M I N U T E S

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

August 24, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, August 24, 2009 at City Hall at 6:00 p.m. The invocation was given by Council President Jeff Underwood, after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President, Jeff Underwood. Upon roll call, the following were present: Anthony Smith, Sam Scott, Vance Moody, Walter Jones, Hunter Payne, David Hooks, Allan Trippe and Jeff Underwood. Absent: Allyn Elizabeth Holladay and Jackie Langlow. (Note: Ms. Holladay and Mrs. Langlow were not present at roll call, but arrived later in the meeting – See Pages 2-3 of these Minutes for their arrival.) Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney and Linda Cook, City Clerk.
Mr. Hooks moved to dispense with the reading of the Minutes of the August 10, 2009 meeting and approve them as distributed. Mr. Smith seconded the motion. There being no additions or deletions, the Minutes were approved without dissent. Mr. Underwood abstained because he was not present at the August 10, 2009, Council meeting.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 37.11.09 – Request for parking lot revisions/ Do Di Yo’s Restaurant. (Mayor Scott McBrayer) (This item was added to the Committee Referral Agenda and referred to the Public Works Committee.)
New Business: Item No. 38.11.09 – Request to consider Change Order No. 5 concerning a high pressure water line/ Fire Station No. 1. (Tim Coker/ Project Manager/ Fire Station No. 1) (Jeff Underwood/ Council President)
Mr. Underwood stated that without objection from the Council, the aforementioned items would be added to the agenda.
Mr. Underwood stated that at this time he would like to consider the following two items that would be dropped from the Committee Referral Agenda without objection from the Council:
Item No. 25.11.09 – Request for consideration of a line item transfer into the Vehicle Maintenance Account No. 14-4-403.00/ Police Department. Mr. Underwood stated that this item was a duplication of a line item transfer in a group of transfers requested in Item No. 34.11.09 on the Committee Referral Agenda. There was no objection from the Council to drop this item from the agenda.
Item No. 33.11.09 – Request for consideration of permission to close a short portion of 19th Street for a maximum of 14 days. Mr. Underwood stated that Chief Phil Dodd (Police Department) had reported that this did not require Council approval and the matter had been handled administratively with the contractor to begin work related to Michael’s Restaurant. There was no objection from the Council to drop this item from the agenda.
Mrs. Langlow entered the Council Chambers at this time (6:10 p.m.)
The first item of business to be considered was the request for consideration of Change Order No. 5 concerning a high pressure water line/ Fire Station No. 1. Mr. Underwood stated that Mr. Tim Coker (Project Manager/ Fire Station No. 1) had requested that this matter be considered tonight.
Mr. Tim Coker (Project Manager/ Fire Station No. 1) addressed the Council. Mr. Coker stated that an unmarked high pressure water service line had been discovered running through the excavated area of the 20,000 gallon tank at the Fire Station No. 1 site. Mr. Coker further stated that the Birmingham Water Works Board and the engineer had been consulted on means by which this situation could be dealt with which would involve the shoring and protection of that line. Mr. Coker added that he was requesting authorization tonight by approval of a change order so that when that resolution was confirmed, he could move forward. Mr. Coker further added that he had estimated the resolution to cost between $5,400.00 and $7,500.00 maximum.
Mr. Trippe asked if this was something that should have been found when the initial utility search was done.
Mr. Tim Coker again addressed the Council. Mr. Coker stated that the Birmingham Water Works Board had marked the utilities during the utility search, but this water line was not marked nor was it on the Birmingham Water Works maps.
Mr. Trippe stated that he had some concerns about the City paying for something that the Water Works Board did not put on their maps.
Ms. Holladay entered the Council Chambers at this point (6:14 p.m.)
Mr. Kendrick stated that there were a host of questions that might resolve whether or not the City had any responsibility, such as when the line was installed, was it in the right-of-way or easement, but typically the Birmingham Water Works would not let their lines be moved or altered, particularly a high pressure active line.
Mr. Tim Coker again addressed the Council. Mr. Coker stated that the line was not being moved, but it would have to be shored and protected. Mr. Coker further stated that the line actually missed the tank, that it was three feet above the bottom and five feet off the corner of the tank.
Mr. Trippe stated that he was in favor of getting the work done quickly as a change order so that the project would not be delayed, but his vote would be contingent on whether or not the expense could be recouped on the back end.
Mrs. Langlow stated that she wanted to make sure that approval of the Birmingham Water Works Board was obtained before the line was altered in any way in case there was a question about it later.
Mr. Tim Coker again addressed the Council and stated that Gonzalez Strength & Associates was working in concert with the Birmingham Water Works Board on this issue, and whatever resolution was reached, the lines would be coordinated and approved by the Birmingham Water Works Board.
Mr. Underwood stated that there had been two conditions expressed so far, one being an attempt to recover some of the cost from the Birmingham Water Works Board and the other to make sure that this was contingent upon getting the Birmingham Water Works Board approval of whatever work was done.
Mr. Jones, at this point, moved for unanimous consent to consider the aforesaid matter tonight. Mr. Moody seconded the motion.
On a voice vote, the motion for unanimous consent carried without dissent.
Mr. Trippe stated that he would recommend approval of Change Order No. 5 authorizing an expenditure of up to $7,500.00 from the Fire Station line item on the condition (1) that the possibility of reimbursement be investigated from whatever responsible party should have located this line on the maps, and (2) that there be contingent approval from the Birmingham Water Works Board to do this remedial work and that would be his motion.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-131
(A Resolution approving Change Order No. 5 for the Fire Station No. 1 Project concerning a high pressure water line in an amount up to $7,500.00 to be paid from the Fire Station line item on the condition that the possibility of reimbursement be investigated from whatever responsible party should have located the water line on the maps, and there is contingent approval from the Birmingham Water Works Board to do the remedial work on the water line)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-131. 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.
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

