City Council - Regular Meeting

We will call this Monday, March 9th, council meeting to order. Ask the clerk to call the role. Council President Middlebrooks here. Council Pro Tim Driver here. Council member Schultz here. Council member Smith present. Council member Levelville present. Council member Murphy. Council member McClinton here. Okay. if you'll all rise uh for the imitation from the city clerk and then we have some scouts here with us that will come down if y'all will introduce the troop that you're with and then lead us in the pledge of allegiance after the invocation.

Dear heavenly father we thank you for all the blessings that we receive. We thank you for the leaders and for all the decisions that they make and having wisdom and understanding as they make it in the name of your son Jesus Christ. Amen.

We're with pack 119. To the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

[clears throat]

Okay, council should have received the Copy of the agenda. Do I have a motion for approval? Make a motion to approve. Second. Have a motion and a second. Any comments from council before we vote on it? Seeing none, all in favor say I. I. Those opposed. All right. We will move on to announcements and reports. Uh before I hand off the meeting to the mayor, please be bear with us tonight. We have a pretty lengthy premeating agenda. So, Mr. Mayor, at this time I'll hand off the meeting to you.

Mr. President, council members, uh, this past weekend, you know, I love to talk about the standard of excellence, and we had a standard of excellence all weekend. Saturday, I enjoyed going down to the BJCC, seeing the girls Hoover High School basketball win the sixth straight uh state championship, which is really a phenomenal regardless of what level you're playing in sports to win six years in a row is is really unbelievable. And the boys unfortunately came a little bit short, but a heck of a year to uh come in secondh in the state. And then uh as I was watching those ball games Saturday, my wife was at Thompson High School watching the preliminaries for the Miss Alabama team. And uh I did attend yesterday. And uh again, we love winners. And uh Ger Feldman, who's with us tonight, is the new Miss not only Hoover teen, she is now representing the state of Alabama as Alabama teen. So let's give her an applause. [applause]

[applause]

Julie Bentley, come down here, please. I know you love this. All right. Julie Bentley became the director of the Miss Hoover team in 2018 with her dedication and knowledge of the pageant world. She is from Clanton, Peach Queen. She has built the Miss Hoover and Miss Hoover Teen program into one heck of a success story. Caitlyn Matier was named Miss Hoover in 2019 and again in 20 due to the pandemic and then completed Miss Alabama in 21 and was named fourth alternate. Jella Duncan was named Miss Hoover's teen in 2022 and then was named first alternate for the Miss Alabama's teen in the 22 pageant. Abby Stalker named Miss Hoover 24 went on to win Miss Alabama 24 and Miss America in 2025. Ali Mens served as Miss Hoover teen in 24, named Miss Alabama teen in 24, and first alternate in the Miss America team 2025, and now serves as Miss Hoover 26 and will be going for Miss Alabama pageant in June. Emma Terry, who's sitting up front here, served as Miss Hoover in 2025, then named Miss Alabama in 25, and named fourth alternate in the Miss America pageant. And now Greer Feldman, Miss Hoover Teen in 26 and yesterday named Miss Alabama team. She'll be competing for Miss American team 2027 in the fall. These young ladies, young ladies are more than just title holders. They are just tremendous ambassadors for the city of Hoover. And I just wanted you guys I I asked them yesterday after the pageant, please please come tonight. And Julie, I want y'all to come up front. Girls, please come up front with me. We got some special gifts for you.

[laughter]

[laughter] [applause]

I talked about the standard of excellence and love winning and now to have Miss Alabama who was Miss Hoover to have Miss Alabama team who was Miss Hoover team. doing something right in the city of Hoover. So, we love it. So, thank you very much. [applause]

[applause]

I'll make it quick. There's a lot going on. But as successful this has been, it's because Hoover attracts the best. And we have girls from all over the state that want to compete here because we have a city council and a mayor and a fire chief. He doesn't have a choice. And a police chief and um city attorneys that will help make 501c3s for our girls who poor Steve is on speed. I'm like, "Steve, I need an ad. Mr. Jean, I need something." You know, mayor, I need something. Miss Stephanie, I need something. So, I hate to drop some names and not others, but Amanda Bordon and Melanie Posie and um uh who else did it? Erin. Erin did a um a a mock interview for Greer a couple weeks ago. So, there's always people if I call and I hate to say this, but I've never been told no. And I don't mean that in like an arrogant way, just that everybody wants to help. So, we can't I can't do it if I don't have the support and backing of the city. So, thank you so much for everybody that helps.

Hey, keep winning. Thank you. Keep winning. [applause]

I think the scouts are next on the on the J. Yeah, I think I'd like to introduce the scouts from Troop 119. If you guys want to stand for us, thank you so much for joining. They earned their community badge this evening [applause] and led the pledge. Um they meet out at St. marks. And fun fact, they're called Troop 119 because they're on Highway 119. So, thank you for being here.

Next, I'd like to recognize the Hoover High School Ethics Bowl program. And please invite coaches Reed Lockam, Anita Bergmer, and Jake Smith, please come down. The Hoover High Ethics Bowl team won this year's state competition hosted by the Philosophy Department of the University of Alabama on Saturday, February 7th. It marks the first fourth consecutive title. That's right. Unbelievable. Yes. Fantastic. Plea, please come up and uh introduce the the group. Um

thank you, Mayor Ders. Uh yes, we're really pleased to be here. Um and thank you to the city for taking time to recognize our ethics bowl program. Uh if you're not familiar with ethics bowl, uh don't blame yourself. It's a brand new thing in the state of Alabama, um just for the last 5 years. Um ethics bowl is all about learning to listen to people when we see things differently. It's all about learning to uh communicate respectfully with people when we see things differently. It's all about learning to um work together with people uh when we see things differently to come to a good solution. I think all of us in this room can probably agree that's a pretty important set of skills uh for young people to have. So our team this year uh comprises six students from Hoover High School. Akille Patel uh and Evie McDanel were our uh team captains. Uh Judah Posey and Gavin Tidwell, our seniors in the program who did great this year. And then Emily Anne Corbetta and Milana Kaikal are our two freshmen in the program and no pressure on them to keep the program alive next year. So uh I want to say congratulations to all those kids for working so hard. Coach Bumgner uh who is here with me and unfortunately Coach Smith couldn't be here. Uh this is something that coaches and [snorts] I do as a labor of love. There's not a stipen for this right now yet. Um, but I'm hoping one day to get one for uh, Coach Bumgner and the wonderful work that she does on this program. So, thanks to everyone for uh, recognizing our program.

Any of the students here?

Yeah, several of the students are here. So, students come up and come on up. Give a picture. Thank you. Okay, at this time I will call down Chief Morris who will give us a uh report for the 2025 just stats. for the police department. It's hard for me to say statistics for some reason. So,

thank you, Mayor, Mr. President, council members. Just a quick we have a little PowerPoint we may be able to pull up also as well, just highlight a few stats and just in brevity. we continue to have a great decreases in our crime rates in the city and just please it's a it's a privilege for me to work with the men and women of the department because it's truly it's their dedication it's their effort it's the tireless work they put in day in and day out that keeps our community our citizens safe but our first slide you'll see our population growth kind of 2025 from last year to this year we increased about 1,400 residents in the city um that's important to note with our calls for service then the next slide you'll see is our calls for service for 2025 We increased again uh you know a little over a thousand calls for service. We had 154,647 calls for service. Um that that's a that's a large number for a city. Look, we're no different than any other size city of us in the country, but when you think about 154,000 calls for our men and women to respond to, that's that's significant. And again, they work tirelessly to keep our city safe. Um if you look at at the next stat is our crime stats year after year for the last you know 18 or so years if it that's a busy chart but you look at the bottom at 2025 the third row from the bottom you'll see three green lines across that row. Um those are decreases and they're actually decreases the lowest point in 18 years in those categories for burglaries and theft of property from vehicles. Again you can see it was a negative 14% decrease a negative almost 12% and a 5% decrease from last year. And historically the decreases are staggering for 18 years. I mean 77% 58% 39%. Most cities do not see those type of crime reductions year after year. Um so again it's it's just uh it's a testament to the men and women of the department that keep continuing to be proactive in their efforts and and continue to have our crime rates reduce. On the next the next slide you'll see just our cases generated for the year. 8795 cases for the year of all reports. That's a significant number that our

officers are working year in and year out dayto day. And then the last slide there is just our citations and warnings and accidents for the year. We issued uh 15,941 citations. We wrote 8,431 warnings. We worked a total of 3,81 accidents. Um, again, I can't uh brag upon the men and women of our department enough for the things that they do, the tireless efforts that they do to continue to keep our citizens and our communities safe. Again, most most cities are not this fortunate. And that's just a very brief overview for the year, and I I thank you for giving me the time.

