HomeMy WebLinkAbout06-27-1977 Regular MeetingA
STATE 'OF ALABAMk
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COUNTY' OF BAI DWIN 4;
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The City Council of the City of Fairhope, Alabama met in regular session
on Monday, June 27th, 1977, at 7:00 P.M., at the City Administration
Building, 387 Fairhope Avenue, Fairhope, Alabama, with the following
members present: Mayor Pro=tem Sam E. Box; Councilmen: Henry G. Bishop,
Jack A. Stipes and Billy Don Wiggins.. Members absent: Mayor James P.
Nix and Councilman David E. Bishop.
The minutes of the June 13th, 1977 meeting were approved.
Councilman Jack A, Stipes moved, seconded by Councilman Billv Don
Wiggins, for final adoption of Ordinance No. 591, an Ordinance to
amend Ordinance No. 586, to establish that all customers using a lz,
2, 3, or 4 inch connection shall,pay for the entire cost of meters, and
costs for the installation of the same. Motion carried.
11r. Tom Wilkinson came before the Council to discuss with them the
Ordinance establishing a personnel system for the City of Fairhope.
The need for a personnel officer was discussed, and ram. Wilkinson
recommended either anAssistant City Clerk or an Administrative
Assistant working"under the Mayor, to act in the capacity of Personnel
Officer, stating that a City the size of Fairhope did not necessarily
need a full time Personnel Officer. Mr. Wilkinson said in regards to
a Personnel Board that while a Personnel Board was not absolutely
essential, it was an advisory board which could make recommendations to
the City Council in areas of Personnel that needed to be revia,7ed from
an outside look.
Ordinance No. 592, an Ordinance to,establish a personnel system for
the City of Fairhope, failed for lack of a motion for final adoption.
Councilman Jack A. Stipes introduced the following Ordinance to establis]
a personnel system for the City of Fairhope.
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ORDINANCE NO.
BE IT ORDAINED BY THE CITY COaTCIL OF FAIRHOPF, AIABAMA AS
FOLLOWS:
Section 1. Purpose.
There is hereby established'a personnel system for the Citv of
Fairhope. Such system shall be established on the following merit
principles:
(a) Recruiting, selecting, and advancing employees on the basis
of their relative ability, knoe:.-ledge, and skills, including open
competition of qualified applicants for initial appointment;
(b) Establishing par rates consistent with the principle of
providing comparable pay for comparable work.
(c) Training employees, as needed to assure high quality
performance,
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(d) Retaining employees'on the basis of the adequacy of their
performance, correcting inadequate performance and separating employees
whose inadequate performance can not be corrected..
(e) Assuring fair treatment of applicants and employees in all
aspects of personnel administration without regard to political affiliation
race, color, creed, national origin, or ancestry, sex or religion.
Section II Classified service; execptions.
The Classified service shall include all employees serving in
continuing positions in the municipality except the following:
(a) Members of the 14 micipal Governing body and other elected
officials;
(b) Members of appointed boards, commissions, municipal judges and
nmicipal attorneys;
(c), Persons employed to work less than full-time;
(d) -Volunteer personnel who receive no regular compensation .from
the municipality;
(e) Temporary positions scheduled for less than one year's duration
unless specifically covered by the action of the mayor and muni.cinal council;
(f) Persons performing work under contract for the rnmicinality who
are not carried on the payroll as employees;
Nothing herein shall be construed as precluding the ravor and/or
municipal Governing Body from filling any excepted positions in the manner
in Tvhich positions in the classified service are filled.
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Section III Personnel Officer
A Personnel Officer shall be appointed by the C-overn.ing Body of the
City of Fairhope.
Section IV. Duties of the Personnel Officer
The personnel officer shall be responsible for the personnel adminis-
tration system and shall direct all of its administrative and technical
activities. His duties shall include, but not be limited to the following:
(a) encourage and excercise leadership in the development of effective
personnel administration practices within the municipality;
(b) investigate from time to time the operation and effect of this law
and the policies made thereunder and to report his findings and recommendati
to the „Mayor and Municipal Governing Body;
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(c) establish and maintain comprehensive personnel records
for each employee in the municipality's service including for
each employee his classification, pay rate, date of employment �
and other relevant data.;
(d) advise the mayor and municipal Goevrning Body regard-
ing the most effective manpower resources;
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(e) make an annual report to the mayor and municipal
Governing Body regarding the status of the personnel administra
tion program.