09.08.09 Request for consideration of a Parking/Traffic study for the SOHO Square area – Public Safety Committee - Action Taken: This item was dropped in the Public Safety Committee at its meeting on Monday August 17, 2009.

09.11.09 Request for consideration of a 010 – Lounge Retail Liquor – Class I (New) license application for Complete Service, LLC, d/b/a The View at 260 Goodwin Crest Drive – Public Safety Committee - Action Taken: This item was dropped in the Public Safety Committee at its meeting on Monday August 17, 2009.

There being no objections to the Committee’s recommendations on the Consent Agenda items, Mr. Smith 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 consideration of bid results for a radio maintenance contract for the Police Department (Bid Opening held on August 10, 2009 at 5:30 p.m.).
Mr. Trippe stated that the Finance Committee met and voted unanimously to recommend awarding the radio maintenance contract bid for the Police Department to Sullivan Communications, Inc. in the amount of $51,993.28 with the option to extend the contract for two more years as recommended by Chief Phil Dodd (Police Department) as the lowest responsive and responsible bidder.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-132
(A Resolution determining that Sullivan Communications, Inc. is the lowest responsive and responsible bidder to provide maintenance services for the Radio System at a bid price of $51,993.28 with the option to extend the contract for two additional years as provided for in the bid response attached to the Resolution as Exhibit A, to be paid from Account No. 01-14-540900/ Maintenance Contract)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-132 awarding the radio maintenance contract bid to Sullivan Communications, Inc., in the amount of $51,993.28 as the lowest responsive and responsible bidder.
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 pay down on unfunded pension increase rates.
Mr. Underwood stated that this matter would be carried over on the Council agenda to give the Mayor’s Office some additional time to get back with the Council as per the request of the Finance Committee.
The next item on the agenda under Old Business was the request to consider a transfer in the amount of $8,500.00 for the Building Maintenance Department for unbudgeted expenditures.
Mr. Trippe stated that the Finance Committee met and voted 3 – 0 to recommend transferring funds in the total amount of $5,314.79, which was an amended amount from the original request to transfer $8,500.00, as follows: $1,000.00 from Account No. 01-26-5-32200/ Minor Tools/ Building Maintenance/ General Fund 2008-2009 Budget; $300.00 from Account No. 01-26-5-70200/ Travel and Conference/ Building Maintenance/ General Fund 2008-2009 Budget; $1,000.00 from Account No. 01-26-5-70400/ Tuition and Schools/ Building Maintenance/ General Fund 2008-2009 Budget; and $3,014.79 from Account No. 01-11-5-20500/ Personnel Board/ General Fund 2008-2009 Budget to Account No. 01-26-5-40100/ Building Repairs and Maintenance/ Building Maintenance/ General Fund 2008-2009 Budget.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-133
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 for the Building Maintenance Department to provide for the following transfer of sums: [a] $1,000 from Line Item No. 01-25-5-32200/ Minor Tools to Line Item No. 01-26-5-40100/ Building Repairs and Maintenance; $300.00 from Line Item No. 01-26-5-70200/ Travel and Conference to Line Item No. 01-26-5-40100/ Building Repairs and Maintenance; [c] $1,000.00 from Line Item No. 01-26-5-70400/ Tuition and Schools to Line Item No. 01-26-5-40100/ Building Repairs and Maintenance; [d] $3,014.79 from Line Item No. 01-11-5-20500/ Personnel Board/ General Fund 2008/2009 Budget to Line Item No. 01-26-5-40100/ Building Repairs and Maintenance/ Building Maintenance/ General Fund 2008/2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-133.
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 transferring the amount of $4,500.00 from Account No. 01-11-520500/ General Government/ Personnel Board/ General Fund 2008/2009 Budget to Account No. 01-13-550200/ Engineering Department/ Electricity/ General Fund 2008/2009 Budget as requested by Mr. Greg Cobb/ Engineering Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-134
