M I N U T E S

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

M I N U T E S

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

January 11, 2010

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, January 11, 2010 at City Hall at 6:00 p.m. The invocation was given by Dr. Don Campbell (First Baptist Church of Birmingham), after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President Pro Tempore, Allyn Elizabeth Holladay. Upon roll call, the following were present: Anthony Smith, Sam Scott, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, David Hooks, Jackie Langlow, Allan Trippe and Allyn Elizabeth Holladay. Absent: Jeff Underwood. Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
Mr. Hooks moved to dispense with the reading of the Minutes of the December 21, 2009 meeting and approve them as distributed. Mr. Scott seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.
Ms. Holladay, at this point, recognized Chief John Bresnan (Fire Department) to address the Council in recognition of Lt. Brian Bonner (Fire Department) for his completion of the Executive Fire Officer Development Program.
Chief Bresnan introduced Lt. Brian Bonner/ Fire Department. Chief Bresnan stated that Lt. Bonner recently completed a 4-year program called the Executive Fire Officer Development Program where he attended the National Fire Academy and applied research projects associated with the program. Chief Bresnan further stated that Lt. Bonner had been awarded the Certificate of Executive Fire Officer. Chief Bresnan then read a letter he had received from the Superintendent of the National Fire Academy as follows: “Please accept my sincere thanks for your support of Fire Lieutenant Brian C. Bonner during his participation of the U.S. Fire Administration’s National Fire Academy’s Executive Fire Officer Program. Lt. Bonner has now successfully completed the NFO and the required applied research. On behalf of the National Fire Academy, the enclosed Executive Fire Officer Certificate has been forwarded to you for formal presentation to this dedicated member of your department.” Chief Bresnan read the Certificate of Executive Fire Officer to the Council and audience as follows: “In recognition of successful completion of the requisite courses of study and applied research projects, the National Fire Academy, under the authority granted by the 93rd Congress of the United States of America and on recommendation of the faculty, confers the title of Executive Fire Officer upon Brian Christopher Bonner with all honors, privileges, and responsibilities thereunto appertained.”
The Council congratulated Lt. Bonner on his achievement.
Ms. Holladay asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 18.04.10 – Request to consider the Chamber of Commerce plan for the 2009/2010 allocation. (Allyn Elizabeth Holladay) (This item was added to the Committee Referral Agenda and referred to the Finance Committee)
New Business: Item No. 19.04.10 – Request to consider Greystone Food’s development plan for the Pasquale building. (Sam Scott) (This item was added to the Committee Referral Agenda and referred to the Finance Committee)
Ms. Holladay stated that without objection from the Council, the aforementioned items would be added to the agenda.
Mr. Hooks stated that with the Mayor’s acceptance, he would like to add Saulter View and South Wellington to Item No. 06.04.10 on the Committee Referral Agenda regarding the request for decorative street signs.
Ms. Holladay stated that without objection, Saulter View and South Wellington would be added to Item No. 06.04.10 on the Committee Referral Agenda. There was no objection from the Council or Mayor McBrayer. (See Page 18 of these Minutes for full description of item No. 06.04.10 as amended)
Ms. Holladay stated that at this time she would like to consider the Consent Agenda.
Ms. Holladay stated that in regard to the sole item on the Consent Agenda, she seemed to recall from the Public Safety Committee meeting that there was a question about the thickness of a wall due to the sprinklers and she would like to know if that issue was resolved.
Mr. Smith stated that the last word on that was that the Fire Department had indicated that it was not an issue.
Chief John Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that was correct, he was quite sure it was not an issue.
Ms. Holladay asked if there was any objection to the Consent Agenda as presented.
*CONSENT AGENDA

16.03.09 Request for consideration of additional changes to the Building Codes – Public Safety Committee - Action Taken: The Public Safety Committee on 01/04/2010 recommended dropping this item with a letter of interpretation from Jerry Crowe/Building Superintendent/Inspections Department.

