M I N U T E S

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

October 26, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, October 26, 2009 at City Hall at 6:00 p.m. The invocation was given by Reverend Bill Johnston (Dawson Memorial Baptist 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, Allyn Elizabeth Holladay, Vance Moody, Patrick McClusky, Walter Jones, Hunter Payne, Jackie Langlow, Allan Trippe and Jeff Underwood. Absent: David Hooks. Also present were: Mayor Scott McBrayer; Mike Kendrick, City Attorney; and Linda Cook, City Clerk.
The Minutes of the October 12, 2009, Council meeting were carried over.
Mr. Underwood asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 29.01.09 – Request for consideration from Brookwood Medical Center with regard to their pending development project. (Jeff Underwood/ Council President) (This item was added to the Committee Referral Agenda for referral to the Finance Committee.)
Mr. Underwood stated that without objection, the aforementioned item would be added to the agenda.
Mr. Underwood, at this point, recognized Ms. Tricia Ford (Director/ Homewood Chamber of Commerce) who addressed the Council.
Ms. Ford announced the Holiday Open House to be held on Thursday, November 5, 2008. Ms. Ford asked the Council to spread the word about the open house because everyone was hopeful it would be a good holiday season for the merchants.
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

20.11.09 Request for consideration to revoke the business license of West City Disco (Public Hearing held September 14, 2009) – Public Safety Committee - Action Taken: The Public Safety Committee on 10/19/09 recommended dropping this item.

10.01.09 Request from Homewood City Schools Foundation – Special Issues Committee - Action Taken: The Special Issues Committee on 10/19/09 recommended dropping this item.

