HomeMy WebLinkAbout06-22-2009 Regular Meeting5081
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
Monday, 22 June 2009.
Present were Council President Debbie W. Quirin, 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 Dr. Tim Patrick, Pastor of Faith Baptist Church,
and the Pledge of Allegiance was recited. Councilmember Stankoski moved to
approve minutes of the 8 June 2009, regular meeting and the 8 June 2009, Work
Session. Seconded by Councilmember Mixon, motion passed unanimously by voice
vote.
Council President Quinn announced that they needed to amend the agenda by
adding on the following items: Executive Session after Public Participation; a
resolution for an Intergovernmental Funding Agreement for a transit hub, and
Baldwin County Sewer Service Confidentiality Agreement after the Reports of
Officers; and to move Mayor Kant after the Executive Session.
Councilmember Mixon moved to address the above mentioned items not on
the printed agenda. Seconded by Councilmember Stankoski, motion passed by the
following voice vote: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford.
Sherry Sullivan made the following announcements:
• Fourth of July Celebration at The Bluff beginning at 7:00 p.m. with fireworks
at 9:00 p.m.
• Farm Market on Thursdays from 4:00 p.m. until 6:00 p.m. on Church Street.
• The last Fairhope Walking Tour is this week.
Council President Quinn stated that the City Council interviewed the six Chief
of Police candidates on Saturday, June 20, 2009; used a similar type of matrix for
scoring each as the Chief of Police Search Committee; took information home to
think about it over the weekend; and e-mailed the results to the Human Resources
Department.
5082
22 June 2009
Council President briefly discussed the voting process that would be used:
Start with the number one pick and vote on the candidate, then number two, and so on
until we all agree. Councilmember Kingrea moved to accept the voting process as
presented. Seconded by Councilmember Mixon, motion passed unanimously by
voice vote.
Human Resources Administrator Rhonda White addressed the City Council
and stated she had tabulated their voting results and the number one candidate was
Bill Press from Miami -Dade, Florida. Councilmember Kingrea moved to appoint Bill
Press as the new Fairhope Chief of Police. Seconded by Councilmember Mixon,
motion passed unanimously by voice vote.
Councilmember Mixon moved to set the salary for the Chief of Police at
$95,000. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
Councilmember Mixon moved to have the new Chief of Police Bill Press
begin employment with the City of Fairhope on July 1, 2009. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
Council President Quinn thanked Terry Sanders for all of his hard work
during his employment as Chief of Police. Councilmember Stankoski moved to keep
Chief Sanders through July 8, 2009 which will give the new Chief of Police Press a
week for a good transition to the Fairhope Police Department. Seconded by
Councilmember Mixon, motion passed unanimously by voice vote.
Councilmember Stankoski moved to stop all lateral transfers within the
Fairhope Police Department, for three months, in order for the new Chief of Police to
settle in. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
Rose Fogarty, Finance Reporting Manager, and Nancy Wilson, City
Treasurer, presented the following PowerPoint presentation no action was taken by
City Council.
E3
5083
22 June 2009
City of Fairhope
Financial Statement Review
City Council Meeting
June 22, 2009
Slide 1
General Fund Expenses
GENERAL GOVT 77 - -
$3,653249
EXPENDITURES L _
53,742,287
POLICE DEPT ��
$2,667,382
52,542,087
FIRE DEPT L
f582,671
522,690
RECREATION DEPT
752,089
1767,242
STREET DEPT
$1,648,485 �Y•T-D May
j1,648,485 2D08
SANITATION DEPT
GOLF OPERATIONS
-
$1,140,863 aY-T-D May
5977,066 2009
$1,038,127
$1,174,559
STAFF AGENCIES & ,
$755,707
APPROPRIATION
$601,424
DEBT SERVICE — -1 $2,717,759
$1,Q '409
Slide 3
Electric Income Summary
i
$10,304,426
REVENUE
$11,407,926
-$5,903,063
«. Y-T-D
ENERGY COST !