Thank you, Chief. Uh, you know, it's not it's not an accident that they keep lowering. It's still a testament to you guys. Uh, you know, the leadership and the people that are on patrol every day in our schools every day. Um, they, you know, all of our guys do a phenomenal job. So, thank you. Yes, sir. Thank you. [applause] At this time, I'll ask uh Blake Miller to come up. uh he'll give give us a NCFI update and a Hoover East update.

Thank you, Mr. President, council mayor. I'd like to introduce one other excellent piece that we have uh as part of the city of Hoover as one of our teammates. Um, so the NCFI project is a pretty large project that we have going on at the public safety center. Um, and uh, we we determined real quick that we needed some assistance with that. And so we employed the the the help of Le Moine um, program services to help us with the program management of this project, the construction project. And um, behind me is Bill Heath. So I'll turn it over to Bill in just a second. But um, immediately following this one, uh, we also employed um, Mr. Heath services to help us with the Hoover East Sports Park. So, we'll get an update from from him for that project as well.

Thank you, Blake. Council, Mr. Mayor. U so we awarded the project back in the fall and have gotten underway. Uh if you've been out by there lately, you've seen the fence has gone up, isolating the construction area. Uh and this is the the as you see on the screen the the new two-story edition on the east side of the Pope Works building. Uh all of that that you see new will service the NCFI along with expansion renovation their space on the on the interior. So we are uh just in the earliest stages uh getting ready to start our deep foundations. we had to uh work with internal external teams to reroute the uh 911 and all the other uh low voltage services in and out of the building. So, we're near the completion of that step which will allow us to start the deep foundations. Uh I do want to recognize other team members, our architects, Turner Batson, our general contractors, MJ Harris. We've got an amazing team all working very smoothly together and we have taken the time that we've had early on in this to uh to achieve a lot of the purchasing and procurement that will be needed for the new building while some of these slower activities have taken place at the beginning of the job. So, uh again, our overall duration for this project is a two-year window. Um so, we're tracking well towards that as we speak. uh and the foundations will start uh going in here in a couple of months and hopefully by midsummer we'll start seeing some things go vertical. So uh very pleased with the entire team and uh if anybody had any questions related to the project be glad to answer. I know there's a few more pictures in the slide if you want to flip through to those, but uh so the if you p the the yellow there are the areas that we're working. the the yellow to the bottom right is the expansion to the exterior of the

building and all the small yellow areas that you see inside are the new areas where we're actually taking the um uh what was the state uh uh revenue department space they've vacated and we're turning all that into NCFI space now go to the and that would be the interior the pink is is where revenue was. The orange is old NCFI that we're renovating while we're giving them new space. We're going to renovate the old. So, the orange represents what we call phase three. Uh but we're not necessarily saving that for the end. Our our contractors and architect have worked well to come up with plans to get as many of those things done early and out of sequence to help uh streamline the completion. Just a couple of screenshots of the the work underway. That's if if you were ever in the revenue department, it didn't never look like that until recently. So, it is uh uh they have gotten that gutted. They've got the fence up. Uh we had to create two new data rooms to bring all this uh rerouted data into the building. So, that's just a quick photo of that. And uh if there are any questions related to the project, be glad to answer. I don't want to take up too much time.

Any questions for Mr. Heath concerning the NCFI? All right. Thank you, Mr. Chief.

And then uh we also have the privilege of being a part of the team uh getting the power and lights back on at the Hoover East project for very briefly. Uh a 30-year-old park. Uh the electrical system had just lived out its life. It took a lot of research to determine that. Uh but uh you know, again, three as we refer to them, the three hubs out there. Hubs A, B, and C. A being the softball fields, B being the uh baseball fields, and C being lacrosse and soccer. And uh so it's been a process. We awarded that work also in the fall. Uh after considering direct uh design and construct, hiring contractor, we considered an option from Alabama Power, they presented to us that they could do all of it, not just the lighting. And so upon review of that found it to be the quickest and best benefit for the city to get us back running at the earliest possible date. So uh the teams there's actually three or four different entities or parts of Alabama power. They're working together to uh bring the project through lighting power and primary service. And they've all worked in conjunction. They have uh completed the work on hubs B and C. And uh had we not had weather tonight, I'd be leaving here to go there for the light aiming uh celebration. So we're doing that tomorrow night. Uh hubs B and C are completing and then we have an opportunity with city team members to go through all the facilities that have been turned off for a year and get those restarted so that when we open them back up to the the public for use that they will um uh concessions, all those things we we intend to have online. Hub C being the last. Uh some pictures of I'm sorry, hub A being the last. Uh just working from east to west and they have just completed the lighting portion of hub A

and are working now to complete the power which will be their final. That includes the training facilities, batting cages in the back of the park and also adding some additional lighting to uh to better light the park. And we're even putting uh power poles and lights out to the boat launch out on the Kahaba. So that will be more secure, have cameras for uh public safety there. So uh projects come along well. Alabama Power has been a a good teammate for us on that and um we're looking forward to wrapping that up the next few weeks.

Very good. What's the target date that families could expect to start playing ball again? Uh we're going to start playing ball uh turnover on the 16th of this month for hubs B and C and by the end of the month for hub A. Great. Any further comments or questions? Mr. President, um does this mean that they'll be able to play part of spring ball? Yes, sir. Those fields? Yes, sir. We we've worked close with the parks and recck department to communicate when they can make those fields available to all the different leagues. That's wonderful. It's a lot sooner than first anticipated. It It is. that we had a really good team put together on that. So, great work. All right. Thank you. Thank you.

At this time, we have a number of uh people that have signed up for public comments. Uh I'll call in order that we received the request for for comment. [clears throat] Uh each member will have four minutes to speak. If you'll come down and state your name and uh general vicinity that you live at in Hoover, if you're a Hoover resident. Uh first, we we have two candidates for office. Uh, Mr. Lloyd Peoples running for House District 48. Mr.

