1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD AUGUST 12, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on August 12, 2004, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Moon, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order. Pastor James
16 Robinson of the Liberty Christian Faith Center led the
17 invocation; Councilman Kling led the pledge of allegiance.
18 The minutes of the regular meeting of the Council on
19 July 22, 2004, were approved as submitted.
20 Mayor Spencer stated that Spc. Brian Thomas Scott of the
21 405th Transportation Company had served for the prior 8 months in
22 Iraq and that in early July Spc. Scott's unit had been traveling
23 in a convoy that had come under attack. She stated that during
24 the attack three soldiers had been injured, noting that one of
25 the injured had been hit just above his elbow and that an artery
26 had been opened. She stated that Spc. Scott, while still under
27 fire, had left his vehicle to attend to this injured soldier,
28 holding his arm in a tourniquet and stabilizing him until MedVac
29 had arrived on the scene. She stated that the soldier's family
30 had called Spc. Scott's mother to express appreciation for his
0002
1 having saved the soldier's life. She stated that Spc. Scott
2 would be honored with an award in November but noted he was home
3 at this time and that they had wanted to recognize him in person
4 at this time.
5 Mayor Spencer asked that the Council adopt a resolution
6 commending Spc. Scott for his heroic life-saving measures.
7 Councilman Kling read and introduced a resolution commending
8 Spc. Brian Thomas Scott of the 401st Transportation Company for
9 heroic life-saving measures, as follows:
10 (RESOLUTION NO. 04-601)
11 Councilman Kling moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon,
13 and was unanimously adopted.
14 Mayor Spencer presented copies of the resolution to
15 Spc. Scott and his family.
16 Spc. Scott expressed appreciation for the support he was
17 receiving.
18 Councilman Watson recognized Capt. Morris of the Huntsville
19 Police Department.
20 Councilman Watson stated that there recently had been a rash
21 of problems in Ardmore Estates. He stated that residents in this
22 area had been very concerned and had been requesting more
23 lighting, police patrols, et cetera. He stated that in this
24 process he had met with Capt. Morris and discussed with him what
25 could be done about this matter. He stated that the police had
26 immediately gotten on the scene and had arrested a person
0003
1 breaking into a car and stated that this had alleviated many of
2 the problems that had been occurring in the area. He stated that
3 he would like to recognize these officers at this time. He
4 stated that he also had letters to go into the personnel files of
5 these officers. He recognized the following officers:
6 Officer Jonathan Ware, Officer Kent Brown, Officer Bryan Guffey,
7 Officer Michael Johnson, Officer Louis Parsons, and Officer
8 Mia Bruce. He stated that it was certainly an honor to recognize
9 these officers.
10 Councilman Watson asked Dr. Karen Hill of Animal Control to
11 explain a new project under consideration for the city.
12 Dr. Hill stated that she had been contacted earlier in the
13 week by Councilman Watson in regard to an area in Huntsville
14 where some citizens had enjoyed allowing their dogs to run off
15 leash. She stated that Councilman Watson's concern and her
16 concern was that this might not be the safest thing for the dogs
17 and for the citizens in the area. She stated that
18 Councilman Watson had become aware that there were communities
19 that had taken areas of land that were accessible and possibly
20 had some water access and had fenced such areas off to create a
21 recreational area for dogs and their owners. She stated that
22 these were casually known as dog parks.
23 Dr. Hill stated that she had advised Councilman Watson that
24 she had actually looked into this matter and had conducted some
25 research, in an attempt to determine if this would be safe and a
26 viable option for a large city.
0004
1 Councilman Watson stated that he had shown Mr. Ralph Stone
2 the area in question and that he had advised him that this
3 property did belong to the City. He asked Mr. Stone if he would
4 be able to get with Mr. Joffrion concerning this matter and come
5 back to him with an answer concerning this matter during the
6 month of September.
7 Mr. Stone replied in the affirmative, noting that at this
8 time they were looking at Creekwood Park as the location for a
9 possible dog park. He stated that dog parks were a trend across
10 the nation and stated that at this time they were compiling
11 information to determine what would be allowed and not allowed in
12 a dog park and determine what the best situation for this would
13 be. He stated that they would get information together and would
14 furnish a report to the Council concerning this.
15 Councilman Watson stated that he would certainly like to see
16 this accomplished before November and get the park in place if
17 they could.
18 Councilman Watson asked Mr. Frank Miller to comment on this
19 matter.
20 Mr. Frank Miller appeared before the Council, stating that
21 the area in question for this project began at Old Madison Pike,
22 going west, just before Slaughter Road, and extended for 2 miles
23 north, into the back of the Adams Home Subdivision. He stated
24 that he had been using this area with his dogs for the prior 6
25 years, noting that he had had his dogs on leash and off leash in
26 this area. He stated that when Farrow Road had gone under
0005
1 construction, this had separated a half a mile on the north of
2 Farrow Road and 1 1/2 miles on the south end, down to Old Madison
3 Pike. He stated that a lot of the dog owners had then gone to
4 the north half because the pedestrians stopped at Farrow Road.
5 He stated that this had set the entire project up, because they
6 had gone to the north, leaving the pedestrians on the lower end
7 to enjoy the 1 1/2 miles. He stated that what they had created
8 was that sometimes there would be 20 or 25 dogs in the area, just
9 having fun such as kids would do. He stated there were open
10 fields in this area that were not being used for anything and the
11 area was perfect for a dog park.
12 Mr. Miller thanked Councilman Watson for his leadership in
13 bringing this new and innovative project for the citizens of
14 Huntsville to enjoy.
15 Mr. Miller stated he would meet with anyone in the area at
16 any given time upon request.
17 Councilman Showers read and introduced a resolution in
18 recognition of the 5th Anniversary Celebration of the Alabama A&M
19 University Community Development Corporation and welcoming guest
20 speaker Ms. Darlene F. Williams to Huntsville on August 12, 2004,
21 as follows:
22 (RESOLUTION NO. 04-602)
23 Councilman Showers moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson,
25 and was unanimously adopted.
26 Councilman Showers stated he would be presenting the
0006
1 resolution at the event to be held on August 12, 2004.
2 Councilman Showers read and introduced a resolution in
3 recognition of the 100th Birthday and Homecoming of the Chelsea
4 Cumberland Presbyterian Church in America, as follows:
5 (RESOLUTION NO. 04-603)
6 Councilman Showers moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling.
8 Councilman Kling spoke in favor of the above motion. He
9 asked for the Council's support in pursuing the process of
10 nominating the church for inclusion on the Alabama State Registry
11 of Historical Places, noting that this would include a marker.
12 He stated he would ask that the Council allow him to pursue this.
13 Councilman Showers stated he would fully support this.
14 President Russell called for the vote on the above
15 resolution, and it was unanimously adopted.
16 Councilman Showers stated he would be presenting the
17 resolution on behalf of the Council and the Administration at the
18 upcoming event.
19 President Russell recognized Bart Williams, Executive
20 Director of the EarlyWorks Museum Complex, stating he had a
21 special presentation to make in relation to the Whistle Stop
22 Festival and Rocket City BBQ.
23 Mr. Williams expressed appreciation to the Council and the
24 Administration for their support of the Whistle Stop Festival and
25 Rocket City BBQ, nothing that the festival had been the most
26 successful to date. He stated they could not have done this
0007
1 without the City's support, including the Mayor, the Council, and
2 all the department heads. He made a special presentation to the
3 Administration, the Council, and the department heads.
4 Councilman Kling stated he had received numerous calls
5 earlier in the day concerning the meeting not being broadcast. He
6 stated it was his understanding that the decision not to
7 broadcast the meeting was one that Comcast had made and not the
8 City. He asked Mr. Joffrion if this were correct.
9 Mr. Joffrion replied in the affirmative, stating that the
10 City had had nothing to do with Comcast's decision not to
11 broadcast the meeting at this time. He stated that he understood
12
13 they had a conflicting event and could not be present.
14 Councilman Kling inquired if it was correct that as far as
15 the Council was concerned, Comcast was welcomed and encouraged to
16 broadcast every meeting of the Council.
17 Mr. Joffrion stated that that was correct.
18 President Russell stated that there would be a presentation
19 by Michael Webb concerning the Madison County, Alabama, natural
20 hazards mitigation plan.
21 Mr. Webb appeared before the Council, noting he was with the
22 Planning Department and stating he was present with Rusty Russell
23 of EMA and Dr. Ben Ferrill of the Planning Department. He stated
24 that at this time he had a brief presentation concerning the
25 natural hazards mitigation plan. He stated that this plan had
26 been prepared by the Hazard Mitigation Planning Committee under
27 the guidance of the local Emergency Planning Committee. He
0008
1 stated that this was a multi-jurisdictional plan which included
2 Madison County, the city of Huntsville, the city of Madison, the
3 towns of New Hope, Gurley, Owens Cross Roads, and Triana.
4 Mr. Webb stated that the plan fulfilled the requirements for
5 the Disaster Mitigation Act, which provided the framework for
6 local governments to evaluate and mitigate all hazards as a
7 condition of receiving federal disaster assistance. He stated
8 that a major requirement of the law was the development of a
9 local hazard mitigation plan. He stated that the plan was
10 administered by the Alabama Emergency Management Agency and FEMA.
