HomeMy WebLinkAbout02-25-2008 Regular Meeting4477
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session at
5:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 25 February.
Present were Council President Robert C. Gentle, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford, Mayor
Timothy M. Kant, City Attorney Marion E. Wynne, and Assistant City Clerk Lisa A.
Hanks. City Clerk Geniece W. Johnson was absent.
There being a quorum present, Council President Gentle called the meeting to
order. The invocation was given by Dr. Paul Fowler, Pastor of Eastern Shore
Presbyterian Church, and the Pledge of Allegiance was recited. Councilmember
Quinn moved to approve minutes of the February 11, 2008, regular meeting.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Lisa Hanks, Assistant City Clerk, announced to Council President Gentle that
she had a document from Geniece Johnson, City Clerk, to be read. The following is
the Mayor's letter vetoing the proposed ordinance to increase the pay of the Council,
Council President, and Mayor salaries that was read:
4478
25 February 2008
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These are my objectives for vetoing the proposed ordinance to increase the pay of
the Council, Council President, and Mayor salaries:
1. I believe that government need to stop excessive pay increases for elected
officials who choose to serve the public.
At the council meeting on Monday, February 11'h, the Mayor was not
given an opportunity to give any input on the ordinance or to be part of
any discussion conceming the pay increases.
3. I, Mayor Kant believe that the increase is excessive and should have been
based on the increases given to the City employees over the past four
years. In the past four years the City of Fairhope employees have been
given cost of living pay increases totaling 14%. The proposed increase for
the Mayor is 257% increase ($16,800.00 to $60,000.00)
According to the Alabama League of Municipalities and the Code of Alabama,
salary increases for the Mayor and the City Council had to be proposed, adopted,
properly signed, and advertised by Tuesday, February 26'h in order to be effective
for the next administration, which takes office in November 2008. (Section 11-43-
2 and Section 11.43-80)
ou have any questions,
you may call City Hall at 251-928-2136, ext. 110.
Council President Gentle asked Ms. Hanks; when did you receive this letter? Ms.
Flanks replied today.
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25 February 2008
Council President Gentle announced that item #3, a public hearing to amend
Ordinance No. 1253 known as The Zoning Ordinance and amend Ordinances No.
1136 and No. 1163 concerning The Village North Planned Unit Development aka
"The Triangle" has been pulled from the agenda, at the request of the Dyas family.
Councilmember Ford introduced in writing Ordinance No. 1354, an ordinance
amending Ordinance No. 1314 directing the transfer of a ten foot property strip of
land to Colony Square, L.L.C., for $5,000.00 and declaring said property to be
surplus and not needed for public or municipal purposes. The amendment is
necessary to correct an error in the legal description. In order to take immediate
action, Councilmember Stankoski moved for immediate consideration. Seconded by
Councilmember Christenberry, motion for immediate consideration passed
unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford,
and Gentle. NAY - None. Councilmember Christenberry then moved for final
adoption of Ordinance No. 1354. Seconded by Councilmember Quinn, motion for
final adoption passed unanimously by the following votes: AYE - Quinn, Stan-koski,
Christenberry, Ford, and Gentle. NAY - None.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
an agreement between the City of Fairhope and Hutchinson, Moore & Rauch, LLC
for 2007 to conduct environmental consulting services to maintain compliance with
the conditions of the MS4 Permit. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
RESOLUTION NO. 1437-08
WHEREAS, the City of Fairhope shall enter into agreement with Hutchinson, Moore
& Rauch, LLC (HMR) for 2007, to provide environmental consulting services in an effort to
maintain compliance with the conditions of the Municipal Separate Storm Sewer System
(MS4) Permit; and,
WHEREAS, to provide environmental consulting services, the following plan of
action will be implemented by Hutchinson, Moore & Rauch:
1. Represent the City at meetings of the Stormwater Consortium.
2. Address related correspondence on behalf of the City.
Complete the annual stormwater sampling and analysis (one time each year).
•1. Complete and submit the City's required annual report.
WHEREAS, the cost to provide environmental consulting services shall not exceed
$2,000.00; and,
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25 February 2008
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute an agreement
between the City of Fairhope and Hutchinson, Moore & Rauch, LLC for 2007, to conduct
environmental consulting services to maintain compliance with the conditions of the MS4
Permit.
ADOPTED THIS 25TH DAY OF FEBRUARY, 2008.
w , Jk---
Timgg(hy MI Kant, ayor
Attest:
cjeniece W. Johns n, City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution setting a public hearing for the consideration of
the adoption of new building, mechanical, plumbing, fuel and gas, fire and electric
codes. Seconded by Councilmember Christenberry, motion passed unanimously by
voice vote. Councilmember Stankoski commented that there was a provision in the
code regarding a five (5) foot setback that would cause the property owner to have
additional costs or loss of space on one side of their house.