Thank you very much. Uh, I've known Mayor Deris for almost 10 years now, and I just want to apologize for whatever I did wrong to be speaking on the night when we have a beauty pageant winner, a boy scout troop, and all of this other stuff. So, obviously, I've done something to make you mad. I apologize for that. Um, so I've never run for office before and so let me just take a few minutes uh to tell you who I am and why I'm here. Uh, again, my name is Lloyd Peoples. I'm running for Alabama House of Representatives, House District 48, which covers uh, eastern part of Hoover. I've been a federal prosecutor for 18 of the last 23 years. When I was at the US Attorney's Office, I was the number two person in charge of that office for a period of time. And during that time, we had the highest number of prosecutions in any period since before or after. But I didn't just lead from behind a desk. I actually personally appeared in over 250 criminal cases. And one of those cases that I handled was the case, some of you will remember, of Camille, Cupcake, and Kenny. We put both of her kidnappers and killers in prison for the rest of their lives without any possibility of parole. I stepped away from being a prosecutor though for a period of time to help my dad run his family business. It was a business with about 115 employees. And after my dad passed away, I continued running that business for about three years. And so I got to see up close what businesses have to deal with, how hard it is to find good employees, what it's like to deal with regulations, and what it takes to actually help make a business grow. So when I talk about why I'm running for office, that's it. those kind of things, the things that have mattered to me personally. I've got a son that's a University of Alabama. My daughter's in high school and I'm concerned about what kind of Alabama and what kind of community they're going to inherit. I want to see them be able to settle here and make their lives here and enjoy what my wife and I have had for the last 25

years in this community. I want to talk about public safety for a second. Our law enforcement officers know it's a small number of people that commit a vast majority of the violent crime and we need to make sure that our criminal justice system doesn't treat it as a revolving door and that we don't have any excuses. Criminals know that if they're going to be caught and punished, that's when crime goes down. And so, as a representative, I want to do what I can to help our law enforcement achieve that goal. And on the business side, I want to do some of the things that this city council has done. This city council has done a great job of encouraging and welcoming businesses to our community and I want to see that continue on the state level. I want to see Alabama a place Alabama be a place where businesses can relocate. They can move here. They provide good jobs and they help all of our families continue and enjoy the successes that we've had. [snorts] My website is Lloyd for Alabama. You can check it out. I've appreciate it. May 19th is the primary. Thank you very much.

Thank you, Mr. Peoples. Next, we'll ask for Rodney Walker to come down. He's running for US Senate. Mr. Walker, [clears throat]

good afternoon and thank y'all so much for having me here tonight. This is a wonderful crowd here in Hoover, Alabama. I would like to tell y'all that I live in Klay County, which is about a 100 miles from here in a little town called Lineville. Um, we have 100 mama, excuse me, 750 mama cows on 3,000 acres. We have 26 bulls and about 700 calves. We own Walker Lands and Cattle. We sell um cattle to Oklahoma and then we sell cattle trailers all over the United States including Hawaii. That's not the only thing we do. We also uh have Patriot Fueling centers. We have five of those across the state. And we have Patriot Fuels USA where we ship fuel down the pipeline from American Refineries in Houston, Texas and Louisiana across American pipelines to six southeastern states and 26 terminals. And so that's how the fuel gets from the refinery out to your automobiles through the through uh 18 wheelers that bring it to the gas stations. And we try to provide that fuel to a lot of different people. We also have a rock corey in Widowi where we provide granite aggregate for uh paving projects and concrete projects across the state and we have a hatchet creek leasing. I only tell you those things so that you know that I'm not a career politician but I'm a career businessman. I've worked very hard in the state. We've hired over a thousand people over my tenure and we've contributed over a billion dollars worth of money to this uh state's economy. I know what it's like to sign the front of a paycheck so that my employees can sign the back of a paycheck. And that's not just a saying. I want you to know that I extremely care about each and every person in this state. And I don't stand before you and tell you things that I have done in the past. I want you to know what I'm going to do in the future. I want you to know that I'm a helicopter pilot. I did not serve in the military. Most my grandpa grandparents served in World War II and my dad was a member of

the 1151st engineering. I stand for veterans, but I served with the sheriff's department in Klay County for eight years as the chief helicopter pilot and I was able to save a lot of people's lives and did of course lose a few along the way also. But y'all, things that are important to me are I65. We must widen I65. We've got the metropolis of uh the state of technological up in Huntsville and we've got 25 pharmaceutical companies up there. We've got so much stuff going on yet we have to come down a four-lane highway to get to the port of Mobile. We ship goods out of the mo out of the port of Mobile like it's crazy. We have Industries. We have cargo containers that are going in and out. We're shipping coal out of there. There's just been a contract issued through the uh Bureau of Land Management for 45 years of coal to be shipped out of Walker and Tuscaloosa County. That is the things that brings up the gross domestic product in the state of Alabama. We've got a grain elevator that's one of the only coastal uh port uh elevators. There's uh Portland, Oregon. There's Houston, Texas. There's New Orleans. And there's Mobile, Alabama. We've got to protect those uh postal those coastal elevators and we've got to work for our farmers and make sure that we can send products to other countries and we've got to be able to sustain our food supply in the United States. It's important to have a senator that understands those things. There are so many more issues. 2,198,000 acres of our land is owned by foreign entities and those foreign entities are sitting on top of our crude oil in South Alabama. 20 uh 72% of our drugs are manufactured overseas. We've got to bring that back to the United States and we could bring that back to Huntsville, Alabama. It's my desire to work for each and every person in this state. And I ask you on May 19th, please consider

Rodney Walker as your next United States Senator. And thank you again for allowing me to be at Hoover tonight. Thank you, Mr. Walker. Mr. Walker, you ever served as an auctioneer? [laughter]

Well, there you go. I heard the cadence. He got it by naturally. [laughter] Next, we'll ask Daniel Snder to come up with Blue Cross Blue Shield Kids Marathon. Come on down. Right name, but wrong reason. Okay. Sorry about that.

Um, I'm here for a much more local reason and I guess asking for a vote in support of the resolution for Laredo Drive that um, city engineer Scott Promer has put forward. Resolution number 8781-26. I'm here on behalf of my in-laws, Bill and Debbie Childs, live on Laredo Drive, and they have paid me with many, many nights of child care, and so I'm trying to pay them back right now. And my apologies for the mistake, [laughter]

Mr. President. Should he wait until that item comes up? It's up to you if if if you'll stop the clock just a minute when now we will offer you a chance to speak on on that item. Uh do you wish to continue with your public comment now? You want to come back when the item is heard? Um you I I can wait. It's it's your choice. Long agenda. We might forget about you by then. [laughter] All right. I'll wait. I'll wait until we get to that point as to come back. You called my name so I was ready to speak. Okay. Next we have Tanvir Papa.

I'll get I'll get them after.

Good evening everybody. Mayor Duris and the Hoover City Council members. It's an honor and a privilege to join you during the month of Ramadan. For Muslims around the world, Ramadan is a month of fasting, of prayer, of reflection and charity. From dawn to dusk, from sun to sunset, many of us abstain from food or drink. So many of us are pretty thirsty right now. But Ramadan is much more about hunger. It is time to practice self-discipline, deepen our faith, and grow in compassion for those who face hardships every single day. Eidul Fther is a joyful celebration of that spiritual journey. It's a day of gratitude. Gratitude for the strength, for patience, for family, for community, and for the opportunity to begin again with renewed purpose. Before the Eid prayer, Muslims give charity known as zakat fther, ensuring that those that are in need can also share in that celebration. That tradition reflects some of the most powerful messages of Ramadan. No one should be left behind. While Eid is a religious holiday, its values resonate far behind any faith tradition. Self-discipline, compassion, generosity, accountability, service to others. These are values that strengthen any city and any society. In 1890, Oscar Wild told us that people know the price of everything and the value of nothing. And here in our city, Muslim residents, our business owners, healthcare workers, many of them are sitting right here today, educators, first responders, volunteers, and public servants. We are proud of this diversity that shapes who

we are. Our Muslim neighbors are teachers, doctors, business owners, public servants, parents, and friends. They contribute every day to the civic, economic, and the cultural life of this community. Recognizing Eid Fther is not only about acknowledging religious observance. It is about affirming that every community within our city belongs and is valued. We are reminded that regardless of faith, we share generosity, we share self-reflection, we share patience, and we share care for one another. In a world that often moves too fast, Ramadan teaches us the importance of slowing down, reconnecting with matters, reaching out to those around us. As we mark, we are reminded that after this month of discipline comes celebration. After reflection comes renewal and after that comes gratitude. On behalf of the Muslim community, I thank each and every one of you for given giving us this unique opportunity and we wish you peace, prosperity and continued unity for the for our entire city. In addition, I would like to say that I am not running for any office, but I but I do have I do have to tell you that I have 5,000 employees and we do contribute over $2 million to the state of Alabama. I'm in the chicken business. Uh but it is my honor and pleasure to invite each and every one of you sitting here to come and break open your fast with us. We have nine more days left. So if you want to come and join us at the Hoover Islamic Center, we would welcome each and every one of you and we would be honored and it would be our pleasure to serve you. Thank you so very kindly. Have a wonderful evening.

