MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
HELD THURSDAY, APRIL 28, 2005
The Honorable Council of the City of Huntsville, Alabama,
met in regular session on Thursday, April 28, 2005, at 6 p.m., in
the Council Chambers of the Municipal Building, there being
present:
President: Showers
Councilpersons: Moon, Kling, Russell, Watson
Absent: None
Mayor: Spencer
Administrative Assistant: Hatfield
City Attorney: Joffrion
City Clerk-Treasurer: Hagood
President Showers called the meeting to order. Elder Jesse
L. Draper of the Right Way Church of God led the invocation;
Councilman Kling led the pledge of allegiance.
The minutes of the regular meeting of the Council held
April 14, 2005, were approved as submitted.
Councilman Russell read and introduced a resolution in
recognition of the Triple M Conference and 2005 Gospel
Trailblazer award recipients, the Gospel Imperials, Eddie
"Spanky" Alford, and Mary Curry, to be held at the True Light
Church, April 30, 2005, at 7 p.m., as follows:
(RESOLUTION NO. 05-296)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by President Showers,
and was unanimously adopted.
President Showers stated he would present the resolution at
the event to be held on April 30th.
President Showers read and introduced a resolution in
recognition of the First CommuniVersity Fest to kick off
Founders Week in observance of the 130th anniversary of Alabama
Agricultural and Mechanical University, as follows:
(RESOLUTION NO. 05-297)
President Showers moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Kling,
and was unanimously adopted.
President Showers stated the resolution would be presented
at a later date.
Councilman Russell stated there had been a request to take
item 15.d. on the agenda out of order at this time.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into an agreement with the
National Speleological Society, Inc., as follows:
(RESOLUTION NO. 05-298)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilwoman Moon,
and was unanimously adopted.
President Showers stated the next item on the agenda was
Public Hearings to be Held.
President Showers stated it was the time and place in the
meeting for a public hearing concerning 113 Maple Avenue, NW, as
a public nuisance, which was set at the April 14, 2005, regular
Council meeting.
Mr. Jerry Galloway of Community Development stated the
Council had, following sworn testimony, declared the above
property a public nuisance. He stated the items that were
enumerated as being on the property previously were still on the
property at this time, being a cooler, a couch, scrap wood,
carpet, paint cans, tree limbs, furniture, paper, and other
debris, located on the rear porch and in the rear yard. He
stated the property owner was deceased, that no will had been
probated, and his department had been unable to locate any heirs
to the property. He recommended that the Council after this
public hearing adopt a resolution that would allow Community
Development to clean the property.
President Showers inquired as to whether there was anyone in
the audience who wished to speak concerning this matter.
Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
Council, stating his main concern about this issue was that he
had been privy to the fact that the Council and some of its
entities had not been judicious in ensuring that public notice
had been given to those persons who had an interest in business
with the City. He stated that to that end he wanted to know to
what level the City had gone to ensure the subject resolution had
been made known to the citizens of the city. He asked that the
City take corrective action to ensure that noted type of
publicity would be done in the future. He stated that for this
reason he would ask the Council to vote against the resolution on
the floor.
President Showers inquired of Mr. Galloway if citizens who
were addressed in notices such as what was being discussed at
this time were properly notified.
Mr. Galloway stated that in accordance with State law and in
accordance with the resolution that had been passed at the last
Council meeting concerning this matter, his department had
notified the owner of record, in writing, that the hearing would
be held at this time, and that, also, the property had been
posted conspicuously at two sites at the front of the property
that the property had been declared a public nuisance and there
would be a public hearing and the owners of record or owners who
had an interest in the property, if they cared to place
objections to the removal of the public nuisance, could attend
the meeting at this time. He stated the signage contained the
information about the meeting at this time, including the time
and location.
Councilman Russell moved for approval of a resolution to
abate a public nuisance at 113 Maple Avenue, NW., as follows:
(RESOLUTION NO. 05-299)
Said motion was duly seconded by Councilman Watson, and was
unanimously adopted.
President Showers stated the next public hearing on the
agenda would require sworn testimony.
(Whereupon, Mr. Jerry Galloway was duly sworn by the
Reporter.)
President Showers stated it was the time and place in the
meeting for a public hearing on a resolution to declare
3119 Johnson Road, SW, a public nuisance and to set the date for
a public hearing on May 12, 2005.
Mr. Galloway stated, concerning the property located at
3119 Johnson, SW, that Community Development had given the owner
of record a notice giving them 30 days to remove certain items
and they had failed to do so. He stated the notice had been
issued on March 9th and the owner had had until April 9th to
remove the items. He stated the notice identified 10 separate
vehicles that were not in operating order, as well as other junk
and litter. He enumerated the vehicles located on the property,
with brief descriptions of same. He also described other junk
and litter located on the property.
Mr. Galloway requested that the Council, based upon his
testimony, declare the subject property a public nuisance, in
accordance with State law, and set the hearing for May 12, 2005.
President Showers inquired as to whether there was anyone in
the audience who wished to speak concerning this matter.
Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
Council, stating he felt the testimony of Mr. Galloway had been
vague, at best. He asked the Council to explain how Mr. Galloway
had determined these vehicles were inoperative.
Councilman Kling stated that several months prior, residents
of the Chelsea neighborhood had contacted him to express their
concern about the impact the subject property was having on their
neighborhood and he had relayed this concern to Mr. Galloway to
follow the procedures normally followed. He stated he himself,
having made a site inspection at the property, would concur with
the residents.
Mr. Timberlake stated he felt that under the City's system
of government they were ruled by the majority but noted they had
to respect the rights of the minority. He asked Mr. Galloway to
explain how he ascertained that the vehicles were inoperable.
Mr. Galloway stated he felt his testimony had indicated what
was wrong with the property, including the vehicles, et cetera.
He stated the resolution had an Exhibit B, which contained
colored photographs of the subject automobiles. He stated he
felt one could look at these and determine they were not in
street-operable condition.
President Showers informed Mr. Timberlake he could have a
copy of the documented detail concerning the vehicles which were
inoperable.
Councilman Watson read and introduced a resolution to
declare 3119 Johnson Road, SW, a public nuisance and to set the
date for a public hearing on May 12, 2005, as follows:
(RESOLUTION NO. 05-300)
Councilman Watson moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Kling,
and was unanimously adopted.
President Showers stated the next item on the agenda was
Communications from the Public.
President Showers introduced Dr. Delbert Baker, stating he
was president of Oakwood College, and stating the city was
certainly proud of Oakwood and congratulating Dr. Baker for the
outstanding job he was doing at this institution.
President Showers asked that item 13.b on the agenda be
taken out of order at this time. He stated that this ordinance
would, among other things, change the date of City Council
meetings during the week of the UNCF banquet, noting that this
would be done on a permanent basis so it would not have to be
done on an annual basis.
Councilman Kling moved for approval of Ordinance No. 05-251,
amending Section 2-65, Time of Meetings, of the Code of
Ordinances of the City of Huntsville, which was introduced at the
April 14, 2005, regular Council meeting, as follows:
(ORDINANCE NO. 02-251)
Said motion was duly seconded by Councilman Watson, and was
unanimously adopted.
Councilman Watson asked that item 13.e on the agenda be
taken out of order at this time.
Councilman Watson moved for approval of Ordinance
No. 05-256, to amend Ordinance No. 89-79, Classification and
Salary Plan Ordinance, to modify the salary classifications
and/or title of certain positions within the Police Department,
which was introduced at the April 14, 2005, regular Council
meeting, as follows:
(ORDINANCE NO. 05-256)
Said motion was duly seconded by Councilman Russell.
Chief Rex Reynolds appeared before the Council, stating that
when he had come into office, he had hired 39 officers but that
he now found the department 16 officers short, noting he had had
four letters of retirement and four persons leaving to go to
private industry. He noted they had an additional 76 officers
eligible for retirement in the next 12 months. He stated that
this was of grave concern to him.
Chief Reynolds stated the proposed pay reclassification,
supported by job audits from Human Resources, would be a positive
move toward retaining the department's current workforce and
would be vital to his recruitment efforts in the future. He
stated the law enforcement profession, like many others, had
become a competitive workforce. He stated the number of
certifications and additional training that officers were
mandated to have on an annual basis continued to increase and
that they continued to ask more and more of the officers.
Chief Reynolds urged the Council to support the above
resolution, stating that if they did so the City would once again
stay ahead of the curve. He stated that the reclassification
would move the department from 9th in the state to 4th and from
16th in the region to 8th. He stated it was truly a critical
issue, noting that as police administrator he had to be able to
compete with other departments throughout the region.
Councilman Kling stated he was certainly in support of the
ordinance at this time and stated that since they were doing
this, he would like for them to also take a look at the other
public safety employees they had in the Fire Department. He
stated the Council members had received a memorandum with a
request for such reclassifications and asked that this memorandum
be referred to Human Resources and job audits be performed.
Councilman Kling stated it was his understanding that if the
ordinance were passed at this time, it would not take effect
until the beginning of the new fiscal year. He inquired of Chief
Reynolds if this were correct.
Chief Reynolds replied in the affirmative, stating it would
go into effect at the first pay period in October.
President Showers stated he appreciated the fact that
Chief Reynolds had come forward with a document supporting the
Police Department and also agreeing to wait until a date in
October for it to be made official. He stated he certainly was
aware there were other departments that had hardworking employees
who had made great contributions to the City, noting the Council
was committed to all 2000-plus employees of the City. He stated,
however, they did have some concerns with their budget and that
he hoped employees were willing to be patient concerning this
matter. He stated the Council would certainly receive any
comments any others might have about their particular department
and that these would all be addressed.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
President Showers stated the next item on the agenda was
Communications from the Public.
Ms. Lea Sylvester, 1200 Kennamer Drive, appeared before the
Council, stating that the EPA had classified second-hand smoke as
a Group A carcinogen, noting this was a designation which meant
there was sufficient evidence that second-hand smoke caused
humans cancer. She stated the "Group A" designation had been
used by the EPA for only 15 other pollutants, including asbestos,
radon, and benzene. She stated that only second-hand smoke had
actually been shown in studies to cause cancer at typical
environmental levels. She noted that this was very, very
important. She stated that smoke-filled rooms could have up to
six times the pollution of a six-lane highway.
