M I N U T E S

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

November 9, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, November 9, 2009 at City Hall at 6:00 p.m. The invocation was given by Father Martin Muller (Our Lady of Sorrows Church), after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President, Jeff Underwood. Upon roll call, the following were present: Anthony Smith, Sam Scott, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, David Hooks, Jackie Langlow, Allan Trippe and Jeff Underwood. Absent: Allyn Elizabeth Holladay. Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
Mr. Smith moved to dispense with the reading of the Minutes of the October 12, 2009, and the October 26, 2009, meetings and approve them as distributed. Mr. Scott seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 14.02.09 – Request to consider a services contract/ financial procedures. (Sam Scott)
Mr. Underwood stated that without objection from the Council, the aforementioned item would be added to the agenda.
At this point, Mr. Underwood recognized Mr. Philip Poole (President/ Homewood Chamber of Commerce) who addressed the Council.
Mr. Poole announced the Homewood Chamber of Commerce Annual Meeting to be held on Tuesday, December 15, 2009, at Rosewood Hall.
Mr. Underwood stated that he would consider board vacancies as the next order of business.
Mrs. Langlow, at this time, moved to appoint Ms. Hope T. Cannon (505 Poinciana Drive) to the Homewood Board of Zoning Adjustments for Ward 5. Mrs. Langlow stated that Ms. Cannon’s term would expire November 2012. Mr. Trippe seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent. Mr. Payne abstained.
At this point, Mr. Trippe moved to reappoint Mr. Thomas E. Walker (1121 Shadesmont Road) to the Homewood Parks and Recreation Board/ At-Large. Mr. Trippe stated that Mr. Walker’s term would expire November 2014. Mr. Moody seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent. Mr. Payne and Mr. Hooks abstained.
Mr. Underwood stated that at this time he would like to consider the Consent Agenda. Mr. Underwood asked if there was any objection to the Consent Agenda as presented:
*CONSENT AGENDA

30.09.09 Request for consideration of a noise barrier on Ascot Lane – Public Works Committee - Action Taken: The Public Works Committee on 11/02/09 recommended dropping this item.

10.12.09 Request to consider drainage issues on Edgeview Avenue – Public Works Committee - Action Taken: The Public Works Committee on 11/02/09 recommended dropping this item.