Thank you, Mr. Tamir. Mr. Tamir, I understand you've got a quite a large group with you. Do you want to invite them down and grab a picture real quick?

Yes. Whoever is here from the community, can you join us? My apologies for skipping over the actual representative for Blue Cross Blue Shield. if they want to come down and and speak.

Anyone here from Blue Cross Blue Shield? No. Oh, there they Sorry about that.

Good evening, Mayor and Council. Uh on behalf of Blue Cross and Blue Shield of Alabama and our president and CEO, Tim Vines, we just want to thank you so much for your partnership with our third uh annual Kids Marathon. Um as you know, a couple of years ago uh the Mercedes marathon was sunseted. A part of that was the kids Mercedes marathon that we sponsored for years. And when word got out that the uh Mercedes marathon was going away, we were contacted by so many parents, teachers, uh PE teachers, principles saying, "What are y'all going to do with the kids marathon? You have to keep that going." Um because so many of these children went on to do track and field for high school and into college. And it just really teaches children healthy lifestyle habits at a young age. So, we've Heidi Remy [clears throat] and I talked about it along with a couple of other folks back at Blue Cross and we're like, "Okay, we're going to own this. We're going to take it and thanks to the city of Hoover. Um, we have been able to bring it to Spain Park and it has grown every year that we've had it and it is one of the largest kids marathons in the country. So, y'all should be so proud of that. Um, Councilman Schultz was there did a great job uh speaking on behalf of the city. We had all media coverage from all loved the local affiliates. Almost 2500 children participated in the marathon from 72 different schools across Alabama. So that is how huge this was. And just to make things clear, uh we do not make these children run a full marathon in one morning. um they start at school and um they complete a mile a week with their PE teacher or parent and then the final mile is completed at Spain Park. So again, we just want to thank you all so much for your

partnership. Uh this was the first year we had a t-shirt contest uh statewide and the winner of the t-shirt contest was Luke from Gwen Elementary, first grader uh won the whole thing. He got a $100 and you thought you would have thought we'd given him a million. It was just classic. So, thank you so much. Um Heidi, did you want to say anything at all?

Yes. I just want to thank the entire staff, the entire parks and recck staff, Hoover PD, fire. I mean, this partnership, like Sophie said, when we found this out was was ending in the city of Birmingham um three years ago. We thought we have to keep doing this. And the first place that I thought of was we have to bring it close to, you know, our our um our home here in Hoover where we have our headquarters. And so, uh, it was there was just no question from the beginning. It was a great partnership. And like Sophie said, it it's continued to grow and we could not do it without everybody without the all the parks and recck staff, Aaron Cobalt, all her staff and everybody from from PD and um and fire and just I mean again as somebody mentioned earlier, if you ask for something, I asked for a a podium the night before the marathon. I had it in 20 minutes. So I would also like to give a big shout out to Josh Johnson at Spain Park High School. He is amazing. So, but we do have a quick little video that we would love to share with you um just to kind of give you a recap of the day for those that couldn't be there. Thank you. This is one of the largest kids marathons in the country and we've only been added three years. Uh what a great tribute to our company. [screaming]

What a great tribute to the kids that live in and [music] around this area. And what a great tribute to their parents because kids, especially the age of the kids that participate, could not do it without their parents. [music] It makes me feel great, not just about Blue Cross, but about our community. It takes more than just one company to do this, more than one organization. [music] And it's beautiful to see the city come together, Track Shack, all the volunteers. I'm going to give a shout out to the Trailblazers, uh, who are our [music] retirees at Blue Cross of Alabama. We know without them this event could not go off. But we need everybody in almost every sort of cause in society and it's just good to see the city come together with Blue Cross and [music] it's produced a beautiful day and a beautiful event.

[applause] Thank thank you Blue Cross Blue Shield for uh taking up that mantle and uh it's tremendous event. Thank you for your partnership. Thanks for calling Hoover home. Mr. Schulz, do you have anything to add? I had a blast doing it and uh I got called the night before to uh to participate in that and I it was put together so well by Blue Cross, by uh by the city, by parks and rack. Tremendous event. Looking forward to doing it again next year. Thank you. Did you run? [laughter] Next year.

Uh next I have Tim Mack Mackey. Mackey, come on down. Mr. Mackey, if you'll give your name and area town that you live in for the record, please. M. Um, I live in Apple Cross off Valley Road on Lake Heather.

Okay. Um, I can dare say nobody in here wants a sewer pump station next door to their house. That's universal. I understand that. Um, but I would have liked to had a knock on the door, some kind of warning from Hoover. Uh, I literally got a package from my HOA president 90 minutes before it was due. I checked my mail at 10:30 that night after he had reviewed it. He put it in my mailbox, not through the US mail. Um, so I did not have time to review this. I stayed up all night writing about the birds and the bees, the flowers and the trees, everything they're going to tear up. And I thought, well, nobody wants to hear that. Um, so, uh, I talked to my brother, my friend. Trust trust the people. Trust them. Trust the city. Trust, um, the people that are working that they hire. Um, but I've I've fallen through the cracks. Um, this has been three years. Um, and uh, they drove an excavator through my yard because the truck they drove through my yard, which is 40 ft away from the ride of way. Uh, the truck and the 5,000lb dry weight pump slid into the lake, and they needed an excavator to return to uh to uh take it out. Um, there was a hang tag on my door after this. Um, and it said, "We're going to restore it. We're going to restore it. We're going to put up fencing. We're going to put up landscaping." Um, but I've noticed now that the silk fence is gone. Um, there's a project manager. I've called him several times. I've never gotten back from him. So, that's why I'm saying I've fallen through the cracks. Looking out my front door, there was a black forest. There were two manhole covers. Both of them have a pump in them. So, they replaced

the pumps and I'm going to say they put a dance floor at the bottom and a place for a crane at the top, but the people with the cranes did not trust it. So, they used a bigger bigger crane. So, basically none of it was used. Um, the part of my yard that was left, they took out a couple of big trees. I say big trees because they were big to me. They were important to me. Um uh they took those out and um the area in my yard went from complete shade to complete sunshine and I have bamboo and and um privet that I really want to grow but it lives until the end of summer and the ground bakes. So I'm having an irrigation system put in in addition to the irrigation system I put in for the consolation at down by the lake. They put uh sod in. Uh so I'm I'm looking at like $10,000. I But the biggest thing I want is this screened for my front door. When you look in the front door, you look from my kitchen, my living room, my dining room, you're looking at this this thing. Um but uh this was the only thing I got from Bama Utilities and it said that the area will be cleaned up and restored and new fencing and landscaping. [snorts] Um, they put up a chain link fence. Uh, and I didn't complain about that. Nothing. Uh, but I couldn't get a hold of the city of Hoover. I paid DSLD Land Design $4,000 for a plan to present to Hoover and to be able to talk to Hoover. I had the project uh they had their project manager come out and he said, "Sure." This was last May. Um, he said, "Sure. Um, and we'll do it this fall because it's going to live better." Uh that was last fall. He has done nothing. Uh he's not answering my phone calls. I'm not going to call names um because I think

this has been passed through a few um different people. But I I have pictures of a black forest in front of my house and and now it's um I can't get anything to grow there and the pump station comes up way above the the fence and it's it's really an eyesore. Mr. When did you say this started or when did you last contact or had have contact with someone from the city? Um that was May. Uh May of last year of last year when he said cuz I'm trusting these people. I'm trusting that they're going to, you know, honor what I have. We had a pretty big turnover since May of last year. [laughter] Huh.

