M I N U T E S

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

October 12, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, October 12, 2009 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, Jeff Underwood. Upon roll call, the following were present: Anthony Smith, Sam Scott, Allyn Elizabeth Holladay, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, David Hooks, Jackie Langlow, Allan Trippe and Jeff Underwood. Absent: None. Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
Mr. Jones moved to dispense with the reading of the Minutes of the September 14, 2009 meeting and the September 28, 2009 meeting and approve them as distributed. Mr. Scott seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.
At this time, the Council President recognized Mr. Philip Poole (President/ Homewood Chamber of Commerce) who addressed the Council. Mr. Poole stated that Homewood was blessed to have a lot of good businesses, but this year, the Alabama Retailers Association at their annual awards luncheon on Sept. 29th honored 3 of our businesses. Mr. Poole further stated that the City of Homewood was the only city in the State with a winner in every category. Mr. Poole added that all three of those businesses were represented tonight. Mr. Poole further added that the Chamber Board thanks the Mayor and Council for joining them in honoring these folks.
Mr. Underwood stated that the retailers would be recognized in no particular order and asked the representatives for each retailer to come up front as their business was recognized per the reading of their resolution.
Ms. Holladay, at this time, read the following Resolution in recognition of Mazer Discount Superstore as a Silver Award winner of the 2009 Retailer of the Year Awards:
Resolution No. 09-165
WHEREAS, the Alabama Retail Association (“ARA”) in cooperation with the University of Alabama at Birmingham (“UAB”) has recognized nine outstanding Alabama retailers as “Retailers of the Year,” and

WHEREAS, Mazer Discount Superstore in Homewood has been recognized by ARA as a Silver Award winner of the 2009 Retailer of the Year Awards; and

WHEREAS, the City of Homewood is honored that Mazer Discount Superstore has elected to concentrate the company’s operations and its 150 employees into the 260,000-square foot Homewood store; and

WHEREAS, Homewood desires to commend the owners of Mazer Discount Superstore for their numerous contributions to the community and for Mazer’s continued company history to offer the best prices and the best service anywhere for its valued customers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Homewood, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows:

1. That the Mayor and City Council of Homewood do publicly recognize, commend and congratulate Mazer Discount Superstore in Homewood as being recognized by the Alabama Retail Association as a Silver Award winner of the 2009 Retailer of the Year Awards.

2. That the contributions of Mazer Discount Superstore and Michael Mazer to the City of Homewood have brought great honor and extreme pride to the City of Homewood and its residents through Mazer’s hard work and dedication to serve its customers with quality products at the lowest prices.

3. That the Mayor and City Council of the City of Homewood do direct that a copy of this Resolution, after its adoption by the City Council and approval by the Mayor, be distributed to Mazer Discount Superstore and Michael Mazer and that an appropriately certified copy thereof be forwarded by the Mayor and City Clerk to such other persons or organizations they deem appropriate.

4. That this resolution shall be made a part of the official minutes of the meeting of the Homewood City Council.

ADOPTED this the 12th day of October, 2009.

(s) Jeff Underwood
President of Council

APPROVED:
(s) Scott McBrayer
Mayor

ATTEST:

(s) Linda J. Cook
City Clerk

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-165. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
At this point, Mayor McBrayer stated that he would publicly like to recognize and thank Mr. Michael Mazer (Mazer Discount Superstore) for the donation of two new couches that were used by the Homewood Fire Department in a demonstration showing the effect of fire on homes having a sprinkler system and homes not having such a system.
Mr. McClusky, at this time, read the following Resolution in recognition of Mama Goldberg’s Deli in Homewood as a Bronze Award winner of the 2009 Retailer of the Year Awards:
Resolution No. 09-166
WHEREAS, the Alabama Retail Association (“ARA”) in cooperation with the University of Alabama at Birmingham (“UAB”) has recognized nine outstanding Alabama retailers as “Retailers of the Year,” and

WHEREAS, Mr. Justin Edwards, Scott Dean and Hal Craig as owners and managers of Mama Goldberg’s Deli in Homewood have been recognized by ARA as a Bronze Award winner of the 2009 Retailer of the Year Awards; and

WHEREAS, the Homewood Mama Goldberg’s Deli location opened in December 2007 and since that time has increased its sales continuously to the present time and has developed the ability to cut labor costs by developing a program that evaluates sales over time intervals allowing it to adjust schedules appropriately; and

WHEREAS, Mama Goldberg’s Deli of Homewood has displayed its community spirit by making a point to help out and offer discounts to the people of Homewood and has always provided consistently good food and service to its patrons.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Homewood, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows:

1. That the Mayor and City Council of Homewood do publicly recognize, commend and congratulate Mama Goldberg’s Deli in Homewood as being recognized by the Alabama Retail Association as a Bronze Award winner of the 2009 Retailer of the Year Awards.

