PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, APRIL 7, 2009
6:00 P.M.

The Prattville City Council met in regular session on Tuesday, April 7th at 6:02 p.m. immediately following the public hearing in the Council Chambers at City Hall. The meeting was called to order by Council President Argo. Roll was called and all were recorded as being present. After the Pledge of Allegiance to the American Flag, Council President Argo gave the invocation.

THE CHARACTER TRAIT OF THE MONTH IS VIRTUE: The moral excellence evident in my life as I consistently do what is right.

APPROVAL OF MINUTES: March 19th City Council Minutes.

Councilman Renegar made a motion to approve the minutes and Councilman Miller seconded the motion. The minutes were approved (7-0).

COMMENTS FROM PERSONS PRESENT:

Mrs. Parker, a resident of the College Heights subdivision appeared before the Council to request assistance with the clean-up of dilapidated homes in the area.

Councilman Wood thanked Ms. Parker for coming to City Hall to express her concerns. He informed her that he has work orders in place to address the issues. He further requested that Mayor Byard instruct the City Planner and Code Enforcement Officer expedite the process.

Kim Kornegay, DMD, 237 Deerwood Drive, Prattville, AL 36067, came before the Council to thank Councilmen Miller and Fank for their attention to his recent calls regarding his complaints for construction crews who are using Kornegay Road as a construction entrance and exit while constructing homes. He requested that contact be made with the developer, for them to make a conscious effort to keep the roadway clean, and to restore the paved roadway to its original condition upon completion of their job.

James Castle, 222 Gardenia Court, Prattville, AL 36067, appeared before the Council to inquire about the City’s efforts regarding vicious dogs. He reminded the Council that he was bitten by his neighbor’s dog one year ago. He further stated that while the City has an Ordinance against noise and dogs running at large, it does not address vicious dogs. He urged the Council to address this issue in the near future.

Mary Slayton, 805 Bunch Street, Prattville, AL 36067, appeared before the Council on behalf of her mother regarding the dilapidated structures in the College Heights subdivision. She urged council support in cleaning up the neighborhood.

Mike Ray, 640 Mimosa Road, Prattville, AL 36067, appeared before the Council to offer his condolences to Councilman Gillespie on the death of his father-in-law Mr. Bobbie Cannady. Mr. Ray thanked Mayor Byard and city staff for having the correct street signage placed at Poplar and East Poplar Streets. He also thanked Councilmen Gillespie and Boles for making arrangements for him to visit the Transfer Station on County Road 4. He credited Councilman Boles for opening the door for Prattville to participate in the Plasma Garbage Incinerator. Mr. Ray further expressed his opposition to Resolution number 8 on the evening’s agenda.

Jon Lee Finnegan, 211 Deer Trace, Prattville, AL 36067, appeared before the Council to ask them to amend the current City Ordinance regarding the parking of recreational vehicles, boats and trailers in front of homes. She stated that she would like the Ordinance to prohibit all vehicles from parking on front lawns. She provided the Council with a copy of Montgomery’s Ordinance that covers these issues.

Councilman Fank thanked Ms. Finnegan for coming before the Council and informed her that Stephanie Southerland in the Clerk’s Office had provided him with a copy of Montgomery’s adopted Ordinance earlier today.

Dennis Mullins, 111, Danya Drive, Prattville, Al 36067, appeared before the Council to state his disappointment in not being afforded an opportunity to speak at the March 19th council meeting.

MAYOR’S REPORT:

Mayor Byard expressed his sympathy to the Gillespie and Cannady families. Regarding the agenda, the Mayor stated that the Finance Committee met on agenda item number 1 and it is in favor of its passage. The Mayor further urged the Council to approve item numbers 3 and 7. Mayor Byard also asked for council support on item number 8. He stated that the transfer station is unsafe by its nature, it’s unusable, and it’s a liability.

COUNCIL REPORTS:

Council President Argo stated that the Finance Committee met last week and that he provided a written report to each member of the Council.