There being no objections to the Committees’ recommendations on the Consent Agenda items, Mr. Smith moved to approve the Consent Agenda. Mrs. Langlow seconded the motion.
Ms. Holladay 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.
Ms. Holladay stated that she would like to consider as the first order of business Item No. 16.04.10 under Other New Business – Request for consideration of a presentation from the Alabama Department of Transportation (ALDOT) regarding the Highway 280 Project.
Ms. Holladay stated that before the presenters came forward, she wanted to emphasize that this was not a public hearing it was merely an informational presentation. Ms. Holladay further stated that she planned to refer this matter to the Planning and Development Committee following tonight’s presentation and there would be ample opportunity to discuss this issue here at City Hall and with representatives from ALDOT.
Mr. Brian Davis (Third Division Engineer/Alabama Department of Transportation in Birmingham) addressed the Council. Mr. Davis stated that there had been a lot of activity on the Highway 280 issue over the last several years and an elevated toll facility had been studied. Mr. Davis further stated that ALDOT had studied it in the eastern and western segments and they were aware that the western section from the Red Mountain Expressway to I-459 clearly did not have consensus for that idea. Mr. Davis added that subsequent to that, a letter had been received from the mayors of Mountain Brook and Homewood asking that ALDOT consider other changes. Mr. Davis then read sections of the letter as follows: “We propose, instead, that grade separation structures, where there are now traffic lights, can reasonably raise capacity without blighting our beautiful ridge-and-valley landscape,” and “We believe that the replacement of the limited existing at-grade intersections on US 280-Western Segment, similar to those already in place at Hollywood Boulevard, Shades Creek Parkway and Pump House Road, can provide reasonable improvement without ruining our landscape and damaging our neighborhoods. We are ready to be a part of such a solution.” Mr. Davis further added that ALDOT had developed a concept that would be presented tonight and it would be presented back as a legitimate concept that was on the table.
Mr. Davis stated that it was very preliminary in nature, but it would show what ALDOT had been asked to look at and what had been done with that. Mr. Davis further stated that Mr. Lance Taylor, who was over all of the design in the Birmingham metropolitan area, was present tonight to go through the presentation in detail.
Mr. Lance Taylor (Pre-Construction Engineer/Alabama Department of Transportation) addressed the Council. Mr. Taylor presented a video/slide presentation to the council at this point. Mr. Taylor explained that the level of service for traffic on US 280 was “F,” a failing grade, which meant that there was a complete failure of the traffic flow, at a time when it was projected that the traffic would double on US 280 by the year 2030. Mr. Taylor further stated that the Alabama Department of Transportation (ALDOT) had been repeatedly trying to find some means of solution to help the traffic in that corridor. Mr. Taylor added that ALDOT had looked at the western and the eastern segments and they were aware that there was no consensus in the western half which had resulted in suggestions to use urban interchanges, bridges, tight clover leafs, anything to try to come back to a less obtrusive design that would not be an elevated structure from one end to the other. Mr. Taylor then presented renderings that would include four toll lanes as well as the six free lanes that were in existence today and what ALDOT proposed to do at various intersections in the corridor to help promote the free movement of traffic through the US-280 area. Mr. Taylor emphasized that the proposal was very preliminary in nature so there was a lot of leeway in what had been designed at this point.
Following the video/slide presentation, Ms. Holladay asked if the Council had any questions or comments.
Mr. Smith asked for an explanation of how the traffic was going to be dumping off onto Highway 31 in that whole intersection at that end with the additional increase.
Mr. Brian Davis again addressed the Council. Mr. Davis stated that the two ramp lanes onto the Red Mountain Expressway going in toward Birmingham would come to predominant free-flow movement because the toll-way express lanes would be those two lanes. Mr. Davis further stated that of the three service roads in that area, one would be forced to come inbound to Homewood, one would be forced to go outbound to Mountain Brook, and one would be allowed to merge onto the toll facility in a far enough distance to make adequate merge without congesting the traffic movement.
Mr. Jones asked if there was any coordination with the Birmingham-Jefferson County Transit Authority (BJCTA) on how transit would coordinate with this proposal or any HOV lane possibility.
Mr. Brian Davis again addressed the Council and stated it was still so early in the process, that this had not been addressed as yet.
Mr. Scott asked about the timeline for construction from beginning to completion.
Mr. Davis stated that depending on the design process, the agreement of Homewood and Mountain Brook, and if ALDOT felt it was appropriate to go ahead with the design, as soon as that design was complete which would take at least one year, then it would take approximately 3-1/2 years for construction.
Mrs. Langlow stated that she appreciated ALDOT looking at the concepts and the requests that Homewood, Mountain Brook and some other communities shared, but she would say that particularly for that area that she represented, there was still a lot of questions and opposition certainly as it related to the elevated structure. Mrs. Langlow further stated that some of the concerns were (1) concept, (2) commercial tax revenue, (3) residential property tax revenue, (4) the right-of-ways, (5) noise mitigation, (6) environmental protections and impacts on water quality and air quality, (7) the scope and cost, and (8) the success and financing of toll roads. Mrs. Langlow added that there was agreement with the statement from the previous mayor of Homewood, but now there was a different mayor and there would probably be a different statement, but some of those same things would remain. Mrs. Langlow further added that Mr. Walter Kulash, a nationally recognized engineer and planner would be in town January 19-21, 2010, and there would be a meeting at Homewood City Hall on January 20, 2010 at 7:00 p.m. for him to answer some questions and express other things for people to better understand.
Ms. Holladay, at this point, stated that the aforesaid matter would be referred to the Planning and Development Committee.
The first item of business on the agenda under Old Business was the request for consideration of traffic concerns in the vicinity of the intersection of Poinciana Drive and Hampton Drive.
Mr. Smith stated that the Public Safety Committee met and voted 5 – 0 to recommend, and he moved, to install a traffic circle at the intersection of Poinciana Drive and Hampton Drive as recommended by Mr. Jody Chesnut (Traffic Department) and to refer this item to the Finance Committee for funding.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was some discussion.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that the aforesaid matter would be referred to the Finance Committee as recommended.
Ms. Holladay stated that this was the time and the place for the Public Hearing January 11, 2010, for consideration of Speed Reduction Measures on Roseland Drive generally between Ridge Road and Broadway.
Ms. Holladay asked the City Clerk if the public hearing had been properly noticed.
Mrs. Cook replied, yes.
Mr. Jody Chesnut (Traffic Department) addressed the Council. Mr. Chesnut stated that this particular neighborhood had been having for several years a situation with speeds and cut-thru traffic. Mr. Chesnut further stated that different approaches had been tried in order to address the problem, such as signage and increased enforcement, but there continued to be a problem. Mr. Chesnut added that he had performed traffic counts and studied the area very carefully, and had come up with different ideas, one of which was speed humps. Mr. Chesnut further added that the speed humps would not be the asphalt type, but rather a rubberized speed hump that was more uniform in design and could be set up to accommodate the wheel base of emergency vehicles.
Ms. Holladay asked if there was anyone who wished to speak in favor of or in opposition to this matter.
Mr. Roger White (1520 Roseland Drive) addressed the Council. Mr. White stated that he was in favor of the speed humps. Mr. White further stated that the city had generated a traffic study and found that between West Glenwood and East Linwood on Roseland Drive, 70 percent of the traffic was exceeding the posted speed limit of 25 miles an hour, 21 cars were doing 50 miles an hour, and 5 cars were doing over 70 miles an hour. Mr. White further stated that the solution that was found that would not place a financial burden on the city and the taxpayer was the installation of “speed cushions,” which was a new traffic calming device made of rubber that was easier to work with than asphalt and concrete and could be relocated when a municipality needed to test a street or a product. Mr. White added that according to a study by the American Journal of Public Health, there was a 60 percent reduction in the odds of an injury or death in neighborhoods with traffic calming devices. Mr. White further added that 80 percent of the constituents that lived between West Glenwood and East Linwood had signed the petition requesting speed calming devices in the area.
Ms. Holladay asked if there was anyone else who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
Ms. Holladay, at this point, declared the public hearing concluded.
Ms. Holladay asked if the Council had any questions or comments regarding this matter.
Mr. Scott asked if it had been decided where the three speed cushions would be installed.
Mr. Jody Chesnut (Traffic Department) again addressed the Council. Mr. Chesnut stated that the main place he was looking at was in the area between East Linwood and West Glenwood which was where the highest speed averages were.
Mr. Kendrick, at this time, presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to provide for the installation of speed humps on or along Roseland Drive within the City of Homewood)