11 Mr. Webb stated that Madison County and its municipalities
12 envisioned active resistance to threats to human life and
13 property through publicly supported mitigation measures with
14 proven results. He stated that the communities in Madison County
15 committed to reduce exposure to risk of natural hazards by
16 activating all resources through cooperative intergovernmental
17 and private sector initiatives. He stated that natural hazards
18 included tornadoes, severe thunderstorms, flooding, winter storms
19 and freezes, landslides, droughts, heat waves, wildfires,
20 sinkholes, hurricanes, dam and levy failures, and earthquakes.
21 He stated that disaster risks were generally uniform throughout
22 the county, except for flooding, landslides, and sinkholes.
23 Mr. Webb presented the various aspects of the plan,
24 including a discussion of the mitigation measures related to
25 natural hazard disasters.
26 Mr. Webb stated that the Huntsville Mitigation Committee had
0009
1 been formed and had worked on the plan from February until June
2 of the prior year. He stated that they had held a public hearing
3 in April of 2003 at the Jaycee Building and had invited the
4 public in for comment. He stated that the plan was a requirement
5 for receiving federal disaster funding in the future.
6 President Russell stated the next item on the agenda was
7 Public Hearings to be Held.
8 President Russell stated that it was the time and place in
9 the meeting for a public hearing on Ordinance No. 04-485, to
10 introduce an ordinance amending Air Pollution Control Rules and
11 Regulations, which hearing was set at the June 24, 2004, Regular
12 Council Meeting.
13 President Russell recognized Danny Shea of the Natural
14 Resources Department.
15 Mr. Shay stated that periodically the City had to update its
16 air pollution control regulations to keep them consistent with
17 current state and federal regulations and stated that this was
18 the purpose of the ordinance. He stated that this included some
19 clean-up items. He stated that one of these items would insert a
20 paragraph that had been inadvertently deleted in a previous
21 amendment to the rules, clarifying the timing of construction of
22 new facilities. He stated that there was also a clean-up item to
23 correct a typographical error where there had been a reference to
24 the director that should have referenced the administrator of
25 EPA. He stated that this was regarding who would receive a
26 particular type of report. He stated that in addition to the
0010
1 clean-up items and of greater significance were additional
2 maximum achievable control technology standards that had been
3 promulgated by EPA since the last time the rules had been
4 updated. He stated that these were resolutions that limited the
5 emission of hazardous air pollutants. He stated that they
6 applied to specific source categories and stated that there were
7 a number of these that had been promulgated by EPA over the past
8 year. He stated that this would incorporate these federal
9 regulations into the City's air pollution control rules.
10 President Russell inquired as to whether there was anyone in
11 the audience who wished to speak concerning this matter.
12 There was no response.
13 Councilwoman Moon moved for approval of Ordinance
14 No. 04-485, amending Air Pollution Control Rules and Regulations,
15 which was introduced at the June 24, 2004, Regular Council
16 Meeting, as follows:
17 (ORDINANCE NO. 04-485)
18 Said motion was duly seconded by Councilman Watson.
19 President Russell called for the vote on the above
20 ordinance, and it was unanimously adopted.
21 President Russell stated it was the time and place in the
22 meeting for a public hearing on Ordinance No. 04-538, concerning
23 an ordinance to zone annexed land Neighborhood Business C-2 and
24 rezone land from Residence 2-B to C-2; both tracts being on the
25 north side of Drake Avenue, east of Triana Boulevard, which
26 hearing was set at the July 8, 2004, Regular Council Meeting.
0011
1 Ms. Linda Allen stated that the above ordinance involved a
2 tract of land located on the north side of Drake Avenue. She
3 stated that the property contained four mini-storage buildings.
4 She stated that half of the property had been previously annexed
5 and had been given a split zoning, the north part being
6 Residence 2-B and the south part being Neighborhood Business C-2.
7
8 She stated that recently the other half of the property had been
9 annexed and stated they were proposing that it be zoned
10 Neighborhood Business C-2 and that the zoning for the north part
11 of the tract also be changed to C-2. She stated this would
12 result in a unified zoning for the property and also make it
13 consistent with the other zoning in the area.
14 President Russell inquired as to whether there was anyone in
15 the audience who wished to speak concerning this matter.
16 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
17 Council, inquiring if the property abutted Triana Boulevard. He
18 asked if it would include the row of houses in the area.
19 Ms. Allen stated it only included the four public storage
20 buildings.
21 Mr. Cox inquired as to whether the public storage area had
22 previously been zoned as Residence 2-B.
23 Ms. Allen stated that half of it had been so zoned.
24 Mr. Cox asked what businesses could be included in the C-2
25 zoning.
26 Ms. Allen stated it was a wide variety of neighborhood-type
27 uses, such as grocery stores, drug stores, gas stations without
0012
1 repairs, florist shops, cleaners, and things such as this.
2 Councilman Watson moved for approval of Ordinance
3 No. 04-538, to zone annexed land Neighborhood Business C-2 and
4 rezone land from Residence 2-B to C-2; both tracts being on the
5 north side of Drake Avenue, east of Triana Boulevard, which was
6 introduced at the July 8, 2004, Regular Council Meeting, as
7 follows:
8 (ORDINANCE NO. 04-538)
9 Said motion was duly seconded by Councilwoman Moon.
10 President Russell called for the vote on Ordinance
11 No. 04-538, and it was unanimously adopted.
12 President Russell stated it was the time and place in the
13 meeting for a public hearing on a resolution authorizing the City
14 Clerk-Treasurer to assess the cost of abating a public nuisance
15 against certain properties.
16 Mr. Jerry Galloway stated that the resolution before the
17 Council identified 19 properties that had been in violation of
18 the City's grass and weed ordinance. He stated that they were
19 further identified under Attachment A by the name of the owner,
20 the location of the property, the date that Community Development
21 had had to take action, and the cost of such action. He stated
22 that in each case the owners had been notified of the violations
23 and had been given the required 14 days to remove the vegetation
24 and had failed to do so and that Community Development had been
25 forced to cut the properties. He stated that each owner had been
26 sent a bill to collect the cost and in each case the owners had
0013
1 failed to respond. He requested that an assessment be placed
2 against these properties at this time. He stated that the owners
3 had been notified of the proposed action at this time.
4 President Russell inquired as to whether there was anyone in
5 the audience who wished to speak concerning this matter.
6 There was no response.
7 Councilman Watson read and introduced a resolution
8 authorizing the City Clerk-Treasurer to assess the cost of
9 abating a public nuisance against certain properties, as follows:
10 (RESOLUTION NO. 04-604)
11 Councilman Watson moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Kling.
13 President Russell called for the vote on Resolution
14 No. 04-604, and it was unanimously adopted.
15 President Russell stated the next item on the agenda was
16 Public Hearings to be Set.
17 Councilman Kling read and introduced a resolution to set a
18 public hearing on the zoning of newly annexed land lying
19 generally along the west side of James Road and south of Miller
20 Lane to Residence 2 District, on September 23, 2004, as follows:
21 (RESOLUTION NO. 04-605)
22 Councilman Kling moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted.
25 Councilman Kling read and introduced Ordinance No. 04-606,
26 zoning newly annexed land lying generally along the west side of
0014
1 James Road and south of Miller Lane to Residence 2 District.
2 Councilwoman Moon read and introduced a resolution to set a
3 public hearing on the zoning of newly annexed land lying
4 generally on the north side of Hartside Road and on the east and
5 west sides of Victoria Hills Drive, south of Hartside Road to
6 Residence 1-A District, on September 23, 2004, as follows:
7 (RESOLUTION NO. 04-607)
8 Councilwoman Moon moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Watson.
10 President Russell called for the vote on Resolution
11 No. 04-607, and it was unanimously adopted.
12 Councilwoman Moon read and introduced Ordinance No. 04-608,
13 zoning newly annexed land lying generally on the north side of
14 Hartside Road and on the east and west sides of Victoria Hills
15 Drive, south of Hartside Road as Residence 1-A District.
16 Councilwoman Moon read and introduced a resolution to set a
17 public hearing on an amendment to the solid waste disposal plan
18 for the City of Huntsville, on September 23, 2004, as follows:
19 (RESOLUTION NO. 04-609)
20 Councilwoman Moon moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Watson,
22 and was unanimously adopted.
23 President Russell recognized Mr. Galloway, noting that he
24 had asked him to address the Council before the next item was
25 considered.
26 Mr. Galloway stated that the upcoming resolution concerned
0015
1 the first case that his department was bringing to the Council
2 under the state's new grass and weed ordinance, which allowed
3 them to declare a piece of property a public nuisance. He stated
4 that if they had cut such property and had sent a bill to the
5 owner and the owner had failed to pay, the Council, by
6 resolution, could authorize the tax collector to send out a bill
7 immediately. He stated that if this then were not paid, they
8 would have the right to sell the property to collect the cost.
9 Mr. Galloway stated that the particular property under
10 consideration was property that his department had been cutting
11 for many years. He stated that Community Development had set the
12 standard for a public nuisance that if they had to cut a property
13 three times in one calendar year, it would be determined that
14 that property had basically been abandoned by the owner, through
15 neglect and lack of maintenance. He stated that if a property
16 came up the fourth time with high grass, his department would
17 come to the Council and request that the property be declared a
18 public nuisance. He stated that under Attachment A to the
19 resolution he had identified the property, noting that it was a
20 vacant lot at the northwest corner of Clopton and Cedar Avenue.