Ms. Sylvester stated that OSHA studies had shown that
spatial separation of smokers from non-smokers was not effective,
due to limitations of typical ventilation systems. She stated
that the number of burning cigarettes per 100 cubic meters
multiplied by three would give the estimated density of smokers.
She stated that one burning cigarette per 100 cubic meters was
equivalent to three smokers per 100 cubic meters. She stated the
data indicated there was no clean air under these circumstances.
Ms. Sylvester stated the data was clear and the information
was in on this issue and it was clear this was a public health
issue and a workplace safety issue. She stated that nothing was
more important than public health.
Ms. Sylvester asked the Council to put public health first
and vote in favor of the smoking ban.
Mr. Bobby Grubbs, 10024 Willow Park Drive, appeared before
the Council, stating he was not attending this meeting to tell
everyone they should smoke, but, rather, to tell everyone they
should not smoke. He stated that smoking was bad for persons.
He noted there were studies to show that several things were bad
for people, including smoking. He stated he felt there should
not be smoking in public places. He stated, however, that
restaurants that were individually financed were private
business. He stated that any place the public had to go to
smoking should not be forced on them. He stated that he was for
that 100 percent but he was not for taking individually owned
businesses that were not supported by the City but in fact
supported the City and enforcing the City's will on them and
telling them they could not allow smoking. He stated that these
persons should have a choice if they would offer smoking or not
offer smoking. He stated that other cities in the state had
already tried this and had proven that when given a choice,
approximately 80 percent of restaurants went to non-smoking. He
noted this still left 20 percent for the smokers to go to, while
the non-smokers did not have to go to them. He stated, further,
that if someone didn't smoke, they could find a job in a
restaurant that offered non-smoking.
Mr. Grubbs stated he was not asking the Council to force
anything on anybody, that he was just asking that they give
independent businesses a right. He stated this would be more
than just saying private clubs could do it or lounges could do
it, noting that lounge licenses were not allowed in many areas of
the city, that only restaurant licenses were allowed. He stated
there were restaurants that were sports bars. He stated the
people should be given a choice in this matter, noting that if
they were doing something wrong, the public would retire them.
He stated City government did not have to legislate how these
businesses operated. He noted they were already paying high
taxes, that they paid 20 percent on every drink sold across the
counter, noting that 12 percent of this went to the Von Braun
Center. He stated these businesses supported the City and the
Council should not tell them how to run their business, that they
should be given a choice.
Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
Council, stating he would like to read a letter he had written to
the Council, dated April 26, 2005. He read from a letter making
a complaint concerning a meeting of the Huntsville Hospital
Authority Board where he stated he was advised that it was open
to the public and yet the Board members and its chairman had
refused to allow him public input. He stated he had requested
that the Board address his letter and also put him on the agenda
and that his request was summarily rejected. He stated he had
requested that the chairman of this authority address this
matter. He noted there was someone present from this Board at
the meeting but that he did not know if the Council was willing
to submit this person.
Mr. Timberlake stated he had received a letter from the
Board and he read this letter to the Council, stating that the
hospital would make available to Mr. Timberlake the public
documents he had requested. He stated this had not happened. He
stated the letter stated the hospital could not release documents
that were proprietary. He stated that the letter said minutes of
the Board would be made available to him. He stated they had
said they would copy any of these minutes for him and noted this
had not been done. He stated the letter stated the Occupational
Health Group was not operated by the hospital and the hospital
did not have access to these records.
Mr. Timberlake stated he had attempted to find out what the
actual situation was with the Occupational Health Group and
stated that since this group was not a member of the Huntsville
Hospital Authority, they were deprived, and stated this would be
a great time to get some money for them.
Ms. Julie Lehoczky, 10131 Brandywine Drive, appeared before
the Council, speaking in opposition to any further restrictions
on smoking in city restaurants. She stated that previous
restrictions had effectively partitioned smokers and non-smokers
and, further, that in many restaurants in the city, no smoking
whatsoever was now allowed by the owners or operators. She
stated she firmly believed if someone were made the manager of
something, they would find something about it to manage. She
stated she was positive that further restrictions were motivated
by the rising tide of political correctness. She stated that
many times in a restaurant a diner who was wearing heavy perfume
or shaving lotion had been seated near her, thus ruining her
meal. She stated that she also had some rights about what she
breathed. She stated that perhaps what was needed was some
restrictions on farmers who were spraying tons of pesticides,
herbicides, and various other poisons wholesale in the area of
Huntsville. She stated that perhaps there should also be some
car exhaust standards for trucks and cars in the city.
Ms. Lehoczky asked that the Council let smokers have a
corner of a restaurant to peacefully have a cup of coffee and a
smoke and turn their attention to something a little more
important that had not already been solved by previous
declarations from the Council. She stated that she knew smoking
was not good for you but stated she had personally been smoking
for over 40 years, so that she found it a little far-fetched to
think that exposure to an hour of second-hand smoke at a
restaurant would seriously damage someone's health. She asked
the Council to find something else to micromanage.
Mr. Greg Barth, 163 Wedgewood Terrace, appeared before the
Council, stating that the leading cause of accidental death in
the United States was automobile accidents, noting that
approximately 42,800 people had died the prior year in automobile
accidents. He stated that deaths from cigarette smoking did not
make that list of leading causes of accidental death because it
was a choice, not an accident. He stated that every year 342,000
Americans died from lung disease. He stated that more than
35 million Americans were now living with chronic lung disease,
noting that 80 percent of them could no longer work and had no
insurance and that care for them was paid for by U.S. taxpayers.
He stated that second-hand smoke had been classified by the EPA
as a known cause of cancer in humans, that it was a Group A
carcinogen. He stated that second-hand smoke caused 3,000 lung
cancer deaths and 35,000 heart disease deaths in adult
non-smokers in the United States each year. He stated that a
recent study had found that non-smokers exposed to second-hand
smoke were 25 percent more likely to have coronary heart disease
compared to non-smokers not exposed to second-hand smoke. He
stated that second-hand smoke was especially harmful to children,
that it was responsible for between 150,000 and 300,000
respiratory tract infections in infants and children, resulting
in between 7,500 and 15,000 hospitalizations each year, and that
it caused between 1900 and 2700 sudden infant death syndrome
cases annually. He stated that second-hand smoke also caused the
build up of fluid in the middle ear, resulting in 700,000 to
1.6 million physician visits each year. He stated it also
aggravated asthma.
Mr. Barth stated that new research had shown that secret
research conducted by Philip Morris in the 1980's showed that
second-hand smoke was highly toxic, yet the company suppressed
these findings for two decades.
Mr. Barth stated that what was being spoken about at this
time was inconvenience. He stated it would be about a
five-minute inconvenience for a smoker to step outside and
satisfy his habit but it was a health issue for non-smokers.
Mr. Barth stated that he played in a pool league which
rotated through various bars and establishments and noted that
they had no choice about whether they played in a smoking or a
non-smoking environment. He stated that if it was a smoking
environment and they did not want to go in there, they forfeited,
that they had no choice.
Mr. Barth stated that California businesses had actually
noticed an increase in business of approximately 10 percent after
their ban because the non-smokers who had chosen to not endure
second-hand smoke were able to return. He stated that Birmingham
had passed and was now waiting for signature on a ban very
similar to what was before the Council at this time. He stated,
also, there was a bill in the Alabama State Senate that would
adopt bans on smoking in restaurants and all contiguous bars. He
stated that Dr. Fred Byrd, Chairman of the Emergency Response
Commission of the Healthcare Crisis in Alabama, appointed by the
Legislature and the Governor, had recommended this at the State
level, as well, and noted that he was present to recommend this
to the Council.
Mr. Barth asked that the Council pass the band on smoking.
Ms. Irene Wisner, 2502 Scenic Drive, appeared before the
Council, stating that she wished to address the matter of the new
tennis facility. She read from a letter to the Mayor and the
Council, stating that the tennis community commended them for
having built a new state-of-the-art tennis facility of which the
tennis community and the City could be proud. She continued
reading from the letter stating that it was now time to make sure
that the facility was successful. She stated that this could not
be done by alienating the very volunteers who had given their
time to increase interest in tennis in spite of poor court
conditions at the old facility and had pushed for the building of
the new facility and had applied for and received USTA Alabama
State Championships for 2006, 2007, and had raised money to
supply some extras for the new facility. She stated that the
Board of Control of the new tennis facility, composed of
volunteers, had been created the prior October to do what no
other public facility in the state has been able to do, which was
to run the new center at little or no cost to the City. She
stated that this Board had worked hard and had spent many
volunteer hours. She stated they had been asked by the City to
make all the hard decisions and stated it was now time for the
City to step up and help the Board revise their decision on rates
for the new facility by assuring them the City would keep funding
at the same level as it had been at the old facility for at least
one year at the new facility. She stated that by doing this the
City and the Board of Control would have the time to develop a
more accurate budget for the future. She stated that if the
rates were reduced to $5, which was double the present fee, for a
two-hour court time per person, she believed this would increase
court usage, increase volunteerism, and also restore the good
will to the tennis community.
Mr. John Boyer, 104 Clearbrook Court, appeared before the
Council, stating he was president of the Huntsville Area Tennis
Association and also ran the web site, huntsvilletennis.com,
which he stated was kind of a meeting ground for tennis players.
He stated that the tennis community was very thankful for the
incredible new tennis center.
Mr. Boyer stated that the new rates for the tennis center
were causing a great deal of consternation and concern, noting
this would be a 300 percent increase and would result in the
highest rates in the state. He stated that it was close to the
amount that would be paid for indoor courts at the Huntsville
Athletic Club. He stated he felt this would result in less
revenue for the Tennis Center.
Mr. Boyer stated that if one read the comments on the tennis
web site concerning this, one would think the persons in the
tennis community were just a bunch of tightwads but noted that
nothing could be further from the truth. He stated that his
organization, which had only been in existence for one year, had
raised more than $20,000 for the new tennis center when they had
learned there was not enough money for furniture. He stated that
was so unusual that they had received two rewards, from the
United States Tennis Association and the Alabama Tennis
Association. He stated that the Huntsville Women's Tennis
Association had been doing charity work and supporting tennis in
the community for more than 30 years. He stated that there was
also a Huntsville Industrial Tennis League which by its very
nature had representatives in all sorts of businesses and
companies around the city. He stated that all these persons had
been eager and excited about the new tennis center and then they
had been hit with the new rate.
