M I N U T E S

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

September 28, 2009

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, September 28, 2009 at City Hall at 6:00 p.m. The invocation was given by Reverend John Taylor (Second Presbyterian 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, 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. Underwood, at this point, recognized Ms. Tricia Ford/ Director/Homewood Chamber of Commerce who addressed the Council.
Ms. Ford stated that she wanted to update the Council on two State of Alabama tourism initiatives driven by the Homewood Chamber of Commerce. Ms. Ford further stated that the first initiative was the 2010 Year of Small Towns and Downtowns that was adopted by the Council in November, 2008. Mrs. Ford added that it had been decided to create trails for people to follow, and the Chamber was very excited that Homewood would be the beginning of the tour.
Mr. Ford stated that the second initiative was The Passport to Fitness that would consist of two trails, one of which would be a walking trail that would go through residential areas and a fitness trail that would be going down the Greenway. Ms. Ford further stated that in addition the Chamber would be sponsoring four walking tours that would be publicized with the State of Alabama. Ms. Ford added that she was hopeful that the initiatives would bring a lot of tourists to Homewood.
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

08.08.09 Request for consideration to evaluate options to change zoning in certain areas in Wildwood - Planning and Development Committee - Action Taken: The Planning and Development Committee on 09/21/09 recommended dropping this item.

27.09.09 Request to the Planning Commission to consider changes to the PMUD zoning category at Wildwood - Planning and Development Committee - Action Taken: The Planning and Development Committee on 09/21/09 recommended dropping this item.

18.10.09 Request to consider additional transfers for the Police Department for the Corrections Fund - Finance Committee - Action Taken: The Finance Committee on 09/21/09 recommended dropping this item.

23.11.09 Request for consideration for a presentation from Cahaba River Society - Special Issues Committee - Action Taken: The Special Issues Committee on 09/21/09 recommended dropping this item.

32.11.09 Request for consideration for a variance to the driveway ordinance at 209 Broadway - Public Works Committee - Action Taken: The Public Works Committee on 09/21/09 recommended dropping this item.

