Kaila-p. MINUTES CITY OF FOLEY, ALABAMA 407 E. LAUREL AVENUE COUNCIL CHAMBERS CITY COUNCIL MEETING OF JULY 18, 2011 5:30 P.M. PUBLIC HEARINGS: Mayor John Koniar called the public hearing to order at 5:30 pm. to consider the passage of a resolution to authorize the Foley Police Department to apply for funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. The project will include training for Communications Of?cers in the use of enhanced computer software used to dispatch of?cers to calls; radio microphone ear buds for patrol of?cers; and specialized ear buds and GPS microphones for the Special Response Team personnel. The project will enable Foley Police Department to provide improved communications and dispatch capability in order to better serve and ensure the safety of the citizens of Foley and department personnel. Hearing no comments the Mayor closed the public hearing. Mayor Koniar opened the public hearing to hear testimony and review evidence pertaining to the issuance of a business license for Kids? Space Christian Day Care. Mayor Koniar reported the City Council previously entertained the issuance of a business license for Alpha and Omega Christian Ministries, Inc. d/b/a Kids? Space and was declined. He called upon Lt. David White who reported they were originally located on Avenue but moved to their current location after the Foley Police Department had received numerous reports. There were sixteen (16) reports ?led against them between September 2010 and June 2011 and ranged from theft, poor health conditions and child endangerment. Seven (7) of the complaints were from employees for non- payment. In 2001-2002 the Mobile Press reported that Ms. Stokes had been arrested in Saraland for child endangerment. In 2006 she had a daycare located in Semmes, Alabama, which was shut down by the Mobile County Health Department and in 2009 the Mobile Press reported she was shut down again at the Semmes location. Lt. White further reported that he noticed a history of poor conditions where she had her businesses. The Mobile County Health Department had 15 complaints. From Mobile County she opened a day care in Loxley and then moved to Avenue in Foley. In June 2011 she was arrested for nonpayment of ?nes from Saraland. A lot of her cases are still under investigation and he has spoken with people who have not ?led police reports regarding the conditions. She is currently located within a 1000? of an adult book store. That location will be in our City limits in August. There is State law that prohibits the location of an adult store within so many feet of a day care; however, that law does not address a day care locating next to an adult store. Ms. Judy Wade, 316 Avenue, Foley Mrs. Wade and her husband own Dinos on Hwy. 59 and the day care was located adjacent to their home on Avenue. She wrote a letter of complaint that mentioned a child had been screaming for over an hour when she called the Police Department. She stated while the daycare was located adjacent to her she had observed children in the yard without any adult supervision but the caregivers would at times stick their head out of the door and go back in. One day she saw an ambulance and police cars. A baby was taken to the ambulance and she didn?t notice any lights on when the ambulance left and wasn?t sure if a child was alive or not. This happened on numerous occasions. Ms. Wade further stated that she witnessed a child and a care giver in a knockdown, drag out ?ght. On another occasion she noticed a van with Ohio license plates circling the day care and wondered if some pervert was going to take one of the children. don?t want to see them screaming and adults screaming at children, or hear a man ask me if this day care is open because he needs to drop off his child and get to work.? She further stated that it seems this woman gets a permit wherever she goes. ?There are 62 perverts that live here and but how many get to travel here?? I think I?ll start a petition because there should be no exemptions. Ms. Sara Dias stated that she worked at the day care for two weeks and they had no release forms on the children. They had a child that was allergic to ten (10) different things and she didn?t ?nd out she was allergic to cheese until six weeks had passed. The ratio of employees to children was one to ten. The hours were not set as she worked until the parents picked them up. There were no proper cleaning supplies and when she refused to use the dirty cleaning supplies she got into trouble with the owner. They wouldn?t pay for her hours that she worked. Ms. Dias stated that the owner forged her husband?s signature on a piece of paper showing that he picked up money for her when he only picked up a portion of the money. When she tried to talk to Ms. Stokes another employee interfered and refused to let her speak to her. Ms. Dias stated that she would try to pick up her check and was told repeatedly to come back and she showed up at 1:30 pm. she was told to come back at 2:00 pm. or other occasions to come back in an hour. Her hourly wage was $7.15 