Refer to council agenda Item 17

Transcription

1 During the Birmingham City Council Meeting for August 9, 2016 Council voted on: An Ordinance to amend Title 2, General Government Chapter 1, Section 15 Ordinances, Resolutions, Motions and Contracts of the General Code Of the City of Birmingham, 1980, by amending Section 15 to give further guidance on action by the Council taken on items introduced on the Council Agenda. Was this item approved? Delayed one week due to the fact that it was not brought up by unanimous consent. What does this mean? Section 15 of Title 2, General Government Chapter 1, of the General Code of the City of Birmingham was requested to be amended as follows: All ordinances, resolutions, contracts and documents introduced to the city council and action having being taken on the said item by the city council, such action taken by the city council shall be adhered to without deviation unless the council president approves re-introduction of the item for consideration for approval by the city council. Items referred to the committee must remain in committee until the committee forwards it to the council with or without a recommendation. Items that are delayed will automatically come back before the council at the end of the said duration. Items that are denied by the council must follow prescribed administrative action or go back through the committee process for a recommendation from the committee. This item was held over from the August 2, 2016 Council meeting. It originally failed due to it being a permanent operation, which requires unanimous consent by the council. There was an objection to this item therefore it was presented on today s Council agenda. Items in violation of this newly introduced item and submission protocol will not be addressed by the council. Next Steps: For more information, please contact the Office of Council President Johnathan Austin at Refer to council agenda Item 17

2 Items approved by the Council at today s meeting include the following: 1. An Ordinance that the Governing Body of the City of Birmingham is authorizing Bainbridge, Mims, Rogers & Smith LLP and such co-counsel that they deem necessary to challenging the legality of Act164/276 on behalf of the City of Birmingham and the City Council and authorize the Mayor of the City of Birmingham to execute the contract. Was this item approved? Yes What does this mean? This item is regarding a lawsuit about the water works assets and the citizens of Birmingham. The Birmingham City Council and the City of Birmingham wish to maintain sole and absolute control of the assets of the City of Birmingham including the Birmingham Water Works Board in order to protect the investment made by its citizens. The Council and the City wish to retain lawyers to represent their interest in accordance with this resolution. Councilors also desire to hire lawyers that will protect their interest, will advocate the same position as the BWWB and will challenge the constitutionality of Act 164/276. The ordinance is executing a contract with the law firm of Bainbridge, Mims, Rogers & Smith LLP to provide legal services in an amount not to exceed $25, for a term not to exceed 3 years. The Councilors are working diligently for the best outcome for the citizens of Birmingham. Next Steps: For more information please contact the Office of Councilor Council President Johnathan Austin at Refer to council agenda Item A Resolution directing Mayor William A. Bell, Sr. to authorize staff to prepare and certify the budget ordinances recommended by the Council for approval at the August 9, 2016 City Council Meeting. A timely response is requested as stipulated in Section 45-37A-52.95(4) of the Code of Alabama Was this item approved? Delayed for one week What does this mean? After overwhelming responses from residents on what they would like to see for the next budget, Birmingham City Councilors are ready to see a budget put in place to address those needs. Councilors

3 held their annual budget tours back in June to go to communities in hopes of learning from constituents about what they see as immediate needs. After gaining insight from residents in all nine districts Councilors submitted their budget proposals to the Mayor on June 22. Councilors met with Mayor Bell on Monday August 8, 2016 during the Economic Development, Budget and Finance Committee Meeting to discuss the Fiscal Year Budget. Councilors would like to have a follow up meeting with the Mayor to discuss the budgeted items in detail. Next Steps: For more information, please contact the Office of Council President Johnathan Austin at Refer to council agenda Item An Ordinance granting a franchise to The Water Works Board of the City of Birmingham for a period of 30 years to acquire, own, maintain, construct, or enlarge a water system within the City of Birmingham and to lay, construct and maintain pipes, mains and other conductors, fixtures and related appurtenances in, along, across and under City streets, for the purpose of conveying and distributing water in and through the City of Birmingham, and to repair, renew and relay and extend such pipes, mains, conductors, fixtures and related appurtenances, and to make all excavations necessary therefor, and The Water Works Board of the City of Birmingham will pay to the City an annual franchise fee equal to three percent (3%) of gross receipts collected within the corporate limits of the City and one and one-half percent (1½%) of gross receipts collected within the City s police jurisdiction. Was this item approved? Approved to be deferred to the next Committee of the Whole Meeting What does this mean? The Birmingham Water Works is working to save $3 million a year for the next 20 years through a bond refinancing agreement. The franchise agreement will help with this process on the bond issue. The franchise fee has reportedly been paid over the years by the Birmingham Water Works even though no agreement was in place. There has not been a franchise agreement with the City of Birmingham over 30 years. The Councilors wanted more time to review the information to ensure that the franchise agreement was in the best interest of the City of Birmingham.

