M I N U T E S

REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF HOMEWOOD, ALABAMA

December 7, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, December 7, 2009 at City Hall at 6:00 p.m. The invocation was given by Council President Jeff Underwood, after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President, Jeff Underwood. Upon roll call, the following were present: Anthony Smith, Sam Scott, Allyn Elizabeth Holladay, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, David Hooks, Jackie Langlow and Jeff Underwood. Absent: Allan Trippe. (Note: Mr. Trippe was not present for roll call, but arrived shortly thereafter at 6:04 p.m.) Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
Mr. Trippe entered the Council Chambers at this point (6:04 p.m.).
Mr. Smith moved to dispense with the reading of the Minutes of the November 9, 2009, and the November 23, 2009 meetings and approve them as distributed. Mr. Scott seconded the motion. There being no additions or deletions, the Minutes were approved without dissent. Mr. Payne abstained.
Mr. Underwood, at this point, introduced Mr. Philip Poole (President/ Homewood Chamber of Commerce) who addressed the Council regarding a recent project undertaken by a group of marketing students from Samford University.
Mr. Poole stated that a group of students enrolled in the Brock School of Business at Samford University had conducted a research project among the Homewood Chamber of Commerce membership to help the Chamber of Commerce gauge perceptions of the Chamber and to provide framework for programs and goal setting going forward. Mr. Poole further stated that the students had done an outstanding job and they were present tonight to share their findings with the council.
Mr. Wes Alexander, a student involved in the study, introduced himself and the other students as follows: Heather Arnold, Jeffrey Chapman, Katie Pugh, Randy Smith and Kyle Wollard. Mr. Alexander stated that Dean Taylor was also in the audience and the students very much appreciated his support as well. Mr. Alexander then presented a slide presentation giving an overview of the research study to the council and each student presented a separate presentation on the different phases of the study and how the findings were arrived at.
In conclusion, Mr. Alexander presented the recommendations derived from the study, emphasizing that the recommendations were not the recommendations of the students, but came specifically from the Chamber members. Mr. Alexander stated that the recommendations for the Chamber of Commerce as derived from the findings in the study were as follows: (1) Create a recognizable brand that could be recognized by the community as well as the Chamber of Commerce; (2) Increase staffing; (3) Change the location of the Chamber of Commerce; (4) Improve communication between the Chamber of Commerce and Chamber members; (5) Increase overall membership and membership participation, membership retention and forward involvement; (6) Better organize the Chamber of Commerce website and specifically include a hotel locator; (7) Provide access to decision data which would allow business owners more insight into the target customers; (8) Compile a list of available retail space; and (9) Better communicate the strategic plan for 2010 to the Chamber members. Mr. Alexander further stated that an internship had been undertaken at the Brock School of Business that was going to allow different School of Business students to intern with the Chamber of Commerce, requiring no additional funding, to help with increasing the staffing at the Chamber.
Mr. Underwood thanked the students for the great work they had done and the students received an ovation from the council and audience.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 15.03.09 – Request for consideration of a contract with ALDOT regarding safety improvements, guardrails, striping, etc. along I-65. (Greg Cobb/ Engineering Department) (This item was added to the agenda under Other New Business.)
New Business: Item No. 16.03.09 – Request for consideration of additional changes to the Building Codes. (Anthony Smith) (This item was added to the Committee Referral Agenda for referral to the Public Safety Committee.)
New Business: Item No. 17.03.09 – Request to consider an amendment to the Sign Ordinance to allow signs on the backs of businesses on 18th Street. (Anthony Smith) (This item was added to the Committee Referral Agenda later in the meeting during discussion of Item No. 20.02.09 for referral to the Special Issues Committee – See Page 12 of these Minutes.)
Mr. Underwood stated that without objection from the Council, the aforementioned items would be added to the agenda.
Mr. Underwood stated that at this time he would like to consider the Consent Agenda. Mr. Underwood asked if there was any objection to the Consent Agenda as presented:
*CONSENT AGENDA

16.11.09 Presentation regarding the Catherine Sims Property – Special Issues Committee - Action Taken: The Special Issues Committee on 11/30/09 recommended dropping this item.

27.01.09 Request for update on pending sidewalk projects – Public Works Committee - Action Taken: The Public Works Committee on 11/30/09 recommended dropping this item.

