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Home My WebLink About11-10-2008 Regular Meeting4756 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, 10 November 2008. Present were Council President Debbie W. Quinn, Councilmembers: Daniel Stankoski, Lonnie L. Mixon, Michael A. Ford, and Rick Kingrea, Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Quinn called the meeting to order. The invocation was given by Arthur Bosarge and the Pledge of Allegiance was recited. Council President Quinn explained that the City Council is an ongoing governmental body and they would approve the minutes in two parts. Councilmember Stankoski moved to approve minutes of the October 27, 2008, regular meeting. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. Councilmember Mixon moved to approve minutes of the November 3, 2008, organizational meeting as amended by Council President Quinn. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Sherry Sullivan made the following announcements: • Flu Shots will be given on Thursday, November 13, 2008 from 10:00 a.m. to 6:00 p.m. at the James P. Nix Center - Open to the Public. The cost is $15 per shot or bring your Medicare Card. • City of Fairhope Annual Tree Lighting Celebration will be on Thursday, November 20, 2008 at 5:30 p.m., The Lights on at 6:00 p.m. - Downtown Fairhope. • November 15, 2008 is Electronic Amnesty Day from 10:00 a.m. to 2:00 p.m. Bring your electronics. • November 15, 2008 will also be Round -up Day in Fairhope at the Fairhope Museum from 6:00 p.m. to 9:00 p.m. Celebrate Fairhope's Founders and enjoy entertainment, refreshments, and fun. Mayor Kant presented and Jennifer Fidler, Public Works Director, read the following Proclamation declaring November 15, 2008 as Electronic Amnesty Day: 4757 10 November 2008 PROCbe6mvn0m W#1eRej% to focus the nation's attention on the importance of reeyeling and closing the loop, businesses, industries, government agencies, nonprofit organizations, and individuals have joined together to celebrate-9merica Recyeles flay and are encouraging their employers, staff, customers, and citizens to pledge to recycle more products starling November 151h; and WtleRe-- §, participating in �Imerica Recyeles 2008 is one way citizens can help raise awareness about the need to reduce waste by reusing, recycling, and buying recycled products; and WfleReliS, state and community leaders need to spread the word about the excellent recycling programs they have established, the growth of markets for reeyelable materials, and the importance of buying recycled products. NOW TtleRe?ORe,1, Timothy M. Kant, as Mayor of the City of 1'airhope by virtue of the authority vested in me do hereby proclaim November 15, 2008, �Imerica Recycles gay, in t'airhope, with the celebration including an-9mnesty gay being held on November 1511 from 10-2 at the City of i airhope Museum. This is a chance for citizens to recycle obsolete electronic equipment, making it a perfect time to dispose of old televisions before the digital transition in February. Timothy M. Kant, Mayor Jennifer Fidler, Public Works Director, addressed the City Council and gave an update on the grease recycling program. Ms. Fidler mentioned you can pick up a jug at the Fairhope Public Library, City Hall, the Nix Center, or at the Public Works building. Mayor Kant presented and Donnie Barrett, Museum Director read the following Proclamation declaring November 15, 2008 as Round Up Day: 4758 10 November 2008 +N'ttir4ape, Alttllttmtt Prortamatton C�� ROUND UP DAY WHEREAS, IN 1894, FAIRHOPE'S TOWN FOUNDER, ERNEST B. GASTON, PROCLAIMED THE FOUNDING OF A MODEL COMMUNITY. WHEREAS, IN 1824, FARHOPE'S FOUNDER ERNEST B. GASTON BAD WE WILL PUT GOOD THEORIES TO WORK' WHEREAS, IN 1584, FAIRHOZS FOUNDER ERNEST B. GASTON SAID T14AT'ON MOBILE BAY, IN SOUTH ALASUM, WE WILL ESTABLISH AN UTOPIAN COMMUNIYP WHEREAS, IN 1894, FAIRHOPE'9 FOUNDER, ERNEST B. GASTON OF—ED,'EN000H TALK IT IS TIME TO PUT WORDS INTO ACTION) LET ALL THOSE WHO ARE SERIOUB,AT HEART, WANTING TO ESTABLISH SUCH AN IDEAL COMMUNITY FOR OUR FAMILIES AND FRIENDS, TO MEET ON THE EASTERN SHORE OF MOBILE SAY ON NOVEMBER 15. 1EEM, TO FOUND THE CITY OF FAIRNOPE, AIABAMA. WE WILL CALL THIS DAY ROUND UP DAY. WHEREAS, IN 2008, OUR CITY CAN BE PROUD TO CELEBRATE ITS SUCCESSFUL HISTORIC FOUNDING. IN BELIEVING WE DO LIVE IN A MODEL COMMUNITY, AN APPROPRIATE DESKINATION FOR SUCH A DAY OF CELEBRATION NEEDS TO BE MADE. WHEREAS, IN 2008, BELIEVING WE AREAS NEAR TO UTOPIAAS MANKIND WAY EVER ACHIEVE, WE WANT TO CELEBRATE MR EB. OASTOKS INSIGHT AND WISDOM THAT LED THE FIRST 28 PEOPLE TO FOUND THE CITY OF FARHOPE ON THE SNORES OF MOBILE BAY. WHERE", ON NOVEMBER 15. 