Going on this Tuesday morning, ladies and gentlemen, we are now in the hands of our capable city clerk, Ms.

Lisa Carroll.

This is the preen of the Mobile City Council Tuesday, October the 28th.

We have approval of minutes from October 14th and October the 21st.

And the issues in one.

Okay.

Appeals, we have requests for wave of the noise ordinance on November 29th and 30th from 8 a.m.

until 8 p.m.

in Sage Herndon Sage Park.

November the 7th from 5 p.m.

until 9 p.m.

at Springwood Drive East.

Any issues, Councilman Penn or Gregory.

No issues.

Okay.

Presentation of petitions and other communications to the council.

Richard Johnson speaking in support of Fat Tuesday Sports Bar, William and Beard.

Brenda Pearman, the same supporting Fat Tuesdays.

Ordinance is held over.

52046 adopt Chapter 52, real property maintenance and enforcement Article 8, Vacant Structure Registry for Henry Aaron Luke.

Mr.

President.

Yeah, Mr.

Runnels.

I distributed all the various changes in the amendment around to everyone.

I think you took the time to review them.

I'm prepared to offer them today, although the administration has raised some issues or concern they have with it.

I don't think we're going to get on the same page with those or you know as suggested.

Or you know, we can I can introduce my amendment and we can vote.

All right, uh turn to it.

Thank you, Mr.

President.

So we have I sent you all a communication in reference to you know what was agreeable.

I mean, most of the rentals amendments are reasonable and acceptable.

Um there's some debate about what we need to do as far as enforcement back and forth.

I can talk to you all about those now in a committee meeting.

Um and there's a one particular issue we may need to talk about in executive session.

Um that's whenever you all want to do it.

If you there's there's no major push, there's no statutory reason that we have to push this today.

The issues won't change.

Um, but ready and willing to answer your questions um here or otherwise.

Council.

My suggestion would be uh my suggestion would be to put it over a week or have a meeting next week so that the new council can vote on it.

Okay.

I I think I I mean it's the new council is gonna have to live with it, so let's let the new council vote on it.

All right.

Uh anyone else.

No one later.

What's the heavy uh part?

Good question.

The the sticking point of the heavy is whether or not we affirmatively put the uh the responsibility to report that the property is vacant um on the owners, which is typically how we've operated, uh, not like most cities operate, um, or whether or not that duty is placed on the city, uh, as councilman reynolds has talked about.

And so there's some nuances there that we need to discuss, but I'm more than happy to answer those questions.

Um, and it's a matter of resources, enforcement, statutory construction, risk analysis, all of those issues.

Just I read that, and my thoughts was is when we do nuisance abatement, we don't rely on the owner to determine whether to for us to determine whether or not the property is a danger or public safety issue.

So what's the difference?

Good good, really good question.

It's three differences.

One, um, first of all, you are there is an affirmative duty to keep your property from bring being a nuisance, right?

That that's the same.

That's a similarity.

The other is we go out and we can actively identify the nuisance within an exterior manner.

Um, the vacancy issue is is not the same.

You can't look in every building, say, for instance, doesn't have windows or it's secured.

We don't necessarily know that.

Uh, and then the third reason is when we're dealing with this particular ordinance, you're talking about um the public safety issue that is dealing with fire specifically.

Uh, when you when you're looking at nuisance and abatement, there's the public nuisance of how it looks, whether or not could crash and the fire issue.

Um, so that's where we are here.

And and remember, I do think it's important, Councilman Carroll.

That's an excellent question because the way we deal with nuisance and abatement now in the blight program is starkly different than we dealt with it um 12 years ago.

And as I referenced Councilman Small, Councilman Gregory and Councilman Daves will probably remember that process of going through when Jeff Carter and I team led us through that process.

Okay.

I understand the part about the vacancy.

But however, an owner could just say, hey, I've got one person living in here for security purposes only in a one in one room upstairs somewhere, and you could never identify that.

But the place could still remain vacant.

Well, so again, how does the city justify an owner who may tell us that unless we send somebody down there anyway?

Well, that's the that's an excellent point.

So if one person's in there, it's not vacant.

And so it doesn't fall under this category.

The second thing is suggested.

I didn't mean to interrupt you could suggest that one person's there by sending you a legal statement, but not showing any proof.

So how do we avert that?

Also, an excellent question.

If under the way if we put the duty on the owner, um, then that person doing so is in violation of the ordinance.

That person is in violation of ordinance and they effectively misled the city, which would be a problem.

But how do you enforce that without line of sight?

That's the question.

It's unenforceable unless we have line of sight on it.