COUNCIL AGENDA

1. RESOLUTION: TO AMEND THE TERM OF LENORE KIRKPATRICK ON THE HISTORIC PRESERVATION COMMISSION. (RESOLUTION BOOK 2009, PAGE 026).

2. RESOLUTION: TO RE-APPOINT RICHARD WILLIAMS TO THE INDUSTRIAL DEVELOPMENT BOARD. (RESOLUTION BOOK 2009, PAGE 027).

3. RESOLUTION: TO RE-APPOINT KENNETH BURTON TO THE COMMERCIAL DEVELOPMENT AUTHORITY. (RESOLUTION BOOK 2009, PAGE 028).

4. RESOLUTION: TO RE-APPOINT JAMES STRIPLIN TO THE WATER WORKS BOARD. (RESOLUTION BOOK 2009, PAGE 029).

5. RESOLUTION: TO SET A PUBLIC HEARING TO DECLARE VARIOUS WEEDED LOTS TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT PER TITLE 11, CHAPTER 67 OF THE CODE OF ALABAMA, 1975, AS AMENDED. (RESOLUTION BOOK 2009, PAGE 030).

6. RESOLUTION: TO LEVY 7 MILLS AD VALOREM TAX IN THE CITY OF PRATTVILLE. (RESOLUTION BOOK 2009, PAGE 031).

Councilman Renegar made the motion to move items 1-6 to a consent agenda and Councilman Fank seconded the motion. All were in favor of the motion (7-0). Councilman Fank made the motion to approve the consent agenda and Councilman Miller seconded the motion. The motion to approve was adopted with the following vote:

AGENDA

1. ORDINANCE: TO EXEMPT CERTAIN “COVERED ITEMS” FROM THE MUNICIPAL SALES AND USE TAX DURING THE FIRST FULL WEEKEND OF AUGUST, 2009, AS AUTHORIZED BY ACT 2006-574, GENERALLY REFERRED TO AS THE STATE SALES TAX HOLIDAY LEGISLATION. (ORDINANCE BOOK 2009, PAGE 003).

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

2. RESOLUTION: TO GRANT A RESTAURANT RETAIL BEER LICENSE, ON-PREMISE ONLY FOR RORY SMITH, FIRST FAMILY RESTAURANTS, INC. D/B/A SHONEY’S RESTAURANT. (RESOLUTION BOOK 2009, PAGE 032).

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

3. RESOLUTION: TO ALLOW PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES SPONSORED PRESCRIPTION DISCOUNT CARD PROGRAM.

Councilman Miller made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Boles made a motion to hold the Resolution for two weeks to allow an opportunity for some of the local Pharmacists to get answers to questions they may have regarding this program. Councilman Gillespie seconded the motion to hold. The motion to hold until the April 21st council meeting was approved (6-1) with Council President Argo opposed.

4. ORDINANCE: TO AMEND PRATTVILLE CITY CODE ARTICLE IV SECTION 10-48, DEFINITIONS, AND SECTION 10-50, FIRE AND AMBULANCE EMERGENCY TRANSPORT SERVICE. (ORDINANCE BOOK 2009, PAGE 004).

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

5. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN EXTENDED WARRANTY CONTRACT WITH ZOLL MEDICAL CORPORATION. (RESOLUTION BOOK 2009, PAGE 033).

Councilman Boles made a motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Councilman Miller questioned Lieutenant Whaley about the contract and he stated that the extended warranty is to protect the city’s investment in equipment in regards to preventive maintenance. There being no further discussion, the Resolution was adopted with the following vote:

6. RESOLUTION: TO RATIFY AND AFFIRM DIFFERENTIAL PAY INCREASE FOR THE PRATTVILLE POLICE DEPARTMENT FOR BUDGET YEAR 2008-2009. (RESOLUTION BOOK 2009, PAGE 034).

