| 2007-02-20 City Council Meeting |  |  |  |
 PRATTVILLE CITY COUNCIL The Prattville City Council met in regular session on Tuesday, February 20th at 7:00 p.m. in the Council Chambers at City Hall with Council President Argo presiding. Roll was called and Councilman Macready was recorded as being absent. After the Pledge of Allegiance to the American Flag, Councilman Renegar gave the invocation. APPROVAL OF MINUTES: February 6th Work Session, Public Hearing and City Council Minutes. Councilman Renegar made the motion to approve the minutes and Councilman Fank seconded the motion. The minutes were approved (6-0). COMMENTS FROM PERSONS PRESENT: Mr. Charles Hildebrand, Executive Director of the Prattville Housing Authority, 101 Water Street, Prattville, AL 36067, appeared before the Council to ask if they had reviewed the letter from Mr. Bob Bent regarding the Pratt Court land swap. Council President Argo stated that the Council met in a work session at 5:30 p.m. this evening to discuss this issue. He further stated that it was determined that a Council Committee should be formed to work with Mr. Hildebrand and others. Council President Argo and Councilmen Wood and Fank will serve on that committee and will contact Mr. Hildebrand in the near future to set up a meeting. Councilman Renegar questioned Mr. Hildebrand as to “the drop dead date” to qualify for funding for this project and Mr. Hildebrand stated that we have missed the time period for this year but in order to qualify for next year we must have a land swap no later than March 13th because of appraisals. Councilman Miller thanked Mr. Hildebrand for coming before the Council. He further stressed that it wasn’t that he felt that this project was insignificant. He reiterated that it was just that he didn’t feel that he could make a decision based on the amount of time he had been given to research the information on the project. Mr. Hildebrand assured Councilman Miller that he thought he was going through the proper channels. MAYOR’S REPORT: Mayor Byard recognized the Autauga Academy Generals varsity boys basketball team on becoming the Class 1A Alabama Independent School Association State Champions. The Mayor encouraged everyone to attend the Arbor Day Celebration which is scheduled for Friday, February 23, 2007, at 10:00 a.m. on the creek bank behind City Hall. In reference to the evening’s agenda, the Mayor asked for council support on Ordinance number 4, which amends the Prattville City Code regarding discounts, interest, and penalties on business license taxes. COUNCIL REPORTS: None. AGENDA 1. RESOLUTION: TO AWARD BID NO. 07-003 TO GILMORE FORD FOR ONE 2007 FORD CROWN VICTORIA POLICE INTERCEPTOR. Councilman Miller made a motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, Councilman Gillespie thanked Chief Gann for going the extra step to keep our tax dollars in Prattville. He further stated that it is his opinion that the Fire Department has a greater need for specific equipment other than cars. Councilman Gillespie called for a division of the House and the proposal failed (3- 3) with the following results:
2. RESOLUTION: TO PROMOTE YOUTH SAFETY IN THE CITY OF PRATTVILLE. (RESOLUTION BOOK 2007, PAGE 026). Councilman Miller recognized Martha Ellis, Director of Peers Are Staying Straight (PASS) and some of her associates who were in attendance at the evening’s meeting and asked that they come forward as he introduced the Resolution and made a motion to adopt it. Councilman Renegar seconded the motion. The Resolution was adopted with the following vote:
Because Ordinances are generally held for two weeks, it is necessary for the council rules to be suspended on agenda item numbers 3 and 4 if immediate action is to be taken. 3. ORDINANCE: TO AMEND ORDINANCE BOOK 2007, PAGE 002 VIN FOR 1990 DODGE TRUCK. (ORDINANCE BOOK 2007, PAGE 003). Councilman Gillespie made a motion to adopt the Ordinance and Councilman Renegar seconded the motion. Councilman Renegar made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results:
4. ORDINANCE: TO AMEND SECTION 6 OF ORDINANCE BOOK 14, PAGE 609 REGARDING DISCOUNTS, INTEREST, AND PENALTIES ON BUSINESS LICENSE TAXES. (ORDINANCE BOOK 2007, PAGE 004). Councilman Renegar made a motion to adopt the Ordinance and Councilman Fank seconded the motion. All were in favor of suspending the rules (6-0). Finance Director Rod Morgan gave clarification as to the purpose for the amendment to this Ordinance. The vote was called and the Ordinance was adopted with the following results:
5. RESOLUTION: TO SET A PUBLIC HEARING TO DECLARE 122 E. POPLAR STREET A WEEDED LOT TO BE A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT PER TITLE 11, CHAPTER 67 OF THE CODE OF ALABAMA, 1975, AS AMENDED. (RESOLUTION BOOK 2007, PAGE 027). Councilman Fank made a motion to adopt the Resolution and Councilman Miller seconded the motion. There being no discussion, the Resolution was adopted with the following results:
Ordinance Book 2000, Page 012, To Set Council Procedures, specifies in Section 22, that all ordinances, resolutions or propositions submitted to the council which require the expenditure of money shall lie over until the next meeting; provided further, that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of officers, or wages of employees. Therefore, it is necessary to suspend the rules on agenda item number 6. 6. RESOLUTION: TO RELEASE FUNDS FOR THE ALLENVILLE GRANT. (RESOLUTION BOOK 2007, PAGE 028). Councilman Wood made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. Councilman Renegar made a motion to suspend the rules and Councilman Gillespie seconded the motion. The rules were suspended (6-0). There being no discussion, the Resolution was adopted with the following vote:
7. RESOLUTION: TO AUTHORIZE THE CITY ATTORNEY TO FILE SUIT AGAINST J. MYRON SMITH, AS OWNER OF OAKDALE MOBILE HOME PARK, PRATTVILLE, ALABAMA, TO STOP EMISSIONS OF RAW SEWAGE. Councilman Gillespie made a motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, Councilman Gillespie asked Attorney Smith to come before the Council to answer questions regarding this issue. Councilman Gillespie questioned Mr. Smith as to when this issue was brought to his attention and Mr. Smith stated that he received a certified letter in today’s mail that indicates that the postal carrier had previously attempted to deliver the letter to a P.O. Box and then later to the physical address on a Saturday, which is a day that the office is not open for business. Mr. Smith stated that he had no knowledge of the raw sewage issue prior to receiving the letter. Councilman Gillespie questioned City Attorney David McDowell about the amount of money that it would cost the City to file suit against Mr. Smith and Mr. McDowell stated that it would depend on what is involved. Councilman Gillespie asked Mr. Smith if he has plans to rectify this problem. Mr. Smith stated that it appears that this is a 30 minute job that can be repaired by Monday, February 26th. Councilman Gillespie asked City Planner Joel Duke if there was a history with issues such as this in this trailer park. Mr. Duke stated that there is a history with this trailer park. He further stated that the City is only interested in repairing the situation. Councilman Gillespie questioned “if the Resolution is passed and the sewage problem is corrected, is the problem solved?” City Attorney McDowell stated that was correct. Councilman Renegar asked for clarification that some of the sewage pipes are on top of the ground. Mr. Smith stated that some are. Councilman Wood asked Mr. McDowell if the Resolution is passed this evening if the repairs could be made within two weeks. Mr. Smith stated that they could. Councilman Wood called for the question and Councilman Gillespie seconded the motion. The motion was approved (5-1) with Council President Argo opposed to the call for the question. The vote to adopt the Resolution was called and it failed (3-1-2) with the following results:
Council President Argo stated that rather than have the Resolution fail, he would ask that someone who voted on the prevailing side make a motion to reconsider the Resolution and hold it for two weeks to determine a better course of action. He reminded members of the Council of the numerous Ordinances regarding dilapidated structures that had come before them in the past that had not resulted in lawsuits and asked that they reconsider this issue. Councilman Renegar made a motion to reconsider the Resolution and Councilman Gillespie seconded the motion. The Resolution was reconsidered (6- 0). Councilman Renegar made a motion to hold the Resolution until the March 6, 2007 council meeting and Councilman Miller seconded the motion. All were in favor of holding the Resolution until March 6th (6-0). CLOSING COMMENTS: Mayor Byard made reference to item numbers one and seven on the agenda as he stated his frustration with the Council for not showing their support of the ability of the department heads to make proper decisions for what they feel is in the best interest of the City. Councilman Renegar stated that he was insulted by the Mayor’s insinuation and that every decision he makes is based on input from department heads as well as those people who will be affected by his decisions. Council President Argo stated that the Council shares an equal amount of frustration. He further stated that it is the responsibility of the Mayor to bring issues to the Council, but it is the members of the Council who have the ultimate authority to determine what is in the best interest of the citizens of Prattville and to determine how money should be spent. He also echoed Councilman Renegar’s comments regarding making decisions based on who will be affected. Council President Argo concluded by stating that he always votes his conscience. ADJOURN: There being no further business to come before the Council, Councilman Renegar made a motion to adjourn and the motion was seconded. The meeting closed at 8:10 p.m. APPROVED:
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