M I N U T E S

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

January 25, 2010

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, January 25, 2010 at City Hall at 6:00 p.m. The invocation was given by Mayor Scott McBrayer, 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, and Allyn Elizabeth Holladay. Absent: Allan Trippe and Jeff Underwood. Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
Ms. Holladay stated that she had been contacted by Mr. Trippe stating that he would not be present tonight.
The Minutes of the January 11, 2010, Council meeting were carried over.
Ms. Holladay, at this point, recognized Ms. Deborah Fout (Library Director) who addressed the Council on the presentation of books for the Big Read Alabama.
Ms. Fout stated that the Big Read Alabama was a State-wide initiative sponsored by the National Endowments for the Arts, the Institute of Museum and Library Services and Arts Mid-West. Ms. Fout further stated that the initiative would be kicked-off by the governor and at the Homewood Library on Tuesday, February 2, 2010. Ms. Fout added that the initiative was to encourage reading for the entire family and there would be a number of programs going on at the Homewood Library.
At this time, Mrs. Langlow addressed the Council regarding the Highway 280 Project. Mrs. Langlow stated that a meeting was held on Wednesday, January 20, 2010, regarding an alternative plan for the Highway 280 corridor. Mrs. Langlow further stated that the alternative was not to elevate the road, but to try to solve the traffic problem otherwise. Mrs. Langlow added that Mr. Walter Kulash, an expert who had been brought in, had made some recommendations with more recommendations to follow about alternatives to an elevated highway. Mrs. Langlow further added that there was a group called Citizens to Save 280 and they were available should anyone wish to talk with them or be interested in joining the group.
Ms. Holladay asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 30.04.10 – Request to consider the Catherine Sims property. (Allyn Elizabeth Holladay) (This item was added to the Committee Referral Agenda for referral to the Special Issues Committee)
New Business: Item No. 31.04.10 – Request for consideration of a variance to the Sign Ordinance at 2801 18th Street South/ Amy Head Studios. (Greg Cobb/ Engineering Department) (This item was added to the Committee Referral Agenda for referral to the Special Issues Committee)
New Business: Item No. 32.04.10 – Request to consider the American Diabetes Association’s request to utilize the Lakeshore Trail during the Annual Step-Out Walk to Fight Diabetes on September 25, 2010. (Greg Cobb/ Engineering Department) (This item was added to the Committee Referral Agenda for referral to the Special Issues Committee)
New Business: Item No. 33.04.10 – Request to consider funding to repair sidewalks and other improvements around SoHo. (Mayor Scott McBrayer) (This item was added to Other New Business for consideration tonight)
New Business: Item No. 34.04.10 – Request to consider creating the position of Principal Accountant. (Mayor Scott McBrayer) (This item was added to Other New Business for consideration tonight)
Ms. Holladay stated that without objection from the Council, the aforementioned items would be added to the agenda.
The first item of business to be considered under Old Business was the request for consideration of a variance to the Sign Ordinance at 2809 Central Avenue.
Ms. Holladay stated that Mr. Hooks would report tonight on items coming out of the Special Issues Committee.
Mr. Hooks stated that the Special Issues Committee met and voted 3 – 0 to recommend a multiple sign variance at 2809 Central Avenue as presented at the Committee meeting by Ms. Anna Reynolds/ Fravert Sign Company (representing the owner of Irontibe Fitness) with the understanding that any exceptions would come back to the Special Issues Committee.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-12
(A Resolution agreeing to grant to Irontibe Fitness a multiple sign variance to the Homewood Sign Ordinance to be located at 2809 Central Avenue, as displayed in Exhibit A attached to the Resolution)

Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-12 granting to Irontibe Fitness a multiple sign variance to the Sign Ordinance to be located at 2809 Central Avenue with the understanding that any exceptions would come back to the Special Issues Committee.
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.
The next item to be considered under Old Business was the request for consideration of traffic concerns in the vicinity of the intersection of Poinciana Drive and Hampton Drive.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that he had met with two different engineers and it had been determined that the grade was too steep to safely put a traffic circle in the vicinity of the intersection of Poinciana Drive and Hampton Drive and also there were site distance issues. Mr. Cobb further stated that he would recommend looking at alternatives to a traffic circle in that area.
Mr. Smith stated that for the record, the recommendation coming out of the Finance Committee was a proposal to fund a professional design, which was recommended because of issues that might make it prohibitive for a traffic circle.
Ms. Holladay stated that without objection, the aforesaid matter would be referred back to the Public Safety Committee. There was no objection from the Council.
The next item of business under Old Business was the request to consider GASB-45 report: Re: Valuation from Scott Fontenot.
Ms. Holladay asked Mr. Hooks to give the report on this item.
Mr. Hooks stated that this matter was coming out of the Finance Committee as a report so that everyone on the Council would be aware of it. Mr. Hooks further stated that the actuarial accrued liability was $3,635,724.00 for 272 active employees and 20 retirees and the net annual required contribution was $405,709.00. Mr. Hooks added that this was a GASB requirement just from an accounting standpoint for GASB-45 and although there was no action required, the Council needed to be aware that these potential liabilities were out there in the future for all retirees. Mr. Hooks further added that as required by GASB, this would be reflected in the upcoming audit.
Mr. Smith, at this point, moved to drop the aforesaid matter from the agenda with the understanding that this would be addressed in the long-term plan. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Moody stated that his recollection was that Mr. Scott Fontenot (Rebowe & Company CPA) had stated in the Finance Committee that it was his opinion that this issue not be addressed in this or possibly the next budget year.
Mr. Hooks stated that was correct, that the GASB-45 requirements had been met by doing the audit and the City was where it needed to be in the current situation.
Mr. Smith stated that what Mr. Fontenot had actually indicated was that the money should not be locked away in a trust at this point in light of the potential changes in Washington and the uncertainties surrounding that area, which was slightly different than not dealing with it from a financial standpoint.
Mr. Hooks stated that was also correct, that if it were locked into a trust, it would be locked into various specific rules and regulations, so the recommendation was if the Council did fund it, to fund it outside of a trust.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that this matter would be dropped from the agenda.
The next item on the agenda under Old Business was the request to consider bid results for Request for Proposal (RFPs) for a services contract/ financial procedures (Bid opening held on January 18, 2010 at 5:30 p.m.) (Previously the request to consider a services contract/ financial procedures).
Ms. Holladay stated that Mr. Jones would report tonight on items coming out of the Finance Committee.
Mr. Jones stated that the bid opening for a services contract/ financial procedures (utilities audit) was held as scheduled and there were three responses, but two of those responses were no bids. Mr. Jones further stated that Revenue Source Group, Inc. was the sole bidder. Mr. Jones added that the Finance Committee voted 3 – 2 to recommend sending the item out without a recommendation to the full council, to include a presentation from Revenue Source Group at the council meeting to be held on Monday, January 25, 2010.
Mr. George H. Armistead, III (Partner/ Revenue Source Group, Inc.) addressed the Council. Mr. Armistead stated that Revenue Source Group worked on a contingency fee basis, there were no upfront fees, and the client was invoiced for 50 percent of the savings after those savings were reflected on the utility bills. Mr. Armistead further stated that basically what the company did was to identify five areas – telecommunications, water and sewer, electricity, gas, and waste/recycling. Mr. Armistead added that the utility bills and the properties were looked at and recommendations were made to the clients before moving to the utility provider to insure that the rates were lowered. Mr. Armistead further added that his company did not come in and tell the client they had to change certain equipment, what they did was to look at the utility rates retroactively three years and forward for three years
Mr. Armistead stated that Revenue Source Group had been in business for 21 years, they were in 25 states serving numerous clients, including several Birmingham firms, and the success ratio was 80 percent.
Mr. Payne asked about the monitor and measuring process, how the city would know month in and month out how the program was progressing, what the company was finding and what kind of monies were being made available to the city.
