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Council Minutes

September 18th City Council Meeting
10/3/2007  

        CITY OF OPELIKA

   Minutes of City Council Meeting – September 18th, 2007

 

The City Council of the City of Opelika met in regular session on the above date in the Council Chambers at City Hall.

 

PRESENT AND PRESIDING:           J. Jerry Teel

 

MEMBERS PRESENT:                      Patricia A. Jones, Clarence Harris, Eddie Smith, Dr. William Lazenby

                                                               

MEMBERS ABSENT:                        None

 

President Teel called the meeting to order at 7:02 p.m. with the Reverend Kenneth Carter with the

Ministerial Association delivering the invocation.

 

President Teel invited all those present to join the City Council in the Pledge of Allegiance.

 

READING OF MINUTES:

 

Mr. Smith made the motion to approve the City Council minutes of the Called Council Meeting of  September 4th, 2007 and was seconded by Mr. Harris.  Said minutes were approved as prepared by following vote:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

Dr. Lazenby made the motion to approve the City Council minutes of  the regular Council Meeting of September 4th, 2007 and was seconded by Mr. Harris.  Ms. Jones asked under Resolution 194-07 that the following statement she made be added, “Ms. Jones also stated she could not vote for this budget because she had not received city documents that she had requested from the Administration providing specific information about employee salaries and the merit increases that were granted last year.”  Said minutes were approved as prepared by following vote:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

 

UNFINISHED BUSINESS -

 

CITIZENS COMMUNICATION -   

 

Leslie Ross, 304 Stevens Street, stated the bushes on her street had not been cut and now they have

spread dirt that is becoming mud.   Also, there is a stream behind my house and the mosquitoes and rats are terrible.   There is also tree limbs hanging over the wires.   Mayor Fuller said he would have this checked out.

 

Akilah Hatfield, 515 Fox Run Parkway Unit #40, Crooked Creek Apartments, stated she is very concerned with all the problems at Crooked Creek Apartments.   The residents of Crooked Creek refuse to be neglected.   Their water and cable had been cut off and that is part of the rent payment.   I have lived there for seven years.   Ms. Hatfield asked the City for help and guidance because we need someone to make the owner and landlord accountable for maintaining the apartment complex.   Mayor Fuller stated it was his understanding that Crooked Creek Apartments was under for-closure by HUD but, would call them and ask them for their involvement.

 

June Vontoure, 515 Fox Run Parkway Unit #65, Crooked Creek Apartments, stated we moved here from

being hurricane evacuees.  We need someone to help us correct the problems at Crooked Creek Apartments.  I am not a Section 8 unit and I pay my rent and bills early.  We do not wish to be put out again.  The living conditions are terrible.

 

Council member Jones stated she was sickened when she read the article in the paper about the problems at the Crooked Creek apartments.  I asked these Crooked Creek residents to come to the Council meeting to tell the Mayor and the Council the conditions they are living in.  I can not believe there isn’t something the Mayor can do to help the residents of Crooked Creek apartments.   I also understand some of these same problems are at Tall Oaks apartment as well.  These are Opelika residents and I would think there is something we can legally do to help these Opelika citizens.

 

Malcolm Cooper, 401 Hall Avenue, stated he was concerned for senior citizens having their power cut off for no reason and then recently many in Cycle 2 got their electricity cut off.   I had to wait two hours for my power to be cut back on.   Something needs to be done to protect the senior citizens and give them a chance to pay their bill.   I was current on my bill and was still cut off.   The City also needs to be concerned for those that are sick or on life support and should have a program in place to handle those situations.

 

 

 

 

 

REMARKS BY THE MAYOR – 

 

Mayor Fuller called on John Seymour to give the monthly Building Inspection report for August 2007.  Designated item no. 1.

 

Mayor Fuller passed out the City’s financial summary for August 2007.  Designated item no. 2.

 

Mayor Fuller recognized Opelika police officer Deon Tilley with a Resolution of appreciation for his military service in Iraq and for coming back to work for the OPD after being severely wounded  while serving in Iraq and having to go through multiple surgeries.

 

Mayor Fuller recognized the Opelika P&R 2007 Swim Team who in August competed in the Alabama Recreation and Parks Association State Swim Meet Championship.    Opelika sent 33 swimmers with over 1000 swimmers at this event representing 30 teams from all over the State of Alabama. 

 

Mayor Fuller recognized Kimberly Gillock, Kristin O’Neal, Baylee Stephens and Shealey White from Opelika who played on the AISA World Series Championship Softball Team in Myrtle Beach.   This team won with a final score of 33-2 and was coached by Bob Washington.    

 

 

REPORT OF DISBURSEMENTSNone

 

COMMITTEE REPORTS –  None

 

 

GENERAL BUSINESS –     None

 

Mr. Shuman presented a request from the Brass Brassiere for a retail wine on-premise license.  Designated item no. 3.  Mr. Smith made the motion to approve said request and was seconded by Mr. Harris.   The following vote was recorded:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

 

AWARDING OF BIDS(by Resolution) –  Shirley Washington

 

RESOLUTION NO. 201-07

To approve a contract for maintenance for IBM hardware and software.  Designated item no. 4.  Ms. Jones made the motion to approve and was seconded by Mr. Smith.   The following vote was recorded:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 202-07

To approve the resurfacing program of 2008.  Designated item no. 5.  Dr. Lazenby made the motion to approve and was seconded by Mr. Harris.   The following vote was recorded:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 203-07

To approve the repair/replacement of a leak detection system.  Designated item no. 6.  Mr. Smith made the motion to approve and was seconded by Ms. Jones.   The following vote was recorded:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

 

RESOLUTIONS –

 