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 for the Engineering Department to provide for the transfer of $4,500.00 from Line Item No. 01-11-520500/ Personnel Board/General Government to Line Item No. 01-13-550200/ Electricity/ Engineering Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-134.
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 to discharge from the Special Issues Committee – Item No. 04.11.09 – Request for consideration of a variance to the Fence Ordinance at 302 Lucerne Boulevard.
Mr. Underwood stated he would also like to consider along with the aforesaid matter Item No. 31.11.09 under the Committee Referral Agenda – Request for consideration for a variance to the driveway ordinance at 302 Lucerne Boulevard as they were both related to the property located at 302 Lucerne Boulevard.
At this time, Ms. Holladay moved to discharge from the Special Issues Committee Item No. 04.11.09 – Request for consideration for a variance to the Fence Ordinance at 302 Lucerne Boulevard. 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.
Mr. David Heeter (Property Owner/ 302 Lucerne Boulevard) addressed the Council. Mr. Heeter stated that he would like to install a wooden privacy fence going up to his property line. Mr. Heeter distributed a hand-out to the Council showing the location and layout of the fence. Mr. Heeter further stated that the fence would be constructed of high quality materials that would go well with the neighborhood.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that according to the ordinance, a fence could be installed on the property line with the exception of when it adjoins a road, in which case there was a 15-foot setback requirement for visibility purposes at intersections. Mr. Cobb further stated that Mr. Heeter’s property was not at an intersection, it was actually on a long sweeping curve. Mr. Cobb added that he had visited the site along with Mr. Jody Chesnut (Traffic Department) and there were no traffic visibility issues to be concerned with on the property, even if the fence was installed on the property line. Mr. Cobb further added that the property line was actually 11 feet from the road, so the fence would still be 11 feet back if placed on the property line.
Mr. Underwood asked Mr. Cobb to describe the driveway issue so that the Council would have everything in front of them on both items.
Mr. Greg Cobb (Engineering Department) again addressed the Council. Mr. Cobb stated that Mr. Heeter had a driveway going straight off the street and originally he wanted to come beside it with a 20-foot wide section which would make an exceptionally wide driveway. Mr. Cobb further stated that Mr. Heeter’s plans had changed in the last week and he now wanted to leave the driveway alone at the street and just flow it out once inside his property. Mr. Cobb added that by reducing the size so considerably, the additional wide cut would not be necessary and all he would need would be the big radius in the existing driveway. Mr. Cobb further added that according to the ordinance, with that much property line, he would be allowed three driveways, 20-foot wide each.
Mr. Underwood asked if Mr. Heeter would need a variance to do what he wanted to do with his driveway.
Mr. Cobb stated that all he needed was permission to work in the right-of-way since the driveway would still be within the ordinance.
Mr. Scott stated that just for clarification, the letter that was distributed stated 16 feet, but now the request was for the fence to be 11 feet from the curb.
Ms. Holladay stated that was correct.
Ms. Holladay stated that she would like to make a motion, but first wanted to clarify if the fence were installed at the property line, would that make it an 11-foot setback.
Mr. Greg Cobb again addressed the Council. Mr. Cobb stated that at the property line it would be 11 feet from the curb, but it would be a 15-foot variance from the ordinance.
Ms. Holladay stated that it would be her motion to grant a 15-foot variance to permit the installation of the fence at the property line.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-135
(A Resolution granting a variance to the Homewood Fence Ordinance, as set out in Section 5-16, as amended, of the Code of Ordinances of the City of Homewood, Alabama, so as to permit a variance to the Fence Ordinance as requested by the property owner at 302 Lucerne Boulevard to permit the installation of a fence as described in Exhibit A attached to the Resolution)

