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Regular Meeting of the Council

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Regular Meeting of the Council REGULAR MEETING OF THE COUNCIL OF THE CITY OF BIRMINGHAM June 16, 2009, at 9:30 A.M. _____________________ The Council of the City of Birmingham met in the Council Chambers of the City Hall of Birmingham on June 16, 2009 at 9:30 a.m., in regular meeting. The meeting was opened with prayer by Reverend Dr. Morrell Todd, Pastor of First Baptist Church Acipco. The Pledge of Allegiance was led by Councilmember President Pro Tempore Valerie Abbott. Present on Roll Call: Council President Smitherman Councilmembers Abbott Austin Duncan Hoyt Parker Royal Absent: Montgomery The minutes of February 17-June 10, 2009 were approved as submitted. Mayor Langford announced that the City has been asked to be a host City for the Soccer World Cup Championships because of the past success here with the Davis Cup. Mayor Langford announced that Ray Mercer won the Ultimate Fight in nine (9) seconds at the event last week. Mayor Langford noted that he is in discussion with a chain grocer to build at least five (5) stores within the City. One place to be considered is across from the new Hope VI Project on 20th Street Ensley. Mayor Langford discussed his reasons for vetoing Resolution No. 898-09, which requested that the Mayor implement the Disparity Study report. Mayor Langford has received the money from Jefferson County on the rolling bridge taxes JUN 16 2009 which can only be used for repaving of City streets. Therefore nine (9) of the smaller neighborhoods which are in the nine (9) Council Districts have been designated for repaving. The Council was given the list of neighborhoods to be repaved and the cost for repaving. Mayor Langford recognized Ron Creel of the Alabama Sports Foundation who announced that 5,000 athletes will be in the City of Birmingham June 19-21, 2009 at the BJCC, along with their families and others, who will be present at the Alabama Sports Festival XXVII. Mr. Creel invited the Council to attend the Friday banquet. ABC 33/40 will be the host television station and will be televising the event this Friday. Mayor Langford recognized Pam Lyons, Jeanine Langston and Irene Blaylock, the new Library Director who spoke on the Library's expanded Summer Reading Program for children. The theme is "Be Creative." The theme for the youth is "Express Yourself at the Library." Adults have also now been included in the Reading Program. Their theme is also "Express Yourself at the Library." The following resolution was introduced by Councilmember Smitherman: RESOLUTION NO. 884-09 BE IT RESOLVED that the Council of the City of Birmingham hereby expresses heartfelt condolences to the family, friends and citizens at the transition of Mrs. Lillie Mae Harris Fincher, who entered into eternal rest on Sunday, June 14, 2009. ADOPTED this Sixteenth day of June, Two Thousand and Nine. The resolution was read by the Deputy City Clerk, whereupon Councilmember Smitherman made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows: Ayes: Abbott, Austin, Duncan, Hoyt, Parker, Royal, Smitherman Nays: None The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted. Whereupon Councilmember Smitherman made a motion that said resolution be adopted, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows: Ayes: Abbott, Austin, Duncan, Hoyt, Parker, Royal, Smitherman Nays: None The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer JUN 16 2009 declared said resolution adopted. Councilmember Smitherman made a motion to suspend the rules to allow for speakers, which motion was seconded by Councilmember Duncan and adopted. Councilmember Abbott absented herself. Mike Coppage, 700 Wimbledon Court appeared relative to the new insurance rates for City retirees. Councilmember Abbott returned and took her seat as a Councilmember. Faye Anchrum, 1016 - 5th Street West appeared relative to her property being located next to an alleyway and to ask if the corner of her property is owned by her or the City, and to request that the City reimburse her for funds she used to remove a tree if the property actually belongs to the City. Ralph Banks, 1600 - 8th Avenue West appeared relative to the sinkhole issue and the Council's decision not to pay him for his house that was demolished by the City. Tom Styuzick, Partners of Project Moondust, 2909 Highland Avenue appeared relative to announcing that "National Mosquito Control Week" will be recognized next week throughout the nation. Mr. Styuzick reminded the