and her paycheck should have been over $500 and she was lucky to get $150. Ms. Dias further stated that Ms. Stokes and her family were living at the day care because their toiletries were in the same restroom that the children were using and a guy was sleeping in the back room. When she was hired Ms. Stokes never looked at her driver?s license, social security card or even checked her references. ?They could be letting anyone in there and this is not right with She further stated that she made a police report on two occasions and that she had an altercation when she went to get her paycheck and didn?t want to have to do that again. Lt. White reported that ?We are very concerned about this woman.? Mayor Koniar reported that things have changed since the business license had been denied and that she had obtained an attorney and she asked for an exemption under the laws according to the IRS. She did meet the quali?cations for the exemption and was granted that exemption under the church af?liation of Alpha and Omega Christian Ministries, Inc. The City had to acknowledge the exemption; however, we will continue to pursue this and we recognize this dangerous situation. Hearing no further comments Mayor Koniar closed the public hearing. Councilman Ebert questioned the reasons for the public hearing and Ms. Stokes not attending the public hearing. Mayor Koniar reported she noti?ed the City that she wanted to appeal the denial of the business license, which was within her rights, and was noti?ed in writing about the public hearing that gave her an option of whether or not she wanted to proceed with the public hearing since she was granted an exemption. She did not respond to the letter that was hand delivered to her and the public hearing remained on the agenda. Mayor Koniar announced that the properties on both following public hearings had been abated. Hearing no further comments Mayor Koniar closed both of the public hearings. Public hearing to consider declaring weeds to be a violation of the City?s Grass and Weed Abatement Ordinances at the following property within the City of Foley, Pebble Creek Subdivision; 1000 Orlando Drive Tax Parcel ID #05-61-03-06-0-000-005.002, pursuant to the Code of Alabama, Sections 11-67?20 through 11-67-28. Public hearing to consider declaring weeds to be a violation of the City?s Grass and Weed Abatement Ordinances at the following property within the City of Foley, Pebble Creek Subdivision; 1004 Orlando Drive Tax Parcel ID #05-61-03-06-0-000-005.003, pursuant to the Code of Alabama, Sections 11?67-20 through 11-67-28. COUNCIL MEETING: Mayor Koniar called the Council meeting to order at 5:50 pm. Council members present: Wayne Trawick, Ralph Hellmich, Rick Blackwell, and Charles J. Ebert, Absent: Vera Quaites broke her leg above her ankle and was not able to attend. Others present: City Administrator Mike Thompson, City Clerk Vickey Southern, David Wilson, Lt. David White, Randy Bishop, Steve Smith, Chad Brewer, Meg Hellmich, Leslie Lassitter, Jessica Nelson, Elinor and Bill Ferguson, Tom Knighton and Tom of Tanger, and press representative Guy Busby and Devin Golden. APPROVAL OF THE MINUTES Councilman Ebert made a motion to approve the Council meeting Minutes of July 5, 2011. Councilman Hellmich seconded the motion and the vote passed unanimously. OLD BUSINESS: None to report. NEW BUSINESS public hearing for September 6,2011 and declaring weeds to be a violation of the City's Grass and Weed Abatement Ordinance 1095-09 at the following properties within the City of Foley, 1200 North Pine Street Tax Parcel ID # A resolution setting a 05650 1and 2545 Oakford Drive Tax Parcel ID #0305044012. 5 2 0 0000 400003. 093 1 01- passed unanimously on motion by Councilman Blackwell and seconded by Councilman Trawick. Councilman Hellmich made of ordinance an motion to set a amending to consider the adoption Councilman Ebert passed unanimously. motion to approve the Snook Youth Club's request to 00 p. 29th from 8: 00 a. m. until 5: event Friday, uly "Thon Shack-Am. at the ] Councilman Hellmich made a public hearing the Historic District Ordinance. seconded the motion and the vote hold a Foley Kids Park and Griffin passed unanimously. a Park. Councilman Trawick seconded the motion and the vote REPORTS Community Development Department - Ms.Miriam Boutwell was on vacation so Ms. Leslie Lassitter filled in for her to give the June 2011 report as follows: The Planning Commission approved one Subdivision plan, one subdivision exemption, three zoning requests and one work session item. The Historic Commission issued two Certificates of Appropriateness. The Planning and Zoning Division approved 11 plan reviews, approved 42 permits; granted seven permit exemptions; and handled two zoning complaints. The Environmental/Code Enforcement Division handled two grass and weed complaints; five nuisance complaints; issued one Erosion and Sediment Control permit; and approved two public tree removals. The Building/Inspection Division issued five "Single Family Residential"permits; 15 "Residential