HomeMy WebLinkAbout01-11-2010 Regular Meeting5255
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, 11 January 2010.
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 Associate Pastor Jeff Ingram, of First Baptist
Church and the Pledge of Allegiance was recited. Council President Mixon asked if
there were any corrections to the minutes from the 28 December 2009, regular
meeting and the 28 December 2009, work session. Councilmember Ford replied that
on the last page in the minutes his name was left off for the motion and the actual
vote for the resolution was missing. Council President Mixon then stated if there are
no other corrections, the minutes stand approved as corrected.
Greg Gipson, with Baldwin County Electric Membership Corporation,
presented Mayor Timothy M. Kant with their annual business license check. The
check was in the amount of $106,280.61 representing a percentage of BCEMC's
business revenues within the City Limits of Fairhope and representing a percentage of
BCEMC's business revenues in the police jurisdiction.
Mayor Timothy M. Kant addressed the City Council and reported on the
following items:
1. Utilities — Gas Department has record levels and on Sunday had
6,600 units.
2. Church Street Businesses — several merchants have been
complaining about the striping and losing parking spaces. We need to
look at Church Street as a whole.
Councilmember Kingrea stated that this issue was discussed when the Parking Garage
was built this section would go back to parallel parking. He said we talked with
people and looked at the area. Parallel parking makes it safer to drive down Church
Street. Councilmember Quinn mentioned it would have been nice if we had talked
with the merchants. Councilmember Kingrea replied we need signs directing to
parking lot and to the Parking Garage, directional signs.
5256
11 January 2010
Jennifer Fidler, Public Works Director, addressed the City Council and gave
an update on the landfill closing and asked permission to go out on bid for the
garbage and trash trucks because she wanted to look at other options than just the
Alabama State Bid list. Council President asked if there was any opposition of going
out on bids for these trucks. Since no one opposed, he stated there is no opposition
for you to go out on bids for these items. Ms. Fidler then gave the following Power
Point presentation:
Public Works
Sanitation Divison
Closing of Construction and
Demolition (C&D) landfill
History
• Landfill part of Fairhope's History
• Owned and operated C&O landfill
• Council makes decision to end the landfill
• Affecting everyone in the city
• Necessity for new policies
Recycling
5257
11 January 2010
The City of Fairhope landfill is
closing February 27th, 2010
• Currently, WEAR
,NOT accepting
materials that are
mixed (limbs and
leaves mixed with
Construction
• YOU MAY continue
to bring your C & D
material in to the city
dump site free of
charge.
1. Yard Debris
• • Gress clippings, terms,
ambs, tree debris
• Yard debris is considered
Yresh' and will Continued
to be PiOked up free of charge, weekly, curbside.
• WE WILL NOT be plcking up
Construction and Demolition (C & D)
material curbside after February 27th,
2010.
• You will be charged for any bulk item or
C&D type material that is picked up at
your address after 2/27/10.
Trash Collection Policy Two
kindslTwo Piles)::
2. Bulk Items
• Appliances, furniture
or Items too large for
garbage can
• Bulk Items can be
picked up with a fee
charged to your
utility bill or brought
into the city dump
for free.
5258
11 January 2010
C&D type mate
. q • Is dlacardsd garden
pots. lays. lumber,
b Aldkp maten.ls,
appliances (bulk item),
rurnilum (bust Item),
Injures, miscellaneous
items.
• Put all small C6D type
meter)., kr your
garbage can.
rn
Current activities
• Buying and Bidding truck equipment
• Need permission to go out on bid for
trucks (not on state bid list)
• If you have any questions, please feel
free to contact us at 928-8003. Thank
youl
• Beth Williams is our new environmental
officer working in Public Works!
Councilmember Ford left the dais at 6:16 p.m. and returned to the dais at 6:18 p.m.
Councilmember Quinn mentioned a citizen who lives in an apartment complex and
being charged for garbage. Mayor Kant stated that any person with an electric meter
gets charged a garbage fee because they are creating some type of waste.
Councilmember Kingrea mentioned the price of gas is going up this month.
