HOOVER CITY COUNCIL MINUTES OF MEETING

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1 DATE: TIME: 6:00 P.M. PLACE: Hoover Municipal Center PRESENT: HOOVER CITY COUNCIL MINUTES OF MEETING Mayor Gary Ivey Mr. Jack Wright, Council President Mr. Brian Skelton, Council President Pro-Tempore Mr. John Greene, Council Member Dr. Trey Lott, Council Member Arrived at 6:08 p.m. Mr. John Lyda, Council Member Admiral Jack Natter, Council Member Mr. Gene Smith, Council Member ALSO PRESENT: Mr. Charlie Waldrep, City Attorney Ms. April Danielson, Waldrep Stewart & Kendrick Ms. Leslie Klasing, Waldrep Stewart & Kendrick Mr. Nic Waddell, Waldrep Stewart & Kendrick Mr. Tommy Daniel, Director, Public Works Chief Nick Derzis, Police Chief Ms. Patricia Guarino, Library Mr. Bob House, House Consultants Mr. Mike Lewis, Acting Director, Human Resources Mr. Rod Long, City Engineer Mr. Frank Lopez, Director, Revenue and Taxation Dr. Melinda Lopez, Director, Information Management & Reporting Mr. Craig Moss, Director, Parks and Recreation Mr. Allen Pate, Executive Director Mr. Ben Powell, Purchasing Director Mr. Don Reilly, Director, Inspection Services Mr. Tim Westhoven, Assistant Executive Director Mr. Bill White, Director, Technology Chief Chuck Wingate, Fire Chief Mr. Robert Yeager, Finance Director The meeting was called to order by Jack Wright, Council President. The City Clerk had roll call and a quorum was present. The City Clerk gave the invocation. The Pledge of Allegiance was led by the boy scouts, cub scouts, and their leaders who were present for the Veterans Week recognition report. 1. REPORTS The City Attorney read a Proclamation proclaiming the month of November, 2014 as Epilepsy Awareness Month. The framed proclamation was presented to Wyatt Wilbanks,

2 Page 2 a young boy who suffers from epilepsy. Wyatt was joined by his parents, Wes and Alicia Wilbanks, and his sisters Katie Mae and Ashley. The family had their picture taken with Mayor Ivey. Mayor Ivey appointed Mr. Mark Schroeter to the Planning and Zoning Commission to fill the vacancy created by the resignation of Matthew Lemak. Mr. Wright asked Mr. Schroeter to stand and be recognized at this time. Admiral Natter made a motion to reappoint Eloise Martens and Sara Rast to the Library Board. This motion was seconded by Mr. Skelton. On voice vote the motion carried unanimously. Mr. Wright stated the city celebrated Veterans Week last week with great success. He recognized Lt. Trey Bass at this time. Lt. Trey Bass, Hoover Police Department, and member of the Veterans Committee presented Veterans Week Recognition awards. Lt. Bass thanked Committee Chairman, Robert Beaty, who was unable to attend the meeting. He noted that the Hoover Veterans Committee is comprised of military members, former military members and community leaders that want to come together and show their gratitude for the people who have served our great country in the armed forces. This year they celebrated the 10 th Anniversary of Veterans Week events and it was very successful. He said the support they received from the city and the citizens was incredible and he was very touched with what they were able to do. The events included a poster competition in the schools as well as a flag ceremony every day at the Library flag pole. He asked all Veterans Committee members who were present to stand and be recognized at this time. They received a round of applause. Lauren Floyd, Hoover Public Library, stated Veterans Week events included a poster competition. She said 15 students from Hoover City Schools system will be awarded a $25 gift certificate to Barnes as well as a certificate from the Library. The poster contest winners were as follows: Kaitlynn Ball, 3 rd Grade, Gwin Elementary Danielle Barnes, 3 rd Grade, Green Valley Elementary Tyson Batchelor, 2 nd Grade, Gwin Elemenatary Bentley Bowers, 12 th Grade, Spain Park High School Briggs Dickson, 2 nd Grade, Gwin Elementary Wyatt Elliott, 5 th Grade, Gwin Elementary Macklin Feather, 6 th Grade, Berry Middle School Abby Ferrell, 11 th Grade, Spain Park High School Bear Gregory, 4 th Grade, Gwin Elementary Hamza Hamid, 5 th Grade, Gwin Elementary Miley Hardison, 2 nd Grade, Gwin Elementary Brannon Jones, 11 th Grade, Spain Park High School Ozair Patel, 11 th Grade, Spain Park High School Madeline Spraul, 3 rd Grade, Gwin Elementary Jada Williams, 6 th Grade, Berry Middle School