Following the first reading of the proposed Ordinance, Mr. Smith moved to send the aforesaid item to the Finance Committee. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mayor McBrayer stated that in regard to the petition, was it only the people in the area that was affected that had to be petitioned or did it include people down the length of Roseland Drive or the side streets? Mayor McBrayer further stated that he was asking the question because it appeared that just the residents in the 1500 block had signed the petition.
Mr. Kendrick stated that the ordinance required that at least two-thirds of all residents on the affected street should sign the petition. Mr. Kendrick further stated that the speed humps would not affect the entire street, and based on the petition, it defined the installation of speed humps on or along the street from some point to another point.
Mr. Roger White again addressed the Council. Mr. White stated that the “affected” street was between West Glenwood to East Linwood, which was where the traffic study indicated there was a problem. Mr. White further stated that there were other streets that had several accesses to get to Oxmoor Road prior to getting to West Glenwood and East Linwood. Mr. White added that there were also streets that had stop signs that were at such short distances that the traffic did not have an opportunity to accelerate, versus the two-tenths mile between West Glenwood and East Linwood where the traffic accelerated in order to catch up from slowing down at all the stop signs.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that the aforementioned item would be referred to the Finance Committee.
Ms. Holladay stated that this was the time and the place for the Public Hearing January 11, 2010 to consider the request from Brookwood Medical Center with regard to their pending development project.
Mr. Kendrick stated that Brookwood Medical Center had published the required notice on behalf of the City.
Mr. Garry Gause (President/CEO – Brookwood Medical Center) addressed the Council and introduced other officers who were present in the audience. Mr. Gause stated that under this project, which was a slight deviation from the project that had been presented previously, Brookwood Medical Center was proposing and had received approval from the State Certificate of Need Board to construct expansions on both the east and west end of the Brookwood campus. Mr. Gause further stated that on one end of the campus would be an expansion of the mental health services of approximately 19,000 square feet which would add 45 beds to the current facility. Mr. Gause added that on the other end of campus would be an expansion to what was the State of Alabama’s first Women’s Hospital which would add approximately 122,000 square feet. Mr. Gause further added that the mental health expansion would take about one year from beginning to end and the Women’s Hospital project would take a little under two years to complete, but when finished Brookwood Medical Center would be expanded to 631 beds.
Mr. Gause stated that the total amount of investment was approximately $65 million ($65,000,000.00) and as such, Brookwood Medical Center was requesting the partnership of the City of Homewood on a couple of different fronts, all of which was presented to the Finance Committee, and a package describing such had been distributed to the City Council.
Ms. Holladay asked if there was anyone who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
Ms. Holladay, at this point, declared the Public Hearing concluded.
Ms. Holladay asked if the Council had any questions or comments regarding this matter.
Mr. Hooks asked if Brookwood Medical Center had agreed to the changes negotiated in the Grant Agreement.
Mr. Kendrick stated that was correct, that he had the signed Grand Agreement that they had presented to him at the meeting.
At this point, Mr. Kendrick read the proposed Resolution to the Council.
Following the reading, Mr. Kendrick presented the Resolution for Council’s consideration:
Resolution No. 10-01
(A Resolution authorizing the execution of the Grant Agreement for the 2010 Brookwood Medical Center Expansion Project and the issuance of a Limited Obligation Ad Valorem Tax Warrant, Series 2010/ Brookwood Medical Center Expansion Project)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-01. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Trippe stated that he would like to thank all of the representatives of Brookwood Medical Center and the Council for a lot of hard work in helping the Finance Committee and this Council make its decision.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request to consider bid results for the In-Car Camera System/ Police Department (Bid Opening held on December 14, 2009 at 5:30 p.m.).
Mr. Trippe stated that the Finance Committee met and voted unanimously to recommend rejecting all bids for the In-Car Camera System and to set a new bid date as recommended by Lt. Dan Smith/ Police Department. Mr. Trippe further stated that in review of the bids received no one met specifications with the money in the grant.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-02
