ST. CLAIR COUNTY COMMISSION MEETING October 13, 2015

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1 The St. Clair County Commi ssion met in regular session on October 13, in the County Commission Chambers of the St. Clair County Courthouse Annex #1 (Administrative Center) in Ashville, Alabama. Members Present: Members Absent: Others Present: Paul Manning, Chairman Jeff Brown, Commissioner District One Ken Crowe, Commissioner District Two Tommy Bowers, Commissioner District Three Jimmy Roberts, Commissioner District Four None Kellie L. Graff, Administrator Dan Dahlke, Engineer Gary Hanner, St. Clair Times Ray Bodiford, Visitor Bobby Fuller, Visitor Donna Wood, CFO Laura Lawley, Deputy Administrator James E. Hill, County Attorney Baker Jooma, Visitor CALL TO ORDER The Chairman d eclared a quorum present at 9:10 a.m. and called the meeting to order. APPROVAL OF AGENDA On a motion by Commissioner Bowers, seconded by Commissioner Roberts, with all RESOLVED, that the Agenda be approved as presented. APPROVAL OF MINUTES On a motion by Commissioner Brown, seconded by Commissioner Crowe, with all RESOLVED, that the minutes of the regular meeting of September 22, be approved with the exception of those that are questioned by any Commissioner before the close of business today. ENGINEER S REPORT: The first item of the Enginee r s report an update on road projects. Engineer Dahlke reported the bid for ATRIP ( Alabama Rehabilitation and Improvement Program) project on Pier 59 bridge came in higher than initially estimated. It came in just a bit over $1 million making the County 20% match just over $206,000. Winston Construction is the bid winner. Engineer Dahlke said the con tractor is preparing to start the microsurface paving on County roads. The contractor is expected to arrive Nov. 1, 2015 and should take approximately 5 days to complete projects. He also reported he has requested a consultant from Alabama Department of Transportation to work on the plan s for improvements to intersections along U.S 411 as an Metropolitan Planning Organization project. Commissioner Crowe stated the e stimated cost of the entire project is $2.3 million with a 20% match to be split 1

2 between the County (10%) and the City of Moody (10%). He added it would be 2019 before all projects are completed. Commissioner Crowe and Engineer Dahlke agreed this project will greatly ease the congestion along U.S The next item to discuss an agreement with CDG Engineers and Associates, Inc. for the construction engineering on the ATRIP project at Rivercrest. Engineer Dahlke explained the bridge at Rivercrest is the first of its kind in the state and since CDG Engineers and Associates engineered the design, he felt it best to go back to them for the engineering design and inspection. Commissioner Roberts added this bridge project has been a long time coming, and he thanked the county engineers for their diligence, patience, and work on the project. On a motion by Commissioner Roberts, seconded by Commissioner Bowers, with all voting aye, it RESOLVED, that the agreement with CDG Engineers and Associates, Inc. for construction engineering on the Rivercrest bridge project be approved. (Agreement to be made a part of these minutes as Attachment #1) The next item to discuss an agreement with ALDOT (Alabama Department of Transportation) for brid ge replacement projects on U.S. 11. Engineer Dahlke stated the agreement is the County s approval of the traffic control and detour plan fo r the projects. He added he just recently received the plans. Commissioner Brown expressed great concern over the traffic control plan stating the detour plan would put all the traffic onto County roads. He asked for the opportunity to review the plan again and to speak with ALDOT about it. A motion to table the agreement made by Commissioner Brown, seconded by Commissioner Crowe, with all RESOLVED, that the agreement with ALDOT for brid ge replacements projects on U.S. 11 be tabled. The next item to discuss a contract with Hudson Construction Company for microsurface paving of county roads. On a motion by Commissioner Crowe, seconded by Commissioner Bowers, with all RESOLVED, that the contract with Hudson Construction for microsurface paving of county roads be approved. (Contract to be made a part of these minutes as Attachment #2) ADMINISTRATOR S REPORT: The first item of the Administrator s report to discuss approval of County holidays for The holidays follow the State of Alabama holiday calendar. On a motion by Commissioner Roberts, seconded by Commissioner Bowers, with all RESOLVED, that the County holidays for 2016 be approved. (List of holidays to be made a part of these minutes as Attachment #3) The next item to discuss appointing Property Manager Harold Hoyle as ADA (Americans with Disabilities Act) Coordinator. On a motion by Commissioner Crowe, seconded by Commissioner Brown, with all 2