Section V Preparation of Personnel Rules and Regulations
The personnel officer shall not more than ninety (90)
days after the effective date of this ordinance draft or cause
to be drafted the personnel rules and regulations for the
municipality. Such rules shall become effective upon passage
of an appropriate ordinance by the municipal Governing Body.
The policies shall provide for: i
(a) The classification of all positions, based on duties,
authority and responsibility of each position, with adequate
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provisions for reclassification of any positions warranted by
changed circumstances;
(b) A pay plan for classified vacancies and acceptance
of application for employment;
(c) announcement of employee vacancies and acceptance of
application for employment;
(d) preparation and administration of examinations, if
appropriate;
(e) establishment and use of eligibility lists, if
appropriate;
(f) establishment of promotion policies and procedures,
(g) transfer, promotion and reinstatement of employees;
(h) performance evaluations of employees, including those
on probationary periods;
(i) separation of employees from the classified service
resignation, suspension, dismissal, layoff, or incapaci.t,y t`j
perform duties;
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Section V Preparation of Personnel Rules and Regulations(cont.) j
(j) grievance and appeal procedures;
(k) establishment of hours of work, holidays, vacations,
leave regulations and procedures;
(1) outside employment of municipal employees;
(m) establishment of a probation period for all employees
prior to final appointment;
(n) development of employee morale, safety and training
programs;
(o) such other matters as may be necessary to carry out the
intent and purpose of this ordinance.
Section VI. Payroll verification
The personnel officer or his authorized agent shall be
responsible for the certification of the payroll vouchers that
the persons named therein have been appointed and employed in
accordance with the provisions of this ordinance and the policies
thereunder. The disbursing officer of the municipality shall
not make or approve or take part in making or approving any i
payment for the personal service to any person holding a position
in the municipality unless said payroll voucher or account of such
pay bears the certification of the personnel officer or his j
authorized agent.
- e—c,ti,Qn. VII Repealer
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That any ordinance or part thereof in conflict with this
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ordinance be and the same is hereby repealed. i
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:SECTION VIII ,Severability j
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If any section or provision of this ordinance be declared
to be invalid or unconstitutional by judgement or decree of a
court of competant jurisdiction such judgement or decree shall
not affect any other section or provision of this ordinance.
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Section IX Effective Date- Publication
This ordinance shall take effect upon adoption and shall
be published as required by law.
ADOPTED AND APPROVED THIS THE DAY OF , 1977.
ATTEST:
CITY CLERK
Councilman Billy Don Wiggins moved to introduce the follmdng Ordinance:
ORDINANCE'NO;,�9_ M
BE IT ORDAINED BY TIC CITY COUNCIL OF, THE CITY OF FAIRHOPE, ALABAMA,
AS FOLLOWS:
SECTION 1. That the Personnel Rules and Regulations which have
been printed in booklet form and are attached hereto shall be adopted
as the rules and regulations governing personnel actions of the City of
Fairhope.
SECTION 2. That any ordinance or part thereof in conflict with this
ordinance be and the same is hereby repealed
SECTION'3. If any section or provision of this -ordinance be declared
to be invalid or unconstitutional by judgement or decree of a court of
competent jurisdiction such judgement or :decree shall not affect any
other sectionor provision o£,this ordinance.
SECTIONA This ordinance shall take effect upon adoption and shall
be published as required by 'law.
ADOPTED AND APPROVED THIS THE
ATTEST:
CITY CLERK
DAY OF ,
Mr. George McKean, Attorney at Law, came before the Council representing
Mr. Thad Ingram, Mr. Toni McClendon, and T.C. Jackson, to file an applica-
tion for the Medical Clinic Board East for the Citv of Fairhope. Pam.
McKean stated that they would like to be given authority to establish a
public corporation for the purpose of acquiring, owning, leasing and disposing
of one or more medical clinics and clinical .facilities under the ;)rovisions
of Act No. 516, adopted at the 1955 regular session of the Alabama Legislature
Councilman Henry G. Bishop moved, seconded by, Billy Don VTiggins to adopt the
following Resolution:. Motion carried.
