HomeMy WebLinkAbout06-30-2011 Regular Meeting5723
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
Thursday, 30 June 2011.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, 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 Mixon called the meeting to
order. The invocation was given by Councilmember Stankoski and the Pledge of
Allegiance was recited.
Councilmember Quinn moved to address the following item not on the
printed agenda: Resolution to purchase two (2) SEECO Switches for the Electric
Department. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
Council President Mixon asked if there were any corrections to the minutes
from the 13 June 2011, regular meeting. He then stated if there are no corrections,
the minutes stand approved as written.
Council President Mixon asked if there were any corrections to the minutes
from the 13 June 2011, public participation/work session. He then stated if there are
no corrections, the minutes stand approved as written.
Councilmember Quinn addressed the City Council with the following items:
1) Volanta and the E. coli issue.
2) Picture of Mobile Bay in the National League of Cities' calendar.
3) The Electric Department in on the cover of Currents magazine.
4) Update on the Alabama League of Municipalities and named Chairman of
the Legislative Committee
Councilmember Ford addressed the City Council with the following items:
1) Commended Sherry Sullivan for photo contest and a good job.
2) Complaints about the Noise Ordinance are still coming on the "Bass"
sounds.
3) Sales Tax needs to be revisited on anniversary date; Ordinance No. 1384.
Reaffirm for or against the Sales Tax.
5724
30 June 2011
Councilmember Kingrea addressed the City Council with the following item:
1) Nichols Street update was given; hope to present a resolution at the next
meeting for a vote.
Public Participation:
1) Charmaine Parker, 306 South School Street, addressed the City Council on
the Ordinance regarding the Salaries of Mayor, Council President, and
Councilmembers. Ms. Parker mentioned she was new here when the last
election took place in 2008. She was concerned why the decrease in the
Mayor's salary when the Mayor has a full-time job. Ms. Parker questioned
why all of the other employees' salaries were not being cut in half. She said
this is wrong and discriminatory.
Council President Mixon stated that the Code of Alabama Section 11-43-80 states
that the mayor shall receive such salary as the council may prescribe, which must be
fixed by the council not less than six months prior to each general municipal election.
2) Robert Stankoski, attorney for the Jeffrey Dubois d/b/a Double Deuce 2,
addressed the City Council regarding the Lounge Liquor License application.
Mr. Stankoski stated that he and his client did not want to go into an
Executive Session; and saw no reason why this application should be denied.
Council President Mixon asked Mr. Dubois about the application and the
attachments. Mr. Dubois presented the attachments regarding arrests. The ABC
background check was also presented to the City Council. Council President Mixon
asked if he was involved in any of the calls. Mr. Dubois replied "no sir."
Councilmember Kingrea read the previous arrests and mentioned these were either
dismissed or he was not convicted. The noise ordinance violation was questioned and
Mr. Dubois stated he put up a dummy wall and carpet to correct.
After further discussion, Councilmember Quinn moved to approve the
issuance of the Liquor Lounge License by Jeffrey C. Dubois, DD2, L.L.C. d/b/a
Double Deuce 2, located at 9115 A & B Highway 98, Fairhope, Alabama. Seconded
by Councilmember Kingrea, motion passed by the following voice vote: AYE —
Quinn, Mixon, Ford, and Kingrea. NAY — None. ABSTAIN — Stankoski.
Councilmember Kingrea moved to appoint Kent Schwartz, Harriet Gutknecht,
and Joanne Hogan to the Fairhope Tree Committee for a six year term. The term will
expire in June 2015. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
5725
30 June 2011
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to accept
the grant from the Alabama Department of Transportation for the Safe Routes to
School Program. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
RESOLUTION NO. 1799-11
WHEREAS, the City of Fairhope presented an application to the Alabama
Department of Transportation for grant assistance to develop a Safe Route to School
Program; and
WHEREAS, the Alabama Department of Transportation awarded the City of
Fairhope the grant from the in the amount of $145,851.00. This grant is for the
installation of sidewalks, crosswalks, ADA accessibility ramps, pavement markings,
signage and alternate drop-off sites in the City of Fairhope to encourage bicycling and
walking at schools.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to accept the grant from the
Alabama Department of Transportation in the amount of $145,851.00, for the Safe
Routes to School Program.
