warehouse project. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-79 (recorded in Ordinance Book No._______at Page_______), approving the modifications to the Title VI Program originally adopted on August 18, 2015 by Resolution No. 2015-225, required by the Alabama Department of Transportation, for subrecipients receiving federal funding for transit services. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. City Manager West said this is transportation at Rose Hill Senior Center. There being no further discussion, the resolution was unanimously adopted. Mayor Saliba introduced Resolution No. 2018-80 (recorded in Ordinance Book No._______at Page_______), entering into a cooperative maintenance agreement with ALDOT for maintenance of the Highway 84/ACOM Shared-Use Trail, Project No. TAPAA-TA17(932). Commissioner Fleming moved for adoption, motion seconded by Commissioner Kenward. City Manager West said this is an agreement that the City will maintain the trail from ACOM to the hospital. He said this is a standard agreement and is required in order for ALDOT to allow the City to build the trail. City Manager West confirmed for Commissioner Fleming that the funding will come from the budget. There being no further discussion, the resolution was unanimously adopted. Mayor Saliba introduced Resolution No. 2018-81 (recorded in Ordinance Book No._______at Page_______), approving the ADEM Notification for Aboveground Storage Tank documents for the newly installed aboveground petroleum storage tanks located at Water Production Wells #25 and #27. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Kenward. City Manager West said this is part of our ongoing program to provide backup generator power to keep water flowing during outages. There being no further discussion, the resolution was unanimously adopted. Mayor Saliba introduced Resolution No. 2018-82 (recorded in Ordinance Book No._______at Page_______), entering into a contract with Polyenvironmental Corporation to provide laboratory services for a sum of $157,460.73, based upon the unit price per test provided in the Bid Form, plus a monthly process fee of Minutes of the Board of Commissioners – April 3, 2018, continued. $350.00 per month. Commissioner Kirkland moved for adoption, motion seconded by Commissioner Ferguson and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-83 (recorded in Ordinance Book No._______at Page_______), awarding the bid, entering into a contract, and issuing a Notice to Proceed to Blankenship Contracting, Inc. for the Cherokee Avenue and Cornell Avenue Sewer Improvements in the amount of $557,117.00, and appropriating funds for said improvements. Commissioner Kenward moved for adoption, motion seconded by Commissioner Crutchfield and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-84 (recorded in Ordinance Book No._______at Page_______), entering into an agreement with Med-Sharp Disposal for biohazard waste disposal service, at an annual estimated cost of $349.75, for a three year period. Commissioner Fleming moved for adoption, motion seconded by Commissioner Kirkland and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-85 (recorded in Ordinance Book No._______at Page_______), entering into a lease agreement with Camp ASCCA (Alabama’s Special Camp for Children and Adults) for lodging, programming and nursing services for special needs campers during period of May 22-25, 2018. Commissioner Kenward moved for adoption, motion seconded by Commissioner Fleming and unanimously adopted. Mayor Saliba introduced Resolution No. 2018-86 (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 Waste Water Treatment Polymer Solenis, LLC See Price in Liquid Polymer-Little Wilmington, DE Description Choctawhatchee Products 1 - 6: Quantities: 60,000 lbs. (more or less) Unit Price: per Lb. of Active Polymer $2.96 Estimated Total; $177,600.00 Traffic Marking Materials Ozark Materials See Price in White Lead-free Alkyd Spray Greenville, AL Description Extrude Thermoplastic Traffic Marking Materials: Quantity: 6,000 lbs. (more or less) Unit Price: $.58 Estimated Total Cost: $3,480.00 White Waterborne High Build Traffic Paint, 275 Gallon Capacity Totes with a Max Fill of 250 Gallons: Quantity: 500 Gallons Unit Price: $8.49 Estimated Total Cost: $4,245.00 Yellow Waterborne High Build Traffic Paint, 275 Gallon Capacity Totes with a Max Fill of 250 Gallons: Quantity: 2,000 Gallons Unit Price: $8.49 Estimated Total Cost: $16,980.00 Heavy Duty Tracked Amphibious Coast Machinery $ 137,712.00 Vehicle, per City Bid Specifications: Baton Rouge, LA Quantity: 1 (or more) Unit Price: $137,712.00 24 Foot Dump Body, per City of Truck Equipment Sales $ 22,947.00 Dothan Bid Specifications: Cantonment, FL Quantity: 1 (or more) Unit Price: $22,947.00 Pneumatic Tire Retread and Repair, McKenzie, LLC See Price in per City of Dothan Bid Specifications: dba A-One Tire Description Tire Size 11R22.5, 24/32" Rib Dothan, AL Quantity 30 (more or less) Unit Price: $134.00 Estimated Total Cost: $46,900.00 Minutes of the Board of Commissioners – April 3, 2018, continued. 6X4 Tractor Truck & 6 x 4 Coffman International $ 208,694.00 Conventional Cab & Chassis, Dothan, AL per City of Dothan Bid Specifications: Quantity: 1 (or more) 6X4 Tractor Truck: Unit Price: $113,487.00 6 x 4 Conventional Cab & Chassis: Unit Price: $95,207.00 New Vertical Turbine Motor for Technology International $ 22,550.00 Water Production, per Bid Dothan, AL Specifications: Quantity: 1 ( more or less) Unit Price: $22,550.00 Other Purchases: Stalker DSR 2X Radar System Applied Concepts $ 27,669.00 with all Accessories, Connectors, Plano, TX Cable, Freight, Handling & 3 Year Warranty: Quantity10 (or more) Unit Price: $2,766.90 Sole Source Provider Commissioner Kirkland then moved for adoption of Resolution No. 2018-86, motion seconded by Commissioner Crutchfield and unanimously carried. Mayor Saliba introduced Resolution No. 2018-87 (recorded in Ordinance Book No._______at Page_______), approving the following advance travel requests for City employees: NAME CONFERENCE AMOUNT Susan Smith Workers’ Compensation Educational $ 1,952.00 Jana Kirkland Conference 2018 Orlando, FL Brandon Peters Taser Instructor Certification $ 870.00 Tyler Sima Marianna, FL Scott Heath Manual Techniques $ 1,732.24 Joseph Evans Mobile, AL Tyler Elliott Hazardous Materials Technician Course $ 0.00 Anniston, AL Todd McDonald T4America’s Cultural Corridor Consortium $ 340.00 Bob Wilkerson Nashville, TN Jinri Jiang Auburn Long Course Meet $ 320.00 Auburn, AL Jinri Jiang GPAC Invitational $ 320.00 Pensacola, FL Jinri Jiang Southeastern Long Course Championships $ 500.00 Knoxville, TN Jinri Jiang US Futures Championships $ 500.00 Cary, NC Charlotte Barron GISA Conference 2018 $ 682.00 Orange Beach, AL Jason Penn FBI Firearms Instructor Re-Cert $ 500.18 Sammie Hancock Baldwin County, AL Philena Reaves Alabama Municipal Revenue Officers $ 833.00 Association 2018 Summer Conference Birmingham, AL Minutes of the Board of Commissioners – April 3, 2018, continued. Commissioner Kirkland then moved for adoption of Resolution No. 2018-87, motion seconded by Commissioner Kenward and unanimously carried. Commissioner Crutchfield moved to approve a damage claim by Anna Lopez Valera in the amount of $18,000.00, motion seconded by Commissioner Ferguson 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/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