There being no objections to the Committees’ recommendations on the Consent Agenda items, Mr. Moody moved to approve the Consent Agenda. 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 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 September 14, 2009 Council meeting).
Mr. Trippe stated that the Mayor had reported that he was waiting on some additional information and had requested that this matter be carried over.
Mr. Underwood stated that without objection, the aforesaid matter would be carried over.
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).
Mr. Underwood stated that he had received a request from one of the affected property owners to have the opportunity to discuss the aforementioned matter with members of the Council. Mr. Underwood further stated that he and Mrs. Langlow had agreed to refer this matter back to the Planning and Development Committee to give the property owner an opportunity to discuss it with the committee.
Mr. Underwood stated that without objection, the item would be referred back to the Planning and Development Committee. There was no objection from the Council.
The next item of business on the agenda under Old Business was the request to consider the 2009/2010 Budgets.
Mr. Trippe stated that there were several recommendations coming out of the Finance Committee on the 2009/2010 Budgets, one of which was the recommendation on a 5 - 0 vote to deny or freeze merit raises. Mr. Trippe further stated that he had reported to the Council and members of the Finance Committee that he intended to change his favorable vote as to that issue and also offer amendments to the recommendation on the General Fund. Mr. Trippe added that he would propose that the Council consider the recommendations on the 2009/2010 Budgets in the following order: (1) The issue of the merit raises, (2) a cumulative recommendation on the General Fund, (3) the Capital Projects Budget, and (4) the Restricted Funds.
Mr. Underwood asked if the Council had any questions or comments on this matter at this point.
Mr. Hooks stated that there were actually two other recommendations that passed in the Finance Committee, one was the longevity issue on a 5 - 0 vote and the second was any additional step raises on a 4 - 0 vote.
Mr. Trippe stated that was correct, but his expectation would be to take those issues up when the General Fund was before the Council.
Mr. Underwood stated that the first recommendation to be considered tonight was a resolution to forego all merit increases and freeze salaries.
Mr. Kendrick stated that there were several blanks in the resolution, one being the effective date when the raises would stop and the other being the date the freeze would terminate. Mr. Kendrick further stated that this would have to go to the Jefferson County Personnel Board for their approval, so it could not be effective before that approval.
Mr. Trippe stated that the recommendation from the committee was for it to take effect on October 1, 2009, the beginning of the budget year, for a 90-day freeze, to be re-evaluated in 90 days.
Mr. Hooks stated that due to the blanks that were involved in the resolution currently and in light of the fact that the Finance Committee had not seen numbers back on the budget that was passed by the Finance Committee for the committee to review, he would recommend doing a Continuing Resolution of the current 2008/2009 Budget for the next 30 days. Mr. Hooks further stated that it would be premature for the council to vote on a budget when no one on the council had seen numbers and knew whether or not the budget was actually balanced.
Mr. Hooks then moved that the City continue to operate under the next thirty (30) days under a Continuing Resolution under the current 2008/2009 Budget in light of the fact that the Finance Committee had not seen final numbers on the budget that was passed by the Finance Committee. Mr. Smith seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Trippe stated that while it was true the books had not been closed for the 2008/2009 fiscal year the committee was given numbers based on the expected numbers through the end of August, 2009, as well as anticipated revenue numbers for the month of September, 2009, and the cost of the merit raises. Mr. Trippe further stated that it was discussed using actual revenue dispensed numbers from this year as the go-forward budget and there was a consensus that those numbers would be used going forward.
Mr. Smith stated that it was promised that documents would be given that compiled all the numbers and recommendations of the Finance Committee, but those documents had not been provided.
Mr. Payne stated that he had reviewed the expenses that the council would be considering tonight and he saw $1,013,000.00 that nobody had mentioned last Wednesday night. Mr. Payne further stated that the City Clerk had mentioned that payroll was going to come in about $660,000.00 more, but from what he could tell, it was $791,000.00.
Mayor McBrayer stated that the numbers that were presented to the Finance Committee the other night were as close as they could be that night. Mayor McBrayer further stated that he maintained that the budget year would end with about $1 million to $1.2 million revenues over expenses.
Mr. Jones stated that the reason there was a surplus was because there was a good Mayor in place and good department heads that had really cut back on spending. Mr. Jones further stated that he appreciated that and it made it easier as the council went through this process.
Mr. Hooks stated that there was an additional $400,000.00 that had come in from a one-time settlement with hotel owners on the hotel property tax that was unexpected income and was not a re-occurring income. Mr. Hooks further stated that the numbers that were presented that the Finance Committee was dealing with was roughly a $3 Million Dollar deficit.