3 RESOLVED, that Property Manager Harold Hoyle is appointed as the County s ADA Coordinator. COUNTY ATTORNEY S REPORT: County Attorney James Hill reported the deed has been received for the Pinedale Shores property that donated to the County by Wells Fargo Bank. The resolution already passed by Commission sets out the process by which the property will be sold. The property will go up for auction at a public sale on Oct. 20, 2015 at 10 a.m. at the property located at 4 20 Shore Drive, Ashville. Attorney Hill recommended the County Commission accept the deed to the property and approve start of the sale process. On a motion by Commissioner Brown, seconded by Commissioner Roberts, with all RESOLVED, that the deed to property located at 420 Shore Drive, Ashville be accepted, and the process to sale the property at public auction on Oct. 22, 2015 at 10 a.m. be approved. Commissioner Crowe spoke to Attorney Hill and Commissioners regarding the railroad intersection at Trail s End (Leeds). He requested a letter be sent to the railroad company (Norfolk Southern) stating the Commission s concerns over the situation at the railroad crossing. Chairman Manning agreed with Commissioner Crowe a letter should be sent stating the Commission s position. Attorney Hill said he would send the letter and also copy the Federal Government on the letter. He added local governments have no control over the railroad. Railroad companies are strictly governed by federal regulations. Attorney Hill will draft a letter to Norfolk Southern on behalf of the County Commission. OLD BUSINESS: The only item of Old Business to discuss the application of BJ Oil, LLC for 011-Lounge Retail Liquor Class II (Package) license for Hill Top Package Store located at 67 Margaretts Circle, Cropwell that tabled from the Sept. 22, 2015 meeting. County Attorney James Hill advised there no concern expressed to the Commission over the two-week period it tabled. Therefore, he could see no reason the application should not be approved. On a motion by Commissioner Bowers, seconded by Commissioner Brown, with all voting aye, except Commissioner Roberts who abstained, it RESOLVED, that the application of BJ Oil, LLC for 011-Lounge Retail Liquor Class II (Package) license for Hill Top Package Store located at 67 Margaretts Circle, Cropwell be approved. NEW BUSINESS: The first item of New Business to discuss Resolution to enter into third-party public transportation contracts with ARC and M4A for FY16. On a motion by Commissioner Roberts, seconded by Commissioner Crowe, with all RESOLVED, that Resolution to enter into third-party public transportation contracts with ARC and M4A for FY16 is approved. (Resolution to be made a part of these minutes as Attachment #4 and 4a) 3

4 The next item to discuss approval of the FY15 budget amendments. On a motion by Commissioner Brown, seconded by Commissioner Crowe, with all RESOLVED, that the FY15 budget amendments be approved as submitted. (Budget amendments to be made a part of these minutes as Attachment #5) The next item to discuss Resolution further postponing implementation of Resolution Chairman Manning stated this resolution would postpone the collection of a local tobacco tax until Jan. 1, On a motion by Commissioner Roberts, seconded by Commissioner Brown, with all RESOLVED, that Resolution further postponing implementation of Resolution is approved. (Resolution to be made a part of these minutes as Attachment #6) The next item to discuss an agreement with Election S ystems and Software for Ballot o n Demand System in the amount of $27,805. The County is to be reimbursed through a HAVA (Help America Vote Act) grant. Election Systems and Software is a sole-source provider of this system. On a motion by Commissioner Crowe, seconded by Commissioner Bowers, with all voting aye, it RESOLVED, that an agreement with Election S ystems and Software for Ballot o n Demand System in the amount of $27,805 be approved. (Agreement to be made a part of these minutes as Attachment #7) The next item to discuss an agreement with CivicPlus for website design, deployment, and training in the amount of $13,859. On a motion by Commissioner Roberts, seconded by Commissioner Brown, with all RESOLVED, that an agreement with CivicPlus for website design, deployment, and training in the amount of $13,859 be approved. (Agreement to be made a part of these minutes as Attachment #8) The next item to discuss Resolution approving the County s updated Hazard Mitigation Plan. Administrator Graff noted each of the cities and other agencies must also approve the Hazard Mitigation Plan. On a motion by Commissioner Brown, seconded by Commissioner Bowers, with all voting aye, it RESOLVED, that Resolution approving the County s updated Hazard Mitigation Plan is approved. (Resolution to be made a part of these minutes as Attachment #9) The next item to discuss the Blue Cross/Blue Shield of Alabama health and dental renewal agreement effective Oct. 1, Administrator Graff stated despite extended negotiations with Blue Cross/Blue Shield the premium rate would not be reduced for fiscal year On a motion by Commissioner Crowe, seconded by Commissioner Roberts, with all 4