(A Resolution rejecting all bids received at the bid opening on December 14, 2009, for the In-Car Camera System for the Police Department as no one met bid specifications for the money in the grant)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-02 rejecting all bids for the In-Car Camera System for the Police Department (Bid Opening held on December 14, 2009). Mr. Smith seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Trippe requested that a Bid Opening be held on February 15, 2010 at 5:30 p.m. for the In-Car Camera System and send the item back to the Finance Committee.
Chief Phil Dodd (Police Department) addressed the Council. Chief Dodd stated that the Police Department had applied for and received conditional approval of another zero-match grant in the amount of $25,000.00 for the In-Car Camera System Project which would bring the total of zero-match grants for this project to just under $124,000.00. Chief Dodd further stated that this should be enough to complete the entire project and the Police Department would be very close to having camera systems in all of the cars.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that a bid opening would be held for the aforesaid In-Car Camera System on February 15, 2010 at 5:30 p.m. as requested.
The next item of business under Old Business was the request for consideration of a variance to the Sign Ordinance at 197 Oxmoor Road (Carried over from the December 21, 2009, Council meeting).
Ms. Holladay stated that she had spoken to the petitioner earlier today and he had a proffer to make to the Council to perhaps make this request more attractive.
Mr. Larry Hollis (Hollis Electric Company/ Representing Moore Oil Company) addressed the Council. Mr. Hollis stated that he had spoken with Mr. Rocky Neason (General Manager/ Moore Oil Company) who was present tonight and he had agreed that if the Council would approve the variance, that in seven (7) years, the sign structure and everything would be taken down and brought into conformity to the new Sign Ordinance at that time.
Mrs. Langlow asked if that ran up to the time of the lease or was it seven years less than that.
Mr. Larry Hollis again addressed the Council and stated that there was a contract on the station for ten years, but at the end of seven years it would be a lot cheaper to buy it out and move on.
Mrs. Langlow stated that she appreciated the hard work that had gone into accommodating the Council. Mrs. Langlow further stated that she was willing to reconsider this issue because she felt like it was a very solid proffer for what the Council had laid out that needed to be done.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-03
(A Resolution agreeing to grant a variance to the Homewood Sign Ordinance at 197 Oxmoor Road/ Moore Oil Company, said variance to expire at the expiration of seven [7] years from the date of adoption of the Resolution)
Mrs. Langlow moved for the adoption and enrollment of Resolution No. 10-03 granting a variance to the Sign Ordinance to Moore Oil Company at 197 Oxmoor Road to terminate at the expiration of seven (7) years from the date of adoption of the resolution. Mr. McClusky seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Ms. Holladay stated that the petitioner was aware of her stand on this issue as was the Council, but she greatly appreciated the efforts of the Council, the sign company and the jobber on this issue.
On a voice vote, the motion carried by a vote of 7 to 3. Ms. Holladay, Mr. Payne and Mr. Smith voted No.
The next item under Old Business was the Bid Opening January 11, 2010, to replace a section of wall on Griffin Creek near the new Fire Station No. 1 (Carried over from the December 21, 2009 Council meeting).
Mr. Trippe stated that bids were opened tonight and three responsive bids had been received on the wall section and two responsive bids on the fence portion. Mr. Trippe requested that the matter be referred to the Finance Committee for funding.
Ms. Holladay stated that without objection, the aforesaid matter would be referred to the Finance Committee as requested.
Ms. Holladay stated that this was the time and the place for the Public Hearing January 11, 2010, to consider 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.
Ms. Holladay asked if this matter had been properly noticed.
Mrs. Cook stated Yes.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that the issue of rezoning these particular properties came up during the summer of 2009 when one of the adjoining properties requested a rezone at which time the Planning Commission realized there were some additional properties that should be rezoned to NPD (Neighborhood Preservation District) for consistency. Mr. Cobb further stated that a public hearing was held before the Planning Commission and there was no opposition to the rezoning at that hearing. Mr. Cobb added that one of the properties was vacant and the other two lots had single-family homes on them. Mr. Cobb further added that the vacant property was not a very usable piece of property because it was bisected by Griffin Creek, with one small piece on each side of the creek.
Ms. Holladay asked if there was anyone who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
At this point, Ms. Holladay declared the Public Hearing concluded.
Mr. Kendrick, at this time, presented the following Ordinance for the first reading:
Ordinance No. ________
(An Ordinance to further amend Ordinance No. 1602 of the City of Homewood entitled “The Zoning Ordinance and the Zoning Map of the City of Homewood,” as heretofore adopted on the 9th day of December, 1986, and as heretofore amended – Rezone of the properties located at 2537 Central Avenue, 2539 Central Avenue and 1734 26th Avenue South from R-7 to NPD)