Mr. Underwood, at this time, asked President Pro Tempore Allyn Holladay to take the Chair.
Mr. Underwood stated that Mayor McBrayer had done a tremendous job given the situation that he inherited in getting the City’s financial house in order, which was a Number 1 priority with the council. Mr. Underwood further stated that there was some optimism about the current fiscal year ending on September 30th, but there was still uncertainty and the council also had about half the time than they would normally have to consider this budget. Mr. Underwood added that from his standpoint, giving the process another 30 days made sense to make sure that the Council got it right at the end of the day.
Mr. Underwood took back the Chair at this point.
Mr. Trippe stated that the numbers the council had seen indicated that despite the economy, the year would be finished with a surplus. Mr. Trippe further stated that it had been reported that some of the revenue had not been booked and that included the August sales tax numbers, so based on that, the consensus of the Finance Committee on the General Fund was to adopt a budget based on actual year-end numbers. Mr. Trippe added that the reason the numbers were not available tonight was because they had not been booked because the books had not been closed. Mr. Trippe further added that there had been discussions that the numbers would be closed at the end of August and those numbers would be the actuals to be amended when the books were closed at the end of September.
Mr. Trippe stated that he wanted everybody to understand that numbers had been talked about and that the numbers were going to have to be plugged in after the fact, but the consensus of the committee was that there would be a surplus this year.
Mrs. Langlow stated that the council had met for two weeks every night consistently over and over again and she had come to have some level of comfort with the numbers as far as she could without the books being closed out. Mrs. Langlow further stated that she had heard time after time that there were people who did not believe the numbers even though there were invoices and copies from the bank and she did not think that would change. Mrs. Langlow added that she had been with the city for nine years and she had yet to have it reported that any bank or any other financial institution had given incorrect numbers, so just for the record, she was prepared to vote.
Mr. Underwood stated that the motion before the council was to carry over the budget for another 30 days.
Upon roll call, the votes were Ayes: Smith, Holladay, Payne, Hooks and Underwood. Nays: Scott, Moody, McClusky, Jones, Langlow and Trippe. The motion failed to carry by a vote of 6 to 5.
Mr. Underwood stated that the recommendation before the council at this point was the recommendation of the Finance Committee.
Mr. Trippe stated that the Finance Committee met and voted 5 - 0 to recommend freezing merit increases across the board for all employees. Mr. Trippe further stated that as he had previously reported, he was changing his vote on that issue.
Mr. Jones stated that he would be voting No on that as well.
Mr. Trippe stated that the amended recommendation from the Finance Committee was 3 - 2 to deny all merit raises across the board.
Mr. Underwood stated that the committee recommendation could not be amended from the floor, and for the record, the Finance Committee recommendation was 5 - 0.
Mr. Hooks stated that in light of certain changes on this council, he would encourage everyone to vote along with Mr. Trippe, and as Chairman of the Finance Committee, let him lead us in making sure that we continue to maintain a balanced budget for the rest of the year.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-153
(A Resolution to freeze all merit raises across the board for all employees of the City of Homewood)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-153.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Payne asked what the cost was for the merit raises.
Mr. Trippe stated that the cost was $161,541.00.
Upon roll call, the votes were Ayes: Smith, Holladay, Payne, Hooks and Underwood. Nays: Scott, Moody, McClusky, Jones, Langlow and Trippe. The motion failed to carry by a vote of 6 to 5.
Mr. Underwood stated that the next recommendation under the 2009/2010 Budgets was related to the General Fund.
Mr. Trippe stated that the Finance Committee met and voted 5 - 0 to adopt the General Fund Budget. Mr. Trippe further stated that as part of that recommendation, longevity would be eliminated, but he would be offering an amendment to restore longevity.
Mr. Underwood stated that the recommendation before the council from the Finance Committee was to freeze longevity pay for fiscal year 2009/2010.
Mr. Trippe stated that was correct, as part of the overall 2009/2010 budget.
Mr. Payne asked what the cost was for longevity.
Mr. Trippe stated that the cost was $186,492.00.
Mr. Jones, at this time, moved to amend the motion to restore longevity pay. Mr. Trippe seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding the motion to amend. There was no response from the Council.
Upon roll call, the votes were Ayes: Scott, Moody, McClusky, Jones, Langlow and Trippe. Nays: Smith, Holladay, Payne, Hooks and Underwood. The motion carried by a vote of 6 - 5.
Mr. Underwood stated that the motion had passed and the Council would now vote on the main motion as amended.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-153
(A Resolution adopting the General Fund Budget for the Fiscal Year 2009/2010 in the amounts reflected as of September 30, 2009 for the actual revenues and expenditures for each department and line item of the City, except as set out in Exhibit A attached to the Resolution)

