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HomeMy WebLinkAbout02-26-2009 Regular Meeting4920 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 26 February 2009. 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 and made the following statement: There are a couple of things I'd like to say prior to starting this meeting. Two weeks ago several things occurred that I hope will NOT happen again: 1. There were comments made in the back of the room that were totally inappropriate and out of order. They were said in low enough tones that we, on the dais, did not hear, but everyone around them did. These types of comments will not be tolerated again. We are all adults. Respect for each other and the governmental process are paramount. If this should happen again, there are two police officers in the rear of the room to escort you out of the building. 2. During the Public Participation part of the agenda two weeks ago, comments were made that were derogatory to personnel, professional staff and to the council. The same applies to you as to comments made in the rear of the room at the last meeting. You will be gaveled down and asked to leave the podium. No one has the right to talk to anyone else in that manner. 3. As a new procedure, I will ask that you only sign up to address the council if you have something new to add to comments made at any prior meetings. If there is nothing new to add, we respectfully request that you not come back to the podium to repeat yourself. We have minutes and we do read them. We do understand your point of view along with the rest of the public, but do not need to be constantly reminded of it. It is a privilege for us to be here as your council, but it is also a privilege for you to speak and not a right. The invocation was given by Dr. Tim Patrick, Pastor of Faith Baptist Church, and the Pledge of Allegiance was recited. Councilmember Mixon moved to approve minutes of the February 9, 2009, regular meeting as amended. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4921 26 February 2009 Sherry Sullivan made the following announcements: • Celebrate Arbor Day in Fairhope on Saturday, February 28, 2009, from 9:00 a.m. to noon at Faulkner State Community College Campus. There will be beautification Awards, free seedlings & displays. • Beginning March 2, 2009 the AMEA will be conducting customer surveys. Council President Quinn announced that they needed to amend the agenda with the following: pulled items 4. A. 2) and 3), at the request of Paul Ripp pull his item from Public Participation, and add on Jason Colee regarding Alltel Wireless and an Executive Session regarding pending litigation. Councilmember Stankoski moved to address the above mentioned items not on the printed agenda. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Council President Quinn announced Item A. 1) is minutes from Reports of Standing Committees: A. Finance Committees Review minutes from meeting held January 5, 2009 Councilmember Ford addressed the City Council and stated that staff has asked us to hold off on changing to a one -day garbage pickup until after the Arts and Crafts Festival. Councilmember Stankoski moved for the approval to allow the City of Fairhope to present application for grant assistance to the Alabama Department of Environmental Management for recycling grant. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Council President Quinn announced Items A, C, D, E, and F are minutes and B are Financials from Special Boards and Commissions being presented and reviewed by the City Council: A. Planning & Zoning Commission Review minutes from meeting held January 5, 2009 B. Fairhope Airport Authority Review Financials C. Library Board Review minutes from meeting held November 24, 2008 Review minutes from meeting held January 21, 2009 D. Recycling Committee Review minutes from meeting held February 5, 2009 4922 26 February 2009 E. Historic Preservation Committee Review minutes from meeting held January 8, 2009 F. Strategic Planning Committee Growth & Sustainability Study Group Review minutes from meeting held January 29, 2009 Councilmember Mixon moved to appoint Howard Hadley and to reappoint Daniel Stankoski to Fairhope Airport Authority. Mr. Hadley's term will end March 2013 and Councilmember Stankoski's term will end March 2015. Mayor Kant stated that Mr. Hadley was a new citizen of Fairhope and has around 80 employees at Segers Aero Corporation. Seconded by Councilmember Ford, motion passed by the following voice votes: AYE — Quinn, Mixon, Ford, and Kingrea. NAY — None. ABSTAIN — Stankoski. Chuck Zunk, Chairman of the Fairhope Airport Authority, addressed the City Council and stated the amount of debt service varies. He stated that the Fairhope Airport Authority came before the City Council and three times reduced their appropriation. Based on the current estimates, there may be a $50,000 reduction in their appropriation from the City which can be lowered over the rest of the fiscal year. The rate could go up any time. Mr. Zunk said he would work with City Treasurer Nancy Wilson for the reduction. Mayor Kant addressed the City Council and stated back when we were looking at the budget last year, I asked about the Cigarette Tax. Bay Minette has their portion sent directly to them. We agreed that the money would be sent to the Mobile group to start 501(3)(c) and raise money for the Boys and Girls Club, which is roughly $27,000 per year. After further discussion, Councilmember Mixon moved to authorize Mayor Kant to send correspondence to the Baldwin County Commission requesting that the portion of the Fairhope's Cigarette Tax money, earmarked for The Rotary Boys & Girls Club in Fairhope, Alabama, be sent to the City of Fairhope in lieu of the Boys & Girls Clubs of South Alabama in Mobile. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Councilmember Stankoski introduced in writing Ordinance No. 1377, an ordinance amending Ordinance No. 1255, Personnel Rules, Policies and Procedures Ordinance by changing Part XI. Personnel Board, Sections 1 and 2. In order to take immediate action, Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Mixon, motion for immediate consideration passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Kingrea then moved for final adoption of Ordinance No. 1377. Seconded by Councilmember Mixon, motion for final adoption passed unanimously by the following votes: AYE - Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY -None. 4923 26 February 2009 Councilmember Kingrea introduced in writing an ordinance establishing the position of City Administrator and defining the duties, authority and liabilities of said Administrator. Councilmember Mixon addressed the City Council and read the following: According to the Alabama State Legislature, a city council is charged with the responsibility of determining the policies to be followed in the administration of city government. This involves developing an overall vision for the city and for providing the mechanisms to accomplish this vision. Thus, since we want Fairhope to operate under the most efficient, effective, and responsible government possible in this time when city govemment is becoming increasingly complex, it is our responsibility to determine how best to achieve this goal. High quality -of -life communities don't just happen. They need a lot of planning and professional management. A review of the literature on city governance of cities with a population over 12,000 indicates that the most successful and thriving cities are those who opted to hire an educated, highly trained professional to carry out the policies established by their elected officials, It also shows that this progressive -inspired city management system is a common step taken when cities expand and was designed to help remove "politics" from municipal administration. According to ICMA, the leading organization for information on professional local government management, city administrators bring the management skills needed today to address the increasing complex needs of a growing city. In the past, most administrators were recruited from the ranks of those charged with building the community's infrastructure, such as roads, bridges, and utility systems. But today's administrators must also possess the management "know-how" to build and maintain strong communities and ensure the continuous improvement of community services. Most hold degrees in public administration, business, or other related field as the job typically includes: administration of personnel, management of public funds, implementation of programs and policies, and coordination of service delivery. Thus, professional administrators bring to the communities they serve technical knowledge and experience, academic training, management expertise, and a dedication and commitment to public service. It cost one million dollars a week to run the City of Fairhope which has a population of 16,000. We have 300 employees, operate one of the largest recreation departments of any city in southern Alabama which includes a beach and public pier, own and manage 3 utility departments, a golf course, a senior services center, a public library, as well as provide police protection, street maintenance, and sanitation service. We have become a complex organization and as such, we now need a professional administrator to coordinate the daily operations of the city. This will leave more time for the mayor to focus on other city responsibilities such as working with county, state, and federal legislatures on behalf of the city, forging new relationships with constituents, attending committee meetings (i.e., long range & strategic planning, finance & budget, city growth & annexation, & recreation just to name a few), as well as attending civic and social functions, and working with other elected officials as they develop policies. 4924 26 February 2009 I believe that in order for the City of Fairhope to continue to have a high -quality of life, it is time to hire a city administrator. This individual will work under the direction and supervision of the Mayor, liaison with the City Council and be responsible for proper administration and coordination of the business affairs of the city, pursuant to the statues of the State of Alabama. Councilmember Kingrea stated that the City Administrator works with the Mayor. He said we have the money in our budget and we worked with Mayor Kant on the ordinance. 