There being no objections to the Committees’ 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 pay down on unfunded pension increase rates.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend line item transfers to pay down unfunded pension increase rates as follows: (1) Transfer of $3,378.04 from Line Item No. 01-10-5-702.00/ Travel and Conference/Administrative/ 2008/2009 General Fund Budget to Line Item No. 01-10-5-108.00/ Pension/ Administrative/ 2008/2009 General Fund Budget; (2) Transfer of $6,000.00 from Line Item No. 01-17-5-104.00/ Wages/ Sanitation/ 2008/2009/ General Fund Budget to Line Item No. 01-17-5-108.00/ Pension/ Sanitation/ 2008/2009 General Fund Budget; (3) Transfer of $18,000.00 from Line Item No. 01-18-5-104.00/ Wages/ Street/ 2008/2009 General Fund Budget and an additional amount of $2,500.00 from Line Item No. 01-18-5-750.00/ Mosquito Control/ Street/ 2008/2009 General Fund Budget to Line Item No. 01-18-5-108.00/ Pension/ Street/ 2008/2009 General Fund Budget; (4) Transfer of $11,500.00 from Line Item No. 01-10-5-113.00/ Workers Compensation Ins./ 2008/2009 General Fund Budget to Line Item No. 01-21-5-108.00/ Pension/ Fleet Maintenance/ 2008/2009 General Fund Budget; (5) Transfer of $1,412.00 from Line Item No. 01-12-5-302.00/ Printing/ Inspections/ 2008/2009 General Fund Budget and additional amounts of $145.00 from Line Item No. 01-12-5-301.00/ Office Supplies/ Inspections/ 2008/2009 General Fund Budget and $860.17 from Line Item No. 01-12-5-702.00/ Travel and Conference/ Inspections/ 2008/2009 General Fund Budget to Line Item No. 01-12-5-108.00/ Pension/ Inspections/ 2008/2009 General Fund Budget; (6) Transfer of $1,000.00 from Line Item No. 01-27-5-409.00/ Maintenance Contracts/ IT/ 2008/2009 General Fund Budget to Line Item No. 01-27-5-108.00/ Pension/ IT/ 2008/2009/ General Fund Budget; and (7) Transfer of $2,180.43 from Line Item No. 15-14-5-831.00/ Miscellaneous Equipment/ E-911/ Police/ 2008/2009 Emergency Communication [E-911] Fund Budget to Line Item No. 15-14-5-108.00/ Pension [Dispatcher]/ E-911/ Police/ 2008/2009 Emergency Communication [E-911] Fund Budget.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-170
(A Resolution authorizing the following transfers of funds in the 2008/2009 Budget to pay down unfunded pension increase rates: (a) $3,378.04 from Line Item No. 01-10-5-702.00/ Travel and Conference/Administrative/ 2008/2009 General Fund Budget to Line Item No. 01-10-5-108.00/ Pension/ Administrative/ 2008/2009 General Fund Budget; (b) Transfer of $6,000.00 from Line Item No. 01-17-5-104.00/ Wages/ Sanitation/ 2008/2009/ General Fund Budget to Line Item No. 01-17-5-108.00/ Pension/ Sanitation/ 2008/2009 General Fund Budget; (c) Transfer of $18,000.00 from Line Item No. 01-18-5-104.00/ Wages/ Street/ 2008/2009 General Fund Budget; (d) $2,500.00 from Line Item No. 01-18-5-750.00/ Mosquito Control/ Street/ 2008/2009 General Fund Budget to Line Item No. 01-18-5-108.00/ Pension/ Street/ 2008/2009 General Fund Budget; (e) Transfer of $11,500.00 from Line Item No. 01-10-5-113.00/ Workers Compensation Ins./ 2008/2009 General Fund Budget to Line Item No. 01-21-5-108.00/ Pension/ Fleet Maintenance/ 2008/2009 General Fund Budget; (f) Transfer of $1,412.00 from Line Item No. 01-12-5-302.00/ Printing/ Inspections/ 2008/2009 General Fund Budget; (g) $145.00 from Line Item No. 01-12-5-301.00/ Office Supplies/ Inspections/ 2008/2009 General Fund Budget (h) $860.17 from Line Item No. 01-12-5-702.00/ Travel and Conference/ Inspections/ 2008/2009 General Fund Budget to Line Item No. 01-12-5-108.00/ Pension/ Inspections/ 2008/2009 General Fund Budget; (i) Transfer of $1,000.00 from Line Item No. 01-27-5-409.00/ Maintenance Contracts/ IT/ 2008/2009 General Fund Budget to Line Item No. 01-27-5-108.00/ Pension/ IT/ 2008/2009/ General Fund Budget; and (j) Transfer of $2,180.43 from Line Item No. 15-14-5-831.00/ Miscellaneous Equipment/ E-911/ Police/ 2008/2009 Emergency Communication [E-911] Fund Budget to Line Item No. 15-14-5-108.00/ Pension [Dispatcher]/ E-911/ Police/ 2008/2009 Emergency Communication [E-911] Fund Budget)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-170.
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. Smith stated that the Public Safety Committee met and voted 4 – 0 to recommend the installation of “no parking” signage on both sides of Edgeview Avenue without the yellow painting of the curbing.
At this time, Mr. Kendrick presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to further regulate traffic to prohibit parking on or along a portion of Edgeview Avenue beginning at the intersection of Edgeview Avenue with Mecca in a westerly direction for a distance of 300 feet from the intersection in the City of Homewood, Alabama, and to provide penalties for the violation thereof)

Mr. Smith moved for unanimous consent to consider the proposed Ordinance as read tonight. Mrs. Langlow seconded the motion.
On a voice vote, the motion for unanimous consent carried without dissent.
Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:
Ordinance No. 2403
(An Ordinance to further regulate traffic to prohibit parking on or along a portion of Edgeview Avenue beginning at the intersection of Edgeview Avenue with Mecca in a westerly direction for a distance of 300 feet from the intersection in the City of Homewood, Alabama, and to provide penalties for the violation thereof)

