HomeMy WebLinkAbout06-08-2009 Regular Meeting1•:
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
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
Monday, 8 June 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. The invocation was given by City Attorney Marion E. Wynne and the Pledge
of Allegiance was recited. Councilmember Stankoski read two changes for the May
26, 2009 minutes. Councilmember Stankoski then moved to approve minutes of the
26 May 2009, regular meeting with the amendments as read and the 26 May 2009,
Work Session. Seconded by Councilmember Kingrea, motion passed unanimously
by voice vote.
Councilmember Stankoski moved to add the Tree Committee to the agenda
under Reports of Special Boards and Commission. Seconded by Councilmember
Mixon, motion passed unanimously by voice vote.
Mike Maxwell, Eastern Shore Chamber Commerce, addressed the City
Council and gave an update on the Local Business Research Task Force and the 2009
Survey. He mentioned one of the most important parts of the results is the Investment
Forecast Report. Phillip Webb, Chair of the Local Business Research Task Force
summarized briefly the 2009 Survey results gave the City Council the synopsis.
Council President Quinn stated that at the last City Council meeting a
resolution was passed directing Mayor Kant to furnish information on the Water and
Sewer System. Then, she asked Mayor Kant the status of receiving the information.
Mayor Kant replied that he was still working on the numbers with staff.
Councilmember Stankoski stated he had received several citizen complaints
on noise coming from pubs, bars, etc. He said maybe we should put a moratorium on
these establishments. Councilmember Stankoski mentioned in a previous meeting he
did not want a Dauphin Street in downtown Fairhope and wants to keep it family
oriented. Council President Quinn asked Gregg Mims, Sherry Sullivan, and Chief
Sanders to meet with Councilmember Stankoski to look at this issue and the City's
noise ordinance. Mayor Kant said he had asked City Attorney Wynne to look at
outside music ordinances because most of the complaints were pertaining to this
issue.
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8 June 2009
Council President Quinn announced that Item 5. A., C., and D. are minutes
from Special Boards and Commissions being presented and reviewed by the City
Council:
A. Fairhope Airport Authority
Review minutes from meeting held May 19, 2009
C. Personnel Board
Review minutes from meeting held May 18, 2009
D. Chief of Police Search Committee
Review minutes from meeting held April 7, 2009
Review minutes from meeting held May 5, 2009
Councilmember Kingrea moved to re -appoint Ginny Stimpson to the Library
Board. This term will end June 2013. Seconded by Councilmember Kingrea, motion
passed unanimously by voice vote.
Councilmember Kingrea asked why the City was charging the Library for changing
out lights. Mayor Kant said he would check into this invoice and report back to the
City Council. Councilmember Stankoski asked who maintains the building. Mayor
Kant replied the City maintains it.
Council President Quinn stated that the Tree Committee and Mayor Kant had
been sending letters back and forth. However, she asked for Mayor Kant, Gregg
Mims, and Jennifer Fidler to meet together to answer the questions of the Tree
Committee.
Council President Quinn mentioned that Mayor Kant had asked Hand Arendall to do
the background checks on the six Chief of Police candidates instead of in-house
through our Human Resources (HR) Department. Councilmember Kingrea said he
had spoke with the Mayor and told him Rhonda White in our HR Department was
capable of doing the background checks. Councilmember Kingrea went on to say he
spoke with Ms. White and was told she has plenty of time to complete the checks.
Mayor Kant responded and said he had asked an outside company to perform the
checks because the HR Department had plenty to do and this would be one less thing
for Ms. White.
Councilmember Kingrea moved to not retain an outside company and have
Rhonda White run background checks on the candidates. Seconded by
Councilmember Mixon, motion passed by the following votes: AYE — Quinn,
Stankoski, Mixon, and Kingrea. NAY - Ford.
Councilmember Ford asked about the costs of the background checks. Mayor Kant
said "with or without your consent, I will still do what is right for the City."