Mrs. Langlow moved for unanimous consent to consider the proposed Ordinance as read tonight. Mr. Scott seconded the motion.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Holladay. Nays: None. The motion for unanimous consent carried without dissent.
At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:
Ordinance No. 2409
(An Ordinance to further amend Ordinance No. 1602 of the City of Homewood entitled “The Zoning Ordinance and the Zoning Map of the City of Homewood,” as heretofore adopted on the 9th day of December, 1986, and as heretofore amended – Rezone of the properties located at 2537 Central Avenue, 2539 Central Avenue and 1734 26th Avenue South from R-7 to NPD)

Mrs. Langlow moved for the adoption, enrollment and publication of Ordinance No. 2409 as provided by law. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Holladay. 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 under Old Business was the request to consider an amendment to the Sign Ordinance to allow signs on the backs of businesses on 18th Street.
Mr. Hooks stated that the Special Issues Committee met and voted 5 – 0 to recommend the drafted ordinance as presented by Mr. Greg Cobb (Engineering Department) amending Section 5-190(B) of the Sign Ordinance entitled “Maximum Number for Sign Districts I, II, IV & V of Division 5 entitled “Attached Signs” of Article V entitled “Signs” of Chapter 5 of the Code of Ordinances of the City of Homewood allowing signs on the backs of businesses on 18th Street South.
Mr. Kendrick, at this time, presented the following Ordinance for the first reading:
Ordinance No. ________
(An Ordinance to amend Section 5-190.B entitled “Maximum Number for Sign Districts I, II, IV & V” of Division 5 entitled “Attached Signs” of Article V entitled “Signs” of Chapter 5 of the Code of Ordinances of the City of Homewood, Alabama)

Mrs. Langlow moved for unanimous consent to consider the proposed Ordinance as read tonight. Mr. Moody seconded the motion.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Holladay. Nays: None. The motion for unanimous consent carried without dissent.
At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:
Ordinance No. 2410
(An Ordinance to amend Section 5-190.B entitled “Maximum Number for Sign Districts I, II, IV & V” of Division 5 entitled “Attached Signs” of Article V entitled “Signs” of Chapter 5 of the Code of Ordinances of the City of Homewood, Alabama)