3 Page 3 The students received a round of applause and had their picture taken with the Lt. Bass and the City Council. Pam Wilson, Hoover Public Library, then honored the following boy scouts and girl scouts who served at the flag folding ceremonies as follows: Girl Scout Troop #30117 Leaders, Ann Batten and Cynthia Stafford. Girl Scout participants: Allie Stafford, Jane Bae, Ella Reed, Mimi Batten, Lydia Burn, Avery DeBerry, Ariel Johnson. Boy Scout Troop #23 Leaders, Darryl Dinkel and Ted Moyer. Boy Scout participants: Jonathan Dinkel, Carson Owen, JT Foster, Christian Pegouske, Connor Smith, Hunter Hongan, Aidan Shriver, Connor Holt, and Bradley Marai. Cub Scout Pack #393 Leaders, Billy Curtis, Angie Smith, and Steven Caden. Cub Scout participants: Ian Smith, Patrick Casey, Jordan Curtis, Aiden King, C J Okon, Tyler Raegan, Zachary King, Mitchell King, Bentley Siddell. Cub Scout Pack #93 Leaders, Carlton Watts, David Crossman and Scott Naftel. Cub Scout participants: Parker Crossman, Gabe Lipsey, Alex Brockmann, Kevin Brockmann, Aiden Naftel, Nate Street, Felipe Ferrer, Sam Whittington, Conrad Feng, Sam Whitlock, Aiden Bergeron, Josiah Whitlock, Caleb Crossman. Girl Scout Troop #372 Leaders, Debra Lockridge and Sara Cornnett. Girl Scout participants: Aaliyah Johnson, Capra Lockridge, Mary Alyce Cornette, Chandler Smedley, Saleena Jan. Lt. Bass concluded by sharing with the children present about his time of service in the Middle East and how the children there reacted to his presence with smiles and hugs and it made him realize that these children were the future of this war torn area and the hope for peace. He reminded the children present that they too are the future of this country and encouraged them to continue on the path they had begun. He thanked them for their participation in the Veterans Week activities. 2. APPROVAL OF MINUTES Mr. Wright stated each member of the Council had previously received a copy of the minutes of the November 3, 2014 regular meeting and the November 13, 2014 work session. Mr. Smith made a motion that the minutes be approved as presented and to dispense with the reading. This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 3. RESOLUTION NO ADOPT BUDGET FYE 9/30/15 The City Attorney read Resolution No This would adopt the Budget for Fiscal Year Ending September 30, Mr. Smith stated that each year upon seeing the budget there is always something that he wished he could have done better, but the funding is what it is when you have it. He

4 Page 4 personally thanked the Mayor and his staff for providing the budget. He said that overall with fifty square miles and 85,000 residents he felt this was probably one of the most balanced budgets since he had been office. Mr. Smith then made a motion to approve Resolution No Mr. Greene said he regretted that this budget did not include increased funding for the Hoover City Schools. He said it was his opinion that there is room in this budget to increase the funding for the schools and still maintain quality services now provided to the citizens as well as fund the employees cost of living raise. Mr. Wright called for a second to the motion made by Mr. Smith. Mr. Skelton seconded the motion. Mr. Wright called for discussion from the Council. There being none, he called for discussion from the audience. Mr. Dennis Quirk stated he was a resident of Hoover with three young children in the Hoover City Schools. He inquired as to how the level of $2 million was determined each year from 2004 forward. Mr. Wright stated Hoover City Schools received $85.6 million in 2007 from the one cent sales tax that was passed by Jefferson County which raised their fund balance to $150 million plus. The city reduced its share to $2 million since all of the money the city gave would be added to the school system s surplus. The $2 million appropriated from the city each year would allow the Hoover City Schools to draw down its money to a rate greater than or equal to the previous funding of $8 million for twelve years beginning fiscal year That leaves five years to go on equal funding with that sales tax. Mr. Quirk stated that each line item of Hoover s budget had increased significantly since He asked Mr. Wright at what point in time did he feel as though the education system would require a rise to a level of priority where the funding would increase. Mr. Wright answered when they request it. He stated the City of Hoover has $32 million in reserves in its operating account at the moment and the schools have $90 million. Mr. Quirk stated he was aware of that but they are running a deficit every year with a 23% increase in enrollment and reduced federal and state funding. He felt that while the city cannot control what the federal or state government will do it can control what the city does to support the school system. Mr. Wright noted that the school system is running an operational deficit. Mr. Quirk noted that it would not be long before that deficit catches up. Mr. Wright stated the deficit is currently in the $6 million range so there is no danger to our school system. The school system needs to require three months of reserves, which is $37 million. So, to that extent, they are about $47 million to the good and overfunding in their reserves. He said that two weeks ago Mr. Craig personally expressed to him that the school system is in wonderful financial shape and made no request for additional funds. Since Mr. Craig currently runs the school system and there has been no request for additional funding it is a moot point to ask the Council for additional funding. Mr. Quirk asked would he consider additional funding if the new superintendent requested it. Mr. Wright said absolutely, if it were justified with their budget. Mr. Wright also pointed out that the budget is simply a blueprint. The city has never finished a year with a budget approved by the Council at the end of the year because