So it keeps coming back to the point that somebody's got to go down there and view it for themselves.

Right.

But we have got to make sure the affirmative two parts.

You've got to make sure the affirmative duty is on them.

All right.

That's number one.

Number two, if the affirmative duty is on them and we know something's different, then we can automatically enforce without jumping through all of the other hoops.

And I listed those seven different factors for you.

So you're asking us to strike bins one line or one sentence.

It's actually two.

Um, found another way, another will in there um that requires the code enforcement official to send it out, and I can send you all that update.

Could the word be changed from will to should?

No, because it's you still run into the same problem.

There's no wording.

You can so you can have you can have May, and actually that would be the fix for the second part, but for the the affirmative enforcement in that subsection that we're talking about, and making sure that the onus is on the owner, because you there's a number of different factors.

One is your resources.

So count Councilwoman Gregory, for instance, talked specifically about whether or not this would be citywide at some point, right?

If this were citywide and we accept that last amendment, then no way, shape, or form would we have the resources to be able to enforce that.

That just it wouldn't wouldn't happen.

Um if we're looking at the rentals amendment to place the onus on the city.

Mr.

President, Mr.

Rome.

There is a lot to be discussed about this particular item.

And I have counterpoints to all of the points that have been made.

We can try to you know do something with this today, or we can move it on to the next council, and this will be the first sort of substantial ordinance we tackle as a new council.

Let's just hold us over two weeks, and that's just uh trying to schedule a committee meeting uh at 2 30 uh two o'clock next week.

Thank you, Mr.

President.

And one else before we move on.

All right, Madam Clerk.

64054 consider the proposed conditional use permit for property located at 2316 Hillwood Drive West.

64055 considered a modification of a previously approved planning unit development for property located at 550 Providence Park Drive East.

11056, amend chapter 11, Article 3, Section 11 of the City Code to include subsection titled Alabama Construction Trade Academy Fund Fees.

Mr.

President, Mr.

Ronald.

Waiting on a memorandum of understanding to be executed between the city of Motville and the Alabama Home Builders Foundation that has not been created or executed at this point.

It's probably best we hold this one week.

All right, one week.

Yeah, uh guys, I just want to tell y'all I I kind of dug into this a little bit.

Uh we're talking about 20 per residential permit.

So last year, I think we pulled what 300 permits of the not even 300 permits.

So we're not even talking five thousand dollars, guys.

And you know, this I don't see where we're going doing this.

We're not generating any real income.

Plus, it's is I don't mind doing it, but you guys should realize that it is a uh we're it's we're doubling up on things that we're already doing, where we already have the same resources all over the city with people providing the same service.

So I I just looked into a little bit just seems that other municipalities do things a little bit different than what we're doing down here and they're making doing great at it the number of permits that are being pulled in in in Huntsville versus here and in Birmingham place they really need to be is Baldwin County out in the county because that's where the home builder's permit is being pulled the number of permits in the city are just they're not that substantive to create the type of revenue that you're looking to create.

But I mean I'm gonna support it but you guys need to be aware that going forward is not a big revenue driver we're we're talking pennies not dollars.

Mr Small yes um when it comes I guess uh kind of uh and I definitely understand um exactly what you're saying I think there is some um you know laying it over I guess maybe possibly a week um um in that week I know we've asked before and I know my colleagues have asked before but is there a way that we can get a number of how many permits that I mean because I we've asked I haven't seen it but is there a way we can get an actual number I mean I gotta think with the system we have it would probably be relatively easy to to at least get a number from that um just out of curiosity just so we can kind of see what the real impact would be I guess good morning um we're working on numbers right now um it's it's fairly easy for us to pull our single family residential structures but we're looking at duplexes triplexes um I think the ordinance reads uh um units under four so we're having to extract and pull those numbers together but we hope to have it for you next week that would be like the also include the mechanical permits electrical I mean this yeah everything that's associated building mechanical electrical plumbing yes perfect thank you and what else so one week all right CIP resolutions held over 21 1362 authorized contract with Amerson roofing for Hillsdale Senior Center roof replacement consent resolutions held over 371356 recommend approval to the ABC board for issuance of a retail beer table wine off premises only license to DIP Club food mart on Dauphin Island Parkway we good resolutions held over 371346 revoke the business license 1608 St.

Stephen's road zero nine if y'all looking for my recommendation we have no choice but to revoke the license without any without any recourse in totality yeah we got the information from the public safety executive director and um unfortunately I agree.

