June 9, 2008 Council Minutes Continued

CITY COUNCIL MEETING

JUNE 9, 2008

The Greenville City Council convened in the Council Chamber at City Hall on Monday, June 9, 2008, at 5:30 p.m. for a regular meeting. Mayor Dexter McLendon called the meeting to order. Acting City Clerk-Treasurer Sue R. Arnold called the roll and recorded the following members present: Mayor McLendon, Councilmembers Jean A. Thompson, Ed Sims, Tommy Ryan, and Jeddo Bell. Councilmember James Lewis was out of town. Mayor McLendon led those attending in the Pledge of Allegiance to the American Flag. Councilmember Bell delivered the invocation.

APPROVAL OF MINUTES:

Mayor McLendon advised each councilmember had received for review a copy of the proposed minutes for the Regular Council Meeting held on May 27, 2008. He asked if there were any additions, deletions or amendments to the minutes.

Councilmember Thompson moved to dispense with the reading of the minutes and approve the minutes as drafted. Councilmember Bell seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

NEW BUSINESS:

RESOLUTION 2008-33. TO AUTHORIZE VARIOUS AMENDMENTS TO THE 2007-08 GENERAL FUND BUDGET. **

Mayor McLendon introduced Resolution 2008-33 and called on City Clerk Arnold to address the council. She advised that throughout the fiscal year budget adjustments are made due to emergencies or unforeseen circumstances to keep departmental budgets in line with actual expenditures therefore generating clear audit trails. The bulk of the adjustments transfer funds from the finance miscellaneous expense account into various expense accounts to cover anticipated shortfalls for the year due to increases in the cost of fuel and utilities. Funds would also be transferred to cover the cost of the DHR Roof Project, new heating/cooling unit at the Nutrition Center, semi-annual interest payment to BancorpSouth and fire engine repairs. Mayor McLendon called for the pleasure of the Council.

Councilmember Bell moved to adopt Resolution 2008-33 authorizing various amendments to the fiscal year 2007-08 General Fund Budget presented in “Exhibit A” of the resolution. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

RESOLUTION 2008-34. TO ADOPT THE SOUTH ALABAMA MUTUAL ASSISTANCE AGREEMENT PROVIDING FOR MUTUAL AID AMONG THE SOUTH ALABAMA MUTUAL ASSISTANCE COMPACT IN THE EVENT OF DISASTER. **

Fire Chief Mike Phillips, also the City’s Emergency Operations Coordinator, reviewed the proposed South Alabama Mutual Assistance Agreement to allow area governmental agencies to assist each other in the wake of disaster, set directives for such assistance, and to establish the South Alabama Mutual Assistance Compact including agencies who wish to participate. The agreement also allows for participating agencies to be eligible for FEMA and AEMA disaster funds for expense incurred with providing mutual aid according to the Agreement. Mayor McLendon called for the pleasure of the Council.

Councilmember Ryan moved to adopt Resolution 2008-34 authorizing the City to become a participating agency of the South Alabama Mutual Assistance Compact and adopting the South Alabama Mutual Assistance Agreement providing for mutual aid in the event of disaster. Councilmember Sims seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

ORDINANCE 2008-01. TO DECLARE AS SURPLUS CERTAIN REAL PROPERTY KNOWN AS THE GREENVILLE COMMONS WATER TANK LOT AND AUTHORIZE RESALE OF SAME TO ORIGINAL OWNER AS SET FORTH IN THE DEFINITIVE PROJECT AGREEMENT BETWEEN THE CITY OF GREENVILLE AND NSG, INC. **

Councilmember Bell moved that all rules governing the Council which might, unless suspended, prevent the passage and adoption of Ordinance 2008-01 at this meeting, be suspended for the purpose of permitting the said ordinance be finally passed and adopted at this meeting. Councilmember Sims seconded the motion. Mayor McLendon called for a roll call vote which was recorded as follows:

Councilmember Thompson Aye

Councilmember Sims Aye

Councilmember Ryan Aye

Councilmember Bell Aye

Mayor McLendon Aye

Mayor McLendon declared the motion to suspend the rules passed.