4925 26 February 2009 Councilmember Ford said this violates our moratorium on hiring and we had no discussion. Councilmember Ford asked; what is the Mayor going to do? He said a middle man is going to do his job and we are way ahead of ourselves. He said we are trying to act like a big city and it will be a decision we will regret. He continued we have a good thing going on here and I do not think I agreed on hiring and firing all Department Heads. He said I have a problem with micro managing. Council President Quinn said in the long run this would be great. The City Administrator will be here on a day-to-day basis to save us money on the long run. If we do not pass the ordinance, we are not looking toward the future. Councilmember Mixon stated the City is growing and we have no pay scale or an organizational chart with all employees on it. "I have high respect for the Mayor and what he has done. If the Mayor gets sick, who would run the City?" He said the Mayor is part-time and we need someone under contract. Councilmember Stankoski said my heart says to oppose this ordinance. We need to be proactive and must look at the future. He said I will be for this ordinance. In order to take immediate action Councilmember Mixon moved for immediate consideration. Seconded by Councilmember Kingrea, motion for immediate consideration failed for lack of a unanimous vote. This ordinance will layover for final adoption at the next regular City Council meeting. Councilmember Stankoski introduced in writing an ordinance repealing Ordinance No. 1374 and to establish the City Council as the appointing authority for designated employment positions in the City of Fairhope. Councilmember Ford said we have a good City and have not jumped on things. He said now we don't think things out and politics came into it when the City Council became the hiring authority. He mentioned years ago two employees sued the City Council personally which caused several of the Councilmembers to quit. This was over the Library deal project. This reminds me of "Chicken Little." Councilmember Mixon stated that the City Council has worked closely with the Mayor over the last four months. He said we do not need to be stagnant and need to move on. Councilmember Kingrea reiterated they have worked with the Mayor. He said based on the Code of Alabama when you reach a certain population level, the Council and Mayor arrangement changes, and we need to get out of the way. He said the Code of Alabama states we are the responsible party and I will be responsible. 4926 26 February 2009 Councilmember Ford said it gives you the authority to do this if you want the authority. He said we don't have to take that authority and the perception is payback time. Council President Quinn stated if we don't pass this ordinance the old ordinance would still be in place; Ordinance No. 1374. In order to take immediate action Councilmember Mixon moved for immediate consideration. Seconded by Councilmember Kingrea, motion for immediate consideration failed for lack of a unanimous vote. This ordinance will layover for final adoption at the next regular City Council meeting. City Council reviewed an application for a Restaurant Liquor License by Xian Chu Ou, Daruma by the Bay, Inc. d/b/a Master Joe's located at 21 N. Section Street, Fairhope, Alabama. Councilmember Kingrea moved to approve the issuance of the license. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. City Council reviewed an application for a Wine On/On Premises License by Christine Simpson, Glisson, Simpson LLC d/b/a Mr. Chuck's Wine Cellar located at 22530 U. S. Highway 98, Unit 210, Fairhope, Alabama. Councilmember Mixon moved to approve the issuance of the license. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 4927 26 February 2009 CIYoi"O AM wTMURIOMWWAMMMTO wwooldliMoHYMUMaM0.1{AMK11011ME1WOMt Df M onwool." T.R—, onorm ME ¢©a�■mn��■o■oa ; noff M Inomm WORM Inuffm Ilmom om �------- • '� Gmmwm --_----- ; 5 m a�asa■■oa■a�■m� ,• t roffn 26 February 2009 inlim Im norm onlim ���������■■■�■�� , ram. 4929 26 February 2009 EVALUATION Sam T. MANr.fmi K{CM EsnMATEO fml6 PNSYA, 07MNR0 ]]LMNM CDR Im IFASEWST BnNARO IMADME]m W11 IWC.MN AB{BUSNESSSYSTEM6 T I Thse b{N ."I WO MA i.v S7.W.2 ANStM.EBemTEM6 T 1 Thle .{.w TMm N R1N PUPA.ENmTEM. !TmM TNee Im .mR INN. A.S3 NMIESSSY.r¢q T Th. 3 .mN M 1 m 3 N M Mm BFArEYOFFICE BOLVTMN! T i Thee UMW .AN/ .Si I f.51 BERNEY OFFICESOIVDMM T 1 ihNS r I UI{I lW Mm 1 SI RW.S3 BEANEY OFFCE SOEVIIDNB T Tl.ee year Om73 lA N1.56 73 1 A.17 WRN DFFGEBDCV S T Thee 7 W N 0..07/ 1AWS {Ii.M .11.1E R OTPYPRODWTSCO~ T 1 Th. 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Wbkkdtl DeeY I..W q Fndl.i{ Mw.p Councilmember Mixon moved to accept the low bid of ABS Business Systems, provided all specifications are met, for a three year lease on (4) multi- function network devices (Type 1 copiers) and/or the low bid of Copy Products Company, provided all specifications are met, for a three year lease on (4) multi- function network devices (Type 2 copiers). Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 4930 26 February 2009 Jason Colee, CIS Manager, addressed the City Council regarding the cell phone RFP No. 029-08 which was discussed at a previous meeting this year and the City Council told Mr. Colee to gather more information and bring back with the results. Based on the RFP results, Mr. Colee is requesting that the City Council authorize Mayor Kant to execute a contract with Alltel Wireless consolidating all of our cell phone services and to be our wireless provider under the technical specifications outlined in RFP 029-08. After further discussion, Councilmember Mixon moved to grant the request of Mr. Colee requesting authorization for Mayor Kant to execute a contract with Alltel Wireless as set out in the above request. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Joe Overstreet, 712 Fairhope Avenue, addressed the City Council requesting that the City Council study and institute some kind of speed calming device (speed bumps) on Fairhope Avenue on the "S" curves from Greeno Road past Ingleside where the road straightens. He presented a petition of 54 neighbors and said everyone thanked him. Council President Quinn said these requests go to the Police Department for a traffic study and then comes back to the Council. Councilmember Kingrea stated there are two studies going on now, but would be able to address this request after the Arts and Crafts Festival. Councilmember Stankoski mentioned that when the Neel Schaffer Study was done this street was looked at and a copy of the study in at the Fairhope Public Library. Diana Snow, Ph.D. addressed the City Council requesting for permission to put up a big sign to show the level of funds being raised for the Dog Park. She said it would be like a thermometer, but shaped like a bone. She stated they were having a terrible time raising money for a fence. Dr. Snow mentioned she had spoken with Mayor Kant and Council President Quinn regarding the sign. Council President Quinn said for Dr. Snow to work with Councilmember Ford, Jennifer Fidler, and Sherry Sullivan to decide where you would like to place the sign. Mayor Kant mentioned that he suggested the corner at the Library. Dr. Snow said they thought about asking people to donate materials or used chain link fencing for the Dog Park. Terri Somme, author of "The Dogs of Fairhope," addressed the City Council and suggested that the City of Fairhope enter into The Next DogTown USA for 2009 contest. She said Dog Fancy Magazine is looking for the next DogTown USA. Councilmember Mixon said he just wanted to thank the City employees for their help with Mardi Gras and for working on keeping down the overtime. Councilmember Stankoski agreed with Councilmember Mixon and then announced that Barry Fulford and Scott Sligh, employees of the City, received letters of appreciation from citizens. 4931 26 February 2009 At the request of the City Attorney, Marion E. Wynne, the City Council will rise from the meeting to go into Executive Session based on Section 36-25A-7(a)(3) to discuss pending litigation and possible settlement options regarding said pending litigation. The approximate time to be in Executive Session is 30 minutes. Councilmember Mixon moved to go into Executive Session. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Exited the dais at 7:02 p.m. Returned at 7:45 p.m. Councilmember Kingrea moved to authorize Mayor Kant and the City Council to continue with settlement discussions. Seconded by Councilmember Mixon, motion passed unanimously by voice vote. Calvin Hunt, citizen of Fairhope, addressed the City Council regarding the park at Young Street. He mentioned the drains being clogged up on Melvin Lane. He said Fairhope is lily white and No Hope has dilapidated buildings. We all know how powerful the vote is. He said you respect dogs more than you do children. The County is responsible and the City is responsible. In March 1970, the park had a pool, but was filled in instead of repairing it. Mr. Hunt stated "I am not a racist, but a realist. It is time for everyone to be accountable. There is nothing done for the children down there." Council President Quinn told Mr. Hunt that the Planning Department had tried to contact you and asked if his telephone number changed. The Mayor and Planning Department will work with you on this issue. Councilmember Ford mentioned there were title issues with the property in that part of the City. Willie Williams, citizen of Fairhope, addressed the City Council and stated we are getting people together for annexing and moving forward. He mentioned we all need a meeting of the minds. He stated that we have problems with The Boys and Girls Club. There is not program and money was cut off. Councilmember Ford replied that he originally brought the Boys and Girls Club to Fairhope. He said an agreement was made and gave the group of five men a time limit to take charge. Councilmember Ford said The Rotary Club is backing the program. Mr. Williams stated that crime is down in that area. We need a program for the Boys and Girls Club. He said I want to see a business plan. Mr. Williams stated it is a process; we need to get input, and move forward. He said when I was at the Boys and Girls Club we stressed programs, took kids on a field trip not just shooting basketball. He said the citizens want to know zoning and costs and who wants in out. 4932 26 February 2009 Council President Quinn stated you need to work with the Mayor and the Planning Department. Councilmember Mixon said we want to work with you and do what we can. Councilmember Mixon moved to adjourn the meeting. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:04 p.m. De bie W. Quinn, Council President Lisa A. nks, Cit Clerk