HomeMy WebLinkAbout09-02-2008 Special MeetingSTATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in Special City Council meeting at
10:00 a.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Tuesday, 2 September 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 City Clerk Lisa A. Hanks.
There being a quorum present, Council President Gentle called the meeting to
order. The invocation was given by Councilmember Christenberry and the Pledge of
Allegiance was recited.
Councilmember President Gentle explained that the provisional ballots must be
opened and counted at this meeting. City Clerk Lisa Hanks explained that this is a
new procedure to Municipal Elections and the City Council is the Canvassing Board
who is required to count the ballots. Ms. Hanks told the City Council that she had
called the Alabama League of Municipalities regarding the provisional ballots and
verified the City Council, as the Canvassing Board, was to count the ballots.
Councilmember Christenberry stated that this procedure was not keeping the ballots
secret. Ms. Hanks replied that this was the reason she checked out the procedure
ahead of time and asked the exact same question regarding secrecy.
Councilmember Christenberry moved to allow City Clerk Lisa Hanks to open
and count the provisional ballots. Seconded by Councilmember Quinn, motion
passed by the following votes: AYE - Quinn, Christenberry, Ford and Gentle. NAY
— none. ABSTAIN — Stankoski.
City Attorney Marion E. Wynne read the following memorandum to enter into
an Emergency Executive Session for approximately 5 minutes:
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2 September 2008
September 2, 2008
7knolAy M. Kent. C.M.O.
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cer "w,pkn,on, C.M.C. Council President Gentle
ao, ° City Councilmembers
Wncy K. W-6— CPA
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Location — City Hall Conference Room
As Mayor of the City of Fairhope I hereby request on behalf of Marion E. Wynne
c a Ch t k." City Attorney that the Fairhope City Council go into Emergency Executive
MlQrel A. rQe. -C.M.O. Session to hear an update on possible litigation.
Rohm C.. C-*' C.M 0
aee a W. Qw . AC.MO. City Attorney Wynne does hereby declare that the City Council of the City of
O.M R. Sunkmhl Fairhope rise from a Special City Council meeting, on Tuesday, September 2,
2008, to go into Executive Session.
The City Council shall be in Executive Session for approximately S
minutesAwsm,(s). At the end of the Executive Session the City Council shall return
to the City Council Chambers to resume the Special City Council meeting.
The time is l�✓u' City Council exits the dais to go into Executive Session.
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Ti y M. ant, M yor
jart E. Wyk e, CityArt ey
Robert C. Gentle, Council President
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Councilmember Quinn moved to go in to executive Session. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
At 10:15 a.m. Mayor Kant, all Councilmembers and the City Attorney began the
Executive Session and all others attending the meeting exited the City Council
Chambers.
At 10:21 a.m. Mayor Kant, all Councilmembers and the City Attorney ended the
Executive Session and all others attending the meeting returned to the City Council
Chambers.
4691
2 September 2008
City Clerk Lisa Hanks read the results of the provisional ballots to the City Council.
She stated that one of the ballots was not counted because there was no reason
checked for the absentee ballot nor was the signature notarized or witnessed by two
people as required by law.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to Canvass the 2008 Municipal Election. Seconded
by Councilmember Christenberry, motion passed by the following votes: AYE -
Quinn, Christenberry, Ford and Gentle. NAY — none. ABSTAIN — Stankoski.
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4692
2 September 2008
CANVASS RESOLUTION
Resolution No. 1460-08
WHEREAS, the General Election for the City of Fairhope was duly and legally held on Tuesday,
26 August 2008, as provided by law; and,
WHEREAS, the Municipal governing body of the City of Fairhope met on this 2nd day of
September, 2008, all members thereof being present, at 10:00 o'clock a.m. and has canvassed the returns,
and has ascertained and determined the number of voters received by each candidate; and,
WHEREAS, the said municipal governing body has ascertained and determined the result of said
election as follows:
CANDIDATE
BOX
NO.I
BOX
NO.2
BOX
NO.3
ABSENTEE
MACHINE
SUBTOTALS
PROVISIONAL
BALLOTS
TOTALS
FOR MAYOR
Jack Burrell
92
187
201
13
493
1
494
Rick Gambino
81
159
201
11
452
0
452
Robert C. Gentle
206
387
447
45
1085
1
1086
Timothy M. Kant
223
439
523
63
1248
4
1252
Dean Mosher
232
456
518
76
1282
2
1284
Vince Valentim
12
11
10
0
33
0
33
Chris Warner
151
274
383
26
834
2
836
FOR PLACE NO.1
John H. Meyer
354
615
810
65
1844
5
1849
Debbie W. Quinn
604
1229
1382
159
3374
5
3379
FOR PLACE NO.2
Danny Corte
419
806
937
52
2214
4
2218
Daniel R.Stankoski
445
841
990
141
2417
5
2422
Douglas Taylor
88
156
215
24
483
1
484
FOR PLACE NO.4
Phil Brady
424
762
928
96
2210
4
2214
Michael A.(Mike) Ford
516
1009
1199
125
2849
6
2855
FOR PLACE NO.5
Alan T. Hall
402
789
995
111
2297
8
2305
Rick Kin ea
518
973
1108
104
2703
2
2705
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama,
as follows:
THAT DEBBIE W. OUINN received a majority of the votes casted for the office of
Councilmember PLACE NO. i and is hereby declared duly elected to that office for the
term beginning 3 November 2008.
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2 September 2008
THAT MICHAEL A. (MIKE) FORD received a majority of the votes casted for
the office of Councilmember PLACE NO.4 and is hereby declared duly elected to
that office for the term beginning 3 November 2008.
THAT RICK KINGREA received a majority of the votes carted for the office of
Councilmember PLACE NO.5 and is hereby declared duly elected to that office for
the term beginning 3 November 2008.
THAT NO CANDIDATE received a majority of the votes carted for the office of MAYOR
and that DEAN MOSHER and TIMOTHY M. KANT received the most and second most votes
casted for the office, therefore, a runoff election between said candidates is hereby ordered to be
held on Tuesday, 7 October 2008, pursuant to the requirement of Section 11-46-20 et seq., of the
Alabama Code of 1975, as amended.
THAT NO CANDIDATE received a majority of the votes casted for the office of
Councilmember PLACE NO. 2 and that DANIEL R. STANKOSKI and DANNY CORTE
received the most and second most votes carted for the office, therefore, a runoff election
between said candidates is hereby ordered to be held on Tuesday, 7 October 2008, pursuant to the
requirement of Section 11-46-20 et seq., of the Alabama Code of 1975, as amended.
ADOPTED THIS 2ND DAY OF SEPTEMBER, 2008.
Attest:
i.�
Lisa Hanks, City Clerk
Meeting was duly adjourned ata.m.
Timo M. Aant, Wyor
isa A. arks Clh' Clerk
4694
2 September 2008
There being no further business to come before the City Council, the meeting
was duly adjourned at 10:35 a.m.
J
Robert t Gentle, Council President
4.1'sa . H nks, City Clerk