Councilmember Mixon said a telephone call to investigate an issue is not violating
our duties. Councilmember Stankoski asked Ms. White would she be able to get all
5070
8 June 2009
the information by the 20th of June. Ms. White replied yes. Council President Quinn
asked Mayor Kant where the money would come from to pay for the background
checks. Mayor Kant replied from the General Operating Fund; "I can spend any of
the money in the $52 million budget that you approved however I please. I was
elected to run this city, and that's what I'm going to do is run this city."
Councilmember Kingrea told Mayor Kant; "I heard your style was to divide and
conquer and if you want to put it on a war footing, I am not going to back down. I
would like to work with you and we will make the City work."
Councilmember Mixon moved to publish the position for City Administrator
with a salary range from $89,500 to $110,000 and the duties defined per City
Ordinance No. 1378 adopted on March 9, 2009. Seconded by Councilmember
Stankoski, motion passed by the following votes: AYE — Quinn, Stankoski, Mixon,
and Kingrea. NAY - Ford.
Mayor Kant stated he did not need any help at this time and the position would not be
posted. Council President Quinn said the City Council can direct the department to
do this because we hire and fire this position. Mayor Kant replied the City Council
cannot direct any staff or department.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution that the City Council appoints Councilmember Rick
Kingrea as the Council's Legal Liaison. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
RESOLUTION NO. 1534-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Council appoints Councilmember Rick Kingrea as the Council's
Legal Liaison, whereby he shall be briefed on all pending cases in which the City of Fairhope
is involved, provided with contracts and/or agreements that have been made with all legal
firms with which the City does business, and will review all attorney bills that are presented
to the City of Fairhope.
Adopted on this 8th day of June, 2009
Attest:
isa A. anks, ity Clerk
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8 June 2009
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant and Nancy
Wilson, Treasurer, are hereby authorized and directed to execute, for and on behalf of
the City, the acceptance approval of Proposal from BBVA Compass Bank for the
Utilities line of credit. Councilmember Mixon stated we have a balanced budget and
have to borrow money. Councilmember Stankoski stated historically we have done
this previously. Ms. Wilson said the low months are June, July, and August with a
lag time of about two months for the revenue. She said we will need this line of
credit this year and hope we won't have to use next year. Council President Quinn
asked; why we did not go out to all the banks in Fairhope. Ms. Wilson replied she
had picked four at her discretion. After further discussion, Councilmember Stankoski
seconded the motion for the following resolution, motion passed unanimously by
voice vote.
RESOLUTION NO: 1535-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Timothy M. Kant and Nancy Wilson, Treasurer, are hereby
authorized and directed to execute, for and on behalf of the City, the acceptance and
approval of Proposal from BBVA Compass Bank for the Utilities' line of credit in the
amount of Two Million Dollars ($2,000,000.00) for available assistance with
significant power costs during the summer months.
Adopted on this 8th day of June, 2009
Attest:
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Lisa A. an s, 6ty Clerk
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution that Mayor Timothy M. Kant is hereby authorized
to execute an extension of the contract dated July 14, 2007 for debris removal and
disposal services, between the City of Fairhope and Pittman Tractor Company, Inc.
Seconded by Councilmember Kingrea, motion passed unanimously by voice vote.
5072
8 June 2009
RESOLUTION NO. 1536-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute an extension of the contract dated July 14, 2007 for debris removal and
disposal services, between the City of Fairhope and Pittman Tractor Company, Inc.
This contract will be extended for one (1) year, which will begin immediately upon
the expiration of the original time period and will end on July 14, 2010.
DULY ADOPTED THIS 8TH DAY OF JUNE, 2009
Attest:
L sa A. anks, City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to award Bid for Wood Utility Poles for the
Electric Department (Bid Number 013-09). Seconded by Councilmember Kingrea,
motion passed unanimously by voice vote. This purchase will be funded by the
Electric Operating Funds.
5073
8 June 2009
RESOLUTION NO. 1537-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for Wood Utility Poles for
the Electric Department (Bid Number 013-09) at 555 South Section Street in the City of
Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as follows:
Please see attached Bid Tabulation for Wood Utility Poles
for the Electric Department
[3] After evaluating the bid proposals with the required bid specifications, Thomasson
Lumber, Inc., with the total bid proposal of $24,226.00, is now awarded the bid Wood Utility
Poles for the Electric Department.