RESOLUTION NO. 1438-08
A RESOLUTION OF THE FAIRHOPE CITY COUNCIL
TO SET A PUBLIC HEARING FOR THE CONSIDERATION
OF THE ADOPTION OF NEW BUILDING, MECHANICAL,
PLUMBING, FUEL AND GAS, FIRE AND ELECTRIC CODES
WHEREAS, the City of Fairhope, Alabama (the "City") is considering the adoption of new
technical codes relating to building, mechanical, plumbing, fuel and gas, fire and electrical matters;
WHEREAS, the specific codes that the City is considering for adoption are as follows (the
"Proposed Codes"):
(1) 2006 International Code Council Residential Building Code (IRC) with the
exception of Chapters 35-42 of the IRC.
(2) 2006 International Code Council Building Code (IBC) together with Appendix D
thereto for the Fire District
(3) 2006 International Co3e Council Mechanical Code (IMC)
(4) 2006 International Code Council Plumbing Code (]PC)
(5) 2006 International Code Council Fuel and Gas Code (IFGC)
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25 February 2008
(6) 2006 International Code Council Fire Code (IFC)
(7) 2006 International Code Council Existing Building Code (IEBC)
(8) 2005 National Fire Protection Association 70, National Electric Code (NEC)
(9) National Fire Protection Association 501 A 2005 Manufactured Housing
(10) City of Fairhope General Code Information Supplement
(11) City of Fairhope Electrical Code Supplement
(1?.) City of Fairhope Gas Code Supplement (also known as "Recommended Practices
For Two Pound Pressure Natural Gas Piping Systems For New Construction")
WHEREAS, § 11-45-8(c) of the Alabama Code (1975) provides that the Proposed Codes
may be adopted by reference and without setting them out at length; and
WHEREAS, § 11-45-8(c) of the Alabama Code (1975) requires that, in order to adopt the
Proposed Codes by reference, the Fairhope City Council (the "City Council") must hold a public
hearing and file copies of the Proposed Codes with the Clerk of the City for review and inspection by
the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council that a public hearing to
consider the adoption of the Proposed Codes be set and held during a regular meeting of the City
Council on March 24, 2008, which meeting will begin at 5:30 p.m. and will take place in the City
Council Chamber located at 161 North Section Street in the City.
BE IT FURTHER RESOLVED that Barry Fulford, Building Official for the City, be
instructed to place on file with the City Clerk's office, on or before March 3, 2008, no less than three
(3) copies of the Proposed Codes to pennit use and examination of same by the public.
BE IT FURTHER RESOLVED that this resolution be published once a week for two (2)
successive weeks, with the second of such publications occurring at least fifteen (15) days prior to the
public hearing on March 24, 2008, in the Fairhope Courier.
ADOPTED this 25th day of February, 2008.
ATTEST:
Geniece W. Johnson �_ity Clerk
4482
25 February 2008
Coimcilmember Quinn introduced in writing a resolution placing a
moratorium on annexations due to Municipal Election year, effective May 1, 2008
through January 1, 2009. She explained the need for the moratorium and reason for
the effective dates. Councilmember Stankoski then moved for the adoption of the
resolution. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
RESOLUTION NO. 1439-08
MORATORIUM ON ANNEXATION
WHEREAS, The City of Fairhope currently conducts annexations on a quarterly
basis: The Second City Council meeting of January, April; July and October; and,
WHEREAS, It is required by law to have a clearance letter from the U. S.
Department of Justice, Civil Rights Division, Voting Section, Washington, DC on all
annexations; and,
WHEREAS, A Municipal Election is scheduled for August 26, 2008, and a Run-off
Election is scheduled for October 7, 2008, and the City's regular scheduled
annexation is July 28, 2008. There is not ample time to receive the required clearance
letter from the U.S. Department of Justice; and,
THEREFORE, The City Clerk is requesting that the Governing Body of the City of
Fairhope, Alabama, place a moratorium on annexations effective May 1, 2008 -
January 1, 2009. The City will conduct regular annexations on January 26, 2009.
BE IT FURTHER RESOLVED, That the City of Fairhope shall resume annexations
at the regular quarterly scheduled January 1, 2009.
This duly adopted Resolution shall be published once in the local Gulf Coast
Newspaper.
Adopted and Approved this the 25th Day of February, 2008.
Attest:
eniece W. Johnso ,City Clerk
4483
25 February 2008.
Nancy Wilson, City Treasurer, addressed the City Council and explained the
need for removing the $17 million cap on the Governmental debt and recommended
placing a new cap of $19.5 million. Councilmember Ford stated is that going to open
us up and someone else may need or want money from the City. Councilmember
Stankoski said he agreed with Councilmember Ford and the public needs to know
when we authorize funds. Council President Gentle agreed to keep cap at only what
was needed.