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-135 granting a variance to the Fence Ordinance for the property located at 302 Lucerne Boulevard as requested by the property owner. Mrs. Langlow 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. Underwood stated that at this time he would like to consider Item No. 31.11.09 – Request for consideration for a variance to the driveway ordinance at 302 Lucerne Boulevard.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that as previously mentioned, because Mr. Heeter had reduced the size and the driveway variance was not needed, this was actually a request for permission to work in the City right-of-way.
Mr. Smith stated that he would recommend approval of permission to work in the City right-of-way subject to the standard indemnification agreement and that would be his motion.
At this point, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-136
(A Resolution permitting the construction of certain improvements in the right-of-way located adjacent to the property located at 302 Lucerne Boulevard and authorizing the execution of a Municipal Right-of-Way Improvement Permit and Indemnification Agreement with the property owner)

Mr. Smith moved for the adoption and enrollment of Resolution No. 09-136 granting permission to work in the City right-of-way at 302 Lucerne Boulevard contingent upon the execution of the standard Indemnification Agreement. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 3 – 0 to recommend transferring $59,400.00 from Line Item No. 01-10-511300/ Workers’ Compensation Insurance/ Administrative Department/ General Fund 2008/2009 Budget to Line Item No. 01-22-550220/ Electricity-Street Lights/ Traffic Maintenance/ General Fund 2008/2009 Budget as recommended by Mr. Jody Chesnut/ Traffic Maintenance Department to be used to pay bills on traffic and street lights for the remainder of the 2008/2009 fiscal year.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-137
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of $59,400.00 from Line Item No. 01-10-511300/ Workers’ Compensation Insurance/ Administrative Department/ General Fund 2008/2009 Budget to Line Item No. 01-22-550220/ Electricity-Street Lights/ Traffic Maintenance/ General Fund 2008/2009 Budget as recommended by Mr. Jody Chesnut/ Traffic Maintenance Department to be used to pay bills on traffic and street lights for the remainder of the 2008/2009 fiscal year)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-137.

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 transferring $4,500.00 from Overtime Account No. 01-12-510500/ Inspections Department/ General Fund 2008/2009 Budget to the Electricity Account No. 01-12-550200/ Inspections Department/ General Fund 2008/2009 Budget as requested by Mr. Jerry Crowe/ Inspections Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-138
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 for the Inspections Department to provide for the transfer of $4,500.00 from Line Item No. 01-12-510500/ Overtime to Line Item No. 01-12-550200/ Electricity)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-138.
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 September 14, 2009, 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” would be carried over.
The next item on the agenda under Old Business was the request for consideration of a resolution authorizing payment of invoices for the period July 25, 2009 through August 7, 2009 (Invoices withheld by Mr. Hooks).
Mr. Trippe stated that the Finance Committee met and voted 3 – 0 to recommend (1) payment of the withheld invoice in the amount of $1,637.22 from the Inspection Technology Fund for the Int’l Code Council, Inc. for three sets of regulations pertaining to fire codes and property maintenance codes per the explanation given by Mr. Jerry Crowe/ Inspections Department; (2) payment of the withheld invoice from Standard Fire Equipment in the amount of $1,220.25 for semi-annual inspections of hoods and fire extinguishers at various locations within city departments as explained by Chief John Bresnan/ Fire Department; and (3) payment of the second withheld invoice from Standard Fire Equipment in the amount of $1,630.20 for inspections and maintenance of fire extinguishers in various locations within city departments as explained by Chief John Bresnan/ Fire Department.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-139
(A Resolution authorizing payment of the following invoices withheld by Council Member Hooks from the payment period July 25, 2009 through August 7, 2009: [1] payment of the withheld invoice in the amount of $1,637.22 from the Inspection Technology Fund for the Int’l Code Council, Inc. for three sets of regulations pertaining to fire codes and property maintenance codes; [2] payment of the withheld invoice from Standard Fire Equipment in the amount of $1,220.25 for semi-annual inspections of hoods and fire extinguishers at various locations within city departments; and [3] payment of the second withheld invoice from Standard Fire Equipment in the amount of $1,630.20 for inspections and maintenance of fire extinguishers in various locations within city departments)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-139.
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 to consider Change Order No. 4 regarding The Stewart Perry Company, Inc. deduct from the net contract amount/ Fire Station No. 1.
Mr. Trippe stated that the Finance Committee met and voted 3 – 0 to recommend approving Change Order No. 4 with the amended contract deduct amount of $6,000.00 reducing the total contract of The Stewart Perry Company, Inc./Fire Station No. 1.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-140
(A Resolution approving Change Order No. 4 to The Stewart Perry Company, Inc. for the Fire Station No. 1 Project to reduce the net contract amount for the work to be performed by Stewart Perry as provided for in the Change Order Request attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-140 approving Change Order No. 4 for The Stewart Perry Company, Inc. / 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.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood reminded the Council that Item No. 25.11.09 – Request for consideration of a line item transfer into the Vehicle Maintenance Account No. 14.5-403.00/ Police Department and Item No. 33.11.09 – Request for consideration of permission to close a short portion of 19th Street for a maximum of 14 days were previously dropped from the agenda. (See Page 2 of these Minutes for consideration of these two items.)
Mr. Underwood stated that Item No. 31.11.09 – Request for consideration for a variance to the driveway ordinance at 302 Lucerne Boulevard was previously removed from the Committee Referral Agenda and handled in conjunction with Item No. 04.11.09 under Old Business. (See Pages 7-10 of these Minutes.)
Mr. Underwood stated that the following item had been added to the Committee Referral Agenda and would be referred to the Public Works Committee: Item No. 37.11.09 – Request for parking lot revisions/ Do Di Yo’s Restaurant. (Mayor Scott McBrayer)
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA

14.11.09 Presentation of the 2009/2010 Budgets – Mayor Scott McBrayer
FINANCE COMMITTEE (This matter remained on the Committee Referral Agenda for referral to the Finance Committee, but Mayor McBrayer made his presentation later in the Council meeting on the 2009/2010 Budgets) (See Pages 16-18 of the Minutes for this presentation).

15.11.09 Request for consideration of adoption of the Master Plan – Anthony Smith - COMMITTEE OF A WHOLE

16.11.09 Presentation regarding the Catherine Sims Property – Kimberly Sharkins/ Executrix for Catherine Sims - SPECIAL ISSUES COMMITTEE

17.11.09 Request for consideration of a 140 – Special Events Retail liquor license application for Event Concessions, Inc. d/b/a Magic Moments Kickn Chickn Wing Fest at 2800 Highway 280 South – Patrick Joseph O’Brien/ City Clerk - PUBLIC SAFETY COMMITTEE

18.11.09 Request for consideration to purchase an under-cover Narcotics vehicle to be funded by Narcotics funds – Chief Phil Dodd/ Police Department
- FINANCE COMMITTEE

19.11.09 Request for consideration for permission to make improvements in the public right-of-way adjacent to 319 Laurel Place – Rachel Craige/ Greg Cobb/ Engineering Department - PUBLIC WORKS COMMITTEE

20.11.09 Request for consideration to revoke the business license of West City Disco – Chief Phil Dodd/ Police Department - PUBLIC SAFETY COMMITTEE (Note: Later in the Council meeting, upon a motion being made, Item No. 20.11.09 was pulled out of the Public Safety Committee and a Public Hearing was scheduled for September 14, 2009 on this matter – See Pages 18-19 of these Minutes.)

21.11.09 Request for consideration of equipment upgrades for Rosewood Hall – Mayor Scott McBrayer - FINANCE COMMITTEE

22.11.09 Request for consideration of reallocation between the Corrections Fund-Jail and Corrections Fund-Court – Chief Phil Dodd/ Police Department
- FINANCE COMMITTEE

23.11.09 Request for consideration for a presentation from Cahaba River Society – Allyn Holladay - SPECIAL ISSUES COMMITTEE

24.11.09 Request for consideration of the following transfers: $5,000.00 to 20-510500/ Overtime from 20-510400/ Wages (On call maintenance and tournaments); $4,500.00 to 20-510800/ Pension from 20-510400/ Wages; and $12,000.00 to 20-510900/ Health Insurance from 20-510400/ Wages/ Park and Recreation Department – Berkley Squires/ Park Director/ Park & Recreation Board - FINANCE COMMITTEE