There being no objections to the Committees’ recommendations on the Consent Agenda items, Mr. Moody moved to approve the Consent Agenda. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Consent Agenda was approved without dissent.
The first item of business on the agenda under Old Business was the Public Hearing January 11, 2010 for consideration of Speed Reduction Measures on Roseland Drive generally between Ridge Road and Broadway. Mr. Underwood stated that this matter would be carried over.
The next item under Old Business was the request to set an RFP (Request for Proposal) date for management of Rosewood Hall (Previously the request to consider management of Rosewood Hall).
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend setting an RFP (Request for Proposal) response date of January 18, 2010 at 4:00 p.m. for the management of Rosewood Hall and an opening of those RFP responses on January 18, 2010 at 6:00 p.m.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Payne stated that before moving forward, the council should have a copy of the current bookings. Mr. Payne further stated that in his opinion the RFP date should be moved perhaps to the latter part of January or first of February because the catering industry was extremely busy at this time.
Mr. Underwood stated that in the RFP, the information that the city would be willing to provide was listed and the historical bookings was one of those pieces of information, but he would obtain a list of the current bookings and provide that to the council. Mr. Underwood further stated that when the council reviewed the specific proposals that were submitted, those bookings could be addressed.
Mr. Payne asked how the word would get out to let people know about the availability of the RFP.
Mr. Trippe stated that the Finance Committee would be discussing that process and a potential vendor list.
Mr. Smith stated that as he understood it, the draft proposal provided a window for comment by interested bidders that could be incorporated into the RFP if the council so desired, so therefore there should be no objection from anyone who was interested in the process that they had not had an opportunity to provide input on that process.
Mr. Trippe stated that he would suggest that since there was no overwhelming objection to that RFP date or going forward, that the item be sent back to the Finance Committee to make the final tweak, and then the matter could be brought back out on December 21st and assuming it was approved that night, the list of vendors could be published shortly thereafter. There was no objection from the Council.
The next item on the agenda under Old Business was the request for consideration of payment of the contract for Gonzalez Strength in the amount of $1,800.00 for a sanitary sewer re-built (Previously the request for consideration of Change Order No. 6 re: proposal and approval of the contract for Gonzalez Strength in the amount of $1,800.00 for a sanitary sewer re-built).
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend approval of $1,800.00 payment to Gonzalez Strength & Associates for a sanitary sewer re-built services to be paid from the existing line item No. 12-11-5-817.46/ Fire Station No. 1/ Capital Projects Fund/ 2009-2010.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-193
(A Resolution authorizing the Mayor to execute the proposal from Gonzalez Strength & Associates, Inc. to provide additional land surveying/ sanitary sewer as-built work for the Fire Station No. 1 Project, which will require additional compensation in the amount of $1,800.00 for such service, pursuant to the Proposal for Surveying Services attached to the Resolution as Exhibit A, to be paid from Line Item No. 12-11-5-817.46/ Fire Station No. 1/ Capital Projects Fund/ 2009-2010)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-193 approving the proposal from Gonzalez Strength & Associates, Inc., to provide additional land surveying/ sanitary sewer as-built work for the Fire Station No. 1 Project for an additional compensation in the amount of $1,800.00 for such service to be paid from Line Item No. 12-11-5-817.46/ Fire Station No. 1/ Capital Projects Fund/ 2009-2010.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend setting an RFP (Request for Proposal) opening date for each of the following city-owned properties: Two buildings on Bagby Drive (office building and federal building depository), 175 Citation Court building and the Loo Property on Greensprings Highway for sale or development for Monday, February 15, 2010 at 6:00 p.m. Mr. Trippe further stated that the committee was in agreement to simply incorporate the previous RFP and just put in the opening date and add the words “purchase” or “develop.”
Mr. Trippe then moved to authorize the City Clerk to fill in the RFP opening date of February 15, 2009 at 6:00 p.m. and distribute the RFP. Mr. Hooks seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request for consideration to adopt per Ordinance the 2009 International Building Code, International Fire Code, International Fuel Gas Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, 2008 National Electrical Code, and 2008 International Energy Conservation Code (Public Hearings held on October 26, 2009 and November 23, 2009).
Mr. Smith stated that the Public Safety Committee met and voted 3 – 1 to recommend an ordinance adopting the 2009 International Building Code, International Fire Code, International Fuel Gas Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, 2008 National Electrical Code, and 2008 International Energy Conservation Code with the modification of eliminating the requirement for installation of a sprinkler system for new single family homes.
At this time, Mr. Kendrick presented the following Ordinance for the first reading:
Ordinance No. ________
(An Ordinance to adopt for the City of Homewood and its police jurisdiction the 2009 International Building Code with Appendices A,B,E,F,G,H,I,J and K; 2009 International Fire Code with Appendices B,C,D,E,F,G,H, I and J; 2009 International Fuel Gas Code; 2009 International Existing Building Code; 2009 International Residential Code with Appendices A,B,C,D,E,F,G and H; 2009 International Mechanical Code; 2009 International Plumbing Code; 2009 International Property Maintenance Code; 2008 National Electrical Code; and 2009 International Energy Conservation Code, all as heretofore compiled by the International Code Congress; to provide Rules and Regulations for the enforcement thereof and to provide penalties for the violation of the provisions of the above stated standard codes, with modifications and amendments as provided for herein)

Mr. Smith moved for unanimous consent to consider the proposed Ordinance as read tonight. Mr. Scott seconded the motion.
Upon roll call, the votes were Ayes: Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. Nays: None. The motion for unanimous consent carried without dissent.
Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:
Ordinance No. 2407
(An Ordinance to adopt for the City of Homewood and its police jurisdiction the 2009 International Building Code with Appendices A,B,E,F,G,H,I,J and K; 2009 International Fire Code with Appendices B,C,D,E,F,G,H, I and J; 2009 International Fuel Gas Code; 2009 International Existing Building Code; 2009 International Residential Code with Appendices A,B,C,D,E,F,G and H; 2009 International Mechanical Code; 2009 International Plumbing Code; 2009 International Property Maintenance Code; 2008 National Electrical Code; and 2009 International Energy Conservation Code, all as heretofore compiled by the International Code Congress; to provide Rules and Regulations for the enforcement thereof and to provide penalties for the violation of the provisions of the above stated standard codes, with modifications and amendments as provided for herein)