5 RESOLVED, that the Blue Cross/Blue Shield of Alabama health and dental renewal agreement effective Oct. 1, 2015 be approved. (Agreement to be made a part of these minutes as Attachment #10) This next item to discuss the grant agreement with the Department of Youth Services in the amount of $290,500 for the Day Program. On a motion by Commissioner Bowers, seconded by Commissioner Roberts, with all voting aye, it RESOLVED, that grant agreement with the Department of Youth Services in the amount of $290,500 is approved. (Agreement to be made a part of these minutes as Attachment #11) The next item to discuss re-appointment of David Jones, and Clyde Rice (Mr. Rice to represent public transportation) to the MPO (Metropolitan Planning Organization) Advisory Committee; and Cletus Beard, David Jone s and Clyde Rice to the MPO Policy Committee; and also to re-appoint Ren Wheeler to the St. Clair County Healthcare Authority. On a motion by Commissioner Crowe, seconded by Commissioner Bowers, with all RESOLVED, that David Jones and Clyde Rice (Mr. Rice to represent public transportation) be re-appointed to the MPO (Metropolitan Planning Organization) Advisory Committee; a nd Cletus Beard, David Jones and Clyde Rice is re-appointed to the MPO Policy Committee; and also that Ren Wheeler be re-appointed to the St. Clair County Healthcare Authority. The next item to open a public hearing to receive public comment regarding the petition to vacate a portion of Allen Road. On a motion by Commissioner Brown, seconded by Commissioner Bowers, with all RESOLVED, that a public hearing to receive public comment regarding the petition to vacate a portion of Allen Road be opened. Chairman Manning turned the public hearing over to Engineer Dahlke who stated the County had received a petition from the adjacent property owners requesting that a portion of Allen Road be vacated by the County. It been advertised as required and approved by both adjacent property owners. The road a through road until the river backed up several years ago and now serves no purpose for the County. The County has not maintained the road and the City of Pell City actually annexed the area but is not claiming the road. It stated it has become more of a nuisance to the property owners. Chairman Manning stated he has not received a call regarding the petition. He asked if there any member of the public who wished to make a comment about the petition to vacate the road. Mr. Ray Bodiford stated the road has been vacant and no work done on it so they are asking that it be closed off. There no other public comment. Chairman Manning asked that the public hearing be closed. On a motion by Commissioner Roberts, seconded by Commissioner Brown, with all voting aye, it RESOLVED, that the public hearing to receive public comment on the petition to vacate a portion of Allen Road by closed. Attorney Hill stated the City of Pell City has annexed property all around this area. He stated if the Commission chooses to vacate the road by resolution and authorize 5

6 the Chairman to deed whatever ownership the County may have in this property to the adjacent property owners pursuant to the statute. The County will do this through a Quit Claim deed. It does not assert that the County has any interest at all because if the City of Pell City asserts a claim to the property the County cannot release their claim to the property. We are only ta king action on behalf of the County. On a motion by Commissioner Bowers, seconded by Commissioner Brown, with all RESOLVED, that Resolution vacating a portion of Allen Road and deeding whatever interest the County may have in the road to t he adjacent property owners be approved. (Resolution to be made a part of these minutes as Attachment #12) The next item for discussion t o approve payment of the regular bills. On a motion by Commissioner Roberts, seconded by Commissioner Bowers, with all RESOLVED, that the regular bills be approved for payment wi th the exception of those questioned by the Commission before the close of business today. There being no further business, the meeting adjourned, subject to call, at approximately 9:45 a.m. on a motion by Commissioner Bowers, seconded by Commissioner Brown, with all voting aye. Paul Manning, Chairman Jeff Brown, Commissioner Ken Crowe, Commissioner Tommy Bowers, Commissioner Jimmy Roberts, Commissioner 6