CITY COUNCIL MINUTES
TUESDAY, May 4, 2004
7:00 P.M.

The Prattville City Council met in regular session on Tuesday, May 4, 2004 at 7:00 p.m. in the Council Chambers at City Hall. Roll was called and all were recorded as being present. After the Pledge of Allegiance to the American Flag, Councilman Argo gave the invocation.

Councilman Wood left the Council Chambers at 7:05 p.m. and returned at 7:10 p.m.

APPROVAL OF MINUTES: April 20, 2004 City Council Minutes.

Councilman Macready made the motion to approve the minutes and Councilman Miller seconded the motion. The minutes were approved (6-0-1). Councilman Wood was out of the Council Chambers when the vote was taken.

COMMENTS FROM PERSONS PRESENT:

Kyle Shirley, 1019 Windrush Lane, Prattville, Al 36067, appeared before the Council to express his appreciation to Mayor Byard and to Council President Argo for the support they showed by attending the Youth Legislature while in session. Mr. Shirley served as Lt. Governor of the Youth Legislature.

Councilman Renegar stated that it was unfortunate that work schedules prohibited most councilmembers from attending the session. Councilman Argo stated that it had been a pleasure to see the Youth Legislature in action and that Mr. Shirley was a terrific leader.

MAYOR’S REPORT:

Mayor Byard reported that the Water Festival had been a success with 750 4th grade students in attendance. He also thanked city employees who worked the event.

Regarding the agenda, the Mayor urged council support on Resolution number 6, which allows the opportunity to place the City in a better financial position.

He also encouraged councilmembers to approve Resolution numbers 7,8, and 9, all of which award bids for various emergency fire equipment. The equipment will initially be purchased with city funds and the City will be reimbursed with funds from the State Homeland Security Grant Program.

Councilman Wood left the Council Chambers at 7:15 and returned at 7:17 p.m.

COUNCIL REPORTS:

Councilman Renegar stated that the Leisure Services Committee met at Spring Hill Park to discuss the status of the property to be surplused to the Boys and Girls Club.

Councilman Macready reported that he met with the Fire Chief where they had a lengthy discussion concerning Resolution numbers 7,8, and 9. He further stated that the purchase of the equipment would not only be an asset to the department and surrounding areas, but that it was necessary to obtain it.

AGENDA ITEMS

1. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED AT AND ADJACENT TO 1173 UPPER KINGSTON ROAD FROM R-2 TO R-5. (ORDINANCE BOOK 2004, PAGE 003).

A public hearing was held concerning the proposed Ordinance at 6:00 p.m. this evening. No one appeared in opposition to the proposed rezoning. During discussion, Councilman Hall stated that the Planning Commission had given considerable thought to this request prior to its passage and therefore recommended approval from the Council. There being no further discussion, the Ordinance was adopted with the following results:

2. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF AMERICA. (RESOLUTION BOOK 2004, PAGE 016).

The Ordinance was held from the April 20, 2004 council meeting. During discussion, Councilman Wood recommended that the Council adopt the Ordinance and amend it to include the legal description of the property at a later date. Councilman Carter stated that he felt it would be in the City’s best interest to hold the Ordinance until the legal description could be produced. Councilman Miller expressed his appreciation to Councilman Renegar for holding the Leisure Services Committee meeting at the site of the future Boys and Girls Club facility.

Councilman Renegar stated that while he concurs with Councilman Carter’s concerns regarding the unavailability of the legal description, this Ordinance merely approves the Mayor to enter into the lease agreement. He further assured the Council that the Mayor would not sign an agreement until the legal
description was reviewed. City Attorney David McDowell clarified that this particular Ordinance could legally be handled in this respect. Councilman Hall suggested that the Ordinance be held until May 18, 2004. Councilman Wood stated that the purpose for the discussion of approving the Ordinance immediately was to eliminate the possibility of slowing down progress in the preparation of construction on the property. He further stated that the 14-day delay would most likely not place a hardship on anyone who is currently working on the property. Councilman Carter made a motion to hold the Ordinance for 2 weeks and Councilman Hall seconded the motion. The vote to hold the Ordinance was called and it was held (5-2) with Councilmen Argo and Renegar opposed.

3. RESOLUTION: TO SET A PUBLIC HEARING TO REZONE PROPERTY LOCATED OFF OF GREYSTONE WAY AND WEST OF PEBBLE CREEK DRIVE FROM R-4 TO R-5. (RESOLUTION BOOK 2004, PAGE 024).

Councilman Miller made a motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no discussion, the Resolution was adopted with the following results:

Councilman Miller introduced the proposed Ordinance and made a motion to adopt it. Councilman Macready seconded the motion. By point of order the Ordinance was held for 2 weeks.

4. ORDINANCE: TO DECLARE CITY OF PRATTVILLE EQUIPMENT SURPLUS. (ORDINANCE BOOK 2004, PAGE 004).

Councilman Wood made a motion to adopt the Ordinance and Councilman Hall seconded the motion. Because Ordinances are ordinarily held for two weeks, it is necessary to suspend council rules if immediate action is to be taken. Councilman Hall made the motion to suspend the rules and Councilman Miller seconded the motion. The rules were suspended (7-0). There being no discussion, the vote was called and the Ordinance was adopted with the following results:

5. RESOLUTION: TO SUBMIT MUNICIPAL WASTE POLLUTION PREVENTION PROGRAM REPORT TO THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. (RESOLUTION BOOK 2004, PAGE 025).