5 Page 5 expenses and revenues change. There are amendments to the budget every year. The Council knows how to amend the budget and it can be done at any Council meeting. All the Council is looking at tonight is passing a balanced budget, a blueprint that is subject to change every month. The Council is going to be flexible and balanced with the budget but it is not going to raise taxes and not going to spend taxpayers money unwisely. Mr. Quirk said he appreciated the opportunity to speak to the Council. In closing, he said that no governmental agency or business ever has enough money to fund all of its needs. It is a matter of priority. He said he appreciated the Council s willingness to listen to whoever the new superintendent may be because he felt that increased funding is a real need for the Hoover community. The children are our future. He said money is not the only answer but it does help. Mr. Wright thanked him for coming and said he appreciated his questions. Mr. Dan Fulton, a Bluff Park resident since 1956, said he reviewed the budget and he felt there was more money for the Hoover schools. He asked Mayor Ivey to explain the purpose of the $2 million for sports facilities. Mayor Ivey stated the city has a lot of sports fields and they are overcrowded. We have children playing ball until midnight. The city is looking at a lot of sports fields and upgrades to try to alleviate that for our children. Mr. Fulton agreed that was very important but he felt that a pre-kindergarten program was more important. He said the city has the resources to provide a universal pre-k program. He said that Governor Bentley has promoted universal pre-k for the entire state but it is very limited. In his opinion, the City of Hoover has the resources to take that program and fully implement it in Hoover. Mr. Fulton said he was sure that Mr. Craig would have told Mr. Wright in meetings with him that the schools needed more money. Mr. Wright said he did not. He said Mr. Craig has $90 million. He is running a deficit in his operational spending. Mr. Fulton asked Mr. Wright if he was saying that Mr. Craig should use the money in reserves to fund a pre-k program. Mr. Wright stated that any question to the Council concerning pre-k would be the wrong approach because this Council has no authority over the school system. The school system is a subcontract under the State Board of Education. The Hoover Board of Education was appointed by the City Council but it is hands off at that point. Mr. Fulton disagreed. He said the council members can talk to school board members and they did so recently at an event held in Bluff Park. Mr. Wright stated that any movement regarding a pre-k program would come from the superintendent with the Board of Education, not the City Council. Mr. Fulton accused Mr. Wright of playing games. Mr. Skelton stated that if following the law and obeying the law is playing games then he wished Mr. Wright would continue to play games. Mr. Fulton said he knew that the council members could not force the school board members to do anything but they can talk to them. Mr. Skelton reminded Mr. Fulton that state law prohibits council members from interfering in school board decisions once the school board members are appointed. He said that to accuse the President of the Council of playing games with our children is absolutely outrageous. Mr. Fulton said the city is going to try to attract a top superintendent for the Hoover schools. He said he strongly questioned whether they would find anyone interested with a council that wants to play games and is not really showing full support of the Board of Education.