Mr. Smith moved for the adoption, enrollment and publication of Ordinance No. 2403 as provided by law. 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.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance by posting said Ordinance according to law.
Mr. Underwood stated that this was the time and the place for 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.
Mr. Underwood stated that there was evidently a discrepancy between the notice regarding the aforesaid matter and the actual publication. Mr. Underwood further stated that the Public Hearing would be held tonight, but because of that discrepancy, an additional Public Hearing would be held on November 23, 2009, to consider this issue.
Mr. Underwood asked if there was anyone who wished to speak in favor of or in opposition to this matter.
Mr. Paul Schabacker (1706 Kensington Road) addressed the Council. Mr. Schabacker stated that he was not a homebuilder, but in his opinion it was a mistake to change the Building Code to require sprinklers in homes. Mr. Schabacker further stated that he was not aware of any other municipalities in the metropolitan area that was doing that and it was unnecessary and created a less competitive situation in Homewood. Mr. Underwood asked if there was anyone else who wished to speak in favor of or in opposition to this matter. There was no response from the audience.
Mr. Underwood, at this point, declared the Public Hearing concluded.
Mr. Underwood asked if the Council had any questions or comments concerning this matter. There was no response from the Council.
Mr. Kendrick stated that a resolution would need to be adopted to establish the Public Hearing on November 23, 2009.
At this time, Mr. Kendrick, presented the following Resolution for Council’s consideration:
Resolution No. 09-171
(A Resolution establishing a Public Hearing date of November 23, 2009, to consider adopting per Ordinance the 2009 International Building Code with appendices A,B,E,F,G,H,I,J and K,; 2009 International Fire Code with appendices B,C,D,E,F,G,H,I and J; 2009 International Fuel Gas Code; 2009 International Existing Building Code; 2009 International Residential Code with appendices A,B,C,D,E,F,G and H; 2009 International Mechanical Code; 2009 International Plumbing Code; 2009 International Property Maintenance Code, 2008 National Electrical Code, and 2009 International Energy Conservation Code)

Mr. Smith moved for the adoption and enrollment of Resolution No. 09-171 establishing November 23, 2009, as the Public Hearing date 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. 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 motion carried without dissent.
The next item under Old Business was the request for consideration to adopt per Ordinance to set forth the schedule for Building Permit Fees, Mechanical Permit fees, Electrical Permit Fees, Plumbing Permit Fees, and Gas Permit Fees.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend (1) to insert the term “commercial roofing” in the ordinance as highlighted in Section 1 of the proposed ordinance, and (2) to add the word “education” to Section 8-2 concerning the earmarking and designation of funds for technology, equipment upgrades, etc., as recommended by Mr. Jerry Crowe/ Building Official.
At this time, Mr. Kendrick presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to amend Section 5-9(a) entitled “Building Permit Fees” and Section 5-9(h) entitled “Fees, How Paid” of Article I entitled “In General” of Chapter 5 entitled “Buildings; Construction and Related Activities” of the Code of Ordinances of the City of Homewood, Alabama, and to provide for the effective date of such amendments)

Mr. Trippe moved for unanimous consent to consider the proposed Ordinance as read tonight. Mrs. Langlow seconded the motion.
On a voice vote, the motion for unanimous consent carried without dissent.
Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:
Ordinance No. 2404
(An Ordinance to amend Section 5-9(a) entitled “Building Permit Fees” and Section 5-9(h) entitled “Fees, How Paid” of Article I entitled “In General” of Chapter 5 entitled “Buildings; Construction and Related Activities” of the Code of Ordinances of the City of Homewood, Alabama, and to provide for the effective date of such amendments)

Mr. Trippe moved for the adoption, enrollment and publication of Ordinance No. 2404 as provided by law. 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.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance by posting said Ordinance according to law.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend accepting the proposal of Sullivan Communications, Inc. in the amount of $7,925.00 for the FS#1 Radio System as recommended by Chief John Bresnan/ Fire Department to be paid from the 2009/2010 Capital Projects Budget.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 09-172
(A Resolution authorizing the Mayor and the City Clerk to execute any documents necessary in order to establish the Radio Repair Bank with Sullivan Communications pursuant to the proposal attached to the Resolution as Exhibit A and that the funds necessary to satisfy the consideration set out in Exhibit A are to be paid from the Capital Projects Fund in an amount not to exceed $7,925.00)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-172.
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.
Ms. Holladay stated that the Special Issues Committee met and voted 3 – 0 to recommend a multiple sign variance at 2630 18th Street South/Rob’e Mans Honda-Acura Service with conditions that Mr. Eddie Cleveland (Rob’e Mans Honda-Acura Service) would remove the signage as presented in Exhibit “A” and no pole sign would be requested.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-173
(A Resolution agreeing to grant to Rob’e Mans Honda-Acura Service at 2630 18th Street South a multiple sign variance to the Sign Ordinance, on the condition that the business will remove the signage as presented in Exhibit A, and that no pole sign shall be installed or requested on the property)