Councilman Carter made the motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no discussion, the Resolution was adopted with the following vote:

6. RESOLUTION: TO AUTHORIZE FINANCING OF EQUIPMENT PURCHASES THROUGH REGIONS BANK. (RESOLUTION BOOK 2004, PAGE 026.)

Councilman Renegar made the motion to adopt the Resolution and Councilman Macready seconded the motion. During discussion, Councilman Renegar stated that after meeting with Finance Director Mac Champion, he has been assured that this authorization in no way causes the City to incur additional debt. He also stated that other lending institutions made similar proposals to the City and it was determined that Regions Bank’s offer was most suitable for the City. There being no further discussion, the Resolution was adopted with the following results:

7. RESOLUTION: TO AWARD BID NO. 04-001 TO SUNBELT FIRE FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT. (RESOLUTION BOOK 2004, 027).

Councilman Macready made the motion to adopt the Resolution and Councilman Hall seconded the motion. Because these items were not budgeted, it is necessary for the council rules to be suspended if immediate action is to be taken. Councilman Hall made the motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0). During discussion, Councilman Renegar questioned if the equipment would come with a maintenance contract. Mayor Byard responded by stating that the equipment would be maintained by the City’s Vehicle Maintenance Department and by the
Fire Department. He continued by stating that the Fire Department is meticulous in the maintenance of all its equipment. Councilman Hall questioned Fire Chief Stanley Gann about the Mine Safety Appliance breathing apparatus. Chief Gann stated that Mine Safety Appliance is the brand for the breathing apparatus that filters smoke filled air and allows a fireman to breathe pure air. There being no further discussion, the Resolution was adopted with the following vote:

8. RESOLUTION: TO AWARD BID NO. 04-002 FOR THE PURCHASE OF VARIOUS EQUIPMENT FOR THE FIRE DEPARTMENT. (RESOLUTION BOOK 2004, PAGE 028).

Councilman Miller made a motion to adopt the Resolution and Councilman Macready seconded the motion. Because these items were not budgeted, it is necessary for the council rules to be suspended if immediate action is to be taken. Councilman Macready made the motion to suspend the rules and Councilman Miller seconded the motion. The rules were suspended (7-0).

During discussion, Councilman Carter questioned Chief Gann as to whether this equipment was needed for daily operations of the Fire Department to run efficiently. Chief Gann responded by stating that it was the State Emergency Management Agency whose theory was to equip 6 or 7 areas within the state with specialized rescue equipment. He also stated that all tools listed come with a workmanship warranty and this equipment would be necessary in the event a federal disaster was declared. Chief Gann stated that in the worst case scenario, the Fire Department would go to an amended shift schedule and steps would be taken to abide by the mutual aid agreement, which was adopted by the City Council on February 3, 2004. He further stated that any additional costs incurred by the City would be reimbursed by the federal government.

Mayor Byard reminded those in attendance that to be chosen as the recipient of the grant funds was an honor. There being no further discussion, the vote was called and the Resolution was adopted with the following results:

9. RESOLUTION: TO AWARD BID NO. 04-003 TO MONTGOMERY LAWN AND LEISURE FOR THE PURCHASE OF ONE (1) JOHN DEERE GATOR FOR THE FIRE DEPARTMENT. (RESOLUTION BOOK 2004, PAGE 029).

Councilman Macready made a motion to adopt the Resolution and Councilman Renegar seconded the motion. Because these items were not budgeted, it is necessary for the council rules to be suspended if immediate action is to be taken. Councilman Renegar made the motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0).

During discussion, Councilman Carter expressed his concerns for the additional expense to the City due to the maintenance, insurance premiums, up-keep, hauling and storage of the equipment. Councilman Macready stated that the Fire Department already has a trailer that could be used to haul the equipment on, in its inventory. Councilman Renegar stated that he shares Councilman Carter’s concerns regarding the maintenance of the equipment but also stated that he is convinced that the equipment would be necessary in an event such as a gas leak at the paper mill, where people who were overcome by toxic fumes could be easily transported to a safe area. Councilman Carter expressed his admiration to Chief Gann for wanting to better his department but also stated that it was the Council’s job to make sure that expenditures were not exceeded.

Councilman Macready called for the question and Councilman Hall seconded the call. The question was called (6-1) with Councilman Carter opposed. The vote to adopt the Resolution was called and the results were as follows:

10. ORDINANCE: TO AMEND ORDINANCE BOOK 2003, PAGE 031 TO CHANGE LEGAL DESCRIPTION FOR DISTRICT 1 AND DISTRICT 7. (ORDINANCE BOOK 2004, PAGE 005).

Councilman Hall made a motion to adopt the Ordinance and Councilman Macready seconded the motion. Because Ordinances are ordinarily held for 2 weeks, it is necessary to suspend the council rules if immediate action is to be taken. Councilman Hall made the motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0). The vote to adopt the Ordinance was called and it was adopted with the following results:

CLOSING COMMENTS:

None.

ADJOURN:

There being no further business to come before the Council, Councilman Macready made the motion to adjourn and the motion was seconded. The meeting closed at 8:01 p.m.

APPROVED:

______________________
Gina P. Smith
City Clerk

______________________
Dean R. Argo, President
Prattville City Council