No room yeah 09135 appropriate funds into the rebuild Alabama special revenue fund for the tiger broad street project 21 1366 authorized contract respire for marketing services for parks and recreation department consent resolutions being introduced 03139 and 13 1370 and 1371 are appointing Robert Hope to the History Museum of Mobile Board reappoint Brand Jackson to the mobile library board appoint Maxine Walters to Mobile Housing Authority Board 58132 authorized removal of weeds group 1670 6013 seventy three approval water special bonus to the administrative services employee of the month 601374 through 1380 are determined appropriations to family counseling center of mobile UJ Robinson Memorial Center Marching Cougars band at the child advocacy center serve a public purpose and approved payment 3713 recommend approval to the ABC board for issuance of a special events retail liquor license to El Jefe House of Cigars on Virginia Street resolutions being introduced 08 1381 approved purchase order to beard equipment company for two more $5680 1382 approved purchase order SHI international for a subscription for Adobe Acrobat Pro and Creative Cloud software licenses 114170 cents.

09135 create new capital account mobile arena furniture fixtures and equipment and transfer funds for the general fund operating account into the new account 11, 809,498 dollars.

Mr.

President, Mr.

Ronald, as part of our design contract with the professionals over here, they they're they're planning all this FFE.

Is that correct?

Yes, this is all within the budgeted on the well, yeah.

I know it's budgeted, but that that design of what buying and all that stuff pops identified already.

Populous GMC and Vulcard are all working on the if if it okay thank you.

21 1386 authorized contract with RGLG ink doing business as service master services for janitorial services for various city locations, 311,988 per year.

211387 authorized contract with Star Service of Mobile for HVAC maintenance and repair at the Mobile Alabama Cruise Terminal, 95,970.

2138 authorized contract with touchdown cleaning services for carpet cleaning at the Mobile Alabama Cruise Terminal, 85,230.

Call for public hearings 4139, call for public hearing to consider the proposed rezoning of property located at 2243, 2245, 23, 45 and 2509 Halls Mill Road from B3 to B5, scheduled December 2nd.

41390, call for public hearing to consider an ordinance to amend appendix A downtown development district of the City of Mobile Unified Development Code, Chapter 64, the Mobile City Code 2022 scheduled December 2nd.

411391 call for public hearing to consider the proposed conditional use permit for property located at 2574, 2664 Sally Road to allow expansion of a religious facility in an R1.

Scheduled December 2nd.

411392 call for public hearing to consider the application of Acadian Ambulance Service for Certificate of Public Convenience and Necessity to operate an ambulance service scheduled November 12th.

This public hearing for this additional uh certificate of public convenience for an ambulance service.

We just went through this process not long ago where we we jumped through all the hoops, we had public hearings.

We said we had fire come and report to us the need, and others report to us the need.

We had the existing ambulance companies come out and say um it's not gonna work.

You know, you're gonna bring one guy on and another guy's gonna leave.

And sure enough, that's exactly what happened.

Brought somebody else on, and one company dropped out.

Are we just banging our head up against the same wall with doing this again?

Do we want to proceed with you know through all the steps once again on this?

Is this call for public hearing necessary?

Um, I mean, Mr.

President.

If if they I'm sorry, yeah, vice president.

Um, I I do concur with Mr.

Reynolds.

I you know, we've we've kind of been down this road over the past uh I man, I'm I would say what is this November, October.

Um, I think you know, over the past six months, we've kind of walked through this and we've met a lot.

Uh, we had a public safety committee meeting about it.

Um, you know, right now it just kind of seems like if you know, with I think right now, to my knowledge, there's two two operators in the area, and um, at that, you know, and bringing a third one on would kind of kind of you know continue to pick off the pick off and cause somebody else to go out of business and run.

Um, I do know that, however, um, I believe we talked about an RFP going out to kind of look, and I believe an RFP went out.

Um, I guess my question would be is is this kind of this is this tied to maybe the potential results of an RFP um or where are we at on the RFP?

And um, you know, I guess my first thought was knowing that the RFP was out there, is this is this tied to the the RFP?

I guess no, it's not tied to the RFP.

So we did an RFP out of the um three individuals who or three companies that uh provided you know answer to it.

Only one was really responsive.

Uh we decided to resubmit the RFP.

Uh, and we're gonna have a pre-bid meeting to make sure that everybody's on the same page and come they come back responsive.

Um, certainly the BLS contract once awarded will change the landscape uh in the city of mobile of what what's needed.

Uh, but the decision again is yours with the sticky of service.

Because my thoughts are um obviously, you know, we do have two operators that I know of.

Again, we we might have a third that that's out there, but I do know the two, and you know, I know a lot of times uh cannibalization happens.

