OFFICIAL INAUGURATION OF MAYOR-COUNCIL ELECT NOVEMBER 3, 2014 - 10:00 A.M. CONVENTION HALL - GADSDEN, ALABAMA A welcome was extended by Iva Nelson, and the Colors were presented by the JROTC Color Guard Unit. The Gadsden City High School concert choir sang the National Anthem and “This is Why We Sing”. The invocation was given by Rev. Dedric Cowser. The Oaths of Office were administered to the officials, as follows: (1) Councilwoman Cynthia W. Toles - By The Honorable Carnella Greene-Norman, District Judge, Tenth Judicial Circuit of Alabama, assisted by Ruldoph Toles and Audrey Toles (2) Councilman Deverick Williams - By Michele Graham Bradford, Director of Legal Affairs, Gadsden State Community College, assisted by Yvette Williams. (3) Councilman Thomas Worthy - By The Honorable Andra Sparks, Presiding Judge, City of Birmingham, Alabama, assisted by Charlotte Worthy (4) Councilman Robert Echols - By Etowah County Probate Judge Bobby Junkins, assisted by Betty Echols (5) Councilman Billy Billingsley, Sr. - By Michele Graham Bradford, Director of Legal Affairs, Gadsden State Community College, assisted by Sheila Billingsley, Billy Billingsley, Jr., Jay Tinker and Kaye Tinker (6) Councilman Johnny Cannon - By Etowah County Probate Judge Bobby Junkins, assisted by Lana Cannon (7) Councilman Ben Reed - By City Clerk Iva Nelson, assisted by Barbara Reed (8) Mayor Sherman Guyton - By Etowah County Probate Judge Bobby Junkins, assisted by Debra Guyton and Grace Guyton OATH OF OFFICE I, ____________________ solemnly affirm that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God. Mayor Guyton reported on the past administration and presented encouraging remarks concerning the next four years. The benediction was given by Rev. Larry G. Weathers, Sr.. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL CHAMBER - CITY HALL - GADSDEN, ALABAMA NOVEMBER 3, 2014 - 11:30 A.M. The City Council met on November 3, 2014, in regular session. The meeting was called to order at 11:30 a.m. by City Clerk Iva Nelson. On roll call the following council members answered present: Toles, Williams, Worthy, Echols, Billingsley, Cannon and Reed. The clerk stated a quorum was present and the meeting was open for business. Mayor Guyton, Chad Hare, Lee Roberts and Chief Crane were also present. The invocation was given by David Lawson. The minutes of the last work session and council meeting held on October 28, 2014, were approved by unanimous vote. Payment of the HTE System accounts for the week of October 24-30, 2014 were ratified by unanimous vote. #152639-152784 General $1,235,749.01 ELECTION OF COUNCIL PRESIDENT The following resolution was introduced in writing for consideration: RESOLUTION NO. R-250-14 ELECTING CITY COUNCIL PRESIDENT (Electing Deverick Williams as President of the City Council - For term ending November 5, 2018) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilman Billingsley and unanimously adopted. (The City Clerk presented the gavel to President Williams at this time.) ELECTION OF COUNCIL PRESIDENT PRO TEMPORE The following resolution was introduced in writing for consideration: RESOLUTION NO. R-251-14 ELECTING CITY COUNCIL PRESIDENT PRO-TEMPORE (Electing Johnny Cannon as President Pro-Tempore of the City Council - For term ending November 5, 2018) Councilwoman Toles moved to adopt the resolution as introduced, which motion was seconded by Councilman Echols and unanimously adopted. RESOLUTIONS PRESENTED FOR CONSIDERATION: (1) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-252-14 ELECTING CITY CLERK-TREASURER (Electing Iva Nelson as City Clerk-Treasurer of the City of Gadsden - For term ending November 5, 2018) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilwoman Toles and unanimously adopted. (2) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-253-14 AUTHORIZING RETENTION OF EMPLOYEES (Verifying that all current officers and employees will continue to serve - Providing that new positions will require Council approval - Providing for Mayor to employ an administrative assistant, director of economic development and governmental affairs, executive secretary, and office secretary) Councilman Echols moved to adopt the resolution as introduced, which motion was seconded by Councilman Cannon and unanimously