Miscellaneous" Addition/Remodel" permits; one " Commercial permits; 6 " Commercial Addition/Remodel" permit at Tanger; three "Commercial Miscellaneous" permits six sign permits; and 34 " Electrical, Mechanical & Plumbing" permits for a total of 71 $ 1, 562, There were six new tenants in existing permits with a permit valuation of 238. spaces; two new tenants at Tanger; 236 inspections performed; six Erosion and Sediment Controls issued and two building complaints handled. They made a presentation at the annual Alabama Soil and Water Conservation Conference and held a field trip for the Snook Youth Club at Graham Creek Nature Preserve. Fire Department - that June were up which was by was In the Fire Chief's absence Deputy Fire Chief Chad the busiest month since 2008 with a Brewer reported total of 126 incident responses, which Of the 126 responses there were two building fires; one in Glenlakes, 28%. by a lighting strike, and one was shed fire on CR 10. The Department caused responded quickly to put the fire out so the family in Glenlakes was not displaced. Other items worth noting were the 13 motor vehicle accidents without injuries and 32 MVA's with injuries. They responded to Gulf Shores with their tanker in support of their Department with the wild fire at the Gulf State Park. Public Education consisted of 30 people being trained in CPR and 13 in First Aid. A station tour was given to the Boys and Girls Club. They also participated in the Public Safety Summer Day Camp and received some good comments from the students. They are looking forward to this event next year. The Department had their Fire Safety House at the Balloon Festival and had 254 contacts, which was mostly on Friday with after school care groups. Inspections plan. There consisted of 246 reviewing 23 commercial 157 Police plans and of 171 inspections multi-family inspections and one contacts. There were 14 New Construction public existing occupancy inspections for a total implementation of Fire Inspector the inspections were for June. Since the have gone up and will continue to do Department - Chief David Wilson highlighted the June report as so. follows: the Patrol Division made 95 Misdemeanor, 12 Felony and 29 DUI arrests; served 78 misdemeanor warrants; issued 474 citations; made 353 close patrols; issued 733 warnings; assisted 229 motorists and worked 80 wrecks; answered 142 alarms; made 298 positive walkthroughs. Dispatch answered 1474 calls for Division made 20 misdemeanor Marijuana, one felony Marijuana, citizen contacts and 604 service. The Narcotics eight controlled substance and nine drug paraphernalia arrests and made ten drug raids. and followed up on 59 domestic violence cases. The Code Enforcement Division responded to 23 calls for animal services verified 29 transient contractor licenses; issued one warning for neighborhood on junk and litter, and one came into compliance. The Jail Division 285 arrestees The Investigations Division received 74 new cases processed with 24 attending AA. The highest number of inmates in jail was 38 and the lowest 24. They also utilized 1200 inmate worker hours. Mayor Koniar asked where the City stood on Domestic Violence grant from Lighthouse. Chief Wilson reported that they have not heard anything on it to date. was The A resolution 120 Write-off'in the amount of 1 $60 for the approving Residential Sanitation s on motion day period passed unanimously by Councilman Trawick and seconded by Councilman Hellmich AUDITING ACCOUNTS Councilman Ebert made the vote a motion to pay the bills. Councilman Blackwell seconded and passed unanimously. ORDINANCES, RESOLUTIONS The second of AND OTHER BUSINESS Ordinance reading accepting public rights of way and infrastructure for Riviera Boulevard for City Maintenance passed unanimously on improvements motion by Councilman Hellmich and seconded by Councilman Trawick. an The second reading of an ordinance amending Ordinance 387-87 to rezone .648+/acres Arthur M. Havel from Rl C to B3 located at 211 South Cypress Street passed by unanimously on motion by Councilman Trawick and seconded by Councilman Blackwell. owned Mayor Koniar reported the nuisances were abated on Orlando Drive and the resolutions declaring growth of weeds, grass and other vegetative growth a public nuisance at 1000 Orlando Drive Tax Parcel ID # 05030005. 6 0 0 0002, 16Foley, Alabama and at 1004 Orlando Drive Tax Parcel ID #005. 