21 He stated the owner of this property lived in Atlanta. He stated
22 there were also other properties of this owner which his
23 department would be bringing before the Council as they appeared.
24
25 He stated that he had inspected the property earlier in the day
26 and that it was approximately two to three feet tall in weeds.
27 He requested that the Council declare the property a public
0016
1 nuisance and set the public hearing for the next available date,
2 which he stated would be September 9, 2004.
3 Councilman Kling read and introduced a resolution to declare
4 grass and weeds on certain properties a public nuisance and to
5 set a public hearing on September 9, 2004, as follows:
6 (RESOLUTION NO. 04-610)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Watson,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to set a public hearing regarding the
12 2004 Local Law Enforcement Block Grant funds, on August 23, 2004,
13 as follows:
14 (RESOLUTION NO. 04-611)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 (Mayor Spencer leaves the meeting.)
19 President Russell stated the next item on the agenda was
20 Communications from the Public.
21 Mr. Marc Thrailkill appeared before the Council, stating
22 that he was president of the Huntsville Fire Fighters
23 Association, Jordan Lane. He stated that his remarks were to be
24 primarily addressed to the Mayor and that he regretted that she
25 was not in the room but stated that perhaps she could hear him.
26 Mr. Thrailkill stated that on Friday, July 30, 2004,
0017
1 Mayor Spencer had made a statement on WEUP Radio and also
2 statements in "The Huntsville Times" and on other radio and TV
3 media that he needed to comment on. He thanked Mayor Spencer for
4 telling Huntsville that he could say whatever he wanted but
5 stated that he would like to correct her by stating that the
6 First Amendment gave him that right and that he planned to use it
7 whenever he wanted to.
8 Mr. Thrailkill stated that Mayor Spencer had stated she gave
9 them all raises but noted that this was not correct, stating that
10 she had only reclassified fire fighters in drivers' positions.
11 He stated that Mayor Spencer's envoy, Joe Vallely, had met with
12 him to resolve what the fire fighters wanted. He stated that
13 they had agreed to stop picketing in exchange for the immediate
14 reclassification of fire fighters in the driver's position, with
15 the understanding that Mayor Spencer would form a commission to
16 study the fire and police departments' needs and an understanding
17 that she would finish the reclassification they were seeking.
18 Mr. Thrailkill stated that Mayor Spencer had not kept her
19 word. He inquired as to whether Joe Vallely had truly been her
20 envoy or if she was just saying anything to get them off the
21 picket line.
22 Mr. Thrailkill stated that he had had news media ask him if
23 it was political, and he stated that it certainly was, that
24 everything Mayor Spencer did was political. He stated that he
25 had been asked why he was doing this now at election time and
26 stated that he would reply to this. He stated that he had been
0018
1 gone for 16 months serving the country in the Army Reserves and
2 stated that at the first meeting he could attend at the City
3 following his return, he had found Mr. Vallely and had told him
4 he was back and wanted to know why they had not finished the deal
5 they had made. He stated that the answer to "Why now?" was
6 because it had been two years and they wanted what had been
7 promised to them.
8 Mr. Thrailkill stated that Mayor Spencer had stated in the
9 newspaper that she could not understand why anybody would
10 campaign against her. He stated that it was because she did not
11 keep her word. He stated that Mayor Spencer had made a statement
12 about disparity of services. He stated he was not afraid to
13 stand up and tell her that yes, there was, and that it started
14 right there in her own workforce. He stated that all she had to
15 do was look around, that disparity was all around them.
16 Mr. Thrailkill stated that the majority of the hardworking
17 City employees did not support Mayor Spencer, that, in fact, not
18 a single group of organized employees supported the Mayor. He
19 stated that this should send up a red flag to her and her staff.
20 President Russell stated that Mr. Thrailkill was getting too
21 personal.
22 Mr. Joffrion stated that it was also very campaign related.
23 President Russell asked Mr. Thrailkill to speak just
24 concerning the policies.
25 Mr. Thrailkill stated that it was not campaign related, that
26 it was about the reclassification.
0019
1 Mr. Thrailkill asked that Mayor Spencer and the City Council
2 finish the promises that were made, to correct the disparity in
3 Public Safety, and then to work on the rest of the city.
4 Mr. Thomas Townsend, 600 Eastbrook, appeared before the
5 Council, stating that on August the 2nd he had been arrested for
6 trespassing in his dwelling. He stated that six months prior his
7 mother had passed away and that he was the caretaker of the
8 estate. He stated that along with the house, he had inherited a
9 utility bill in the amount of $449. He stated that he had been
10 unemployed and had been working on Labor Ready, trying to eat.
11 He stated that he had been cited by Community Development and
12 that his house had been tagged. He stated that he had been
13 advised that if he would show them he was moving stuff out of the
14 house, they would take the tag off. He stated that in the
15 meantime an officer had come to his door and told him he had no
16 business in the house. He stated that this was the only place he
17 had to live. He stated that he had asked the officer where he
18 was supposed to go and the officer had advised him he did not
19 care if he went and slept under the bridge. He stated that in
20 his 52 years of living in Huntsville, he did not know how to live
21 homeless. He stated that he was in a situation at this time
22 where he did not know what to do.
23 Mr. Townsend stated that he was not asking for a handout or
24 anything such as that, that he was simply bringing this matter
25 before the Council because he did not know what to do in this
26 situation. He stated he had been arrested for trespassing. He
0020
1 stated that according to the mission statement for Community
2 Development, it said "Economic empowerment for lower income
3 persons, providing assistance to the special-needs segment of the
4 population." He stated that he had called Huntsville Utilities
5 and they had advised him there was nothing they could do because
6 the utility bill was still in his mother's name. He stated that
7 he had just started working for a local company and had been
8 working for approximately a week. He stated that he simply
9 wanted to have this matter delayed. He stated that he had been
10 told that if they caught him on the property, trying to cut the
11 grass, he would be arrested. He stated that if he could not go
12 and cut the grass and if the City cut it, that would add to the
13 cost. He stated that it seemed to him that in this situation he
14 would lose this property.
15 Mr. Townsend stated his mother had retired from the
16 Huntsville City Schools and that she had worked 35 years to build
17 this. He stated he just did not know how this matter was going
18 to work out and that was why he was bringing it before the
19 Council.
20 Councilman Kling stated he felt there should be a way
21 something could be worked out with Huntsville Utilities, that
22 perhaps this could be put on payments that Mr. Townsend could
23 afford. He stated that perhaps there was someone from Huntsville
24 Utilities present that could discuss this matter with
25 Mr. Townsend.
26 Mr. Townsend stated they would still have the situation with
0021
1 the police officer. He stated that one day he had come in from
2 work and an officer had walked in with a gun and at gunpoint had
3 demanded that he leave the premises. He stated that he had left
4 that day. He stated that the next time the officer had come, he
5 had knocked on the door, and he had let him in and that he had
6 been handcuffed and taken to jail for trespassing. He stated
7 that the house had been left to him by his mother and that that
8 was the only place he had to live. He stated that his address on
9 his identification was the same as this address and stated that
10 he could not understand the trespassing charge. He stated that
11 he had looked this up and that he had a definition of
12 trespassing.
13 President Russell stated that that would not be necessary to
14 read to the Council.
15 Councilman Kling inquired as to whether the title to the
16 property was in Mr. Townsend's name.
17 Mr. Townsend stated that he could not afford an attorney.
18 He stated that he was the only son but that he could not afford a
19 lawyer, that he could not get any help with this matter.
20 Mr. Joffrion stated that it appeared that this was a
21 combination of issues and problems that involved Huntsville
22 Utilities, the Police Department, and possibly Community
23 Development. He stated that it might be helpful if a
24 representative from these departments met with this gentleman
25 outside the Chambers to determine how much could be resolved in
26 terms of information gathering or what might be done at this
0022
1 time. He stated that perhaps some action items could come out of
2 such a meeting and they could move forward from there.
3 Councilman Showers stated Mr. Townsend had made it very
4 clear that he had no place to stay and asked if something would
5 be done immediately so Mr. Townsend would have someplace to sleep
6 on this night. He stated that this was his house and that he was
7 asking to pay the utility bill. He inquired as to whether it was
8 because the bill had not been paid that Mr. Townsend was being
9 cited.
10 Mr. Joffrion suggested that the department heads meet with
11 Mr. Townsend outside the Council Chambers at this time.
12 President Russell asked that the department heads meet with
13 Mr. Townsend at this time.
14 Councilman Watson stated that he and Councilman Showers
15 would like to be advised as to the status of this matter.
16 Dr. Sandra Lance, 204 Drummond Road, appeared before the
17 Council, stating that she had brought Mr. Townsend to the
18 meeting, after meeting him at a political rally. She stated that
19 she and Mr. Townsend were in the same boat, because they were
20 both afraid to go back to their residences for fear of being
21 arrested.
