CITY OF LANETT

REGULAR SCHEDULED COUNCIL MEETING

March 6, 2006

The City Council of the City of Lanett, Alabama, met in regular session on Monday, March 06, 2006, in the Council Chambers of the Lanett Municipal Complex at 6:00 P.M. The roll was taken and the following were found to be present: Councilmember Malone, Councilmember Heard, Councilmember Duskin, Councilmember Yarbrough, and Councilmember McCoy. Mayor Oscar Crawley was present and presided over the meeting.

Reverend Gary Armes said the invocation and led the pledge of allegiance.

Councilmember McCoy made the motion to adopt the prepared agenda. Councilmember Duskin seconded the motion. Motion unanimously carried.

Councilmember Yarbrough made the motion to dispense with reading and to adopt the minutes of the regular scheduled meeting of February 6, 2006. Councilmember Duskin seconded the motion. Motion unanimously carried.

Councilmember Malone just wanted to say Happy Belated Birthday to the City of Lanett, which turned one-hundred eleven (111) years old this past February 2006. Councilmember Malone congratulated the Lanett Recreation Department the 12 years of age under boys, the 12 years of age under girls, and the 14 years of age under boys for winning the district tournament and the State tournament will be held Friday, March 10, 2006. Councilmember Malone asked if Director Tucker had any comments on the tournament and Director Tucker said they took five teams to Sylacauga, Alabama this weekend and three of the age groups won the tournament. Director Tucker stated the comments on the transit bus had been real good.

Councilmember Heard made a motion to adopt “Resolution 03-06-02 - A Resolutions Authorizing Gas Rate Calculations”. Seconded by Councilmember Duskin. Councilmember Malone asked City Manager Holley what this would mean for the citizens. City Manager Holley told Councilmember Malone that this allows the City of Lanett to lower the minimum gas bill and keeping our distribution margins so the City of Lanett still would have enough money to operate. City Manger Holley said when he came to work with the City of Lanett that a rate study had not been done in quite some time and the City of Lanett does not know if we are making anything. Municipal Gas Authority of Georgia will be here March 7, 2006 and they will do the rate study on all of the utility services. If the City of Lanett had to get another engineering firm to do the rate study it would cost up into the thousands of dollars. City Manager Holley said that the City of Lanett doesn’t know if it is making enough money or making too much on gas, because there hasn’t been a rate study in years.

Councilmember McCoy ask City Manager Holley if the utility bills had been sent out for this cycle billing City Manager Holley stated that the city was waiting on the council to consider this resolution before closing the cycle for billing. City Manager Holley stated that he and City Clerk Daniel had looked for the ordinance and had not found where it stated the formula. Councilmember McCoy said that in 2000 the council voted for gas rates to float based on purchased gas performance. Councilmember McCoy asked City Manager Holley did he use a different formula for February 2006 than October 2000. City Manager Holley stated that January 2006 gas consumed was billed out at the same formula and that February 2006 used gas was being billed with proposed formula. Councilmember McCoy asked why a different formula was used on a resolution that has not been passed. City Manager Holley said that he was worried about the customers and trying to keep the bills lower. Councilmember McCoy then asked why this resolution was being presented tonight instead of council meeting dated February 6, 2006. City Manager Holley stated that Councilmember McCoy came to my office and told me that I had broken the law. Councilmember McCoy asked if the gas rates changed was based on what the City Manager Holley and Mayor Crawley wanted and then why did the council sit in the council chamber and discuss utility rates in August of 2005, September 2005 and then passed a resolution on October 3, 2005 to raise electrical rates. City Manager Holley said the City of Lanett lost $90,000.00 last year and estimates that the loss would have been $150,000.00 for the year 2006. Councilmember McCoy stated that the council voted on the resolution and City Manager Holley stated of course they did. Councilmember McCoy stated that on February 6, 2006 council meeting Mayor Crawley said the City of Lanett’s gas rates were set by the past administration and this statement is not true. Mayor Crawley stated that he had done research on the gas rates back in December 2005 and January 2006 and compared the rates to now and that the City of Lanett was paying less then than now. Councilmember McCoy stated that the gas has gone up and that is what we have been telling everybody and the price is supposed to adjust to the formula. Councilmember McCoy stated that the City of Lanett is holding bills right now to wait on this resolution to be passed. Councilmember McCoy stated that the City of Lanett had sent out the bill on February 2, 2006 last month and the council meet on February 6, 2006 and if the rate had been done correctly we would have held bills then and let the council have the opportunity to pass the ordinance. If this had been done correctly after Councilmember Malone’s in depth speech, you would have told him that you changed the gas rates. Councilmember Malone made a motion to table the resolution until a rate study was complete. City Attorney Nix said that what McCoy was saying had been well taken and that the rates, by ordinance, must be set by the council. Attorney Nix stated that if the motion to table the resolution passed then the rates used during the last billing cycle in an attempt to save money needed to go back to the past formula until the rate study. City Manager Holley stated that the first 500 cubic feet of gas had been approximately $23.00 and with the new rates would be down to approximately $12.50. The following roll call votes are as follows: Councilmember Malone – Yea, Councilmember Duskin – Yea, Councilmember Heard – Yea, Councilmember McCoy – Yea, Councilmember Yarbrough – Yea, and Mayor Crawley – Nay. Motion carried with tabling the resolution.

