HomeMy WebLinkAbout04-28-2008 Regular Meeting4545
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, 28 April 2008.
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. John Alford, Pastor of Fairhope Christian
Church, and the Pledge of Allegiance was recited. Councilmember Quinn moved to
approve minutes of the April 14, 2008, regular meeting. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
Sherry Sullivan made the following announcements:
• Community Blood Drive with Life South Community Blood Services will be
held Wednesday, April 30, 2008 at the Nix Center from 9:00 a.m. to 5:30 p.m.
• Mayor's Prayer Breakfast is Thursday, May 1, 2008 at the Grand Hotel at
7:30 a.m.
Mayor's Comments and Staff Reports:
• Mayor Kant gave an update on the City of Fairhope Code of Ordinances. I am
pleased to announce that the City of Fairhope Code of Ordinances is now available
on-line. You can access the code by going to the City's website at
www.cofairhope.com.
Look under Public Notices, Meetings and Bids
Then under Ordinances and Forms
Then you will see the following under Ordinances:
Use the following address to link to your code:
City of Fairhope Code of Ordinances
The Code of Ordinances on-line will be updated on a quarterly basis. If there are
ordinances passed prior to the quarterly codification, we will post these individually
on our website and remove once put into our code.
4546
28 April 2008
The last group of ordinances has been sent to Municipal Code Corporation for
codification. This will have our code updated through March 24, 2008 when the
last ordinance was passed by the City Council.
• The following proclamation was presented by Mayor Kant Proclaiming May 4
thru May 10, 2008 as Municipal Clerks Week.
MUNICIPAL CLERKS WEEK
WHEREAS, THE OFFICE OF THE MUNICIPAL CLERK, A TIME HONORED AND
VITAL PART OF LOCAL GOVERNMENT EXISTS THROUGHOUT THE WORLD;
AND
WHEREAS, THE OFFICE OF THE MUNICIPAL CLERK IS THE OLDEST
AMONG PUBLIC SERVANTS; AND
WHEREAS, THE OFFICE OF THE MUNICIPAL CLERK PROVIDES THE
PROFESSIONAL LINK BETWEEN THE CITIZENS, THE 'LOCAL GOVERNING
BODIES AND AGENCIES OF GOVERNMENT AT OTHER LEVELS; AND
WHEREAS, MUNICIPAL CLERKS HAVE PLEDGED TO BE EVER MINDFUL OF
'THEIR NEUTRALITY AND IMPARTIALITY, RENDERING EQUAL SERVICE TO
ALL; AND
WHEREAS, THE MUNICIPAL CLERK SERVES AS THE INFORMATION CENTER
ON FUNCTIONS OF LOCAL GOVERNMENT AND COMMUNITY; AND
WHEREAS, MUNICIPAL CLERKS CONTINUALLY STRIVE TO IMPROVE THE
ADMINISTRATION OF THE AFFAIRS OF THE OFFICE OF THE MUNICIPAL
CLERK THROUGH PARTICIPATION IN EDUCATION PROGRAMS, SEMINARS,
WORKSHOPS AND THE ANNUAL MEETINGS OF THEIR STATE, PROVINCE,
COUNTY AND INTERNATIONAL PROFESSIONAL ORGANIZATIONS; AND
WHEREAS, IT IS MOST APPROPRIATE THAT WE RECOGNIZE THE
ACCOMPLISHMENTS OF THE OFFICE OF THE MUNICIPAL CLERK.
NOW THEREFORE, I, TIMOTHY M. KANT, MAYOR OF FAIRHOPE DO HEREBY
PROCLAIM THE WEEK OF MAY 4 THRU MAY 10, 2008, AS MUNICIPAL CLERKS
WEEK, AND FURTHER EXTEND APPRECIATION TO OUR MUNICIPAL CLERK,
GENIECE W. JOHNSON FOR THE VITAL SERVICE SHE PERFORMS AND HER
EXEMPLARY DEDICATION TO THE COMMUNITY.
4547
28 April 2008
• Sam Irby addressed the City Council and reported that Dr. Teresa Marshall
asked him to locate and help acquire a piece of property for a Dog Park in
Fairhope. This would be a fenced park for dogs. He told the Council that Dr.
Marshall was proactive for her animals, The Haven and the City of Fairhope.
He mentioned that they had met with Mayor Kant and Eddie Boyett regarding
a site for the park. There is a spot in Volanta Park on Sarge Turner Drive.
Mr. Irby stated that Sarge Turner was a dominating figure and special
character for Fairhope.