A RESOLUTION APPROVING THE APPLICATION
FOR AUTHORITY TO INCORPORATE A PUBLIC
CORPORATION FOR THE PURPOSE OF ACQUIRING,
OWNING, LEASING AND DISPOSING OF ONE OR
MORE MEDICAL CLINICS AND CLINICAL FACILI-
TIES UNDER THE PROVISIONS OF ACT NO. 516,
ADOPTED AT THE 1955 REGULAR SESSION OF
THE LEGISLATURE OF ALABAMA, APPROVED
SEPTEMBER 9, 1955 (ACTS OF 1955, PP. 1160,
ET SEQ.) AS AMENDED AND AUTHORIZING THE
PERSONS FILING SAID APPLICATION TO PROCEED
TO FORM SUCH CORPORATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRHOPE,
Alabama, as follows:
Section 1. That the Council, upon evidence duly sub-
mitted to and considered by it, hereby finds and determines
that the following application has been duly filed with the
Council, that such application was signed by not less than
three natural persons and that each of said persons is a
duly qualified elector of and owner of proporty i.n the city
of Fairhope:
"TO THE GOVERNING BODY OF THE CITY OF FAIRHOPE:
We, the undersigned natural persons, who are duly
qualified electors and owners of property in the City
of Fairhope, Alabama, do hereby apply for authority to
incorporate a public corporation for the purpose of
acquiring, owning, leasing and disposing of one or more
medical clinics and clinical facilities under the
provisions of Act No. 516, adopted at the 1955 Regular
Session of the Legislature of Alabama, approved Septem-
ber 9, 1955 (Acts of Alabama, 1955, pp. 1160, et seq:.)
as amended; and we do hereby request that said appli-
cation be granted and that a proper resolution be
adopted by you authorizing such incorporation.
WITNESS our signatures, this day of June,
1977.
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Section 2. That the Council has duly considered
said application and hereby declares that it is wise, expedient
and necessary that such a corporation be formed and that the
persons filing such application shall be authorized to
proceed to form such corporation.
Section 3. That the Council approves such application
and hereby grants the authority applied for, and authorizes
the persons filing such application to proceed to form such
corporation.
Section 4. That the Clerk is hereby authorized and
directed to publish this resolution by publication in one
issue of the "Eastern Shore Courier", which the Council
hereby finds to be a newspaper published in and of general
circulation in the City of Fairhope.
Adopted this 27th day of June, 1977.
S E A L
Attest:
President Pro Tem
Clerk
CERTIFICATE OF PUBLICATION
I hereby certify that the above and foregoing resolution,
bearing the signature of approval of the President Pro Tem,
was published by me by causing the same to be published in
the "Eastern Shore Courier", a newspaper published and of
general circulation in the City of Fairhope, in the issue of
June , 1977.
Cler
S E A L
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Councilman Henry G. Bishop nominated Mr, Thad Ingram to serve on the
Medical Board East for a six (6) year term.
Councilman Jack A. Stipes nominated Mr. Tom McClendon to serve on the
Medical Board East for a two (2) year term.
Councilman Billy Don Wiggins nominated Mr. T.C. Jackson to serve on the
Medical"Board East for a four (4) year term.
Councilman Henry G. Bishop moved, seconded by Councilman Billy Don
Wiggins that the nominations be closed. Motion carried.
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11r. Thad Ingram was elected to serve on'the Medical Board East for a
six (6) year term. ,.
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Mr. Tom McClendon was elected to serve on the Medical Board East for
a two (2) year, term..
Mr. T.C. Jackson was elected to serve on the Medical Board East for
a four (4) year term.
City Attorney John V. Duck told members of the Council that the City
can assess for drainage on the Sally Maloney property. Mr. Duck said
the City can assess for the special benefits derived by the property
owner. Mr. Duck said that the City would have to assess all of the
property owners that the drainage serves.
Councilman Billy Don Wiggins moved, seconded by Councilman Henry G. Bishop,
to write to Mrs. Sally Maloney and the V:F.W. stating the cost of fixing
the drainage problem, showing the approximate cost to be $ 2,100.00 if
the City provides the labor and $ 3,900.00 if all of the work is done by
a contractor. Upon being put to vote the following vote was recorded:
AYES: Henry G. Bishop, Sam E. Box and Billy Don V`iggins. NAYES: Jack A.
Stipes. Motion carried.