Mr. Barth stated the Board of Control had done a fantastic
job but they had been given a very tough job to do, in fact, an
impossible job. He stated that what had resulted was they now
had sour grapes where they should have excitement. He stated the
Board of Control had missed an opportunity to create an ownership
environment for the tennis players of the city. He stated that
while they were wanting more tennis playing, there was now talk
of a boycott, noting that persons were really that upset.
Mr. Barth asked the Council to look at the situation and
re-evaluate it so an ownership environment could be provided. He
stated the local tennis associations in the city would do
everything they could to make this happen but they needed some
help. He asked the Council to reconsider the rates.
Councilman Watson stated he had sent an e-mail concerning
this matter to Mr. Boyer earlier in the day and proceeded to read
from it. He stated the Council was faced with a City budget that
really could not afford what was in place at this time. He
stated that if a downturn in sales tax revenue did occur, they
would have to cut the budget, which he noted could include laying
off City employees. He stated that the tennis center would not
be an issue, nor the Art Museum, Early Works, the Natatorium,
et cetera. He stated he was just a messenger and it would be
easier for him to keep quiet and wait for the bills to come due.
He stated that the Council was aware the City budget could not
carry the tennis center or the City pools much longer. He stated
that the Board had a CPA and she understood this. He stated the
City's commitment was for four or five years and they would
fulfill this commitment and then they would have to hope that the
tennis center would do as much as possible to become
self-sufficient, as the ice complex had done. He stated the
golfers had done the same thing, and that, in fact, they had sued
the City, which lawsuit they had lost. He stated that at this
time the golf course was doing well, after being privatized.
Councilman Watson stated that nothing would be greater than
for the City to be able to fund every activity and to make things
almost free but noted this was not reality. He stated the
reality was they funded the police, the fire department, trash
pickup, and sewer, noting that these were high priorities. He
stated that they had been put in their positions to make sure
these things were taken care of. He stated that the public had
to have these services but they did not have to have a tennis
center or a Natatorium. He stated they certainly wanted these
things but the reality was they did not have the money. He
stated they had put $4 million into the tennis center and now the
tennis community was wanting them to do more. He stated that
persons who did not play tennis were questioning how much was
going to be put into the tennis community by the City. He stated
that persons should be reasonable and understand that the City
could not do what they were asking them to do, noting that the
City was asking the tennis community to support the new tennis
center so it could remain open. He stated he certainly wished
them the best and hoped they would support the tennis complex.
He stated that for the next three or four years the City would do
the best they could to assure they had a good starting point.
Ms. Stephanie Sylvester, 1200 Kennamer Drive, appeared
before the Council, stating she was a senior at Huntsville High
School and also a SADD officer. She spoke in favor of smoking
being banned at restaurants and establishments. She stated that
business owners felt their rights would be violated if this law
was put into effect but noted that the government already
required that business owners had privilege licenses and tax
returns, inspections by the Inspection Department, the Fire
Department, and the Finance Department. She stated there were
also alcoholic beverage licenses for businesses selling alcohol
and food permits from the Health Department in order to sell
food. She stated there were also insurance requirements and
noted that the Americans with Disabilities Act required
wheelchair accessibility, as well as a certain number of parking
spaces for disabled persons. She stated the government even told
a business owner how much of their parking lot had to be
landscaped and planted with grass and trees.
Ms. Sylvester stated the Council should pass the ordinance
on the floor for the well-being of the non-smokers in the city.
She stated the Council should take into account that every time a
person sat in a non-smoking section, it was equivalent to smoking
one and a half cigarettes. She stated numerous studies had
revealed that restaurants in cities with smoke-free laws had
suffered no negative financial impact as a result of these laws,
that, in fact, they had a higher market value, fewer employee
illnesses, and reduced maintenance and cleaning costs. She
stated the government was protecting the public by requiring
businesses to have the various inspections and licenses and that
it should also protect the public by prohibiting smoking in
public places. She asked the Council to approve the ordinance
and guarantee the public had clean air to breathe.
Mr. Mark Young, 204 Walker Avenue, appeared before the
Council, stating that he would presume Councilman Russell was
supporting the subject ordinance to help the people, to look
after the health of the people, and was not really as concerned
about the business owner, since it was about the people's health.
He stated that when the City looked at issues dealing with public
health, they recognized this was a decision city government had
to make, that they did not leave it to the business owner to
decide that their food was clean, that it did not need to be
inspected, or that the Fire Department did not need to look at a
building. He stated that business owners were not allowed to opt
out. He stated there was no sign on the door of a restaurant
that said "I have chosen not to participate in the food
inspection program" or "I have chosen not to participate in
having the Fire Department look at this building." He asked the
Council to please recognize that this was not a decision for the
owner of a restaurant, that it was about the health of the
people, and it was a decision for the City Council of Huntsville.
Mr. Tom Guffey appeared before the Council, stating he was a
non-smoker and stating he believed the adult population in most
locations was approximately 70 to 75 percent non-smokers. He
stated he had been in the heating and air conditioning business
and stated that what he found was that in most all restaurants
that allowed smoking and non-smoking in the same building, they
did not design, install, or maintain the separation necessary in
air conditioning systems. He stated that aside from the health
issues that had been mentioned by several persons, it also stunk
very badly. He stated he was a businessman and traveled a lot
and that, unfortunately he had to be around smoking, although he
chose not to be. He stated that all he asked, as a person who
went to restaurants, was not to be exposed to the second-hand
smoke, the carcinogens, and the stench. He stated that most
businesses had proven time and time again they were unwilling to
separate the smokers and non-smokers. He stated if one visited
the local airport, which he frequented quite regularly, there was
a smoking area out in the gate area. He stated that this was not
handled any better than most of the restaurants in the city and
that he resented the fact he had to be exposed to it. He urged
the Council to ban smoking in all public areas in the city.
Ms. Debbie Davis, 2108 Robinwood Drive, appeared before the
Council, stating that, as the Council might be aware, there were
several persons present at the meeting who had been working on
the smoking ordinance for the prior two to three years. She
stated there was probably not a lot of information she or anyone
else present at this time could give the Council they had not
already heard. She stated they had discussed health issues,
economics, and citizens' rights, that they had covered all of
this. She stated she was sure they would hear some more of this
later in the meeting and noted it was all good information. She
stated, however, that she felt there were two groups of people
that had not been very well represented, one of these groups
being some of the veterans. She stated she was aware that
veterans had previously spoken before the Council and had said
they fought in the different wars in order to preserve the rights
of Americans. She stated there were several veterans she had
spoken with who had stated they resented being lumped into a
category of people saying the right to smoke should be given this
designation. She stated that she had the following quote from a
veteran: "It is more important to have clean air for everyone
than to say 'We fought for your right to smoke wherever you
want.' The fact that we fought to defend America has absolutely
nothing to do with smokers' rights to harm other people."
She stated that the second group she wanted to refer to
would be the waiters, waitresses, bartenders, and sometimes
restaurant and bar owners and management. She stated that
several people had said to her in the last few weeks that they
would not be coming to the Council meeting nor writing a letter
or making a phone call because they felt they might suffer
repercussions where they worked because they knew their bosses
were not in favor of the ordinance. She stated they had said
they did not want to work in a place where they had to breathe
cigarette smoke but that they had been working at their place of
employment for so long that it would not be easy to walk out the
door and assume they could find another job making the money they
were making at this time.
Ms. Davis stated her husband had often said fear and money
were two of the most noted motivators there were and stated she
felt it was a shame they were going to defer to fear and not
facts when making a decision about this very important issue.
Ms. Donna Hays, 619 Meridian Street, appeared before the
Council, stating life was about choices and that she owned a bar
and a restaurant. She stated the bar was smoking and the
restaurant was non-smoking. She stated she had two heating and
cooling systems in two complete buildings. She stated she did
everything she could to make it what everybody wanted it to be.
She stated she did not smoke and that she had asthma and she
understood everything that could be said about second-hand smoke,
and she did not disagree with it. She stated, however, that she
felt small businesses like hers depended a lot of the smokers and
the drinkers. She stated she just felt everyone should be given
a choice. She stated the businesses that had bars and
restaurants should declare, and she stated that if someone did
not want to come in her restaurant, that was fine, noting that
there were many other restaurants that had smoke-free
environments. She stated that if she chose to make that
decision, she felt she had that right and should have that right.
Ms. Joy Rhodes Watkins of the Alabama Department of Public
Health appeared before the Council, stating that the health
effects of second-hand smoke exposure had been reviewed
extensively in scientific literature. She stated there were more
than 3,000 scientific articles on the health effects of
second-hand smoke and stated that included in these were numerous
studies showing that second-hand smoke levels in bars and
restaurants put both employees and customers at risk. She stated
that the levels of second-hand smoke in restaurants were
approximately 1 1/2 to 2 times higher than in office workplaces.
She stated that levels in bars were 4 to 6 times higher than in
offices. She stated that working just one shift in a smokey bar
was equivalent to actively smoking nearly a pack of cigarettes
per day. She stated that waitresses died from higher rates of
lung and heart disease than any other female occupational group,
according to a study published by the Journal of the American
Medical Association. She stated that they had 4 times the
expected lung cancer mortality and 2 1/2 times the expected heart
disease mortality rate. She stated that bar workers
involuntarily inhaled ammonia, arsenic, carbon monoxide,
formaldehyde, and cyanide, which she stated were all ingredients
of second-hand smoke.
Ms. Watkins stated that in the largest study ever conducted
on this issue, Harvard Medical School had found that high
exposure to second-hand smoke nearly doubled a woman's risk of
having a heart attack. She stated that if one were in a smokey
bar for only two hours, it was the same as smoking four
cigarettes. She stated that researchers had found that
restaurant workers had a 50 percent greater risk of developing
lung cancer compared to other occupations. She stated that bar
employees' exposure to second-hand smoke was 4 to 6 times higher
than other food or beverage service workers.