Mr. Jones moved for the adoption and enrollment of Resolution No. 09-153 as amended. 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 by a vote of 6 to 4. Ms. Holladay, Mr. Payne, Mr. Hooks and Mr. Underwood voted No. Mr. Smith abstained.
Mr. Smith stated that he had abstained because he still had not seen a budget that the Council was supposedly voting on.
Mr. Trippe, at this point, stated that he would like to propose an amendment to the budget as just passed.
Mr. Hooks stated that it was his understanding that the vote was on the longevity issue. Mr. Hooks further stated that if the vote was on the budget, then he would want to withdraw his vote because that was not what came out of the Finance Committee. Mr. Hooks asked that the minutes of that Finance Committee be provided in writing to each member of the Council.
Mr. Underwood stated that he just wanted to make sure it was understood what the budget was that was just passed.
Mr. Trippe stated that as it stood now, an operating General Fund Budget for 2009/2010 had been passed that included the standard merit raises under the Personnel Board system and had restored the normal longevity program. Mr. Trippe further stated that the General Fund Budget, in general form, took 2008/2009 actual numbers, both revenue and expenses, and carried those forward as the new operating numbers for both revenue and expenses for 2009/2010. Mr. Trippe added that the committee had not had time to discuss it, but he would like to propose discussion tonight on the health insurance premiums. Mr. Trippe further added that the City was presently contributing to health insurance for the employees, and he would like to propose in the form of an amendment that the City contribute an additional amount toward health insurance premiums as follows: An additional $34.00 per month per employee who elected to take Single health insurance coverage (an anticipated cost of $62,832.00) and an additional $81.00 per month per employee who elected to carry Family health insurance through the City (an anticipated cost of $118,584.00).
Mr. Hooks stated that this was just an example of multiple changes that had been made to the presentation that was actually voted on in the Finance Committee on Wednesday night on a 5 - 0 vote on most issues and on a 4 - 0 vote on the rest of the issues after Mr. Jones left the meeting. Mr. Hooks further stated that this was a complete re-write of the budget in this meeting currently from the Chairman of the Finance Committee and it was just flat wrong. Mr. Hooks suggested that this particular issue be sent back to the Finance Committee so that it could be discussed.
Mr. Smith stated that if an amendment was new was it not a violation of the Sunshine Law to be taking it up tonight.
Mr. Underwood stated that he would entertain a motion to refer this item to the Finance Committee because as far as he knew, the committee had not had an opportunity to discuss the information that was being presented tonight for the first time. Mr. Underwood further stated that the issue deserved an adequate level of discussion and he would encourage the Council to not act on this and put the matter in the Finance Committee for consideration.
Mr. Hooks moved to refer the additional health insurance contributions to the Finance Committee. Ms. Holladay seconded the motion.
Mr. Jones stated that Mr. Trippe had made the first motion.
Mr. Underwood stated that there was no second to that motion, so the motion on the floor was to refer the health insurance issue to the Finance Committee
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mrs. Langlow asked if the additional contributions of $34.00 and $81.00 per month was going to take up what an increase would be to the employees across the next year.
Mr. Trippe stated that was correct.
Upon roll call, the votes were Ayes: Smith, Holladay, Payne, Hooks and Underwood. Nays: Scott, Moody, McClusky, Jones, Langlow and Trippe. The motion failed to carry by a vote of 6 to 5.
Mr. Underwood asked Mr. Trippe to re-state his motion to amend.
Mr. Trippe moved to amend the previously adopted General Fund Budget 2009/2010 to increase the City’s contribution to Single health insurance by $34.00 per month per employee and to increase the City’s contribution to Family health insurance by $81.00 per month per employee. Mrs. Langlow seconded the motion.
Mr. Hooks called for unanimous consent.
Mr. Jones called the question.
Mr. Underwood asked if unanimous consent was required when the budget was being amended.
Mr. Kendrick stated that the argument could be made that it was an expenditure of funds that had not been on the agenda before and discussed before by the Council, an issue that Mr. Smith had raised. Mr. Kendrick further stated that he did not know if it had been discussed or not.
Mr. Trippe stated that he could confirm that it was not discussed.
Mr. Moody moved for unanimous consent to consider the matter tonight. Mr. Scott seconded the motion.
Upon a voice vote, the motion for unanimous consent failed to carry. Mr. Smith voted No.
Mr. Trippe stated that at the request of Mr. Hooks, he would ask that this matter be referred to the Finance Committee.
Mr. Underwood stated that the aforesaid issue related to additional health insurance contributions would be referred to the Finance Committee.
Mr. Trippe stated that the next recommendation related to the 2009/2010 Budgets was the Capital Projects Budget. Mr. Trippe further stated that the Finance Committee met and voted 5 - 0 to recommend the following: (1) To have a Capital Fund Budget with no delineated line items; (2) to continue funding of the general Small Infrastructure Fund at the rate of $200,000.00 a year; (3) to continue the current policy of the Mayor, if necessary, declaring an emergency for Capital spending and bringing it before the Council; (4) if there were any additional Capital expenditures in the next 90 days, to have the department heads bring them to the Mayor; and (5) that there be a freeze of spending for the Capital Projects Fund for 90 days pending further review of the Council.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-154
(A Resolution freezing all expenditures for at least 90 days for the Capital Projects Fund for the fiscal year 2009/2010 commencing October 1, 2009 without delineating any line items for the Capital Projects Fund with the exception of the Small Infrastructure Line Item account in the amount of $200,000.00)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-154.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, McClusky, Jones, Payne, Trippe and Underwood. Nays: Moody, Hooks and Langlow. The motion carried by a vote of 8 to 3.
Mr. Trippe stated that the Finance Committee met and voted 5 - 0 to recommend adopting a Continuing Budget resolution for all Restricted Funds pending further review by the Finance Committee with updated numbers as soon as they were available from the Administrative staff.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-155
(A Resolution extending the 2007/2008 Budgets currently in place for Seven Cents Gas Tax Fund, Four and Five Cents Gas Tax Fund, Debt Service Fund, Emergency 911 Fund, Correction Fund-Jail, Correction Fund-Court, and Inspection Technology Fund of the City effective October 1, 2009, temporarily freezing all expenditures until such time as further action is taken by the Council to establish budgets for current needs relating to such funds)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-155.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. Nays: None. The motion carried unanimously.
Mr. Trippe stated that since the resolution on the Restricted Funds was a Continuing Budget resolution, the Finance Committee would continue to work on those, so he would request that the Restricted Funds be referred back to the Finance Committee.
Mr. Underwood stated that without objection, the aforesaid Restricted Funds would be referred back to the Finance Committee.
Mr. Hooks stated that he wanted to make sure that the public understood that the budget that was passed tonight, no one had seen the numbers to know whether it was a balanced budget or not. Mr. Hooks stated that from his position that was totally irresponsible. Mr. Hooks asked when the Council would have an opportunity to see the numbers.
Mr. Underwood stated that he could not answer that. Mr. Underwood further stated that he agreed it was premature and all he could say was that there was a budget and there were various assumptions as to the numbers and real numbers would be provided just as soon as they were made available.
Mr. Payne asked if anybody could tell him what the proposed expenses and the proposed revenues were going to be.
Mr. Underwood asked if anybody could answer that question from Mr. Payne. There was no response from the Council.