Councilman Jack A. Stipes opened up a discussion on the deposits required
by the City for renters and stated that Riviera Utilities charged more
for renters than for home owners. N1r. Stipes stated that it was also
costing the City money to send the employees to collect on bad checks.
Chief Meter Reader Jimy Hardy said that he would get together the
information on the service charge policies of Baldwin County FMC and
Riviera Utilities and get with Councilman Stipes in order to put a
similar policy into effect for the City.
Mayor Pro -tern Sam E. Box told members of the Council of a letter from
the Southwest Alabama Police Academy requesting $ 200.00 to belp nay the
cost of room and board for agencies served by the Police Acadejiry.
Chief of Police Leo Gilheart stated that he felt the City should appropriat
the money to the Southwest Alabama Police Academy. This letter shall become
a part of these minutes.
Councilman Henry G. Bishop moved, seconded by Councilman Billy Don Wiggins,
for the City to participate as outlined in the letter and authorize the
City Clerk to send the $ 200.00 as requested. I.btion. carried.
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e �Vut4wpst Alabama Mire Arabrin
FAULKNER STATE JUNIOR COLLEGE BAY MINETTE, ALA. 36507
(205) 937-9581 or 937-9584
EXT. 56 & 67
ACTS (80) 232-0156 or 232-0167
DIRECTOR ASSISTANT DIRECTOR
W. Van Davis E. Alan Brown
IMPORTANT NOT ICE
TO: CHIEFS, SHERIFFS, DEPARTMENT HEADS
FROM: Ti. Vz_�'.-t ;�AVIS, D!'.Z1?(` t-)R - SOUTMTEST ALA.BXIA POLICE ACADEr4Y
As every law enforcement agency knows with the recent
monetary cutbacks by LEPA, agencies served by the Police Academies
were forced to start paying room and hoard to send their men to
school and that the Academies had to alter their operation in ways
to best accomodate these agencies.
1<7e of the Southwest Alabama Police Academy maintained our
facilities on the Faulkner State Campus, moved to new classrooms
and still have full campus priviledges for all students attending
the Police Academy. Our only change is that the men are now
housed and fed at the Southern Host Inn which provides us with
score of the best facilities in the State for your maximum dollar
satisfaction. This provides a better operation for both college
and Academy because of existing room facilities on Campus in
respect to college student and Academy student enrollment on the
Faulkner State Campus.
By taking this type of operational aspect which is best
suited to the Agencies we serve, it created the problem of local
match funds. In order to recoup these funds and hopefully de-
crease them in following years, we are placed in a situation of
assessing the agencies supporting us $200.00 on a yearly basis.
As evervone is aware, monies have been appropriated through
legislative action and effective October 1, 1977, the Academies
Fkiil again maintain full cost of training at no expense to the
agencies.
(Page 2 )
This money may come from any Municipal or County source but
must not come from federal monies because you will be matching
federal funds with federal money which isn't allowed by mandate.
This money will be placed in a seoiiarate account and be returned to
the College who is presently supporting our match.
This money will ensure our present operation procedure and
will aid in decreasing any future assessment if legislation action
doesn't occur prior to our next grant period on October 1, 1977.
mh�'c1:ecks should be made payable to the Southwest Alabana
Police Academy and be in our office no later than July 15, 1977.
I will be contacting each Agency Head that this letter reaches
by telephone and will gladly appear in person to explain to any
council,cor•.imission or person the reason for this assessment.
Assuring you of our continued cooperation and support to the
Agencies we serve with Minimum Standards Schools, I am,
Sincerely,
,v tZ.-
W. Van Davis
Director
r,TNID/m-j s
A.
Councilman..Jack A. Stipes said that the City needed to paint the shelter
areas at the beach and also a larger -sign needed to be made for the pier
regarding diving as the present one was small and hard to read.
Councilman Jack A. Stipes moved, seconded by Councilman Henry G. Bishop, to
have the big sign put back up at the pier and to paint the shelter areas.
Motion carried.
Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes,
for the City to send a letter to Alabama Power Company, expressing dis-
pleasure at being without service for a period of one hour and t,7enty-one
minutes, with a copy to the Federal Power Commmission, and the Public
Service Commission, and also to acknowledge receipt of the letter received
from Alabama. Power Company dated June 16th, 1977. Motion carried.