Ms. Watkins stated that adding to the already extensive
evidence that smoke-free workplace laws did not hurt businesses,
was a new study released April 4, 2005, by the Harvard School of
Public Health, which had found that in Massachusetts their
comprehensive smoke-free law did not affect sales or employment
in the state's restaurants, bars, and nightclubs, after taking
effect on July 5, 2004.
Ms. Watkins stated that persons exposed to second-hand smoke
in bars got no exemption from disease, that they were not cheaper
to treat for cancer, heart attacks, or all the other illnesses
caused by inhaling the toxins and carcinogens emitted by a
burning cigarette.
Ms. Watkins stated that the US EPA classified second-hand
smoke as a Group A Carcinogen, a substance known to cause cancer
in humans. She stated this was not just thought to cause cancer
or maybe cause cancer but was known to cause cancer. She stated
there was no safe level of exposure for Group A toxins.
Mr. Maurice Bedsole, 700 Weatherly Road, appeared before the
Council, stating he had owned the End Zone Restaurant and Lounge
for 14 years. He stated he was opposed to a total smoking ban,
stating it would put some independent, locally owned restaurants
and lounges out of business and put the owners and employees out
of a job. He stated he knew a lot of persons who lived in the
Hazel Green area and that they had told him they lived just as
close to Fayetteville, Tennessee, as they did Huntsville and they
did not have to come into Huntsville to spend their money. He
stated that several persons who lived in Huntsville had told him
they would go to Madison and other surrounding areas where they
could smoke. He questioned whether Huntsville really wanted to
lose this business.
Mr. Bedsole stated he had a solution he felt would make
everybody happy. He stated this was the same ordinance that was
in Prattville, Montgomery, Clanton, and Athens. He stated that
under this ordinance every business owner would state they were
either an all smoking or an all non-smoking establishment. He
stated this would provide plenty of places for persons who were
non-smokers and who were worried about health risks of
second-hand smoke to go. He stated he felt this would be
approximately 80 percent of the businesses. He stated that then
the smokers would still have a place to go without having to
leave the city and spend their money somewhere else.
Mr. Bedsole stated that according to the California
licensing department, there were fewer full service bars and
restaurants in California five years after the ban than the day
of the ban. He noted there were more fast-food restaurants,
which he stated he understood were also health risks.
Mr. Bedsole stated that many speakers had spoken about how
much smoke there was in restaurants and bars and stated this in
itself would tell one there was a demand for these. He stated
that if there was a demand, it should be filled, and the demand
of the non-smokers should also be filled.
Mr. David Richardson, 3204 Howard Street, appeared before
the Council, stating he was the victim of a crime, being forgery
on his checking account by his former roommate and the roommate's
girlfriend. He stated he had complained and had gone to Chief
Reynolds, who had stated he was the only disgruntled citizen in
the city and his complaints were not legitimate. He stated that
he had asked to meet with Mayor Spencer because he had previously
spoken to her on the phone. He stated that Mayor Spencer's
assistant had told him to put his complaint in writing and had
stated that Mayor Spencer read all her mail. He stated that he
had done this and it was a trap by Mayor Spencer to have him
arrested by the Huntsville Police Department for harassment.
Mr. Joffrion stated that this type discussion was
inappropriate for a Council meeting. He stated if there were
issues related to a crime or issues that Mr. Richardson wanted to
present to a magistrate, that would be the appropriate forum.
Mr. Richardson stated he believed he had the right to speak.
President Showers stated to Mr. Richardson that the Council
had just been advised by their attorney that this line was not
appropriate in this setting.
Mr. Richardson stated he had been advised earlier in the day
that he could speak on any subject that concerned the City at the
Council meeting. He asked if President Showers was telling him
he was not allowed to speak.
President Showers stated he was not telling him he was not
allowed to speak, that he was telling him his line of speaking at
this time was inappropriate. He stated that if Mr. Richardson
intended to go further on that line, he would not be allowed to
address the Council.
Mr. Richardson stated he had gone to the warrant magistrate.
He stated that the Credit Union had his former roommate and the
roommate's girlfriend on tape cashing his checks and that he had
explained to the investigator that if he had wanted these persons
to have money, he would have written a check and signed it
himself. He stated they had forged his checks. He stated the
investigator was very hostile with him.
President Showers advised Mr. Richardson that the Council
could not allow Mr. Richardson to continue this inappropriate
line of discussion.
Mr. Richardson inquired as to how it was inappropriate.
President Showers stated that this matter needed to be
addressed in another forum, away from the Council.
Mr. Richardson stated he had been advised by President
Showers he could come before the Council and address this issue.
President Showers stated the Council had no problem with
Mr. Richardson addressing the Council but stated what he was
doing at this time was not inappropriate. He stated he did not
want to ask Security to escort Mr. Richardson out of the Chambers
but noted that if he continued with the line he was on, he would
ask that he be removed from the Council Chambers.
Mr. Richardson asked what line President Showers was
referring to.
(Whereupon, Mr. Richardson was escorted from the Council
Chambers.)
Ms. Rhonda Bedsole, 700 Weatherly Road, appeared before the
Council, stating there were many facts that people did not seen
to have right. She stated she had a list of 314 restaurants and
taverns, bars, and bingo places, and noted that 96 of them had
closed down. She stated that business owners should have the
right to choose whether they were smoking or non-smoking, stating
she did not feel this was too much to ask, and stating it was
supposed to be their right, being freedom, in the United States.
She stated that all they were asking for was the right to chose
whether they wanted to be a smoking establishment or a
non-smoking establishment. She stated that the people who were
offended did not have to walk in the door, that they could go to
a non-smoking establishment.
Ms. Paula Peterson appeared before the Council, stating she
was a school nurse in a local high school. She stated that
because of her position she had made quick friends with a
15-year-old boy whom she would call "Chris," for
confidentiality's sake. She stated Chris was a nice young man,
clean-cut, respectful, and very well-mannered. She stated that
he came to visit her several times a day every school day, noting
he dealt with several chronic health issues. She stated he lived
with his mother and stepfather and grandmother. She stated his
grandmother had been a lifelong smoker and that his mother and
stepfather were non-smokers. She stated that Chris had asthma,
which she stated was a chronic lung condition which many persons
did not grow out of, as was once believed. She stated that Chris
was very anxious when his asthma flared up and that he needed
daily medicine and medicine that would make him breathe easier
when his asthma was very active.
Ms. Peterson stated Chris's anxiety did not stem from his
asthma, that his anxiety came from the fact that his mother had
been diagnosed with lung cancer when he was 8 years old. She
stated that for approximately half of his life he had witnessed
the one person that he loved the most fight a very painful battle
against a deadly disease that was not caused because of any
decisions of her own choice. She stated that, sadly, second-hand
smoke from her own mother had caused her disease.
Ms. Peterson stated that the prior summer, she had attended
Chris's mother's funeral. She stated that this was the last time
she had seen Chris because he had had to move to another state to
live with distant relatives to finish high school.
Ms. Peterson stated she did share one thing with Chris other
than a friendship, stating that although she had not grown up
with asthma, she had developed a mild form of adult-onset asthma.
She stated that when she was around smokers, usually in a
restaurant setting, she found it difficult to take a deep,
satisfying breath. She stated she would like to share with the
Council members and the audience what it felt like for her to go
to a restaurant. She asked that each person take the straw that
they had been given and put it in their mouth and while holding
their nose try to breath through the straw. She stated that
persons who had breathing problems should not attempt this.
Ms. Peterson stated that, fortunately, she did not struggle
to breathe like her friend Chris but stated that she wondered if
her three boys would have to finish growing up without her
because of someone else's choice to harm themselves and those
around them.
Ms. Laurie Gravatt, 1104 Century Oak Drive, appeared before
the Council, expressing appreciation to the Council for allowing
persons to speak concerning this issue and also thanking them for
their leadership in passing the smoke-free ordinance. She stated
the Council members would be remembered and appreciated way
beyond their years of service for standing up and protecting the
community. She stated that everyone knew that smoking was
harmful but that, unfortunately, not all persons were aware that
second-hand smoke was just as harmful. She stated that previous
speakers had spoken about the EPA and the Group A carcinogen.
She stated that approximately 3,000 lung cancer deaths occurred
each year among adult non-smokers. She stated that second-hand
smoke was annoying. She stated that a previous speaker had
spoken about perfume being annoying and stated this was true,
that perfume was annoying, buy stated she did not believe anyone
had ever died of second-hand cologne. She stated this was
something to keep in mind.
Ms. Gravatt stated that the scientific research on the
health risks associated with second-hand smoke was clear and
convincing. She stated that the Journal of the National Cancer
Institute had found that lifelong non-smokers living with smokers
had a 24 percent higher chance of contracting lung cancer than
those living with non-smokers. She stated that a prime example
of this was her husband's aunt, who had supported her husband by
his deathbed for many years, dying of lung cancer. She stated
that she had now found out she had emphysema and that she had
never smoked a cigarette in her life.
Ms. Gravatt stated she wanted to talk to the Council about a
specific reason for passing the smoke-free ordinance. She stated
that at this time she was 15-weeks pregnant and stated that the
most important issue to her in this matter was how second-hand
smoke affected pregnant women and their babies. She stated that
she was speaking before the Council to defend the innocent
victims, the children, noting they did not choose whether or not
to be in a smoke-free environment. She stated the exposure of a
pregnant woman to second-hand smoke was a major cause of
miscarriages, stillbirths, and sudden infant death syndrome. She
stated exposure might increase the risk of both diabetes and
obesity, possibly due to fetal malnutrition. She stated that a
study done at Columbia University had found that children whose
mothers were exposed during pregnancy had reduced scores on tests
of cognitive development at the age of two when compared to
children from smoke-free homes.
Ms. Peterson stated research had estimated that additional
health care costs in the U.S. associated just with birth
complications caused by pregnant, smoking women or those exposed
to second-hand smoke could be as high as $2 billion per year.
She stated that the medical condition with the highest average
hospital charges nationwide was infant respiratory distress
syndrome, stating that each year more than 20,000 children were
hospitalized with this and that well over 1,000 died.
Ms. Peterson stated she had a friend who was not a drinker
or a smoker but he had recently found out that, at the age of 41,
he had Stage 4 lung cancer. She stated that her friend could not
speak before the Council at this time but she could and that the
children could not speak but she could and that her 15-week old
baby could not speak but she could.