-$6,170pB1
May
2001
a Y•T•D
May
927,69ID
2009
EXPENSES
•$3,030,13D
$1,473,686
EARNINGS
$2,227,715';
Slide 5
General Fund Revenues
TAXES
— '.$3,573,731
"S,3
1�78
LICENSES & -
- £j2,357,930
PERMITS t....,,..A
$1,882,000
FINES &
1171:41
FORFEITURES
$156810
INTER- '�
$3":229
*Y-T-D May
GOVERNMENTAL U
f438,006
ZDDd
INTERESTS &
$163,055
•Y-T-D May
RENTS 1
$135,463
2009
CHARGES FOR
$3,959,698
SERVICE
$3,830,521
OTHER REVENUE
$1
653,034
$25
Slide 2
Gas Income Summary
55,932,868
REVENUE
a 56,739,2191
'S3,141,335
a Y•T•D
May
ENERGY COST
-$131 12
2006
a Y-T-D
-$1,641,936
May
2OD9
EXPENSES
-$1,717,055
EARNINGS $1,143,597
.� $2,710,952
Slide 4
Water/Sewer Income Summary
55,351,390
REVENUE
$4,728,591
y-$428,496
>Y-T-D
ENERGY COST
May
-$457,579
2D08
v Y-T-D
May
$1837,977
2009
EXPENSES
-$3,866,129
$1,084,917
EARNINGS
$404,883
Slide 6
. l -M
22 June 2009
Profits/Loss Statement
UTILITIES
As of May 2009
Revenue
$
22,875,735
-Expenses
$
(17,532,185)
Total
$
5,343,550
-Transfers
$
2,877,083
UTILITIES EARNINGS
$
2,466,467
GENERAL
Revenue
$
11,816,405
Transfers
$
2,877,083
-Expenses
$
13,411,249
GENERALTOTAL
$
1,282,23
Slide 7
TOTAL CASH SUMMARY
$6,191,760
COMMITTED
$4,675,281
$4,160,755
NON -COMMITTED
$5,349,899
$10,52,515
TOTAL
510,025,190
Slide 9
9 As of May
2008
x As of May
2D09
City of Fairhope Cash Allocation As of May
2009
COMPASS --
$1,843,960
$1,075,769
I.
$607,753
CITIZENS
$3,309,079
*COMMfrTEO
WACHOVIA -
$191,410
S
: NON.
WACHOVIA
$' COMMTTTED
SECURMES
$607,411
COLONIAL 6
$$357,108403
'639
REGIONS r -------- n
$1,923,754
TOTAlS.$s0109'1
$S-
Slide 8
City Treasurer Nancy Wilson addressed the City Council and briefly
explained the new Preliminary Financial Request which formalized the prior approval
process. Then, Ms. Wilson actually went through the process for approval with the
first Preliminary Financial Request being Heavy Duty Commercial Grade Miniature
Lights for Christmas 2009. After further discussion, Councilmember Mixon moved
to approve Preliminary Financial Request No. 09-001 for going out on bid. Seconded
by Councilmember Kingrea, motion passed unanimously by voice vote.
Jim Horner, FEAB Chairman, addressed the City Council with an update of
the Alabama Geological Survey for a Sedimentation Study of Fly Creek. This will be
a 16 month study for a total cost of $40,300; and the City of Fairhope will only have
to pay $150 of that cost. Geological Survey of Alabama is giving $20,150 toward
this project and the Mobile National Estuary Program is giving $20,000.
1:;
22 June 2009
Beeman Bond, Chairman, addressed the City Council with an update on the
Personnel Board and introduced the other board members: Jerry Middleton, Savan
Wilson, Ernie Roberts, and Lorenzo Howard.
Council President Quinn announced Items 5. B. and C. are minutes from
Special Boards and Commissions being presented and reviewed by the City Council:
B. Personnel Board
Review minutes from meeting held May 18, 2009
C. Strategic Planning Committee
Review minutes from meeting held May 14, 2009
Councilmember Mixon stated that Rhonda White has been fulfilling both the
Human Resources Administrator and Human Resources Director positions. She has
been actively involved with the Strategic Planning Steering Committee and the
Personnel Board. Councilmember Mixon moved to appoint Rhonda L. White to
position of Human Resources Director. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
Councilmember Mixon moved to set the salary range at $79,000.
Councilmember Ford questioned the increase in salary due to already getting an
increase. Councilmember Mixon stated we are paying for the position not the person.
Council President Quinn said the past HR Director Bryan Seibt made $79,000.
Councilmember Ford replied he felt women should make what men make if doing
same job. After further discussion, Councilmember Kingrea seconded the motion to
set the salary range at $79,000, motion passed unanimously by voice vote.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Tim Kant and General
Superintendent Gregg Mims to work with County officials to create an
intergovernmental funding agreement for the funding of a County transit hub in
Fairhope. Seconded by Councilmember Mixon, motion passed unanimously by voice
vote.