After further discussion, Councilmember Christenberry introduced in writing, and
moved for the adoption of the following resolution, a resolution removing the $17
million cap on Governmental debt and placing a new cap of $18.5 million which
covered what was needed as of today. Seconded by Councilmember Ford, motion
passed unanimously by voice vote.
RESOLUTION NO. 1440-08
WHEREAS, pursuant to Resolution No. 1381-07, dated May 31, 2007, the Governing
Body of the City of Fairhope, hereby removes the Governmental debt cap of $17
million.
WHEREAS, $1.3 million (Library Bridge Loan) to retire capital project loan for the
library and to use a permanent financing method as required by the auditors.
WHEREAS, the new cap on the Governmental debt is hereby set at a capped $18.5
million as recommended by the city treasurer.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, that the Governmental debt cap of $17 million is hereby
removed and a new cap of $18.5 million is set.
APPROVED THIS THE 25th DAY OF FEBRUARY, 2008.
Attest:
Geniece W. John , City Clerk
4484
25 February 2008
Nancy Wilson addressed the City Council and explained the resolution
authorizing Mayor Timothy M. Kant to expense more than $3 million for the new
public library. Council President Gentle stated the City Council should vote on funds
as needed, not now. Councilmember Stankoski commented if we do something
today, pay in October when debt is due, then we won't remember. Councilmember
Ford said I agree with that. Councilmember Quinn stated that this would be part of
the budget process. Councilmember Christenberry asked Ms. Wilson that if we don't
vote, we won't be messing you up will we? Ms. Wilson replied no, but the interest
will accrue beginning in March. The resolution died for lack of a motion.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
execute the acceptance and approval form on the Financing Proposal from Hancock
Bank of Alabama in connection with the proposed issuance by the City of its
$1,300,000 General Obligation Warrant which warrant is proposed to be issued to
provide funds with which the City will retire its short term financing of a portion of
the costs of constructing the new public library in the City. Fixed rate of 2.91 % for
10 years with annual payments of $167,830.00, and first payment due October 1,
2008. Seconded by Councilmember Christenberry, motion passed unanimously by
voice vote.
RESOLUTION NO. 1441-08
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized and directed to execute, for and on behalf
of the City, the acceptance and approval form on the Financing Proposal from Hancock Bank
of Alabama in connection with the proposed issuance by the City of its $1,300,000 General
Obligation Warrant which warrant is proposed to be issued to provide funds with which the
City will retire its short term financing of a portion of the costs of constructing the new public
library in the City at a fixed rate of 2.91% for 10 years with annual payments of $167,
830.00, and first payment due October 1, 2008, and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor on the said acceptance and approval form.
Adopted on this 25th day of February, 2008.
Attest:
Geniece VG. Johns ,City Clerk
0'LlEV
25 February 2008
Councilmember Stankoski moved to reschedule the March 10`h Regular
Council meeting to Thursday, March 6ih due to the National League of Cities
Conference. The deadline date for submitting items for the March 6th agenda will be
Friday, February 29`h. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Councilmember Ford addressed the City Council to discuss an Airport
Authority issue. Chuck Zunk, Chairman of the Airport Authority, read the following
letter which stated that on February 19, 2008, the Fairhope Airport Authority
unanimously passed a resolution requesting the City of Fairhope to make a one-time
reduction of $25,000 in its next monthly appropriation paid to the Fairhope Airport
Authority.
Charles R. Zunk, Chairman
fairhope Airport Authority
161 N. Section Street
Fairhope, Alabama 36532
Phone:251-929-3966 Cell:251-404-0628 E-mail: Z4Bicycica,aol.coin
February 20, 2008
Honorable Timothy M. Ksnt, Mayor
City of Fairhope
161 N. Section St.
Fsirhope, AL 36532
Dear Mayor Kant:
The Fairhope Airport Authority, in its regularly scheduled meeting of February 19, 2008,
unanimously passed a resolution requesting the City of Fairhope to make a one-time
reduction of $25,009 iu its next montldy appropriation paid to the Fairhope Airport
Authority. In discussion before the vote upon the resolution, members of the Authority
noted that falling interest rates will likely yield $25,000 less in interest expense
(compared to budget) for the first half of the fiscal year. Given the many other pressing
financial needs of the City at this time, the Authority wishes to make this savings
available back to the City as quickly as possible.
Members of the Authority will re%icw the interest rate situation again during the second
half of the fiscal year to determine if additional reductions of interest expense are being
realized, which may also be passed back to the City.
Sincerely,
Charles R. Ztud
Chairman, Faiihope Airport Authority
CC: City Councilmember Mike Ford
City Treasurer Nmcy Wilson
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25 February 2008
Councilmember Ford said "I think one of the hardest things any of us has had to do is
turn down the Pirate band and now we have an opportunity to help them."