6 Page 6 Mr. Wright asked Mr. Fulton what the Hoover school system is doing without. Mr. Fulton said we do not have pre-k, ideal class sizes, or enough counselors. Parents are responsible for outrageous fees and long supply lists. He said it was disgraceful and he wanted the Council to know how he felt about them. Mr. Wright thanked him for his comments. There being no further discussion, Mr. Wright asked the clerk to call the roll. On roll call vote of the Council the votes were as follows: Mr. Greene, Nay ; Dr. Lott, Yea ; Mr. Lyda, Yea ; Admiral Natter, Yea ; Mr. Skelton, Yea ; Mr. Smith, Yea ; and Mr. Wright, Yea. The motion carried. 4. RESOLUTION NO BID NO BALLISTIC VESTS/CARRIER PLATES The City Attorney read Resolution No This would award Bid No for Ballistic Vests/Carrier Plates to GT Distributors, Inc. in the amount of $77,875.00; theirs being the lowest responsible bid meeting all specifications and requirements. Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 5. RESOLUTION NO BID NO WASTEWATER SYSTEM MANAGEMENT OPERATIONS AND MAINTENANCE SERVICES The City Attorney read Resolution No This would award Bid No for Waste Water System Management Operations and Maintenance Services to Clearwater Solutions in the amount of $788,000.00; theirs being the lowest responsible bid meeting all specifications and requirements. This would also authorize the Mayor to execute a contract with Clearwater Solutions for the work to be performed. Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 6. RESOLUTION NO SEVERE WEATHER PREPAREDNESS SALES TAX HOLIDAY 2015 The City Attorney read Resolution No This would provide for the implementation of the Severe Weather Preparedness Sales Tax Holiday beginning at 12:01 a.m. on Friday, February 20, 2015 and ending at 12:00 midnight on Sunday, February 22, Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 7. RESOLUTION NO AUTHORIZE MAYOR TO EXECUTE AGREEMENT WITH QCHC, INC. TO PROVIDE HEALTH SERVICES TO INMATES IN HOOVER CITY JAIL The City Attorney read Resolution No This would authorize the Mayor to execute agreement(s) with QCHC, Inc. to provide health services to inmates in the City s jail facility.

7 Page 7 Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. Mr. Smith stated it was discussed at work session that the contract is based on an average of 45 inmates. He wanted to verify that the amount would remain the same if that number increased. The City Attorney stated it is a flat amount in the contract no matter whether the number increases or decreases. There being no further discussion, on voice vote the 8. RESOLUTION NO ACCEPT GRANT FOR PROPOSED HOOVER FLOODPLAIN MANAGEMENT PLAN The City Attorney read Resolution No This would accept a grant for a proposed City of Hoover Floodplain Management Plan. Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 9. RESOLUTION NO AUTHORIZE MAYOR TO EXECUTE CLAIMS SERVICE CONTRACT WITH ALTERNATIVE SERVICE CONCEPTS, LLC The City Attorney read Resolution No This would authorize the Mayor to execute a Claims Service Contract with Alternative Service Concepts, LLC. Mr. Smith made a motion to approve Resolution No This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the Mr. Wright explained to the audience that all items on the agenda were discussed at length at the work session on Thursday. 10. RESOLUTION NO AUTHORIZE MAYOR TO EXECUTE SUBSCRIBER SERVICES AGREEMENT WITH XCELIGENT, INC. TO PROVIDE COMMERCIAL DATABASE OF AVAILABLE PROPERTIES IN CITY LIMITS The City Attorney read Resolution No This would authorize the Mayor to execute a Subscriber Services Agreement with Xceligent, Inc. to provide a searchable, comprehensive commercial database of available properties located within the city limits of Hoover. Mr. Skelton made a motion to approve Resolution No This motion was seconded by Admiral Natter. Mr. Wright called for discussion. There being none, on voice vote the 11. FIRST READING ORDINANCE NO GRANT WATER FRANCHISE TO BIRMINGHAM WATER WORKS BOARD AND AMEND MUNICIPAL CODE, APPENDIX IV, ARTICLE III, DIVISION I The City Attorney had the first reading of Ordinance No This would grant a water franchise to Birmingham Water Works Board and Amend the Municipal Code, Appendix IV,