Mr. Armistead again addressed the council. Mr. Armistead stated that monitoring would continue for 36 straight months and at the end of 36 months, all the savings that were put in place for the City of Homewood belonged to Homewood. Mr. Armistead further stated that basically there was a three-year contract with each client and the majority of clients chose to keep it in place for new avenues of savings because the company came up with new strategies every now and then. Mr. Armistead added that when an invoice was sent to the city, the paperwork would be sent with it.
Mr. Payne asked what the strategy was.
Mr. Armistead stated that they would look for mis-billings, overcharges, or look for avenues where the utility providers had overlooked some issues possibly. Mr. Armistead further stated that there was really zero risk and Revenue Source Group was actually more of a partner than a vendor to their clients because if the company did not win unless the clients won.
Mr. Smith stated that the city had the standard practice of obtaining refunds and credits for watering service where they were billed initially and then got it back down the line. Mr. Smith further stated that he was assuming that Revenue Source Group would not claim any fee on that.
Mr. Armistead again addressed the council and stated absolutely not, that whatever practices or strategies the client had in place, they informed the company up front, and Revenue Source Group would only bill for savings they generated themselves. Mr. Armistead further stated that what they wanted were new issues where they could define the value that was presented to Homewood.
Mr. Hooks stated that it was mentioned that there were five different fields of expertise that were focused on. Mr. Hooks asked if Revenue Source Group would be willing to do those as separate items.
Mr. Armistead stated that they tried that about ten years ago and it was a mistake. Mr. Armistead further stated that the company worked with all five areas and reported on each one to the city.
Mr. Hooks stated that the area he had issues with was water and sewer. Mr. Hooks further stated that the rate base and fees of the Birmingham Water Works Board and the Jefferson County Sewer would not be something that the city would be able to effect, so that was the one that he had the concern about doing this with.
Mrs. Langlow stated that if she understood it correctly, it really made no difference because there was no fee, it was based on the savings, and that area would just be one that was part of the package.
Mr. Armistead again addressed the Council. Mr. Armistead stated that was correct and it was totally up to the council what strategies were pursued together with Revenue Source Group. Mr. Armistead further stated that a menu would be presented to the city for the libraries, the schools and any facility the city had where it made sense to at least consider it.
Mr. Moody stated that the school system and the Park Board were separate entities, so could the city really bind those entities to go along with anything based on these deliberations, even though the city paid the bills for the Park Board.
Mr. Kendrick stated that the city could not bind the schools as they had an independent board. Mr. Kendrick further stated that the council might want to inquire of the Park Board, that although they were appointed by the council, they were independent by statute, but the city funded them.
Mr. Smith asked how many municipalities or government bodies did Revenue Source Group currently do work for.
Mr. Armistead stated that there were two or three in Nashville and the City of Berry Hill, the City of Mt. Juliet, and a couple of other entities that they were helping at present. Mr. Armistead further stated that they had thought about pursuing state government, but there was a great deal of red tape involved on that level, so they had found a niche with smaller governments and the private industry.
Ms. Holladay stated that in the presentation it was mentioned that Revenue Source Group would not come in and tell the client to change certain equipment, but in the first paragraph of the contract it talked about some of that. Ms. Holladay asked if that was considered or was it simply looking at the utility bills and the client’s relationship with the utilities.
Mr. Armistead stated that in Phase 2 and 3, some strategies were in place that helped reduce energy, but that was a very crowded field, and if the city decided to do that, it would be best to do it through the RFP process due to the number of vendors that provided that specific service. Mr. Armistead further stated that all his company did was to look at the five bills for whatever facilities they were given, examine them and go to the facilities, and then report back to the city.
Mr. Payne asked from a saving standpoint, what percentage of the billing was usually found in savings when dealing with a municipality.
Mr. Armistead stated that it was a combination in that in about 60 percent of the opportunities, savings were identified retroactively, and at least 50 percent of the time, savings were found going forward.
Mr. Payne asked once the savings were found, does the utility company correct the billing going forward.
Mr. Armistead stated that was correct, but they did ask the client to automatically e-mail the bills to Revenue Source Group each month so that they could identify and make sure the rate, not the amount, was correct.
Ms. Holladay asked if the Council had any further questions or comments. There was no response from the Council.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-13
(A Resolution determining that Revenue Source Group provided the most responsive response to the RFP for a service contract/ financial procedures to be rendered to the City pursuant to the response attached to the Resolution as Exhibit A and that the funds necessary to satisfy the contractual obligations to Revenue Source Group are to be paid from Line Item No. 01-11-5-205.00)