Mr. Smith moved for the adoption, enrollment and publication of Ordinance No. 2407 as provided by law. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Hooks stated that he was under the assumption that what was recommended was the National Code with one exception, but based on the reading of the ordinance it appeared that there were several exceptions throughout.
Mr. Kendrick stated that most of the changes were ones that were already in existence that were modified in the 2003 Code.
Mr. Jerry Crowe (Chief Building Official) addressed the Council. Mr. Crowe stated that it was correct that most of the changes were made prior to 2003 and they were mostly just simple modifications for safety.
Mr. Hooks asked if those changes were very specific to Homewood on those particular issues.
Mr. Jerry Crowe again addressed the Council and stated that was correct.
Mr. Hooks stated that he would like to make an amendment to Mr. Smith’s motion.
Mr. Hooks then moved to amend the International Fire Code to delete the amendment not allowing hold-open clamps on gas pumps. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding the proposed amendment.
Mr. Hooks stated that this was an add-on that the City of Homewood does that no others do that requires gas stations to actually change a product coming from the manufacturer and to change it substantially by removing the clamp on gas pumps and it placed the City in a liability situation. Mr. Hooks further stated that the council had previously debated this issue at length.
Mr. Moody stated that he had missed the previous debate and would like to hear from the Fire Chief on this issue.
Chief John Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that from what the Fire Department could find out, the manufacturers would manufacture the gas nozzle one way or the other, with or without the hold-down locks. Chief Bresnan further stated that originally the locks were prohibited because of problems with the automatic shut-off that was supposed to cut the nozzle off when the tank was full, but the shut-off failed resulting in overfilled tanks and gasoline spills. Chief Bresnan added that over time, the problems with the shut-off had been corrected for the most part, but the problem at this point was when people locked the hold-down locks open and walked away from the nozzle resulting in a static charge that could ignite the vapors coming back out of the tank. Chief Bresnan further added that the logic behind removing the hold-open devices was to encourage people to have to stay with the nozzle and remain in contact with it to reduce the possibility of the static charge.
Chief Bresnan stated that if the hold-open latches were allowed in fueling systems, he would like to see a requirement in some capacity to have the owner of the station to have a recording announcing that not remaining in contact with the nozzle would produce a risk for static charge and a potential hazard. Chief Bresnan further stated that there were certain conditions that had to be met for the static charge to occur such as temperature, humidity and other factors, but it had happened in many places across the United States. Chief Bresnan added that dry conditions were the key when it came to static discharge and typically dry conditions were seen most often in cold weather in this area.
Mr. Moody asked if the drier conditions in cold weather would also coincide with the times that people were more likely to get back into their cars.
Chief Bresnan again addressed the council and stated that was correct.
Mr. Payne asked if all of the gas stations in the city were required to have emergency cut-off valves or switches inside the station and were they required to have fire extinguishers outside at the pumps or inside.
Chief Bresnan stated that was correct that there was an emergency shut-off button that would shut the whole system down. Chief Bresnan further stated that fire extinguishers were required to be inside.
Mr. Hooks stated that he did not disagree with the Chief, but the council could vote to the positive with the amendment and then the add-ons that Chief Bresnan had mentioned could then be added at a later date.
Mr. Smith stated that he would just like to point out that this was a rather unobtrusive and inexpensive way to promote public safety that required no additional safety mechanisms of instructing the public and the removal of the hold-open devices needed to stay.
Mr. Moody stated that if it were an issue of personal choice, he would tend to agree with the change, but due to the fact that there might be other people at the station, he would agree with Mr. Smith that it was more of a public safety issue than a personal choice issue, and he would suggest voting No on the amendment.
Mrs. Langlow, at this point, called the question on the amendment. Mr. Underwood asked if there were any further comments or questions regarding this matter.
There was no response from the council.
Upon roll call, the votes were Ayes: Holladay, McClusky, Jones, Payne and Hooks. Nays: Smith, Scott, Moody, Langlow, Trippe and Underwood. The motion to amend failed to carry by a vote of 5 to 6.
Mr. Underwood stated that the original motion for the adoption of Ordinance No. 2407 was before the Council.
Mr. Smith called the question on the original motion. Mr. Underwood stated that the motion before the council at this time was the original motion to adopt Ordinance No. 2407 as recommended by the Public Safety Committee. (See page 7 for motion and second for adoption of Ordinance No. 2407).
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance by posting said Ordinance according to law.
The next item of business under Old Business was the request for consideration of bid results for a truck for the Fire Department (Bid opening held on November 23, 2009 at 5:30 p.m.) (Formerly the request to consider declaring as surplus a used 1980 International cargo truck).
Mr. Trippe stated that the Finance Committee met and voted 3 – 1 to recommend accepting a trade for the truck from the City of Guntersville to include two (2) Hazmat Decontamination Units valued at approximately $12,000.00 to $16,000.00. Mr. Trippe further stated that the other bid was from the City of Sumiton in the amount of $1,050.00 to purchase the truck.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-194
(A Resolution accepting the bid of City of Guntersville as the lowest responsive and responsible bidder based on the trade of two [2] hazardous materials decontamination units as described in Exhibit A attached to the Resolution for the sale of the surplus 1980 International Harvester Cargo Vehicle, VIN No. AA185BHA11133, upon the receipt of the two hazardous materials decontamination units)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-194.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried by a vote of 10 to 1. Mr. Trippe voted No.
The next item under Old Business was the request to set a Request for Proposal (RFP) date for a services contract/ financial procedures (Previously the request to consider a services contract/ financial procedures).
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend a short request for proposal for utilities/ telecommunication auditing service to be opened on Monday, December 21, 2009 at 5:00 p.m.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request for consideration of comp time payment for the Senior Accountant.
Mr. Underwood stated that he would recommend that the aforesaid matter be referred to Council Work Session which he would be calling within the next week.
Mr. Underwood stated that without objection, the aforementioned matter concerning comp time for the Senior Accountant would be referred to Council Work Session. There was no objection from the Council.
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend the continuation of the Trane Service Agreement for HVAC systems at City Hall.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-195
(A Resolution authorizing the Mayor and the City Clerk to enter into a contract with Trane Building Services to provide HVAC systems maintenance for the City of Homewood pursuant to the terms and conditions of the Agreement as attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-195 authorizing a contract with Trane Building Services to provide HVAC systems maintenance for the City of Homewood.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that the request for consideration of a variance to the Sign Ordinance at 197 Oxmoor Road would be referred back to the Special Issues Committee. Mr. Underwood further stated that the committee had agreed to take this matter back into the committee to further consider this proposed variance.
Ms. Holladay stated that the Special Issues Committee met and voted 3 – 0 to recommend a multiple sign variance to the Sign Ordinance allowing a second sign on the back of the building for the new business called pure barre at 2826 18th Street South, the old Lenny’s location on 18th Street.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-196
(A Resolution granting a multiple sign variance to the Homewood Sign Ordinance allowing a second sign on the back of the building at 2826 18th Street South )