2008, 1, TIMOTHY M. KANT, AS MAYOR PROCLAIM THIS THE FIRSTANNUAL CELEBRATION OF THE FOUNDING OF FARHOPE, AND THIS ANNUAL CELEBRATION OF FAIRHOPE'S UNIQUE HISTORY, UNIQUE PEOPLE AND ABSOLUTE BEAUTY BE FOREVER KNOWN "'ROUND UP DAY" D m4.4 ff %—, ,&"—I. ist my iiond mood Fula m fis aglr+i f OOWItirt mb-NIMPWAMAWCdA1NNa0.1-c1{IN�NN mY ADRl1 Mayor's Comments and Staff Reports: • Mayor Kant addressed the City Council and suggested that Paulette Fedor and John Meyer be considered for the Strategic Planning Committee. He said that the Finance Committee needed to look at the Mediacom franchise. He mentioned that Teddy Faust said that the appraisals for downtown Fairhope were undervalued and taxes will likely go up. However, if you live in the Historic District, you can call the tax assessor and your taxes could be lowered significantly. Council President Quinn stated that the Historic Preservation Committee would look into the tax breaks. Mayor Kant continued with asking if the City Council wants the Golf Course moved into the General Fund or not. He thanked Council President Quinn and Councilmember Mixon 4759 10 November 2008 for pulling off the resolution putting a $500.00 limit on purchase orders. He said this would have probably shut down the City of Fairhope. Mayor Kant said he was concerned about who was in charge. The City Treasurer was told not to write a check for cleaning a ditch in Quail Creek. If you look back 20 years, we have paid for surveys, appraisals, etc. The City agreed to a lot of improvements. Most of these improvements were toward developments so the developers did not charge us. Parklands were to be used for the property and I authorized the cleaning. The $1,500.00 bill to Mr. Dial was being held up. The Mayor and Council have separate duties. The Executive Branch and Legislative Branch are separate. There are some gray issues. Mayor Kant said to hold this bill up is a mistake. • Rose Fogarty, Finance Director, presented the following PowerPoint presentation no action was taken by City Council. Slide 1 CITY OF FAIRHOPE CITY COUNCIL MEETING NOVEMBER 10, 2008 SUMMARY FINANCIAL REPORTS TWELVE MONTHS ENDED 9/30/2008 Gas Fund 12monW 12 merohe YM Sept. Sept Ended Ended Increase 2008 2007 MOM 9130/2007 (Deco..) Revenues $03,121 367,873 7.851,431 7,416,713 63e,718 Cot of Energy 209,161 122,945 4,162,256 3.519,969 842,287 Expenses 210,920 273,262 3,374,541 3,253,004 121,537 Excess Revernres Over (Under) Expenses $2,431 (311436) 31e,634 643,740 General Fund 12 nonths 12 months YTD Sept Sept Ended Ended Incna. 2008 NOT 9130l2001 9r 007 (Decrease) Revernres 3,511,169 2,027,3W 21,250,363 21,285,679 (35,136) Expenses 1,859,664 1,597,013 20,918,430 20,669,503 248,927 Excess Revenues Over (Under) Expenses 1,725,205 630,336 331,913 615,976 Slide 2 Electric Fund 12 months 12 —the YTD Sept Sept Ended Ended Increase 2008 2007 6/30=0 9130/2007 (Decrease) Revenues 1,952.768 1,986.489 17,859,547 16,745,190 1,114,357 CostofEnergy 1.273,290 1.011.215 11,66021 9,11M,259 1,684,062 Expenses 262,673 676,720 5,746.985 5,747,705 (720) Excess Revenues Over (Under) Expenses 416,115 298,556 628,161 1.107,226 Slide 3 Slide 4 4760 10 November 2008 Water Fund 12 month. 12 month. YM Sept. Sept Ended Ended Increase 2008 2007 9/3012008 9I102007 (Deneses) Rsysnue. 722,870 945,986 8,244,119 8,947,146 (803,027) Cast of Energy 52,495 59,920 654,972 643,695 11,277 Expenses 574,779 SOZ651 7,547,813 7,451,270 90,543 Excess Revenues 0— (Under) Expenses 95,596 383,415 41,334 752,181 Slide 5 All Funds 12 mows 12 nwnhs Y7D Sept Sept Ended Ended Increase 2008 2007 9 MWI 91302007 (Decrease) Revenues 6,900,963 5,454,151 56,696,033 55,804,329 $91,705 Expenses 4,671,648 4,408,800 55,591,208 52,629,032 2,961,276 Excess Revenues Over (Under) Expenses 2.229,315 1,045,351 1,104,825 3,174,396 Slide 7 Golf Fund 12 months 12months YM Sept Sept. Ended Ended Increase 2008 2007 91302008 913012007 (Decrease) Revenues 137,335 136,454 1.490,593 1,509,800 (19,207) Expanses 228,067 165,074 1,701,890 1,541,527 157.363 Excess Revenues Over (Under) Expenses (90,732) (28,620) (211,297) (34,727) Slide 6 Council President Quinn asked Ms. Fogarty when she thought we would receive the property taxes. Nancy Wilson, City Treasurer, replied the bills will go out in December and we should receive the bulk of the taxes in March and April. • Councilmember Mixon addressed the City Council and stated it was great to have this many people here tonight. He said six months ago he began reading handouts. He passed out the following document which is just a skeleton outline of as strong council/weak mayor type of government. He mentioned that an attorney for the Alabama League of Municipalities looked over the document and agreed with the interpretations. 