Mr. Scott moved for the adoption and enrollment of Resolution No. 10-13 awarding the contract for a service contract/financial procedures to Revenue Source Group as the most responsive response to the Request for Proposal pending final approval from the City Attorney. Mr. Smith seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Hooks asked if the Council would have an opportunity to see the contract again before it was finalized. Mr. Hooks stated that would be his preference.
Ms. Holladay asked Mr. Kendrick if he could distribute the contract before the Mayor signed off on it.
Mr. Kendrick stated that he would.
On a voice vote, the motion carried by a vote of 8 to 1. Mr. Hooks voted No.
The next item on the agenda under Old Business was the request to consider bid results to replace a section of wall on Griffin Creek near the new Fire Station No. 1 (Bid Opening held on January 11, 2010 at 5:30 p.m.).
Mr. Jones stated that the Finance Committee met and voted 5 – 0 to recommend awarding the bid to replace a section of wall on Griffin Creek near the new Fire Station No. 1 to Durham Backhoe Service as the lowest responsive and responsible bidder in the amount of $23,010.57 as recommended by Mr. Greg Cobb/ Engineering Department and further recommended the appropriation of the $23,010.57 from the expense line item for Fire Station No. 1/ Capital Projects Fund/ 2009-2010 Budget. Mr. Jones further stated that the Finance Committee also voted 5 – 0 to recommend awarding the bid to replace a section of fence on Griffin Creek near the new Fire Station No. 1 to Tusco Fence as the lowest responsive and responsible bidder in the amount of $4,400.00 for an eight (8) gauge black vinyl fencing as recommended by Mr. Greg Cobb/ Engineering Department and further recommended the appropriation of the $4,400.00 from the expense line item for Fire Station No. 1/ Capital Projects Fund/ 2009-2010 Budget. Mr. Jones added that these two recommendations would be handled in separate resolutions.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-14
(A Resolution determining that Durham Backhoe Service is the lowest responsive and responsible bidder to replace a section of wall on Griffin Creek near the new Fire Station No. 1 at a bid price of $23,010.57 as provided for in the bid response attached to the Resolution as Exhibit A and that the proceeds necessary to satisfy the contract are to be paid from the Capital Projects Fund/ Fire Station No. 1 account)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-14 awarding the bid to replace a section of wall on Griffin Creek near the new Fire Station No. 1 to Durham Backhoe Service as the lowest responsive and responsible bidder at a bid price of $23,010.57 to be paid from the Capital Projects Fund/ 2009-2010/Fire Station No. 1.
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.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-15
(A Resolution determining that Tusco Fence, Inc. is the lowest responsive and responsible bidder to install fencing on Griffin Creek near the new Fire Station No. 1 at a bid price of $4,400.00 as provided for in the bid response attached to the Resolution as Exhibit A and that the proceeds necessary to satisfy the contract are to be paid from the Capital Projects Fund/ Fire Station No. 1 account)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-15 awarding the bid to install fencing on Griffin Creek near the new Fire Station No. 1 to Tusco Fence, Inc. as the lowest responsive and responsible bidder at a bid price of $4,400.00 to be paid from the Capital Projects Fund/ 2009-2010/Fire Station No. 1.
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.
The next item of business 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 25, 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. Bischoff stated that he had received the documentation on the aforesaid credit card charge for the Streets and Sanitation Department which had been e-mailed to Mr. Trippe and he would recommend approval.
Mr. Jones stated that he would recommend payment of that charge since it had been approved by Mr. Bischoff and that would be his motion.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-16
(A Resolution authorizing payment of a Regions credit card charge for the Streets and Sanitation Department that was withheld from the payment period December 5, 2009 through December 18, 2009)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-16 approving a Regions credit card charge for the Streets and Sanitation Department withheld from the payment period December 5, 2009 through December 18, 2009. Mr. Moody 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. Hooks stated that the Special Issues Committee met and voted 3 – 0 to recommend a multiple sign variance at 290 Oxmoor Road as presented by Mr. Todd Thompson (Gonzalez Strength & Associates/ representing Burger King) with the additional signage facing K-Mart. Mr. Hooks further stated that basically Burger King was requesting an additional sign that would face into the K-Mart parking lot so that it would be visible from that parking lot.
Mr. Scott left the Council Chambers at this point.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-17
(A Resolution agreeing to grant to Burger King a multiple sign variance to the Homewood Sign Ordinance to be located at 290 Oxmoor Road as displayed in Exhibit A attached to the Resolution)

Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-17.
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.
Mr. Hooks stated that the Special Issues Committee met and voted 3 – 0 to recommend the placement of a sign as presented by Ms. Catherine Crockett (TEAM in Training Program/ The Leukemia & Lymphoma Society) through the end of January, 2010, and limiting the number not to exceed six signs to be located in the city rights-of-way along the Greenway Trail and Lakeshore Parkway, making sure that they picked up the signs that were distributed along the trail.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-18
(A Resolution agreeing to grant to The Leukemia & Lymphoma Society a variance to the Homewood Sign Ordinance to allow no more than six signs to be located in the City rights-of-way along the Greenway Trail and Lakeshore during the month of January, 2010)

Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-18.
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.
The next item under Old Business was the request for consideration to review vacant positions particularly the positions of Administrative Assistant I and Police Officer/ Police Department (Only the portion of this item regarding the Administrative I is being brought out of the Finance Committee; the Police Officer position was carried over in committee).
Mr. Jones stated that the Finance Committee met and voted 5 – 0 to recommend abolishing the current vacant Police Department/ Administrative Assistant I/ Position No. 01 and creating an additional full-time laborer position, and further recommended transferring the amount of $23,883.66 from salaries to wages as recommended by Chief Phil Dodd/ Police Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-19
(A Resolution abolishing the Administrative Assistant I position currently in the Police Department and creating an additional Laborer position within the Police Department and appropriating the amount of $23,883.66 to be transferred from the Salaries Account to the Wages Account/ Police Department)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-19.
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. Jones stated that the Finance Committee met and voted 5 – 0 to recommend the sharing of one-half of the cost at $75.00 per decorative street sign 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 Rockaway Road/ North Shadesview Terrace contingent on the payment of one-half for each sign by the neighborhoods.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10-20
(A Resolution appropriating up to the sum of $75.00 per sign from the Capital Projects Fund/ 2009-2010 Budget to be used to cover one-half of the cost of the installation of 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 Rockaway Road/ North Shadesview Terrace, the difference of $75.00 per sign to be paid by the neighborhood residents)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-20
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.
The next item on the agenda under Old Business was the request to consider owner furnished items for Fire Station No. 1.
Mr. Jones stated that the Finance Committee met and voted 5 – 0 to recommend authorizing Chief John Bresnan/ Fire Department to move forward with the purchases as delineated in the report distributed by Chief Bresnan excluding $14,500.00 (changed amount from original request of $16,000.00) for PT (physical training) equipment at this time.
Mr. Smith stated that he just wanted to make sure it was noted for the record that the training equipment was not currently in any of the fire stations and this equipment would have been an addition of something that the city was not currently providing.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-21
(A Resolution appropriating up to the sum of $40,000.00 to be paid from the Fire Station No. 1 Capital Account No. 12-15-581746 for the purchase of owner furnished items for the Fire Station No. 1 Project, to be approximately distributed as follows: Landscape $8,000.00; Low Voltage Wiring $5,500.00; Furniture $11,500.00; Appliances $11,000.00; Window Treatment $3,000.00; and Computer $1,000.00)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-21.
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.
Mr. Jones stated that the Finance Committee met and voted 5 – 0 to recommend creating a line item in the 2009/2010 Capital Projects Fund Budget for payment of $67,750.00 to New World Software for the Fire Department’s payment portion per the previous grant agreement initiated by the Police Department.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-22
(A Resolution appropriating $67,750.00 to be used for payment to New World Software for the Fire Department portion of the cost of such software to be paid from the newly created line item in the Capital Projects Fund Budget/ New World Software)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-22.
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.
The next item under Old Business was the request for consideration of unfreezing funding in the Capital Projects Fund.
Mr. Scott re-entered the Council Chambers at this time.
Mr. Jones stated that the Finance Committee met and voted 4 – 1 to recommend unfreezing the Capital Projects Fund appropriations up to $57,000.00 for a list of items as recommended and presented by Chief John Bresnan/ Fire Department with a certification from Mayor McBrayer stating that these items were emergency items.
Ms. Holladay stated that a list of items had been distributed to the council again tonight from Chief Bresnan. Ms. Holladay asked Mayor McBrayer if he was certifying the items as emergency expenditures.
Mayor McBrayer stated that he was.
Ms. Holladay stated that she had asked the Mayor to attempt to have Capital requests put together from the departments, particularly emergencies, for the next Finance Committee meeting in order to start addressing this as a whole and not piecemeal.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-23
(A Resolution declaring an emergency relating to emergency needs for the Homewood Fire Department as described in Exhibit A as attached to the Resolution and appropriating up to the sum of $57,000.00 from the Capital Projects Fund 2009/2010 to be used to pay for those emergency needs)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-23.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Payne asked if there had been some turnover in the Fire Department recently. Mr. Payne stated that about 20 percent of the expenditure was for boots and new gear for the firefighters.