RESOLUTION NO. 204-07

To authorize disposal of City personal property, a copy of which is attached and designated item no. 7.   Dr. Lazenby made the motion to approve said resolution and was seconded by Mr. Harris.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

 

 

 

 

RESOLUTION NO. 205-07

To approve the annual appropriation agreement with East Alabama Healthcare Authority, a copy of which is attached and designated item no. 8.  Mr. Smith made the motion to approve said resolution and was seconded by Mr. Harris.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 206-07

To approve the annual appropriation agreement with American Red Cross, a copy of which is attached and designated item no. 9.   Dr. Lazenby made the motion to approve said resolution and was seconded by Mr. Smith.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 207-07

To approve an agreement for an actuarial evaluation of our Workers Compensation Program, a copy of which is attached and designated item no.10.  Dr. Lazenby made the motion to approve said resolution and was seconded by Ms. Jones.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 208-07

To approve the City’s annual insurance package with J. Smith Lanier, a copy of which is attached and designated item no. 11.   Ms. Jones made the motion to approve said resolution and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 209-07

To approve an agreement for Excess Loss insurance for the City’s Health Insurance Program, a copy of which is attached and designated item no.12.  Ms. Jones made the motion to approve said resolution and was seconded by Mr. Smith.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 210-07

To approve the reserving of the City Council’s current year discretionary balances, a copy of which is attached and designated item no. 13.  Mr. Harris made the motion to approve said resolution and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 211-07

To approve a tax abatement for the Mando Corporation, a copy of which is attached and designated item no. 14.   Mr. Smith made the motion to approve said resolution and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

 

 

 

 

 

 

 

 

RESOLUTION NO. 212-07

To approve a new position of Building Inspector for the Planning Department, copy of which is attached and designated item no. 15.  Ms. Jones made the motion to approve said resolution and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 213-07

To approve an agreement with TREC to provide electric service to the Daewon plant, a copy of which is attached and designated item no. 16.   Mr. Harris made the motion to approve said resolution and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None

 

RESOLUTION NO. 214-07

To authorize the expenditure of funds for the new SprotsPlex, copy of which is attached and designated item no. 17.  Dr. Lazenby made the motion to approve said resolution and was seconded by Mr. Smith.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

 

VOTING AYE:      Smith, Lazenby, Teel

VOTING NAY:      Harris

ABSTAINING:     Jones

 

 

ORDINANCES  -   

 

ORDINANCE NO. 117-07

To amend the City Code of Ordinances to amend the City’s electric rates, a copy of which is attached and designated item no. 18.  During the discussion, City Attorney Guy Gunter stated said Ordinance needed to be amended to insert the date of October 1, 2007 as necessary, which is the effective date of the new electric rates.  Mr. Smith made the motion to amend as stated by Mr. Gunter and was seconded by Dr. Lazenby.   The following vote was recorded:

 

VOTING AYE:      Smith, Lazenby, Teel

VOTING NAY:      Jones, Harris

 

Ms. Jones asked the Council not to do this to our Citizens that are already struggling to pay their electric bill.  Ms. Jones asked the Mayor if it would be possible to use the L&P reserves to cover the cost increase? Mayor Fuller stated it would be fiscally irresponsible to not increase the electric rates at this time and after the increase Opelika’s electric rates are still significantly below our local competitors.  Ms. Jones stated I am speaking on behalf of our citizens and we need to have more compassion for our citizens.  I have strongly opposed to this increase in electric rates.

 

Mr. Harris thanked Mando, Tiger Town and other companies for bringing their business to Opelika and increasing the revenue coming into the City of Opelika.   I have received a lot of calls about the “cost adjustment” on the City’s electric bills to the citizens.  I hope the City will see what a major burden and hardship this electric rate increase will place on our citizens.  With the extra revenue coming in from Tiger Town and other major companies I don’t understand why we can’t use this extra revenue to offset the electric rate increase.   Mr. Harris wished the Council would consider some other means to pay the power cost increase instead of the citizens having to pay.

 

Dr. Lazenby then made the motion to approve said Ordinance as amended and was seconded by Mr. Smith.   After the Council had discussed the Ordinance in full, the question being put as to the passage of said motion and the adoption of said Ordinance, the roll was called with the following results:

 

VOTING AYE:      Smith, Lazenby, Teel

VOTING NAY:      Jones, Harris

 

 

 

The following ordinance(s) was introduced for first reading –

 

-          The annexation of property owned by W.S. Newell, approximately 56 acres.  Introduced by Dr. Lazenby.

 

 

 

 

 

Council member Jones reminded Mayor Fuller that she still had not received the information she had requested prior to the Budget review process.   Ms. Jones had asked for (1) a break down of last years merit increase by race showing the different minority races (2) listing of employee salaries prior to the merit increase and (3) the number of years experience by employee.  Mayor Fuller said this information would be

delivered to all the Council members.

 

Ms. Jones stated the information she had requested was public information.  She asked Mr. Guy Gunter, City Attorney, to provide in writing where it states in the Alabama Code that when a City Council member needs certain information to carry out the duties as a City Council representative, the request for such information from the Mayor / Administration must be made during a Council Meeting.

 

 

APPOINTMENTS  none

 

 

 ADJOURN:   

 

At approximately 8:19 p.m. since there was no further City business to be considered Dr. Lazenby made the motion to adjourn with said motion being seconded by Mr. Smith  The following vote was recorded:

 

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel

VOTING NAY:      None.

 

 

 

                                                                                                           J.  Jerry Teel 

                                                                                   ____________________________________

J. Jerry Teel, Council President

                                                                                                City of Opelika

 

ATTEST:

 

                       R. G. Shuman

____________________________________

                   R.G. “Bob” Shuman

                   City Clerk / Treasurer

 

 

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