2. That the City Council does desire to applaud the contributions of Justin Edwards, Scott Dean and Hal Craig as owners and managers of Mama Goldberg’s Deli in Homewood in that Mama Goldberg’s Deli has brought great honor and extreme pride to the City of Homewood and its residents through the hard work of the owners and employees of Mama Goldberg’s Deli in Homewood.

3. That the Mayor and City Council of the City of Homewood do direct that a copy of this Resolution, after its adoption by the City Council and approval by the Mayor, be distributed to Mama Goldberg’s Deli, Justin Edwards, Scott Dean and Hal Craig and that an appropriately certified copy thereof be forwarded by the Mayor and City Clerk to such other persons or organizations they deem appropriate.

4. That this resolution shall be made a part of the official minutes of the meeting of the Homewood City Council.

ADOPTED this the 12th day of October, 2009.

(s) Jeff Underwood
President of Council

APPROVED:
(s) Scott McBrayer
Mayor

ATTEST:

(s) Linda J. Cook
City Clerk

Mr. McClusky moved for the adoption and enrollment of Resolution No. 09-166. 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.
At this time, Mr. Scott read the following Resolution in recognition of Shaia’s of Homewood as a Gold Award winner of the 2009 Retailer of the Year Awards:
Resolution No. 09-167
WHEREAS, the Alabama Retail Association (“ARA”) in cooperation with the University of Alabama at Birmingham (“UAB”) has recognized nine outstanding Alabama retailers as “Retailers of the Year,” and

WHEREAS, Shaia’s of Homewood has been recognized by ARA as a Gold Award winner of the 2009 Retailer of the Year Awards; and

WHEREAS, Shaia’s of Homewood has been operated by the Shaia family continuously since 1922 to the present time in Homewood with emphasis on men’s and women’s retail clothing which has evolved into the store’s current focus of high-quality men’s clothing, furnishings and shoes; and

WHEREAS, Shaia’s of Homewood has been the only Alabama business named to Esquire Magazine’s “Best of Class” list of men’s stores for the past five years and has been designated as one of Esquire’s “Gold Standard” stores as one of the best in the business; and

WHEREAS, the Shaia family has generously invested of their time and energy to the community and Homewood has been fortunate to experience not only their business leadership but their civic dedication; and

WHEREAS, ARA has cited Shaia’s owners for their loyalty to their staff, the store’s national reputation, expanding Web presence and community contribution as a basis of awarding the 2009 Retailer of the Year award to Shaia’s of Homewood.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Homewood, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows:

1. That the Mayor and City Council of Homewood do publicly recognize, commend and congratulate Shaia’s of Homewood as being recognized by the Alabama Retail Association as a Gold Award winner of the 2009 Retailer of the Year Awards.

2. That the Shaia family’s contributions to the City of Homewood have brought great honor and extreme pride to the City of Homewood and its residents through their dedication and hard work.

3. That the Mayor and City Council of the City of Homewood do direct that a copy of this Resolution, after its adoption by the City Council and approval by the Mayor, be distributed to Shaia’s of Homewood and the Shaia family and that an appropriately certified copy thereof be forwarded by the Mayor and City Clerk to such other persons or organizations they deem appropriate.

4. That this resolution shall be made a part of the official minutes of the meeting of the Homewood City Council.

ADOPTED this the 12th day of October, 2009.

(s) Jeff Underwood
President of Council

APPROVED:
(s) Scott McBrayer
Mayor

ATTEST:

(s) Linda J. Cook
City Clerk

Mr. Scott moved for the adoption and enrollment of Resolution No. 09-167. Mr. Payne seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 15.01.09 – Request to consider paying down accumulated overtime. (Anthony Smith) (Note: This item was added to the Committee Referral Agenda for referral to the Finance Committee)
Mr. Underwood stated that without objection from the Council, the aforesaid item would be added to the agenda.
Mr. Underwood stated that at this time he would like to consider the Consent Agenda. Mr. Underwood asked if there was any objection to the Consent Agenda as presented:
*CONSENT AGENDA

30.07.09 Request for discussion of current status of continuing resolution 2008-2009 budget – Finance Committee - Action Taken: The Finance Committee on 10/05/09 recommended dropping this item.