Councilmember Bell moved to place Ordinance 2008-01 into final passage. Councilmember Bell seconded the motion. Mayor McLendon called for a roll call vote which was recorded as follows:

Councilmember Thompson Aye

Councilmember Sims Aye

Councilmember Ryan Aye

Councilmember Bell Aye

Mayor McLendon Aye

Mayor McLendon declared the motion to adopt carried.

RESOLUTION 2008-35. TO AMEND THE DEFINITIVE PROJECT AGREEMENT BETWEEN THE CITY OF GREENVILLE, NAOS ENTERTAINMENT, LTD AND NSG, INC. **

City Clerk Arnold advised Council members that the current Promissory Note for reimbursement of the City’s purchase of the Greenville Commons Water Tank Lot from NSG is held by NAOS. The City’s sale of the Water Tank Lot back to NSG, as approved in Ordinance 2008-01, thereby requires reassignment of the Promissory Note to NSG. She further advised this action would require amendment of the original “Definitive Project Agreement” entered into by the City of Greenville, NAOS Entertainment-Greenville, LTD and NSG, Inc. on January 22, 2007 [Ref. Resolution 2007-04]. Mayor McLendon presented for consideration the amendment set forth in the form of Resolution 2008-35.

Councilmember Bell moved to adopt Resolution 2008-35 as “Amendment One” to amend Section 2.3.b. of the “Definitive Project Agreement” between the City of Greenville, NAOS and NSG by reassigning payment of the “Promissory Note” by NAOS Entertainment from the City of Greenville to NSG, Inc. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

APPROVAL OF EXPENDITURES:

MIDDLETON OIL COMPANY - $1014.30.

Councilmember Bell moved to approve payment to Middleton Oil Company in the amount of $1014.30 for the Sanitation Department’s purchase of 250 gallons off-road diesel for the landfill. Councilmember Thompson seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

MCKINLEY TIRE CENTER - $1812.75.

Councilmember Sims moved to approve payment to McKinley Tire Center in the amount of $1812.75 for the Fire Department’s purchase of five tires for Fire Engine 32. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

THE CWA GROUP, INC. - $2350.00.

Councilmember Bell moved to approve payment to The CWA Group, Inc. in the amount of $2350.00 for semi-annual groundwater monitoring for the old landfill on Industrial Boulevard. Councilmember Thompson seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

L.V. STABLER HOSPITAL - $4079.50.

Councilmember Ryan moved to approve payment to L.V. Stabler Hospital in the amount of $4079.50 for emergency room expense for city prisoner Bobby Connell on 4/17/08. Councilmember Sims seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

SADDLER & COMPANY, INC. - $1202.25.

Councilmember Bell moved to approve payment to Saddler & Company, Inc. in the amount of $1202.25 for general liability and general accident insurance for the City’s twelve Baseball and Softball All-Star Teams. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

WEED AND DEBRIS / UNSAFE HOUSING VIOLATIONS:

A. Daisy Williams- Vacant lot at corner of Parmer & Oglesby Streets

Map 10-08-06-23-1Block 8 Parcel 33

B. Terry L. and Angela D. Turner - Lot at 605 Gamble Street

Map 10-08-06-14-3 Block 3 Parcel 2

C. Carrol Smithy - Vacant Lot across from 170 Parmer Street

Map 10-08-06-23-4 Block 4 Parcel 4.01

Councilmember Bell moved to proceed to the next step of compliance for three weed and debris violations, pursuant to the City’s Code of Ordinances, for properties owned by Daisy Williams, Terry L. and Angela D. Turner, and Carol Smithy thereby authorizing City crews to clear the properties and the property owners to be billed for the services. Councilmember Thompson seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

ANNOUNCEMENTS AND ADJOURNMENT:

Mayor McLendon announced the next regular council meeting will be held June 23, 2008. With no further business or announcements, Mayor McLendon adjourned the meeting at 5:40 p.m.

______

Sue R. Arnold, Acting City Clerk-Treasurer

______

Dexter McLendon, Mayor

**ALL SUPPORTING DOCUMENTATION APPEARS AT THE END OF THE MINUTES.

4