| 2010-06-01 City Council Meeting |  |  |  |
 PRATTVILLE CITY COUNCIL The Prattville City Council met in regular session on Tuesday, June 1st, at 6:06 p.m. immediately following the public hearing at Doster Memorial Community Center with Council President Dean Argo presiding. After the Pledge of Allegiance to the American Flag, Reverend Rick Mason gave the invocation. Roll was called and all were recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS ENDURANCE: The inward strength to withstand stress and do my best. APPROVAL OF MINUTES: May 20th Public Hearing and City Council Minutes and May 27th Public Hearing Minutes. Councilman Renegar made the motion to approve the minutes and Councilman Boles seconded the motion. The minutes were approved (7-0). COMMENTS FROM PERSONS PRESENT: Patricia Cummings, 1208 Kenwood Court, Prattville, AL 36067, appeared before the Council with a concern for the current placement of speed limit sign for a school zone located on Gardner Road. She recommended that the sign be moved further north on Gardner Road. Tony Harris, 537 Ashton Oak Drive, Prattville, AL 36067, appeared before the Council to urge them to adopt the Ordinance which prohibits electronic messaging/texting while driving. Mr. Harris stated that in his opinion, the penalties allow for the Judge’s discretion. Ms. Jon Lee Finnegan questioned Councilman Fank about information regarding a recent bid that was let for the expansion of an existing apron at the Prattville-Grouby Field Airport. Mayor Byard recommended that Ms. Finnegan contact Board Chairman Larry Puckett regarding the bid. Regarding the proposed Ordinance to ban electronic messaging/texting, Patricia Cummings stated that in her opinion, she considers the jail time set out in the penalty section, to be too harsh unless the action caused an accident. David Blackburn, 1105 Valridge West, Prattville, Al 36066, asked the Council to consider adopting an Ordinance that would prohibit tobacco and or alcohol from being sold within a specified distance from churches and schools. MAYOR’S REPORT: Mayor Byard offered his sympathy to Mrs. Judy Jackson and the citizens of Autaugaville in the recent death of former Mayor Curtis Jackson. He also expressed his sympathy to the family of Mrs. Annabelle Gillespie who passed away on Saturday. Ms. Gillespie was the wife of former Councilman Sonny Gillespie and the daughter-in-law of former Mayor Lewis Gillespie. Mayor Byard congratulated Councilmembers Miller and Fank on each receiving their Certified Municipal Official designation during the recent Alabama League of Municipalities Convention in Mobile. Mayor Byard reminded everyone of the four, ten-hour day work week, which begins June 14th and goes thru August 6th. He also reported that on June 14th the Sanitation Department will begin their routes one hour earlier. Regarding the agenda, the Mayor encouraged the Council to vote in favor of item number 2, prohibiting electronic messaging/texting while driving. He further stated that proper signage will be placed along the roadways with warnings that the law is in effect should it be adopted. COUNCIL REPORTS: None. AGENDA 1. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED AT 2189/2181 COBBS FORD ROAD FROM B-4, HIGHWAY COMMERCIAL AND FAR, FOREST, AGRICULTURAL AND RECREATION TO B-2, GENERAL BUSINESS. (ORDINANCE BOOK 2010, PAGE 010). A public hearing was held at 6:00 p.m. this evening. Councilman Miller made a motion to amend the Ordinance on line 16 to read “B4 Highway Commercial and FAR, Forest, Agricultural and Recreation to B-2, General Business.” Councilman Wood seconded the motion. Councilman Boles called for a roll call vote on the amendment and the Ordinance was amended with the following vote:
The amended Ordinance was adopted (5-1-1) with a requested roll call vote by Councilman Boles as follows:
2. ORDINANCE: TO AMEND THE PRATTVILLE CITY CODE SECTION 18-24 TO PROHIBIT ELECTRONIC MESSAGING/TEXTING WHILE DRIVING. (ORDINANCE BOOK 2010, PAGE 011). The Ordinance was introduced at the May 4th Council meeting and a public hearing was held on May 27th. Councilman Gillespie made a motion to amend page 2, lines 28 and 29 of the Ordinance by deleting the words “or by imprisonment for not more than ten days.” Councilman Renegar seconded the motion to amend. During discussion, Council President Argo passed the gavel to Council President Pro-Tempore Miller and asked to be recognized. Councilman Argo stated that by leaving the verbiage as it currently reads in the Ordinance, it allows the Judge some discretion depending on the severity of the offense. He further urged members of the Council to defeat the amendment. Councilman Renegar questioned City Attorney David McDowell if it would be possible to impose jail time in case of personal injury. Mr. McDowell stated that in the case of personal injury, it would be a criminal matter, and not a civil matter. Councilman Gillespie expressed that this Ordinance should be more about educating the public rather than punishing them. The gavel was passed back to Council President Argo. The amendment was approved (5-2) with a roll call vote as follows:
Councilman Gillespie made a motion to amend page 2, line 54 to include the verbiage “This Ordinance shall become effective after signs are posted on the main streets, roads, highways, etc. coming into Prattville and the streets in front of all schools inside of the Police Jurisdiction of Prattville that students attending are of driving age.” Councilman Boles seconded the motion to amend. During discussion, Councilman Renegar recommended that the amendment should also include a date that the Ordinance goes into effect. The vote was called and the amendment failed (3-4) with the following results:
Councilman Miller made a motion to amend the Ordinance on page 2, line 54, to include the verbiage, “This Ordinance shall become effective 30 days from date of passage and upon its publication as required by law.” Councilman Boles seconded the motion. The motion to amend was approved (6-1) with the following roll call vote:
Council President Argo called for the final vote and the amended Ordinance was adopted with the following results:
3. RESOLUTION: TO DECLARE CINTAS A NON-RESPONSIBLE BIDDER FOR BID NO. 010-004. (RESOLUTION BOOK 2010, PAGE 033). Councilman Gillespie made a motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Councilman Boles questioned who made the determination as to the reason for rejection of the bid as being “poor quality due to frequent delivery of unclean uniforms and incorrect number of uniforms delivered.” Council President Argo stated that documentation from previous service is the basis for the statement/reason for the rejection. Councilman Boles stated that in his opinion, this practice is just bad business. There being no further discussion, the Resolution was adopted with the following vote:
4. RESOLUTION: TO DECLARE ARAMARK A NON-RESPONSIBLE BIDDER FOR BID NO. 010-004 (RESOLUTION BOOK 2010, PAGE 034). Councilman Fank made a motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Council President Argo clarified that Aramark is the current uniform provider but they failed to meet bid specifications when they quoted prices on 3-year old uniforms currently in use by city employees rather than new uniforms as specified in the bid specifications. There being no further discussion, the Resolution was adopted with the following vote:
5. RESOLUTION: TO AWARD BID NO. 010-004 TO G&K SERVICES FOR EMPLOYEE UNIFORM SERVICE. (RESOLUTION BOOK 2010, PAGE 035). Councilman Renegar made a motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, Councilman Boles questioned if the City has ever used G&K in the past and Council President Argo stated that this will be the first time. Councilman Fank recognized Jonathan Wright, a sales representative with G&K. The vote was called and the Resolution was adopted with the following results:
6. ORDINANCE: REQUEST TO SURPLUS VARIOUS ITEMS FROM THE POLICE DEPARTMENT. (ORDINANCE BOOK 2010, PAGE 012). Councilman Wood made a motion to adopt the Ordinance and Councilman Renegar seconded the motion. Because Ordinances are generally held for two weeks, it is necessary for the council rules to be suspended. Councilman Renegar made the motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (7-0). The Ordinance was adopted with the following vote:
7. RESOLUTION: TO AUTHORIZE THE MAYOR TO SIGN ALL AGREEMENTS AND ASSURANCES REGARDING A $13,200.00 GRANT BY ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FROM THE ALABAMA RECYCLING FUND. (RESOLUTION BOOK 2010, PAGE 036). Councilman Miller made the motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, City Planner Joel Duke explained that the grant funds will be used to purchase an additional recycling trailer, additional storage may be purchased, and a new brochure regarding information on recycling and the recycling center will be printed. He further reminded the Council that this is 100% funded and there is no match to this grant. There being no further discussion, the Resolution was adopted with the following results:
8. 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 2010, PAGE 037). Councilman Gillespie made the motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Councilman Fank expressed his appreciation to Mr. Jon Lee Finnegan for taking the initiative to mow the grass at 108 Quail Run, which is a property listed in this Resolution. There being no further discussion, the Resolution was adopted with the following vote:
9. RESOLUTION: TO SET A PUBLIC HEARING TO REZONE OLD RIDGE ROAD FROM R-2 TO R-3 AND R-5. The Resolution portion of this document did not appear in the agenda packet. Therefore, the proposed Ordinance which was read into the meeting was not duly adopted for failure to follow proper procedure. The Resolution and proposed Ordinance will appear as item number 2 on the June 15th council agenda. 10. RESOLUTION: TO AWARD BID NO. 010-003 TO MCDONALD CONSTRUCTION CO. FOR THE AUTAUGA CREEK LEVEE REHABILITATION PROJECT. (RESOLUTION BOOK 2010, PAGE 038). Councilman Renegar made the motion to adopt the Resolution and Councilman Fank seconded the motion. There being no discussion, the Resolution was adopted with the following vote:
CLOSING COMMENTS: Councilman Gillespie announced the recent hiring of the E911 Director and stated that he would invite him to a council meeting in the near future. Councilman Renegar expressed his appreciation to everyone who attended the Memorial Day Service at the Court House. 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 7:15 p.m. APPROVED:
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