Chief Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that one employee had resigned, one had retired, and one employee was terminated. Chief Bresnan further stated that as new employees were hired, they were put in whatever reserve turnout gear was available immediately because there was a six-week turnaround as a minimum for new gear. Chief Bresnan further stated that much of the request was for current employees for gear that was just wearing out.
On a voice vote, the motion carried by a vote of 8 to 1. Mr. Hooks voted No.
Mr. Jones stated that the Finance Committee met and voted 5 – 0 to recommend unfreezing the Capital Projects Fund appropriations in the amount of $4,000.00 for signs and sign materials as recommended by Mr. Jody Chesnut/ Traffic Maintenance Department.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-24
(A Resolution appropriating declaring an emergency relating to the purchase of signs and sign materials for the Traffic Maintenance Department and appropriating up to the sum of $4,000.00 from the Capital Projects Fund 2009/2010 to be used to purchase signs and sign materials)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-24.
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.
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 19, 2009 through January 8, 2010 (Four invoices/charges withheld by Mr. Trippe as follows: Red Diamond invoice in the amount of $6,601.84 for clarification of funding from the Jail Corrections Fund; Ingram Entertainment invoice due to lack of documentation; and two Regions credit card charges/ $235.59 from the Maintenance Department and a $1.95 charge).
Mr. Jones stated that there were several invoices that had been withheld from the subject payment period and they would be taken up separately. Mr. Jones further stated that the first recommendation concerned an error that had occurred in the processing of a Red Diamond invoice in the amount of $6,601.84 and a check in the amount of $4,099.00 had been cut and charged to the General Fund in error in payment of the invoice. Mr. Jones added that the Finance Committee met and voted 5 – 0 to recommend (a) to reimburse the General Fund from the Jail/Corrections Fund in the amount of $4,099.00 if the check had cleared the bank and authorize payment of $2,502.84 out of the Jail/Corrections Fund, or alternatively, (b) to authorize payment of $6,601.84 out of the Jail/ Corrections Fund if the check for $4,099.00 had not cleared the bank.
Mrs. Cook stated that the $4,099.00 had already been cashed, so a check in the amount of $2,502.84 had been issued from the correct fund and a check for $4,099.00 had been made out to the General Fund to repay it.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-25
(A Resolution authorizing payment in the amount of $2,502.84 from the Jail /Corrections Fund for a Red Diamond invoice withheld from the payment period of December 19, 2009 through January 8, 2010 and the issuance of a check in the amount of $4,099.00 for reimbursement to the General Fund)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-25.
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. Jones stated that the Finance Committee met and voted 5 – 0 to recommend approval of a VISA bill amount of $410.55 for travel and conference expenses for Mr. David McAshe/ Street & Sanitation Superintendent. Mr. Jones further stated that this VISA bill had been withheld due to lack of documentation and that documentation had now been received.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-26
(A Resolution approving a VISA bill amount of $410.55 that was withheld from the payment period December 19, 2010 through January 8, 2010 in payment of travel and conference expenses for Mr. David McAshe/ Street & Sanitation Superintendent)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-26.
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. Jones stated that the following recommendations from the Finance Committee would be considered in one resolution. Mr. Jones further stated that the Finance Committee met and voted 5 – 0 to recommend the approval of a VISA bill amount of $293.67 for Mr. Lee Garrett/ Building Maintenance Department subject to documentation presented at the January 25, 2010 council meeting. Mr. Jones added that the Finance Committee met and further recommended (1) the approval of payment to Ingram Entertainment for the purchase of books subject to receipt of the invoice from Deborah Fout/ Library Director, and (2) the identification of the department and the appropriation of $1.95 that was not documented on a billing.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-27
(A Resolution authorizing approval of the following invoices/charges withheld from the payment period December 19, 2009 through January 8, 2010: Visa bill in the amount of $293.67 for Mr. Lee Garrett/ Building Maintenance Department; payment to Ingram Entertainment for purchase of books subject to receipt of the invoice from Deborah Fout/ Library Director; and identification of the department and the appropriation of $1.95 in payment of a charge that was not documented on a billing)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-27.
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.
Ms. Holladay stated that at this time she would like to consider the Committee Referral Agenda.
Ms. Holladay reminded the council that the following items had been added to the Committee Referral Agenda: Item No. 30.04.10 – Request to consider the Catherine Sims property (Referred to the Special Issues Committee); Item No. 31.04.10 – Request for consideration of a variance to the Sign Ordinance at 2801 18th Street South/ Amy Head Studios (Referred to the Special Issues Committee); and Item No. 32.04.10 – Request to consider the American Diabetes Association’s request to utilize the Lakeshore Trail during the Annual Step-Out to Fight Diabetes on September 25, 2010 (Referred to the Special Issues Committee).
Ms. Holladay asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