Councilman Gillespie made a motion to adopt the Resolution and Councilman Boles seconded the motion. During discussion, Councilman Gillespie stated that he authored this Resolution out of an abundance of caution. The Resolution was adopted with the following vote:

Councilman Wood asked City Attorney David McDowell to approach the podium regarding the Resolution that had just been adopted by the Council. Mr. McDowell reiterated his legal opinion and the written legal opinion of Ken Smith who serves as Deputy Director of the Alabama League of Municipalities. Both opinions state that the Administration was within its authority to grant the differential pay. Therefore, this Resolution is not necessary. Mr. McDowell further stated that he does not like the verbiage on lines 18 and 19 that state “the City Council of the City of Prattville must approve all pay raises.” Mr. McDowell reminded the Council that would include merit raises and cost of living raises. Councilman Wood informed Council President Argo of his wish to change his vote. The final vote on the Resolution to Ratify and Affirm Differential Pay Increase for the Prattville Police Department for Budget Year 2008-2009 is as follows:

7. RESOLUTION: TO AMEND THE CAPITAL BUDGET TO ALLOW THE HIRING OF TEMPORARY LEISURE SERVICES EMPLOYEES. (RESOLUTION BOOK 2009, PAGE 035).

Councilman Fank made a motion to adopt the Resolution and Councilman Wood seconded the motion. During discussion, Councilman Boles questioned why this amount was not originally figured into the Leisure Services budget. Finance Director Rod Morgan responded by stating that it was anticipated that Sanitation employees would have transferred, preventing this transaction. There being no further discussion, the Resolution was adopted with the following vote:

8. RESOLUTION: TO AUTHORIZE THE RECLAMATION OF THE FORMER TRANSFER STATION SITE. (RESOLUTION BOOK 2009, PAGE 036).

Councilman Miller made a motion to adopt the Resolution and Councilman Boles seconded the motion. During discussion Councilman Gillespie questioned if anyone had gotten estimates on reclaiming the site. Mayor Byard informed the Council that employees from the City’s Street and Engineering Departments would be performing the job. Councilman Gillespie stated that he would not support this Resolution because he felt that the transfer station could be an option if needed. He further stated that he felt that it would pose very little liability to the City if it is properly closed. He also stated that since there are no immediate plans for the property, he felt there was no need to destroy it. There being no further discussion, the Resolution was adopted with the following vote:

9. RESOLUTION: TO REJECT BID FROM VICTORY MOTOR CO. LLC FOR THE PURCHASE OF A 2009 DODGE RAM CHASSIS. (RESOLUTION BOOK 2009, PAGE 037).

Councilman Renegar made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. Because the Resolution did not appear on the agenda and was introduced from the floor, it is necessary for the council rules to be suspended. Councilman Renegar made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (7-0). There being no discussion, the Resolution was adopted with the following vote:

10. RESOLTUION: TO AWARD BID NO. 08-017 TO BEN ATKINSON MOTORS, INC. FOR THE PURCHASE OF A 2009 DODGE RAM 3500 SLT CHASSIS. (RESOLUTION BOOK 2009, PAGE 038).

Councilman Renegar made a motion to adopt the Resolution and Councilman Fank seconded the motion. Because the Resolution did not appear on the agenda and was introduced from the floor, it is necessary for the council rules to be suspended. Councilman Miller made a motion to suspend the rules and Councilman Gillespie seconded the motion. The rules were suspended (7-0). There being no discussion, the Resolution was adopted with the following vote:

CLOSING:

Councilman Wood thanked everyone for attending the annual North Highland Park Fun Day, which was held last Saturday, March 28th. He stated that a donation will be given to Honor Flight from the proceeds.

On behalf of the Fire Department, Councilman Renegar thanked members of the Council for their support on agenda items 4, 5, 9, and 10.

Councilman Boles announced the death of Mr. George P. Walthall, Sr.

Councilman Fank expressed his sympathy to Councilman and Mrs. Gillespie on the death of Mrs. Gillespie’s father, Mr. Bobbie Cannady.

Council President Argo also expressed his condolences to the Gillespie and Cannady families. He further asked Councilman Gillespie to share Mr. Cannady’s funeral arrangements with those present.

ADJOURN:

There being no further business to come before the Council, Councilman Fank made a motion to adjourn and the motion was seconded. The meeting closed at 7:20 p.m.

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Gina P. Smith
City Clerk

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Dean R. Argo, President
Prattville City Council