DULY ADOPTED THIS 30TH DAY OF JUNE, 2011
1M` `
Ti thy M. K nt, Mayor
ATTEST:
f
Lisa A. Hanks, MMC
City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution approving and committing the necessary funds
in the 2012 budget for the Volanta Watershed Gulley Project. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
5726
30 June 2011
RESOLUTION NO. 1800-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City of Fairhope supports the grant application to
Mobile Bay National Estuary Program with a total cost of $100,000 with the City of
Fairhope contributing $30,000 cash and $20,000 in -kind services for a total of
$50,000. The City Council approves and commits the necessary funds in the 2012
fiscal year budget for the Volanta Watershed Gulley Project. If the grant is funded, it
will pay $50,000, which is 50%, toward the total project cost.
DULY ADOPTED THIS 30TH DAY OF JUNE, 2011
(T4imhy M. ant, ayor
ATTEST:
i
isa anks, MMC
City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing the City of Fairhope to submit the
Energy Efficiency and Conservation Block Grant — Solicitation III to the Alabama
Department of Economic and Community Affairs ("ADECA"). Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
5727
30 June 2011
RESOLUTION NO. 1801-11
WHEREAS, the City of Fairhope proposed to replace eighty (80) street lights with energy -
efficient light emitting diodes (LED) lighting technology; and
WHEREAS, the City of Fairhope presented an application to the Alabama Department of
Economic and Community Affairs ("ADECA") for grant assistance to replace our street
lights which will result in a reduction of carbon emissions and electricity usage which would
represent a cost savings of approximately 67% or over $4,000 annually; and
WHEREAS, this Energy Efficiency and Conservation Block Grant will allow for another
energy savings project which the City of Fairhope considers energy savings and the reduction
of carbon emissions a vital step toward a sustainable future; and
WHEREAS, the City of Fairhope supports this grant application to ADECA for the LED
street lights with a total cost of $71,500 with the City of Fairhope contributing $9,500 dollars
worth of in -kind labor and equipment to the project; and if funded, the grant will pay 100% of
the project; and
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope authorizes submission of the
Energy Efficiency and Conservation Block Grant Application — Solicitation III to ADECA
requesting funds of approximately $62,000 for our material outlay in grant funds to replace
the eighty (80) street lights with LED lighting technology.
DULY ADOPTED THIS 30TH DAY OF JUNE, 2011
LA_ ( <r�
in thy M. Ka t,
Mayor
Attest:
isa A. an s,' MC
City Cler
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to purchase three (3) 25 KVA Pole -Mounted
Transformers and six (6) 50 KVA Pole -Mounted Transformer for the Electric
Department. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
5728
30 June 2011
RESOLUTION NO. 1802-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope has voted to purchase three (3) 25 KVA Pole -Mounted
Transformers and six (6) 50 KVA Pole -Mounted Transformers for the Electric
Department and authorizes procurement based on the option allowed by the Code of
Alabama 1975, Section 41-16-51(b)(7) to obtain informal quotes and purchase the
Pole -Mounted Transformers. The cost will be approximately $11,289.00.
Adopted on this 30th day of June, 2011
'VV
Tim by M. Ka t, Mayor
Attest:
isa A. Hanks, MMC
City C1 rk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing the Fairhope Police Department
to execute the proper paperwork to transfer equipment to Choctaw County Sheriff's
Office. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
5729
30 June 2011
RESOLUTION NO. 1803-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that the City of Fairhope Police Department is hereby authorized to execute the
proper paperwork to transfer the following equipment to the Choctaw County
Sheriff's Office:
1989 Make: Sea Ark Mod: Crew 21 ft Hul]#FAMA0036E989 with
two Mercury 115 Four Stroke Boat Motors and Trailer
This item was received through the 1033 Program which restricts transferring
received equipment to another agency for a one-year period. The City of Fairhope
Police Department has kept this equipment longer than the required restriction period.