20.04.10 Request for consideration of a variance to the Sign Ordinance at 124 Green Springs Highway – Lucy Walker/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

21.04.10 Request to transfer funds to pay consultants on the sidewalk projects – Greg Cobb/ Engineering Department
FINANCE COMMITTEE

22.04.10 Request for consideration of a 050 – Retail Beer (Off Premises Only) and a 070 – Retail Table Wine (Off Premises Only) license application for Green Springs Enterprises, LLC, d/b/a Sunny Fuels 19 at 820 Greensprings Hwy – Sharmeen Surani/ City Clerk
PUBLIC SAFETY COMMITTEE

23.04.10 Request for consideration of tuition reimbursement for Sgt. Wade Green/ Police Department – Chief Phil Dodd/ Police Department
FINANCE COMMITTEE

24.04.10 Request for consideration to declare an emergency expenditure in the amount of $2,500 for a new bay door/ Fleet Maintenance Department from the Capital Reserves Account – Mayor Scott McBrayer
FINANCE COMMITTEE

25.04.10 Request for consideration to declare an emergency expenditure in the amount of $1,200 to upgrade the switches that operate the 911 system from the Capital Projects Fund/ IT Department Line Item No. 12-27-583002 – Mayor Scott McBrayer
FINANCE COMMITTEE

26.04.10 Request to make improvements to a public alley adjoining 512 Edgeland Place – Big Sky Builders, LLC/ Trey Henderson/ Greg Cobb/ Engineering Department
PUBLIC WORKS COMMITTEE

27.04.10 Request for consideration for permission to use the City Hall plaza to celebrate St. Patrick’s Day on Wednesday, March 17, 2010 – Wesley Calhoun/ SoHo Merchants Association/ City Clerk
SPECIAL ISSUES COMMITTEE

28.04.10 Request for consideration of options pertaining to workers compensation program – Mayor Scott McBrayer
FINANCE COMMITTEE

30.04.10 Request to consider the Catherine Sims property – Allyn Elizabeth Holladay
SPECIAL ISSUES COMMITTEE

31.04.10 Request for consideration of a variance to the Sign Ordinance at 2801 18th Street South/ Amy Head Studios – Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

32.04.10 Request to consider the American Diabetes Association’s request to utilize the Lakeshore Trail during the Annual Step-Out Walk to Fight Diabetes on September 25, 2010 – Greg Cobb/ Engineering Department/ Allyn Elizabeth Holladay
SPECIAL ISSUES COMMITTEE

There being no objections to the Committee Referral Agenda, Mr. Scott moved to approve the Committee Referral Agenda as amended. 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 on the agenda under Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period January 9, 2010 through January 22, 2010.
Mr. Jones stated that he had reviewed the invoices for the period January 9, 2010 through January 22, 2010 for the Finance Committee, they were in order and he would recommend payment of those invoices. Mr. Jones further stated that he wanted to make a quick point that it was noted by he and Mr. Hunter while reviewing the invoices, that in December, 2009, there was a change from Santek to Green Mountain landfill and within a 15-day period, the billing had gone down from $11,300.00 to $9,200.00, so this would generate a savings close to $50,000.00 a year.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10 – 28
(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 January 9, 2010 through January 22, 2010)

Mr. Jones moved for the adoption and enrollment of Resolution No. 10-28 authorizing payment of the invoices for the period January 9, 2010 through January 22, 2010. Mr. McClusky 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 under Other New Business was the request to consider funding to repair sidewalks and other improvements around SoHo.
Mayor McBrayer requested that this matter be referred to the Finance Committee.
Ms. Holladay stated that as requested, the aforesaid request to consider funding to repair sidewalks and other improvements around SoHo would be referred to the Finance Committee.
The next item under Other New Business was the request to consider creating the position of Principal Accountant.
Mayor McBrayer stated that he was requesting the creation of the position of Principal Accountant, a position that would allow the city to move forward and do what needed to be done accounting-wise.
Mrs. Langlow, at this point, moved for unanimous consent to consider this matter tonight. Mr. Hooks seconded the motion.
Upon roll call, the votes were Ayes: Smith, Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow and Holladay. Nays: None. The motion for unanimous consent carried without dissent.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10 – 29
(A Resolution creating the position of Principal Accountant/ Grade 27)