IR
22 June 2009
RESOLUTION NO. 1539-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Council authorizes Mayor Tim Kant and General Superintendent
Gregg Mims to work with County officials to create an intergovernmental funding agreement
for the funding of a County transit hub in Fairhope. The basic terms of the agreement should
be as follows:
1. The City would reimburse the County the monthly lease payment for the property in
question based on the amount reflected in the 20-year lease between the County and Mr.
Randy Delchamps (i.e. $2,000.00 per month with a maximum 5% increase every five
years). The funding would begin following the execution of the County's lease.
2. The County will construct a transit hub on the subject property and operate
transit services at that location in Fairhope.
3. Fairhope will have administrative approval authority for the site plans.
4. The Mayor, General Superintendent and City Attorney will negotiate the lease
agreement with the County.
The Mayor will be authorized to sign the lease after Council approval.
Adopted on this the 22nd day of June, 2009
Attest:
isa anks, City Clerk
Councilmember Kingrea moved to authorize Mayor Timothy M. Kant to
execute a Confidentiality Agreement with Baldwin County Sewer Service. Seconded
by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Ford moved for the adoption of a resolution to authorize
Mayor Timothy M. Kant to execute an agreement for engineering services with
Thompson Engineering for extension of sewer force main (Introduced at the June 8,
2009 City Council meeting, motion died for lack of a second.
Councilmember Ford questioned why we held this resolution over. Councilmember
Kingrea replied the agreement was signed before coming to the Council.
W&A
22 June 2009
Councilmember Ford said he yielded to the Mayor's decision. Mayor Kant stated we
have talked about the engineer several times. Council President Quinn said the
biggest problem is communication. Mayor Kant stated that at the March 16, 2009
Finance Committee meeting this project was okayed to go out on bid and we went
forward. Councilmember Ford asked does the City owe this money. Mayor Kant
replied yes. Councilmember Ford said "I hope by turning this down and not paying
our bills this doesn't hurt our credit."
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution to award Bid for Three Year Lease for Postage
Mailing Machine (Bid Number 011-09). Seconded by Councilmember Kingrea,
motion passed unanimously by voice vote.
RESOLUTION NO. 1540-09
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 Three Year Lease of
Mailing Machine at City Hall (Bid Number 011-09) 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:
THREE YEAR LEASE FOR POSTAGE MAILING. MACHINE
Eagle Business Systems, Inc. No Bid
Pitney Bowes Unacceptable Bid
Wade Office Equipment No Bid
Accurate Control Equipment $ 21,564.00
[3] After evaluating the bid proposals with the required bid specifications, Accurate Control
Equipment, with the total bid proposal of $21,564.00, is now awarded the bid for Three Year
Lease of Mailing Machine at City Hall.
Adopted on this 22nd day of June, 2009
Attest:
'. A /,/, L
isa A. anks, ity Clerk
1..
22 June 2009
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to write a
letter to DHS/FEMA, Grant Programs Directorate, in support of the Fairhope
Volunteer Fire Department applying for Assistance to Firefighters Support Grants:
one for Vehicle Acquisition; and the other for Operations and Safety. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
RESOLUTION NO. 1541-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
write a letter to DHS/FEMA, Grant Programs Directorate, in support of the Fairhope
Volunteer Fire Department applying for Assistance to Firefighters Support Grants:
one for Vehicle Acquisition; and the other for Operations and Safety.
DULY ADOPTED THIS 22ND DAY OF JUNE, 2009
Attest:
4Az
anks, tity Clerk
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to write a
letter of support for Complete Streets subcommittee of the Walkable Communities
committee of Smart Coast to work with the Alabama Department of Transportation
("ALDOT") on bike lanes and sidewalks on the future four lanes of State Highway
181. Seconded by Councilmember Kingrea, motion passed unanimously by voice
vote.
1W
22 June 2009
RESOLUTION NO. 1542-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
write a letter of support for Complete Streets subcommittee of the Walkable
Communities committee of Smart Coast to work with the Alabama Department of
Transportation ("ALDOT") on bike lanes and sidewalks on the future four lanes of
State Highway 181.