Um, I also do realize that you know the that these are private companies, and you know, the the revenue uh primarily outside of the city making them make BLS calls, their revenues uh tied directly with transports, things that you control, the controllables, you know, we gotta we got a transport at two, so I know I need a crew in it too.

And so I I just kind of I kind of just my personal opinion uh for the council is I I kind of think knowing that the RFP's out there uh continue to walk through the exercise of the RFP, see where that make uh that allows us to arrive at, and then at that point decide whether or not you know, in order to fulfill the RFP and provide the BOS service or appropriate BLS service, uh, whatever the results of the RFP process is, then potentially consider um you know another certificate of need if need be.

I mean, that's just my personal opinion.

Um, I just I just know that private companies cannibalization happens, and uh um that's just my concern.

And I I do realize that what the what the numbers say that you know that aren't quite up to to speed, but um, I I think with that RFP, a new process, and again to Mr.

Lasky's point, changing the the outlook of what the of what the the environment looks like.

Um I mean it might just be prudent to kind of as we walk, you know, maybe go ahead and go through the public the public hearing process.

But if it comes on agenda, maybe it's something that we consider and uh days.

Um yes, and I agree with both Ben and Josh on that, but the request for the public hearing.

So they have applied for a certificate of public um convenience.

So that is what has gotten all this into the process.

We didn't go after them.

So yeah, I we go through it, see what happens and look at the RFP process and determine where we need to go from there because to y'all's points, you were right, and we just don't want to have to go through this and find ourselves in the same position again.

So but right now we're just yeah, it has to go forward, yeah.

Got it, yeah.

Yeah, I mean that's my question is to the to our attorneys is it seems like to seems like to me that if you have someone make application, there's a matter of due process, you got to give them a right to have a public hearing.

And I assume that's correct, right?

Yeah, so I don't think you have a choice as to whether or not you give the public hearing or not.

Well, it is a choice.

We had a colleague that did it last term and stopped the whole process.

So it has been done in the past.

But is it worth it to you?

No, it's not worth it.

Right.

Anything else from this council?

That's uh oh, go ahead, Vice President and then Penn.

Okay.

Okay, no, I just want to go over um what we can lay uh lay over or waive the rules on.

It looks like only a couple on resolutions being introduced.

Um, three eight and zero eight one.

I'm sorry, I'm dyslexic this morning.

08 1383 and 081384.

Look like the only two, unless y'all got anything else.

All right.

Uh Councilman Penn.

Uh, thank you, Mr.

President.

Um, I just want to let everyone know, and I'm sure you've probably seen this, but just want to make sure that the City Mobile is prepared for the things that are taking place.

Um, November 1st, snap benefits will be cut.

Um, I just saw on the news that even at the airport, um, the TSA workers and the mobile airport authority is bringing food um for their employees at the site um because of the concerns they haven't been paid.

Um, with that being said, um I don't know what ways that we can work with food bank organizations just in case this take place, but I think we need to start looking forward if if the mobile um airport authority has to bring food for their workers in the parking lot.

Um this is something serious.

Um, and I just think as a City Mobile, we need to be prepared for however long is this gonna take.

Um, but if we can work with our food banks and if I have to do anything in my district, let's start focusing on that because that's something serious.

These are workers who um they need food, and so they let me know that um our citizens um in this city properly would need those same assistance.

So my request is we we look at some different ways that we can work with our full banks, and if I have to put anything with my discretionary to help towards that, um let's work together to make sure our citizens um and our workers are are well taken care of.

Thank you, Mr.

President.

Okay, anyone else?

Anything from the administration.

Yeah, and and and mayor, this is our first opportunity really.

And and Mayor, this is our first opportunity really hologressing mayor, you probably want to get on the microphone to set it this especially since it's your last announcement during pre-council.

Well I was going to ask you to talk about the cruise ship since and we haven't seen you since all that happened.

So um the spirit is back be here for six months.

After six months it'll come back for another six months and then following that we'll have a new class of ship that'll come in and start doing the year-round sailing.

The new ship is 900 passengers larger they'll have 14 day cruises eight day cruises seven day cruises um so for any city council that wants to escape for a couple of weeks I highly recommend you go ahead and book it.

But I think this uh is a reflection upon what's going on in Mobile and people wanting to cruise out of mobile.

I also think it's a reflection of Carnival anticipating the airport opening a year from now uh thinking that you'll start having fly in customers instead of just drive in and so um that would be my remarks having to do with the um with carnival and the spirit but um my further remarks having to do with this being my last meeting I'll make those downstairs all right thank you all right we'll see each other downstairs at 10 30 yeah now way up