Mrs. Langlow moved for the adoption, enrollment and publication of Ordinance No. 2410 as provided by law. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Holladay. 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.
Mr. Trippe stated that the Finance Committee met and voted unanimously to recommend extending for one year the River Tree Systems, Inc., audit contract without any changes.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-04
(A Resolution authorizing the Mayor to enter into a contract with River Tree Systems, Inc., to provide auditing services 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. 10-04 extending for one year the River Tree Systems, Inc., audit contract without any changes from the existing contract.
Ms. Holladay 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. Payne abstained.
The next item under Old Business was the request for consideration of replacing mobile equipment.
Mr. Trippe stated that the Finance Committee met and voted unanimously to recommend authorizing Mayor McBrayer and the City Clerk to enter into a new lease agreement with Sprint/Nextel for services as recommended by Mr. James Yates (IT Department). Mr. Trippe further stated that the mobile equipment lease was a lease agreement for wireless cards for laptops and not an agreement for two-way radios or cell phones.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-05
(A Resolution authorizing the Mayor to enter into a mobile equipment lease agreement with Sprint/Nextel to provide wireless cards for laptops for the City to replace an expiring agreement and at no additional cost to the City, pursuant to the terms and conditions of the Agreement attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-05 authorizing a mobile equipment lease agreement with Sprint/Nextel to provide wireless cards for laptops for the City of Homewood to replace the expiring agreement at no additional cost to the City.
Ms. Holladay 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 unanimously to recommend authorizing a bid date to be set at the Council meeting of January 11, 2010, to replace a wrecked Police motorcycle. Mr. Trippe further stated that Chief Phil Dodd (Police Department) had requested that the bid opening be held on February 8, 2010 at 5:30 p.m.
Ms. Holladay stated that without objection, a bid opening would be held on February 8, 2010 at 5:30 p.m. to replace a wrecked Police motorcycle. There was no objection from the Council.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend extending Ellen Morgan’s contract for event coordinator services for three (3) months as requested by Mayor McBrayer.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-06
(A Resolution authorizing the Mayor to enter into a personal services contract with Ellen Morgan to provide event coordinating services at Rosewood Hall at the Municipal Complex)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-06. Mr. Scott seconded the motion
Ms. Holladay 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 of a resolution authorizing payment of invoices for the period December 5, 2009 through December 18, 2009 (This item was carried over to the January 11, 2010 Council meeting for confirmation of receipt of additional information on a Regions credit card charge for the Streets and Sanitation Department; invoices for this payment period were approved at the December 21, 2009 Council meeting).
Mr. Trippe stated that he needed to get with Mr. Bischoff regarding this matter and requested that the matter be carried over one more time.
Ms. Holladay stated that without objection, the aforesaid item would be carried over.
The next item under Old Business was the request to consider final accounting reviews with Barfield, Murphy, Shank & Smith.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend authorizing the Mayor and the City Clerk to enter into a contract for services with Barfield, Murphy, Shank & Smith up to $25,000.00 as recommended by Mayor McBrayer and contingent on production of a written procedural manual for the City’s accounts.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-07
(A Resolution authorizing the Mayor to enter into a contract for services up to $25,000.00 with Barfield, Murphy, Shank & Smith, accountants, for handling the City’s accounts properly and providing a written procedural manual for the City’s accounts, a copy of which contract is attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-07. Mr. Scott seconded the motion.
Ms. Holladay 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.
Ms. Holladay stated that at this time she would like to consider the Committee Referral Agenda.
Ms. Holladay reminded the Council that Item No. 18.04.10 – Request to consider the Chamber of Commerce plan for the 2009/2010 allocation, and Item No. 19.04.10 – Request to consider Greystone Food’s development plan for the Pasquale Building had been added to the Committee Referral Agenda for referral to the Finance Committee.
Ms. Holladay stated that as previously requested by Mr. Hooks, Item No. 06.04.10 would be amended to include Saulter View and South Wellington on the list for decorative street signs. (See Page 2 of these Minutes for previous discussion regarding this amendment.)
Ms. Holladay asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

01.04.10 Request for consideration of a variance to the Sign Ordinance at 290 Oxmoor Road – Todd Thompson/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

02.04.10 Request for consideration of a variance to the Sign Ordinance at 191 West Valley Avenue – Won Lee/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

03.04.10 Request for consideration of a variance to the Sign Ordinance for signs to be located on the Lakeshore Trail/ The Leukemia & Lymphoma Society – Catherine Crockett/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