22 Dr. Lance stated that Mr. Townsend had been arrested and had
23 spent three days in jail because he could not afford to pay his
24 utility bill, that his home had been declared unsafe because he
25 could not afford to pay his utility bill. She stated that it did
26 not make any sense to her that the taxpayer should be paying for
0023
1 a person to be in jail while such person could be out working,
2 trying to make the money to pay the utility bill. She stated
3 that a Huntsville police officer had walked into his house
4 without his permission, violating his constitutional right to be
5 secure in his person, papers, and effects, without search and
6 seizure without due process of law. She stated that no one
7 should be made to feel they would be thrown in jail because they
8 could not afford to pay their utility bill. She stated that
9 Mr. Townsend did not have transportation and she had brought him
10 to the meeting and that he would not have known what to do if she
11 had not met him previously.
12 Dr. Lance stated that she appreciated the Council's
13 assistance to Mr. Townsend at this time. She stated that if she
14 had to she would go sit in front of his house so that he could
15 rest without being afraid the police were going to come in on him
16 because she knew exactly how he felt.
17 Dr. Lance stated that it was a bigger issue if the
18 Department of Community Development was going to proclaim it was
19 supposed to be helping poor people empower themselves and then
20 send police officers into their homes with their guns drawn,
21 telling them that they did not care if they had to live under a
22 bridge. She stated that this was not the mission statement of
23 the Department of Community Development. She stated it did not
24 make sense for an American who had property to be told it was
25 more safe to live without utilities under a bridge than to live
26 in one's own property without utilities.
0024
1 Dr. Lance stated Mr. Townsend had not mentioned to the
2 Council that he had had property stolen from him while he was in
3 jail against his will because he couldn't afford to pay his
4 utility bill. She stated Mr. Townsend was afraid to make a
5 report to the police because he was not supposed to be at the
6 house.
7 Dr. Lance stated that the analogies between Mr. Townsend and
8 herself were very clear because she, too, could not go back to
9 her residence because the police had violated her civil rights.
10 She stated that she had spent over an hour in an assistant city
11 attorney's office, of her own initiative, explaining in great
12 detail the manner in which she was aware that the Huntsville
13 Police were definitely violating her civil rights. She stated
14 she was concerned that this was still going on. She stated she
15 was not appearing before the Council just on her own behalf but
16 that she wanted to know that the Huntsville Police were not
17 assisting the Mental Health officers in violation of persons'
18 civil rights. She stated she could read the Codes and stated
19 that the Mental Health officers did not have the right to be
20 calling on the Huntsville Police to go with them to pick up
21 persons to put them in the Huntsville Hospital, noting that while
22 they were at the hospital their civil rights were being violated
23 because they were being evaluated by Randy Burleson and not a
24 licensed medical doctor.
25 Dr. Lance stated that this was a matter that she had
26 provided information to the Council members on previously and
0025
1 that she had previously appeared before the Council concerning,
2 as well as being at the City Attorney's office. She stated that
3 she would be back at the meetings every time until she knew that
4 something had been done and that the Huntsville Police were not
5 doing this to persons anymore. She stated that she would also
6 like to get this resolved so that she would also have a place to
7 lay her head. She stated that this had happened to her and that
8 she still did not have access to her residence.
9 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
10 Council, stating that she was sad that the TV station was not
11 televising this meeting because she wanted to tell all the people
12 of Huntsville that there was an election going on. She stated
13 that after she had heard what she had heard at the meeting, she
14 could understand why the TV cameras were not present. She stated
15 that if persons could not stand the heat, they did not need to be
16 sitting up front, because there was heat that came from the
17 public at times. She stated that they needed to be able to hand
18 it out and if they were going to hand it out, they needed to be
19 able to take it.
20 Ms. Reed stated that the TV cameras should have been present
21 and that she intended to find out why they were not.
22 Ms. Reed thanked all the television stations for allowing
23 community service to the political candidates, to attempt to
24 inform the public as to who was running for office.
25 Ms. Reed stated she hoped the public was aware of how each
26 Council member voted and what was going on, and could see the
0026
1 waste in the City. She stated that she had stood against the
2 TIFs and that she still stood against the TIFs. She stated that
3 she had taken a stand against Big Spring Park and she still stood
4 against Big Spring Park. She stated that if anyone wanted a big
5 city and wanted to move, she could help them move. She stated
6 that she did not want to live in a big city.
7 Ms. Reed stated that there was corruption going on in the
8 political campaign as far as the signs.
9 President Russell stated to Ms. Reed that she could not
10 campaign at this time. He asked her to please confine her
11 comments to the issues.
12 Ms. Reed stated she was not campaigning but that she wanted
13 the City to do its job when it came to picking up signs in the
14 city. She stated that Councilman Watson's signs were sitting in
15 the street on Holmes Avenue. She stated that she had flagged
16 those signs for two weeks and that she wanted them removed. She
17 stated that she wanted them removed on Jordan Lane and on
18 Holmes Avenue, since they were almost sitting in the roads. She
19 stated that they needed to do what was fair for everyone
20 concerning this matter.
21 (Mayor Spencer is now present in the Council Chambers.)
22 President Russell stated that the next item on the agenda
23 was Huntsville Utilities Items.
24 President Russell read and introduced a resolution
25 authorizing the purchase of Cascade software license
26 (P.R. KH-061804-01), as follows:
0027
1 (RESOLUTION NO. 04-612)
2 President Russell moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilwoman Moon read and introduced a resolution
6 authorizing contract for construction of secondary oil
7 containment for 6 electrical substation required by EPA
8 (W.O. 23354-G), as follows:
9 (RESOLUTION NO. 04-613)
10 Councilwoman Moon moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 President Russell stated the next item on the agenda was
14 Board Appointment Nominations.
15 Councilwoman Moon nominated Tristene E. Wessel-Robin for
16 reappointment to the Alabama Constitution Village/Historic
17 Huntsville Depot Board, for a term to expire June 26, 2007.
18 Councilwoman Moon nominated Rebekah Keith-McKinney for
19 reappointment to the Alabama Constitution Village/Historic
20 Huntsville Depot Board, for a term to expire June 26, 2007.
21 President Russell nominated Evans Quinlivan for appointment
22 to the Von Braun Center Board of Control, for a term to expire
23 August 27, 2008.
24 Councilwoman Moon nominated George Heeschen for
25 reappointment to the Burritt Memorial Committee for a term to
26 expire October 1, 2008.
0028
1 Councilwoman Moon nominated Denise Grayson for appointment
2 to the Burritt Memorial Committee, for a partial term to expire
3 October 1, 2008.
4 Councilwoman Moon nominated LeVon Nunn for appointment to
5 the Burritt Memorial Committee, for a partial term to expire
6 October 1, 2005.
7 President Russell stated the next item on the agenda was
8 Approval of Expenditures.
9 Councilman Kling read and introduced a resolution
10 authorizing the expenditures for payments, as follows:
11 (RESOLUTION NO. 04-614)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by President Russell,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution approving
16 travel for Councilman Bill Kling to attend the National League of
17 Cities 81st Congress of Cities and Exposition held in
18 Indianapolis, Indiana, November 30 through December 4, 2004, as
19 follows:
20 (RESOLUTION NO. 04-615)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution approving
25 travel for Councilwoman Sandra Moon to attend the National League
26 of Cities 81st Congress of Cities and Exposition held in
0029
1 Indianapolis, Indiana, November 30 through December 4, 2004, as
2 follows:
3 (RESOLUTION NO. 04-616)
4 Councilman Kling moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilwoman Moon,
6 and was unanimously adopted.
7 Councilman Kling read and introduced a resolution approving
8 travel for Councilman Richard Showers, Sr., or the District 1
9 representative, to attend the National League of Cities 81st
10 Congress of Cities and Exposition held in Indianapolis, Indiana,
11 November 30 through December 4, 2004, as follows:
12 (RESOLUTION NO. 04-617)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon,
15 and was unanimously adopted.
16 Councilman Kling read and introduced a resolution approving
17 travel for Councilman Glenn R. Watson, or the District 5
18 representative, to attend the National League of Cities 81st
19 Congress of Cities and Exposition held in Indianapolis, Indiana,
20 November 30 through December 4, 2004, as follows:
21 (RESOLUTION NO. 04-618)
22 Councilman Kling moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted.
25 President Russell stated that the next item on the agenda
26 was Communications from the Mayor.
0030
1 Mayor Spencer stated that it had been a great day on Monday
2 when the Huntsville High new school had opened up with in excess
3 of the number of students expected. She stated that school
4 enrollment was up in the city. She stated that there were more
5 than 1340 students who registered at Huntsville High School. She
6 stated that the plans had been for a 1200-person school. She
7 stated that this was because of TIF 2 and stated that it was
8 certainly rewarding to see that it had been such a success.
9 Mayor Spencer stated that on the prior Tuesday evening they
10 had recognized persons who had been supportive of the Sports
11 Commission at the Stars baseball game. She stated that as usual
12 the city was supported by volunteers and stated that this was the
13 reason it was such a success. She stated that the Sports
14 Commission was bringing in many wonderful sporting events.
15 Mayor Spencer stated that she would like to read into the
16 minutes a statement. She read as follows: "I want to say a few
17 things about our City employees tonight that I have said many
18 times before. We have many hard-working, dedicated employees in
19 every department here in the city. We have tried to offer the
20 best possible package of salary and benefits that we can afford
21 and still provide basic services to our citizens, which is our
22 obligation; support local education; and improve the quality of
23 life for all our citizens. All of our employees have benefitted
24 from cost-of-living raises; merit raises, when warranted; and
25 just recently an additional three percent steps to the salary
26 range. In addition, and specifically, the City has provided
0031
1 additional raises for fire fighters and police officer
2 classifications.