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-173 agreeing to grant to Rob’e Mans Honda-Acura Service at 2630 18th Street South a multiple sign variance to the Sign Ordinance, on the condition that the business will remove the signage as presented in Exhibit A, and that no pole sign shall be installed or requested on the property.
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 variance to the Sign Ordinance at 290 Oxmoor Road.
Ms. Holladay stated that she had spoken with a representative of Gonzalez Strength & Associates, and without objection, she would like to request that the aforesaid item be referred back to the Special Issues Committee.
Mr. Underwood stated that without objection, the aforementioned matter would be referred back to the Special Issues Committee. There was no objection from the Council.
The next item under Old Business was the 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 Communications/ Inspections Department.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend a line item transfer in the amended amount of $626.00 from Line Item No. 01-12-5-510500/ Overtime Earnings to Line Item No. 01-12-550445/ Wireless Communications/ Inspections Department/ 2008/2009 Budget as recommended by Mr. Jerry Crowe/ Building Official.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-174
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of $626.00 from Line Item No. 01-12-510500/ Overtime Earnings/ Inspections Department to Line Item No. 01-12-550445/ Wireless Communications/ Inspections Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-174.
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 5 – 0 to recommend amending the 2009/2010 Capital Projects Budget to create a new line item called “In-Car Video Grant” and unfreeze funding for the in-car video system up to $94,000.00 and noting the appropriate Federal reimbursement in the same amount.
Ms. Holladay stated that she recalled receiving an e-mail from Chief Dodd today stating that the amount should be about $96,000.00.
Mr. Underwood stated that he had not seen that e-mail, but the request could be approved for an amount up to $97,000.00.
Mr. Trippe stated that in order to not delay the grant, he would recommend amending the committee recommendation for an amount up to $97,000.00 subject to verification from Chief Dodd/ Police Department and that would be his motion.
Mr. Smith stated that he would second that motion with clarification that part of the Committee’s recommendation was the creation of a separate line item within the Capital Projects Budget for the in-car video system.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-175
(A Resolution amending the 2009/2010 Capital Projects Fund Budget to create a new line item to be known as In-Car Video Camera and to appropriate the sum of up to $97,000.00 to be appropriated to that line item to be used as a part of a Federal Grant for the In-Car Video Systems)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-175 creating a new line item to be known as “In-Car Video Camera” and to appropriate up to $97,000.00 to that line item as a part of a Federal grant for the In-Car Video Systems. 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.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend a line item transfer in the amount of $18,500.00 from Line Item No. .01-10-5-113.00/ Workman’s Compensation/ 2008/2009 General Fund Budget to Line Item No. 01-11-5-203.20/ Special Audit Fee/ 2008/2009 General Fund Budget in payment of an invoice from Kassouf & Company subject to receiving the forensic accounting report from Kassouf & Company.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-176
(A Resolution authorizing the transfer of $18,500.00 from Line Item No. 01-10-5-113.00/ Workman’s Compensation/ 2008/2009 General Fund Budget to Line Item No. 01-11-5-203.20/ Special Audit Fee/ 2008/2009 General Fund Budget to be used for the payment of the Kassouf & Company invoice upon the receipt of the forensic accounting report from Kassouf & Company)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-176.
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 consider a variance to Homewood Ordinance No. 2188 (regulation of street grades); related to the proposed subdivision at 911 and 951 Velmont Road.
Mr. Smith stated that the Public Safety Committee met and voted 4 – 0 to recommend a variance request for a grade change to 25.5 percent for a distance of 180 feet as presented by Mr. James Riddle (951 Velmont Lane) and recommended by the Planning Commission related to the proposed subdivision at 911 and 951 Velmont Road. Mr. Smith further stated that Mr. Riddle had made a variety of proffers including a representation that the structures that would be built would have fire suppression systems in these residences. Mr. Smith added that Mr. Riddle was present tonight to present exhibits and make those proffers tonight as part of this. Mr. Smith further added that the Fire Department was represented tonight to express the disapproval of the Fire Department and the Fire Marshal in particular to this variance.
Mr. Underwood asked if the Council had any questions or comments regarding this matter.
Mr. Jones asked Mr. Underwood his thoughts on this issue since he had been part of the long deliberation of this matter in the Planning Commission and what the official vote was in the Planning Commission.
Mr. Underwood stated that it was his understanding that the final vote was 3 (Yes) to 2 (No) and 2 abstentions. Mr. Underwood further stated that he had abstained at the Planning Commission meeting because he felt like he might be in the position of interpreting whether the ordinance applied or not and he was not quite sure. Mr. Underwood added that he personally felt like he would vote No on this matter because the degree of variance exceeded his comfort level. Mr. Underwood further added that he had heard the variance from 15 percent grade to a 25 percent grade called a 10 percent variance, but it was actually a 67 percent variance.
Mr. Moody stated that he had not seen what the alternate would be if this could be constructed within the 15 percent grade.
Mr. James Riddle (951 Velmont Lane) addressed the Council. Mr. Riddle stated that the regulations were for a 15 percent grade for a public road, but this was actually a private road. Mr. Riddle further stated that he had waivers to that effect, the road was gated and it would never be put in for adoption for the City to take it over. Mr. Riddle added that an alternate plan would entail reinforced fill with fill slopes of upwards of 35 feet in length and it would require almost stripping or clear cutting the trees on the lower side of the mountain. Mr. Riddle further added that the rock that would need to be moved would be quite substantial and he was not sure it could even be done seeing how much would have to come out without some blasting.
Mr. Riddle stated that in his subdivision, the requested grade would only affect three (3) lots of record, one of those lots having an existing home, and the homes would have fire suppression systems. Mr. Riddle further stated that the high traffic count on the road on a given day would be 20 cars in and out of that area. Mr. Riddle added that the fire trucks had navigated his 32 percent grade as it now existed and the only problems were that the road was too narrow at 12 feet wide. Mr. Riddle further added that not only would this plan be providing a road that was 20 feet wide, it would also be lowering the grade to 25-1/2 percent which was very navigable by any type vehicle.
Ms. Holladay stated that for clarification, she understood the subdivision regulations stated that the road had to be at the highest 15 percent and this issue had to come before the Board of Zoning Adjustments and the Planning Commission as a subdivision.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that was correct.
Mr. James Riddle again addressed the Council. Mr. Riddle presented a plot plan showing the full subdivision to the Council. Mr. Riddle indicated the 180-foot grade variance on the plot plan showing placement of the homes in the subdivision. Mr. Riddle stated that there were no driveways coming off the grade and the grade would have traction mitigation, meaning there would be grooves in the cement running perpendicular to the traffic to provide more traction. Mr. Riddle further stated that he lived in a home in the development, and the people living below him would have yard inlets that would take care of the water coming off the mountain as opposed to the enormous sized retention ponds that would have to be in place.
Mr. Kendrick stated that he had not been involved in the discussions on this issue, but Ordinance No. 2188 applied only to new public streets or streets to be dedicated for public use. Mr. Kendrick further stated that as he understood the presentation tonight, this particular road was not to be dedicated for public use.
Mr. James Riddle again addressed the Council and stated that was correct, the road was not to be dedicated for public use and he had waivers for that.
Mr. Underwood stated that the area where there was still some uncertainty in the Planning Commission was whether whenever a fire truck or other emergency vehicle had to travel on that street, did that constitute public use of that street.
Mr. Underwood asked if the Council had any further questions or comments regarding this matter. There was no response from the Council
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-177
(A Resolution authorizing a variance to the provisions of Ordinance No. 2188 to permit the installation of a street with a grade change to 25.5% for 180 feet for a proposed subdivision at 911 and 951 Velmont Road, pursuant to Exhibit A attached to the Resolution)