Councilman Jack A. Stipes stated that there was a need in the City for
a Building Inspector and said that he felt a person familiar with the
Southern Building Code would be beneficial to the City. Mr. Stipes
said that he would submit the application of a qualified person at the
July llth, 1977 meeting of the Council.
City Superintendent E.J. Kirk reported on the drainage situation on the
J, Russell Kilgore property. Mr. Kirk said that he had contacted the
adjoining property owners regarding easements and had been successful
in getting the consent of the property owners. Councilman Stipes asked
Mr . Kirk to come up i%dth some cost _figures on the I;ilgore pro j ect and
Councilman 1-iggins requested getting the signatures of the adjoining
property owners before starting on the project.
Ms. Ack Moore submitted a copy of the bids received on the Middle Street
Sewer Project to members of the Council. Mr. Moore stated that Fairhope
Paving Company 's bid in the amount of $ 45, 139.50 was the low bid
received and recommended that the City accept the bid of Fairhope Paving
Company.
Councilman Jack A. Stipes moved, seconded by Councilman Billy Don Wiggins,
to accept the recommendation of Moore Engineering to award the bid for
the Middle Street Sewer Project to Fairhope Paving Ccrrany. Motion
carried.
Councilman Jack A. Stipes told members of the Council that the residents
on top of the bluff at the beach were having problems with people going to
the beach at night and also sanitation problems. Mr. Stipes recommended
that the Council authorize the placing of a six (6) foot fence with a
thirty (30) foot rolling gate to be placed just above wihere the rest rooms
are on the north side of the beach area and that these grates wii_ll be closed
at 10:00 P M. and;no one'ti7ill beT'allowed on the beach after that hour.
The Council,req_uested that the.,neU7s media give the City Publicity on the
fencing of the beach in order to get the feeling of the citizens by
letting them know that the,City°is considering fencing the beach.
CouncHman-Billy-Don Wiggins moved; seconded by Jack A. Stipes, for
the City to rent six (6) Porta-toilets for the fourth of Julv to be paid
for out~of,the Beach�Revenue'A.ccount. Motion carried.
1,1ayor Pro-tem Sam E. Box told members of the Council that the Citv is having
trouble with the copier and said that he felt the City should rent rather
than buy a copier, and also that the City should put some restrictions on
the copier.
Councilman Billy Don Wiggins moved, seconded by Councilman henry 0. Bishop,
to have a key put on the present copier until the City decides about
obtaining another copier, with the key to.be kept by the City Clerk.
Nbtion carried.
Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes
for the City to pay the insurance bill in the amount of $ 675.32, for
the fairhope Volunteer Fire Department. Mbtion carried.
City Superintendent Jack Kirk reported on the accident wtYich had caused
damage to the street sweeper , and stated that it would cost $ 2 J00.00
to replace the cab where it was damaged.
Councilman Jack A. Stipes moved, seconded by Councilman Billy Don Wiggins,
to repair the cab on the street sweeper. Motion carried.
Councilman Jack A. Stipes moved, seconded by Councilman Billy Don Wiggins, f
the Council to receive a status report on projects which already had Council
approval to see how much progress has been made, with a copy ofthereport
to be given to Purchasing Agent Louis Kirby. Motion carried.
Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes,
to allow the Jaycees to use a motor home vihlich will be larger than 3/4 ton
at the beach for the fourth of July festivities. Motion carried.
Councilman Jack A. Stipes moved, seconded by Councilman Billy Don Wiggins,
to Proclaim Sunday, July 3rd, 1977, as Dr. Meaker Day in the City of Fair -
hope in honor of Dr. Meaker's 100th birthday. Motion carried.
Councilman Henry G. Bishop moved, seconded by Councilman Billy Don Wiggins,
to authorize the City Clerk to pay Moore Engineering $ 4,458.83, for
professional services rendered in connection with the proposed street paving
project, out of funds available from previous street assessment programs,
with the money to be replaced at a later date. Motion carried.
Councilman Billy Don Wiggins moved, seconded by Councilman Jack A.. Stipes
to pay Moore Engineering $ 1,264.88 for professional services rendered
in connection with the Middle Street Sewer Project, out of the Water and
Sewer Account. Motion,carried.
There being no further business, on a motion duly made, seconded and carried,
the meeting adjourned. I
ATTEST:
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