3 "I am proud that this administration and the City Council
4 have taken these measures. For example, in October of 1996, when
5 I came into office, a Huntsville fire fighter's top salary was
6 $31,762. Today a fire fighter's top salary is $43,180. That is
7 a 36 percent salary increase for Huntsville fire fighters. A
8 Huntsville police officer's top salary in October 1996 was
9 $33,405. Today, with the cost of living raises, merit raises,
10 and a reclassification, for those officers the top salary is
11 $47,486. That is an increase in salary of 42 percent. All of
12 our employees have received a 31 percent increase to the salary
13 range since 1996.
14 "We all have great responsibilities as elected leaders, but
15 the Mayor and the City Council both find it is our duty to
16 balance how we administer tax dollars for our citizens and for
17 those of our public employees. Seventy percent of the City's
18 budget is spent on salaries and benefits. There has to be a
19 balance."
20 President Russell stated the next item on the agenda was
21 Communications from Council Members.
22 Councilman Kling stated that the Huntsville Jaycees had
23 previously requested that the strip street from Johnson Road to
24 the Jaycee Building be designated as "Jaycee Way." He stated
25 that they had requested that the sign designating this be
26 installed before the upcoming Jaycee Fair. He stated that they
0032
1 had received notice from the Traffic Engineering Department that
2 they would be able to have the sign installed before this event
3 in September.
4 Councilman Kling stated that he thought that there was a
5 process in place of replacing the existing light bulbs in the
6 street lights at Sycamore and Hawthorne with brighter lights,
7 which he stated had been requested. He expressed appreciation to
8 Huntsville Utilities for working on this matter.
9 Councilman Kling commended the Planning Department, and
10 specifically Ms. Bostick, noting that there had been a large area
11 of property near McDonald School and adjacent to Triana Village
12 that there had been concern about for a long period of time that
13 public housing or multi-family housing would be located in this
14 area. He stated that Ms. Bostick had worked on this matter and
15 that there were now plans for a very good single-family housing
16 development that would be going into this area. He stated that
17 this would have to go through a future public hearing. He stated
18 that this was a good area because it had a good school nearby and
19 that Triana Boulevard provided easy access to the downtown area.
20 He stated that the Parkway was also easily accessible. He stated
21 that it was very heartening to see a growth project such as this
22 in the inner portion of the city, where housing would be
23 affordable.
24 Councilman Kling advised Ms. Reed that the decision as far
25 as Comcast broadcasting or not broadcasting the meeting did not
26 come from the Council but was the decision of Comcast.
0033
1 Councilman Watson expressed appreciation to Steve Abbott for
2 the excellent work his employees had been doing in the city. He
3 also expressed appreciation to Ralph Stone. He also stated that
4 Layne Vaughn did an excellent job in his position. He also
5 commended Karen Hill for the excellent work she did. He stated
6 that it was wonderful to work with persons who got their jobs
7 done.
8 Councilman Showers stated that the 10th Annual
9 Back-to-School Parade would be held on the following weekend,
10 hosted by the Joint PTAs in the north area of the city, for the
11 middle schools and elementary schools. He stated that the parade
12 would start in the parking lot of the old Winn Dixie on Blue
13 Spring Road and end at Johnson High School, where there would be
14 a great activity day planned for everyone. He encouraged
15 everyone to attend this event.
16 Councilman Showers stated that he had recently met at the
17 Showers Center with the citizens of the Meadow Hills neighborhood
18 and stated that there had been an excellent turnout for this
19 event.
20 Councilman Showers stated that the Joint Coalition of
21 Alabama A&M and the City and the CDC program at A&M had had a
22 ribbon-cutting earlier in the day to announce the opening of
23 Olympic Garden Apartments. He stated that he was certainly
24 pleased that affordable housing was being provided.
25 Councilman Showers stated that he was delighted with the
26 quality of the directors, leaders, and supervisors of the City
0034
1 departments. He stated that the prior week there had been some
2 information put out in the community that one of the fire
3 stations would be closed. He commended Chief Barkley and others
4 who had quickly dispelled this rumor, noting that the rumor had
5 been started for an obvious reason.
6 Councilwoman Moon expressed appreciation to the Legal
7 Department which she stated had been very helpful in addressing
8 the issue of what would be done with homeowners who had pools in
9 their yards that were left unattended for long periods of time
10 and would have become a real issue for property values and for
11 safety issues, and just a nuisance factor for surrounding
12 property owners who had to look at the pools, deal with the
13 vermin, and deal with the problems of the pools. She stated that
14 at this meeting she would be introducing an ordinance amending
15 the existing codes concerning this matter. She stated that it
16 would give Community Development the ability to enact this and to
17 follow up on the violations. She stated that this would be voted
18 on at the next meeting of the Council. She stated that the
19 Council had heard several issues concerned with Community
20 Development trying to give the city better neighborhoods.
21 Councilman Showers stated to Mr. Abbott that he wanted to
22 commend the work the City had recently done on Hall Avenue. He
23 stated they had done a very good job on this street.
24 Councilman Showers stated that he strongly endorsed
25 Councilwoman Moon's introduction of an opportunity to address the
26 pool situation, noting that he had been bombarded with concerns
0035
1 about this issue and that he would certainly be glad to have a
2 mechanism to deal with it.
3 President Russell stated that at the prior meeting the
4 Council had requested that Huntsville Utilities provide to them a
5 report on the method in which they prioritized outages, as far as
6 getting repairs done in the neighborhoods. He stated that this
7 report had been provided and that he had provided each of the
8 Council members a copy of this. He stated that he appreciated
9 having received this information from Huntsville Utilities.
10 President Russell stated the next item on the agenda was
11 Unfinished Business Items for Action.
12 President Russell moved for approval of a request for
13 authorization to fill budgeted vacant Equipment Operator III Crew
14 Leader vacancy at a rate higher than minimum, which request had
15 been postponed at the July 22, 2004, Regular Council Meeting
16 until this meeting.
17 Said motion was duly seconded by Councilman Kling.
18 President Russell called for a vote on the above motion, and
19 it was unanimously approved.
20 (Councilman Showers is no longer present at the meeting.)
21 President Russell stated the next item on the agenda was New
22 Business Items for Introduction. He stated that the Planning
23 Department had requested that their items be approved at this
24 meeting.
25 Councilwoman Moon read and introduced Ordinance No. 04-619
26 to amend Chapter 14, Health and Sanitation, Article V, Swimming
0036
1 Pools, of the Code of Ordinances, City of Huntsville, Alabama, as
2 adopted and approved on April 24, 2003.
3 President Russell read and introduced an ordinance
4 concerning the annexation of land lying generally on the west
5 side of Wall Triana Highway, north of East Gate Drive, as
6 follows:
7 (ORDINANCE NO. 04-620)
8 President Russell moved that unanimous consent be given for
9 the immediate consideration of and action on said ordinance,
10 which motion was duly seconded by Councilwoman Moon, and upon
11 said motion being put to vote, the following vote resulted:
12 AYES: Moon, Kling, Watson, Russell
13 NAYS: None
14 ABSENT: Showers
15 President Russell stated that the motion for unanimous
16 consent for immediate consideration of and action on said
17 ordinance had been unanimously carried.
18 President Russell thereupon moved that said ordinance be
19 finally adopted, which motion was duly seconded by
20 Councilman Watson.
21 Councilman Kling inquired as to why this matter was being
22 voted on at this meeting rather than at the next regular meeting
23 of the Council.
24 Ms. Allen stated that the above property was approximately
25 100 acres that had been purchased by the Huntsville Airport
26 Authority and stated that they would like to get this property
0037
1 into the city so they could commence work on the relocation of
2 Swancott Road.
3 President Russell called for the vote on the above
4 ordinance, and it was unanimously adopted.
5 President Russell read and introduced an ordinance
6 concerning the annexation of land lying generally at the
7 northwest corner of U.S. Highway 72 West and Balch Road, as
8 follows:
9 (ORDINANCE NO. 04-621)
10 President Russell moved that unanimous consent be given for
11 the immediate consideration of and action on said ordinance,
12 which motion was duly seconded by Councilman Kling, and upon said
13 motion being put to vote, the following vote resulted:
14 AYES: Moon, Kling, Watson, Russell
15 NAYS: None
16 ABSENT: Showers
17 President Russell stated that the motion for unanimous
18 consent for immediate consideration of and action on said
19 ordinance had been unanimously carried.
20 President Russell thereupon moved that said ordinance be
21 finally adopted, which motion was duly seconded by
22 Councilman Watson.
23 Councilman Kling inquired as to the rationale for the
24 Council considering this matter at this time.
25 Ms. Allen stated that this was an approximate 2.5-tract
26 located at the northwest corner of Highway 72 West and Balch
0038
1 Road. She stated that there was a drugstore under construction
2 on this site and that they would like to be able to connect to
3 City services.
4 President Russell called for the vote on the above
5 ordinance, and it was unanimously adopted.