DULY ADOPTED THIS 22ND DAY OF JUNE, 2009
Attest:
sa anks, City Clerk
Jonathan Smith, Planning and Building Director, addressed the City Council
and undated them on 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 and June 8, 2009
City Council Meetings). Mr. Smith stated that he had received an e-mail request for
changes to this ordinance.
Christopher Baker, HMR, LLC, agent for Thomas Toombs of Black Angus
Development, LLC, addressed the City Council requesting that the ordinance be sent
back to Planning & Zoning. Mr. Baker stated that Jonathan Smith had some issues
with the request and they would try to come to an agreement. If they could not agree,
his client probably would drop the rezone request.
5090
22 June 2009
Councilmember Stankoski mentioned the opposition at the Planning & Zoning
meeting. Mr. Baker stated that the Accessory Dwelling addition had been dropped.
Councilmember Stankoski stated he does not have reservations to send back to
Planning & Zoning, but when citizens constantly hear this over and over again, they
stop coming to the meetings. Council President Quinn stated she felt the City
Council should deny the rezone request and standby the recommendation from
Planning & Zoning.
After further discussion, Councilmember Ford moved to send 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 back to Planning & Zoning.
Seconded by Councilmember Kingrea, motion passed by the following voice vote:
AYE — Stankoski, Mixon, Ford, and Kingrea. NAY — Quinn.
Councilmember Ford addressed the City Council and gave an update on the
Garbage Committee and stated that once -a -week garbage won out over twice -a -week
garbage by the show of hands at the meeting. The Committee strongly urges the City
Council not to vote until all savings are presented by Jennifer Fidler, Public Works
Director.
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 and June 8, 2009 City Council Meetings)
until the July 27, 2009 regular City Council meeting. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
Councilmember Mixon stated that this ordinance is to clean up and remove
the duplication of wording: "under the direction of the Mayor." Councilmember
Kingrea introduced in writing Ordinance No. 1391, an ordinance to amend Ordinance
No. 1378, Article I, In General, Section 2-15, City Administrator, Fairhope Code of
Ordinances. Councilmember Ford questioned if removing those words took away the
supervision of the Mayor. Councilmember Mixon reiterated that this change was to
clean up the ordinance which did not need this wording. In order to take immediate
action, Councilmember Mixon moved for immediate consideration. Seconded by
Councilmember Kingrea, motion for immediate consideration passed unanimously by
the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY -
None. Councilmember Mixon then moved for final adoption of Ordinance No. 1391.
Seconded by Councilmember Kingrea, motion for final adoption passed unanimously
by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY -
None.
5091
22 June 2009
City Attorney Wynne addressed the City Council and discussed the new
franchise agreement for entities to use City property for private enterprise purposes
for profit. The Code of Alabama specifically states these entities must have a
contract with the City. However, it does not apply to everything and everyone and is
at the discretion of the City Council. Council President Quinn stated there will be a
process fee of $100, entity must obtain a business license, and will be charged a
percentage of gross receipts. Councilmember Stankoski commented just for profit
entities and we are talking about a handful at the moment. Councilmember Ford
stated if we let some do it and not others there will be issues. Council President
Quinn stated there are four entities that want to do this and are waiting on us.
Councilmember Kingrea said he wants something more specific and our concerns are
greater than the four entities. We need consistency. Councilmember Ford stated he
wanted to let the four go forward and then move to adopt the agreement.
Councilmember Stankoski stated he agreed with. Councilmember Kingrea, we must
be consistent.
After further discussion, Councilmember Kingrea moved to table the franchise
agreement for at least one meeting, the next City Council meeting is July 13, 2009.
Seconded by Councilmember Mixon, motion passed unanimously by voice vote.
General Superintendent Gregg Mims addressed the City Council and
discussed briefly the Road Name Change Policy. Mr. Mims said the only change he
would suggest to the City Council would be to change, in the section Who Can/Must
Sign the Petition?, the 100% regarding a personal name being used to 90% to be
consistent. After further discussion, Councilmember Mixon moved to adopt the Road
Name Change Policy with the amendment from 100% to 90% as stated previously.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Richard F. Pate, 10 North Bay View, addressed the City Council requesting
permission to name the easement that runs Westerly from N. Summit Street between
Fairhope Avenue and Magnolia Avenue as "Genevieve Lane". Mr. Pate stated he had
spoken with neighbors and Gregg Mims regarding the name as requested by the City
Council. Mr. Mims stated he recommended approval of the request which was
submitted prior to this new policy was passed. Jerry Roberts, 118 Magnolia Avenue,
questioned whether or not he had voice regarding this issue. Mr. Mims said that the
name Gaston suggested at the last meeting was already used in the City and would
not be approved by Baldwin County 9-1-1. Mr. Mims said the name "Genevieve
Lane" has already been approved by Baldwin County 9-1-1. Councilmember Mixon
moved to grant the request of Richard Pate (Introduced at the May 26, 2009 and June
8, 2009 City Council Meetings). Seconded by Councilmember Stankoski, motion
passed by the following voice vote: AYE — Quinn, Stankoski, Mixon, and Ford.
