Council Minutes

Monday, September 20, 2021
Wetumpka City Hall
6:00 p.m.

Work Session:
Citizen Comments: (Ordinance 2016-8) Mark Silberman spoke about issues with Waste Management.
Reports of:
      Boards and Committees – Lt. Adrian Thrasher as recognized and received a Distinguished Service Proclamation.
      Agenda Items

Council Meeting
Monday, September 20, 2021
Wetumpka City Hall
6:15 p.m.

      The Council of the City of Wetumpka held a work session prior to the 6:00 p.m. council meeting held on Monday, September 20, 2021. The meeting was called to order by Mayor Jerry Willis at 6:15 p.m. Councilmember Robbins led the invocation and the Pledge of Allegiance was led by Councilmember Justiss.

      Upon a Roll Call the following were present: Mayor Jerry Willis and Councilmembers Kevin Robbins, Cheryl Tucker, Lynnes Justiss, Steve Gantt and Joe Brown. Also present were City Clerk Tiffany Robinson and staff members.

      Councilmember Justiss offered a motion to approve the minutes of the Council Meeting held on September 7, 2021 as presented. The motion was seconded by Councilmember Brown with the Council voting unanimously in favor of the motion.

      Under old business, Councilmember Gantt made a motion to adopt the 2021-2022 budget as presented. Councilmember Brown seconded the motion with the Council voting unanimously in favor of the motion.

      Councilmember Justiss made a motion to suspend the second read of Ordinance 2021-4. Councilmember Robbins seconded the motion with the Council voting unanimously in favor of the motion.

      Councilmember Gantt made a motion to adopt Ordinance 2021-4, an ordinance to establish and regulate the reserve officer program. Councilmember Justiss seconded the motion with the Council voting unanimously in favor of the motion.

ORDINANCE 2021-4

ORDINANCE ESTABLISHING AND REGULATING THE RESERVE OFFICER PROGRAM

BE IT ORDAINED BY THE CITY COUNCIL OF WETUMPKA, ALABAMA AS FOLLOWS:

SECTION 1. ESTABLISHMENT. As provided by Section 11-43-210, Code of Alabama, 1975, a police reserve force, hereinafter called reserve, is hereby established within the Police Department of the City of Wetumpka, Alabama.
SECTION 2. QUALIFICATIONS. The reserve shall consist of not more than ten (10) members. Any person desiring appointment to the reserve must submit a written application to the Chief of Police of the City of Wetumpka, Alabama, be at least 21 years of age, of good moral character and reputation, and have never been convicted of a felony or of a misdemeanor involving force, violence, or moral turpitude. Applicants must consent in writing to a fingerprint and background investigation. Qualifications are required by Section 11-43-210, Code of Alabama, 1975.
SECTION 3. APPOINTMENT. Appointments to the reserve shall be made by the Chief of Police with the approval of the Mayor. Members of the reserve serve at the pleasure of the Chief of Police and may be removed with or without cause and without hearing, by the Chief of Police with the approval of the Mayor.
SECTION 4. SUPERVISION. The reserve shall function under the immediate direction of the Chief of Police, who shall provide for its organization and training. The Chief of Police is hereby authorized and directed to establish such rules and regulations as may be necessary for the efficient operation of the reserve and to appoint other officers to assist in the training and supervision of the reserve.
SECTION 5. EQUIPMENT. Each member of the reserve shall be issued an identification card by the Chief of Police. Members of the reserve shall carry this identification card with them at all times. Whenever a member of the reserve shall be called to active duty, he or she shall be issued a badge which shall be worn at all times while on active duty in a manner prescribed by the Chief of Police.
SECTION 6. DUTIES. The duties of reserve officers are confined to the following:
       (I) Patrol operation performed for the purpose of detection, prevention and suppression of crime or enforcement of the traffic or highway laws of the state, provided the reserve law enforcement officer acts at all times under the direct control and supervision of a certified law enforcement officer.
      (II) Traffic direction and control may be performed without direct supervision; provided, however, that supervisory control is exercised by a certified law enforcement officer whose total span of control would be considered within reasonable limits.
      (III) Reserve officers may render crowd control assistance at public gatherings of municipal functions as directed by the municipality, provided supervisory control will be exercised by a certified law enforcement officer whose total span of control would be considered within reasonable limits.