6 President Russell read and introduced an ordinance
7 concerning the annexation of land lying generally on the east
8 side of U.S. Highway 431 South and east and south of Dug Hill
9 Road, as follows:
10 (ORDINANCE NO. 04-622)
11 President Russell moved that unanimous consent be given
12 for the immediate consideration of and action on said ordinance,
13 which motion was duly seconded by Councilwoman Moon, and upon
14 said motion being put to vote, the following vote resulted:
15 AYES: Moon, Kling, Watson, Russell
16 NAYS: None
17 ABSENT: Showers
18 President Russell stated that the motion for unanimous
19 consent for immediate consideration of and action on said
20 ordinance had been unanimously carried.
21 President Russell thereupon moved that said ordinance be
22 finally adopted, which motion was duly seconded by Councilman
23 Kling.
24 Ms. Allen stated that this was an approximate 56-acre tract,
25 located on Dug Hill Road, at Highway 431 South. She stated that
26 the owners had asked that it be annexed so that they could
0039
1 commence their subdivision plans. She stated that it was
2 proposed to be a residential community.
3 President Russell called for the vote on the above
4 ordinance, and it was unanimously adopted.
5 President Russell stated the next item on the agenda was New
6 Business Items for Consideration or Action. He stated that
7 item 15.4. had been deleted.
8 Councilman Kling noted that item 15.m. on the agenda
9 referred to a "C. Mark Russell" and stated that he would like to
10 clarify that that was not the same Mark Russell as President Mark
11 Russell of the Council.
12 Councilman Watson read and introduced a resolution
13 authorizing the Mayor to enter into an agreement between the City
14 of Huntsville and LIFT Housing, Inc., for HOME funds, as follows:
15 (RESOLUTION NO. 04-623)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement between the City
21 of Huntsville and Family Services for CDBG funds, as follows:
22 (RESOLUTION NO. 04-624)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution
0040
1 authorizing the Mayor to enter into an agreement between the City
2 of Huntsville and Crisis Services of North Alabama, Inc., as
3 follows:
4 (RESOLUTION NO. 04-625)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Mayor to enter into an agreement between the City
10 of Huntsville and Interfaith Mission Services, as follows:
11 (RESOLUTION NO. 04-626)
12 Councilman Watson moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Watson read and introduced a resolution
16 authorizing the Mayor to enter into an agreement between the City
17 of Huntsville and The Pathfinder, as follows:
18 (RESOLUTION NO. 04-627)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to enter into an agreement between the City
24 of Huntsville and Family Services Center, Inc., as follows:
25 (RESOLUTION NO. 04-628)
26 Councilman Watson moved for approval of the foregoing
0041
1 resolution, which motion was duly seconded by Councilman Kling,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the Mayor to enter into an agreement between the City
5 of Huntsville and The Salvation Army, Inc., as follows:
6 (RESOLUTION NO. 04-629)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Kling,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to enter into an agreement between the City
12 of Huntsville and LIFT Housing, Inc., as follows:
13 (RESOLUTION NO. 04-630)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Kling,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into an agreement with Election
19 Systems and Software, Inc., for rental of electronic voting
20 counting machines to be used during the August 24, 2004,
21 Municipal Election and any Municipal Run-Off Election needed on
22 September 14, 2004, as follows:
23 (RESOLUTION NO. 04-631)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.
0042
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into a Service Agreement between
3 the City of Huntsville and Motorola, Inc., for repair and
4 maintenance of the City's 800 mhz Infrastructure, as follows:
5 (RESOLUTION NO. 04-632)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into an agreement with Mail Abuse
11 Prevention System, LLC, for spam e-mail prevention via real time
12 DNS query, as follows:
13 (RESOLUTION NO. 04-633)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Kling,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into an Agreement with Tennessee
19 Valley Authority and other organizations for establishing and
20 funding a Flint River Watershed Coordinator for a minimum of
21 3 years, as follows:
22 (RESOLUTION NO. 04-634)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution
0043
1 authorizing the City Attorney to settle the claim of C. Mark
2 Russell with the City of Huntsville, Claim No. FY04-120, as
3 follows:
4 (RESOLUTION NO. 04-635)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Clerk-Treasurer to invoke Regions Bank sidewalk
10 Letter of Credit Number 24093 for Potters Mill Subdivision,
11 Phase I, as follows:
12 (RESOLUTION NO. 04-636)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the City Attorney to settle the claim of Fran Ward,
18 Claim No. 04-100, as follows:
19 (RESOLUTION NO. 04-637)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the Mayor to enter into a contract with the City of
25 Madison for WMD funding, as follows:
26 (RESOLUTION NO. 04-638)
0044
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Watson read and introduced a resolution
5 authorizing the acceptance of a $25,986 grant to provide funding
6 for the personal protective equipment and mobile mass
7 decontamination equipment, as follows:
8 (RESOLUTION NO. 04-639)
9 Councilman Watson moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling,
11 and was unanimously adopted.
12 Councilman Watson read and introduced a resolution
13 authorizing the acceptance of donation to Recreation and
14 Landscape Management in the amount of $2,615.50 from Huntsville
15 American League to be used to defray cost of backstop netting at
16 Fern Bell Park; and donation of $4,108 from Huntsville
17 International League to be used to defray cost of a storage
18 building at Mayfair Park, as follows:
19 (RESOLUTION NO. 04-640)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the Mayor to enter into agreements with the low
25 bidders meeting specifications as outlined in the attached
26 Summary of Bids for Acceptance, as follows:
0045
1 (RESOLUTION NO. 04-641)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to execute an application for a Voluntary
7 Group Vision Care Plan with CompBenefits Insurance Company for
8 City of Huntsville full-time employees and retirees, as follows:
9 (RESOLUTION NO. 04-642)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to amend the contract with H20 Construction
15 Co., Inc., for Forrest Hills Sanitary Sewer, Project
16 No. 65-00-SS12, by Change Order No. 1, as follows:
17 (RESOLUTION NO. 04-643)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into an agreement with G.W. Jones
23 & Sons, Inc., for Engineering Design Services for Holmes Avenue
24 and Pinhook Creek Bridge Improvements, Project No. 65-04-BR07, as
25 follows:
26 (RESOLUTION NO. 04-644)
0046
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with Johnson &
6 Associates, Inc., for Engineering Design Services, Meridian
7 Street, Phase I, Project No. 65-01-RD01 and STPOA-8539 (001), as
8 follows:
9 (RESOLUTION NO. 04-645)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an agreement with Johnson &
15 Associates, Inc., for Engineering Design Services for the Oakwood
16 Road, Rideout Road, and Old Monrovia Road Bike Lanes Widening,
17 Project No. 65-04-WP04 and STPTE-TE04(911, as follows:
18 (RESOLUTION NO. 04-646)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with Civil
24 Solutions, LLP, for Engineering Design Services for James Road
25 Sewer Extension, Project No. 65-04-SS06, as follows:
26 (RESOLUTION NO. 04-647)
0047
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with North
6 Alabama Baseball Association for football officials, as follows:
7 (RESOLUTION NO. 04-648)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into an Indemnification Contract
13 with USA Track & Field for Sanctioned Event Request for
14 Certificate of Liability Insurance, as follows:
15 (RESOLUTION NO. 04-649)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with Gaylord
21 Hotel Music City Bowl for the City of Huntsville to send four
22 Youth football teams to the Gaylord Hotel Music City Bowl on
23 December 31, 2004, as follows:
24 (RESOLUTION NO. 04-650)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0048
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to execute an Agreement between City of
4 Huntsville and Consolidated Construction Company, Inc., for
5 Change Order #1 to the contract dated April 6, 2004, for the
6 Huntsville Tennis Center, as follows:
7 (RESOLUTION NO. 04-651)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into a contract agreement of
13 employment between the City of Huntsville and Scott A. Rogers to
14 serve as a part-time Night Court Judge for a term of two years,
15 as follows:
16 (RESOLUTION NO. 04-652)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Mayor to enter into an agreement between the City
22 of Huntsville and the U.S. Department of Justice for the 2004
23 Local Law Enforcement Block Grant Award, as follows:
24 (RESOLUTION NO. 04-653)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0049
1 and was unanimously adopted.
2 Councilman Watson read and introduced an ordinance
3 authorizing the Mayor to establish an Advisory Board to review
4 the application for funding under the Local Law Enforcement Block
5 Grant Program, as follows:
6 (ORDINANCE NO. 04-654)
7 Councilman Watson moved for approval of the foregoing
8 ordinance, which motion was duly seconded by Councilman Kling,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to enter into an agreement with the Alabama
12 Department of Economic and Community Affairs, Law Enforcement
13 Traffic Safety Division, to apply for the Huntsville-Madison
14 County Strategic Counter drug (STAC) Team grant, as follows:
15 (RESOLUTION NO. 04-655)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Watson inquired of Ralph Stone as to how the four
20 city youth football teams would be selected under Resolution
21 No. 04-650.
22 Mr. Stone stated that they would use the 11 and 12-year-old
23 age division across the city and that they would pick one team
24 from each zone and stated that they would draw to see who would
25 represent the city at the Music City Bowl.
26 Councilman Kling read and introduced a resolution
0050
1 authorizing the Clerk-Treasurer to invoke First Commercial Bank
2 subdivision improvements Letter of Credit Number 707 for
3 Providence Subdivision, Phase I, as follows:
4 (RESOLUTION NO. 04-656)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson.
7 Mr. Joffrion stated that this was a routine letter of credit
8 to be invoked when improvements that were required to be made
9 pursuant to subdivision approval had not been fully completed.
10 President Russell called for the vote on the above
11 resolution, and it was unanimously adopted.