Mrs. Langlow moved for the adoption and enrollment of Resolution No. 10-29 creating the position of Principal Accountant. Mr. Smith 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. Smith stated that there were five appointments he and Mr. Moody would like to make tonight to the Homewood Downtown Redevelopment Authority. Mr. Smith further stated that it was his understanding from the City Clerk, that the five vacancies had staggered terms until they came back up for re-appointment at which point the term would be for five years.
Mr. Smith then moved to appoint the following individuals to the Homewood Downtown Redevelopment Authority to staggered terms as follows: Mr. Leo Shaia (50 Browning Walls) for a five-year term/ term to expire January 2015; Ms. Dee Tipps (1842 Parkside Circle) for a four-year term/ term to expire January 2014; Mr. Richard Campbell, III (107 Crest Drive) for a three-year term/ term to expire January 2013; Mr. Jason E. Lee (1211 Irving Road) for a two-year term/ term to expire January 2012; and Ms. Rilla Foley (400 Yorkshire Drive) for a one-year term/ term to expire January 2011. Mr. Moody seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was some discussion.
On a voice vote, the motion carried without dissent. Mr. Payne abstained.
Mr. Payne stated that he had abstained because he had not had a chance to talk to the people, and although he knew all of them personally and knew they would do a great job, if he did not have an opportunity to talk to somebody or interview them for a particular board position, he would abstain.
Mr. Hooks stated that just for clarification, these were all at-large appointments, not by ward, and they were all Homewood residents.
Mr. Smith stated that was correct.
Mr. Smith, at this time, moved to open the application period for the other board vacancies for which applications had not been received until close of business February 15, 2010 at 4:30 p.m. 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. Smith stated that the Public Safety Committee would meet on Monday, February 1, 2010 at 6:00 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, February 1, 2010 at 5:30 p.m.
Mrs. Langlow stated that the Planning and Development Committee would meet on Monday, February 1, 2010 at 6:30 p.m.
Ms. Holladay stated that the Finance Committee would meet on Monday, February 1, 2010 at 7:00 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, February 1, 2010 at 5:00 p.m.
Mayor’s Comments:
Thank you very much for your support on the Principal Accountant position. I look forward to us being able to move on as a city. I think it is about to be a very exciting time for us and hopefully all of our jobs will become much easier over the next few months. So as we get some things in place, I will look forward to introducing you to some people that I think is going to bring some accountability and help answer a lot of questions. It is a good time for our city, so I am very excited about it and I can never thank you enough for doing what you did tonight. On one other note, I will just say to Walter and Hunter, thank you for acknowledging what David did with the tipping fees. Our department heads are working hard to save money and to be accountable and do the right things as evidenced by what happened tonight, so thank you very much for recognizing that.

Awhile back this council supported me along with Mike’s help in getting the tunnel under Highway 31 lit. That was done and it looks great. Bill from the Birmingham News was there, Fox 6 was there, so that project is complete and there are a lot of happy parents. Dr. Cleveland was excited and had some kids out there to go through it and a particular resident that had put a lot of energy into it. We actually let her throw the switch to cut it on, so it was a good morning for Homewood. That tunnel has been out for a little over 20 years. Thank you again for letting me go forward with that.

Lee McLaughlin was awarded the Employee of the Year. Lee is an on-call person and nobody from Street and Sanitation had ever been awarded the Employee of the Year before. It was an honor to select Lee because when we are asleep at 2 a.m. in the morning and the weather is bad, he is up and out here and getting those trees out of the road. The last ice that we had Lee was out spreading sand the night of the national championship and ironically we were one of the few cities that did not have to close our schools. Officer John Mangels, Homewood Police Department, was selected as Police Officer of the Year and Gary Varnedore was selected as Firefighter of the Year. It was Officer Mangels’ second time to be selected Police Officer of the Year. These are good quality employees that understand the meaning of service and I was honored to watch them be awarded.

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

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