STATE OF ALABAMA
ST. CLAIR COUNTY
The City Council of the City of Pell City met in a regular session at the City Hall at 10:00 a.m. on Monday, October 14, 2013. Present were Council President James McGowan, Councilmembers Jay Jenkins, Dot Wood, Sharon Thomas and Terry Templin. Those present constituting the entirety of the council, the following business was transacted:
The invocation was led by City Manager Patrick Draper.
The pledge to the American flag was led by Assistant Police Chief Ed Brasher.
The City Clerk had roll call for attendance.
On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved the payment of bills on file.
On motion of Councilmember Jenkins, seconded by Councilmember Thomas, the council unanimously approved the minutes of the regular meeting held on September 23, 2013.
Police Chief Greg Turley presented the American Police Hall of Fame Lifesaving Award to Office Steve Gains for his lifesaving CPRperformed on Mr. Anthony Wright on June 22, 2013.
Mayor Funderburg presented the following proclamation to Officer Gains:
WHEREAS, Officer Steve Gaines has been employed with the police department of the City of Pell City; and
WHEREAS, Officer Gaines has performed his duties as a police officer above and beyond those duties prescribed to him; and
WHEREAS, Due to the diligent efforts and courageous actions of Officer Gaines, a human life was saved.
IT IS, THEREFORE, PROCLAIMED by the Mayor, City Council and City Manager, that Officer Steve Gaines be hereby commended for his outstanding work and actions for the City of Pell City.
Mayor Funderburg read the following proclamation:
WHEREAS, the 2.9 million breast cancer survivors living in the United States today are a testament to the importance of promoting awareness about breast cancer, funding research and offering the best treatment to those affected; and
WHEREAS, breast cancer affects both women and men. In the United States an estimated 2,240 new cases of breast cancer will be diagnosed among men in 2013. In the United States an estimated 232,340 new cases of breast cancer will be diagnosed among women in 2013; and
WHEREAS, in the United States a women receives a diagnoses of breast cancer every 2 minutes and every 13 minutes a woman in America dies of breast cancer; and
WHEREAS, mammograms are among the best early detection methods yet 13 million women in the United States 40 years of age and older have never had a mammogram; and
WHEREAS, significant advances have been made in the fight against breast cancer including an increase in five-year related survival rates for localized breast cancer thanks to research and advocacy; and
NOW, THEREFORE, I, Joseph T. Funderburg, as Mayor, along with the City Council and City Manager, do hereby proclaim the month of October 2013 as Breast Cancer Awareness Month. We encourage all Pell Citians to do all we can to increase awareness of breast cancer, cancer issues and to offer compassion to those and their families who are affected by this disease.
On motion of Councilmember Wood, seconded by Councilmember Jenkins, the council unanimously approved the solicitation of bids for five (5) new police cars.
On motion of Councilmember Wood, seconded by Councilmember Thomas, the council unanimously approved the solicitation of bids for Sports Trophies.
On motion of Councilmember Thomas, seconded by Councilmember Jenkins, the council unanimously approved the following resolution:
RESOLUTION NO. 2013 - 4275
A RESOLUTION AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF PELL CITY AND THE
PELL CITY BOARD OF EDUCATION TO JOINTLY
PURCHASE THE CENTURYLINK BUILDING
WHEREAS, the City of Pell City has been in negotiations to purchase the building and land located at 1000 Bruce Etheridge Parkway in Pell City (the “CenturyLink Building”) for the purposes of establishing a new public library and new a location for other municipal services; and,
WHEREAS, the Pell City Board of Education (the “Board”) currently leases office space in the CenturyLink Building and has previously expressed interest regarding a potential partnership between the City and the Board to jointly purchase the CenturyLink building; and,
WHEREAS, the City has long acknowledged the importance of public education and has encouraged the development of strong public schools in Pell City to further the City’s economic development by providing the Board a portion of the sales and use tax revenue collected by the City and by partnering with the Board on certain capital projects; and,
WHEREAS, the City desires to continue its important partnership with the Board by jointly purchasing the CenturyLink Building to provide the citizens of Pell City a new location for a public library and to secure a quality central office location for the Board; and,
WHEREAS, the City Council has determined that it is wise, expedient, and in the best interests of the citizens of Pell City to authorize the Mayor, City Manager, and City Attorney to negotiate and draft with the Board a contract, operating agreement, and such other documents as may be necessary regarding the joint purchase and operation of the CenturyLink Building containing the essential terms as set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, as follows:
- That the Mayor, City Manager, and City Attorney be, and they hereby are, authorized to negotiate and draft with the Board a contract, operating agreement, and such other documents as may be necessary regarding the joint purchase and operation of the CenturyLink Building containing the following essential terms:
- The City and the Board shall jointly own the CenturyLink Building, with the City owning 75% of the building and the Board owning 25% of the building.