12 Councilwoman Moon read and introduced a resolution
13 authorizing the Mayor to execute a lease agreement between the
14 City of Huntsville and the Huntsville Heritage Foundation, Inc.,
15 as follows:
16 (RESOLUTION NO. 04-657)
17 Councilwoman Moon moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling.
19 Mr. Joffrion stated that this was the renewal of the
20 Big Spring Jam lease. He stated that it was usually adopted for
21 a number of years and that it expired in the current year and
22 that it was necessary to renew it in order to authorize
23 continuance of the Big Spring Jam.
24 Councilman Kling stated that he wanted to commend everyone
25 who had worked out the logistics so that this could still be held
26 with the construction of the hotel being ongoing.
0051
1 President Russell called for the vote on the above
2 resolution, and it was unanimously adopted.
3 Councilman Kling read and introduced a resolution correcting
4 Resolution No. 04-551, authorizing the execution, acknowledgment,
5 and delivery of a quitclaim deed and other documents by the
6 Huntsville-Madison County Railroad Authority to the City of
7 Huntsville, as follows:
8 (RESOLUTION NO. 04-658)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilwoman Moon.
11 Mr. Joffrion stated that they had been notified that the
12 survey description of the property referenced in Resolution
13 No. 04-551 had been in error and stated that this simply
14 corrected the legal description.
15 President Russell called for the vote on the above
16 resolution, and it was unanimously adopted.
17 Councilman Kling read and introduced an ordinance declaring
18 certain property as surplus and to be sold, as follows:
19 (ORDINANCE NO. 04-659)
20 Councilman Kling moved for approval of the foregoing
21 ordinance, which motion was duly seconded by Councilman Watson.
22 President Russell asked Mr. Abbott for an explanation of the
23 above item.
24 Mr. Abbott stated that this concerned four units that had
25 engine failures and stated that the cost of repairs would exceed
26 the value of the units.
0052
1 President Russell called for the vote on the above
2 ordinance, and it was unanimously adopted.
3 President Russell read and introduced an ordinance to amend
4 Budget Ordinance No. 03-785, adopted and approved on
5 September 30, 2003, by changing appropriated funding and the
6 authorized personnel strength within various departments, as
7 follows:
8 (ORDINANCE NO. 04-660)
9 President Russell moved for approval of the foregoing
10 ordinance, which motion was duly seconded by Councilman Kling.
11 Mr. Randy Taylor stated there were seven items they were
12 requesting that the Council amend the budget concerning. He
13 enumerated the items included in this request.
14 President Russell stated he needed further explanation
15 concerning the transfer of $250,000 from the maintenance of
16 drainage to the maintenance of streets. He stated these were two
17 issues that the Council dealt with quite a bit and that they felt
18 both needed to be funded. He stated it was difficult for him to
19 believe there was an extra $250,000 in the maintenance of
20 drainage.
21 Mr. Taylor stated that he would defer to Mr. Abbott on this
22 issue.
23 Mr. Abbott stated that there was approximately two months
24 left in the fiscal year and that any projects underway had
25 already been funded. He stated, also, that some of the ones that
26 they were working on on drainage were funded through the
0053
1 Engineering accounts. He stated that the resurfacing program had
2 exceeded their expectation and they were trying to obtain the
3 extra funding to subsidize the resurfacing program that they were
4 doing at this time. He stated that much of this had been done
5 in-house. He stated that for clarification on the drainage
6 maintenance, he would state this was not the ditch mowing or
7 herbicide effort, that it was purely the cost of doing piping,
8 et cetera, more of the infrastructure improvements to the
9 ditches. He stated this would not impact any work anticipated
10 between this time and the end of the fiscal year.
11 President Russell stated he did not understand why if they
12 had had $250,000 to spend on this type of maintenance, it had not
13 been planned and spent.
14 Mr. Abbott stated this was the same funding they had had the
15 prior year, primarily on ditch maintenance, and noted that this
16 year they had concentrated more on the road resurfacing. He
17 stated that, however, they had been doing the ditch maintenance,
18 also.
19 Councilman Kling stated he was in agreement with what
20 President Russell had stated. He stated he often went down
21 Johnson Road and saw the drainage ditch at Baywood Drive that was
22 not yet completed. He stated there were other things such as
23 this all over the city. He stated they would be commencing the
24 budget process in the next few weeks and stated that personally
25 he would do everything he could to work for road resurfacing and
26 drainage, et cetera. He stated the City had to make some tough
0054
1 choices and he felt President Russell had waved a red flag
2 concerning this issue.
3 President Russell stated he would support the ordinance at
4 this time but that he did want more discussion on this and
5 certainly a more detailed explanation at budget time.
6 President Russell called for the vote on Ordinance
7 No. 04-660, and it was unanimously adopted.
8 (Councilman Watson is no longer present in the Council
9 Chambers.)
10 President Russell read and introduced a resolution
11 authorizing the Mayor to amend the contract with APAC Southeast,
12 Inc., for Drake and Whitesburg Intersection Improvements, Project
13 No. ST-045-888-006 by Change Order No. 3, as follows:
14 (RESOLUTION NO. 04-661)
15 President Russell moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling.
17 Councilman Kling stated he understood that the Cedarhurst
18 Homeowners Association had a concern about landscaping issues
19 that needed to be resolved. He stated he wanted to make sure
20 that before this was closed out this matter would be addressed.
21 He stated he understood some trees had been cut by the contractor
22 that were not supposed to have been cut. He stated that if
23 Mr. Joffrion so advised, he would support attempting to recover
24 some of the damage costs from the contractor. He stated he just
25 wanted to make sure that the landscaping issues were addressed.
26 Councilman Kling stated that at the intersection of Airport
0055
1 Road and the Parkway access, going north, there were dividers in
2 the turn lanes and stated that these had worked very well. He
3 stated that perhaps these could also be used in the southeast
4 corner of the Drake and Whitesburg project, where one would be
5 coming off of Drake Avenue and turning right to go north onto
6 Whitesburg. He stated that there was an extra lane that had been
7 built in and that he had noticed that cars were somewhat hesitant
8 in this area. He asked that they look into this matter.
9 President Russell called for the vote on Resolution
10 No. 04-661, and it was unanimously adopted.
11 Councilwoman Moon read and introduced a resolution
12 authorizing the Mayor to amend the agreement with APAC-Southeast,
13 Inc., for Engineering Services for Old Monrovia Road by Change
14 Order No. 2, Project No 65-03-RD05, as follows:
15 (RESOLUTION NO. 04-662)
16 Councilwoman Moon moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling.
18 Mr. Ron Adams stated this concerned a minor change order for
19 the relocation of a water line that was broken.
20 President Russell called for the vote on Resolution
21 No. 04-662, and it was unanimously adopted.
22 Councilwoman Moon read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with G.W. Jones
24 & Sons, Inc., for Engineering Design Services for Clinton Avenue
25 and Pinhook Creek Bridge Improvements, Project No. 65-04-BR08, as
26 follows:
0056
1 (RESOLUTION NO. 04-663)
2 Councilwoman Moon moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling.
4 Mr. Adams stated that this project was necessitated by the
5 widening of Pinhook Creek, as a flood mitigation project that the
6 Corps of Engineers had ongoing. He stated that both the Clinton
7 Street and the Holmes Avenue bridges would be lengthened
8 approximately 60 feet.
9 President Russell called for the vote on Resolution
10 No. 04-663, and it was unanimously adopted.
11 President Russell read and introduced a resolution
12 authorizing and requesting the Mayor to make application to the
13 Alabama Department of Economic and Community Affairs for funds in
14 an amount not to exceed one hundred and fifty thousands dollars
15 ($150,000) to be used to build an interpretive center at the Hays
16 Nature Preserve, as follows:
17 (RESOLUTION NO. 04-664)
18 President Russell moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon.
20 Mr. Ralph Stone stated that this was a land and water
21 conservation fund grant application that they would be
22 submitting. He stated that if it were received, there would be
23 matching dollars associated with it. He stated they would use
24 their capital allocation that was already designated for the
25 Hays Preserve over the next couple of years for this. He stated
26 it would be a visitors center to greet persons coming to the
0057
1 preserve. He stated that at this point it was still under
2 design.
3 Councilwoman Moon stated she thought this was a great
4 project. She inquired as to whether they were seeing any
5 attendance increase at the Preserve.
6 Mr. Stone stated that the Hays Preserve was doing very well,
7 that there were quite a few activities underway there that the
8 public was enjoying. He stated that on the following day there
9 would be a public hearing in the Council Chambers at 4:00 and
10 5:30 p.m. to discuss the grant application. He encouraged anyone
11 who would like to come and be a part of this hearing to do so.
12 Councilman Kling suggested that canoe rentals might be done
13 at the Preserve, noting that perhaps they could obtain a private
14 vendor for this service.
15 Ms. Susan Weber appeared before the Council, stating that in
16 their long-range plans they did have a canoe delivery place, to
17 be put in at the east end of the Preserve. She stated that at
18 this time they were not allowing canoe delivery people to have an
19 active business in the area because the banks were too steep
20 everywhere else in the Preserve, so that it would not be safe for
21 a canoe delivery area except for the area where they planned to
22 put it in, near Old Highway 431. She stated that she hoped that
23 this could be done within the next two years.