I said we've had a pretty big turnover since May of last year. Uh, [clears throat] I'm I'm want to make sure that we connect you with our current city administrator, Mr. Munger, right over there. Mr. Munger, if you don't mind just pointing out he'll make sure that you get contacted and you you talk to someone. I really don't want anything planted on my yard. I'm hoping for the bamboo and the privet to come back, but at least, you know, um maybe behind that. Um I understand. I think our staff will will get with you and Okay. work that out. Okay. I just um looked at the looking online last night in the city council meeting. I don't know if this is the right place to come to do it.

If you'll just make sure that our clerk has your contact information, we'll we'll get that to to the proper people. Thank you. Thank you, sir. Um let's see. We have Mr. Matthew Smith. Matthew, did you want to come now or wait till the

All right. Very good. Uh before we move on to the consent agenda, I want to recognize a couple of special guests. Mr. Joe Reeves, former council member, thank you for coming. And Hoover City School Board President, Mr. Alan Pquette back there. Thank you. Was there anybody that we missed for public comment? All right, we will now move to the consent agenda. We went over all these items in detail on Thursday at our work session. However, if there is an I we will not deliberate on these items in the consent agenda. However, if there's an item that anyone wants to pull off for deliberation, we will be happy to do so. Is there anyone from council that wants to pull an item off the consent agenda? Seeing none, any from the public? Seeing none, Mr. City attorney, if you'll read that agenda. [clears throat]

Item one is the review and payment of the outstanding bills. Item two is approval of the minutes for the February 19 and February 23 meetings of council. Item three is resolution 876826 approving an alcohol license for uh beef or brady's during p St. Patrick's Day celebration. Item four is resolution 876926 which is approving the engagement letter for the selection of Walder Stewart and Kendrick LLP for attorney services. Item five is resolution 877026 authorizes the mayor to execute an engagement letter with Bosch Bingham uh for the provision of governmental relations services. Item six is resolution 877626 authorizing the mayor to execute a general services agreement for the services of Wagner Engineering. Item seven is resolution 877126. That's a resolution authorizing the mayor and police chief to execute anou with the Alabama law enforcement agency regarding uh investigations and establishing certain standards. Item eight is resolution 877226. It approves the law enforcement personnel work period for overtime pay purposes. Uh number item number nine is resolution 877326. It authorizes the mayor to execute an agreement between Crown Castle and the city for Dart Fiber. Item 10 is resolution 8774. Uh it authorizes the mayor to execute an agreement between BBH BMC LLC and city of Hoover containing u experential

education for clinical emergency staff. Item 11 is resolution 877526 authorizing the mayor to execute an agreement between Holston Gases and the city of Hoover for industrial specialty or medical gases. Item 12 is resolution 877726 and it awards a request for proposal and authorizes the merit execute an agreement for SEC FanFest to [clears throat] Drummer Boy Productions. Those uh consist of the consent agenda. Thank you. Do I have a motion? Mr. President, I [clears throat] move to approve the consent agenda. Second. All right. I have a motion and a second. All in favor say I.

I. Those opposed? The eyes have it. Next, we'll move on to resolution number 877826. Mr. Uh the first item on the regular agenda is item 13, which is resolution 8778-26. And it's a resolution in consideration and approval of storm water drainage improvements within the city of Hoover on Chester Street. You want me to take these? Does a group? We'll do them one by one since each one has kind of a different Sure. public purpose to take a motion. Like a motion to approve resolution number 877826. Second.

I have a motion and a second. Mr. Romer.

Yes, sir. Council mayor. Thank you. Before I get going, I'd like to thank the staff in the engineering department. So, Justin Marlin, Rosemary Jen, Keith McKay, and Jason Welch do a great job taking any drainage complaints that come in, going out and evaluating it. At that point, we make a determination amongst ourselves. Does this elevate to the point of potential public purpose? We have discussions with council to get concurrence and that's how we arrive here. So, um, we have five cases for consideration tonight. Uh, I just want to make a statement that each one of these cases unique. It's not a one-sizefits-all that we go through a process to elevate it to the point of public purpose. Um, there's an active list that we work through. Some get to this point, some actually get denial letters, which once again we go through with legal counsel to deliver those letters. Uh, with all five of these, I don't want to get into particulars of budgets each one because there is still a process going forward if we're going to bid or or seek professional services. So, I don't want to just throw a number out and skew that process. Um, so we do have a rough order of magnitude estimate that our department did and just wanted to state that we feel certain that this will be covered with the miscellaneous drainage budget that has been approved for 2026. So, I just wanted to say that before we got going. uh also to just to address some of the terminology uh that I'll be going through thought I'd just cover that at the beginning. [clears throat] So the design process is multi-step. Uh so we do have a partner with Jefferson County uh for some of these projects. So they've done what gritted surface subsurface hydraulic analysis. So that's data that we can use to look at the the watershed associated with where any of the complaints come in. So they're they are willing to share that data with us at the get-go so that we can look at some of the flows.

[clears throat] We'll do a survey of the property kind of get the topo and then from there H&H study. So H&H studies a hydraologic and hydraulic that goes in takes account the volume of flow the rate of flow. Once you capture that and put it into a pipe now you have to deal with the depth and velocity of that flow. H&H takes in account once you capture that how you're not just kicking it down the stream and kicking the can so to speak to the neighbor who's down the hill. So that'll be part of the H&H process. Um from there you'll get into design. You finish the detailed design and and then you're ready to go out for bid and construction. So some of these have to fall through the entire process I just spoke of. Others are different uh areas within this process, but I'll speak to that as we get to it. Okay. So once again, um there's I [clears throat] just read a couple paragraphs here that will apply to all before I get into Chester Street. [clears throat] So uh these uh locations to be discussed tonight are located within the Bluff Park or Green Valley communities of Hoover and are currently experienced storm water drainage issues. These drainage issues affect the public rightway, posing potential safety issues to the traveling public and in some cases have actually caused damage to public infrastructure.

[clears throat]

In each of the cases we'll address tonight, the pro proposed improvements will require work both within the public rightsway and associated drainage easements which could be located on on the private property. Because parts of these projects extend beyond the public rightway, the city council must formally determine each of these projects serves as a public purpose before the public services department may proceed. So with that, I'll get into Chester Street. So, the city's engineering department conducted an evaluation of the storm water inlet serving Chester Street and the associated drainage pipe that is located both within the public right away and adjacent easements. The assessment identified inlet over topping, uncontrolled overland flow, sinkhole formation, storm water pipe failure, and system surch charging. Based upon these findings, the engineering department has determined that the corrective measures needed should include a topographic survey, engineering design, and construction to mitigate the flooding that occurs within the public right away.

Very good. Are there any comments on rain is here? Yes. Any comments or questions from council on this issue? Seeing none, any comments or questions from the public on this issue? This is Chester Street. Okay, seeing none. All in favor say I. I. Those opposed. The eyes have it. We'll move on to resolution number 877926. Mr. Attorney, this is item 14. It's a resolution. It's quite similar to the previous resolution for [clears throat] approval of storm water drainage improvements on Glenwood Road.

So, make a motion to uh approve resolution number 877926. Second. I have a motion and a second, Mr. Primer. Okay. The city's engineering department conducted an evaluation of the storm water inlet located in the rightway at 1524 Glennwood Road as well as the associated drainage pipe located both within the public rightway and adjacent easement. The assessment identified inlet over topping, storm water pipe failure, system surge charging, and uncontrolled overland flow. Based upon these findings, the engineering department has determined that the corrective measures required include topographic survey, H&H study, engineering design and construction to mitigate the flooding within the public right away.

Very good. Any comments or questions from council? See none. Any comments or questions from the public on this issue? Seeing none, all in favor say I. I. I. Those opposed. The resolution passes. Resolution number 878026. This is item 15 on the agenda. Uh it's also a storm water resolution and it relates to Nepier Drive in the Green Valley area of the city. Mr. President, I make a motion to approve resolution number 878026. Second. I have a motion in a second, Mr. Pro.