- As joint owners, the City and the Board shall enter into a long-term lease providing that the Board shall have exclusive use of the top half of the second floor of the CenturyLink Building, as identified in the attached Exhibit A. The Board’s exclusive space shall include the space that the Board currently occupies and the additional space requested by the Board during its negotiations with the City, which space totals approximately 13,000 square feet.
- As joint owners, the City and the Board shall enter into a long-term lease providing that the City shall have exclusive use of the remaining areas of the CenturyLink Building, provided, however, that the City shall allow the Board access to all entrances, staircases, the foyer, the elevator, and use of the second floor restroom facilities.
- The City shall be responsible for 75% of the costs of acquiring the CenturyLink building, and the Board shall be responsible for 25% of the acquisition costs.
- The Board shall be responsible for all costs associated with the repair and maintenance of the Board’s interior space, and the City shall be responsible for all costs associated with the repair and maintenance of the City’s interior space.
- The City and the Board shall jointly repair, maintain, and replace the exterior of the CenturyLink Building, including the parking lot, grounds, and premises, with the Board responsible for 25% of said costs and the City responsible for 75% of said costs.
- The City and the Board shall jointly repair, maintain, and replace the roof, HVAC system, and other essential common aspects of the building, with the Board responsible for 25% of said costs and the City responsible for 75% of said costs.
- The Board shall be responsible for 25% of the monthly utility costs associated with the building, and the City shall be responsible for 75% of said monthly utilities.
- After the contract, operating agreement, and such other documents as may be necessary are drafted, said documents shall be presented to the City Council for approval.
On motion of Councilmember Templin, seconded by Councilmember Jenkins, the council unanimously approved the following resolution:
RESOLUTION NO. 2013 - 4276
A RESOLUTION APPROVING ADDITIONAL
IMPROVEMENTS NECESSARY TO RESTORE
LIGHTING TO I-20 EXIT 156 IN PELL CITY
WHEREAS, the City of Pell City has taken and received competitive sealed bids for the purchase and installation of certain lighting improvements necessary to restore lighting on I-20 Exit 156 in Pell City; and
WHEREAS, the lowest bid that met the specifications established by the City was submitted by Stone & Sons in an amount not to exceed $31,579.20; and,
WHEREAS, Stone & Sons has identified certain additional improvements necessary to make the exit lights functional, which improvements are more particularly described in the attached Exhibit A; and,
WHEREAS, the improvements identified in the attached Exhibit A were not previously known to be necessary and were only discovered to be necessary through the work previously approved by this Council; and,
WHEREAS, the City Council has determined that it is wise, expedient, and in the best interest of the citizens of the City to perform the additional improvements identified in the attached Exhibit A to restore lighting to I-20 Exit 156 in Pell City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City that the City Manager be, and he hereby is, authorized to contract with Stone & Sons in an amount not to exceed $5,300.00 to perform the additional improvements necessary to restore lighting at I-20 Exit 156 in Pell City.
On motion of Councilmember Templin, seconded by Councilmember Jenkins, the council unanimously approved to go into Executive Session at 10:15 a.m. for approximately 20 minutes. The reason for the Executive Session was to consider payment of certain real estate and to discuss preliminary negotiations about a potential development where open discussion would have a detrimental effect on competitive bids.
On motion of Councilmember Templin, seconded by Councilmember Jenkins, the council unanimously approved to resume the meeting at 11:35 a.m. No action was taken.
On motion of Councilmember Wood, seconded by Councilmember Templin, the council adjourned subject to the call of the Council President.
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James McGowan
Council President
ATTEST:
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Penny Isbell
City Clerk