4 Next Steps: For more information please contact the Office of Councilor Jay Roberson, Chair of the Utilities Committee, at Refer to council agenda Item A Resolution authorizing the Mayor to execute an Office Lease with LFH, LLC, as landlord, under which the City, as tenant, will lease 358,000 square feet of space in a building situated on real property located at th Avenue North, Birmingham, Alabama 35203, for use as the City s police and fire department headquarters and for use by the municipal court, for a term of twenty (20) years at an initial annual base rent of $12.33 per square foot, equaling $4,414, per year, plus additional rent to include an annual operations and maintenance charge to the City based on the landlord s actual cost of operating and maintaining the Property, currently estimated to be $5.01 per square foot, or $1,793, for the first year and landlord will provide an allowance for tenant improvements of $37.00 per square foot, equaling a total of $13,246,000.00, with the City to pay for any costs of the improvements above the amount of the allowance and with the City to pay additional annual rental to cover the tenant improvement allowance would be $2.90 per square foot, equaling a total of $1,038, per year. Was this item approved? No What does this mean? With a 10 year lease agreement at an annual payment $4.4 million annually plus additional rent to include an annual operations and maintenance charge, the Haney Building would cost taxpayers millions. With a debt this large, Councilors are asking, What exactly is the building being used for and what is the long term plan for this project? This Council is going to continue to ask hard questions upfront regarding projects and initiatives with long term effects on our residents, Council President Johnathan F. Austin said. The Council is committed to cutting out wasteful spending and misuse of taxpayer dollars which includes this lease agreement. The Council has asked the Mayor during previous discussion if other alternatives have been explored so that they are making the best decision based upon information that can be distributed to residents in an effort of transparency. Next Steps: For more information please contact Brittany Sharp, Director of Public Information for the Birmingham City Council at

5 Refer to council agenda Item A Resolution supporting the Residents of the East Birmingham Community regarding public safety issues and Kingston Fire Station #8. 6. An Ordinance TO FURTHER AMEND THE CAPITAL FUND BUDGET for the fiscal year ending June 30, 2017, by appropriating $3,000, to Fire Station #8. Was this item approved? Item 27 was withdrawn and Item 78 was deferred to Budget and Finance Committee Meeting What does this mean? Capital improvements are costs related to making changes to improve capital assets, increase their useful life, or add to the value of these assets. By amending the Capital Fund Budget, the City of Birmingham would like appropriate bond funds to the Capital Fund Improvements for a new Fire station #8 located in the Kingston Community. Next Steps: For more information, please contact the Office of Councilor William Parker at Refer to council agenda Items 27 and A Resolution authorizing the Mayor to execute an agreement with the Erskine Hawkins Tuxedo Junction Park Association, Inc. and to expend funds in an amount not to exceed $55, for goods and services to include, but is not limited to, police, fire, parking, staging, printing, and other things of value in connection with hosting of the Function in the Junction Festival in the City of Birmingham. Was this item approved? Yes What does this mean? The Function in the Junction Festival is the highlight of the Ensley community, as it brings music, games, vendors and more to Erskine Hawkins Park. Named after Hawkins famed tune Tuxedo Junction, the festival celebrates true southern tradition with family, food and soulful music. It seemed only fitting to citizens that the festival be commemorated and held in the park across from where Hawkins composed one his most famous pieces. Councilors wanted to make sure this item was included in the budget to be funded.

6 Next Steps: For more information, please contact the Office of Councilor Marcus Lundy at Refer to council agenda Item A Resolution appointing one (1) member to the Birmingham Water Works for one (1) term expiring November 30, Was this item approved? Yes What does this mean? William Muhammad will now fulfill the unexpired term of former Birmingham Water Works Board member Ann Florie who recently resigned. The Birmingham Water Works is recognized as being one of the Top 5 Water Utilities in the nation. Next Steps: For more information please contact the Office of Council President Johnathan Austin at Refer to council agenda Item 82 For the full Birmingham City Council Agenda click here! Announcements and Reminders 1. The Public Safety/Transportation Committee Meeting will be held Monday, August 15, 2016 at 4:30 p.m. in the City Council Chambers. 2. The Planning and Zoning Committee Meeting will be held Monday, August 15, 2016 at 4:30 p.m. in Conference Room A 3. The Utilities Committee Meeting will be held Tuesday August 16, 2016 at 2:00 p.m. in Conference Rooms D & E. 4. Councilor Marcus Lundy and the citizens of District 9 will host the Summer Jams Ensley Alive Event on Saturday, August 20, 2016 from 3:00 p.m. to 7:00 p.m. in Downtown Ensley at Avenue F & 19 th Street. Are you unable to attend the Birmingham City Council meetings? Watch Council Meetings on demand. From anywhere in the world you can log on to and click on the tab Meetings and scroll to WATCH Live Council Meeting; or from the comfort of your home, tune in to Bright House Cable Channel 340 beginning at 7:00 p.m. Central Standard Time. The Birmingham City Council meetings are free and on demand. You are receiving this message

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