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-196.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Smith stated that this was a fairly standard request and it seemed at some point the Council might want to consider amending the Sign Ordinance to allow a second sign for businesses off that back lot in that area.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that without objection, he would go ahead and add an item of New Business to tonight’s agenda, Item No. 17.03.09 – Request to consider amending the Sign Ordinance to allow signs on the backs of businesses on 18th Street. Mr. Underwood further stated that this matter would be added to the Committee Referral Agenda for referral to the Special Issues Committee.
The next item under Old Business was the request for consideration of a resolution authorizing payment of invoices for the period November 7, 2009 through November 20, 2009 (One invoice withheld by council for Santek Environmental carried over from the November 23, 2009 council meeting).
Mr. Trippe stated that he had pulled the Santek Environmental invoice at the last Council meeting because it was for a rather large amount. Mr. Trippe further stated that the original invoice was for approximately $36,000.00 and typically these type invoices run about $18,000.00 to $19,000.00 per month. Mr. Trippe added that the invoice for approximately $36,000.00 had now been withdrawn because it was found to be in error, and a corrected invoice within the normal range had been submitted and would be taken up for consideration with the invoices for this payment period at the end of the meeting.
At this point, Mr. Trippe moved to drop the aforesaid item. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood stated that at the request of the Mayor, the following two items would be removed from the Committee Referral Agenda and considered under Other New Business tonight: Item No. 04.03.09 – Request for consideration of contracts for temporary accounting assistants, and Item No. 09.03.09 – Request for consideration of a contract for accounting review.
Mr. Underwood reminded the Council that Item No. 16.03.09 – Request for consideration of additional changes to the Building Codes was added to the Committee Referral Agenda for referral to the Public Safety Committee. Mr. Underwood requested that the hold-open latches be included in the discussions on this item in the Public Safety Committee.
Mr. Underwood stated that also added to the Committee Referral Agenda for referral to the Special Issues Committee was Item No. 17.03.09 – Request to consider an amendment to the Sign Ordinance to allow signs on the backs of businesses on 18th Street
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

01.03.09 Request for consideration of contracting for filming of council meetings for archiving and linking to the city’s website – Chris Simma/Open Water Video Productions/1810-28th Avenue South/Mayor Scott McBrayer - SPECIAL ISSUES COMMITTEE

02.03.09 Request for consideration to replace a section of wall on Griffin Creek near the new Fire Station No. 1– Greg Cobb/ Engineering Department
- PUBLIC WORKS COMMITTEE

03.03.09 Request for consideration of the Planning Commission’s favorable unanimous recommendation to rezone the properties located at 2537 Central Avenue, 2539 Central Avenue and 1734 26th Avenue South (Parcel ID Nos. 28-00-07-2-010-006.000, 28-00-07-2-010-007.000 and 28-00-07-2-010-009.000) from R-7 to NPD – Planning Commission
- PLANNING & DEVELOPMENT COMMITTEE (Note: This item was considered later in the meeting and a Public Hearing date of January 11, 2010 was established – See Page 25 of these Minutes.)

05.03.09 Request for consideration of revising current contract for accounting services for Sam Drummond – Mayor Scott McBrayer - FINANCE COMMITTEE (Note: This item was later removed from the Committee Referral Agenda at the Mayor’s request and considered under Other New Business later in the meeting – See Page 20 of these Minutes.)

06.03.09 Request for consideration of declaring surplus property the architectural salvage of the old city hall – Mayor Scott McBrayer - FINANCE COMMITTEE

07.03.09 Request for consideration to use the Greenway Trails on February 6, 2010, for a 5K and 1 mile Fun Run Fundraiser for Gabe’s Hope, Inc. – Amy Sims/ Mayor Scott McBrayer/J.J. Bischoff/ Chief of Staff - SPECIAL ISSUES COMMITTEE

08.03.09 Request for consideration to declare an emergency expenditure for payment to Gonzalez Strength Engineering for services rendered for the I-65/Lakeshore Additional Lanes Project from the Capital Projects Fund 2009/2010 – Mayor Scott McBrayer/ Greg Cobb/ Engineering Department - FINANCE COMMITTEE

10.03.09 Request for consideration to review current ordinances, policies and procedures regarding paving cuts – Vance Moody and Hunter Payne
- PUBLIC WORKS COMMITTEE

11.03.09 Request for consideration to review plans and policies regarding paving of public alleyways – PUBLIC WORKS COMMITTEE