Ms. Peterson thanked the Council for passing the ordinance.
Mr. Richard Payne, 2607 Southhurst Drive, appeared before
the Council, stating this was really all about freedom. He
stated it was the American way to allow businessmen to run the
businesses they had worked so hard to build. He stated that,
therefore, any policies related to smoking in restaurants should
be made by the restaurant owners. He stated that once these
policies had been established and announced and posted, customers
would be free to choose between smoking and non-smoking as they
were free to choose between Chinese food and Mexican food. He
stated it was his belief that should the ordinance pass in the
currently proposed form, it would do a lot of damage to many
restaurant employees throughout the city who depended on
patronage and customer satisfaction for their income.
Mr. Payne urged the Council to not pass the ordinance in its
currently proposed form but to modify it to allow businesses the
freedom to operate.
Ms. Jackie Reed, 303 Jack Coleman, appeared before the
Council, stating she had been attending City Council meetings and
also the budget hearings for more than 16 years and she had never
ever seen a police chief stand up to the Council for what was
needed in the city as she had seen earlier in the meeting. She
congratulated Chief Reynolds. She stated that speeders and red
light runners were killing persons in the city.
Ms. Reed stated that someone had called her and told her he
had been smoking for 50 years and she should stay out of this
issue. She stated, however, she could not stay out of it. She
stated she was aware that the City needed the tax money. She
stated she felt the Council should hold more work sessions on
this matter and work it out.
Ms. Reed stated that speeders needed to slow down on Telstar
Circle. She stated, also, that Maggie Avenue needed to be
resurfaced.
Ms. Reed stated she appreciated Councilman Watson's comments
concerning the tennis center but stated she would like to ask how
many people were asked about it before they built the $4 million
tennis facility or how many people were asked about it before
City land was given away for the hotel. She asked how many
people the Council asked before they put out the big ideas and
gave things away. She stated she did not see any of this being
done, although she attended the Council meetings. She asked why
the City was building facilities such as this if they could not
afford them. She stated that the people in the city were
concerned about these rates going up. She stated if the City
could not afford public services and the things it built, public
services should be first.
Ms. Anna Tygielski appeared before the Council, stating she
was a senior at Huntsville High School and that she was the
future of Huntsville. She stated that many students were present
at this time in support of the no-smoking ordinance. She stated
they wanted very much to have smoke-free restaurants that they
could go to without having to worry about their asthma or
contacts. She asked the Council to please pass the ordinance on
the floor, noting it was very important to them.
Ms. Cindy Bendall, 307 Devon Circle, appeared before the
Council, stating that two years prior the Alabama Department of
Public Health, in conjunction with the University of Alabama, had
done a tobacco survey. She stated it had been conducted in the
state of both smokers and non-smokers. She stated one result of
this survey was that 31.5 percent of the smokers had said they
did not smoke in their own homes, that 38 percent of the smokers
had said they limited smoking in their homes to certain places or
certain times. She stated she wondered why a total of 70 percent
of smokers made decisions to restrict smoking in their own homes
and yet felt they had the right to contaminate the air in a
restaurant or bar. She stated she felt this came down to a
rights issue, being did smokers have the right to harm
non-smokers. She stated that it used to be believed that smoking
only harmed the person actually smoking the cigarette but now it
was known that was not the case. She stated that because they
knew, they could not sit idly by, they had to do something. She
asked if persons would let someone come into a restaurant or bar
and sprinkle asbestos all around, or bring in some radioactive
material. She stated that of course this would not be done and
noted that second-hand smoke was the same lethal category.
Ms. Bendall stated she could promise that businesses would
survive, noting that New York City was the financial capital of
the world and it had survived and that employment in bars and
restaurants was the highest ever, that business taxes were up in
just one year of smoke-free environments. She stated that
Huntsville would not only survive but would thrive.
Ms. Bendall urged the Council to pass the ordinance on the
floor.
Ms. Sharon Ball, 12032 Chicamauga Trail, appeared before the
Council, stating she was in Councilwoman Moon's district. She
stated she believed her rights ended when what she was doing
harmed another person. She stated she could not understand why
persons felt they had this right. She stated that citizens had
the right to bear arms but they could not fire a gun in the mall.
She stated she felt this was kind of the same thing.
Ms. Ball stated she found it interesting and somewhat ironic
that there were two resolutions on the agenda for this meeting
that were authorizing the Mayor to apply for EPA grants totaling
approximately $140,000 for the City's air pollution control when
the Council could vote in favor of this resolution and help the
city's air pollution tremendously.
Ms. Ball stated that the persons who owned the bars and
restaurants seemed to think the people would not come to their
bars and restaurants if this ordinance were passed. She stated
she would love to go and enjoy the entertainment in some of these
facilities but the places were too smokey and she could not go
because she had asthma. She stated there were a lot of people
like her that would like to go to some of these places and hear
the music, et cetera, who could not do it because they got
seriously ill if they went. She stated that since almost
80 percent of Huntsville did not smoke, there might be a large
increase in these businesses rather than a decrease.
Mr. Roger Banks, 108 Winding Trail, appeared before the
Council, stating he was certainly respectful of all the opinions
that had been expressed concerning the no-smoking ordinance. He
stated that one concern he had was that the ordinance would
exempt fraternal organizations. He stated he had concern for
persons who might be a member of one of these facilities who
would not go into a restaurant that allowed smoking. He
questioned if these persons in the private facilities had the
choice if it should not be the choice of everyone citywide.
Mr. Banks also inquired if barbecue grills should also be
excluded.
Ms. Narissa Dotsworth appeared before the Council, stating
she felt businesses in Huntsville should have the choice of being
smoking or non-smoking establishments. She stated she did not
feel it was right to infringe, whether they were smokers or
non-smokers. She stated that persons who were non-smokers did
not understand what a small business person went through in the
city. She stated the Council should respect the businesses in
the city who paid their taxes by giving them the opportunity to
continue in business to their full potential. She stated if one
knew an establishment was non-smoking, one could make a choice
whether to go in or not. She stated if the Council felt a
non-smoking ban would not affect businesses, they were sadly
wrong, stating it would have a very detrimental effect on the
revenues from the business to the City to the liquor tax to the
County and State. She asked if budgets were not suffering enough
at this time without cutting revenues further.
Ms. Dotsworth asked that the Council please give the
businesses the choice of smoking or non-smoking establishments,
noting it was difficult enough to do business in Alabama and
Huntsville and questioning why they would want to make it any
harder for them and perhaps cost jobs and close businesses. She
stated that persons had said that businesses would not close,
that New York City did not have any big impact. She stated that
Huntsville was not New York City.
Councilman Watson stated that Mr. Bedsole had a petition he
had asked to bring forward.
Mr. Bedsole stated he had a petition containing 7,799
signatures of persons who were opposed to a total smoking ban.
He presented the same to the Council.
(PETITION SUBMITTED BY MR. BEDSOLE.)
Mr. Bedsole stated he also had a copy of an article from a
St. Petersburg, Florida, newspaper about how much such bans had
hurt the restaurant business in Florida.
Ms. Brenda Rigsby appeared before the Council, stating she
had grave concerns when the government came into a private
business and dictated what one would do with their business and
how they would run it. She stated she felt a good solution to
this matter would be for the business owner to be able to
designate his company or business to be either non-smoking or
smoking. She stated she understood the concerns that had been
expressed but stated she felt everybody should have a choice.
Ms. Michelle Henley appeared before the Council, stating she
was a sophomore at Huntsville High School. She stated that at a
conference she had recently attended she had learned that
second-hand smoke was the third leading preventable cause of
death in the United States, killing more than 53,000 innocent
persons every year. She stated these persons had never chosen to
smoke. She asked the Council to support the smoke-free ordinance
in order to prevent the death of innocent victims.
Dr. Charles Horton, 3003 Summit View Circle, appeared before
the Council, stating he would like to address the Council as a
pediatrician and the current president of the Madison County
Medical Society and a board member of the American Cancer
Society. He stated the time had come to pass a clean indoor air
ordinance in the city of Huntsville. He stated that Birmingham
had been one of the more recent cities to follow the
health-improving trend of enacting such an ordinance. He noted
that 10 states across the country had also enacted legislation
prohibiting smoking in restaurants and/or bars. He stated that,
in addition, more than 150 municipalities across the country had
their own ordinances.
Dr. Horton stated he knew that each of the Council members
had studied this issue in great depth over the past two years and
that he also knew they wanted to do what was best for the health
and financial well-being of the citizens of Huntsville. He
stated the medical society was in favor of an ordinance that
would limit the exposure of non-smokers to second-hand smoke and
discourage others from smoking. He stated the Cancer Society was
concerned with second-hand smoke exposure to both patrons and
employees of bars and restaurants. He stated that as a
pediatrician he favored limiting the exposure of his patients to
second-hand smoke and discouraging underage smoking.
Dr. Horton stated he was aware that sometimes the Council
might need to make compromises to achieve a balance between what
the organizations he represented wanted and what was being asked
of them by other citizens. He stated he hoped they would look at
the success of the ordinance in Lexington, Kentucky, as a model
city where strict clean indoor ordinances had been successful.
He stated that recently a study of that ordinance, which he noted
had been in place about a year, had shown that there was, once
again, no negative effect on restaurants and bars.
Dr. Horton stated he would like to thank the persons who had
spoken to the Council in support of the ordinance on the floor
and stated he sincerely hoped the Council could reach a
compromise that would be acceptable to everyone.
President Showers stated that item 13.a would be taken out
of order at this time.
Councilman Russell moved for approval of Ordinance
No. 05-237, amending Article IV, Smoking in Public Places,
Chapter 14, Health and Sanitation, of the Code of Ordinances, as
adopted and approved on the 24th day of April, 2003, which was
introduced at the April 14, 2005, Regular Council Meeting, as
follows:
(ORDINANCE NO. 05-237)
Said motion was duly seconded by Councilman Watson.
Councilman Russell spoke in favor of the ordinance on the
floor. He stated he certainly appreciated the public appearing
before the Council to express their opinions on this matter.