adopted. (3) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-254-14 AUTHORIZING CONTINUATION OF DEPOSITORIES (Providing that current banks/financial institutions will continue until other action is authorized by the Council) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilman Echols and unanimously adopted. (4) A resolution approving appointments of Council members to standing committees was presented. President Williams advised that action will be deferred until next week’s meeting; therefore, the resolution will be placed on the November 12 agenda. (5) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-255-14 ADOPTING RULES OF PROCEDURE FOR COUNCIL BUSINESS (Adopting rules of procedure for Council business, with amendment to Rule 1. Regular Meetings - Providing for meetings on first, third and fifth Tuesdays at 11 a.m. - Providing for meetings on second and fourth Tuesdays at 5 p.m. - Note: Original rules were adopted by R- 371-02; R-678-05 made slight amendments to comply with the Open Meetings Act; R-55-07 reaffirmed the rules for the 2006-2010 administration; R-299-10 reaffirmed the rules for the 2010-2014 administration) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilman Worthy and unanimously adopted. (6) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-256-14 AWARDING BID NO. 3275 (Awarding Bid No. 3275 - On-Site Grinding Services at inert landfill, 110 Burnsway Drive - Adams Clearing Company, LLC - Unit prices) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilwoman Toles and unanimously adopted. (7) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-257-14 AWARDING BID NO. 3276 (Awarding Bid No. 3276 - Unfinished Traffic Signs and Posts - Traffic Signs, Inc. - Unit prices) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilwoman Toles and unanimously adopted. (8) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-258-14 AWARDING BID NO. 3277 (Awarding Bid No. 3277 - Finished Traffic Signs - Traffic Signs, Inc. - Unit prices) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilman Echols and unanimously adopted. (9) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-259-14 AUTHORIZING SUPPLEMENTAL AGREEMENT #2 WITH ALABAMA DEPARTMENT OF TRANSPORTATION (Authorizing Supplemental Agreement No. 2 - ALDOT - For bridge replacement on South 11th Street at Black Creek - Changing completion deadline from January 17, 2015 to January 14, 2019) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilman Billingsley and unanimously adopted. (10) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-260-14 AUTHORIZING AGREEMENT WITH JBW&T, INC. (Authorizing Agreement - JBW&T, Inc. - Estimated cost of $27,000.00 - Black Creek Drainage Improvements Pipe Replacement Project - For project inspection and QC/QA-Materials testing) Councilman Reed moved to adopt the resolution as introduced, which motion was seconded by Councilman Cannon and unanimously adopted. (11) The following resolution was introduced in writing for consideration: RESOLUTION NO. R-261-14 AUTHORIZING AGREEMENT WITH S&ME, INC. (Authorizing Agreement - S&ME, Inc. - $21,400.00 - Environmental Services for a Gas Ventilation Trench modification - Closed sanitary landfill located off Noccalula Road) Councilman Cannon moved to adopt the resolution as introduced, which motion was seconded by Councilwoman Toles and unanimously adopted. ORDINANCES - FIRST READING The following ordinances were introduced in writing and read by President Williams: (1) ORDINANCE - AMENDING CITY CODE SECTION 118-129 TO ESTABLISH A NO PARKING ZONE ON A PORTION OF MALONE STREET (2) ORDINANCE - AUTHORIZING CREATION OF A PRE-TRIAL DIVERSION PROGRAM FOR GADSDEN MUNICIPAL COURT Tom King, Municipal Court Presiding Judge, explained the program, which can be established pursuant to State law and involves misdemeanor and alcohol offenses. A one-time administrative fee will be charged to participants. Their offenses will be reflected on background checks and will be shown “dismissed” when the program is completed. Since no action was taken in this meeting, the ordinances will be placed on the agenda of the next regular meeting for consideration. NEW BUSINESS (1) Councilman Cannon introduced the following resolution in writing for consideration: RESOLUTION NO. R-262-14 AUTHORIZING TAX ABATEMENT AGREEMENT WITH S.I.P., INC. OF DELAWARE