For purposes of this section, the term “certified law enforcement officer” shall mean a municipal police officer who has completed the training requirements of the Alabama Peace Officers’ Standards and Training Commission as set out in Article 3, Chapter 21, Title 36, Code of Alabama 1975.
SECTION 7. ARREST POWERS. No member of the reserve shall have any authority to exercise any power of arrest unless he or she has completed the training requirements of the Alabama Peace Officers’ Standards and Training Commission as set out in Article 3, Chapter 21, Title 36, Code of Alabama 1975.
SECTION 8. ACTIVE DUTY. Members of the reserve shall be called to active duty by the Chief of Police.
SECTION 9. WEAPONS. Reserve officers may be authorized to carry weapons only after receiving all training and satisfactorily completing all courses and obtaining all certifications necessary to safely and properly carry a weapon and upon authorization by the Chief of Police. The City of Wetumpka authorizes reserve officers to carry weapons only if the member has obtained a properly issued permit for the firearm. Should a reserve officer be authorized to carry a weapon, said officer shall follow all policies, rules and regulations for carrying a firearm as have been established for all City of police officers.
SECTION 10. COMPENSATION. No member of the reserve shall receive any compensation for time required by Reserve rules and regulations while on active duty.
SECTION 11. VIOLATIONS.
      (1) It shall be a misdemeanor for any person not a member of the reserve to wear, carry or display a reserve identification card, badge or in any way represent himself or herself to be connected with the reserve.
      (2) It shall be a misdemeanor for any member of the reserve to loan, sell, lease or otherwise permit any person not a member of the reserve to wear, carry or display a reserve identification card or badge.
      (3) It shall be a misdemeanor for any member of the reserve to assist any person not a member of the reserve to represent himself or herself as connected with the reserve.
SECTION 12. PENALTY. Any person found guilty of violating the provisions of Section 11 of this ordinance shall, upon conviction be fined in an amount not exceeding five hundred dollars ($500) or sentenced to imprisonment for not exceeding six (6) months; either or both, at the discretion of the court trying the cause.
Additionally, any member of the reserve charged with violating subsections (2) and (3) of Section 11 of this ordinance shall be suspended from the reserve pending a determination of guilt. Suspended reserve members must surrender their identification card and badge to the Chief of Police. Reserve members who are convicted of violating subsections (2) and (3) of Section 11 of this ordinance shall immediately be removed from the reserve force. A person convicted of violating subsections (2) and (3) of Section 11 of this ordinance shall not be eligible for reappointment to the reserve.
SECTION 13. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption and publication as required by law.

ADOPTED AND APPROVED this 20th day of September, 2021.

                        Signed:____________________
Jerry Willis, Mayor

ATTEST:

________________________
Tiffany Robinson, City Clerk

      Councilmember Brown made a motion a approve the Fire Department to purchase communication system at a cost of $6,639.75. Councilmember Tucker seconded the motion with the Council voting unanimously in favor of the motion.

      Councilmember Robbins made a motion to approve Public Works to purchase a commercial mower at a cost of $13,377.98. Councilmember Brown seconded the motion with the Council voting unanimously in favor of the motion.

      Under new business, Councilmember Robbins made a motion to approve Resolution 2021-9-20-1, a resolution to Authorize a Single Payment of Retrospective Premium Pay Per the Coronavirus State and Local Fiscal Recovery Funds to Regular Full-time and Part-time Employees. Councilmember Tucker seconded the motion with the Council voting unanimously in favor of the motion.

RESOLUTION 2021-9-20-1

[To Authorize a Single Payment of Retrospective Premium Pay Per the Coronavirus State and Local Fiscal Recovery Funds to Regular Full-time and Part-time Employees.]

      WHEREAS, the City of Wetumpka has an allocation from the American Rescue Plan Act 2021 through the Coronavirus State and Local Fiscal Recovery Funds; and

      WHEREAS, since the onset of the COVID-19 pandemic, extraordinary demands have been placed on City of Wetumpka employees to meet the daily needs of our community; and

      WHEREAS, as a result of the COVID-19 pandemic, City of Wetumpka Employees have continued working under very unique and demanding conditions related to the pandemic without additional compensation for their work; and

      WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund permits and encourages employers to use said funds to offer retrospective premium pay to essential workers in addition to wages and remuneration already received; and

      WHEREAS, the City of Wetumpka wishes to recognize the contributions and compensate said employees by providing a single payment of $2,500.00 to each regular full-time employee and $1,250.00 to each regular part-time employee.

      NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wetumpka hereby authorizes a single payment, of $2,500.00 to each regular full-time employee and $1,250.00 to each regular part-time employee.

      BE IT FURTHER RESOLVED, that said payments are to be funded through the Coronavirus State and Local Fiscal Recovery Funds following the first full pay period after the receipt of said funds, and is subject to all usual and customary taxes and deductions.

ADOPTED this 20th day of September, 2021.

_________________________________
JERRY WILLIS
Mayor

ATTEST:

______________________
Tiffany Robinson
City Clerk

      Also under new business, Ordinance 2021-____, an ordinance to establish arts and Entertainment district was read for the first time by the City Attorney. This Ordinance will return to the next agenda for consideration.

      Upon a motion by Councilmember Gantt, the meeting was adjourned at 6:30 p.m.

Approved by Council on the _______ day of ______________, 2021.

Signed: _______________________
Jerry Willis, Mayor

ATTEST:

Signed: _____________________
Tiffany Robinson, City Clerk