Dr. Teresa Marshall addressed the City Council stating as the City of Fairhope
has grown; we have less and less places for our dogs. A well -exercised dog is
a happy neighbor. This park is great all-around for everyone. We have
formed the Fairhope Dog Park Coalition and its job is to provide planning and
acquire money for the Park. We have a petition with 2,500 signatures
requesting a Dog Park in Fairhope. We are requesting, from the City, to use
the land on Sarge Turner Drive, provide the fencing, lighting, and water. Our
rules will state, "The Park will be closed after dark." We will specify in our
rules for citizens to show proof of dog inoculations/vaccinations yearly. The
rules will specify an age restriction for park access to keep it safe and secure.
We will have citizens sign a waiver of City liability. Councilmember Ford
asked would the City's insurance cover this. Mayor Kant replied yes. Mayor
stated we need to move forward. Councilmember Stankoski asked if there
had been any negative feedback. Dr. Marshall replied no.
After further discussion, Councilmember Christenberry moved to grant the
request of Sam Irby and Dr. Teresa Marshall to use the land on Sarge Turner
Drive for a Dog Park and move forward with their plans. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
• Mayor Kant presented Ronnie McDaniel from the Auburn University Gulf
Coast Substation with a framed copy of the Resolution passed April 14, 2008.
Mr. McDaniel thanked the City Council and Mayor for the resolution and
commented that if there was some way this substation could stay there for 10,
25, or 50 years from now, many would be proud that someone kept it as an
experimental substation.
• Rose Fogarty, Finance Director, and Nancy Wilson, City Treasurer, presented
the following PowerPoint presentation no action was taken by City Council.
Ms. Fogarty told the City Council that we were on budget: 50% of budget
with revenues and 51 % of budget with expenses. Council President Gentle
asked how much is still outstanding in property taxes. Ms. Wilson answered
there is $1.5 million still to collect.
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28 April 2008
CITY OF FAIRHOPE
CITY COUNCIL MEETING
APRIL 28, 2008
SUMMARY
FINANCIAL REPORTS
SIX MONTHS ENDED
3/31/2008
Slide 1
GASFUND
6 MONTHS ENDED
INCREASE
N3113008
3/3112007
(DECREASE)
REVENUES
4,969,716
4,831,744
(173,030)
COST OF ENERGY
2,627,164
2,467,355
59,809
EXPENSES
1.00,443
1,439.335
20,M8
EXCESS REVENUE OVER
(UNDER)EXPENSES
451,100
Slide 3
WATER/SEWER FUND
6 MONTHS ENDED
INCREASE
313112009
313112007
(DECREASE)
REVENUES
4.029,426
4,006,999
22,427
COST OF ENERGY
314,247
297.082
17,165
EXPENSES
3,804,647
3,430,017
374,630
EXCESS REVENUE OVER
(UNDER) EXPENSES
(89,468)
GENERALFUND
6 MONTHS ENDED
INCREASE
Y31Y1006 N3173007
(DECREASE)
REVENUES
11,672,607 10,373,041
1,299,466
EXPENSES
10,616,216 9,124,301
1,391,915
EXCESS REVENUE OVER
(UNDER)EXPENSES
1,150,291
Slide 2
ELECTRIC FUND
6 MONTHS ENDED
INCREASE
313112008 313112007
(DECREASE)
REVENUES
7.967,475 7,681,496
285,979
COST OF ENERGY
4,304,507 3,627,197
677,310
EXPENSES
2,967,435 2,403,873
563,562
EXCESS REVENUE OVER
(UNDER) EXPENSES
695,533
Slide 4
GOLF FUND
6 MONTHS ENDED
INCREASE
313112008 313112007
(DECREASE)
REVENUES
687,753 702,289
(14,536)
EXPENSES
768,362 744,385
23,977
EXCESS REVENUE OVER
(UNDER) EXPENSES
(80,609)
Slide 5 Slide 6
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28 April 2008
CASH BALANCE COMPARISON
AT MARCH 31, I008
PRIOR
PRIOR
CURRENT
MONTH
YEAR
1/3120M
2212M1
31312W
OENERALRIND
2,772,147
2,=,111
2,WZ,2W
OAS RID
201,602
210=
02,111
ELECTRIC RIND
1,02,117
101,IM
2,M7,211
WATER RIND
2,10A71
IMAM
40117A34
OOLP TUID
111,107
108,IM
148X
OAS A[TUND
26;024
2M,MS
2M,207
CAPITAL PROJECTS
207006
2,7113y2
122,DN
CAPITAL PROIECT84ARARY
11,120
22,010
1N,6M
TOTALS
11,W1, IS
11,1112,1144
11.214,722
SINNMORMDI
1,717,161
1,174A4/
1,791,416
WARRANTRINDS
0,135,7M
1,1VA27
W0,641
TOTAL EACLIJDMO
SINRMOAYARRANTPMDS
I,I07,4T7
//10,701
1,7433W
Slide 8
ALL FUNDS
6 MONTHS ENDED
INCREASE
313112003 313112007
)DECREASE)
REVENUES
29,015,877 27,595,571
1.420,306
EXPENSES
26,883,021 23.533,545
3,349.476
EXCESS REVENUE OVER
)UNDER) EXPENSES
2,132056
Slide 7
GENERAL FUND - CASH
Slide 9 Slide 10
• Marion E. Wynne, City Attorney, addressed the City Council and presented a
status report on the press packets discussed at the April 14, 2008 meeting.