Okay. for clarification here. It's a affecting multiple streets in the area and we highlighted Napier, but there's multiple that I'll mention as I go through here. Uh the Green Valley community located within an area bounded by Patton Chapel Road, I459, and Tammy Lane and Highway 31 has historically experienced storm water drainage issues during significant rain events. The city's engineering department conducted evaluation identified these issues that include collapsed storm water pipe system sirch charging over topping and uncontrolled storm water overland flow. The uncontrolled overland flow crosses several public public roadways including Charlotte Drive, Pette Drive and Napier Drive posing safety risk to the traveling public. Furthermore, the uncontrolled overland flow has caused damage to the public infrastructure. To date, the engineering department has conducted a topographic survey, reviewed GEICHA information, conducted a H&H study, and complete the engineering design plans for this Green Valley storm water improvements. These documents will serve as the basis for going to bed and construction, which is where we are now, and look to move forward.

Very good. I understand there's about 18 or 19 homes within this. Correct. So, failed to mention that at the get-go. So, in each one of these cases, before we enter into the easements, we will need to get waivers signed by residents. And so, in this community, we've gone through and we've highlighted 18 different residents that we'll need to contact and get waivers signed for. Any other comments or questions from council? Seeing none, any comments or questions from the public? Mr. Smith, come on down. Thank you. Know the drill. Absolutely. Since I've been here a lot of changes, you get an extra minute. So,

I know an extra minute and y'all are a lot friendlier. How about that? I'm not going to lie. I might even get a handshake while I'm here tonight. Um, name for the record, Mr. Smith.

All right, Matthew Smith. Live on Plet Drive. A lot of us have different stories about this whole issue for many, many years. Um, you know, first and foremost, I got to meet you here this evening. Thank you very much. Um, the only thing I think I would ask is a resident is just kind of being informed of timelines along the way, making sure we hear those things. Um, you know, if there's a way to have all the streets possibly in there listed, um, being being included with that residents being notified. I know a lot of the time we're not notified uh when there is work that is done. Um, you know, I still have from whatever study Mr. Rice did before, if you want to call it that, there's still easement signs in my yard. Um, still states I have no idea what they mean. Um, you know, but u in the process along the way with work. Um, and so, but also I want to say thank you. Uh, I'm going to say thank you for all of us here uh who who have dealt with storm water flooding. Um it's been a hell of a fight and a battle and you don't know what it means to us. Um we've had homes flood. We've I've had my story when I had to live out of my home and my family was separated from me during that time period. We've had many many losses and more than you can even think of. U so thank you from the bottom of our hearts. You talked about a standard of excellence. That's one of my favorite things. If you my Zoom calls feature that pretty much every single time. Um this is the standard of excellence that we've been hoping for, wanting and praying for and needing as residents here. Um there's a difference between being a politician and being a leader and right now I see nothing but leadership up here. It's a drastic change. Uh we thank you all for it immensely and uh look forward to seeing the progress uh moving forward with this

issue and getting it resolved once and for all. Thank you, Mr. Smith. uh if you were go back and watch on Thursday night. So when we were discussing this item, we did ask that the city uh notify residents, keep keep everyone informed. So make sure you follow the city of Hoover Facebook page. Can you let me ask, is there a way to be unblocked because I'm pretty sure I got blocked by [laughter] this blocking on Facebook and I'm not that active on social media anymore, but I think blocked on one of y'all. [laughter] you need to be the same too. I think a couple of us might need to be unblocked if that's possible.

We'll we'll we'll ask that our social media go through and do it. Mr. Bromer. Yep. Uh so in response to some of the comments he made, this will be a phased project. So we will be starting below Napier Drive and working our way up the hill. So you you don't want to solve the problem up top and then not fix everything down below. So it's going to be a phased approach project. In response to notifications, uh, we're actually putting an active plan together. There'll have to be a traffic management plan. We'll go out and we'll mark the streets for alternate flows and warning traffic. So, that's all part of the equation here. So, just want to let you guys be aware of that. So,

any further comments from the public? Being none, all in favor say I. I. Those opposed, the eyes have it. We'll move on to resolution number 878126. Mr. Attorney, this is item 16 on your agenda. It's another stormwater resolution uh re relates to Laredo Drive area. Uh Mr. President, I make a motion to approve resolution number 878126. Second. I have a motion and a second, Mr. Promer.

Okay. The city's engineering department evaluated the storm water inlet serving the area near 360 Laredo Drive along with the associated drainage pipe located both within the public rightway and adjacent easements. The evaluation determined the drainage pipe has collapsed and is backing up storm water flow resulting public roadway ponding inlet over topping and uncontrolled overland flow. The engineering department has concluded that repairing the damaged pipe and downstream drainage will resolve the flooding within the public rightway and restore safe conditions for the traveling public. Good. Any comments or questions concerning Laredo Drive from the council? [snorts] Any from the public? Come on down.

I'll be quick since I've already been here once before. I'm here on behalf of my in-laws. if you'll state your your name and general area, please. Daniel Snyder, and I'm here on behalf of my in-laws, um, Debbie and Bill. And we just want to say thank you to the new administration for getting this moving so quickly. I know, as you mentioned, there's been a lot of changes. [clears throat and cough] And so, we just uh fully in support of the resolution, and we'll do anything we can to to help move it along as as quick as possible. Thank you. Thank you. Any further comments from the public? Seeing none. All in favor say I. I. Opposed. The eyes have it.

I have a shovel. [laughter] All right. Next, we will move on to resolution number 878226. This [clears throat] is item 17 and the the last of the resolutions related to storm water and it relates to storm water issues at Lester Lane in the city. Mr. Mr. President, I make a motion to approve resolution number 878226. Second. I have a motion and a second, Mr. Bummer. Okay. Last one.

The city's engineering department conducted evaluation the drainage inlets along Clear View Road as long as well as the downstream storm water piping located within the public rightway and easements running parallel to Lester Lane. The assessment identified issues that include collapsed pipe segments, sinkhole formation, system searchcharging, and uncontrolled overland flow. The engineering department's recommended corrective action includes review of the existing design plans and soliciting construction bid and initi initiating the necessary repair work.

Very good. Any comments or questions from the council? Hearing none. Any comments or questions from the public? Seeing none, all in favor say I. I. I.

Those opposed. The eyes have it. Before we proceed to vote on resolution 878426. I would like to make a brief statement for the record. I have consulted with the city attorney regarding my participation in this matter. Excuse me. While the legal guidance is clear that there is no law or statute requiring me to recuse myself or abstain from this vote, I have decided to do so based on my own ethical compass and my commitment to the integrity of this body. Uh because I work closely with this employee outside of my council duties, I believe the best course of action is to step aside. Doing so protects the employee, this council, and the city from even the perception of bias. I maintain my deep respect for this individual and for this body. It is out of that respect that I will be abstaining from this discussion and the vote on this resolution. I'll now turn the gavl over to proim driver for the remainder of this item.

Thank you, Mr. President. Uh we'll now take up resolution number 8784-26. Mr. City Attorney. This is item 18 on your agenda and it is a resolution which would approve the request to review a decision by the personnel review board of the city concerning an employee. Mr. President, I'd like to make a motion to approve resolution number 878426. Second. Do you have any comments or questions from the council? I skipped over attorney Brunson. Uh Johnny, would you come up and talk to us about what we're deciding here tonight?

Sure. While he's coming up to the microphone, Madame President, since he passed the Gavl, um do you know when you might call for the hearing? Would it be at the next regularly scheduled council meeting or would it be at a called meeting? I believe that if we are going to have a hearing, it would be at the next regularly scheduled meeting. Thank you, ma'am. Yes, sir.