Councilman Russell stated that many persons had asked him
why he was involved in this issue, what had brought about his
stand for clean air and his sponsorship of this ordinance. He
stated that the answer to this was that he believed it was the
correct thing to do. He stated he had listened to his
constituents, met with advocacy groups, met with local
physicians, and that he had also met with local bar owners and
restaurant owners. He stated he had also traveled to many cities
and states where ordinances such as this appeared to be working
just fine. He stated he believed the facts presented about the
dangers of second-hand smoke were such that the government must
get involved for the benefit of the public's health. He stated
he was not taking the position that persons should not be allowed
to smoke or that tobacco products should be banned but was taking
the position that the government should regulate where citizens
were exposed to second-hand smoke. He stated there were many
statistics and reports that would support his position on this.
He stated he was aware that persons opposed to this ordinance
would cite reports that would predict financial ruin for the city
and, also, that smoking was not a health risk.
Councilman Russell stated that the following was an excerpt
from a statement by Philip Morris, one of the world's largest
manufacturers of cigarettes: "Second-hand smoke, also known as
environmental tobacco smoke, or ETS, is a combination of the
smoke coming from the lit end of a cigarette plus the smoke
exhaled by a person smoking. Public Health officials have
concluded that second-hand smoke from cigarettes causes disease,
including lung cancer and heart disease, in non-smoking adults,
as well as causes conditions in children such as asthma,
respiratory infection, cough, wheeze, middle ear infection, and
sudden infant death syndrome. In addition, Public Health
officials have concluded that second-hand smoke can heighten
asthma and cause eye, throat, and nasal irritation. Philip
Morris USA believes that the public should be guided by the
conclusions of health officials regarding the health effects of
second-hand smoke in deciding whether to be in places where
second-hand smoke is present, and if there are smokers, when and
where they smoke around others. Particular care should be
exercised where children are concerned; the adults should avoid
smoking around them. Philip Morris also believes that the
conclusions of Public Health officials concerning environmental
tobacco smoke are sufficient to warrant measures that regulate
smoking in public places. We also believe that where smoking is
permitted, the government should require the posting of warning
notices that communicate public health officials' conclusions
that second-hand smoke causes disease in non-smokers."
Councilman Russell stated that the foregoing was from Philip
Morris and stated that if they, the manufacturer, believed and
admitted this, he could not imagine how bad second-hand smoke
really was for persons.
Councilman Russell stated he would say to his colleagues
that he understood this issue was controversial and that he
understood it had brought many threats from constituents. He
asked the Council members to, however, please consider the facts
when they made their decision. He stated the political reality
was that this ordinance would most likely not pass in this form
at this time. He stated that he sincerely hoped that as a
minimum, the Council members would join him in stating they were
concerned about the effects of second-hand smoke on citizens,
they were concerned about the city of Huntsville. He stated that
the current ordinance needed to be revised because the invisible
barriers between smokers and non-smokers just did not work.
Councilman Watson stated that, as he had expected, the
Council had heard all the arguments for and against the ordinance
on the floor. He stated that his colleague, Councilman Russell,
was a man, not a politician. He stated he had shown tremendous
courage in bringing this issue forward, especially prior to an
election. He stated that he was proud to be Councilman Russell's
friend and co-worker.
Councilman Watson stated that this ban, if it passed, would
in fact make the playing field equal, that all restaurants and
lounges in the city would have no smoking. He stated that places
such as Humphrey's and the Furniture Factory could allow smoking
on the outside patios. He stated that private clubs, such as the
VFW, Eagles, and Elks, would be exempt. He stated that this was
not because the Council wanted them to be exempt but because the
law did not allow the City to govern private clubs. He stated
that anyone who wanted to make their establishment private could
do so and then they would also be exempt. He stated that both of
his amendments would be acceptable but really did not solve the
total problem. He stated non-smokers had very few places to go
without the risk of second-hand smoke. He stated that the few
restaurants who had had the courage to go non-smoking were doing
better business at this time without the smoke. He stated most
businesses did not want smoking but were unwilling to risk the
loss of perhaps 10 percent of their business. He stated this did
not happen but the businesses were not willing to risk it.
Councilman Watson stated he hoped the result of his
amendment would be to see the majority of nice restaurants choose
the non-smoking. He stated if they did, he personally would
enjoy eating and drinking in such establishments.
Councilman Watson moved to substitute Substitute B, with the
amendment, under Section 14-98 (1), to insert after "Prominently
post a sign," the following: "comma, not less than 12 inches high
by 12 inches wide, comma." He stated the sign would indicate
whether the establishment was a non-smoking or smoking
establishment.
Said motion was duly seconded by Councilwoman Moon.
President Showers stated the Council would take a recess.
(Recess.)
President Showers reconvened the meeting.
President Showers asked Mr. Joffrion to read the amendment
to Substitute B.
Mr. Joffrion stated this was in Section 14-98 (1). He
stated this paragraph began "Prominently post a sign" and that
the insert after the word sign would be "comma, not less than 12
inches high by 12 inches wide, comma." He stated this was the
only modification to Substitute B.
Councilman Kling asked if this pertained to restaurants and
bars or if it pertained to all businesses not currently covered
under the existing ordinance.
Mr. Joffrion stated that the "either/or" language applied
only to restaurants and bars. He stated this was made clear in
Section 14-96, paragraph 3. He stated that it said "a restaurant
or Class III or IV lounge must clearly designate either/or." He
stated the smoking ban still remained in effect for all other
public places.
Councilman Kling asked if there was anything that would
prohibit a restaurant from designating itself as a smoking
restaurant and then later perhaps deciding to go non-smoking, if
this could be done at any time or if there were any restrictions
on this.
Mr. Joffrion stated there was no time limit and there was no
restriction on the number of times this could be done. He stated
it just had to be clearly posted, so the public would know as
they were entering the premises whether it was a smoking or
non-smoking facility.
Councilman Watson stated if it was posted on the front of a
hotel, this would mean there were no non-smoking rooms and
smoking rooms, that there would just be no smoking, period, in
that hotel.
Mr. Joffrion stated that if a hotel wanted to be classified
as a smoking facility, the owner could still designate
non-smoking rooms if he or she so chose. He stated this would be
an option, that it would just be that everyone understood as they
went into the premises that smoking was allowed. He stated that
with a restaurant that stated it was a "smoking" establishment,
there was no requirement that they designate a particular area
for smokers or non-smokers but they could still attempt to
segregate these if they wanted to. He stated it was just that
the public upon entering the premises would know it was a smoking
facility.
Councilman Watson stated that if an establishment called
itself a smoking facility and then said persons were only allowed
to smoke in a certain section, the reality was that persons could
smoke any place they wanted. He stated that, therefore, the
owner of the restaurant might change their mind and say they were
not going to do that.
Mr. Joffrion stated that Councilman Watson should understand
it could work that way, that the owner could decide whether
internally he or she wanted the entire premises to be open to
smoking. He stated the owner still had control inside the
facility to segregate areas or rooms if the owner so chose. He
stated there was no prohibition against restricting internally
whether some areas were smoking or non-smoking, that it was just
that smoking would be allowed in the facility, whether the areas
were designated or not. He stated the owner would not be
required to designate an area as was required under the current
ordinance.
President Showers called for the vote on the motion for
Substitute B, as amended, and the following vote resulted:
AYES: Moon, Kling, Watson
NAYS: Russell, Showers
President Showers stated the amendment had passed.
Councilman Kling stated there was an exception for private
clubs and stated there was also a reference to "bingo halls." He
inquired as to how this would impact the fraternal lodges that
had bingo within them.
Mr. Joffrion stated that private clubs were exempted,
whether or not they had bingo.
Councilman Watson asked how the airport would be handled.
He stated if the airport put a sign out saying "No Smoking," they
could not have an area where they allowed persons to smoke or if
they elected to be a "smoking" facility, one could smoke any
place, going through security or whatever.
Mr. Joffrion stated that was incorrect, that the airport was
not a restaurant or lounge and they did not get to designate. He
stated smoking would not be allowed any place in the airport.
Councilman Russell stated that, obviously, he was opposed to
the amendment but stated he was certainly hopeful it would work.
He stated he hoped the business owners would make decisions that
would be best for the city. He stated he hoped most business
would choose to go non-smoking for the benefit of the citizens.
President Showers called for the vote on Ordinance
No. 05-237, Substitute B, as amended, and the following vote
resulted:
AYES: Moon, Kling, Watson
NAYS: Russell, Showers
President Showers stated that the ordinance, as amended, had
passed.
President Showers stated the next item on the agenda was
Board Appointments to be Voted On.
President Showers read and introduced Resolution No. 05-301,
to reappoint Dr. Delbert W. Baker to The Health Care Authority,
Place 1, for a term to expire April 12, 2011.
Said motion was duly seconded by Councilman Watson.
Councilwoman Moon stated that she wanted to make it clear to
her fellow Council members that she had pledged her support to
another candidate for this position and that she would maintain
this support. She stated that nothing personal was intended by
this.
Councilman Russell stated this would also apply to him,
noting that Bhavani Kakani had been a longtime friend and
constituent and he had great faith in her. He stated he believed
the other candidate was also extremely exceptional.
Councilman Kling stated he would basically express the same
sentiments that Councilwoman Moon and Councilman Russell had
expressed. He stated there were two outstanding candidates and
they were fortunate to have this type choice for the Hospital
Board.
President Showers stated that though this was the democratic
way, he was certainly disappointed in this action. He stated
that the Council had three nominees for this Board and stated
that three members of the Council had now voiced their support
for another candidate, noting this was an individual who was
already serving on 21 other boards. He stated that the current
candidate had met the letter of the law on attendance and noted
it was difficult for him at this time to see the Council go
backward with this appointment.
President Showers called for a roll-call vote on Resolution
No. 05-301, and the following vote resulted:
AYES: Watson, Showers
NAYS: Russell, Moon
ABSTAIN: Kling
President Showers stated that the resolution had failed.
Councilman Kling read and introduced a resolution to appoint
Ms. Bhavani Kakani to The Health Care Authority, Place 1, for a
term to expire April 12, 2011, as follows:
(RESOLUTION NO. 05-302)
Councilman Kling moved for approval of the foregoing
resolution, which motion was duly seconded by Councilwoman Moon.
President Showers called for the vote on the above
resolution, and it was unanimously adopted.
President Showers stated the resolution had passed.