There being no objections to the Committee’s recommendations on the Consent Agenda items, Mr. Smith moved to approve the Consent Agenda. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Consent Agenda was approved without dissent.
The first item of business on the agenda under Old Business was the request for consideration of Speed Reduction Measures on Roseland Drive generally between Ridge Road and Broadway.
Mr. Smith stated that the Public Safety Committee met and voted 4 – 1 to recommend purchasing three (3) portable rubber speed bumps for six months as temporary devices to be placed on Roseland Drive as recommended by Mr. Jody Chesnut (Traffic Department) for a safety practice study to evaluate the impact of the bumps for traffic calming solutions for the whole city, based on the premise and representation that the cost of the portable speed bumps would be approximately $5,000.00 to be paid from the Small Infrastructure account.
Mr. Jones stated that it was his understanding that the process for approving speed humps was a defined process involving a petition that had to be signed and a public hearing.
Mrs. Langlow stated that it was her understanding that the recommendation coming out of committee was to allow the portable speed bumps and then go through the necessary process to get it done.
Mr. Roger White (1520 Roseland Drive) addressed the Council. Mr. White stated that the ordinance concerning the installation of speed humps stated that there must be a demonstrated speed problem and that a street would be considered to have a demonstrated speed problem when the vehicles on the street exceeding the relevant speed limit exceeded 50 percent. Mr. White further stated that in the affected area, there was actually 70 percent of the traffic exceeding the posted speed limit with 5 percent of the traffic doing 60 miles an hour or above in two-tenths of a mile if they stopped at the stop signs. Mr. White added that in addition, the ordinance required that at least two-thirds of the affected constituents on the street sign a petition and two-thirds of the residents had already signed the petition. Mr. White further added that he would like to request that three speed cushions or speed tables as they were called in some areas be installed on Roseland Drive between West Glenwood and East Linwood where there was a demonstrated speed problem.
Mrs. Langlow stated that the specific locations were going to be determined by Mr. Jody Chesnut/ Traffic Department as the process moved forward.
Mr. Hooks stated that it was recommended that this would be a temporary study, as opposed to what would be thought of as traditional speed humps that involved building up and cementing over. Mr. Hooks further stated that these speed bumps could actually be laid and taken up. Mr. Hooks added that a baseline study would be done in three months to see the effectiveness, not just for Roseland Drive, but for the rest of the City for the possibility of other areas that might be affected. Mr. Hooks added that the public hearing needed to be handled as well just from a notification standpoint.
Following some discussion, Mr. Payne moved that a public hearing be held on January 11, 2010. Mrs. Langlow seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request to consider the Homewood Planning Commission’s favorable unanimous recommendation to amend the Zoning PMUD (Planned Mixed Use District) Permitted Uses to exclude “Hotel and motel” (Public Hearing held September 14, 2009) (First reading – September 14, 2009 council meeting and second reading at the October 12, 2009 council meeting).
Mrs. Langlow stated that the Planning and Development Committee met and voted 4 – 0 to recommend not accepting the amendment to the original proposed ordinance to allow any exceptions including Mr. Chiman Patel’s existing project to be grandfathered in and recommended adopting the original ordinance as advertised and read as its “first reading” at the Public Hearing on September 14, 2009, and read as its “second reading” at the council meeting on October 12, 2009.
Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:
Ordinance No. 2405
(An Ordinance to amend Subsection (2) entitled “Permitted Uses” of Sec. “Y” entitled “PMUD Planned Mixed Use District” to Article IV entitled “District Uses” of Appendix A entitled “Zoning” of the Code of Ordinances of the City of Homewood, Alabama)