Adopted and approved this 30th day of June 2011
im by M. Kat, Mayor
Attest:
isa Hanks, MMC
City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
a Memorandum of Understanding between the State of Alabama by and through the
Alabama Department of Transportation regarding removal of disposal of debris.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
5730
30 June 2011
RESOLUTION NO. 1804-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes
Mayor Timothy M. Kant to execute a Memorandum of Understanding between the
State of Alabama, acting by and through the Alabama Department of Transportation,
and the City of Fairhope regarding Removal and Disposal of Debris.
Adopted on this 30th day of June, 2011
Tim by M. K I
nt, M yor
Attest:
Zr-,
L4A�.nks,X4N4C
City Clerk
Councilmember Kingrea moved for final adoption of Ordinance No. 1449, an
ordinance amending the City of Fairhope Code of Ordinance (Section 2-21) Monthly
Salary for the Mayor and Councilmembers. The motion was seconded by
Councilmember Stankoski who began the discussion for this ordinance.
Councilmember Stankoski stated that this was not about the Mayor's salary. He
referenced Rick Kingrea's letter to the editor which had to do with the salary and the
Council. The interaction of the Council and the Mayor in our City is America's
government in action at its finest. We propose, we debate, we discuss, we deliberate,
and we compromise. The Mayor is not a victim nor is the Council a villain. This is
democracy in action and that's how we do things. It's the results that count and
what's best for the City and the citizens." He mentioned what has happened in the
last two -and -a -half years.
5731
30 June 2011
Councilmember Quinn mentioned that the City Administrator used to be the General
Superintendent who was put in that position by the Mayor. She also stated we were
pretty much in line with other Cities in the knowledge that we have great supervisors
that do well and work full-time. The Mayor is not full-time and he is not part-time.
She commented that this ordinance was for the next Council and the next Mayor,
whoever that may be.
Councilmember Ford stated we have a unique City and wants it to stay that way. We
raised the Mayor's salary to $60,000. The City Administrator is now at the whim of
the Mayor and not of the Council. He said it took years to build up the City and now
we are dummying it down. We took the power away and now we will have to redo a
lot of ordinances. The Mayor has saved the City hundreds of thousands of dollars in
the past. We were better off before we did all of this; four years ago.
Councilmember Ford said he did not see anything good to replace it.
Council President Mixon stated there were no reserves and we were in the black.
Councilmember Stankoski commented the results speak for itself.
Councilmember Kingrea addressed Councilmember Ford and asked do you remember
the meeting where the auditors came in and said the black line and red line were
crossing; and now they are not. Utilities were giving around 80 percent to help run
the City and now we are down to around 60 percent transfers. Now the Utilities have
funds to help purchase necessary equipment. And most important, the two cent Sales
Tax saved our hide.
Councilmember Stankoski reiterated we propose, debate, discuss, deliberate, and
compromise. This is democracy in action. There is no victim nor a villain.
After further discussion, motion for final adoption passed by the following votes:
AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to purchase two (2) SEECO Switches for the
Electric Department. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
5732
30 June 2011
RESOLUTION NO. 1805-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1 ] That the City of Fairhope has voted to purchase two (2) SEECO Switches for the
Electric Department and authorizes procurement based on the option allowed by the
Code of Alabama 1975, Section 41-16-51(b)(7) to obtain informal quotes and
purchase the SEECO Switches. The cost will be approximately $15,050.00.
Adopted on this 30th day of June, 2011
kip�rdthy M. Ka t, Mayor
Attest:
d
a A. nks, MMC
City Cler
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:42 p.m.
r
Lonnie L. Mixon, Cou cil President
isa A. nks, MMC
City Cler