Councilman Russell read and introduced a resolution to
reappoint Judge Frank H. Riddick to the Madison County Mental
Retardation Board for a term to expire April 1, 2011, as follows:
(RESOLUTION NO. 05-303)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Kling,
and was unanimously adopted.
Councilman Russell read and introduced a resolution to
reappoint Mr. Ralph Stubblefield, Jr., to the Madison County
Mental Retardation Board for a term to expire April 1, 2011, as
follows:
(RESOLUTION NO. 05-304)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilwoman Moon,
and was unanimously adopted.
Councilman Russell read and introduced a resolution to
reappoint Mr. Fred Rodrique to the Bingo Review Committee for a
term to expire April 8, 2007, as follows:
(RESOLUTION NO. 05-305)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution to
reappoint Mike Patterson to The Health Care Authority, Place 2,
for a term to expire April 12, 2011, as follows:
(RESOLUTION NO. 05-306)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilwoman Moon,
and was unanimously adopted.
President Showers stated the next item on the agenda was
Board Appointment Nominations.
Councilwoman Moon nominated Dick Reeves for reappointment to
the Industrial Development Board, for a term to expire May 27,
2011.
President Showers stated the next item on the agenda was
Approval of Expenditures.
Councilman Watson read and introduced a resolution
authorizing the expenditures for payment, as follows:
(RESOLUTION NO. 05-307)
Councilman Watson moved for approval of the foregoing
resolution, which motion was duly seconded by Councilwoman Moon,
and was unanimously adopted.
Councilman Watson stated that normally at mid-year there was
a finance report and stated this report was that at this time the
City was maintaining its sales tax revenue to the level needed to
meet financial obligations established at the beginning of the
year. He stated the City was in good shape and was meeting its
responsibilities and it did not appear there would be anything to
change this. He stated that considering this, he did not feel
there would be a need for any meeting with Finance since nothing
had changed.
President Showers stated the next item on the agenda was
Communications From the Mayor.
Mayor Spencer announced the following Board appointments:
The reappointment of Karen Stanley to the Board of Zoning
Adjustments to serve a term effective immediately and to expire
March 9, 2008. The reappointment of David Ely to the Huntsville
Historic Preservation Commission, for a term to commence May 3,
2005, and expire May 3, 2011.
Mayor Spencer stated that the Bud Cramer Park had been
dedicated during the week. She stated this would certainly be an
asset to the city and that the improvements to Meridian Street
would continue, with the greenway and a passive park with some
recreational equipment for the children, adjacent to the
Children's Advocacy Center.
Mayor Spencer stated she had attended a groundbreaking at
Toyota the prior day. She stated Toyota had made a commitment to
Huntsville initially to do two phases and noted they were now in
their third phase. She stated this was a $250 million investment
and would result in 300 potential job openings, which would bring
the total employment to more than 800.
Mayor Spencer stated she had attended the Senior Center's
Crime Prevention Academy put on by the Police Department and that
it was an outstanding program. She encouraged all senior
citizens to participate in this, noting there would be another
academy in August. She stated it was very good for learning the
prevention of being taken advantage of.
Mayor Spencer stated the Maple Hill Cemetery Stroll would be
held on May 8th. She stated this was an outstanding event for
portraying the history of the cemetery.
Mayor Spencer recognized Joy McKee. She stated she had
received a form saying Huntsville should compete in a National
League of Cities competition and noted they had received a
response for this, stating it was due to the outstanding job
Ms. McKee had done with the inmate labor and the homeless.
Ms. McKee stated this was an award the Huntsville Police
Department and the Green Team had been working on for a couple of
years and that it was with the homeless clean-up camps. She
stated they had received word they had been nominated in the
top 15 in the nation. She stated if they got this award they
would get to go to Chicago and it would be a great honor for the
city. She stated the Huntsville Police Department and the inmate
labor had made this possible. She stated they were real excited
about this and stated it was phenomenal just to be in the top 15,
noting that this was among all the large cities. She stated the
award would be made on June 11th.
President Showers stated the next item on the agenda was
Communications from Council Members.
Councilman Russell stated he had attended the groundbreaking
at Bud Cramer Park and stated this was going to be a wonderful
addition to the city and, of course, to District 2.
Councilwoman Moon stated her husband was continuing to make
great progress and expressed appreciation for everyone's support
during this time.
Councilman Kling stated he had a situation he wanted to
notify Chief Reynolds concerning. He stated there had been
congregations from other portions of the city that had come over
into the Duboise, Spruce, and Clopton Street areas and noted that
the interaction with the neighbors had not been positive. He
stated he knew the police were aware of this situation and he
hoped they would closely monitor it because he felt it could
potentially be an explosive situation.
Councilman Kling stated that around Burger King and Krystal
on Jordan Lane the residents in the area had complained about
loud car stereo noise. He stated they would appreciate anything
the Police Department could do about this situation.
Councilman Kling stated the kick off for Little League
baseball would be on the following evening and that on Saturday
almost every league would be getting underway. He stated the
parents involved with the Southern League were very appreciative
of the work the Police Department had done as far as the bicycle
patrols around Braham Spring Park and what this would mean as far
as preventing unfortunate incidents from taking place.
Councilman Kling stated, concerning the wireless internet
program for Big Spring Park, that they had come up with an RFP
and had had a very good meeting with several interested vendors
recently, noting they felt they had a good plan of action as far
as competition. He stated that by summer they should be able to
enjoy having wireless internet available in the community, for
citizens as well as out-of-town tourists, in the Big Spring Park
area. He stated that Mr. Holcomb had advised him that once they
felt they had everything under control in this regard, they would
be greatly expanding the area in the city.
President Showers stated the next item on the agenda was
Unfinished Business Items for Action.
Councilman Kling moved for approval of Ordinance No. 05-252,
to amend Article I, of Chapter 19 Recreation Services, Section
19-7, "Trespassing upon public parks and athletic fields which
are closed for repair," which was introduced at the April 14,
2005, Regular Council Meeting, as follows:
(ORDINANCE NO. 05-252)
Said motion was duly seconded by Councilwoman Moon.
Mr. Ralph Stone stated the subject ordinance was for all the
athletic fields. He stated that occasionally they had to take
fields out of play to perform maintenance and that if there was
not something in place that would be enforceable, they did not
have any control. He stated they put signs up on the field to
take them out of play for a period of time in the off season so
they could plant new grass, et cetera, in order to keep the
quality level up.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
Councilman Russell moved for approval of Ordinance
No. 05-254, to adopt one new base map as part of the official set
of zoning maps, which was introduced at the April 14, 2005,
Regular Council Meeting, as follows:
(ORDINANCE NO. 05-254)
Said motion was duly seconded by Councilman Kling.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
Councilman Kling moved for approval of Ordinance No. 05-257,
concerning the annexation of land lying generally at the
northwest corner of Old Big Cove Road and Hartford Road, which
was introduced at the April 14, 2005, Regular Council Meeting, as
follows:
(ORDINANCE NO. 05-257)
Said motion was duly seconded by Councilman Watson.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
President Showers stated the next item on the agenda was New
Business Items for Introduction.
Councilman Russell read and introduced an ordinance
concerning the annexation of land lying generally south of Green
Cove Road and east of Hobbs Island Road, as follows:
(ORDINANCE NO. 05-308)
Councilman Watson moved that unanimous consent be given for
the immediate consideration of and action on said ordinance,
which motion was duly seconded by Councilwoman Moon, and upon
said motion being put to vote, the following vote resulted:
AYES: Watson, Russell, Moon, Kling, Showers
NAYS: None
President Showers stated that the motion for unanimous
consent for immediate consideration of and action on said
ordinance had been unanimously carried.
Councilman Watson thereupon moved that said ordinance be
finally adopted, which motion was duly seconded by
Councilman Kling.
Ms. Marie Bostick of the Planning Department stated this was
a 128.92-acre tract of land located in the southeast part of the
community and was proposed for a residential subdivision. She
stated the owners were trying to get started with the development
process as soon as possible and this was the reason for the
request for unanimous consent.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
Councilman Watson read and introduced an ordinance
concerning the annexation of land lying generally on the
northwest corner of the intersection of Caldwell Lane and King
Drake Road, as follows:
(ORDINANCE NO. 05-309)
Councilman Watson moved that unanimous consent be given for
the immediate consideration of and action on said ordinance,
which motion was duly seconded by Councilwoman Moon, and upon
said motion being put to vote, the following vote resulted:
AYES: Watson, Russell, Moon, Kling, Showers
NAYS: None
President Showers stated that the motion for unanimous
consent for immediate consideration of and action on said
ordinance had been unanimously carried.
Councilman Watson thereupon moved that said ordinance be
finally adopted, which motion was duly seconded by Councilwoman
Moon.
Ms. Bostick stated this was approximately 16 acres of land
in the Hampton Cove area and was proposed for a residential
subdivision and that the owners were anxious to begin the
development process and had requested unanimous consent.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
President Showers read and introduced Ordinance No. 05-310,
amending Section 17-73 of the Code of Ordinances concerning
discharging air rifles, air guns, air pistols, and BB guns.
President Showers stated the next item on the agenda was
New Business Items for Consideration or Action.
Councilman Kling stated he would like to withdraw item 15.a.