There being no objections to the Committee’s recommendation on the Consent Agenda item, Mr. Hooks moved to approve the Consent Agenda. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Consent Agenda was approved without dissent.
The first item of business on the agenda under Old Business was the request for consideration of pay down on unfunded pension increase rates (Carried over from the November 28, 2009, Council meeting).
Mr. Trippe stated that Mr. Bischoff (Chief of Staff) had requested that the aforesaid matter be referred back to the Finance Committee.
Mr. Underwood stated that this matter would be referred to the Finance Committee as requested.
The next item 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 on September 14, 2009) (First reading – September 14, 2009 Council meeting).
Mrs. Langlow stated that the Planning and Development Committee met and voted 4 – 0 to recommend the Homewood Planning Commission’s favorable unanimous recommendation to amend the Zoning PMUD (Planned Mixed Use District) Permitted Uses to exclude “Hotel and motel.”
At this point, Mr. Kendrick gave a second reading of the proposed Ordinance.
Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:
Ordinance No. 2403
(An Ordinance to amend Subsection 2 entitled “Permitted Uses” of Section Y entitled “PMUD Planned Mixed Use District of Article IV entitled “District Uses” of Appendix A entitled “Zoning Ordinance of the City of Homewood, Alabama)

Ms. Holladay moved for the adoption and enrollment of Ordinance No. 2403. Mr. Moody seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mrs. Langlow stated that she would like to clarify what had happened in the Planning and Development Committee regarding this matter. Mrs. Langlow further stated that Mr. Charlie Shah (Attorney representing Mr. Chiman Patel) had addressed the committee stating that Mr. Patel owned a vacant lot in Wildwood and had received a franchise agreement to build a hotel (Homewood Suites) in the near future, possibly sometime in 2011, but he was not quite sure. Mrs. Langlow added that Mr. Greg Cobb (Engineering, Planning and Zoning Department) had acknowledged that Mr. Patel had submitted a preliminary plan for construction of a hotel for consideration of the Planning Commission at the November 3, 2009 meeting. Mrs. Langlow further added that due to the ordinance having only had its first reading and not being lawful as yet, the preliminary plan would be grandfathered in, with Ms. Holladay proposing in committee to allow Mr. Patel’s hotel project with the existing franchise agreement with Homewood Suites with restrictions that if the franchise fell through, then the project would go away.
Mrs. Langlow stated that it was explained to Mr. Patel that we were not changing the zoning there, but we were simply wanting to adjust the use of the land so that there would not be so much hotel/ motel that there could be no redevelopment there. Mrs. Langlow further stated that she just wanted to for the record submit into Ms. Cook’s minutes that we did have discussion with Mr. Patel and what came out from the P&D report could be added into these.
Mr. Underwood asked if there were any other comments.
Mr. Moody stated that the Planning & Development Committee had requested that Mr. Patel supply various and sundry information to us prior to voting on this and wanted to know if that information had been received.
Mr. Kendrick stated that Mr. Patel had delivered that information in the form of a franchise agreement to Ms. Cook today which she handed to me prior to this meeting. Mr. Kendrick further stated that he would have a copy of the agreement distributed to the council. Mr. Kendrick added that his understanding of the motion before the council was without any conditions regarding Mr. Patel. Mr. Kendrick further added that if there are conditions from the Planning & Development Committee that those conditions needed to be clarified on the record because the motion as he understood it was to adopt the ordinance as read and as previously distributed.
Mr. Underwood asked if the action taken tonight was incumbent upon Mr. Patel providing the information requested from the Planning & Development Committee and upon receiving this information was it the intent of the Planning & Development Committee to allow Mr. Patel to continue on with his project.
Mrs. Langlow stated that Mr. Patel was asked to provide some of the documentation tonight pertaining to the various information regarding costs and other things that he had told the committee he had incurred up to that point. Mrs. Langlow further stated that the matter was left there and that she felt that if those things were provided then certainly at that point consideration should be given since Mr. Patel was the only person that had a commitment to what he had already done and the only franchise. Mrs. Langlow added that if Mr. Patel dropped the franchise with Homewood Suites and obtained a different franchise from another hotel chain such as Holiday Inn, then his deal was off. Mrs. Langlow further added that Mr. Patel understood that the franchise had to be the franchise that he had already bought and paid for and committed to build which was Homewood Suites, nothing else.
Ms. Holladay stated that during the discussion in the Planning & Development Committee meeting Mr. Patel told the committee that he does not have construction money and that he doesn’t intend to move forward with his project for another couple of years. Ms. Holladay further stated that she was not a member of the Planning & Development Committee, but she understood that the committee wanted to amend the use for any possibility of changes in the future of the reallocation of Wildwood with the changes to current vacant store properties.
Mr. Moody stated that the motion before the council was without any conditions relating to Mr. Patel’s project.
Mr. Smith asked if the motion that was currently on the floor could be amended to allow Mr. Patel’s existing project to be grandfathered in should the project go forward as proffered.
Mr. Kendrick advised the council that if they were going to deviate the ordinance to provide for exceptions, that the process for advertisement of the proposed ordinance would have to be started over again because the proposed ordinance as read and published was without exceptions.
At this point, Mr. Smith moved to amend the motion on the floor to allow Mr. Patel’s existing project to be grandfathered in should the project go forward as proffered. Mr. Jones seconded the motion with the request that the amended ordinance be referred back to the Planning & Development Committee.
Mr. Underwood stated that the motion was before the council and that the council could continue to discuss.
Mrs. Langlow stated that now that there was something received from Mr. Patel that she had no objections to taking this item back to the committee and then the committee would get a very clear ordinance out so that everybody could understand and therefore; Mrs. Langlow called for the question on the motion on the floor.
Mr. Underwood asked if there was any objection to calling the question. There was no objection from the council.
On a voice vote, the motion carried.
Mr. Underwood stated that the motion was approved and the aforesaid matter would be referred back to the Planning and Development Committee.
Ms. Holladay stated that the Special Issues Committee met and voted 4 – 0 to recommend a variance to the Sign Ordinance for Colonial Brookwood Village at 780 Brookwood Village for an additional four feet on top of the existing sign. Ms. Holladay further stated that this was not a solid monument sign and it would not impede traffic or cause a safety issue.
Ms. Cindy Akins (representing Colonial Properties) presented drawings of the proposed new signage to the Council.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-168
A resolution granting a variance to the Sign Ordinance to permit an additional four (4) feet on top of the existing sign as displayed in Exhibit A for Colonial Brookwood Village.