04.04.10 Request for consideration of a variance to the Sign Ordinance at 2809 Central Avenue – Forrest Walden/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

05.04.10 Request for consideration to review vacant positions particularly the positions of Administrative I and Police Officer – Chief Phil Dodd/ Police Department/ Mayor Scott McBrayer
FINANCE COMMITTEE

06.04.10 Request to consider shared cost with residents for decorative street signs for the intersections of Fair Harbor Drive/Eastwood Drive, Fair Harbor Drive/Lucerne Boulevard, Windhaven Road/Riviera Road, Riviera Road/Lakeshore Drive, Gatsby Court/North Shadesview Terrace, Saulter View/South Wellington, and replacing the following plates that are missing: Rockaway Road (on the post with Saulter/the sign post is still there, but the sign is currently missing) and North Shadesview Terrace (on the post with Rockaway/the sign post is still there, but the sign is currently missing) – J. J. Bischoff/ Chief of Staff/ Mayor Scott McBrayer
FINANCE COMMITTEE

07.04.10 Request for consideration of extending current contract for accounting services for Sam Drummond – Mayor Scott McBrayer
FINANCE COMMITTEE (Note: Following approval of the Committee Referral Agenda, Item No. 07.04.10 was later removed from the Committee Referral Agenda and considered under Other New Business – See Pages 21-22 of these Minutes.)

08.04.10 Request to consider owner furnished items for Fire Station 1 – Chief John Bresnan/ Fire Department/ Tim Coker
FINANCE/ PUBLIC WORKS COMMITTEES (Request for joint meeting for discussion of this item)

09.04.10 Request to consider payments to New World Software Fire Department portion – Chief John Bresnan/ Fire Department/ Dan Smith/ Police Department
FINANCE COMMITTEE

10.04.10 Request for consideration of unfreezing funding in the Capital Projects Fund – Chief John Bresnan/ Fire Department/Mayor Scott McBrayer
FINANCE COMMITTEE

11.04.10 Request for consideration of unfreezing funding in the Capital Projects Fund for signs and sign materials – Jody Chesnut/ Traffic Maintenance Department/ Mayor Scott McBrayer

12.04.10 Request for consideration to add a street light in the vicinity of 1504 Valley Avenue – Ms. Emma Sutton/Anthony Smith
PUBLIC SAFETY COMMITTEE

13.04.10 Request for consideration to add a street light in the vicinity of 915 Irving Road – Ms. Kathryn Gebhardt/Anthony Smith
PUBLIC SAFETY COMMITTEE

18.04.10 Request to consider Chamber of Commerce plan for the 2009/2010 allocation – Allyn Elizabeth Holladay
FINANCE COMMITTEE