Mrs. Langlow moved for the adoption, enrollment and publication of Ordinance No. 2405.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Trippe stated that there had been some discussion of grandfathering in one particular potential use and if this ordinance passed tonight and the use was not grandfathered in, was it barred from going forward.
Mr. Kendrick stated that was correct, if it has not been approved
Upon roll call, the votes were Ayes: Scott, Moody, McClusky, Jones, Payne, Hooks, Langlow and Underwood. Nays: Smith and Trippe. The motion carried by a vote of 8 - 2.
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 for consideration of a revenue services contract.
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend sending out a request for proposal due on Monday, December 7, 2009, at 5:30 p.m. for services to collect delinquent businesses licenses.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that the Public Hearing November 23, 2009, for consideration to adopt per Ordinance the 2009 International Building Code, International Fire Code, International Fuel Gas Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, 2008 National Electrical Code, and 2008 International Energy Conservation Code would be carried over.
The next item on the agenda under Old Business was the request for consideration of a variance to the Sign Ordinance at 290 Oxmoor Road/ Burger King.
Mr. Underwood stated that Mr. Hooks would report tonight on items coming out of the Special Issues Committee in the absence of Ms. Holladay.
Mr. Hooks stated that the Special Issues Committee met and voted 3 – 1 to recommend referring the aforesaid item back to the Council without a recommendation. Mr. Hooks further stated that the request from Burger King was to install a 55-foot pole sign in the State right-of-way near I-65.
Mr. Hooks stated that he would recommend that the Council deny the request for a variance from Burger King for a 55-foot pole sign and that would be his motion, in the form of a resolution. Mr. Smith seconded the motion.
Mr. Underwood asked if there was anyone who would like to speak to this matter.
Mr. John DeBuys (Burr & Forman Law Firm/ representing Burger King) addressed the Council. Mr. DeBuys stated that Section 5-183 of the Homewood Code of Ordinances concerning pole signs directed toward Interstate 65 gave an exception in the district where the subject property was located. Mr. DeBuys further stated that Burger King was not bordered on all sides with the interstate right-of-way. Mr. DeBuys added that Section 5-183 stated that the maximum height shall be forty (40) feet above the centerline elevation of Interstate 65, at a point determined by drawing a line perpendicular to the centerline of the highway to the sign. Mr. DeBuys further added that the survey and measurement at this particular location indicated the signage would be 55 feet from actual ground level which was in compliance with that section.
Mr. DeBuys stated that the ordinance indicated the maximum area of the sign should be three hundred (300) square feet. Mr. DeBuys further stated that the sign being requested was a 16-foot diameter sign, so the area would be around 201 square feet for one side of the circular sign. Mr. DeBuys added that the third condition in the ordinance was that the message of the sign must be intended to be only viewed from the main traveled way of Interstate 65 defined as the through traffic lanes exclusive of frontage roads, auxiliary lanes and ramps. Mr. DeBuys further added that the sign could be easily seen if it was perpendicular to the interstate as opposed to parallel to the highway, and it would produce less of a safety factor also, although it could still not be seen in time for somebody to get off the interstate at that time.
Mr. Moody asked if he had understood correctly that the sign was not really as viewable from the travel lanes of the interstate and not in time to get off the interstate.
Mr. DeBuys again addressed the Council and stated that if a person was driving slowly in the right lane and knew it was there, it could be done, but the sign was not as visible for a first time driver who was focused on traffic and traveling at about 45 miles per hour.
Mr. Scott stated that if the sign was intended to capture tourism traffic or people just traveling through the area and did not know it was there, the sign would not catch them anyway.
Mr. DeBuys again addressed the Council. Mr. DeBuys stated that the purpose was to let people know that there was a Burger King at that location and not necessarily to catch the one-time guy going on through on the interstate.
Mr. Scott stated that on the agenda tonight under New Business were items related to the big menu signs that would capture people and give them enough safe distance to exit. Mr. Scott further stated that would be an option to the 55-foot pole sign and it would capture two types of traffic – people that already knew it was there and the tourism traffic traveling for example between Montgomery and Huntsville.
Mr. Todd Thompson (Gonzalez Strength & Associates) addressed the Council. Mr. Thompson stated that the 55 feet was from the top of the sign measured to the natural existing grade of the ground and there would be no planter box or anything to inflate it and get it up higher.
At this point, Mr. Underwood asked if there was anyone else who wished to speak on the aforesaid matter. There was no response from the audience.
Mr. Underwood stated that the public hearing was concluded. Mr. Underwood reminded the Council that the motion on the floor was to deny the request for a variance from Burger King for a 55-foot pole sign at 290 Oxmoor Road.
Mr. Hooks stated that this matter had been debated extensively in committee on several occasions and he had multiple issues with the sign, but the one that concerned him most was the precedent it would set for other businesses who could then make the same argument as Burger King that they had some exemption in the ordinance. Mr. Hooks further stated that the Council had been very consistent specifically in the area of denying pole signs and taking pole signs down and he would urge the Council to vote in favor of the resolution to deny the request.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-183
(A Resolution denying Burger King’s request for a sign variance to the Homewood Sign Ordinance to permit the installation of a 55-foot pole sign at 290 Oxmoor Road)