16.03.09 Request for consideration of additional changes to the Building Codes – Anthony Smith – PUBLIC SAFETY COMMITTEE

17.03.09 Request to consider an amendment to the Sign Ordinance to allow signs on the backs of businesses on 18th Street – Anthony Smith – SPECIAL ISSUES COMMITTEE

There being no objections to the Committee Referral Agenda as amended with the deletion of Item Nos. 04.03.09 and 09.03.09 and the addition of Item Nos. 16.03.09 and 17.03.09, Mr. Smith moved to approve the Committee Referral Agenda. Mr. McClusky seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Committee Referral Agenda was approved without dissent.
The first item of business on the agenda under Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period November 21, 2009 through December 4, 2009.
Mr. Trippe stated that there were several questions from Mr. Payne concerning the invoices specifically relating to the Park Board and a response to those questions had been circulated from Mr. Berkley Squires/ Parks Director.
Mr. Payne stated that he received no e-mail from Mr. Squires or anybody else today as it related to the invoices in question. Mr. Payne further stated that the question was about a Water Works invoice for $6,981.00 for 490,000 gallons of water that was used at South Lakeshore Drive. Mr. Payne added that the significant part of his concern was the sewer fees that the City was paying and he could not see why the soccer fields were hooked up to the sewer system. Mr. Payne further added that he had other questions as well.
Mayor McBrayer stated that he had received a response from Mr. Squires and he had specifically sent it to Mr. Payne, but he had with him tonight a copy of that response. (A copy of the response was presented to Mr. Payne.)
Mr. Trippe stated that the way the Water Works Board billed was a little unusual and the bills seemed a little high, but the City would receive credits including the sewer.
Mr. Kendrick stated that all sprinkler systems, private or commercial, would receive a refund based on separate years that essentially showed the water did not go into the separate sewer system and therefore the City or the individual would get a credit.
Mr. Payne stated that if money was being approved going out, it would be a good idea to have awareness of what money was coming back in. Mr. Payne further stated that he had not seen any credits on any water bills and he had looked at every water bill for the last 12 months. Mr. Payne added that if water was being moved for irrigation, it was the City’s responsibility to report that water usage for irrigation so that monthly there would not be a charge for sewer, but he had seen no evidence that this had been done.
Mr. Underwood, at this time, asked the City Clerk to look at the water bills for the last 12 months and just verify the last time that a credit had been received from the Water Works Board, and if it was not in the last 12 months, he would like to know when the last credit was.
Mr. Trippe stated that Mr. Payne also had several questions about why invoices for basketball expenses and the HEAT Program were not booked to travel or equipment for basketball or HEAT, and the answer was that those were paid out of the Park Activity expense. Mr. Trippe further stated that registration fees for those corresponding activities come in as revenue under the Park Activity Revenue line item in the budget, so it was money in and money out as an offset, which was essentially what Mr. Squires’ response stated.
Mr. Payne stated that if the Park Board was collecting monies for something the City had paid for, such as basketball uniforms, then there should be an accounting of that money coming back to the City.
Mr. Trippe stated that it would be reflected in the revenue line item under Park Activity Revenue and as such it did not go to the Park Board, it came into the City.
Mr. Hooks stated that one of the issues that this raised was how the City was handling the invoices and the payable accounts. Mr. Hooks further stated that most cities would actually run those through the Finance Committee and it would come out as an approval of where the Finance Committee actually saw all of the invoices. Mr. Hooks added that he was aware that it was set up now where anyone on the council had the ability to see those invoices, but it required council members to come to City Hall on a Friday, Saturday or a Sunday to do that. Mr. Hooks further added that he would suggest that a new policy be considered that would allow that the expenses have to come before the Finance Committee before they come to the City Council for approval and review.
Mr. Underwood stated that he would place on the next Council agenda an item to review the current procedures regarding invoices.
Mr. Payne stated that there were also some Regions Bank credit cards that were being paid and he had noted there were three individuals that had almost $2,000.00 in charges, but there was no documentation to support those expenses. Mr. Payne further stated that there was an issue with department heads having credit cards, but they were turning in expenses without any documentation.
Mr. Trippe stated that the credit card bill needed to be paid and it was all in one bill. Mr. Trippe further stated that those three items were identified and the Mayor could simply request the supporting documentation from the appropriate department head. Mr. Trippe added that his recommendation tonight would be to pay those subject to the Mayor verifying the documentation from those department heads.
Mr. Underwood stated that he would place an item on the next council agenda to address the credit card policies and procedures.
Mr. Smith stated that he had a friendly amendment to Mr. Trippe’s motion. Mr. Smith stated that he would like to follow through on paying the bill, but to leave the agenda item on the council agenda as a place holder to serve as a reminder to make sure that the follow-up information on the three credit card charges had been received by the next council meeting.
Mr. Trippe stated that he would accept that amendment.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09 – 197
(A Resolution authorizing payment of the vouchers for all funds as listed in Exhibit “A” as attached to the Resolution for the payment period beginning November 21, 2009 through December 4, 2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-197 authorizing payment of the invoices for the period November 21, 2009 through December 4, 2009. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried by a vote of 9 to1 with 1 abstention. Mr. Hooks voted No. Mr. Payne abstained.
The next item of business to be considered under Other New Business was the request for consideration to approve the Consent to Settlement form for the Catherine Sims property.
Mr. Smith stated that the City had previously been willed several lots in Ward 1, referred to as the Catherine Sims Estate Property. Mr. Smith further stated that the estate had been in probate for some time and the Council had previously voted to accept that bequeath and to dedicate that property as public park land. Mr. Smith added that the estate was now ready to close that estate and has asked that the Mayor be authorized to execute the form consenting to the settlement of that estate and to accept the deed to that property.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09 – 198
(A Resolution authorizing the Mayor to execute the Consent to Settlement form in the Catherine Sims Estate)