050306 0 0 0003, 16Foley, Alabama were no longer required and no action needed to be taken. A resolution approving Consent Councilman Ebert and seconded Agenda items passed unanimously on motion by by Councilman Hellmich. A resolution approving Saving Grace Home for Women's request to use Heritage Park and Pavilion at no charge on September 24, 2011 7: 00 a. m. until 3: 00 p. m. for their first annual "Recovery Walks!" on motion by Councilman Blackwell and passed unanimously seconded by Councilman Trawick. A resolution entering into a Memorandum of Agreement with ALDOT in order to be reimbursed in the future for debris removal from state roads located within the municipality passed unanimously on motion by Councilman Hellmich and seconded by Councilman Ebert. Mayor Koniar reported this action came out of activity from the tornadoes in north Alabama. A resolution 1, 311. for the purchase of one rifle scope and amending appropriating $94 to reflect the balance of the grant proceeds of $ budget 7, 042 under Revenue Account 014929 under Grant #B92009S 0 853 BJAG Grant passed unanimously on motion by Councilman Trawick and seconded by Councilman Ebert. the FY11 A resolution 250 for appropriating $2, Systems and amends Power Thompson motion by Councilman radio tower generator the budget accordingly Hellmich and seconded A resolution by Councilman Blackwell. amending the Pay Classification Plan to accommodate the position of Superintendent passed by a majority vote on motion by Councilman seconded by Councilman Trawick. Councilman Hellmich abstained. Street/Sanitation Ebert and repairs to be done by passed unanimously on 4 modifying the Pay Classification Plan for Sanitation Supervisor position passed unanimously on motion by Councilman Ebert and was seconded by Councilman A resolution Trawick. approving one-time sick leave donation with a 10 day cap that must be used within a 60 day period passed unanimously on motion by Councilman Hellmich and was seconded by Councilman Blackwell. A resolution 060 for Laserfiche upgrades appropriating $2, perform those upgrades passed unanimously on motion by seconded by Councilman Hellmich. A resolution and approving MCCi to Councilman Trawick and authorizing a Project User Fee Agreement by the City of Foley and Foley Public Facilities Cooperative District regarding Tanger passed unanimously motion by Councilman Trawick and seconded by Councilman Blackwell. A resolution the on authorizing a Project User Fee Agreement by the City of Foley and the Foley Public Facilities Cooperative District regarding Krispy Kreme passed unanimously on motion by Councilman Blackwell and seconded by Councilman Ebert. A resolution Project User Fee Agreement by the City of Foley and the Foley Public Facilities Cooperative District regarding Wolf Bay Lodge passed unanimously on motion by Councilman Ebert and seconded by Councilman Trawick. A resolution authorizing a appointing the newly created Centennial Committee as listed in the Council packets passed unanimously on motion by Councilman Hellmich and seconded by A resolution Councilman Trawick. Councilman Hellmich there encouraged anyone to complete. A resolution of who wants to authorizing a are lots of folks listed that participate Special to do so as the can project participate and he will take three years Development Grant Agreement by the City passed unanimously on motion by Councilman Economic Foley and COROC/Riviera LLC was seconded by Councilman Ebert. Hellmich and authorizing a Special Economic Development Grant Agreement by the City of Foley and Krispy Kreme passed unanimously on motion by Councilman Trawick and A resolution Councilman Blackwell. authorizing transfer of funds for project management, branding and associated websites, and to approve a contract for a project management/branding process passed unanimously on motion by Councilman Ebert and seconded by Councilman A resolution Hellmich. accepting Thompson Engineering's proposal for the AdvantageSite program passed unanimously on motion by Councilman Blackwell and was seconded by A resolution Councilman Ebert. Councilman Hellmich in reported this program is the same one that was announced Bay Minette. $ 0, 800 for intersection accepting Volkert's Work Order in the amount of 3 a Alston passed by majority vote on motion improvements at Hwy. 59 and 98 and 98 at by Councilman Hellmich and seconded by Councilman Ebert. Councilman Trawick A resolution abstained. 613$ 000 budgeted under Capital Account No. 01approving transfer of 40, 01613- for the Foley 7010 to Building and Ground Maintenance Account No. 4010 and seconded by Ebert Councilman motion on by Municipal Airport passed unanimously A resolution Councilman Trawick. A resolution 272 appropriating $1, for the purchase of one UPS rack mounted system to the Seminole Radio Tower passed unanimously on motion placed Councilman by Hellmich and seconded by Councilman Trawick. be on A resolution Antique declaring Tractor and the binder com Club surplus and donating passed unanimously on as Engine by Councilman Ebert. Blackwell and seconded it to the South Alabama motion by Councilman VISITOR COMMENTS Mrs. Elinor Ferguson, Fairmont Subdivision - Mrs. Ferguson thanked the Council for annexing their property into the City of Foley; however, the portion that was annexed was their yard and not their home, which is Lot 43. They would like their home to be included in the City limits. Mayor Koniar reported that the initial annexation of Fairmont will go into effect August 1st and that will make the property asked that she speak with Mrs. Southern to get the annexation contiguous. paperwork. ADJOURN Hearing no further comments the ATTEST: cMc ' Vickey tliem, Sfi'u~ clerk ' City meeting adjourned at 6: 13 p. m. He