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-177 authorizing a variance to the provisions of Ordinance No. 2188 to permit the installation of a street with a grade change to 25.5 percent for 180 feet for a proposed subdivision at 911 and 951 Velmont Road.
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 by a vote of 8 to _____. Ms. Holladay and ______ voted No.
Mr. Underwood stated that at this time he would like to consider the Committee Referral Agenda.
Mr. Underwood reminded the Council that Item No. 29.01.09 – Request for consideration from Brookwood Medical Center with regard to their pending development project was added to the Committee Referral Agenda for referral to the Finance Committee.
Mrs. Langlow stated that she would like to remove from the Committee Referral Agenda Item No. 19.01.09 – Request for consideration of $23,475.00 in matching funds from Capital Projects Fund 2009/2010 Budget for the $60,000.00 LSTA Grant for the Homewood Public Library. Mrs. Langlow further stated that the deadline was Friday, October 30, 2009, to have the contract signed, and she would like for the Council to consider the request tonight.
Mr. Underwood stated that he would entertain a motion to approve the Committee Referral Agenda with the exception of Item No. 19.01.09 which would be added to the Other New Business Agenda, and the addition of Item No. 29.01.09.
Mr. Underwood asked if there was any objection to the Committee Referral Agenda as amended.
COMMITTEE REFERRAL AGENDA