Mr. Smith moved for the adoption and enrollment of Resolution No. 09-198 authorizing the Mayor to execute the Consent to Settlement form in the Catherine Sims Estate.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Moody stated that he was not involved in the original agreement to accept the property, so he would like to know if it was contingent in accepting the property that the City agreed to develop that property as a botanical garden.
Ms. Holladay stated that it was to be developed as a passive park.
Mr. Moody asked if the acceptance of that property also included the maintenance on the house.
Mr. Smith stated that there was a request that the City do so, but it was not a requirement of the acceptance of the bequeath and it was not part of the City’s authorization in accepting that property.
Mr. Moody asked if there was written documentation as to the cost.
Mr. Smith stated that there was no specific requirement or timeline as to when or how that property was to be developed, only that it be used as a botanical park. Mr. Smith further stated that there was no specific definition of what a botanical park was either.
Ms. Holladay stated that during the process, some volunteer promises were secured to help the City and the Park deal with the initial clean-up of the property and then to set the maintenance going. Ms. Holladay further stated that Mr. David Boggan (Landscape Division/Park & Recreation Department) had given a proposal on what it would cost and also gave a proposal on what the initial cleanup might cost, so the initial problem had been mitigated with the Boy Scouts and Friends of Shades Creek. Ms. Holladay added that she had spoken with the School Board and they had a lot of interest in being involved with the property as well.
Mr. Moody stated that there could be anticipated either expense to maintain the home or expense to remove the two homes that were there, one of which he understood would be moved by the Executrix.
Ms. Holladay stated that the Executrix was not planning on taking the home because of the expense of moving it.
Mr. Moody stated that the City would have the expense of either moving or maintaining two homes on the property or tearing them down. Mr. Moody asked if there was anything written to give the Council some idea of what was being committed to in terms of cost for this particular property.
Mr. Smith stated that at this point, all that was being committed to was accepting the property, which had already been accepted, and not using it for anything other than a botanical park, which was the only requirement under the will.
Mr. Moody stated that since the City was intending to undertake some financial obligation, was there a budget item for this or any idea of what it was going to cost.
Mr. Smith stated that it was probably up there with the development of West Homewood Park which had also been promised, but had not been done yet.
On a voice vote, the motion carried by a vote of 10 to 1. Mr. Moody voted No.
The next item under Other New Business was the request for consideration of a contract with ALDOT regarding safety improvements, guardrails, striping, etc. along I-65.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that this was a typical ALDOT agreement for work that ALDOT was going to do on I-65 in the ramps as they come off into Homewood. Mr. Cobb further stated that ALDOT was asking that the City maintain any work that they do that comes off their right-of-way onto the City’s right-of-way coming down to the bottom of the ramp, which was normally done anyway. Mr. Cobb added that the City Attorney had reviewed the agreement. Mr. Cobb further added that he was asking that the Council authorize the agreement to allow ALDOT to do the work they wanted to do.
Mr. Underwood stated that as he understood it, the City was not taking on some obligation or responsibility that it did not already have.
Mr. Greg Cobb again addressed the Council. Mr. Cobb stated that was correct, in his opinion the City was not taking on any additional obligation because the City had to maintain its roadways.
Mr. Trippe stated that it was his understanding that there was no funding requirement that it was just a simple agreement that was normally done at ALDOT’s expense.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09 – 199
(A Resolution authorizing the execution of a contract with ALDOT regarding safety improvements, guardrails, striping, etc. along I-65)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-199. Mr. Payne seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that at this time, he would like to consider the following items that were removed from the Committee Referral Agenda: Item No. 04.03.09 – Request for consideration of contracts for temporary accounting assistants; and Item No. 09.03.09 – Request for consideration of a contract for accounting review.
Mayor McBrayer stated that there was a third item that he would also like to have removed from the Committee Referral Agenda so that it could be considered tonight: Item No. 05.03.09 – Request for consideration of revising the current contract for accounting services for Sam Drummond. Mayor McBrayer further stated that he would like to speak on these three items in one issue.
Mr. Underwood stated that without objection from the Council, Item No. 05.03.09 would be removed from the Committee Referral Agenda and considered along with Item Nos. 04.03.09 and 09.03.09. There was no objection from the Council.
Mayor McBrayer stated that four of the five people in the accounting department were now gone, so Sam Drummond and Jennifer Caldwell had been brought in to do temporary work. Mayor McBrayer further stated that in discussions with the Jefferson County Personnel Board, they understood what kind of work they were fulfilling so the City could have an overall comprehensive plan that would address the accounting needs. Mayor McBrayer added that in the beginning, Mr. Sam Drummond was doing some menial work when the city still had a Senior Accountant, but his duties had now increased because there was no longer a Senior Accountant. Mayor McBrayer further added that he was requesting that Mr. Drummond be paid commensurate with the services that he was providing, so he was asking for $40.00 per hour for him and $12.00 per hour for Jennifer Caldwell, the temporary accounting assistant.
Mayor McBrayer stated that regarding Item No. 09.03.09, the request for consideration of a contract for accounting review, he was requesting approval to enter into a contract with Barfield, Murphy, Shank & Smith, the second largest accounting firm in Birmingham. Mayor McBrayer further stated that he would like for them to look at the accounting books to make sure that everything that had been brought in and that had gone out had been coded correctly and to see if there was anything that we could be doing that we were not and should not be doing that we were. Mayor McBrayer further stated that an agreement had been negotiated for them to come in for two days and they would be paid for one day and one day would be provided at no charge.
Ms. Holladay stated that as she understood it, the Personnel Board was in discussions with the City to determine what the new accounting department structure would be. Ms. Holladay asked if there was any idea of the timeframe for the temporary services
Mayor McBrayer stated that it would depend on several things and it would be an overall accounting setup that would have to be approved through the Personnel Board. Mayor McBrayer further stated that right now the temporary employees were not under the Personnel Board, but typically the accounting positions were Personnel Board positions. Mayor McBrayer added that it would probably take three months for the process to be completed, but not for the decisions to be made.
Ms. Holladay asked how many hours per week the employees would be working.