Mr. Hooks moved for the adoption and enrollment of Resolution No. 09-183 denying Burger King’s request for a sign variance to the Sign Ordinance to permit the installation of a 55-foot pole sign at 290 Oxmoor Road. Mr. Smith seconded the motion.
Mr. Underwood 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. Moody stated that the Public Works Committee met and voted 5 – 0 to recommend repaving the alley at the end of Forrest Drive as requested by Ms. Heather Hardin based on a review of the options for the repaving process by the city departments and further recommended sending the matter to the Finance Committee for a recommendation on a funding source.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that the aforesaid item would be referred to the Finance Committee as recommended.
Mrs. Langlow left the Council Chambers at this time (6:48 p.m.).
Mr. Smith stated that the Public Safety Committee met and voted 5 – 0 to recommend having no objections to the issuance of a ABC Board Alcoholic Beverage license as approved through the ABC Board for Michael’s restaurant pending Michael’s receiving a Certificate of Occupancy and applying for a city business license prior to the Council meeting on November 9, 2009 at 6:00 p.m. Mr. Smith further stated that at the time the Committee met, the approval from the Police Department had been received. Mr. Smith added that he now had a letter from the Fire Chief indicating that they had no objections to the issuance of the ABC license since they will have their issues worked out by the time the Certificate of Occupancy was issued. Mr. Smith further added that Mrs. Cook had indicated that the business license had been taken care of and she has no objection.
Mr. Smith moved that the Council go on record as having no objections to the issuance of ABC Board Alcoholic Beverage license for Michael’s restaurant.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend payment of $1,386.00 for electrical work on the Police Department West Precinct sign from the Line Item Account No. 12-13-5-225.00/ Small Infrastructure Projects Account/ Capital Projects Fund/ 2009-2010 Budget.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-184
(A Resolution appropriating the sum of $1,386.00 from Line Item Account No. 12-13-5-225.00/ Small Infrastructure Projects Account/ Capital Projects Fund/ 2009-2010 Budget to be used by the Police Department to pay for electrical work on the West Precinct sign)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-184.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Old Business was the request for consideration of a contract for services.
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend allowing the Mayor to enter into a contract for services as presented for Mr. Sam Drummond for a period of 90 days with the stipulation that the contract would be reviewed after the 90 days. Mr. Trippe further stated that the Administrative staff was in need of these temporary accounting services.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-185
(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 and that the funds necessary to satisfy consideration of the contract are to be paid from Line Item No. 01-11-5-204.00/ Contractual Services/ General Government/ General Fund Budget 2009-2010)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-185 authorizing a contract with Mr. Sam Drummond to provide accounting services for a period of 90 days, to be paid from Line Item No. 01-11-5-204.00/ Contractual Services/ General Government/ General Fund Budget 2009/2010.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 3 – 0 to recommend approval of Change Order Nos. 2 and 3 for Stewart Perry Construction for Fire Station No. 1 as presented by Chief John Bresnan (Fire Department) and recommended by Tim Coker/cpm/ Fire Station No. 1/ Project Manager. Mr. Trippe further stated that Change Order No. 2 was a net deduct in the amount of $6,420.00 due to the epoxy system for the rest room flooring being changed resulting in a savings of that amount. Mr. Trippe added that Change Order No. 3 was to add some striping in the internal truck bays for guidance in backing the trucks up which would be a net add-on of $2,136.00. Mr. Trippe further added that the two change orders would be handled in separate resolutions.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-186
(A Resolution approving Change Order No. 2 to The Stewart Perry Company for the Fire Station No. 1 Project for an alternate to the originally specified epoxy floor system for the rest room areas of the Project as provided for in the Change Order Request attached to the Resolution as Exhibit A and which Change Order No. 2 will deduct the sum of $6,420.00 from the contract)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-186 approving Change Order No. 2 to The Stewart Perry Company for the Fire Station No. 1 Project.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-187
(A Resolution approving Change Order No. 3 to The Stewart Perry Company for the Fire Station No. 1 Project for the addition of stripes on one side of the four truck bays of the Project provided for in the Change Order Request attached hereto as Exhibit A, which Change Order No. 3 is in the sum of $2,136.00)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-187 approving Change Order No. 3 to The Stewart Perry Company for the Fire Station No. 1 Project.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request for consideration of a resolution authorizing payment of invoices for the period October 10, 2009 through October 23, 2009 (Two invoices withheld by Mr. Trippe/ Chamber of Commerce dues of $250.00 and an invoice related to a contract for services).
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend payment of $742.50 for an invoice related to a contract for services (for temporary services of Mr. Sam Drummond) to be paid from Line Item Account No. 01-11-5-204.00/ Contractual Services/ General Government/ General Fund Budget 2009/2010 and further voted 4 – 0 to recommend denying payment of $250.00 Chamber of Commerce membership dues based on Council Member Scott’s representation that the invoice was an error.
Mr. Philip Poole (President/ Homewood Chamber of Commerce) addressed the Council. Mr. Poole stated that the invoice for the membership dues to the City was an error and had already been wiped off the books since it was paid as part of the allocation that the Chamber of Commerce received from the City.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 09-188
(A Resolution appropriating the sum of $742.40 from Line Item Account No. 01-11-5-204.00/ Contractual Services/ General Government/ General Fund Budget 2009/2010 for payment of contractual services)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-188.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood reminded the Council that Item No. 14.02.09 – Request to consider a services contract/ financial procedures was added to the Committee Referral Agenda to be referred to the Finance Committee.
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