16.01.09 Request for consideration of a 160 – Special Retail – More Than 30 Days license application for DDC Hotels AIG LLC d/b/a Drury Inn and Suites Birmingham SW at 160 State Farm Parkway – Timothy M. Drury/ Jacqueline D. Pollvogt; Larry W. Hasselfeld/ City Clerk
PUBLIC SAFETY COMMITTEE

17.01.09 Request for consideration to close an open ditch on the property at 1517 Saulter View Road – Ron Haas/ Greg Cobb/ Engineering Department
PUBLIC WORKS COMMITTEE

18.01.09 Request to consider payment for electrical work on the West Precinct sign – Chief Phil Dodd/ Police Department
FINANCE COMMITTEE

20.01.09 Request for consideration to unfreeze funding in the Capital Projects Fund 2009/2010 Budget for purchase of city vehicles – Mayor Scott McBrayer
FINANCE COMMITTEE

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

22.01.09 Request for consideration of change orders for Fire Station No. 1 – Tim Coker/cpm/John Bresnan/Fire Chief
FINANCE COMMITTEE

29.01.09 Request for consideration from Brookwood Medical Center with regard to their pending development project – Jeff Underwood/ Council President
FINANCE COMMITTEE

There being no objections to the Committee Referral Agenda as presented, Mrs. Langlow moved to approve the Committee Referral Agenda with the removal of Item No. 19.01.09 and the addition of Item No. 29.01.09. 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 Committee Referral Agenda was approved without dissent.
The first item of business under the Other New Business Agenda was the request for consideration of an ABC Board application for ZEA Rotisserie Grill at 595 Brookwood Village (Pending ABC Board application).
Mrs. Cook stated that the ABC Board application for ZEA Rotisserie Grill had been received.
Mr. Smith asked if the Certificate of Occupancy had been provided indicating approval by the Fire Department.
Fire Marshal David Berry stated that was correct.
Mr. Smith stated that the business license had also been applied for and the background check had been conducted. Mr. Smith further stated that the letter from the Police Department indicating no objections had not been received as yet, but it was anticipated that the letter would be received. Mr. Smith added that in order to facilitate the business which he understood was already open he would recommend approval of the license application subject to receiving the letter of having no objections from the Police Department.
Mr. Smith then moved that the Council go on record as having no objections to the issuance of an ABC Board license for ZEA Rotisserie Grill at 595 Brookwood Village. 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 of business under the Other New Business Agenda was the request for consideration of a transfer for year ending September 30, 2009 as follows: Line Item transfer of $5,400.00 from Line Item No. 01-14-530100/ Office Supplies to Line Item No. 01-14-530500/ Fuel/ Police Department.
Mr. Underwood stated that the transfers for year ending September 30, 2009, had been placed on the agenda under Other New Business in order to expedite the year end close-out.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-178
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of $5,400.00 from Line Item No. 01-14-530100/ Office Supplies/ Police Department to Line Item No. 01-14-530500/ Fuel/ Police Department)