So, a couple of the council members asked me to give a bit of a primer with regard to this item. The uh I don't believe this body has heard this type of issue before. Uh according to the uh city of Hoover personnel policies and procedures, a uh any employee who is subject to discipline uh and and there's a little twist to that is subject to discipline of uh greater than 3 days is entitled to u a a hearing uh before the personnel review uh board which was held. [clears throat]

If they disagree with that finding, they are entitled to an appeal to the city council. And that's where we find ourselves today. I say that one twist. There's a little bit of twist to this one that the board took up that matter even though the discipline imposed was for less than 3 days. However, the board chose to take that issue up, had a full hearing uh and then issued a finding. uh they u their job is to issue a in part to issue a finding to determine if the approp if the discipline was appropriate that was handed down by the supervisor of the employee. U the board uh affirmed that discipline in this case the employee then has a right to advise the council which they have done. Uh, so that's where procedurally that's how we find ourselves here today. And I'll be glad to answer any other questions. I realize that's that is just sort of a thumbnail sketch on how we get here.

Any questions from any council members?

I have one question. The um the option is public or would it is there also an option for private? Does does either side have that option? There is a there's a provision before that rule that specifically speaks to how that's handled before the board. There is nothing in the manual that specifically speaks to that as it regard as regarding the council. However, um those of us on your legal team have consulted about that and we have two considerations. Um there are some provisions that would allow us or of course we can consult with you guys regarding the legal aspects of it. However, we also must comply with the open meetings act. Um there already are a number of issues related to this specific issue that are in the public domain. Um there is also a provision in the regulations that require all of the materials to be that are subject to u the u the Alabama sunshine law. So the materials and it's clearly stated in the procedures that those things uh that on which the board relied or which is being presented to to this body are are for public review. So those portions I believe have to be held in the public. Now we could uh if there were specific items related to legal advice sought by the council, we could adjourn to executive session to take up those limited items. Mr. President. Um, this uh should it it pass this procedure does not qualify for an

exemption under the sunshine laws.

I don't based on the fact that that specific provision in the procedures requires the materials to be u to be open to the public. I don't believe so. Now, I left one one portion out. The the duty, if you take this matter up, there there's there's two steps to that. The council can choose to take the matter up or choose not to take the matter up. That's step one. Step two, if you choose to take the matter up, there are three different steps you can take. You could um resend the board's decision, you can affirm the board's decision, or um you can modify the board's decision.

Mr. Attorney, I have my mic off. Um, can you tell us whether we have the option to remand this matter um back to the personnel board to enter a written statement of fact? [clears throat]

Yes, ma'am. I believe you do. Um, as you know, our job as your city attorneys in this is sort of twofold. One of those is to uh to have to hold to to represent the city in the hearing before the board which we did. Uh subsequent to that we filed a motion uh and [snorts] I believe the council has the entire package before them. that following the decision uh there is a provision in the rules that requires the review board to issue a finding of fact. Uh upon review of their finding, affirming that we affirming the decision of the supervisor, uh we filed a motion u to alter amend that finding asking for a more definitive u finding of fact and we got a paragraph back that you have now read, I'm sure. But yes, to answer your question, you certainly can. Would you agree with me that the reason a statement of facts is required is so that the reviewing body such as this one or a circuit court if the appellant were to appeal there can understand what facts the board relied upon and how those support the decision.

I would you agree me with me that it also ensures due process procedural due process certainly assists with that. Yes, ma'am. Um and it ensures that the decision supported this the decision is supported by substantial evidence and is consistent with the law. Yes, ma'am.

With all that in mind, if if we were to send this back to the personnel board with the express instruction that we want a written statement of fact as is required in the uh personnel policy and procedure manual. um what would that do to the timeline that we're facing here for having the hearing completed by a particular date?

While the policy and procedure manual does not speak specifically to that, um I believe based on procedure and typical procedure and legal actions that that would extend the deadlines. The rules say that the the timing starts based at the time of the finding by the board. So the appeal the right to appeal starts on that finding of the board. Um all of the deadlines that we have discussed prior to tonight I believe were based on deadlines that started on the when the letter uh of finding was issued by the review board. uh ha the the review board having issued an amended filing I believe would extend those deadlines.

Okay. Um Mr. City Attorney, do I need to open the floor for publics from the um comments from the public if I'm inclined to pass the gavl and make a motion to send this back for a statement of facts? No, ma'am. Okay. Um, I believe I'm supposed to pass the gavl to the most senior member. It'd be my opinion that the most senior member would be Mr. Smith. [laughter]

We mean it with all due respect, Mr. Smith. Um, so, uh, I'll make a motion that we send resend, not rescend, remand, uh, this matter back to the personnel board and ask that they provide us with a written statement of fact that we can discern from that statement of fact what facts they relied upon in reaching their conclusion so that we can give this an adequate review. Understood. And that would be different than the uh findings that they currently provided. In my opinion, those are insufficient.

And let if I to clarify to answer your question, Mr. Smith, the the council's role is not to rehear the entire issue. the council's role is to review the finding of the of the review board and to make sure uh that that was properly held and uh to understand what they base their finding on. And I I believe uh the motion would accomplish that if if the board u makes that proper finding.

All right. Uh we have a motion to remand uh [clears throat] the issue back to the personnel review board. Is there a second? Second. We have a second. Any comments from the council?

So in this particular case, uh it going back to them, they're going to give us a statement of facts which they will bring back to the council. Is that correct? Well, the motion would be to send it back to the review board and request a more definitive u statement of facts. As I understand the motion, then the ball is back in their court, so to speak, and the timelines uh will apply. They have to reconvene a meeting. In that circumstance, it would be they would have to reconvene a meeting and and amend their findings in my opinion uh based on the request of the council

and then it will come back here with the statement of facts. Is that correct? That's correct. And then we will make a decision based on that. Is that correct? That's correct. you're you will be back in the same spot where the council can can determine first of all if they want to take up the appeal and then secondarily if you do take up the appeal one of the three actions that I suggested earlier and that would be to either resend to affirm or to modify and to confirm this will in no way uh take away the due process of the individual. Is that correct? I I think it does the opposite. I think it ensures the due process. Okay.

Madam prom, before you vote, let me just add something. We all recognize that probably the guidelines that we're going we're operating under. As Mr. Brunson said trying to give you some ideas and you and by taking this action the council is a legislative body and you always have the authority to interpret your own statutes and resolutions and what's intended and while this was done in 1995 that's still what you're operating under

maybe this group has the opportunity to clarify by so by passing this what you're if this passes by a majority. What you're clarifying is that you have the ability under the act to remand this and then the personnel review board should act in accordance with it. So, you're really giving them some definition as to what you want.

Okay. And there is a uh I probably don't want you probably don't want me to locate it right now, but for the purposes of your motion, uh Mr. Driver, I can identify for the clerk the specific clause in the rules and regulations that require a finding of fact. Um so if you would um include that in your motion, I will identify that specific clause. Um you it may be available somewhere between page 39 and 41 if you if you're look and I I don't mind looking as well.

I had it open and then I closed it. I will say that this is unique. This has never happened. I believe in in talking with uh

not only uh well in in talking with your HR department. I believe this is the first time in all the years of these rules and regulations that this has presented itself to the council. Well, you can't say it would never happen, but we are setting a precedent and we need to do it right because others will should it and when it should ever come up again, they will look at how we did it and uh we need to make sure that we get it right. Miss Driver. Thank you, Mr. President. Um

a long time since I heard that. [laughter] So, I'll amend my motion to uh clarify that the written statement of fact that we are uh remanding this back to the personnel board to create for us um in accordance with city of Hoover personnel policy and procedure manual. Step three of the grievance procedure section XB is in bravo number four which provides that the board will hear the employees grievance, gather pertinent documents, interview witnesses as necessary, prepare a written statement of fact, and submit its finding and determination to the mayor. Not later than 45 calendar days from the date the grievance was submitted to the board, but within 14 calendar days if possible.

