HomeMy WebLinkAbout07-11-2011 Work SessionSTATE OF ALABAMA
COUNTY OF BALDWIN
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The City Council met in a Public Participation/Work Session
at 5:00 p.m ., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope , Alabama 36532, on
Monday , 11 July 2011.
Present were Council President Lonnie L. Mixon, Councilmembers : Debbie
W. Quinn, Daniel Stankoski, Michael A. Ford , and Rick Kingrea, Mayor Timothy M .
Kant , and City Clerk Lisa A. Hanks. City Attorney Marion E. Wynne was absent.
Council President Mixon called the meeting to order at 5:00 p.m.
The following topic s were discussed:
• Mayor Kant began his discussion regarding the Supreme Court ruling by stating
Paul Myrick will be reviewing the Personnel Handbook for necessary changes ;
and then we will look at all ordinances and resolutions on the books .
David Whetstone briefly explained the two Supreme Court rulings : one dealt
with a Legislative Branch decision and the other was an Executive Branch
decision. He said "no man can serve two masters ." The duties cannot yield or
hide behind an ordinance. Paul Myrick is looking at the Personnel Rules. The
Council has time to figure out what needs correcting. However, Mayor Kant
must follow the ruling now which states he has direct supervision over all
employees . The statement "otherwise provided by law" meant otherwise
provided by a state statute. The Mayor must be involved in all discipline of City
employees. Every City with this form of government has been turned upside
down.
Council President Mixon asked ; are you employed by the Mayor or Council. Mr.
Whetstone replied the Mayor hired him . Cow1cilmember Kingrea stated the hire
and fire is with the Mayor. However, the Mayor 's memo was concerned with
policies and procedures. It is going to take time to look at the ordinances and
better served if we don't make any changes at this time .
Mr. Whetstone said there are different opinions of Mayors and Councilmembers ,
but we need to make sure the Mayor is involved with Personnel decisions.
Councilmember Stankoski stated this is do-able and workable ; whatever the
advice is from W ynne and M yrick we will follow the law. Mr. Whetstone said
the Council has time to wait and reflect. The Executive Branch works day-to-
day operations of the City.
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Work Session
Monday, 25 July 2011
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Councilmember Ford said the Mayor may have to change or act tomorrow.
Councilmember Kingrea said nothing should be changed until further discussion.
Mayor Kant said he must agree with any disciplinary action before going
forward; and he does not want the City in liability issues .
Councilmember Kingrea read Section 1.04 from the Personnel Handbook and
sai d he does not believe this is a procedural change; it is a policy change. Mayor
Kant said he must be involved in the employee disciplinary actions. Mr.
Whetstone commented the hiring , firing , or disciplinary action is so lely with the
Mayor. Mayor Kant said he must abide by State Law.
• Council President Mixon questioned the Mayor's committee regarding the school
system. Mayor Kant replied still interviewing. The RFQ for garbage was also
questioned. Mayor Kant replied it is ready for the street, but he has not seen the
final version. Councilmember Quinn questioned the E-coli in the bay. Mayor
Kant replied Dan McCrory's department is testing areas for bacteri a levels ; and
the levels get worse when going up stream. The gullies will be tested in the
future.
• Jason Colee, IT Director, briefly explained the City-wide radio system bid and
due to no company meeting the specifications we need to reject all bids and
authorize rebid .
• Dan Ames, Purchasing Manager, and Mark McDowell , attorney with City
Attorney Marion E. Wynne, briefly explained the issue with Jubilee Landscape
who has our contract for mowing and the name change of this company. Mr.
Ames mentioned a couple of things need to be done before an assignment of the
landscaping company can be completed. Mr. McDowell said Jubilee Landscape
needs to assign to GreenPro Landscape all of its rights; and the company can't
perform work for the City without their General Contractor's License .
• Jim Homer discussed the Noise Ordinance and said the 85 decibels is not
working. If anything, it is worse now than before. The amplified bass is a real
problem. He said in real neighborhoods , neighbors take care of neighbors. He
requested for the decibel level to be reduced to 60 or 65 decibels . We should
have peace and quiet for residential areas. Councilmember Ford mentioned
being a mile away from an establishment and could still hear the bass; and he has
had complaints regarding bass and amplified noise.
Work Session
Monday , 25 July 2011
Page-3-
• Wanda Moseley , 25 Pirate Drive , discussed the dormitories on Greeno Road.
She mentioned the foreigners partying. She was told this was going to be
assisted living or gated-community. She has talked to the Police Department,
Mayor Kant , and Mike Ford. Council President Mixon replied we will look into
this issue regarding the noise problem. Councilmember Quinn mentioned this
was outside of the City limits.
• Mark Wilson, 207 Driftwood, discussed the request for a fee waiver for the
National Wild Turkey Federation requesting waiver of fees for use of the Nix
Center for a fundraiser banquet on August 27 , 2011.
• Paul Ripp, 22985 High Ridge Road, discussed several issues which have been
addressed previously: School Motivation being done by Amy Thompson who
does not live in the City; City Administrator does not live in the City ; and you
always asked if I lived in the City. We need to hold politicians accountable.
There are several things being discussed on the street: The Henderson settlement
issue is not true ; nor is the Tree Survey being waived by the City. The BP
documents issue was brought up regarding the Baldwin County EMA documents
being different from the City documents. The issue with Veterans Drive and
accidents was mentioned and the need for a traffic light.
There being no further business to come before the City Council , the meeting
was duly adjourned at 5:53 p.m.
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Lonnie L. Mixon, Cowfrrresident