01.02.09 Request for consideration of a bid opening date/ In-Car Camera System/ Police Department – Chief Phil Dodd/ Police Department - FINANCE COMMITTEE

02.02.09 Request to consider declaring as surplus a used 1980 International cargo truck – Fire Department/ Chief John Bresnan - FINANCE COMMITTEE (Note: This item was later removed from the Committee Referral Agenda and placed on the Other New Business Agenda, the truck was declared surplus by adoption of Ordinance No. 2506, and the item was then referred to the Finance Committee as shown on the Committee Referral Agenda for a Bid Opening on a truck for the Fire Department to be held on November 23, 2009 at 5:30 p.m. – See Pages 13-15 of these Minutes.

03.02.09 Request to consider reviewing the current Tree Ordinance/ Ordinance No. 2364 – Sam Scott - SPECIAL ISSUES COMMITTEE

04.02.09 Request to consider adding Highway Menu Signs on Hwy 65 for the Lakeshore Exit merchants – Sam Scott - SPECIAL ISSUES COMMITTEE

05.02.09 Request to consider adding Highway Menu Signs on Hwy 65 for the Oxmoor/W. Oxmoor Rd. Exit merchants – Sam Scott - SPECIAL ISSUES COMMITTEE

06.02.09 Request for consideration of hours of operation of the motor court on the City Hall Plaza – Scott Bryant, SOHO, LLC/ City Clerk
SPECIAL ISSUES COMMITTEE

07.02.09 Request for consideration of proposed 2009/2010 budgets for restricted/ special funds – Anthony Smith - FINANCE COMMITTEE

08.02.09 Request for consideration to declare an emergency by Mayor McBrayer to unfreeze funding in the Capital Projects Fund in the amount of $4,600.00 for Fleet Maintenance Department – Mayor Scott McBrayer
FINANCE COMMITTEE

09.02.09 Request to consider GASB-45 report re: valuation from Scott Fontenot –
Scott Fontenot/ Rebowe & Company CPA’s/ City Clerk – FINANCE COMMITTEE