8 Page 8 Article III, Division I. The second reading and consideration for adoption will be on Monday, December 1, ABC APPLICATIONS JIM N NICKS 1810 MONTGOMERY HWY AND 2831 GREYSTONE COMMERCIAL BLVD (previously approved locations) Mr. Lyda made a motion to approve ABC Applications (020-Restaurant Retail Liquor) for Jim N Nicks Birmingham LLC due to change in ownership at the following previously approved locations: Jim N Nicks Bar BQ, 1810 Montgomery Hwy., Hoover, AL, Jim N Nicks Bar BQ, 2831 Greystone Commercial Blvd., Hoover, AL, This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the 13. ABC APPLICATION BARRISTERS BAR 1535 MONTGOMERY HWY (previously approved location) Mr. Lyda made a motion to approve an ABC Application (010-Lounge Retail Liquor-Class I) for Paramsukh, LLC, d/b/a Barristers Bar, 1535 Montgomery Highway. This is a change in ownership on a previously approved site. This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the motion carried unanimously. 14. PUBLIC HEARING CONSIDER ADOPTION BY REFERENCE 2015 INTERNATIONAL CODES, 2014 NATIONAL ELECTRIC CODE AND ALABAM ENERGY AND RESIDENTIAL CODE, WITH PROPOSED MODIFICATIONS Mr. Wright stated this is the public hearing to consider the adoption by reference of the 2015 International Codes, 2014 National Electric Code and Alabama Energy and Residential Code, with proposed modifications. He noted that in addition to the public hearing tonight the public hearing will be continued to the December 1, 2014 meeting as well. Mr. Wright asked if there were those present who wanted to speak regarding this matter. There were none. He stated the public hearing is continued to the December 1, 2014 meeting. 15. PUBLIC HEARING CONDITIONAL USE ALLOW CHURCH - CROSS CREEK CHURCH 5225 ROSS BRIDGE PARKWAY PASTOR CHRIS PETERS Mr. Wright stated this is the public hearing to consider the request of Pastor Chris Peters, Cross Creek Church, for Conditional Use approval on property located at 5225 Ross Bridge Parkway (3 parcels) to be used for the new site of Cross Creek Church. This property is owned by Mr. Charles Diggs and Deer Valley Partners, LLC. This property is zoned C-2 Community Business District and C-P Preferred Commercial (Office) District. (PZ Case #C Planning Commission recommended approval subject to the condition that the exterior light fixtures shall not exceed twenty four (24) feet in height, shall be designed to cast light down upon the premises and shall emit zero (0) foot candles off the premises.)

9 Page 9 Mr. Lyda made a motion to approve the conditional use. This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the motion carried unanimously. 16. SET PUBLIC HEARINGS FOR MONDAY, DECEMBER 15, 2014 AT 6:00 P.M. Mr. Wright stated public hearings are hereby set for Monday, December 15, 2014 at 6:00 p.m. to consider the following requests which come forward with a positive recommendation from the 11/10/14 Planning and Zoning Commission meeting: a. Nimrod Long & Associates, Inc., representing US Steel Corporation, is requesting Conditional Use approval for a park to be located at 420 Renaissance Drive. The owner of the property is US Steel Corporation and the property is zoned PR-1Planned Single Family District. (PZ Case #C ) b. Covenant Bank is requesting Conditional Use approval for gas station/convenience store to be located at 1801 Doug Baker Blvd. Covenant Bank is the property owner and the property is zoned C-2 Community Business District. (PZ Case #C ) 17. PAYMENT OF BILLS Mr. Smith stated the bills had been reviewed. He made a motion to pay the bills in full as submitted. This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice vote the Mr. Wright called for additional questions or comments from the Council. Mr. Wright reminded everyone of the following schedule changes previously approved by the Council: The December 1, 2014 regular meeting will be held at 4:00 p.m. due to the 5:00 p.m. Christmas Tree Lighting ceremony. The work session for Thursday, November 27, 2014, has been canceled due to the Thanksgiving holiday. Admiral Natter stated that the general public may not realize it but all of the council members had put in a lot of time reviewing the budget for the coming year, studying it, seeing what is needed, thinking about it, discussing it and then voted on it. He said it was absolutely regrettable that some of the citizens either not knowing what is going on or not knowing the depth of which this budget is studied, thought out and determined, that there comes to name calling of individuals on the council. He felt it was a detriment to the city and was not in keeping with the citizenry and what the council expects from their citizens. He just felt it was regrettable that it had gotten to that point. There being no additional comments from the Council, Mr. Wright called for comments or questions from the audience. Mr. Robin Schultz, Albemarle Way, expressed appreciation to Mr. Wright, Mr. Greene and Mayor Ivey for attending the meeting last month in Bluff Park. He then briefly discussed a future issue. He noted that in the next five years there would be a rezoning of the people who live in the Bluff Park and Shades Mountain area to attend high school at Spain Park High School and he expressed the need for the City Council and Board of Education to begin planning on looking at Acton Road in preparation for the increased traffic. He said he understood that Acton

10 Page 10 Road is not in Hoover and is a county road but that Hoover students travel this road to get to high school and he felt that all jurisdictions that are in that area need to get together now in preparation for those changes. Mr. Wright noted that the road needs improvements regardless and he felt Mr. Schultz s point was well made. There being no additional questions or comments, the meeting was adjourned. Margie Handley, City Clerk