Second. Very good. Um, is that that's all you need to present? I believe so. Unless you I'm available for any further questions. No, I don't think so at this time. Um, we have anybody from the public that would like to speak. if you please provide your name and what area you reside. Well, I don't think that really matters. Uh Tommy French. I represent the employee. I reside in Trustful, but that's all right. Nothing to do with that. Trust is a nice place. Passing through.

I like it. I like it. The only statement I would like to make is there was a lot of I thinks, may I think his due process will be good. That's not definitive. This is something that is time sensitive. The time-sensitive portions is what we're talking about. And obviously that's within the 14 days u of of the uh order the order by the personnel board is in fact deficient. I think I brought that up and that it it's deficient and that it must be dealt with. The way I read the personnel policy board or the policy itself, the decision is final unless the council votes to modify or resend. I don't see remand written anywhere in the policy at all. This is something that the board in my opinion needs to take up today either to hear it with or without the motions to dismiss or not and move forward. I have a problem with timeline. It'll be good. I believe so. Maybe. Those are not legal standards. Those things make me extremely nervous and that the next step would be an appeal to the circuit court and we need to make sure we are online and in compliance with the personnel policy procedure book. That's all I would like to say.

Well, I don't believe that we're prepared to hear it tonight. Well, it would be in the next probably raining. Um, your thoughts on an open hearing or a closed hearing? Well, I agree with the the attorney for me to go through eventually. Um, I I I agree that it I believe if it doesn't specifically state it must be open, then it could be either. But that's my opinion. I've not re we're concerned about the state sunshine laws to where if we have a quorum then it has to be advertised and it has to be open to the public

because we don't have an exemption under the state sunshine law. Now if you'd like me to brief that and submit it, I'd be glad to. I I have not as far as tonight done that. What about the sunshine law? Well, about this particular issue before. Okay. Well, anybody else care to speak? [snorts] M um Mr. President, to address your your reservation, this council will make sure that it's not an if or but or any of those words that you used. It it will be heard one way or the other. Okay. Thank you.

All right. Anything else from the council with that? Um Madam clerk, I'd like you to call the role.

Now, this [snorts] is for the amended. Correct. [snorts] Councelor Schultz. I [clears throat] councelor Levelville. I councelor Driver. I councelor Middlebrooks. He's abandoned. I'm sorry. Yes, you were recused yourself. Councelor McClinton I. Councelor Smith. I um unanimous six to zero.

Mr. President, yes. Want to clarify something. We had a sidebar here. The clerk the you you voted on a we've used the term amendment. It was a restated resolution. Okay. So, there was no reason to vote on amendment because you didn't have a resolution adopted to amend. So really what you did here was there was a resolution and then there was an offer that was characterized as an amendment but it was actually a restated resolution. That's what you voted on. A restated resolution. Yes. Not an amended one. Correct. Do you feel that we need a second vote? No, I do not. Very good. I was just clarifying that for

Very good. I'm just making sure. It's been a minute since I held the gavl. All right. Anything else? Mr. President, the gavl returns to you. [laughter] Thank you, Mr. Smith. That would have been interesting if Derek was here. Who who how how' that seniority work out? Glad to have you back as Mr. President. All right, we'll move on to resolution number 878526. Mr. city attorney.

Uh this is item 19 and it is a resolution authorizing the extension of a letter of intent to sell property located at 3021 Warner Road. And um if this is adopted, it would extend the date to April the 17th and it would require an additional $10,000 as non-refundable earnest money. There's been 5,000 paid already along with invoices for certain items that have been expended and the um earnest money has been delivered in certified funds. [clears throat]

Mr. President, I move to approve resolution number 878526. Second. I have a motion and a second. Any comments or questions from the council on this issue? Seeing none. Any comments or questions from the public? All right. All in favor say I. I. I. Opposed. The eyes have it. We will now open up a public hearing for resolution number 875226. Mr. Attorney,

who's excuse [clears throat] me, this is a this is item 20. It's a resolution granting a conditional use approval to allow drive-thru facility for Dutch Brothers Coffee uh located uh at 1855 Montgomery Highway. Mr. President, I move to approve resolution number 875226. Second. Have a motion and a second. This is a public hearing. Any comments or questions from the council? Any comments or questions from the public on this issue.

Hi, I'm Bob Easley with Alabama Engineering, 1214 Alford Avenue, Hoover. Um I'm here representing uh the applicant on this uh hearing. One of the requirements that was uh recommended by planning and zoning was that a um record map be approved uh to divide this lot out. And one of the requirements for that record map was that a landscaping plan for the entire development, the entire center be included with that. And I just wanted to bring up that we would like to have the ability to bond for those landscaping improvements so that they could be done in a time of year which would be the fall done along with the Dutch Brothers. So we're going to do Dutch Brothers landscaping and uh maintenance for the whole center. New trees for the ones that have died. We'd like to bond that landscaping work and do it in the fall when it's not so hot so we don't lose so many of those trees.

Mr. President, uh Mr. Martin, do you have anything to add? Uh, we find those terms. Thank you, sir. Thank you. Thank you. Any further comments from the public on this issue? Okay. We'll close the public hearing. Any other comments from the council? Seeing none, all in favor of resolution 875226, say I. I. Those opposed? The eyes have it. We will now set a public hearing for resolution number 878326. Mr. Attorney,

this is item 21 on the agenda. It declares as a public nuisance conditions that are that exist on property located at 3766 Abby Glenn Way in Hoover. And these uh issues require immediate debatement. Very good. We will take that up at the next regular schedule council meeting uh March 23rd. And we also have a first reading of ordinance number 262688. Mr. Attorney,

this is an ordinance that authorizes Hoover Fire Department to charge a fee for service for cost recovery of non-emerent lift assist responses uh to Alabama state licensed assistant living, residential care, nursing facilities, and other healthc care providers within the city.

Very good. We will have a second reading on that also at the next regular scheduled meeting. uh and take that up for consideration. Before I pass it along for council comments, I just want to recognize the the passing of Captain Bob Batty, who is a Hoover resident. Uh he served 25 years of distinguished service in the United States Navy, retiring as captain, and was an original member, an eventual chair of our veterans committee here in Hoover. Uh he gave a a great deal to our city. I just want to recognize his service and uh condolences to his family. Uh any further comments from the council?

Mr. President, um one of the do many duties and functions we fulfill as city counselors. One of the most vital is the appointment of members to the Hoover City Boards of Education. School board consists of five members serving staggered five-year terms. Each year term concludes in May with the new or reappointing members being sworn in in the June board of education meeting. These members hold the essential responsibility of hiring the superintendent who in turn oversees the selection of central office leadership, assistant superintendent and principles which the board must approve. These personnel decisions are fundamental to making maintaining Hoover City School's reputation as one of the premier districts in the state. While state law does not mandate a specific appointment process, a formal procedure was established in 2008 by then city council education committee chair councelor Jean Smith with a direct input of a dedicated group of stakeholders including myself. Since its inception, this protocol, which requires a formal application, a comprehensive background check, a public interview in front of the education committee, and a signed acknowledgement of the roles responsibilities, has served our city exceptionally well and resulted in a history of outstanding appointees. This year, the term for current board president, Alan Pquette, is reaching its conclusion. Mr. Pquette has served with distinction over the last 5 years and has expressed his interest in being reappointed for a second term. In accordance with our established process, the city will begin begin accepting applications for this board of education seat starting tomorrow. The application period will remain open until 5:00 p.m. on Friday, March 20th. Should we receive additional qualified applicants alongside Mr. Pquette, we will schedule public interviews to be held here in these chambers at a date to be announced. Per state law, the final

appointment will be made during the second city council meeting in April. Thank you. Very good. Any further comments? U Mr. President, I'd like to thank the stormwater folks that are uh here today. Um I appreciate you guys for uh speaking up and uh we're listening. Your voice matters and uh thank you very much. Any further comments from council? Mr. Mayor, you have anything to add? I just think it was a great night and again I think a lot of us a lot of us ran a lot with what a mess was.

Very good. With that we're adjourned. Thank you.