Mr. Payne asked if anybody could tell him how much money had been taken in during this fiscal year and how much money had been given out.
Mr. Hooks asked what the cash balances were as stated today.
Mr. Underwood stated that he could not answer those questions.
Mrs. Langlow stated that those questions could probably be answered according to some of the balances that were in the accounts and from documentation that Mr. Underwood had asked for awhile back that most of the Council had received through e-mail.
Mr. Hooks asked if those were reconciled balances against the City’s books.
Mr. Underwood stated that earlier in the year reconciliation was not occurring and whether it was completely occurring now he did not know. Mr. Underwood further stated that in an uncertain economy, the Council had been depending upon unreliable numbers and nobody in this City Hall was to blame for any of that, the City had just not over the years developed good accounting systems. Mr. Underwood added that after listening to the discussion and realizing that in many cases the balances were not known, the budget was being built on a very soft foundation.
Mr. Jones stated that this was tough economic times, but the City was going to end up with a surplus. Mr. Jones further stated that he had the bank balances that had been provided and the e-mail that talked about the Rainy Day Fund balance that was in the millions and it was noted on the financials. Mr. Jones added that the Council had the information at their fingertips.
Mrs. Langlow stated that in the Capital Reserves there was approximately $3.9 million, the Rainy Day Fund $5.8 million, Investment Fund $15,722,182.00, Debt Service approximately $9 million, and approximately $300,000.00 left in the Bond Proceeds.
Mr. Underwood stated that those numbers were pretty accurate, but he was asked by a member of the Council if the Council could or should spend those dollars. Mr. Underwood further stated that there was a legitimate debate about perhaps a two month or three month operating reserve should be established, but as to the appropriate minimum balance in that account the Council had never had a discussion. Mr. Underwood added that in his opinion, it was a good idea as a Council to decide what those minimums should be, rather than spend first and decide later.
The Chair, at this point, declared a two (2) minute recess.
After the recess, the Chair declared the meeting back in session.
The next item of business on the agenda under Old Business was the request for consideration of the following transfer: $12,000.00 to Line Item No. 01-20-5-109.00/ Health Insurance from Line Item No. 01-20-5-104.00/ Wages/ Park and Recreation Department.
Mr. Trippe stated that the Finance Committee met and voted 5 - 0 to recommend the transfer of the amended amount of $3,000.00 to Line Item No. 01-20-5-109.00/ Health Insurance from Line Item No. 01-20-5-104.00/ Wages/ Park and Recreation Department/ 2008/2009 General Fund Budget.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-156
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 for the Park and Recreation Department to provide for the transfer of $3,000.00 from Line Item No. 01-20-5-104.00/ Wages to Line Item No. 01-20-5-109.00/ Health Insurance)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-156.
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 10 to 1. Mr. Hooks voted No.
Mr. Trippe stated that the Finance Committee met and voted 5 - 0 to recommend adopting the Jefferson County Personnel Board 2008/2009 Annual Classification Survey with no classification or compensation changes for the City of Homewood as distributed.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-157
(A Resolution stating no objections by the City Council to the results of the Jefferson County Personnel Board’s 2008/2009 Survey as attached to the Resolution as Exhibit A)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-157.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was some discussion.
On a voice vote, the motion carried by a vote of 10 to 1. Mr. Hooks voted No.
Mr. Smith stated that the Public Safety Committee met and voted unanimously to recommend, and he moved, that the Council go on record as having no objections to the issuance of a 020 - Restaurant Retail Liquor license for Alimar, Inc. d/b/a Aladdins Grill at 148 Wildwood Parkway.
Mr. Underwood asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request for consideration of a variance to the Sign Ordinance at 14 Green Springs Highway (Pizza Hut).
Ms. Holladay stated that the Special Issues Committee met and voted unanimously to recommend allowing two building signs in a reduced size in lieu of an allowed free standing sign for that particular sign district with the caveat that no free standing signs would be allowed for future buildings at this site unless brought back before the Council.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-158
(A Resolution agreeing to grant to Pizza Hut, 14 Green Springs Highway, a variance to the Sign Ordinance allowing two [2] building signs in lieu of a free standing sign, as displayed in Exhibit A as attached to the Resolution)