4761 10 November 2008 G0�yFundamentals of Municipal Government In Alabama, all municipalities operate under what is known as the Dillon rule. The Dillon rule is a concept that dates back to 1868 and means that all municipalities function at the pleasure of the state legislature. Alabama Code states that in cities of 12,000 or more population which have a mayor -council form of government, the legislative functions of the city must be exercised by a council while the executive functions arc exercised by the mayor, who is not a member of the council. The Alabama state legislature in its wisdom has Icfl to the council the discretion to take the responsibility to be a "strong council" or "not." This means that the grants of power are not effective until the council takes legislative action to set them in motion. Thus, if the council chooses to exercise its powers, it must pass ordinances, resolutions or motions to do so. Some of the powers entrusted to a municipal council, which is the legislative branch ofcity government, include: • Has authority over all legislative aspects of municipal government; • Determine what sort of services the municipality will offer; • Has authority over finance and all properly of the city; • Establishes policies that will be followed in the administration of the city; • Sets tax levels; • Passes ordinances to provide: Safety, preserves health, promotes prosperity, improve morals, comfort and convenience for the citizens; • Make appointments of department heads (by ordinance); • Establish all salaries; • Specify the duties to be performed; • Designate who shall be authorized to sign checks: • Appoints: City Clerk, City Attorney, Police Chief, and'freasurer; • Appoint committees to study the needs of the various departments and make recommendations to the Council; and, • Appoint investigative committees to see if the Council wishes are being carried out; • Keen in mind that neither the Council nor any Council member may direct or supervise in any way the daily task of city employees. Also, remember, individual Council members have no authority other than regular citizens of the municipality. The City Council functions as a body; not as Individuals. Legislative Powers of the Council The council as a body establishes municipal policy, and the mayor is charged with the duty of implementing that policy. For instance, in Attorney General's Opinion 89-00243, the issue was whether the mayor or the council had authority to establish the working conditions of a police dispatcher. 'fhe attorney general concluded that the mayor could require the dispatcher to work at city hall unless the council provided otherwise. 4762 10 November 2008 The question of where the dispatcher performed her duties was a matter of policy, a decision for the council to resolve. Until the council acted, it was the mayor's decision. However, once the council acted, the mayor was required to implement that policy. Another example of the legislative power of the council is found in Attorney General's Opinion 92-00289. It concluded that the council is responsible for establishing policies which will be followed by municipal departments. Department heads may not set policies unless the council has delegated the authority to them. A council may delegate authority to set policy to the mayor, who may authorize department heads to determine policies which their departments will follow. Where the council has not acted. department heads may set informal procedures to follow until the council acts. The Attorney General has ruled that if a city council exercises its powers to appoint officers of the city or town, the appointment would be as "otherwise provided by law." This bill would specify that a mayor would appoint officers unless otherwise provided by state law. Thus, if the council wants to appoint officers, department heads, and/or employees, it must enact a