Councilmember Ford moved to donate the $25,000 to the Fairhope High School Band
to use for travel expenses to perform in the 2008 St. Patrick's Day Parade in Chicago,
Illinois or whatever was needed by the Band. Seconded by Councilmember Quinn,
motion passed unanimously by voice vote.
Council President Gentle asked if the City Council could bring up the veto
issue and move to override the veto. Assistant City Clerk Lisa Hanks replied yes the
item can be heard and showed Council President Gentle a copy of Ordinance No.
1330 which stated:
If the City Clerk does not receive confirmation from the Council
President to add all emergency items by Thursday noon these items
will not appear on the regular agenda. All other items may be added to
the regular agenda during the regular City Council meeting upon
receiving a motion and seconded and unanimous vote by the City
Council.
Council President Gentle was then told to ask the City Attorney Marion E. Wynne,
for the procedure to follow to override the Mayor's veto. Council President Gentle
asked Mr. Wynne if it was okay for the Council to discuss and move to override the
veto tonight. Mr. Wynne's response was yes.
Mr. Wynne then read from the Code of Alabama 1975, Sections 11-45-4 and 11-45-5:
In cities with populations of 12,000 or more, the mayor does not sit as
a member of council. Therefore, the clerk must transmit all ordinances
and resolutions intended to be of a permanent nature to the mayor
Within 48 hours after passage by the council. If the mayor disapproves
of an ordinance or resolution transmitted by the clerk, he or she must,
within 10 days of its passage by the council, return it to the clerk with
the written objections. The clerk is to report these objections to the
council at its next regular meeting. The council has the power to pass
an ordinance over the mayor's veto by two-thirds vote of the members
elected to the council. The vote must be recorded on the minutes.
Council President Gentle stated that lie would read again the Mayor's letter vetoing
the proposed ordinance to increase the pay of the Council, Council President, and
Mayor salaries. Mr. Gentle asked Mr. Wynne; if ti-e ordinance must be published to
take effect? Mr. Wynne's response was yes it mast be published and cited from the
Code of Alabama 1975, Section 11-45-8:
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25 February 2008
All ordinances of a general or permanent nature, except as provided in
subsection (d) of this section, shall be published in some newspaper of
general circulation published in the municipality. When the ordinance
is published in the newspaper it shall take effect from and after the
time it shall first appear therein.
Councilmember Stankoski moved to override the Mayor's veto of Ordinance No.
1353, an Ordinance to increase the pay of the Council, Council President, and Mayor
salaries. Seconded by Councilmember Christenberry, motion passed by the following
voice votes: AYE - Quinn, Stankoski, Christenberry, and Gentle. NAY- Ford.
Councilmember Stankoski questioned if the ordinance would be legal if it is not
published. Mr. Wynne stated that appears it would not be legal unless published.
Council President Gentle stated that Councilmember Ford attempted to have a special
council meeting. Councilmember Ford commented there were inconsistencies with
the salaries of the Mayor.
Councilmember Quinn stated she had contacted the Alabama League of
Municipalities regarding the salary issue and it Avas legal.
Councilmember Ford stated if you take away the Utility Superintendent's salary, you
won't find someone to take the job for $50,000. The salary should be X number of
dollars; raise the salary if you tool: away the Utility Superintendent's position. I tried
to call a special council meeting, but no one else wanted to call the meeting. The
Mayor could call a special meeting, the Council President could call one, or two (2)
Councilmembers could ask for one.
Council President Gentle stated he was not running for Council and anyone can nun
for Mayor. The Utility Superintendent position will be appointed.
Councilmember Quinn asked Mayor Kant why he didn't call a special meeting.
Mayor Kant replied that he tried to speak at the February 11, 2008 City Council
meeting and the City Council would not allow him to speak. He mentioned the City
of Fairhope is very special with volunteers and did not think this increase in salaries
was right. If you would have asked me for a ten to fifteen percent increase, I would
have said yes.
Councilmember Christenberry stated that we follow Robert's Rule and if you vote
"no" and the majority votes "yes", you cannot bring the subject back up. We used to
be a strong Mayor and weak City Council. Now, we are a strong City Council and
weak Mayor. Councilmember Christenberry asked; are we at a place where the
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25 February 2008
deadline is up? Mayor Kant replied, "I believe yes." Councilmember Christenberry
replied, "Mayor you're pretty smart. That was a good one. You can play poker with
me anytime."
Council President Gentle stated to Mr. Wynne and City Councilmembers that they
needed someone to help from outside. Councilmember Quinn moved to ask for an
Attorney General's Opinion. Seconded by Councilmember Christenberry, motion
passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:20 p.m.
Q t %
Robert C. Gentle, Council President
isa .Hanks, Assistant City Clerk