Approved as presented to Council 4/4/17.

Transcription

1 Approved as presented to Council 4/4/17. MEETING MINUTES MARCH 21, 2017 The members of the City Council of the City of Phenix City, Alabama met in a regularly scheduled meeting at 6:00 p.m., Tuesday, March 21, 2017 in the Max Wilkes Fellowship Hall at Martin Idle Hour Park Community Center located at 3743 Moon Lake, Phenix City, Alabama. Upon roll call the following members were present: Councilmember Arthur L. Day, Jr., Councilmember Johnnie C. Robinson, Jr., Councilmember Steve Bailey, and Mayor Eddie N. Lowe. Councilmember Griff Gordy was not present. Also present were City Manager Wallace B. Hunter, City Attorney James P. Graham, and City Clerk Charlotte Goodrich. Upon a quorum being present, Mayor Lowe called the meeting to order. Reverend Jim Caldwell, Pastor of Central Baptist Church led the invocation. Councilmember Johnnie Robinson led the Pledge of Allegiance to the Flag of the United States. Mayor Lowe presented for approval the minutes of the March 6, 2017 work session meeting. Councilmember Day moved to approve the minutes, which motion was seconded by YEAS: Councilmembers Day, Robinson, Bailey and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented for approval the minutes of the March 7, 2017 council meeting. Councilmember Day moved to approve the minutes, which motion was seconded by YEAS: Councilmembers Day, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Councilmember Robinson. The motion thus passed. Mayor Lowe stated there was no unfinished business to address at this time. Mayor Lowe presented a resolution in reference to opposing SB31. RESOLUTION NO

2 Councilmember Day moved to approve the resolution, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to authorizing the Mayor and City Manager to make application to the Alabama Public Library Service for a FY 2018 Library Service and Technology Act Youth and Family Grant. RESOLUTION NO Councilmember Robinson moved to approve the resolution, which motion was seconded by YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to the satisfaction of a Special Assessment on property located at 800 Dillingham Street, owner being Dillingham Development, LLC, Attn Howard Jefferson. RESOLUTION NO Councilmember Day moved to approve the resolution, which motion was seconded by YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to rescinding Resolution No and releasing a Special Assessment on property located at th Court, owner being Arvella Daniels and Johnnie B. Redd and et al. RESOLUTION NO Councilmember Robinson moved to approve the resolution, which motion was seconded by Councilmember Day. Upon said motion being put to a vote, the following vote was recorded:

3 YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution and public notice in reference to setting a public hearing date and fixing demolition costs associated with property located at th Court, Phenix City, Alabama. RESOLUTION NO PUBLIC NOTICE Councilmember Day moved to approve the resolution and public notice, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to authorizing and directing the Mayor and City Manager to enter into an agreement with ALDOT for the Utility Program for Project No. STPPC-UR13 (605) for resurfacing and improvements on 5 th Street South from South Seale Road to Martin Luther King, Jr. Parkway. RESOLUTION NO Councilmember Bailey moved to approve the resolution, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to authorizing the Mayor and City Manager to enter into a contract with Thornton, Musso, & Bellemin, Inc. for the purchase of Sulferic Acid and Purate and equipment maintenance for the Water Treatment Plant. RESOLUTION NO Councilmember Day moved to approve the resolution, which motion was seconded by

4 YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented a resolution in reference to purchasing four 2017 Chevrolet Tahoes from Donohoo Chevrolet in the total amount of $126, RESOLUTION NO Councilmember Day moved to approve the resolution, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented for first reading an ordinance granting a Non-Exclusive Franchise to Zayo, LLC for the purpose of constructing and maintaining a fiber-optic transmission line within certain public rights-of-way inside the City of Phenix City. Councilmember Day moved to Dispense with the Reading of the Ordinance, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: None. The motion thus passed. Councilmember Day moved to place the ordinance on first reading, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Mayor Lowe presented an ordinance in reference to the issuance of $2,800, taxable Series 2017A General Obligation Warrants under Section 772 of the Alabama State Code. ORDINANCE NO Councilmember Day moved to Dispense with the Reading of the Ordinance, which motion was seconded by Councilmember Bailey. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Councilmember Day moved to Suspend

5 the Rules, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: Councilmember Day moved to approve the Ordinance, which motion was seconded by Councilmember Bailey. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmembers Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: None. The motion thus passed. Mayor Lowe presented for first reading an application for an Off Premise Whiskey/Wine Retail Package Store License submitted by Jashvantbhai Vadilal Patel for Shiv Shakti Food, LLC d/b/a Shakti Package Store located at 3858 D US Highway West 80 West, Phenix City, Alabama. Councilmember Day moved to place the applications on first reading, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmember Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: None. The motion carried. City Attorney Jimmy Graham presented a claim filed by Mr. Billy Lee Wilson. City Attorney Graham stated that Mr. Billy Lee Wilson alleges that the City is responsible for damages resulting from an incident that occurred on Summerville Road near St. Andrews Subdivision to his 2000 Black Mercedes S 500 due to a utility cut. City Attorney Graham stated that The Villas at St. Andrews Subdivision is under construction and the contractor was notified many times that the pavement cut was in poor condition and he is responsible for maintaining it. City Attorney Graham further stated that the contractor on record is Argo & Sons, LLC and was told if any claims are filed against the City, they would be responsible for them. City Attorney Graham stated that this portion of the road is not maintained by the City. City Attorney Graham recommended to deny the claim. Councilmember Day moved to take the city attorney s recommendation to deny the claim, which motion was seconded by Councilmember Bailey. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmember Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: None. The motion carried.

6 City Attorney Jimmy Graham presented a claim filed by Ms. Traci Johnson. City Attorney Graham stated that Ms. Johnson alleges that the City is responsible for damages to the right rear control arm, rear alignment and tire of the claimants 2012 White Infiniti Passenger Truck resulting from an incident that occurred at the intersection of 7 th Avenue and 13 th Street on January 13, City Attorney Graham further stated that the claimant reported that she was making a right turn from 7 th Avenue onto 13 th Street (eastbound) when her right rear tire struck the storm sewer curb inlet. City Attorney Graham stated the Engineering /Public Works Department did investigate the area and determined a storm sewer curb inlet is located at this intersection. However, the inlet is located in the gutter line and not in the travel lane and the gutter line is not meant to be used for normal vehicular traffic. City Attorney Graham recommended to deny the claim. Councilmember Day moved to take the city attorney s recommendation to deny the claim, which motion was seconded by Councilmember Robinson. Upon said motion being put to a vote, the following vote was recorded: YEAS: Councilmember Day, Robinson, Bailey, and Mayor Lowe. NAYS: None. ABSTAINS: None. The motion carried. City Manager Wallace Hunter thanked the Department Heads for their hard work and dedication. Mayor Lowe thanked the Department Heads and CTV Beam Television for their filming of the meeting. Councilmember Bailey thanked his mother, son and nephew for being present. Councilmember Robinson thanked his wife Angela for being present. There being no further business to come before council, the meeting adjourned until April 4, 2017 at 9:00 a.m.