24 President Russell called for the vote on Resolution
25 No. 04-664, and it was unanimously adopted.
26 President Russell stated the next item on the agenda was
0058
1 Legal Department Items/Transactions.
2 Councilman Kling read and introduced a resolution to vacate
3 two Utility and Drainage Easements between Lots 3 and 4, Block 3,
4 Bucks Canyon Subdivision, 6th Addition, Plat Book 16, Page 49.
5 (3028 and 3030 Box Canyon Rd; D. Windsor), as follows:
6 (RESOLUTION NO. 04-665)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by President Russell,
9 and was unanimously adopted.
10 Councilman Kling read and introduced a resolution to vacate
11 Utility and Drainage Easement, Lot 98, Providence Phase I,
12 Part B, Plat Book 46, Page 57 (Meeting St.; Slyman Construction
13 Co, Inc.), as follows:
14 (RESOLUTION NO. 04-666)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by President Russell,
17 and was unanimously adopted.
18 President Russell inquired as to whether there were any
19 Non-Roster Communications from the Public.
20 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
21 Council, stating that he had intended to wait until after the
22 upcoming election to bring some issues before the Council. He
23 stated, however, that he would be coming before the Council to
24 address the issues of the dumpsters. He stated that he had
25 intended not to address this at this time but noted that earlier
26 as he was coming into the meeting he had met Councilman Watson
0059
1 and that he had informed him that they were going to be
2 adversaries because he had raised the issue of the dumpsters. He
3 stated that now Councilwoman Moon was getting on the fast track
4 to take care of swimming pools. He stated that he wished the
5 problem he had was a swimming pool but stated that the problem he
6 had was dumpsters. He stated that for more than a month he had
7 been trying to get a dumpster problem addressed. He stated that
8 the dumpster was owned by a person who had come to a work session
9 and had swayed most of the Council members. He stated that the
10 apartment owners had begged the Council to enforce the dumpster
11 laws but the Council would not do so.
12 Mr. Cox stated that for a month his community had been
13 troubled by a dumpster that was owned by one of the apartment
14 owners who had come to the Council and gotten the ordinance
15 changed. He stated that they had finally cleaned up the dumpster
16 but what they had done then was to move a lot of the stuff over
17 on the side of the road, hoping the City would pick it up. He
18 stated that the City did not pick it up, as they should not have.
19
20 He stated that then they had moved the junk on the other side of
21 the road, which was serviced by the City. He stated that for a
22 month every time he went home, along with 250 other residents, he
23 had to look at this junk sitting on the side of the road. He
24 stated it sure appeared that the Watson ordinance was not
25 working. He stated he hoped Councilwoman Moon's swimming pool
26 ordinance would work a lot better than the ordinance she had
27 voted for concerning the dumpsters.
0060
1 Mr. Cox stated they had several pictures to take and that
2 for the next several Council meetings he would spend his three
3 minutes discussing the problem about the dumpsters. He stated
4 the problem was still there, that it was worse.
5 Councilman Kling stated he had been in contact with Mr. Cox
6 concerning this situation and stated he believed that Sgt. Mark
7 Roberts had been out on the scene. He stated that the last he
8 had heard from Sgt. Roberts was that the apartment owner was in
9 compliance at this time. He inquired of Mr. Cox if it was still
10 reoccurring.
11 Mr. Cox stated that earlier in the evening, as he came to
12 the meeting, he observed the dumpster and that it was as bad as
13 it was, although it was not the same junk as it was a month
14 prior.
15 Councilman Kling stated he wanted to verify that they were
16 talking about the same apartment owner.
17 Mr. Cox stated it was the same apartment owner, the same
18 dumpster.
19 Mr. Cox stated that during Armed Forces Week when the
20 soldiers had come to the concert in the park, every one of them
21 would have had to have passed by this trash, they had seen it
22 coming and going.
23 Mr. Cox asked why the Council could not realize that they
24 had to do something about this situation. He stated that their
25 neighborhoods deserved to be treated just as well as the
26 neighborhoods that were a little more middle class or upper class
0061
1 that had swimming pools.
2 Councilman Kling stated that he would like for the record to
3 reflect that Sgt. Mark Roberts, at his request, had been out to
4 talk to the apartment owner concerning this problem Mr. Cox had
5 referred to. He stated that if this type problem had occurred
6 that frequently, this should qualify under the habitual offender
7 situation, that it was not a one-time occurrence, and that the
8 matter should be looked into.
9 Mr. Clarence Flint, 2111 Norris Road, appeared before the
10 Council, stating he had been with the City for approximately 33
11 years. He stated that never had he seen the morale of the City
12 employees that he worked around so low. He stated that he had
13 addressed this question to the Mayors' forum previously, being
14 the question he was about to present to the Council.
15 Mr. Flint inquired as to whether there was any way the
16 Council could find some funding to help with the retirees'
17 insurance. He stated it continued to go up, that it was jumping
18 up approximately 40 percent, at $517 a month. He stated that
19 some employees did not even take this much home. He appealed to
20 the Council, stating he felt there was some money available for
21 this. He stated that he had heard through the media that the
22 Council found money somewhere to sponsor plans they had,
23 including the Big Spring situation. He stated that the Mayor had
24 mentioned that there was money to do what needed to be done in
25 that area. He stated that, therefore, there must be some money
26 that could be earmarked for helping the retirees. He stated that
0062
1 they had worked long years with the City and then retired and
2 then had to go back to work to pay for their insurance.
3 Mr. Flint stated that certainly there were ways something
4 could be done by this. He noted he had been told there was a
5 Class 15 grass policeman that was going around telling people
6 they needed to cut their grass. He stated that they should let
7 him do that, with his salary, and earmark those funds for the
8 retirees. He stated he had heard that someone had been
9 contracted to poison grass and someone to hang the banners up on
10 the poles coming into the city, advertising certain things, such
11 as Big Spring Jam and Panoply. He stated that some of this work
12 could be done by the City employees and this money could be
13 earmarked to the City Employees Retirement Fund.
14 Mr. Flint stated there was another item he would like to
15 bring to the attention of the Council members. He stated that
16 some years prior, when perhaps some of the Council members were
17 not serving on the Council, he understood the Hilton people had
18 come to the Council for a bailout. He stated he was not sure if
19 this was true but that he understood that somehow the Council had
20 helped them, had bailed them out. He stated that they bailed
21 them out because it meant their jobs. He stated that they had
22 helped build them out of a financial crisis.
23 Mr. Flint stated that the hotel developer had sued the City
24 some years ago and now he was back, getting more money put in his
25 pocket and that the Council was helping him do this.
26 Mr. Flint asked if the Council could help the retirees by
0063
1 earmarking some of this money that was going for all these
2 different plans, so they could help the retirees when they
3 retired, so they could have something to look back on and not
4 have to go back to work. He stated that the City retirees were
5 paying higher premiums than other persons in the area, including
6 3M, Monte Sano, PPG, and the Utilities. He stated these persons
7 were all paying less than what the City employees were being
8 required to pay. He stated he was certain there was some money
9 in the city that could be earmarked to help the retirees. He
10 stated the question was would the Council do it and, if so, when
11 they would do it. He stated that perhaps there would be some
12 change in the administration and he would be back then.
13 Mr. Flint stated that City employees had been seen riding
14 around in Ford Explorers and SUVs. He questioned whether City
15 employees needed to ride around in SUVs, Trailblazers, et cetera.
16
17 He stated that every department did not need 4x4 vehicles.
18 Ms. Jackie Reed appeared before the Council, questioning the
19 use of the park for the Big Spring Jam, or whatever. She noted
20 that this was City land and stated she felt the city should take
21 some money for such events. She stated that the City was not
22 aware of what was being taken in or what was going out at such
23 events. She stated that they needed to see some paperwork and
24 they needed to be able to take in some of this money.
25 Councilman Kling inquired as to whether it might be
26 beneficial if the City retirees were pooled with the regular City
27 employees for insurance purposes.
0064
1 Mayor Spencer stated that was being done at this time and
2 was the reason the rates were what they were.
3 Councilman Kling asked if this meant the rates were lower
4 than they would be if they were under separate coverage.
5 Mr. Hatfield stated that was correct, noting that when
6 Mayor Spencer had come into office the retirees and the actives
7 were under two different plans. He stated that at that time the
8 retirees' insurance premium was approximately $300 and was going
9 to be increased to seven or eight hundred dollars. He stated
10 that the mayor had combined these and had brought the premium
11 down. He stated that if she had not done this, he did not know
12 what the rates would be at this time but noted they would be much
13 more than what they were at this time.
14 Ms. Bernice Burnett, 2405 Green Hill Drive, appeared before
15 the Council, stating that a couple of months prior she and her
16 husband had indicated to their City Councilmen that they had had
17 a problem on their street with speeders. She stated that they
18 had been referred to the City Engineer and stated that they had
19 gone to the City Engineer and been provided the process that they
20 would have to go through in order to get speed tables on their
21 street. She stated that they had gone through the process, that
22 they now had the speed tables, and that they were quite pleased.
23
0065
1 Upon motion, duly seconded, it was voted to adjourn.
2
3
4
5 _____________________________
6 PRESIDENT OF THE CITY COUNCIL
7
8 ATTEST:
9
10
11
12 ______________________________
13 CITY CLERK-TREASURER
14
15