Mayor McBrayer stated that none of them were working 40 hours per week at the present time, but he would like to go ahead and plan on 40 hours per week.
Mr. Jones left the Council Chambers at this time (7:46 p.m.).
Following some discussion, Mr. Smith stated that he would like to offer a motion on Item No. 04.03.09.
Mr. Smith then moved to approve the hiring of one additional person at $12.00 per hour for up to 40 hours per week. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that before the Council at this time was Item No. 09.03.09 regarding a contract with Barfield, Murphy, Shank & Smith.
Mr. Smith stated that just for clarification, the work to be performed by Barfield, Murphy, Shank & Smith would be for just two days and essentially they would be paid for one full day and the second day would be at no charge.
Mayor McBrayer stated that was correct.
Mr. Smith moved to approve a contract with Barfield, Murphy, Shank & Smith for accounting review. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Moody asked what specific tasks the firm would be undertaking.
Mayor McBrayer stated that specifically they would be reviewing the books to determine if things were coded correctly and perhaps make recommendations on things that could be done differently.
Mr. Hooks asked the Mayor if he had an idea in terms of the price for this accounting review.
Mayor McBrayer stated that the city would be paying one person $125.00 an hour for one day (8 hours) and the second day would be at no charge.
Mr. Smith, at this time, called the question on the motion on the floor. Mr. Underwood asked if there were any further comments or questions from the council.
There was no response from the council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that before the Council at this time was Item No. 05.03.09 – Request for consideration of revising the current contract for accounting services for Sam Drummond. Mr. Underwood further stated that he understood this would reflect an increase in the hourly rate for Mr. Drummond.
Mayor McBrayer stated that was correct, that his request was for 40 hours per week at $40.00 per hour.
Mr. Payne asked how much time Mr. Drummond had left on his 90-day contract with the city.
Mayor McBrayer stated that he had until January 15, 2010.
Mr. Payne stated that he would like to see Mr. Drummond honor his 90-day contract at the rate stated in that original agreement and then consider the new rate under a new term.
Mayor McBrayer stated that he had asked Mr. Drummond to increase his duties, but if the council just wanted him to do what he was continuing to do when there was a Senior Accountant then he was perfectly willing to do that. Mayor McBrayer further stated that he had asked him to do additional things that deserved additional money.
Mr. Smith asked if there was anything showing what the job description was under the original contract.
Mr. Kendrick stated that the original contract was to provide accounting services.
Following some discussion, Mrs. Langlow moved to approve the change in the rate of pay to $40.00 per hour for Mr. Sam Drummond for 40 hours per week through the term of the existing contract, January 15, 2010, effective immediately. Mr. Trippe seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Underwood stated that as he understood it, this would be changing the rate from $18.00 to $40.00 per hour up until January 15, 2010, when the term of the contract would expire.
Mayor McBrayer stated that was correct that he was not requesting an extension of the contract.
Ms. Holladay stated that her understanding was that it would be at least three months that the temporary help would be needed, so why was an extension of the contract not being requested since the original contract would expire on January 15, 2010.
Mayor McBrayer stated that it could be that he would have to ask for an extension, but he would like to have it all worked out by then.
Ms. Holladay stated that she just wanted everybody to understand what the financial commitment potentially was, that it might not be just until January 15th.
Mr. Smith stated that it was his understanding the initial contract for Mr. Drummond provided some limited set of accounting services which was just generic accounting services of which he had to pass CPA exams certifying him able to do all sorts of accounting services including the stuff he was doing before, the stuff he was doing now, and any additional accounting services that was asked of him over the next 45 days or whatever amount of time was left on the original contract.
Mayor McBrayer stated that was correct.
Following much discussion, Mr. Underwood stated that it would be appropriate for the Mayor to provide to the council a description of the duties under the $40.00 per hour rate that he was not doing before. Mr. Underwood further stated that this would help in understanding the change in the scope of services beyond just the words accounting services.
Upon roll call, the votes were Ayes: Scott, Moody, McClusky, Hooks, Langlow, Trippe and Underwood. Nays: Smith, Holladay and Payne. The motion carried by a vote of 7 to 3.
The next item of business to be considered under Other New Business was Item No. 13.03.09 – Request to discharge from the Finance Committee Item 06.01.09 – Request for consideration to pave the alley at the end of Forrest Drive for safety purposes.
Mr. Smith requested that this matter be left in committee for one more meeting so that it could be discussed a little further.
Mr. Trippe stated that he had no objection to Mr. Smith’s request based on the information he had received. Mr. Underwood stated that without objection, the aforesaid Item No. 13.03.09 would be referred to the Finance Committee.
Mr. Smith stated that the Public Safety Committee would meet on Monday, December 14, 2009 at 6:00 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, December 14, 2009 at 5:30 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, December 14, 2009 at 6:30 p.m.
Mr. Moody stated that he would like to comment again on the Sims Property item. Mr. Moody further stated that for clarification, he does not have any issue at all personally with receiving that property and no issue at all with the development of that property, but he found it remarkable that this council, two items after talking about water bills and all these other things, accepted for approval an item with no committee consensus, no line item in the budget, no priority list that showed where this was in the Park Board priorities, or an idea of the cost. Mr. Moody added that he found that remarkably inconsistent.
Mr. Kendrick, at this point, stated that a public hearing date would need to be set for Item No. 03.03.09 – Request for consideration of the Planning Commission’s favorable unanimous recommendation to rezone the properties located at 2537 Central Avenue, 2539 Central Avenue and 1734 26th Avenue South (Parcel ID Nos. 28-00-07-2-010-006.000, 28-00-07-2-010-007.000, and 28-00-07-2-010-009.000) from R-7 to NPD.
Mrs. Langlow moved to establish a public hearing date to consider the aforesaid matter on January 11, 2010. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee would meet on Monday, December 14, 2009 at 7:00 p.m.
Mayor’s Comments:
Let me just say before I forget, thanks to Mrs. Cook on a couple of different accounts. First of all for the work that she and her very limited staff are doing. They are under a lot of stress, but they continue to work hard to try to do the right thing, so bear with her. I know a lot of people have a lot of different requests. I am also requesting things from her and I would not want to do her job. The other thing I want to thank her for is as Mrs. Langlow and I talked about this afternoon, just how much she does for things like the parade, because she does not have to do that. She always takes a Saturday and supports the council and does a lot of work having those signs and decorations made up, so thank you very much for doing that.