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-168 granting to Colonial Brookwood Village a variance to the Sign Ordinance to permit an additional four (4) feet on top of the existing sign as displayed in Exhibit A as attached to the Resolution, at 780 Brookwood Village. Mr. Hooks seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that the Public Hearing October 26, 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.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood stated that he just wanted to make a comment on Item No. 10.01.09 on the Committee Referral Agenda – Request from the Homewood City Schools Foundation. Mr. Underwood further stated that the matter would be referred to the Special Issues Committee as indicated on the Committee Referral Agenda, but at some subsequent date the Homewood City Schools Foundation might want to address the Council. Mr. Underwood added that there were several people who wanted to participate in the presentation, but were simply not available tonight.
Mr. Underwood reminded the Council that Item No. 15.01.09 – Request to consider paying down accumulated overtime was added to the Committee Referral Agenda for referral to the Finance Committee.
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as amended:
COMMITTEE REFERRAL AGENDA

01.01.09 Request to consider the proposal of Sullivan Communications, Inc. for the FS#1 Radio System in the amount of $7,925.00 – Tim Coker/ Project Manager Fire Station No. 1/ Chief John Bresnan/ Fire Department
FINANCE COMMITTEE

02.01.09 Request for consideration of a variance to the Sign Ordinance at 2630 18th Street South – Eddie Cleveland/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

03.01.09 Request for consideration of a variance to the Sign Ordinance at 290 Oxmoor Road – Burger King/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

04.01.09 Request for consideration of a transfer in the amount of $310.00 from Account No. 01-12-510500/ Overtime Earnings to Account No. 01-12-550445/ Wireless Communication/ Inspections Department – Jerry Crowe/ Inspections Department
FINANCE COMMITTEE

05.01.09 Request for consideration of additional business signage at SOHO – Teresa Hartley/ SOHO Sweets/ Walter Jones
SPECIAL ISSUES COMMITTEE

06.01.09 Request for consideration to pave alley at the end of Forrest Drive for safety purposes – Heather Hardin/ Walter Jones
PUBLIC WORKS COMMITTEE

07.01.09 Request for consideration to address sidewalk issues – Mayor Scott McBrayer
PUBLIC WORKS COMMITTEE

08.01.09 Request to reconsider the freezing of Capital funds for the in-car video system as that is a no match Federal Grant – Chief Phil Dodd/ Police Department/ J. J. Bischoff/ Chief of Staff
FINANCE COMMITTEE