NAY — Kingrea.
5092
22 June 2009
Stephen Quinnelly addressed the City Council requesting permission to
operate a horse drawn carriage service, serving the Fairhope area, downtown, and
Fairhope Pier. Mr. Quinnelly briefly explained his service and stated that there were
many other who would have to pay what he would. He stated that mules would pull
the carriage because they could tolerate the heat better than horses and would be
bagged for collecting waste. Councilmember Stankoski asked; what would be your
routes. Mr. Quinnelly replied wherever the City Council desires. Councilmember
Mixon said this would add to the uniqueness of the City. Council President Quinn
asked Mr. Quinnelly to get with the Police Department and Sherry Sullivan regarding
the street routes. Councilmember Kingrea asked; where will you put your horses and
base operation. Mr. Quinnelly replied he had several businesses near Fairhope for a
base operation.
Council President Quinn read the following memorandum to enter into an
Executive Session for approximately 15 minutes:
June 22, 2009
Council President Quinn
City Councilmctnbers
As City Attorney Norman Stockman, I hereby request the Fairhope City Council
go into executive session based on Section 36-25A-7(a)(3) In discuss pending
litigation.
City Attorney Stockman does hereby deelnre that the City Council ol'the City of
Pairhofx rise from a Regular City Council utecting, on Monday, .lune 22, 2009. to
go into Fxecutive Session.
The City Council shall be in Executive Session I'or appruxtrnately
minincadhour(s). At the end ofthe Cxccutive Scssinn the City Council shall return
to the City Council Chambers to resume the Regular City Council meeting.
The time is City Council exits the dais w go into Executive Session.
r
Debbie Quin 'ty Council Ptesidcnt
Non a tockntan, City Attorney
22 June 2009
Councilmember Mixon moved to go into Executive Session. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
Exited the dais at 7:35 p.m. Returned at 7:55 p.m.
Mayor Kant addressed the City Council and stated his reasons why Fairhope
does not need a City Administrator. His statement gave the following four main
reasons:
1. I am the Mayor the citizens elected to run the City.
2. The City Council is trying to micromanage the City.
3. The City Administrator position, in relation to the Mayor's duties, is
unworkable because of inevitable conflicts and confusion.
4. The City Administrator will cost a lot of money.
Councilmember Mixon stated the City Council determines what services, finances,
and policies that will be followed, set all salaries, appoint duties, and committees.
The City Council sets policies and procedures. The Mayor makes sure policies are
carried out. The Executive Branch executes the laws.
Councilmember Ford said at the meeting the other day we were told the duties and
what we could and could not do. When this ordinance was introduced, I asked if this
changed the ordinance and was told it cleaned up.
City Attorney Wynne stated it did not make a difference, the City Administrator will
serve under the direction of the Mayor.
Councilmember Kingrea said he looked at the article from Ken Smith and he lobbied
against the position of City Administrator based on the Code of Alabama Section 1I-
43-81; and said he feels Ken Smith is wrong and we prepared the ordinance as we
could. Councilmember Kingrea said he is asking that the City Council and Mayor
work together.
Council President Quinn said she spoke with the Mayor several times and stated he
would not fight this and it would help with communication and personnel issues.
Councilmember Stankoski stated the Mayor was elected by the people, so were the
other five of us. We need to do what it takes whether pleasant or unpleasant; and do
what is right for the City, what is best for the City, and move forward. We are going
to disagree, but once it was passed, we need to go forward; and think first and
foremost what is best for the City.
5094
22 June 2009
Councilmember Ford said Councilmember Kingrea stated he wants to work with the
Mayor, if we go along with what you say. Councilmember Ford stated he thinks he
made a mistake voting for the ordinance and his personal agenda is doing what is
right for the City.
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 8:20 p.m.
1I'1Y-
isa A. auks, ity Clerk