Councilmember McCoy recognized Superintendent Looser for being here tonight and hope at the next council meeting that Coach Pickard and the basketball team could be here to honor them. Councilmember McCoy wanted to congratulate the Lanett High School basketball team on another outstanding season and that they came up short by three (3) points. Councilmember McCoy announced that the next Lanett City Board meeting would be March 13, 2006 at 5:30 PM at the Lanett Municipal Complex council chamber.

Councilmember Duskin made a motion to adopt “Resolution 03-06-03 A Resolution To Amend Lanett Personnel Policy.” Seconded by Councilmember Yarbrough. Councilmember Malone asked have the City of Lanett filled this position yet. City Manager Holley stated that an individual is in that position and if this position is passed then we will post it and interview all candidates. Councilmember Malone asked how you could select without getting permission from the council. City Manager Holley stated that he has not actually called it that position, with Mayor Crawley’s permission I transferred an individual to handle matters of personnel policy and insurance since the City of Lanett has been self funded. City Manager Holley stated that during the months he had been with the City of Lanett that the majority of problems were with interpreting the personnel policy and normal human resource. Councilmember Malone asked what if the position does not pass and you have put her there then what will happen to her. Mayor Crawley stated that this is a temporary assignment. Councilmember McCoy stated that how can this be a temporary assignment when the personnel policy allows for an individual to assigned for 6 months and the grade level only change from one step within their current grade and was currently at grade VI step 5 and moved all the way to grade XIII. They went from $20,000.00 a year to $40,000.00 plus a year and that is not a temporary assignment that is a job creation. Councilmember McCoy asked about the creation of the new position and about having interviews for a job when everyone already knows who will get the job. Councilmember Malone asked if the person had been involved with the personnel records. City Manager Holley said that she had been working on emptying a vault that had not been cleaned out in about 20 years. Councilmember McCoy said that on February 7, 2005, the council voted to uphold a decision by acting city manager, which stated that Rickey Billingsley had erroneously promoted to the rank of major in a 5-1 vote because the mayor did not have the authority to promote, and there was not job posted. Councilmember McCoy asked to tell the difference. Councilmember Malone stated this is the same identical thing. Mayor Crawley stated that a different mayor and council had promoted Rickey Billingsley. Roll call vote as follows: Councilmember Malone – Nay, Councilmember Duskin – Yea, Councilmember Heard – Nay, Councilmember McCoy – Nay, Councilmember Yarbrough – Yea, and Mayor Crawley – Yea. Motion failed to pass. Councilmember McCoy asked if the City of Lanett would now have a city employee with no job description, no title and no standing with the City of Lanett but that is employed and paid. Attorney Nix said the person had been placed in a position that is not specifically listed and itemized in the personnel policy and therefore was done in error. Attorney Nix stated that the appointment is not valid since the resolution was not passed and the position would not exist. Attorney Nix stated that the duties would have to be reassigned and it was a good faith error. Councilmember McCoy asked about the position that this employee previously held and City Manager Holley stated that the position had already been filled. Councilmember McCoy stated that this council has no other opinion except to make a motion to dissolve the position currently held by Jennie Gunnells in the City of Lanett, because we do not have anywhere to put her at this time. Attorney Nix said that you did not have to make a motion and it stands for itself. Attorney Nix said this is invalid and it was just a good faith error to do what is in the best interest of the city. Councilmember Malone said that personnel record had been used to discriminate against a former employee and where does that leave us. Attorney Nix states that this was a unique situation. City Manager Holley asked Attorney Nix for some guidance because a longtime employee who has done a good job for the City of Lanett would be losing her position. Attorney Nix said that he and City Manager would have to get together and report back to the council as what the alternatives are. Councilmember Malone said that the position had been split up with the City Clerk, Treasurer and Accounts Payable Clerk. City Manager Holley said I want to understand the intent and should I tell the long time employee to hit the road. Councilmember Malone stated that you should have come to the council before creating that position. Mayor Crawley stated that she has the right to go back to her position. Councilmember McCoy said that the position has been filled and if they do that without posting the position, they are doing the same thing. Mayor Crawley said that the Attorney Nix and City Manager Holley would work on this problem and bring it back to the mayor and council. Councilmember McCoy said the employee needs to know what to do in the morning, if she needs to come in or not. Attorney Nix said not at this time she does not have a position until City Manager Holley and I report back to the mayor and council. Councilmember McCoy said that means Mrs. Gunnells does not need to report to work tomorrow and Attorney Nix said this is not a valid position at this time. Councilmember McCoy asked do we need to continue to pay her. Attorney Nix stated he would to get with the City Manager Holley and bring the decision back to the mayor and council, because this is a unique situation.