09.01.09 Request for consideration of invoice for Kassouf & Company – Mayor Scott McBrayer
FINANCE COMMITTEE

10.01.09 Request from Homewood City Schools Foundation – Ashley Condon
SPECIAL ISSUES COMMITTEE

11.01.09 Request to consider variance to Homewood Ordinance # 2188 (regulation of street grades); related to proposed subdivision at 911 and 951 Velmont Road referred by Planning Commission.
PUBLIC SAFETY COMMITTEE

15.01.09 Request to consider paying down accumulated overtime – Anthony Smith
FINANCE COMMITTEE

There being no objections to the Committee Referral Agenda as presented, with the addition of Item No. 15.01.09, Mrs. Langlow moved to approve the Committee Referral Agenda. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Committee Referral Agenda was approved without dissent.
The first item of business on the agenda under the Other New Business Agenda was the request for consideration for an ABC Board Alcoholic Beverage license application for Do Di Yo’s restaurant (pending receipt of the ABC application).
Mrs. Cook stated that the request was pending receipt of the ABC and business license applications and Do Di Yo’s restaurant had obtained their business license today. Mrs. Cook further stated that the ABC office was closed today, but she felt like she would be hearing something about the ABC license application in the next couple of days. Mrs. Cook added that she would recommend the Council having no objections to the issuance of the license.
Mr. Dean Robb (Manager/ Do Di Yo’s restaurant) addressed the Council. Mr. Robb stated that some fingerprints had been presented that did not come through, so last week they were fingerprinted again by the Homewood Police Department and the fingerprints were taken to Montgomery and subsequently forwarded to the Alabama Enforcement Bureau. Mr. Robb further stated that he had talked to Sgt Winters at the ABC Board and the license was on the way. Mr. Robb added that the Certificate of Occupancy had been obtained, as well as the food permit and the business license, so he was hopeful the Council would approve the request.
Mr. Underwood asked when the restaurant was scheduled to open.
Mr. Dean Robb again addressed the Council and stated that the restaurant was scheduled to open on Thursday, October 15, 2009 at 4:00 p.m.
Mr. Jones asked if the reports of no objections from the Police and Fire Departments had been received.
Mr. Smith stated that a report of no objections had been received from the Police Department. Mr. Smith further stated that he did not have a report from the Fire Department, but he would assume the Certificate of Occupancy would not have been issued if the Fire Chief had any objection to it.
Mr. Smith, at this time, moved that the Council go on record as having no objections to the issuance of an ABC Board Alcoholic Beverage license for Do Di Yo’s restaurant pending a copy of the State license. 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.
The next item under the Other New Business Agenda was the request for consideration for an ABC Board Alcoholic Beverage license application for Michael’s restaurant (pending receipt of the ABC and business license applications).
Mayor McBrayer stated that the only thing he knew about this request was that Chief Dodd, who was unable to be present tonight, had informed him that the Police Department had no objection to the issuance of the license.
Mrs. Cook stated that Michaels restaurant was aware of what needed to be done, but they were just not at that stage apparently.
Following some discussion, Mr. Underwood stated that without objection, the aforesaid request for consideration for an ABC Board Alcoholic Beverage license application for Michael’s restaurant would be referred to the Public Safety Committee. There was no objection from the Council.
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 September 26, 2009 through October 9, 2009.
Mr. Trippe stated that he had reviewed the invoices for the period September 26, 2009 through October 9, 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 – 169
(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 September 26, 2009 through October 9, 2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-169 authorizing payment of the invoices for the period September 26, 2009 through October 9, 2009. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Smith asked whether the payments that were being authorized tonight would all be towards the last budget year.
Mr. Trippe stated that it would be a split year and the payments would be booked accordingly.
Mr. Smith asked Mr. Trippe if he would be amenable to splitting the vote on the payments between fiscal years.
Mr. Trippe stated that was fine with him, but he had not specifically looked at them in terms of fiscal year as opposed to whether they were in line for payment.
Mr. Underwood asked if these were expenses that were incurred in the previous fiscal year, should they not be charged against that fiscal year.
Mrs. Cook answered of course. Mrs. Cook further stated that the invoices were marked as to the fiscal year.
Mr. Underwood stated that there was a motion and a second to approve the invoices as presented and his interpretation of the discussion so far was that they would be paid in the year in which they were incurred and as marked on the invoices.
On a voice vote, the motion carried by a vote of 10 to 0. Mr. Smith abstained.