26.11.09 Request for consideration of concerns regarding Taipei at 471 Greensprings Highway – Chief Phil Dodd/ Police Department
- PUBLIC SAFETY COMMITTEE

27.11.09 Request for consideration of a transfer in the amount of $23,319.00 from Wages 01-22-510400 to Salaries 01-22-510300 – Jody Chesnut/ Traffic Maintenance Department - FINANCE COMMITTEE

28.11.09 Request to re-consider the alternate for the Bi-Fold doors at the new Fire Station – Chief John Bresnan/ Fire Department - FINANCE COMMITTEE

29.11.09 Request for consideration of line item transfer for Trust Building Services/ General Government – City Clerk - FINANCE COMMITTEE

30.11.09 Request for consideration of revenue services contract – Mayor Scott McBrayer/ J.J. Bischoff/ Chief of Staff - FINANCE COMMITTEE

32.11.09 Request for consideration for a variance to the driveway ordinance at 209 Broadway – John Richter/ Greg Cobb/ Engineering Department - PUBLIC WORKS COMMITTEE

34.11.09 Request to consider the following transfers: $95,000 to Line Item No. 01-14-510800/Police Pension; $15,000 to Line Item No. 01-14-550200/Electricity; $11,500 to Line Item No. 01-22-510800/Traffic Pension; transfer of funds to Line Item No. 01-14-540300/Vehicle Maintenance (final amount not known at this time); $1,500 to Line Item No. 01-14-540100/Ground Maint.;$1,000 to Line Item No. 01-14-550300/ Water and Sewer; and $2,600 to Line Item No. 01-14-550400/ Telephone/ Communications – Chief Phil Dodd/ Police Department - FINANCE COMMITTEE

