| 2010-12-07 City Council Meeting |  |  |  |
 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, DECEMBER 7, 2010 6:00 P.M. The Prattville City Council met in regular session on Tuesday, December 7th, at 6:36 p.m. immediately following the public hearing, in the Council Chambers at City Hall. The meeting was called to order by Council President Miller. Roll was called and all were recorded as being present. THE CHARACTER TRAIT OF THE MONTH IS SENSITIVITY: Perceiving the true attitudes and emotions of those around me. APPROVAL OF MINUTES: November 2nd and November 16th City Council Meeting. 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: Mr. Jerry Cimis, 141 North Chestnut Street, Prattville, Al 36067, appeared before the Council to read a prepared statement opposing a recent public hearing regarding Recovery Zone Facility Bonds offered under the Federal American Recovery and Reinvestment Act of 2009. A copy of Mr. Cimis’ statement is made a part of the official record. Council President Miller thanked Mr. Cimis for his research. Councilman Gillespie asked City Attorney David McDowell if it was too early to discuss Mr. Cimis’ claims. Mr. McDowell stated that he would need time to review the documents. Jan Earnest, Director of the Autauga-Prattville Library appeared before the Council to urge the approval of the first quarter allocation to the Library. Councilman Gillespie thanked Ms. Earnest for appearing before the Council and informed her that because there is no approved budget, it will be necessary to hold the Resolution for 2 weeks. Councilman Boles thanked Ms. Earnest and her staff for being so helpful when he made a recent visit to the library to rent/check out a book for his daughter. Mr. Charlie Graham, 126 Holly Court, Prattville, Al 36066, appeared before the Council to speak on several issues including the requests which have not been granted for funding amounts to be included in the titles of Resolutions. He also expressed concern for the costs to the city regarding petitions for annexation, which appear on the evening’s agenda. He questioned the time-frame for completing the city code and having it available on line and also asked the status of the budget process. Council President Miller reminded Mr. Graham that the public comment portion of the meeting is not a question and answer session. He assured Mr. Graham that the request for funding amounts to be placed in Resolution titles is being considered. He also informed him that Finance Committee members are working diligently with department heads to complete the budget process. At 7:05 p.m. Councilmen Wood and Fank left the council chambers and returned at 7:06 p.m. MAYOR’S REPORT: Mayor Byard stated that the City Code will be sent to the publisher as soon as City Attorney David McDowell completes his review of the proof and the Council adopts an Ordinance to accept it. The Mayor reported that the damage sustained in the city last week was due to an EF-1 tornado. It left behind minor to moderate damage and there were no injuries. Contrary to one report from a citizen, city employees were not used to remove debris from private property. Regarding item number 3 on the evening’s agenda, Emergency Management Agency Director Rocky Milliman was invited before the Council to make a brief statement regarding the advantages of the IEMC program in Emmetsburg, Maryland. A copy of his statement is made a part of the official record. Councilman Boles questioned the length of time FEMA takes for reimbursement. Mr. Milliman stated that it may take up to 6 weeks. Mayor Byard reported on the well-attended groundbreaking ceremony for Medline this morning and thanked Councilmembers Gillespie and Renegar for attending. He thanked everyone for their prayers, words of encouragement and kind gestures following his grandfather’s death last week. Councilman Gillespie offered his condolences to the Mayor. In reference to the IEMC program, he asked for clarification that a plan is in place in the event of a storm, etc. while the Mayor and department heads are gone. Mayor Byard assured him that a plan is in place. Councilman Gillespie thanked Creative and Performing Arts Director Kellie Cook on successfully pulling off the Christmas parade with little funds. COUNCIL REPORTS: Councilman Gillespie stated that E-911 board met regarding the appointment of Russell Crowley. He expressed his appreciation for the work out-going member Hootie Gipson did while being an active member of the board. Councilman Wood stated that the Public Safety Committee met on December 7th regarding Resolution numbers 1 and 2 and its recommendation is to vote “no” on them. Due to business obligations, Councilman Argo reported that he would appreciate the Council allowing him to resign from the Finance Committee and supporting the appointment of Councilman Gillespie in his place. Councilman Fank asked Councilmembers Argo and Gillespie and Leisure Services Director Drew Peterson to remain after the council meeting in order to schedule a Leisure Services Committee meeting. Council President Miller expressed his appreciation to the City Clerk’s office for scheduling the Finance Committee/Department Head meetings. FILLING THE VACANCY OF PRESIDENT PRO-TEMPORE: Councilman Argo nominated Councilman Renegar. Councilman Wood nominated Councilman Gillespie. Councilman Gillespie was approved as President Pro-Tempore with the following roll call vote:
Councilman Renegar took a personal point of privilege to congratulate Councilman Gillespie. AGENDA 1. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR, CLASS I LICENSE FOR BLUE IGUANA, INC. D/B/A BLUE IGUANA. A public hearing was held at 6:00 p.m. this evening. Councilman Wood made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. During discussion, Councilman Wood stated that the Public Safety Committee has reviewed pertinent documentation, which shows that licensing this particular business with a lounge license will only increase police activity. He reported on past lounge applications that were denied by the City Council. He also stated that for the sake of the health, safety and welfare of our citizens, he will not support this application. Councilman Argo stated that while he appreciates Councilman Wood’s fact-based findings, he understands that the State ABC Board is requiring the business to make application for the lounge license in order for them to continue operating as they have for the past 7 years. He further expressed his concern for the cost of legal fees the City would incur in the event this issue is taken to court. Councilman Argo made a motion to hold the Resolution for 2 weeks. Councilman Fank seconded the motion. Councilman Gillespie encouraged Blue Iguana Manager Mr. Zinn to come back before the Council in 2 weeks with a plan to curb police calls to the property in which his business is located. The Resolution was held for 2 weeks (6-1) with Councilman Wood opposed. 2. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR, CLASS II PACKAGE STORE FOR AURO SWAMY, OWNER OF EAGLE HOLDING, LLC D/B/A BAMA PACKAGE STORE #27. Councilman Gillespie made a motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, Councilman Argo made a motion to hold the Resolution for 2 weeks to allow for further information to be obtained. Councilman Fank seconded the motion. Councilman Wood questioned what additional information may be obtained. Councilman Argo explained that since Resolution number 1 was held, he felt it only fair to give Resolution number 2 the same consideration. He stressed the necessity to avoid legal fees. Councilman Wood reiterated that data has been compiled to show that the approval of this application would only have a negative impact on the community. The Resolution was held for 2 weeks (6-1) with Councilman Wood opposed. 3. TO AUTHORIZE THE EXPENDITURE OF FUNDS FOR CITY STAFF TO ATTEND THE INTEGRATED EMERGENCY MANAGEMENT COURSE. (RESOLUTION BOOK 2010, PAGE 091). The Resolution was held from the November 16th council meeting. Councilman Fank made a motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0). During discussion, Councilman Renegar made a motion to amend the Resolution by changing the verbiage to read as follows beginning line 30-32, “Whereas, up to 18 city employees will attend such training and attendance shall be restricted to salaried employees only and the cost of a meal card for the duration of the class is approximately $110.00 for each participant.” His motion to amend also included lines 36-38 to read “That up to $1,980.00 is approved and authorized to be expended from the General Fund for meal cards associated with the Integral Emergency Management Course.” Councilman Boles seconded the motion. During discussion, Councilman Argo stated that after receiving full details associated with the revelation that 34 employees were scheduled to attend and in addition to the costs that overtime/compensatory time to which hourly employees are entitled, a savings of $3,000 would be realized by this amendment. A roll call vote was called and the amendment failed (3-4) with Councilmen Gillespie, Wood, Miller and Fank opposed. Councilman Gillespie commented that he agrees that the educational program will be beneficial but his concern lies with determining if protocol was followed. Councilman Wood stated that employees have spent a great amount of preparation including class time, and testing to ready themselves for this program. He further stated that we should take full advantage of the training sessions that will benefit our community. Councilman Boles stated that in his opinion, specific information regarding overtime costs and the purchasing of the airline tickets had been hidden from the Council. He noted that $3,000.00 in costs will be a start toward cutting $3.5 million from the budget. Therefore, he stated that he will not support this Resolution. Council President Miller passed the gavel and asked to be recognized. Councilman Miller clarified that this is an opportunity for employees to benefit from premiere training, and that Prattville would likely not have such an opportunity again in the future. He stated that he has been assured by Mayor Byard that 2nd tier staff will remain behind to see that departmental operations run efficiently and that any unforeseen emergencies would be handled appropriately in the absence of department heads. Councilman Argo stated that while he agrees with Council President Miller regarding the value of the program, he agrees with Councilman Boles that we should save money by sending fewer employees. Councilman Wood stated that if the training is necessary and also beneficial, all scheduled employees should attend and the $3,ooo.00 should be found elsewhere. Councilman Fank called for the question and Councilman Argo seconded the motion to call for the question. The Resolution was adopted with the following vote:
4. RESOLUTION: TO APPOINT RUSSELL CROWLEY TO THE E-911 BOARD. (RESOLUTION BOOK 2010, PAGE 092). Councilman Fank made the motion to adopt the Resolution and Councilman Gillespie seconded the motion. Council President Miller recognized Mr. Crowley who was in attendance at the evening’s meeting. The Resolution was adopted with the following results:
Ordinance Book 2008, Page 019, 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 numbers 5, 6, and 7. 5. RESOLUTION: TO AUTHORIZE THE PAYMENT OF FUNDS TO THE PRATTVILLE AREA CHAMBER OF COMMERCE. Councilman Argo made the motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Argo made the motion to suspend the rules and Councilman Fank seconded the motion. Councilman Argo stated that the Finance Committee met with the Chamber leadership and the Economic Development team. He stated that it was the consensus of the Committee to promptly pay the $23,394.00 owed from the last FY budget. The vote to suspend the rules failed (6-1) with Councilman Gillespie opposed. The Resolution was held until the December 21st council meeting. 6. RESOLUTION: TO AUTHORIZE PAYMENT OF FUNDS TO THE PRATTVILLE-AUTAUGA HUMANE SHELTER. Councilman Boles made a motion to adopt the Resolution and Councilman Argo seconded the motion. Councilman Fank made a motion to suspend the rules and Councilman Boles seconded the motion. The motion failed (5-2) with Councilmen Argo and Gillespie opposed. The Resolution was held until the December 21st council meeting. 7. RESOLUTION: TO AUTHORIZE PAYMENT OF FUNDS TO THE PRATTVILLE-AUTAUGA LIBRARY. Councilman Renegar made a motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Renegar made a motion to suspend the rules and Councilman Fank seconded the motion. The motion to suspend the rules failed (5-2) with Councilmen Argo and Gillespie opposed. The Resolution was held until the December 21st council meeting. 8. RESOLUTION: TO SET A PUBLIC HEARING TO ZONE PROPERTY LOCATED AT 549 COVERED BRIDGE PARKWAY TO R-4. (RESOLUTION BOOK 2010, PAGE 093). Councilman Wood made a motion to adopt the Resolution and Councilman Argo seconded the motion. There being no discussion, the Resolution was adopted with the following vote:
Councilman Wood introduced the proposed Ordinance and made a motion to adopt it. Councilman Argo seconded the motion. By point of order, the proposed Ordinance was held until the January 4th public hearing. Councilman Fank left the council chambers at 8:13 p.m. 9. RESOLUTION: TO SET A PUBLIC HEARING TO ZONE PROPERTY LOCATED ON COVERED BRIDGE PARKWAY TO R-4. (RESOLUTION BOOK 2010, PAGE 094). Councilman Gillespie made a motion to adopt the Resolution and Councilman Argo seconded the motion. The Resolution was adopted with the following vote:
Councilman Fank returned to the council chambers at 8:15 p.m. Councilman Gillespie introduced the proposed Ordinance and made a motion to adopt it. Councilman Argo seconded the motion. By point of order, the proposed Ordinance was held until the January 4th council meeting. 10. RESOLUTION: TO SET A PUBLIC HEARING TO ZONE PROPERTY LOCATED AT OLD RIDGE ROAD TO R-3 AND R-5. (RESOLUTION BOOK 2010, PAGE 095). Councilman Fank made a motion to adopt the Resolution and Councilman Renegar seconded the motion. The Resolution was adopted with the following results:
Councilman Fank introduced the proposed Ordinance and made a motion to adopt it. Councilman Argo seconded the motion. By point of order, the proposed Ordinance was held until the January 4th council meeting. 11. ORDINANCE: PETITION FOR ANNEXATION OF 549 COVERED BRIDGE PARKWAY AND COVERED BRIDGE PARKWAY. Councilman Boles made the motion to adopt the Ordinance and Councilman Argo seconded the motion. Because Ordinances are generally held for 2 weeks, it is necessary for the council rules to be suspended. Councilman Fank made a motion to suspend the rules and Councilman Boles seconded the motion. The motion to suspend failed (4-3) with Councilmen Gillespie, Miller, and Argo opposed. The Ordinance was held until the December 21st council meeting. 12. ORDINANCE: PETITION FOR ANNEXATION OF OLD RIDGE ROAD BETWEEN RIVERCHASE NORTH AND PENDLEBROOKE SUBDIVISION. Councilman Argo made a motion to adopt the Ordinance and Councilman Gillespie seconded the motion. Because Ordinances are generally held for 2 weeks, it is necessary for the council rules to be suspended. Councilman Fank made a motion to suspend the rules and Councilman Wood seconded the motion. The motion failed (4-3) with Councilmen Gillespie, Miller and Argo opposed. The Ordinance was held until the December 21st council meeting. CLOSING COMMENTS: Mayor Byard congratulated Council President Miller on a well-run meeting considering the lengthy agenda. He also congratulated Councilman Gillespie on his nomination and appointment as Council Pro-Tempore. On a personal note, Councilman Gillespie commented that if his father were still living, he would have been 79 years old today. Councilman Wood recalled his years of service with Councilman Billy Gillespie. He also congratulated Council President Pro-Tempore Gillespie. Councilman Wood thanked Council President Miller for providing information to the full council during the budget meeting process with department heads. Councilman Argo congratulated Councilman Gillespie and thanked Council President Miller for his leadership of the Council. Councilman Boles congratulated Councilman Gillespie. ADJOURN: There being no further business to come before the Council, Councilman Fank made a motion to adjourn and Councilman Boles seconded the motion. The meeting closed at 8:28 p.m.
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