public to wear light colored clothing, don't go out early in the morning or early evening when mosquitoes are their most active, use a mosquito repellant with deet, drain standing water around their house, and dispose of cans and tires in the yard. Councilmember Duncan absented herself. Councilmember Parker absented herself. Alex Alvarez, 4715 Alton Court appeared to announce that the 26th Annual Business Connections will be held at the Sheraton-Birmingham Hotel on June 23-24, 2009. Mr. Alvarez gave each Councillor an invitation. There will be free registration for all business college students. Councilmember Duncan returned and took her seat as a Councilmember. Councilmember Parker returned and took here seat as a Councilmember. JUN 16 2009 Rev. Herman Henderson, 224 Flora Street appeared relative to the Stop the Violence Rally held in District 2 last week and to push the need for a reduction in violence in our City. Sabrina Castro, 2905 Wilson Road, Apartment B, appeared relative to the MAX bus and the lateness of the buses. Councilmember Abbott absented herself. Alexandria Brooks, 4401 - 7th Avenue Wylam appeared relative to supporting the idea of having a study to determine the effects of school uniforms vs. regular clothes in schools. Councilmember Abbott returned and took her seat as Councilmember. Yolanda Turner, 2001 Cleburn Avenue appeared relative to inviting the Council to the 40th Anniversary of Bishop Heron Johnson June 17-28, 2009 at Faith Apostolic Church, 2001 Cleburn Avenue. Special guests will be Vickie Winan and Rev. Marvin Sapp. The following resolutions and ordinances designated as Consent Agenda items were introduced by the Presiding Officer: RESOLUTION NO. 885-09 BE IT RESOLVED by the Council of the City of Birmingham that the amendment to the agreement with Vulcan Park Foundation, Inc., Birmingham, AL, in the amount of $10,000.00, which increases the amount to be paid the contractor to $441,468.00, to provide additional services by launching and promoting new educational programs and exhibits that enhance visitors’ learning experience and perception of Birmingham, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the amendment on behalf of the City. Appropriated for in FY2008 - 2009 Budget RESOLUTION NO. 886-09 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against WENDY DEWEESE, the person responsible for the collection and remittance of tax, doing business as (DBA) D & D TIRES by the Finance Department, dated, 05/04/2009 for the period of 02/2008-03/2009 in the amount of $1,231.60 for Sales Tax, is deemed correct and is made final. JUN 16 2009 RESOLUTION NO. 887-09 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against ALFRED BROADNAX, the person responsible for the collection and remittance of tax, doing business as (DBA) BROADNAX CASKET CO by the Finance Department, dated, 04/27/2009 for the period of 01/2008-03/2008 in the amount of $894.00 for Sales Tax, is deemed correct and is made final. RESOLUTION NO. 888-09 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against CRYSTAL MAY, the person responsible for the collection and remittance of tax, doing business as (DBA) C & L ACCESSORIES by the Finance Department, dated, 04/29/2009 for the period of 01/2008-7/2008; 11/2008; 01/2009 in the amount of $827.52 for Sales Tax, is deemed correct and is made final. RESOLUTION NO. 889-09 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against FJM FOODS INC AND FRANK J MARENO, the person responsible for the collection and remittance of tax, doing business as (DBA) JOHNNY RAY’S by the Finance Department, dated, 05/01/09 for the period of 9/04,6-7/05, 2/06-12/06, 2/07-3/09 in the amount of $187,236.47 for Sales Tax, is deemed correct and is made final. RESOLUTION NO. 890-09 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against CAFÉ ON 1ST/RODNEY D CARR, the person responsible for the collection and remittance of tax, doing business as (DBA) CAFÉ ON 1ST by the Finance Department, dated, 4/27/09 for the period of 02/2007-04/2009 in the amount of $4,229.70 for Sales Tax, is deemed correct and is made final. RESOLUTION NO. 891-01 BE IT RESOLVED by the Council of the City of Birmingham that the Sales Tax Assessment as levied against COMPLETE SERVICE LLC/MELVIN RAYMOND JR, the person responsible for the collection and remittance of tax, doing business as (DBA) THE SPORTS PAGE by the Finance Department, dated, 04/30/2009 for the period of 06/2008-04/2009 in the amount of $12,068.00 for Sales Tax, is deemed correct and is made final.
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