Adopted on this 8th d�!y of June, 2009
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5074
8 June 2009
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Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution to award Bid for Underground Primary
Distribution Conductors for the Electric Department (Bid Number 012-09).
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
This purchase will be funded by the Electric Operating Funds.
5075
8 June 2009
RESOLUTION NO. 1538-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for Underground Primary
Distribution Conductors for the Electric Department (Bid Number 012-09) at 555 South
Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as follows:
Please see attached Bid Tabulation for Underground Primary
Distribution Conductors for the Electric Department
[3] After evaluating the bid proposals with the required bid specifications, Craft Turf Farms,
with the total bid proposal of $1.83 per Linear Foot, is now awarded the bid Underground
Primary Distribution Conductors for the Electric Department
Adopted on this 8th d4y of June, 2009
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Lisa A. anks, City Clerk
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5076
8 June 2009
Councilmember Kingrea questioned if the work was already completed on the
sewer force main regarding the Thompson Engineering Contract. Mayor Kant replied
the preliminary work was done and getting the permits. Dan McCrory, Water &
Sewer Supervisor stated he had already started the work. Councilmember Ford stated
the City acted properly with beginning the work. Councilmember Kingrea said he
would like get more information on this job before approving the contract.
After further discussion, Councilmember Kingrea moved to table the resolution to
authorize Mayor Timothy M. Kant to execute an Agreement for Engineering Services
with Thompson Engineering for extension of Sewer Force Main (Project Name
Highway 98 and Highway 181 F.M.) until the June 22, 2009 regular City Council
meeting. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
Councilmember Kingrea moved to table the ordinance to amend Zoning
Ordinance No. 1253, requesting to rezone the property of Thomas Toombs of Black
Angus Development, LLC from R-2 Medium Density Single Family Residential to
PUD Planned Unit Development. This property known as Dogwood Subdivision is
located on the northeast corner of Valley Street and Middle Street (Introduced at the
May 26, 2009 City Council Meeting) until the June 22, 2009 regular City Council
meeting. Councilmember Kingrea mentioned he wanted more time to review the
documents. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
Councilmember Mixon moved to table the ordinance to amend and add to
Article VI, Garbage and Trash, Sections 21-71 and 21-72, Fairhope Code of
Ordinances (Introduced at the May 26, 2009 City Council Meeting) until the June 22,
2009 regular City Council meeting. Councilmember Mixon said the City Council
needs to know how we will charge citizens, what are you going to charge, do we need
to switch to larger cans, when will this happen, etc. Jennifer Fidler, Public Works
Director, replied it could be pay-as-you-go or whatever the Council chooses and
August 1, 2009 would be a good starting date. Councilmember Stankoski asked Ms.
Fidler; what will it save. Ms. Fidler replied approximately $250,000 and mentioned
she had already received numerous calls for larger cans. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
Councilmember Mixon moved for final adoption of Ordinance No. 1390, an
ordinance to amend and add to Article VI, Garbage and Trash, Sections 21-70 and
21-73, Fairhope Code of Ordinances. (Introduced at the May 26, 2009 City Council
Meeting). Seconded by Councilmember Kingrea, motion for final adoption passed by
the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY -
None.
5077
8 June 2009
Councilmember Mixon moved for final adoption of Ordinance No. 1388, an
ordinance to exempt certain "Covered Items" from the Municipal Sales and Use Tax
during the first weekend of August, 2009, as authorized by Act 2006-574, generally
referred to as the State Sales Tax Holiday Legislation (Introduced at the May 26,
2009 City Council Meeting). Seconded by Councilmember Stankoski, motion for
final adoption passed by the following votes: AYE — Quinn, Stankoski, Mixon, and
Ford. NAY - Kingrea.
Councilmember Mixon introduced in writing Ordinance No. 1389, an
ordinance amending Ordinance No. 1385, known as The City of Fairhope's Sales and
Use Tax Ordinance, by amending certain Sections and all other Section within this
ordinance remain as written and adopted. In order to take immediate action,
Councilmember Kingrea 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 Stankoski then moved for final adoption of Ordinance No.