Mr. Jones moved for the adoption and enrollment of Resolution No. 09-178. 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.
The next item under the Other New Business Agenda was the request for consideration of a transfer for year ending September 30, 2009, as follows: Line item transfer of $4,400.00 from Line Item No. 01-18-530900/ Fuel/ Street Department to Line Item No. 01-17-530900/ Fuel/ Sanitation Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-179
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of $4,400.00 from Line Item No. 01-18-530900/ Fuel/ Street Department to Line Item No. 01-17-530900/ Fuel/ Sanitation Department)

Mr. Moody moved for the adoption and enrollment of Resolution No. 09-179 providing for the transfer of $4,400.00 from Line Item No. 01-18-530900/ Fuel/ Street Department to Line Item No. 01-17-530900/ Fuel/ Sanitation Department.
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 October 10, 2009 through October 23, 2009.
Mr. Trippe stated that he had reviewed the invoices for the period October 10, 2009 through October 23, 2009 for the Finance Committee, and the questions he had which related to the fiscal year the invoices were booked had been resolved, but he had withheld two invoices that he would like to have referred to the Finance Committee. Mr. Trippe further stated that one of those invoices concerned the Chamber of Commerce dues in the amount of $250.00 and the other related to an item on the Committee Referral Agenda, Item No. 21.01.09, concerning contract for services. 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 – 180
(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 10, 2009 through October 23, 2009, with the exception of two invoices withheld by Council Member Trippe)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-180 authorizing payment of the invoices for the period October 10, 2009 through October 23, 2009, with the exception of two invoices withheld by Mr. Trippe. 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. Underwood stated that the two invoices withheld by Mr. Trippe, the Chamber of Commerce dues of $250.00 and an invoice related to the contract for services, would be referred to the Finance Committee.
The next item of business under the Other New Business Agenda was the request for an update on pending sidewalk projects.
Mr. Underwood stated that the aforesaid item would be referred to the Public Works Committee. Mr. Underwood further stated that he had received several requests about the status of various projects and he would like to have an update from the City Engineers regarding the status of the sidewalk projects.
The next item under the Other New Business Agenda was the request for consideration to unfreeze funding in the Capital Projects Fund for additional funding for holiday lighting.
Mr. Jody Chesnut (Traffic Maintenance Department) addressed the Council. Mr. Chesnut stated that a list of locations for holiday lighting that was previously distributed to the Council had been changed from 15 locations to nine (9) locations, two of which would be new intersections that were not on the original list. Mr. Chesnut further stated that the two intersections to be added were the intersections of Oxmoor & Broadway and Oxmoor and Oak Grove, and the intersections from the existing list were Highway 31 & 28th, Highway 31 & Oxmoor, Highway 31 & Old Montgomery, 18th Street & Rosedale, Greensprings & Valley, Greensprings & Oxmoor, and Greensprings & Lakeshore. Mr. Chesnut added that this would allow coverage for the entrances into the City and keep the decorations from being clustered in one spot. Mr. Chesnut further added that the decorations would be the free-form lighted decorations that would hang from poles that a number of other cities were using.
Mr. Chesnut stated that the funding currently available in the holiday lighting line item was approximately $6,000.00 and the total cost for the intersections as indicated on the revised list was $13,300.00, so he was requesting an increase of $7,000.00 in that line item. Mr. Chesnut asked for consideration of this request tonight to allow sufficient time for the work to be done.
Mr. Smith stated that he would recommend amending the General Fund line item for holiday lighting to $17,000.00, which would increase the funding in that line item by $7,000.00 and that would be his motion.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09 – 181
(A Resolution amending the General Fund line item for holiday lighting to $17,000.00, increasing the funding by $7,000.00, to provide funding for holiday lighting)

Mr. Smith moved for the adoption and enrollment of Resolution No. 09-181. 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.
The next item under the Other New Business Agenda was Item No. 19.01.09 – Request for consideration of $23,475.00 in matching funds from the Capital Projects Fund 2009/2010 Budget for the $60,000.00 LSTA Grant for the Homewood Public Library.
Ms. Deborah Fout (Library Director) addressed the Council. Ms. Fout stated that she was requesting approval for the matching grant money in the amount of $23,475.00 tonight in order to send the contract in at the end of this week. Ms. Fout further stated that the money probably would not be used until January, 2010, but she just wanted to get authorization that the funds would be there so that she could enter into the contract.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09 – 182
(A Resolution appropriating the sum of $23,475.00 from the 2009/2010 Capital Projects Budget to be used by the Library Board to acquire an LSTA Grant for the Library)