Councilmember Duskin congratulated the Lanett High School Basketball team and it was an exciting game. Councilmember Duskin thanked Street Superintendent Bass on the clean-up trash and said it was looking good, but has a long way to go.

Councilmember Yarbrough made a motion to adopt “Resolution 03-06-01 - A Resolution To Authorize The City Manager To Prepare A Draft Classification Plan For The City of Lanett, Alabama”. Seconded by Councilmember Duskin. Councilmember Malone asked what is the difference that the resolutions passed several months ago. City Manager Holley stated that this resolution was stated differently than the other resolution and the wording is a little different. The last resolution required a massive over haul of the whole systems. City Manager Holley said the City of Lanett is having a hard time finding qualified candidates, getting them trained and then keeping them. The changes would be to extend the current grades to fifteen (15). Councilmember Malone asked about Auburn University to do a free study. City Manager Holley said that the City of Lanett couldn’t afford to do the entire city employees at one time; instead the City of Lanett would look at the police department. Councilmember Yarbrough said we want to get at least competitive with our sister city. City Manager Holley stated to Councilmember Malone this is a study. City Manager Holley said the study would be brought back to the mayor and council. Roll call vote as follows; Councilmember Malone – Yea, Councilmember Duskin – Yea, Councilmember Heard – Yea, Councilmember Yarbrough – Yea, Councilmember McCoy – Yea and Mayor Crawley – Yea. Motion unanimously carried.

Councilmember Yarbrough congratulated the Lanett High School Basketball Team for a great season

Mayor Crawley said that the City of Lanett is very proud of the Lanett High School Basketball Team and for going back to back to the championship.

City Manager Holley recognizes Keith Justling and he is the senior project manager for Veolia Water.

City Manager Holley commends Superintendent Mike Bass for the work he has done to decrease the City of Lanett water loss. It now stands at 6.04 percent with the State of Alabama saying that anything under 15 percent is outstanding. Superintendent Mike Bass said this is the lowest he has ever seen since working with the City of Lanett.

City Manager Holley said that Brian Smith with MGAG would be here Tuesday March 7, 2006 for the rate study.

City Manager Holey said that the fire chief interviews have been narrowed down to four candidates and the interviews will be broken up into two days.

City Manager Holley said the City of Lanett had a meeting and the work on the safety cones at the Lanett Municipal Airport will begin in about two weeks. The City of Lanett has received $128,000.00 from FFA for buying the land on the east end of the airport and the runway project has also begun. City Manager Holley called the Aeronics thanking them for the money the City of Lanett received.

City Manager Holley said the paving bids for the West Shawmut Sewer Project would be opened on March 20, 2006.

City Manager Holley stated that the City of Lanett is working with the Towry’s to pursue a community enhancement grant.

City Manager Holley said he will be speaking at the Lanett Methodist Church on behalf of the City of Lanett next Monday, March 13, 2006.

City Manager Holley said the Lanett transit is up and running and Kenny Kitchens is the driver. The schedule will be in the paper.

City Manager Holley said Fred Bennett would be at the next council meeting on March 20, 2006 to discuss the J.T. Greene project. Councilmember Duskin ask if there was any problems with the J.T. Green Project and City Manager Holley said no.

City Manager Holley said for the Chattahoochee River Festival there will be “Happy Crappy Month” and the City of Lanett will sponsor a “crappy yard sale” on April 22, 2006 at the Lanett Mill parking lot with the Lanett Police Department serving breakfast. The Lanett Police will be making money for defibrillators.

City Manager Holley said that the Springwood School will be having “Wildcat Work Day” on April 21, 2006 to clean, fix, painting, scrub and other things around the City of Lanett.

City Manager Holley said the “Lanett Litter Task Force” will be targeting areas constantly littered and will be putting out receptacles in the areas and members of the task, which are police officers. They will have cameras and will be looking out for litterers.

City Manager Holley said the sales tax collection is up from last year. The collection for the past month was $180,000.00 and last year it was $116,000.00.

They’re being no further business to come before this Council, motion duly made, meeting was adjourned.

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Oscar Crawley, Mayor

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Deborah Daniel, City Clerk