Councilman Russell read and introduced a resolution
authorizing the Clerk-Treasurer to invoke subdivision letter of
credit for Amhurst Subdivision Phase VI, as follows:
(RESOLUTION NO. 05-311)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the City Attorney to settle the Worker's Compensation
claim of Stuart Wilson, as follows:
(RESOLUTION NO. 05-312)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to submit the Consolidated Plan for
FY05-FY09 to HUD, as follows:
(RESOLUTION NO. 05-313)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to apply for and execute an FY05 EPA Air
Grant for $67,758 in federal funding to support the City's Air
Pollution Control Program, as follows:
(RESOLUTION NO. 05-314)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to apply for and execute an FY06 EPA Air
Grant for $75,000 in federal funding to support the City's Air
Pollution Control Program, as follows:
(RESOLUTION NO. 05-315)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced an ordinance
declaring certain equipment surplus and to be sold at auction
(GovDeals.com) or in the best interest and most cost-effective
way for the City of Huntsville, as follows:
(ORDINANCE NO. 05-316)
Councilman Russell moved for approval of the foregoing
ordinance, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution to enter
into a Payroll Card Program Agreement with AmSouth Bank, as
follows:
(RESOLUTION NO. 05-317)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the acceptance of donation to the Department of
Recreation and Landscape Management in the amount of $1250 each
from the Huntsville International League, the Huntsville Northern
League, and the Huntsville National League, for a total of $3750,
to purchase laptop computers and software for the League
registration process, as follows:
(RESOLUTION NO. 05-318)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced an ordinance to amend
Budget Ordinance No. 04-803, adopted and approved on October 14,
2004, by changing appropriated funding and the authorized
personnel strength within various departments, as follows:
(ORDINANCE NO. 05-319)
Councilman Russell moved for approval of the foregoing
ordinance which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into agreements with the low
bidder as outlined in the attached Summary of Bids for
Acceptance, as follows:
(RESOLUTION NO. 05-320)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to amend the contract with Jordan
Excavating, Inc., for Capshaw Road Sewer and Pump Station,
Project No. 65-04-SM01, by Change Order No. 1, as follows:
(RESOLUTION NO. 05-321)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into an agreement with Garver
Engineers, L.L.C., for Land Surveying & Consulting Services for
North Huntsville Industrial Park, Phase II, Project
No. 65-05-SP16, as follows:
(RESOLUTION NO. 05-322)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to modify the agreement with Tetra Tech,
Inc., for additional Engineering Services for Zierdt Road Pump
Station and Forcemain Improvements, by Modification No. 3,
Project No. 65-04-SS04, as follows:
(RESOLUTION NO. 05-323)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into a Renewal Agreement with
Atkinson Farms for the Lease of Farm Land in Cummings Research
Park, as follows:
(RESOLUTION NO. 05-324)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into a Renewal Agreement with
Roger Martin Farms for the lease of farm land in Cummings
Research Park, as follows:
(RESOLUTION NO. 05-325)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to amend the contract with Christopher
Plumbing & Electric, Inc., for Williams Avenue Realignment,
Project No. 65-04-RD08 and ST-045-999-010, by Change Order No. 2,
as follows:
(RESOLUTION NO. 05-326)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into a License Agreement with
Robert Bailey for property maintenance at Bell Mountain Park, as
follows:
(RESOLUTION NO. 05-327)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into an agreement between the City
of Huntsville And The Water and Wastewater Board of the City of
Madison for section of Sewer Line, Project No. 65-05-SS11, as
follows:
(RESOLUTION NO. 05-328)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into an agreement with the State
of Alabama Department of Transportation for Medaris Road
Improvements, Project No. STPHS-4500 (209), as follows:
(RESOLUTION NO. 05-329)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Russell read and introduced a resolution
authorizing the Mayor to enter into an agreement with Tetra Tech,
Inc., for Engineering Services for Big Cove Flow Monitoring
Program Development, Project No. 65-05-SP18, as follows:
(RESOLUTION NO. 05-330)
Councilman Russell moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Watson,
and was unanimously adopted.
Councilman Kling read and introduced a resolution
authorizing the Mayor to enter into an agreement with the Alabama
Umpires Association, as follows:
(RESOLUTION NO. 05-331)
Councilman Kling moved for approval of the foregoing
resolution, which motion was duly seconded by President Showers.
Mr. Stone stated this concerned umpire services for the
Metro Kiwanis Sportsplex for the adult softball program.
President Showers called for the vote on the above
resolution, and it was unanimously adopted.
President Showers read and introduced a resolution
authorizing the Mayor to enter into an agreement with British
Soccer, a division of Challenger Sports Corporation, as follows:
(RESOLUTION NO. 05-332)
President Showers moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Kling.
Mr. Stone stated this concerned a soccer clinic for children
that would be held at the Fern Bell Recreation Center in the
summer.
President Showers called for the vote on the above
resolution, and it was unanimously adopted.
Councilman Russell read and introduced a resolution to
earmark the proceeds of the Cummings Research Park West property
sale for infrastructure improvements and land acquisition in
Cummings Research Park, as follows:
(RESOLUTION NO. 05-333)
Councilman Russell moved that unanimous consent be given for
the immediate consideration of and action on said resolution,
which motion was duly seconded by Councilman Kling, and upon said
motion being put to vote, the following vote resulted:
AYES: Watson, Russell, Moon, Kling, Showers
NAYS: None
President Showers stated that the motion for unanimous
consent for immediate consideration of and action on said
ordinance had been unanimously carried.
Councilman Watson thereupon moved that said resolution be
finally adopted, which motion was duly seconded by
President Showers.
Mayor Spencer stated it was important for the Council to see
that the reinvestment within the park was very important. She
stated this would provide the opportunity to reinvest in
purchasing land or doing infrastructure improvements.
President Showers called for the vote on the above
ordinance, and it was unanimously adopted.
Councilman Kling read and introduced a resolution
authorizing the Mayor to modify the agreement with Civil
Solutions, L.L.P., for Engineering Services for Street
Improvements for the proposed Convention Center Hotel and
Retail/Entertainment Development, Project No. 65-03-DR14 and
Project No. ST-045-999-010, by Modification No. 2, as follows:
(RESOLUTION NO. 05-334)
Councilman Kling moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Russell.
Mr. Ron Adams of the Engineering Department stated that this
item concerned the canal that would go between the Von Braun
Center and the new hotel. He stated that access to the
South Hall was affected by this and that this was a design change
to rearrange the access to the South Hall.
Councilman Kling inquired as to the status of this project.
Mr. Adams stated that with both projects, the bridge and
canal and the street that went down to the round-about, they
anticipated four to six weeks more on construction. He stated
the wearing surface, striping, traffic signals, et cetera, were
still left to be done.
Councilman Watson inquired if there would be a separate
entrance for construction vehicles going to the new hotel or if
they would do the final paving and then run heavy trucks over
this final paving.
Mr. Adams stated the final paving would be completed as soon
as possible. He stated that truck access at this time was
limited to certain areas but stated if they had to come in that
way, they would not restrict access.
Councilman Watson stated this would destroy the new road.
Mr. Adams stated if they destroyed the road, they would buy
the road, but noted he did not think they would destroy it.
Councilman Watson stated he had heard they were going to
find a different entrance and not go on the new road. He asked
if there was any possibility of this.
Mr. Adams stated that coming in around the South Hall was a
possibility.
Councilman Kling asked Mr. Joffrion if the City had a
provision that when heavy construction caused damage to city
streets the company had to repair or reimburse the city for
repair costs.
Mr. Joffrion stated the City did have an ordinance that
required anyone who damaged a street to repair it. He stated
that Mr. Adams was correct in that most of the heavy traffic
would come in through Heart of Huntsville Drive, through the
existing bridge, and around South Hall.
Councilman Watson stated he understood the bridge was
supposed to have been finished in March and noted it was now
almost May. He asked whether there would be any cost incurred by
a company that was that late. He stated he understood the
company that was doing the round-about was doing part of the
other company's work in order to get the project finished.
Mr. Adams stated that was not entirely correct. He stated
that the contracts did have liquidated damages if the contractor
was late. He stated the contract was due to be finished in
mid-March, but noted there were delays in the contract and that
one contract change had already been brought to the Council which
had extended the time by 35 days. He stated there were other
delays in the contract, rain delays, that had not been brought to
the Council at this time that would extend the contract even
more. He stated that if the general contractor on the bridge
finished within four to six weeks, he would finish very close to
the allotted time for the contract. He stated it was not correct
that the other contractor was doing work the bridge contractor
was supposed to be doing, noting, however, that contractor was
having to wait and sequence his work to tie into the bridge until
the bridge was finished. He stated they were two entirely
separate contracts.
Councilman Watson stated that as he understood it, there
should not be anything coming to the Council for more money for
APEC because of the additional work they were going to have to do
regarding the bridge. He asked if this was correct.
Mr. Adams stated that was correct.
President Showers called for the vote on Resolution
No. 05-334, and it was unanimously adopted.
Councilman Kling read and introduced a resolution
authorizing the Mayor to enter into a Renewal Agreement with
Sublett Farms, Inc., for the lease of property in North
Huntsville Industrial Park, as follows:
(RESOLUTION NO. 05-335)
Councilman Kling moved for approval of the foregoing
resolution, which motion was duly seconded by Councilman Russell,
and was unanimously adopted.
Mr. Adams stated this was vacant land in the North
Huntsville Industrial Park. He stated that for this parcel the
City was getting approximately $21,000 for 228 acres. He stated
this was basically farm rental.
President Showers called for the vote on the above
resolution, and it was unanimously adopted.
President Showers stated the next item on the agenda was
Vacation of Easements.
Councilman Watson read and introduced an ordinance to vacate
a Utility and Drainage Easement along the rear of 3613 and 3615
South Memorial Parkway property, as follows:
(ORDINANCE NO. 05-336)
Councilman Watson moved for approval of the foregoing
ordinance, which motion was duly seconded by President Showers,
and was unanimously adopted.
Councilman Watson read and introduced an ordinance to vacate
a Utility and Drainage Easement along the rear of 3609 South
Memorial Parkway property, as follows:
(ORDINANCE NO. 05-337)
Councilman Watson moved for approval of the foregoing
ordinance, which motion was duly seconded by President Showers,
and was unanimously adopted.
Councilman Watson read and introduced an ordinance to vacate
a Utility and Drainage Easement along the rear of 3611 South
Memorial Parkway property, as follows:
(ORDINANCE NO. 05-338)
Councilman Watson moved for approval of the foregoing
ordinance, which motion was duly seconded by President Showers,
and was unanimously adopted.
Councilman Watson read and introduced an ordinance to vacate
30-foot Sanitary Sewer Easement, Lot 4B, Ridgeside Estates, Plat
Book 45, Page 99, as follows:
(ORDINANCE NO. 05-339)
Councilman Watson moved for approval of the foregoing
ordinance, which motion was duly seconded by President Showers,
and was unanimously adopted.
President Showers inquired if there were any non-roster
communications from the public.
There was no response.
Upon motion, duly seconded, it was voted to adjourn.
______________________________
PRESIDENT OF THE CITY COUNCIL
ATTEST:
______________________________
CITY CLERK-TREASURER