1389. Seconded by Councilmember Mixon, motion for final adoption passed
unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, and Ford.
NAY - Kingrea.
Council President Quinn stated that next item on the agenda was the request to
name the alley. Gregg Mims, General Superintendent, addressed the City Council
and said he had met with Jennifer Fidler and Jonathan Smith regarding this request.
The naming of the right-of-way is consistent with the last three years and it appears
that only the name is the issue. He said they were working on a step -by -by written
policy for naming an alley and/or easement.
Jerry Roberts, 118 Magnolia Avenue, addressed the City Council and suggested the
name of E. B. Gaston whose house was built in 1902. Councilmember Mixon agreed
we needed a procedure for naming a street. Mr. Mims stated they were working on
more formal written procedures with approving the name and getting approval of
name from the Baldwin County 9-1-1 Center. Councilmember Stankoski said to get
procedure prepared and report back to the City Council.
After further discussion, Councilmember Ford moved table the request of Richard F.
Pate requesting permission to name an easement off N. Summit Street, (Introduced at
the May 11, 2009 City Council Meeting). Seconded by Councilmember Mixon,
motion passed unanimously by voice vote.
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8 June 2009
Councilmember Mixon moved to grant the request of Tonya Newman
requesting permission to serve alcohol at reception, which will be held on The Bluff
(Henry George Park), on September 12, 2009 from 6:00 p.m. to 10:00 p.m. Ms.
Newman will have to hire security to handle traffic and safety issues as well as
provide insurance for the event. Seconded by Councilmember Kingrea, motion
passed unanimously by voice vote.
Councilmember Mixon moved to grant the request of The Eastern Shore Art
Center requesting permission to use Fairhope Avenue between Bancroft and Church
and North Section Street between Magnolia and Fairhope Avenue for the Grand
Festival of Art on October 17, 2009 and October 18, 2009. Sherry Sullivan, Senior
Services Director, addressed the City Council and mentioned that a poll was taken of
the downtown merchants and the results were favorable of the Grand Festival of Art.
Seconded by Councilmember Kingrea, motion passed unanimously by voice vote.
Councilmember Mixon moved to pay bills as presented. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Paul Ripp addressed the City Council regarding accountability and never
getting answers to his questions. He said the City Councilmembers are not listening
to your own committees. Mr. Ripp stated this will be the last time you see me and
that he would pursue a lawsuit against the City of Fairhope.
Councilmember Mixon stated we have reached an impasse with the Mayor
and the Council. This is a disgrace to the City. We can't go on like this. It may take
the Attorney General's Office to come down here and tell the Mayor what he is
supposed to do and what the Council is supposed to do. I apologize to the citizens
and am deeply embarrassed.
City Attorney, Marion E. Wynne read the following memorandum to enter
into an Executive Session for approximately 1_0 hour:
5079
8 June 2009
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June 8, 2009
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Council President Quinn
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City Councilmembers
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As City Attorney Marion E. Wynne,l hereby request the Fairhope City Council
go into executive session based on Section 36-25A-7(a)(3) to hear an update of all
Mir.A n roa. A.c.6.o.
the legal issues (current and pending).
KA. U%rea
t"* L .Mmi
City Attorney Wynne does hereby declare that the City Council of the City of
mar IN pinn.A.C.Y4
Fairhope rise from a Regular City Council meeting, on Monday, June 8, 2009, to
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Dual K s:aekaski. C.M1f.O.
g o into (Executive Session.
The City Council shall be in Executive Session for approximately
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minutes/hour(s)• At the i tid 6f the Executive Session the City Council shall return
to the City Council Chambers to resume the Regular City Council meeting
�• �� 'City
The time is Council exits the dais to go into Executive Session.
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8 June 2009
Councilmember Stankoski moved to go into Executive Session. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Exited the dais at 7:17 p.m. Returned at 8:06 p.m.
Councilmember Mixon moved to adjourn the meeting. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 8:07 p.m.
.. •wo VON
isa A. ganiCs, City Clerk