I will be brief on this part and I really wasn’t going to speak on it tonight, but after tonight’s meeting, let me just say this. I know what you are trying to get accomplished is not easy. I know that there has to be a certain amount of comfort level for decisions that you make; I understand that too. I just want to make sure that we all try as much as we can to stay focused. First of all that we are a group of neighbors trying to get some good things done for the City of Homewood. Good neighbors can disagree, but we don’t have to be disagreeable in doing that. I feel a tremendous responsibility and burden to hurry this process up, but I am not going to do that in lieu of making wrong decisions or not taking the opportunity to get this done correctly. We have got too big of an opportunity. I know there are some people that are frustrated, but none more so than me. When I ran for this position, I don’t think anybody knew some of the situations that we were in. It is a credit to you as a council for authorizing the audit and going back and looking at stuff like that. It gives us a good opportunity and we are not going to miss that opportunity. I don’t want to be a part of missing that and I know you don’t. I have talked with just about all of you individually; we talk a lot one on one. I think for the most part our heart is in the right place. Again, we can have some disagreements on some policies and procedures, but we have always made some pretty good decisions and I don’t have any reason to believe that this is going to be any different. I didn’t mean for it to be a somber as it is, but I will tell you, we get a lot of pressure from a lot of different people and places to hurry up. But, I ran for mayor, and I would appreciate the opportunity to give me enough time that I am ready to present this. That is what I am asking for and I am asking you to believe in me; I believe in you. I believe we are going to make the right decision. I believe we are going to have an opportunity to get City Hall from first to fourth situated in a way that is cost-effective and ultimately get you to run the city like it is a business. The expenses and the revenues part, you can run that like a business, but when it comes to personnel issues, there are other factors involved. It is not as easy as running a private business where I can walk in and say, “You know what, I’ve had it with you,” and you’re done. About the only one they can appeal to is their husband or wife when they get home. So there are other factors, and I thank Mike. He gets tired of me calling I am sure, but I am not going to do something that is going to intentionally end up hurting us financially either. I don’t have that luxury and it is nice to talk about it and it’s nice to say I would do this or I would do that, but until you put your name on the bottom line and know that you either just made us liable or didn’t, it becomes a different issue. I have said before and I will say again, and I certainly don’t mean it in an arrogant way by any means, but I will say it in a very confident way; I talk about sports a lot, when it’s fourth down or it is two outs, I want the ball. I have always just been crazy enough to think I was the one that could do it. We have got a lot of people that believe in us and know that we are going to make the right decisions; we are. I have probably said too much, but I think these things are important. I think a lot of us are frustrated because we see how it can be. We do see the opportunity of how things can be. You can rest assured that they will be, but everything in due time. I appreciate your individual and collective support of me. I won’t let you down. I won’t let my friends down and I won’t let my family down. My name and reputation are on the line just like all of you here. I don’t have to be mayor so bad that I am willing to lie and be unethical and do and say things that are not true to try to get us to some point that I want you to be at. I will present the facts to you as I know it and then hopefully as a city we will all be able to make some good decisions. For those of you that who were willing to throw your name in the hat and who were willing to fight the fight, because it is real easy to stand on the sidelines, real easy. It is easy to sit in the stands and yell at a coach, but there are some people that are willing to roll up their sleeves and get out here and still be up at l:00 o’clock in the morning worrying about stuff when everybody else has gone to bed. My grandpa had a saying that if I tell you that a chicken dips snuff – you better look under his wing for the box. If I tell you something, you can take it to the bank. I am sorry, but I get a little passionate and I have had this built up for quite a while so forgive me for that, but I mean what I say on it. I am proud to be associated with you all and I think before long these meetings and the committees and all those kind of things I really believe that we will be glad that we fought through all of this to get to the point that we want to be. What would concern me more would be to have a group of people who really did not give a rip. So if nothing else, I appreciate your passion.

There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.

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