Mr. Underwood stated that at this time he wanted to comment on two things, one being a report on the forensic audit process that was initiated a little over a year ago. Mr. Underwood further stated that Mr. Mike Mason (Kassouf & Company) had presented a draft report and as soon as that report was final, which should be within the next week or so, it was his plan to have a meeting of the Committee of the Whole, at which time Mr. Mason would be present to discuss his findings. Mr. Underwood further added that the forensic audit process was a proactive move on the City’s part to provide a good accounting of mainly policies and procedures, internal controls and things that needed to be addressed.
Mr. Underwood stated that the other thing he wanted to discuss was that there seemed to be a difference of opinion about which set of revenue numbers were approved as part of the current budget. Mr. Underwood further stated that the resolution that was passed referred to the revenue and expense as being the actual numbers for September 30, 2009, but the resolution also referenced that there were certain exceptions to actuals as specified during the Finance Committee meeting. Mr. Underwood added that there were two sets of revenue numbers that might be looked to as possibly being the adopted numbers – the actual numbers on that September 30th statement and the other set of revenue numbers that the Finance Committee looked through fairly methodically and did actual projections on revenue numbers for what was now the current fiscal year. Mr. Underwood further added that some clarification was needed as to which set of numbers was adopted.
Mr. Underwood asked Mr. Trippe for his impression of what the revenue numbers were that were adopted.
Mr. Trippe stated that his recollection was that it would be the actual numbers when the books were closed out September 30, 2009.
Mr. Underwood stated that for clarification, when the Finance Committee reviewed each revenue item and made a projection, was he to understand that those numbers now essentially had been trumped by the actual September 30, 2009, numbers.
Mr. Trippe stated that was his recollection.
Ms. Holladay stated that she had a different recollection because the Finance Committee had considerable discussion regarding the non-recurring numbers and how that could not count into this coming year.
Mr. Underwood stated that the City Attorney had confirmed that the words in the resolution were considered to be sort of the final authority, but in the resolution itself it also said “actual revenue and expenditures for each department and line item except as set out in Exhibit A.” Mr. Underwood further stated that Exhibit A effectively was the Finance Committee approved budget, so that was where there was still some confusion. Mr. Underwood added that in some forum, whether it was the Finance Committee or Committee of the Whole, in his opinion, the Council needed to make sure they were all on the same page and could say what the actual approved budgeted revenue numbers were.
Mrs. Langlow stated that her preference would be to call a Committee of the Whole meeting as soon as possible and not just send the issue back to the Finance Committee. Mrs. Langlow requested that the bank representatives, that represented all of the City’s accounts, be asked to attend the Committee of the Whole meeting to provide actual numbers of what money existed at this time.
Mr. Underwood stated that he had no objection to that, but he was not sure the bank balances were needed to determine which set of revenue numbers was approved.
Mrs. Langlow stated that in light of what had been in the newspaper and what had been quoted and said at meetings, if that could be put to bed, it would really be a positive thing for the City of Homewood and would be clarifying for her as well.
Mr. Hooks stated that while a presentation from the bank was always certainly acceptable, it was the internal accounting numbers that needed to be reflected and the reconciliation against those bank balances, what was carried forward and how things were booked.
Mr. Jones stated that he would like to make a point of order that under Robert’s Rules of Order, items needed to be placed on the agenda that were going to go somewhere as opposed to just adding comments at the end of the meeting. Mr. Jones requested that next time such items be placed on the agenda before the Council just started talking about a topic.
Mr. Smith stated that to the extent that Mr. Trippe brought up the issue of what the Finance Committee voted to approve on September 23, 2009, there was no discussion of using actual revenue numbers going forward. Mr. Smith further stated that there was certainly no consensus as to using those numbers going forward, and that was irrespective of whatever happened on September 28th, but he just wanted the minutes to reflect that to the extent that the Finance Committee was being asked questions as to what the Finance Committee voted for on September 23rd, it did not involve actual revenue numbers.
Mr. Underwood stated that he would be scheduling a Committee of the Whole meeting within the next day or two.
Mr. Smith stated that the Public Safety Committee would meet on Monday, October 19, 2009 at 6:00 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, October 19, 2009 at 5:30 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, October 19, 2009 at 6:30 p.m.
Mr. Trippe stated that the Finance Committee would meet on Monday, October 19, 2009 at 7:00 p.m.
There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.

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