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-158.
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 unanimously to recommend a time and size variance to the Tent Ordinance for Mazer Furniture and Appliance at 816 Green Springs Highway for the dates of September 30, 2009 through November 4, 2009.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-159
(A Resolution agreeing to grant to Mazer Furniture and Appliance located a 816 Green Springs Highway a variance from the provisions of 2[d] and 2[f] of the Homewood Tent Ordinance so as to permit the use of a tent from September 30, 2009 through November 4, 2009, to be located at 816 Green Springs Highway)

Ms. Holladay moved for the adoption and enrollment of Resolution No. 09-159.
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 unanimously to recommend declaring the list of computer equipment from the IT Department surplus property as distributed by Mrs. Cook and recommended by Mr. James Yates/ IT Administrator/ IT Department contingent on all data being erased and proper disposal of the computer equipment.
Mr. Kendrick, at this point, presented the following Ordinance for the first reading:
Ordinance No. _______
(An Ordinance to dispose of surplus Municipal property)

Mr. Trippe moved for unanimous consent to consider the proposed Ordinance as read tonight. Mrs. Langlow seconded the motion.
Upon roll call, the votes were Ayes: Smith, Scott, Holladay, Moody, McClusky, Jones, Payne, Hooks, Langlow, Trippe and Underwood. The motion for unanimous consent carried without dissent.
At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:
Ordinance No. 2402
(An Ordinance to dispose of surplus Municipal property)