19.04.10 Request to consider Greystone Food’s development plan for the Pasquale building – Sam Scott
FINANCE COMMITTEE

There being no objections to the Committee Referral Agenda as presented, Mr. Scott moved to approve the Committee Referral Agenda, with the addition of Item Nos. 18.04.10 and 19.04.10 and the change to Item No. 06.04.10. Mrs. Langlow seconded the motion.
Ms. Holladay 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 under Other New Business was the request to consider a change order for reinforced pads on the concrete apron area at Fire Station No. 1.
Chief John Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that when the ladder truck was set up and tested each day, it placed an excessive load where the outriggers go. Chief Bresnan further stated that the solution was to put some reinforced areas where the outrigger was going to rest in the apron. Chief Bresnan added that the cost associated with this solution was $1,890.00 which would be a change order for the Stewart Perry contract/ Fire Station No. 1 Project. Chief Bresnan further added that they were ready to pour the concrete as soon as the weather broke sufficiently to do so and he was asking the Council to consider this request tonight.
Mr. Trippe stated that he would recommend approval of Change Order No. 4 to the Stewart Perry contract in the amount of $1,890.00 for the reinforced pads on the concrete apron with funding from the Capital Projects Budget and that would be his motion.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-08
(A Resolution approving Change Order No. 4 for the Fire Station No. 1 Project for reinforced pads on the concrete apron area in the amount of $1,890.00 as provided for in the Change Order Request attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-08. Mr. Hooks seconded the motion.
Ms. Holladay 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 Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period December 19, 2009 through January 8, 2010.
Mr. Trippe stated that he had reviewed the invoices for the payment period December 19, 2009 through January 8, 2010, and most of his questions had been resolved with the following exceptions: (1) One invoice from Red Diamond in the amount of $6,601.84 for clarification of funding from the Jail Corrections Fund; (2) An invoice from Ingram Entertainment with no supporting documentation; and (3) Two charges on the Regions credit card bill, one in the amount of $235.59 from the Maintenance Department and the other in the amount of $1.95 with no supporting documentation. Mr. Trippe further stated that he would recommend payment of the remaining invoices for the subject payment period and sending the exceptions to the Finance Committee and that would be his motion.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10-09
(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 December 19, 2009 through January 8, 2010, with the exception of those invoices withheld by Mr. Trippe)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-09 authorizing payment of the invoices for the period December 19, 2009 through January 8, 2010, with the exception of the invoices withheld by Mr. Trippe as noted. Mr. Scott seconded the motion.
Ms. Holladay 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. Payne abstained.
Mayor McBrayer, at this point, requested that Item No. 07.04.10 – Request for consideration of extending the current contract for accounting services for Sam Drummond be removed from the Committee Referral Agenda and considered tonight. Mayor McBrayer further stated that Mr. Drummond’s current contract would end on January 15, 2010.
Mr. Trippe, at this point, moved to take Item No. 07.04.10 off the Committee Referral Agenda and place the matter under Other New Business for consideration tonight. Mrs. Langlow seconded the motion.
Ms. Holladay 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 asked how long of an extension would be needed on Mr. Drummond’s current contract.
Mayor McBrayer stated that he was asking for up to 90 days.
At this point, Mr. Scott moved for unanimous consent to consider the request tonight. Mr. Jones seconded the motion.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Holladay. Nays: None. The motion for unanimous consent carried without dissent.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-10
(A Resolution authorizing the Mayor and the City Clerk to enter into a contract with Sam Drummond to provide accounting services pursuant to the Personal Services Contract attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-10 authoring an extension of the current contract with Sam Drummond for a period of up to 90 days to provide accounting services to the City. Mr. Jones seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Ms. Holladay asked if this was 90 days at the pay rate that was most recently negotiated.
Mayor McBrayer stated that was correct. Mayor McBrayer further stated that he was asking for up to 90 days, although that amount of time might not be needed.
On a voice vote, the motion carried without dissent.
The next item under Other New Business to be considered was the request for consideration of the Amendment to the Deed of Conservation Easement for the Black Warrior-Cahaba Rivers Land Trust.
Ms. Holladay stated that the information concerning this item had been distributed to the Council. Ms. Holladay stated that it was her understanding that this was an amendment to the current agreement.
Mr. Kendrick stated that was correct. Mr. Kendrick stated that it provided essentially their annual report to amend the deed.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-11
(A Resolution authorizing the Mayor to execute the Amendment to Deed of Conservation Easement, a copy of which is attached to the Resolution as Exhibit A, to the Freshwater Land Trust relating to recent Monitoring Report to be attached as an exhibit to the Deed)

Mr. Scott moved for the adoption and enrollment of Resolution No. 10-11. Mrs. Langlow seconded the motion.
Ms. Holladay 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.
Ms. Holladay stated that she would like to consider board vacancies as the next order of business.
Mr. Hooks stated that he would like to re-open the application period for the Environmental Commission/ Ward 1 and At-Large positions for 30 days.
Ms. Holladay stated that without objection, the application period for the Environmental Commission positions would be re-opened for 30 days as requested.
Mr. Smith, at this point, moved to reappoint Mr. James Ponseti (924 Irving Road) to the Homewood Board of Zoning Adjustments for Ward 1. Mr. Smith stated that Mr. Ponseti’s term would expire in January 2013. Mr. Scott seconded the motion.
Ms. Holladay 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, January 18, 2010 at 6:30 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, January 18, 2010 at 6:15 p.m.
Mayor’s Comments:

Thank you for the work you had to do last week to get ready for this week. I appreciate that very much. I am not sure how many people realize how much discussion goes in to meetings before a council meeting like tonight so you can relatively move quickly.

I also wanted to recognize and welcome Mayor Atkinson for being here this evening. I thank Mayor Atkinson for all he has done for the City of Homewood in the past and continues to do and what his family means for our City.

As all of you know, we had the services for O.J. yesterday. It was a very moving and meaningful service. There were probably 600 or 700 people there, and if I am exaggerating, it is on the low side. It says a lot about O.J. The City of Homewood was well represented and I appreciate the remarks the Chief had. You would have been very proud of our officers and the Honor Guard and the way they conducted themselves. It makes me very much proud to be a part of Homewood and it hurts to lose somebody who has been here for so long, and was so friendly, and the epitome of what represents Homewood. We miss him today and we will certainly miss him as time goes on. O.J. used to come by the funeral home all the time and talk. We really had a lot of good talks and learned a lot of life lessons from him. I will miss him.

The State of the City address will be Tuesday, January 19th. You can see Tricia or talk to her if you want to come or need details. If you need anything this week, give us a call.

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

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