10.02.09 Request to consider long term financial plans – Anthony Smith –
FINANCE COMMITTEE

14.02.09 Request to consider a services contract/ financial procedures – Sam Scott – FINANCE COMMITTEE

There being no objections to the Committee Referral Agenda as presented, with the addition of Item No. 14.02.09, Mr. Scott moved to approve the Committee Referral Agenda. Mr. McClusky seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Committee Referral Agenda was approved without dissent.
Mr. Trippe stated that he would like for the Council to look at an item on the Committee Referral Agenda, Item No. 02.02.09 – Request to consider declaring as surplus a used 1980 International cargo truck. Mr. Trippe further stated that before sending the item to the Finance Committee, he would like to go ahead in order to solicit sealed bids for this piece of equipment and set a bid opening date and then refer it to committee.
Mr. Kendrick stated that first an ordinance would need to be adopted to declare the 1980 cargo truck surplus
Mr. Trippe asked that Item No. 02.02.09 be removed from the Committee Referral Agenda so that it could be considered tonight.
Mr. Underwood stated that without objection from the Council, Item No. 02.02.09 – Request to consider declaring as surplus a used 1980 International cargo truck would be removed from the Committee Referral Agenda and placed under the Other New Business Agenda. There was no objection from the Council. (See Page 15 of these Minutes for consideration of this item.)
The first item of business on the Other New Business Agenda was the request for consideration of a 040 – Retail Beer (On or Off Premises) license application for SAWS, Inc. d/b/a SAWS BBQ at 1008 Oxmoor Road.
Mr. Michael Wilson (SAWS BBQ) addressed the Council. Mr. Wilson stated that he had let his ABC Board license expire so he was required to go through the process once again. Mr. Wilson further stated that he was hopeful the Council would approve his request for renewal of his 040 – Retail Beer (On or Off Premises) license. Mr. Wilson added that he was trying to speed up the process by asking for this matter to be placed on the agenda tonight.
Mr. Smith stated that the letters from the Police Department and the Fire Department indicating they had no objections to the issuance of the license had been received and Mrs. Cook had also indicated she had no objection because a business license had been obtained as well.
Mr. Smith then moved that the Council go on record as having no objections to the issuance of a 040 – Retail Beer (On or Off Premises) license application for SAWS, Inc. d/b/a SAWS BBQ at 1008 Oxmoor Road. Mr. McClusky seconded the motion.
Mr. Underwood 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.
The next item of business to be considered under the Other New Business Agenda was Item No. 02.02.09 – Request to consider declaring as surplus a used 1980 International cargo truck/ Fire Department.
Mr. Trippe stated that based on the Mayor’s request, he would like to go ahead and have the first reading of the proposed ordinance to declare the 1980 International cargo truck declared surplus.
Mr. Kendrick, at this time, presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to dispose of surplus Municipal property – 1980 International Cargo Haz-Mat Truck)
Mr. Trippe moved for unanimous consent to consider the proposed Ordinance as read tonight. Mr. Smith seconded the motion.
On a voice vote, the motion for unanimous consent carried without dissent.
At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:
Ordinance No. 2406
(An Ordinance to dispose of surplus Municipal property – 1980 International Cargo Haz-Mat Truck)
Mr. Trippe moved for the adoption, enrollment and publication of Ordinance No. 2406 declaring as surplus property a 1980 International Cargo Haz-Mat Truck. Mr. Smith seconded the motion.
Mr. Underwood 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.
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 also related to the aforesaid item, he would like to go ahead and set a bid opening date for a truck for the Fire Department and have this matter referred to the Finance Committee for that bid opening.
Mr. Underwood stated that without objection, a bid opening would be held on November 23, 2009 at 5:30 p.m. and the matter would be referred to the Finance Committee for that bid opening.
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 October 24, 2009 through November 6, 2009.
Mr. Trippe stated that he had reviewed the invoices for the period October 24, 2009 through November 6, 2009, for the Finance Committee, they were in order, and he would recommend payment of those invoices.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 09 – 189
(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 October 24, 2009 through November 6, 2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-189 authorizing payment of the invoices for the period October 24, 2009 through November 6, 2009. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item to be considered under the Other New Business Agenda was the report on audit services provided by Kassouf & Company.
Mr. Underwood stated that the audit reports had been received from Mr. Mike Mason (Kassouf & Company) with regard to the two engagements that Mr. Mason had been requested to undertake and those reports had been provided electronically and by hard copy to members of the Council. Mr. Underwood further stated that for the record he would like to read the short paragraphs of the conclusions of the reports. Mr. Underwood then read the conclusions of the report from the January, 2009, engagement as follows: “There was a general lack of internal control over accounting procedures and processes before September 2008 with books and records that were not up to date or current. As of March 2, 2009, the annual audit of the City books and records for year ended September 30, 2008, was not complete primarily because needed supporting documents and reconciliations for year ended 2008 had not been provided to the auditors. The books and records for the months after September 30, 2008, were not up to date as of March 2, 2009. Most of the inadequate financial reporting, accounting practices and procedures carried over to the current fiscal year. There is a recommendation for the creation of a policies and procedures manual for accounting and financial reporting practices. The policies and procedures should be based on good internal control, timeliness and transparency.” Mr. Underwood then read some of the findings from the August, 2009, engagement as follows: “There were multiple differences in the budgeted carry-forward fund balances and the actual carry-forward fund balances for several funds. These carry-forward fund balances