Mr. Trippe moved for the adoption, enrollment and publication of Ordinance No. 2402 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, Hooks, Langlow, Trippe and Underwood. 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 unanimously to recommend referring the request for consideration of Change Order No. 6: re: Proposal and approval of the contract for Gonzalez-Strength in the amount of $1,800.00 for a sanitary sewer re-built to the Public Works Committee.
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 unanimously to recommend transferring up to $40,000.00 for City Hall and facilities at Bagby Drive relating to Administrative and General Government departments as requested by Mrs. Linda Cook/ City Clerk.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-160
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the following transfer of funds: [a] $14,000.00 from Line Item No. 01-11-5-205.00/ Personnel Board to Line Item No. 01-10-5-502.00/ Electricity/ Administrative Department; $12,400.00 from Line Item No. 01-11-5-205.00/ Personnel Board to Line Item No. 01-11-5-502.00/ Electricity/ General Government; [c] $11,828.00 from Line Item No. 01-11-5-205.00/ Personnel Board to Line Item No. 01-10-5-503.00/ Water and Sewer/ Administrative Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-160.
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 this was the time and the place for the Public Hearing September 28, 2009, to consider declaring the property located at 841 Forrest Drive a public nuisance due to excessive growth.
Mr. Underwood asked if there was anyone 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. Scott Cook (Code Enforcement/ Police Department) addressed the Council. Mr. Cook stated that the property at 841 Forrest Drive had been posted and the appropriate notices had been mailed to the property owner. Mr. Cook further stated that this was rental property and the owner of the property had notified him that he was not aware that his renters had moved out and he was unaware that the yard was in such bad shape. Mr. Cook added that the yard had now been cleaned up and the property owner had offered assurances that he would maintain the yard on a regular basis until there were new tenants. Mr. Cook further added that his recommendation was to drop this matter from the agenda.
Mr. Smith, at this time, moved to drop the aforesaid request to consider declaring the property located at 841 Forrest Drive a public nuisance due to excessive growth. Ms. Holladay seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Jones stated that the property owner had used a weed eater on the yard and he had been contacted by residents on the street asking that the yard be mowed.
Mr. Scott Cook again addressed the Council and stated that a weed eater had been used because the grass was so tall, but after those calls were received from the residents and the property owner so notified, the yard had now been mowed.
On a voice vote, the motion carried without dissent.
Mr. Underwood stated that this matter would be dropped from the agenda.
Mr. Trippe stated that the Finance Committee met and voted unanimously to recommend transferring approximately $14,800.00 from Line Item No. 01-14-510300/ Salaries to Line Item No. 01-14-5-30500/ Fuel/ Police Department/ General Fund 2008/2009 Budget as requested and recommended by Chief Phil Dodd and Lt. Dan Smith (Police Department).
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 09-161
(A Resolution amending the General Fund Budget for the Police Department for the fiscal year 2008/2009 to provide for the following transfer of funds: $14,800.00 from Line Item No. 01-14-510300/Salaries/ Police Department to Line Item No. 01-14-530500/ Fuel/ Police Department)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-161 providing for the transfer of $14,800.00 from Line Item No. 01-14-510300/Salaries/ Police Department to Line Item No. 01-14-530500/ Fuel/ Police Department.
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 of business on the agenda under Old Business was the request to consider transfer of funds to cover Council travel for the National League of Cities national committee responsibilities.
Mr. Trippe stated that the Finance Committee met and voted 4 - 1 to recommend transferring the remaining balances from Line Item No. 01-11-5-702.45/ Ward 2/ Place 2/ Council Member Vance Moody’s travel and conference account to Line Item No. 01-11-5-702.40/ Ward 2/ Place 1/ Council Member Allyn Holladay’s travel and conference account and from Line Item No. 01-11-5-702.60/ Ward 4/ Place 1/ Council Member Hunter Payne’s travel and conference account to Line Item No. 01-11-5-702.65/ Ward 4/ Place 1/ Council Member David Hooks’ travel and conference account.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-162
(A Resolution amending the General Fund Budget for the fiscal year 2008/2009 to provide for the transfer of the remaining balances from Line Item No. 01-11-5-702.45/ Ward 2/ Place 2/ Council Member Vance Moody’s travel and conference account to Line Item No. 01-11-5-702.40/ Ward 2/ Place 1/ Council Member Allyn Holladay’s travel and conference account and from Line Item No. 01-11-5-702.60/ Ward 4/ Place 1/ Council Member Hunter Payne’s travel and conference account to Line Item No. 01-11-5-702.65/ Ward 4/ Place 1/ Council Member David Hooks’ travel and conference account)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-162.
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 from Do Di Yo’s restaurant regarding issuance of necessary licenses.
Mr. Smith stated that the Public Safety Committee met and voted unanimously to recommend the following procedure as suggested by the City Clerk for handling the ABC Board liquor license applications: Accept the business license application along with the application from the ABC Board prior to placing on the council agenda and that when the ABC Board application was approved or the council having no objections, then the letter to the ABC Board notifying them of the council’s action would be withheld until the business license requirements were met and a business license was issued. Mr. Smith further stated that this procedure would move the process along and still provide the assurance that the business license was obtained before the business could start selling alcohol.
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 asked if there was any objection to the Committee Referral Agenda as presented.
Mr. Scott moved to approve the Committee Referral Agenda.
Mr. Kendrick stated that from a legal standpoint, he would like to comment on Item No. 22.12.09 on the Committee Referral Agenda - Request 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. Kendrick further stated that in order to adopt these standard codes by references, the Council would have to adopt a resolution setting a Public Hearing and post for public inspection the proposed standard ordinances for a period of at least 15 days, so the council needed to adopt that resolution and set those ordinances out before any action could be taken on them. Mr. Kendrick added that if it was referred to committee, it would be 15 days after, and it would probably be November before the ordinances could be adopted.
Mr. Underwood asked Mr. Scott if he would amend his motion to delete Item No. 22.12.09 from the Committee Referral Agenda so that it could be taken up as Mr. Kendrick suggested, leaving the following three items on that agenda:
COMMITTEE REFERRAL AGENDA

20.12.09 Request for consideration of a variance to the Sign Ordinance at 780 Brookwood Village - Cindy Akins/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE

21.12.09 Request for consideration to vacate a portion of the alley adjacent to the rear property line of 509 Broadway - Ted Kyzer/ Greg Cobb/ Engineering Department
PUBLIC WORKS COMMITTEE

23.12.09 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 - Jerry Crowe/ Chief Building Official
FINANCE COMMITTEE

