PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, JANUARY 5, 2010
6:00 P.M.

The Prattville City Council met in regular session on Tuesday, January 5th, at 6:00 p.m. 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 PUNCTUALITY: Showing esteem for others by doing the right thing at the right time.

APPROVAL OF MINUTES: December 15th Council Minutes.

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

COMMENTS FROM PERSONS PRESENT:

None.

MAYOR’S REPORT:

Mayor Byard stated that city officials are no longer bound by a particular confidentiality agreement and announced that Kohls Department Store is scheduled to open October 2010.

The Mayor introduced Sheila Morrissette who has been appointed to serve as his executive assistant.

Mayor Byard reminded everyone that City Hall will be closed and there will be no garbage collection on Monday, January 18th, in observance of the Martin Luther King, Jr./Robert E. Lee holidays.

Regarding the agenda, Mayor Byard stated that the Administration opposes item number 3, which amends the way the City currently collects business licenses. He further reminded the Council that the money collected on business licenses pays for services and businesses are being provided a service.

Councilman Boles argued that he believes the City’s current procedure for collecting business licenses on gross receipts is considered double taxation. Mayor Byard stated that this was an issue that they would each have to agree to disagree on.

Councilman Miller reported that the Sanitation Committee discussed garbage service for the western section part of the annexed area. He stated plans for bids to be let for garbage containers, which will be a necessity. He further stated that the eastern section which includes the Hollybrooke subdivision, should convert to bags and will begin to receive city garbage services March 1st.

Council President Argo stated that the Finance Committee met on Monday afternoon regarding agenda item number 3 and its recommendation is not to address the proposed amendment at this time due to the possible negative impact it may have on the City’s budget.

COUNCIL REPORTS:

None.

AGENDA

1. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSE FOR DARIAN O. CLARK AND KENDRICK L. HARDY, D/B/A SMOOTHIES N THINGS. (RESOLUTION BOOK 2010, PAGE 001).

A public hearing was held at 6:00 p.m. this evening. Councilman Wood 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:

2. RESOLUTION: TO GRANT A RETAIL BEER AND TABLE WINE LICENSE, OFF PREMISE ONLY TO MINTOO RAHMAN, D/B/A QUICK STOP FOOD MART, INC. (RESOLUTION BOOK 2010, PAGE 002).

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

3. ORDINANCE: TO AMEND ORDINANCE BOOK 2007, PAGE 027, SECTION 6-2. DEFINITIONS. [8] GROSS RECEIPTS.

Councilman Boles made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. Because Ordinances are generally held for two weeks, it will be necessary for the council rules to be suspended if immediate action is to be considered. Councilman Miller made a motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0). During discussion, Councilman Boles questioned Finance Director Rod Morgan how much it will cost the City in gross receipts if the proposed amendment is approved. Mr. Morgan stated that there is no way to estimate that cost. Councilman Boles questioned Mr. Morgan why small businesses are not offered the same economic development incentives. Mr. Morgan explained that the big box stores offer more employment opportunities to the community and overall generate more tax return to the city than small businesses. Mr. Morgan stated that unless you’re looking at all of the available information involved in these investments, it does appear unfair at first glance. He further stated that he is open to considering small businesses for incentives in the future.

Councilman Gillespie made a motion to table the Ordinance indefinitely. Councilman Renegar seconded the motion. Council President Argo passed the gavel and asked to be recognized. Councilman Argo stated that it’s not that he disagrees with Councilman Gillespie but since the Finance Committee has already reviewed the proposed amendment and made its recommendation to the full Council not to support it, he feels that there’s no need to refer it back to committee unless something new is presented. Councilman Argo further stated that he is reluctant to support the amendment because there’s no sure way of knowing how it will impact the budget. President Pro-Tempore Miller passed the gavel back to Councilman Argo.

Councilman Gillespie made a motion to send the proposed Ordinance to the Finance Committee and Councilman Wood seconded the motion. The motion failed with a roll call vote as follows:

Councilman Gillespie stated that he is not ready to vote on the passage of this Ordinance and in his opinion; the item should be removed from the agenda. Councilman Fank called for the question and Councilman Gillespie seconded the motion. The Ordinance failed with the following vote:

CLOSING:

Mayor Byard congratulated former Leisure Services Employee, James Earl Corley who was recently named Head Drum Major at Auburn University. James Earl is the son of Denise Corley Williams who served the City as its first Special Events Director.

Council President Argo thanked everyone for their prayers, phone calls and cards during his recent recovery from surgery.

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 6:42 p.m.

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Gina P. Smith
City Clerk

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Dean Argo, President
Prattville City Council