properly drafted ordinance stating such. If the council does not enact ordinances, the mayor has the power to appoint all officers, whose appointment is not otherwise provided for by law. (Section 11-43-81, Code of Alabama, 1975). Mayoral Duties and Authority Some of the responsibilities of the Mayor, who is the executive branch of city government, include: • Acts as figurehead for the City • Oversees day to day operations of the City; • Oversees the municipal employees; • Sees that bills are paid on time; • Makes recommendations to the Council; • Ensures that an annual audit is conducted; • Presents a budget to the council if required; • Has responsibility to see that the officers and employees of the City faithfully execute the laws and policies established by the Council; • Execute municipal contracts; • Appoint members to the Planning Board; • Has veto power over ordinances and resolutions, however, the veto can be overturned by a 2/3 vote of the Council. According to the Handbook for Mayors and Council Members, it is imperative that a harmonious working relationship develops between mayor and the council. It is recommended that the mayor take the initiative to establish a working relationship between the council and the office of the mayor. Councilmember Kingrea stated that he needed to reiterate what Mixon read and my pledge to you is to work for you and move this City forward. We are going to do what we need to do as a Council and the Mayor is going to do what he needs to do. 4763 10 November 2008 Councilmember Stankoski stated he didn't want what is going to happen in the next few months to hinder the City. The day to day business of the City is run by the Mayor. Councilmember Stankoski moved to approve the amendments on The Council Procedures Ordinance which were made at the November 3, 2008, organizational meeting and also made at the November 10, 2008, regular meeting. Seconded by Councilmember Kingrea, motion passed by the following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford. Councilmember Mixon moved for final adoption of Ordinance No. 1371, an ordinance adopting the rules of procedures in all instances for meetings of the City Council as amended. (Introduced at the November 3, 2008, organizational meeting). Councilmember Ford said the City Council is cutting the Mayor out of everything. Council President Quinn replied this should have happened four years ago. Seconded by Councilmember Stankoski, motion for final adoption passed by the following votes: AYE - Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford. Councilmember Stankoski introduced in writing Ordinance No. 1372, an ordinance repealing Sections 21-1, 21-2, and 21-3 of the City of Fairhope Code of Ordinances. Councilmember Ford stated this ordinance is saying the Mayor can't be the Utility Superintendent. Councilmember Kingrea agreed with Councilmember Ford. City Attorney Wynne commented that the ordinance is not saying the Mayor cannot be the Utility Superintendent; the City Council is only repealing the ordinance. In order to take immediate action, Councilmember Mixon moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Stankoski then moved for final adoption of Ordinance No. 1372. Seconded by Councilmember Mixon, motion for final adoption passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Mixon introduced in writing an ordinance for election and appointment of City Officers and City Council ag appointing authority. Councilmember Ford stated we are taking on an awful lot with this ordinance. City Attorney Wynne said that employees have the right to due process and if violated, the persons in charge can be sued as a Body and individually. Councilmember Mixon stated this is adding one more layer of insulation for termination. Councilmember Ford said he would rather have one boss instead of six and the Mayor is over the employees, but can't hire and fire them. Councilmember Kingrea told Councilmember Ford he understood what the concern is, but didn't understand Ford's take on the issue at hand. Councilmember Kingrea continued, an employee will go to the Personnel Board, have due process, and then go to court. There will be no other boss, but Tim Kant for the next four years. The City Council can hold informational 4764 10 November 2008 meetings with employees only. Councilmember Stankoski stated we only have power as a unit. Council President Quinn asked if there was any need to motion for immediate consideration with knowing one vote would be no. This ordinance will layover for final adoption at the next regular City Council meeting. Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution setting certain 2008 — 2009 Holidays. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1470-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE FOLLOWING 2008 - 2009 HOLIDAYS WILL BE OBSERVED BY ALL CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES: vtu � DAK' - T,4d4•y, Alov"# 411, 200$ Tl. -4$91 ,41 - Tic 449� . �r f IV-w"* 44 n '� 2$ eta� - T4,1,U� 9� f , Na-&, 25 9� 26 Nao Y""4 D.•t - T4,44y, Jam►-4.,.y 1, 2001 H44L . 4&U4 ICc 1, A. - M.,4f, J"-my 11, 2001 M,,a,,:At D' y - M May 2S, 2001 DI-71 - fly, J-tq� 3, 2001 W., D"q' - M,,44y,, s4� 7, 2001 DULY ADOPTED THIS IOTH DAY OF NOVEMBER, 2008. Attest Lis A. a ks, City Clerk 4765 10 November 2008 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution of the City of Fairhope expressing support for Act 2008-391 of the 2008 Regular Session. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. RESOLUTION NO. 1471-08 RESOLUTION OF THE CITY OF FAIRHOPE, ALABAMA, EXPRESSING SUPPORT FOR ACT 2008-391 OF THE 2008 REGULAR SESSION WHEREAS, In the 2008 Regular Session, the Alabama Legislature enacted Act 2008-391, the Alabama Coastal Captive Insurance Company Act, which amended Section 27-31B-3, Code of Alabama 1975, and added Chapter 3 1 C to Title 27, Code of Alabama 1975, to allow captive insurance companies to provide homeowners insurance coverage, which was previously prohibited by Section 27-31B-3; now therefore, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That we hereby express our approval and support for Act 2008-391, and we urge the prompt formation of Alabama Coastal Captive Insurance Companies to provide homeowners insurance coverage in gulf front, beach, seacoast areas of Alabama. Adopted unanimously on the 1 Oth day of November, 2008 Attest: (�s nks, City Iffler Councilmember Mixon introduced in writing, and moved for the adoption of the following resolution, a resolution requesting that any hiring of Professional Services such as Engineers, Attorneys, Architects, etc., which includes any contracts, pending contracts, and agreements, must be submitted to the City Council for approval. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 4766 10 November 2008 RESOLUTION NO. 1472-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that any hiring of Professional Services such as Engineers, Attorneys, Architects, etc., which includes any Contracts, Pending Contracts, and Agreements, must be submitted to the City Council for approval. Adopted on this 10th day of November, 2008 Attest: isa "anks,City Council President Quinn reminded the City Council that the Strategic Planning Committee vacancies needed to be filled. Councilmember Ford said he pulled Jim Nix from the list, so he wouldn't be embarrassed. Council President Quinn read the names to be considered Louis Zadnichek, Phil Dyson, Betsy Hunter, Bob Mannich, Harvey Joanning, John Brown, Pam Caudill, Paulette Fedor, John Meyer, and Dianne Thomas. Councilmember Mixon moved for the appointment of Harvey Joanning. Seconded by Kingrea, motion passed by the following votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — None. ABSTAIN — Ford. Councilmember Stankoski moved to table the remaining three appointments until the next City Council meeting. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Council President Quinn announced that Councilmember Kingrea will look into the appointments for City Attorney, City Judge, and City Prosecutor, Councilmember Stankoski will look into the appointment for Chief of Police, Councilmember Mixon will look into the appointment for City Treasurer, and she will look into the appointment for City Clerk, and all will report back to the City Council on November 24, 2008. 4767 10 November 2008 Council President Quinn reported that she had picked the members of the Growth and Sustainability Group: Jean Wilson, Randy Branch, Pete Gleszer, Alan Hall, Jim Horner, Chuck Zunk, and Gregg Mims. Councilmember Mixon moved to approve the committee members selected by Council President Quinn. Seconded by Stankoski, motion passed unanimously by voice vote. Councilmember Mixon moved to grant the request of the Gas Department requesting permission to replace the defective gas odorizer equipment and installation. Dan Ames, Purchasing Manager, stated that this equipment is required by the Alabama Department of Transportation. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Ford moved to grant the request of the City of Fairhope requesting permission to install the electric lines necessary to provide proper service at Barnwell Field; these are aid -to -construction costs for Baldwin County EMC for Barnwell Field power upgrades. Councilmember Mixon stated he was concerned with all of the money going into the Recreation Board. He said this is a luxury we cannot afford. Councilmember Ford said I am all for the kids. City Treasurer Nancy Wilson told the City Council that this is a budget item from the GOW and allocated for that project. After further discussion, Councilmember Kingrea seconded the motion to grant the request for aid -to -construction costs for Barnwell Field, motion passed unanimously by voice vote. Councilmember Mixon addressed the City Council and reported on the Finance Committee meeting held on November 5, 2008. He stated that most City department heads and the Mayor attended the meeting. Each department head gave an overview of his or her area of responsibility and discussed the estimated revenue that would be generated by their department for FY 2009. It was stressed that all departments seek ways to reduce spending as much as possible. For example: 1) Bobby Hall, the head of Golf operations, brought up the fact that the use of credit cards cost the City of Fairhope over $23,000.00 last year. We are looking into installing an ATM machine at no cost to the City or to have a surcharge for each use of a credit card. 2) Scott Sligh, head of the electrical department, saved over $20,000.00 by requiring Mediacom and AT&T to install their own lines. There is a lot of overtime putting up Christmas lights. When possible, he gives compensatory time off rather than pay overtime. Councilmember Mixon stated that the next Finance Committee meeting will be held the first week of December. The time and date will be announced later. ME 10 November 2008 Councilmember Mixon moved to put a temporary freeze on hiring and promotions for all City positions for 60 days unless approved by the City Council. Councilmember Ford stated this would cripple the City and hinder departments. Seconded by Councilmember Stankoski, motion passed by the following votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford. Councilmember Stankoski moved to pay bills as presented. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. City Attorney Marion E. Wynne read the following memorandum to enter into an Executive Session for approximately 30 minutes: November 10. 2008 U—ft M. Kant. C.M.O. A41,v Cia W. Jotaron. C.M.C. q,— Council President Quinn Nvey K. N'Uwn. CPA City Councilmembers - Drw•r C.."ANstlr, c.wcnn.—b—y As City Attorney Marion E. Wynne, 1 hereby request the Fairhope City Council go into executive session based on Section 36-25A-7(a)(3) to discuss the legal MWhW A. Fad. A.C.M.o. ramifications of and legal options for a controversy not yet being litigated but Raavi C. cn6a. C.M.O. imminently likely to be litigated if the governmental body pursues a proposed liabbN W. Qulnn. A.C.M.o. course of action. n.-I R. StankmY City Attorney Wynne does hereby declare that the City Council of the City of Fairhope rise from a Regular City Council meeting, on Monday, November 10, 2008, to go into Executive Session. The City Council shall be in Executive Session for approximately M•R w 4,S minutes/hour(s). At the end of the Executive Session the City Council shall return to the City Council Chambers to resume the Regular City Council meeting. The time is 6 S fl - City Council exits the dais to go into Executive Session. Ak Debbie Quinn, City Council resident anon E. W e, City Attorney lei pate S-c n Stmi P.O. D,— 429 Atrhep. AAbama 36533 251-928-2136 251.'M-6776 F- wwm�oofs4lwps corn 4769 10 November 2008 Councilmember Kingrea moved to go in to Executive Session. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. At 6:58 p.m. All Councilmembers and the City Attorney exited the dais. At 7:28 p.m. All Councilmembers and the City Attorney returned to the dais. Councilmember Stankoski moved to authorize payment of the $1,540.00 bill. Seconded by Kingrea, motion passed unanimously by voice vote. There being no further business to come before the City Council, the -meeting was duly adjourned at 7:29 p.m. isa 4Ak'nts' City Clerk