Mr. Scott moved to amend his previous motion to approve the Committee Referral Agenda with the deletion of Item No. 22.12.09. 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 Committee Referral Agenda as amended was approved by a vote of 10 to 1. Mr. Smith voted No.
Mr. Underwood stated that Item No. 22.12.09 - Request 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 as removed from the Committee Referral Agenda would be considered as the next order of business under the Other New Business Agenda.
Mr. Kendrick stated that the first time the Council could consider this matter after posting the notice of the Public Hearing would be October 26, 2009.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 09-163
(A Resolution establishing a Public Hearing date of October 26, 2009, to consider adopting 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. Jones moved for the adoption and enrollment of Resolution No. 09-163 establishing a Public Hearing date of 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. 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 by a vote of 10 to 1. Mr. Smith voted No.
The first item of business on the Other New Business Agenda was the request for consideration from the Cub Scouts for use of SoHo Square to sell popcorn on October 8, 2009.
Mayor McBrayer stated that he believed the actual date for the event was October 3, 2009, instead of October 8. Mayor McBrayer further stated that basically what he told the Cub Scouts was that he did not know if there was any other conflict and typically such matter were placed before the council.
Mr. Underwood stated that he would entertain a motion that whatever was the correct date would be the date so approved by the council.
Mrs. Langlow moved to allow the Cub Scouts the use of SoHo Square to sell popcorn on either October 3, 2009, or October 8, 2009, whichever date was determined the correct date as requested. Mr. Scott seconded the motion.
Mr. Underwood asked if the Council had any questions or comments regarding this motion.
Mr. Smith stated that he had no objection to this, but he just wanted to make sure that all the Cub Scout troops had the same opportunity.
Mayor McBrayer stated that he had no problem with that, but George Bartle was the one who had made this particular request for his group.
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 September 12, 2009 through September 25, 2009.
Mr. Trippe stated that he had reviewed the invoices for the period September 12, 2009 through September 25, 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 - 164
(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 12, 2009 through September 25, 2009)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 09-164 authorizing payment of the invoices for the period September 12, 2009 through September 25, 2009. 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 he would like to consider board vacancies as the next order of business.
Mr. Jones, at this time, moved to appoint Ms. Elaine R. Snow (101 Woodmont Drive) to the Historic Preservation Commission for Ward 3. Mr. Jones stated that Ms. Snow’s term would expire in September 2012. 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, October 5, 2009 at 6:00 p.m.
Ms. Holladay stated that the Special Issues Committee would meet on Monday, October 5, 2009 at 5:45 p.m.
Mr. Moody stated that the Public Works Committee would meet on Monday, October 5, 2009 at 5:30 p.m.
Mr. Hooks stated that the Environmental Commission had previously sent the Mayor a letter requesting that he have the contractors in their paving projects to make sure that they were diligent in keeping debris out of the gutters. Mr. Hooks then read the following letter dated September 28, 2009, from the Environmental Commission into the record:
“Dear Mayor McBrayer:
The City’s response to the Homewood Environmental Commission’s concerns about untidy work on the recent paving projects was superlative. The contractor was observed cleaning the debris from the repaved streets both with the street sweeping machine as well as with a hand held blower. After completing this work very little loose gravel remained. This appeared to be no small job, as the contractor’s workers were seen on at least two different days in Hollywood.

We are particularly grateful that this work was completed rapidly, and before all the recent heavy rains could wash the debris into Shades Creek. The work effort was tremendously beneficial for both the residents and the protected waterway.

Thank you very much for your continued leadership in addressing environmental needs in such a way that protects the ecosystem and our quality of life in Homewood, and keeps us in compliance with state and federal regulations.

Sincerely yours,
Homewood Environmental Commission”

Mrs. Langlow stated that the Planning and Development Committee would meet on Monday, October 5, 2009 at 6:30 p.m.
Mr. Trippe stated that the Finance Committee would meet on Monday, October 5, 2009 at 6:45 p.m.
Mayor’s Comments:
First of all, Jeff, congratulations on the Hero’s Welcome. It is a very worthy cause to some very important people. Thanks to you and the Lakeshore Foundation for providing that. It meant a lot to people in Homewood.

I remember what it feels like to sit where you are sitting and I didn’t necessarily envy you tonight. There were some tough choices, but I have to tell you as Mayor, I am excited about the opportunity we have with the employees. I think they feel a lot better than they have in the past. It is perfectly fine for people to have differences. I just want you to know, it doesn’t affect any relationships I have. I appreciate the hard work. I know, Mr. Hooks, you had talked about the amount of hours that had been put into it and I know that all of you have. What I have consistently tried to tell the media in these type situations, I don’t believe there’s one person sitting on this council that wakes up in the morning and has it in their heart or in their head to do anything that hurts the City of Homewood. That is diabolically opposed to why I think most people run and that is to help. So I appreciate it. I hope we can move forward and do whatever it is we need to do. I am grateful the first budget is out from under my belt and off of my back. I appreciate all the hard work, not just Finance, but everybody on the council and their input in getting through this process. My goal for next year will be to basically repeat. I will ask my department heads to hold expenses under revenues and we will do all we can as the Mayor’s Office and I know you will as a council to go out here and promote the City of Homewood, do everything we can to promote revenues, and look forward to another good year. Throughout this year, I could not have done what you have been so gracious to give me credit for tonight without a lot of people’s help. That includes all of you. We have had some long conversations and I appreciate your time and I value that. I appreciate what you do not just as council, but as my neighbors. Feel good about your vote tonight, whichever side you were on. I look forward to Monday night.

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