were not revised as actual carry-forward fund balances became available. In certain funds the carry-forward balance caused certain funds to appear to have a surplus in a year when the funds were in a deficit position. This will cause a fund balance to gradually decrease until there are insufficient funds. This was the case with the 7 Cent Gas Tax Fund. There were errors recording budgeted revenues and carry-forward fund balances in the accounting records. There were multiple errors in day to day accounting transactions. Many accounting errors were corrected at a later date with limited or non-existent documentation of the original error and subsequent correction. Our analysis of the School Fund indicated that funds were not disbursed to the Homewood Board of Education in a timely manner. Using signatures on checks, without the approval of the authorized signator should be prohibited.” Mr. Underwood added that although the reports painted a picture of some inadequacies and inconsistencies in financial management and oversight over a period of years, what they mostly reflected was a great proactive stance that the City had taken to identify and respond to the findings and the situation that was found. Mr. Underwood further added that early on in this administration, getting the financial house in order was identified as the number one priority, a priority that had been taken seriously, and significant progress had been made through this report and through other actions of the Council and the Mayor.
Mr. Underwood stated that the report provided a call to action and a roadmap for moving forward to use this information and Mayor McBrayer had already put into place many of the recommendations that came out of this particular report. Mr. Underwood further stated that he wanted to make it clear that there has been absolutely no finding or no indication of any kind of theft or fraud. Mr. Underwood added that basically there were some systems in place that were not adequate, without the level of internal controls that were needed, and it was up to the City to resolve to use this information to put in place the proper practices that the citizens deserved and he was confident that was happening. Mr. Underwood further added that he would not want to give anybody the indication that this process was over because there was still a lot of continuing work to be done.
Mr. Underwood stated that he would just like to applaud everybody in the administration for the diligence that had been demonstrated in the quest to get the financial house in order. Mr. Underwood encouraged people who had specific comments about any of the findings in the reports to direct those comments to the Mayor or talk to anybody else on the Council.
Mr. Underwood stated that at this time, he would like to discuss with the Council the schedule for the December, 2009, Council meetings.
Following some discussion, Mr. Jones moved that the regularly scheduled Council meeting dates for December, 2009, which would normally be held on December 14 and December 28, 2009, be changed to December 7 and December 21, 2009. Mr. Trippe seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Smith stated that the Public Safety Committee would meet on Monday, November 16, 2009 at 6:00 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, November 16, 2009 at 5:30 p.m.
Mr. Moody, at this point, stated that he would like to give a report on the Fire Station No. 1 Project. Mr. Moody reported that Fire Station No. 1 was way ahead of the contract date of mid-August, even though 10 days was lost due to rain, and the substantial completion date was now mid-to-late April. Mr. Moody further stated that at this point the project was $77,000.00 ahead of budget with all the approved change orders already done.
Mr. Hooks stated that the Special Issues Committee would meet on Monday, November 16, 2009 at 6:30 p.m.
Mr. Trippe stated that the Finance Committee would meet on Monday, November 16, 2009 at 7:00 p.m.
Mayor’s Comments:
I appreciate the kind words you said about my administration. I think the one nice thing about Kassouf & Company and Mike Mason’s work with the City is that as a group, we all had a common goal, and that was to make sure that what we are doing is correct and in the way that we properly need to go about managing the City. I too have received the report that you have today outlining the findings for the two separate engagements. I was very pleased with their findings because they were pretty much as expected; there were really no big surprises. Let me just say that Mike Mason has been very easy to work with and we have worked closely as we have gone through this process. Early on I asked him to interview employees and I asked employees to be honest and give as much information to him as they possibly could to help us in turn put in some policies and procedures that would help us be even better. I believe he has been able to do that. As challenges were brought to my attention throughout this process, we were able to correct those immediately. We very much appreciate this Council’s commitment to help my administration organize our finances, our policies and our procedures going forward. We have a tremendous opportunity to make Homewood the example in Alabama of how municipalities can be managed. The findings that Mike has given to us are properly being addressed and the accounting firm has given recommendations so that those findings from previous administrations are not repeated in mine. I would publicly like to thank Mrs. Cook and Mr. Bischoff for all their hard work in helping to implement these new policies. I would also like to thank you, Mr. President, for taking all the phone calls for me concerning this process and helping make that be as smooth as possible, and Mike Kendrick thank you for making sure that I don’t step over any lines when dealing with Personnel Board issues and those kind of things. I just very much appreciate everybody’s help in this. It is almost too big of a job for one person to try to do it on their own. I am very grateful for the help that we have had. Overall it has been a very positive and much needed process. I believe that our neighbors can take a lot of pride in knowing that we have added procedures that are going to help us down the road and help us to get that much closer to having an even more financially stable city. I think that is important to us as a group; I know it is important to our neighbors. Again, thanks to Mike, and thanks to all of you for your help and support through this and I think overall it has been a very good day for Homewood. As you said, it does provide us a very good roadmap going forward. I am thankful that you all were dedicated enough to hire somebody that could help us do that.