City Attorney Wynne said there were two issues at hand: 1) the press packets
and 2) the letters from citizens. He said after researching state statutes,
attorney general opinions, and other relevant documents, the City Council
packets and letters from citizens for the packets are public record. Only
matters involving security issues, personnel letters, litigation, etc. would not
be open to the public. Citizen's letters regarding City business are public
records.
Council President Gentle asked do we need a disclaimer on the packet. City
Attorney Wynne replied yes because some documents could change or not be
adopted. The minutes are not approved and could be changed. City Attorney
28 April 2008
Wynne told the City Council that he and Assistant City Clerk Lisa Hanks will
work on the language for the disclaimer. Council President Gentle stated by
the next City Council meeting the press will have a packet with a disclaimer.
Councilmember Quinn asked; can we put the absentee ballot application on-line too?
Mayor Kant replied he would look into the matter.
Councilmember Christenberry moved for final adoption of Ordinance No.
1358, an ordinance to zone the property of Herbert and Ruth Pierce from B-4 Office
and Professional District to B-3b Tourist Resort Commercial Service District. The
Planning & Zoning Commission recommended denial of this ordinance. This
property is generally located at 19182 Greeno Road, Fairhope, Alabama. (Introduced
at the April 14, 2008 meeting) Councilmember Christenberry said that Planning &
Zoning only recommends the approval or denial of a rezone. This makes common
sense to me. This is a perfect fit. Councilmember Quinn commented it is one thing if
it is B4 or residential; putting a niche grocery store here is not common sense. The
village concept is to be dense and then thin further out. Planning & Zoning
recommended denial and nine bodies unanimously voted against it. There are plenty
of other spots for a niche grocery store. Seconded by Councilmember Ford, motion
for final adoption passed by the following voice votes: AYE — Stankoski,
Christenberry and Ford. NAY — Quinn and Gentle.
Councilmember Ford introduced in writing Ordinance No. 1359. An
ordinance annexing the property of Eastern Shore Presbyterian Church, Inc., located
at 23050 U. S. Highway 98, Fairhope, Alabama. Contains 13.07 acres more or less
43-09-32-0-000-001.038, 43-09-32-0-000-001.035, & 43-09-32-0-000-001.001. In
order to take immediate action, Councilmember Christenberry moved for immediate
consideration. Seconded by Councilmember Stankoski, 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. 1359. Seconded by Councilmember Ford,
motion for final adoption passed unanimously by the following voice vote: AYE -
Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none.
City Council reviewed an application for a Beer/Wine On/Off Premises
License by A. Pete Blohme, dba Panini Pete's located at 42 `/z S. Section Street,
Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the
license. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
Councilmember Ford moved to appoint Jerry W. Middleton to the Personnel
Board. This term will end April 2013. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
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28 April 2008
Councilmember Quinn moved to grant the request of Mike Lyons of Fairhope
Rotary requesting permission to serve alcohol at the 2008 Fairhope Rotary
International Steak Championship on May 9, 2008 from 7:00 p.m. — 10:00 p.m. on De
La Mare Avenue. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Councilmember Stankoski moved to grant the request of Danny Coleman,
Pre -Engineering Department requesting permission to use Bancroft Street to race the
Downhill Racers built by Year 1 Pre -Engineering Students on Thursday, May 1 from
8:30 a.m. to around 11:00 a.m. Seconded by Councilmember Christenberry, motion
passed unanimously by voice vote.
Councilmember Ford moved to accept the low bid of Sunbelt Fire Apparatus
provided all specifications are met, for SCBA Equipment for Fire Department.
Councilmember Quinn stated that she had a problem with only one bid. Dan Ames,
Purchasing Manager, replied that Mayor Kant had asked him to look into this issue.
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote. This purchase will be funded by General Operating Funds.
Dr. John H. Meyer, 126 Easton Circle, Fairhope, AL, addressed the City
Council regarding strategic planning. I first would like to say thank you to the City
Council and thank you to the Governmental Structure Committee. I attended all of
the meetings and agree we need to plan long term. I would like to suggest that you
use the Malcolm Baldridge Model for strategic planning.
Dick Bensman, 116 Wedge Loop, Fairhope, AL, addressed the City Council
requesting that absentee ballot applications be available via internet in the same
manner as Baldwin County's absentee voting system.
Councilmember Stankoski commented; it is great to live here in Paradise.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:30 p.m.
Robert C. Gentle, Council President
isa A. arks, Assistant City Clerk