37.11.09 Request for parking lot revisions/ Do Di Yo’s Restaurant – Mayor Scott McBrayer - PUBLIC WORKS COMMITTEE

There being no objections to the Committee Referral Agenda as presented, Mr. Smith 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. (Note: After this vote was taken, a Public Hearing was set for Item No. 20.11.09 – Request for consideration to revoke the business license of West City Disco and this matter was taken out of the Public Safety Committee – See Pages 18-19 of these Minutes.)
The first item of business on the Other New Business Agenda was the request for consideration of appointment to fill the vacancy of the Ward 3 Place 1 council position.
Mr. Jones, at this time, moved to appoint Mr. Patrick A. McClusky to fill the unexpired term of J. J. Bischoff, Ward 3 Place 1, Homewood City Council. Mr. Hooks seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item on the agenda under Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period August 8, 2009 through August 21, 2009.
Mr. Trippe stated that he have reviewed the invoices for the period August 8, 2009 through August 21, 2009, and had pulled two invoices for payments on the Regions Visa card due to lack of documentation. Mr. Trippe requested that the two invoices that had been withheld be sent to the Finance Committee pending that documentation. Mr. Trippe added that the remaining invoices for the subject payment period 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 – 141
(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 August 8, 2009 through August 21, 2009, with the exception of two invoices withheld by Council Member Trippe)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-141 authorizing payment of the invoices for the period August 8, 2009 through August 21, 2009, with the exception of two invoices withheld by Mr. Trippe. 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.
Mr. Underwood stated that the aforementioned invoices withheld by Mr. Trippe would be referred to the Finance Committee.
The next item to be considered was Item No. 14.11.09 – Presentation of the 2009/2010 Budgets.
Mayor McBrayer distributed copies of the proposed 2009/2010 Budgets for the General Fund and Capital Projects Fund to the Council. Mayor McBrayer stated that from the beginning, he had informed the Council that it was going to be very important to offer what was an honest accurate budget. Mayor McBrayer further stated that he had approached the budget like he would at home, no numbers had been made up and things had not been stuck in places that was not going to be there. Mayor McBrayer further stated that some of the numbers he did not necessarily like, but there was nothing he could do about them. Mayor McBrayer added that he would like to thank J. J. Bischoff and Mrs. Linda Cook, as well as the department heads, because they had worked harder than anybody really realized. Mayor McBrayer further added that recently he and Mr. Bischoff had cut another million dollars out of the Capital Budget to try not to put the Council in a position where they would have to be the ones to cut the budget.
Mayor McBrayer stated that he felt like it was his job as Mayor to make decisions first, and then with the understanding that the Council ultimately has the final say on the budget. Mayor McBrayer further stated that he had gone ahead and talked to the employees and told them that his budget does not include a raise. Mayor McBrayer added that in his opinion he was not going to stick a raise into the budget knowing that the Council would be forced to turn around and take it out. Mayor McBrayer further added that he had told the firemen last week that the City did not have the money for a raise and he did not expect it to be added back in, and if he was on the Council he would not.
Mayor McBrayer stated that as far as vehicles were concerned, he had placed one number in the budget and when called upon to do so, he would present a listing of vehicles that he felt the City needed that would equal the amount that was requested in the budget. Mayor McBrayer further stated that he had made a decision to combine the Landscape Department under the Parks and Recreation Department. Mayor McBrayer added that when salaries, wages and duplicated Capital items were considered, this should save the City about $100,000.00 per year. Mayor McBrayer further added that for the first time in quite a while, the Police and Fire Departments were completely staffed.
Mayor McBrayer stated that the department heads had done an excellent job in cutting down on expenses and he was hopeful the Council would have an appreciation for just how much the department heads, Mr. Bischoff and Mrs. Cook had done to prepare for this budget to make it as simple as possible. Mayor McBrayer added that this was the first year that information had ever been put in InCode, spreadsheets were not being used, and if somebody moved information that had been put into the computer, it was tracked. Mayor McBrayer further added that the Council would see in the General Fund a lot of notes that would help to try to explain how the numbers were arrived at and there would also be a history going back to 2005/2006. Mayor McBrayer informed the Council to be very careful when looking at the Capital Budget because there were line items in some departments that had already been created and InCode for whatever reason could not re-write them. Mayor McBrayer gave an example of one such line item where it stated motorcycles with emergency equipment had been requested when, in fact, what had been requested were bullet proof vests. Mayor McBrayer thanked the Council for their patience and understanding as he had tried to work through a lot of issues during this process.
Mr. Underwood stated that he appreciated Mayor McBrayer’s thoughtful and serious approach to the budget and the process the Mayor had described was the right way to do it. Mr. Underwood further stated that after reading the July financials, it was clear to him that the department heads were really under spending their budgets and showing that they understood the situation that the City was in and he appreciated that.
Mrs. Langlow thanked Mayor McBrayer for explaining the process he went through and bringing a realistic budget to the Council tonight. Mrs. Langlow stated that she had been on the Council going on nine years, and this was the first time that anyone had ever given her this much information regarding the budget. Mrs. Langlow further stated that she was hopeful that making the budget process such a cooperative effort would set a precedent for whoever was mayor down the road. Mrs. Langlow added that it was always the Council’s intention to do the right thing for Homewood, to work with the employees and make it good for everybody.
Mr. Trippe stated that he had received a lot of feedback and discussions with the Mayor about how the budget would be structured and before he saw the budget document he had a good understanding of what was in it. Mr. Trippe further stated that he would be starting budget hearings following the conclusion of the regular Finance Committee meeting on August 31, 2009, starting with an analysis of the revenue numbers.
Mr. Underwood stated that the aforesaid matter would be referred to the Finance Committee as indicated on the Committee Referral Agenda.
Mr. Kendrick, at this point, stated that a Public Hearing would be required to be scheduled for Item No. 20.11.09 - Request for consideration to revoke the business license of West City Disco.
Mr. Smith stated that this matter, originally appearing on the Committee Referral Agenda, had been referred to the Public Safety Committee, but he would recommend recalling the item from that committee and setting the Public Hearing at the next Council meeting.
Mr. Smith, at this time, moved to recall Item No. 20.11.09 – Request for consideration to revoke the business license of West City Disco from the Public Safety Committee to allow a Public Hearing to be set on this matter. 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.
Mr. Underwood stated that without objection, a Public Hearing would be held on September 14, 2009, for consideration to revoke the business license of West City Disco. There was no objection from the Council.
Mr. Smith stated that the Public Safety Committee would meet on Monday, August 31, 2009 at 5:30 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, August 31, 2009 at 5:45 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, August 31, 2009 at 5:00 p.m.
Mr. Trippe stated that the Finance Committee would meet on Monday, August 31, 2009 at 6:15 p.m.
There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.