The Holiday Open House was very well received and I hope all of you had a chance to attend. Some of you have e-mailed me or called me with suggestions of some small things we could do next year to make it even better and we certainly look forward to that. I received a lot of calls from merchants thanking the City for being involved as much as we were. I really want to thank Tricia and Philip for their hard work in helping put all of this together because when the businesses benefit, it certainly helps us as a City.

J. J. Bischoff and I met with ALDOT today and Governor Riley, and the mayors of Mountain Brook and Vestavia to give us an update on the 280 Project, something I think you would be very interested in. In the near future, if there is something you’d like to have a presentation on, I would be happy to work with President Underwood and see if we can get that arranged for you.

Lastly, I am going to end with kind of a call to action to just be aware in your neighborhoods. I know you have all had a lot of e-mails regarding the burglaries that we have been having. It is not just here in Homewood, it is happening all across Mountain Brook, Vestavia especially has been hit hard, and at the meeting today I spoke with those two mayors. They are experiencing a lot of the same challenges that we are having here in Homewood. Sgt. Evans attempted to stop a vehicle today that was a suspected car in some burglaries, a chase ensued, and we had from 15 to 20 officers that finally got him stopped on Interstate 65 North after he had tried to run over one officer and after attempting to shoot the tires out on one of our police cars. It is serious, but it also brings to attention again how thankful we should be for having a group of police officers who are willing to get out there and fight those kinds of people. So if do have a chance to say thank you to the police, please do that. I know a lot of you have been attending neighborhood meetings and I am grateful for neighbors that are interested in helping the police stop these people, so just be aware. My plea to you would be to remind the neighbors to never feel like they are imposing on the police, to pick up the phone and call the Police Department if they feel like something is not right. If something looks out of place to them and they are used to living in that neighborhood, it is probably out of place. Our guys are glad to respond to any call. While we hope it is nothing, it very well could be. We have had two instances in the last week where neighbors saw something that looked out of place and an hour later decided to walk over and check it out where a home had been burglarized. Within an hour, you can be a long way from here. So if you do see something, call immediately.

Again, thanks for all you are doing and if my office can help you in any way, let me know.

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

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