Mrs. Langlow moved for the adoption and enrollment of Resolution No. 09-182. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Smith asked how many jurisdictions within the cooperative were currently participating in the RFID program and had they overcome the problems which interfered with their RFID use. Mr. Smith stated that he would also like to know if any measures had been developed for evaluating whether we actually obtained the expected efficiencies that were indicated when this issue was addressed in budget hearings.
Ms. Deborah Fout again addressed the Council. Ms. Fout stated that Birmingham was just getting into the RFID program, Hoover was already into it and the prediction was that within four to five years the whole cooperative would be using RFID. Ms. Fout further stated that to her knowledge, after having been in meetings at Hoover, they have had no problems at all with their RFID, and it had worked so well for them that they had obtained an LSTA Grant this year to do the rest of their collection. Ms. Fout added that for purposes of evaluating, she could definitely evaluate loss prevention, inventory control, the number of lines that were evident at any given time, and further evaluation by means of surveying the patrons to see if they were happier with it, if it was faster, and those kinds of things. Ms. Fout further added that her staff had actually gone down, having gone from 25 people to 22 people since 2003, while circulation had gone up 14 percent since that time and 7 percent in the last year, and in fact, she had seen an all time high of 609,000 in circulation this year.
Mr. Smith asked what the per-unit cost was for the chip that had to be placed in each item and how much of the collection was anticipated to be implemented initially.
Ms. Fout stated that the cost was about .49 cents per chip. Ms. Fout further stated that the big expense with the system was the new security gates and there would be five scanners purchased to go with each self checkout unit which would be the big cost and then the starting of the chips. Ms. Fout added that she planned to start with the non-book collection which was about 23,000 items and then from that point on, she would apply for a grant to get the chips and everything for the remaining book items which would number about 72,000. Ms. Fout further added that she would be glad to get some statistics and talk to Hoover to see how they were evaluating their efficiencies.
Mr. Smith stated that his final question was whether the library would be interoperable with the other members in the cooperative.
Ms. Fout again addressed the Council and stated that it would be a bid process and it would be bid to be compatible from library to library.
Mr. Smith stated that for clarification, he was assuming that the motion on the floor included unfreezing Capital funds up to that amount and establishing a new line item for that funding.
Mrs. Langlow stated that was correct and that would be in the amount of $23,475.00 for the $60,000.00 grant.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that he would like to consider board vacancies as the next order of business.
Mr. Jones, at this time, moved to appoint Mrs. Paula Smalley (903 Westover Drive) to the Homewood Parks and Recreation Board for Ward 3. Mr. Jones stated that Mrs. Smalley’s term would expire in October 2014. 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 motion carried without dissent.
Mr. Smith stated that the Public Safety Committee would meet on Monday, November 2, 2009 at 6:00 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, November 2, 2009 at 5:30 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, November 2, 2009 at 6:30 p.m.
Mrs. Langlow stated that the Planning and Development Committee would meet on Monday, November 2, 2009 at 5:15 p.m.
Mr. Underwood, at this point, recognized representatives from Brookwood Medical Center who were present at the meeting concerning Item No. 29.01.09 – Request for consideration from Brookwood Medical Center with regard to their pending development plan.
Mr. Howard Donovan (Attorney representing Brookwood Medical Center) addressed the Council. Mr. Donovan stated that he would like to revisit the issue of incentives with the Finance Committee, but in a modified format taking into account that Brookwood Medical Center had been before the Council before in 2007 and 2008 on the same subject. Mr. Donovan further stated that the new proposal had some material differences, and he would like to present the re-worked proposal to the Finance Committee recognizing some proportionality with respect to the incentives requested. Mr. Donovan added that the presentation would take between 30 and 45 minutes or perhaps one hour and he would have some brochures to distribute either at or before the meeting.
Mr. Kerry Tirman (Chief Operating Officer/ Brookwood Medical Center) introduced himself to the Council.
Following this introduction and comments by Mr. Donovan, Mr. Trippe stated that the Finance Committee would meet on Monday, November 2, 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.