5259
11 January 2010
Councilmember Stankoski brought up Magnolia Beach and the erosion at Tatumville
Gulley.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution supporting Community Gardens in Fairhope.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
RESOLUTION NO. 1605-10
Resolution to Support Community Gardens in Fairhope
WHEREAS, locally grown food will provide more nutritious food for
Fairhope residents and healthful recreation for gardeners; and
WHEREAS, many Fairhope residents do not have suitable space for home
garden sites; and
WHEREAS, community gardens in Fairhope will provide opportunities and
incentives for residents to grow fruit, vegetables and herbs; and
WHEREAS, participation in community gardens will enhance community
spirit and horticultural knowledge of Fairhope residents, in addition to making
available healthy, affordable food; and
WHEREAS, the National Recreation and Park Association endorses the
inclusion of community gardens in park and recreation programs,
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING
BODY OF THE CITY OF FAIRHOPE, ALABAMA that The Fairhope City
Council supports the establishment of community gardens on City land.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA, this 1 lth day of January, 2010.
ATTEST:
Lisa A Hanks, City Clerk
5260
11 January 2010
Council President Mixon stated that the resolution supporting Community
Gardens at Stimpson Field needs more discussion and would like for it to be deferred
to the January 25, 2010 Work Session. Councilmember Kingrea moved to defer the
resolution to the January 25, 2010 Work Session. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution establishing a Volunteer Service Application
Procedure and Volunteer Application for Appointment. The motion was seconded by
Councilmember Kingrea.
Councilmember Ford questioned the appointing authority and stated it should be
named; and asked about the word township in the application. City Administrator
Gregg Mims replied that the Planning Commission is appointed by the Mayor based
on the Code of Alabama and other committees and boards are appointed by the City
Council. The appointing authority for each board, committee, and commission is
specified in statutes, ordinances and resolutions. Mr. Mims stated, "Lisa and I
worked on this procedure and looked at several examples from other cities."
After further discussion, Councilmember Ford moved to amend the Volunteer Service
Application Procedure by deleting the word "township" from section 5. Application
for Citizen Service, subsection e. to read Board, commission, and/or committee being
sought. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
Council President Mixon stated we have the initial motion on the floor for the
adoption of a resolution establishing a Volunteer Service Application Procedure and
Volunteer Application for Appointment with the approved procedure amendment
deleting the word "township" as stated above and seconded, motion passed
unanimously by voice vote.
5261
11 January 2010
RESOLUTION NO. 1606-10
WHEREAS, the City Council has previously created municipal boards, commissions, and/or
committees either by statutory law or by ordinance or resolution; and
WHEREAS, the appointing authority is given to the official or body by virtue of statutory
law or by ordinance or resolution; and
WHEREAS, The City Council is desiring to initiate a Volunteer Service Application
Procedure to provide residents of the City of Fairhope with information concerning the
various vacancies for appointed municipal boards, commissions, and/or committees, a
procedure whereby citizens can indicate his or her desire to serve on a particular board,
commission, and/or committee, and for a notification process so that those citizens who have
indicated a desire to hold a position will be notified when a vacancy occurs on any board,
commission and/or committee; and
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, there is hereby established a Volunteer Service Application
Procedure and Volunteer Application for Appointment as presented and on file in the Office
of the City Clerk, a copy of which is attached hereto as Exhibit "A."
Adopted on this 1 lth day of January, 2010
Attest:
4 la�
isa7a_nU, eitydirk
Council President Mixon stated this was an in-house clean up for the bid laws.
Councilmember Kingrea introduced in writing, and moved for the adoption of the
following resolution, a resolution establishing a procedure regarding expenditures.
The motion was seconded by Councilmember Quinn.
Councilmember Quinn questioned the limit and asked if the $7,500 limit was going to
still be in place or was this resolution replacing that limit. She also questioned the
first paragraph and wanted to know if the City Council would still vote on the
accounts payables. Council President Mixon replied a monthly report would be given
to Councilmembers as required by law.
5262
11 January 2010
After further discussion, Councilmember Kingrea moved to amend the resolution
from stating "up to the State of Alabama Bid Law Limit" to stating "up to $7,500.00 or
the budgeted amount whichever is less." Seconded by Councilmember Stankoski,
motion passed by the following voice votes: AYE — Stankoski, Mixon, Ford, and
Kingrea. NAY —Quinn.
RESOLUTION NO. 1607-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the following procedure is hereby established for expenditures:
City invoices will continue being paid on a weekly basis, in order to take advantage
of any available discounts, and to more nearly match the outflow of cash to the
receipt of revenue from the three utility billing cycles. A monthly report will be
given to the Councilmembers at the beginning of each month reporting all invoices
paid during the prior month.
The City of Fairhope Administration has the authority to spend on any operational
budgeted item up to $7,500.00 or the budgeted amount whichever is less. Any
purchase order over $1,000.00 dollars requires the signature of at least two of
following members of the City's Executive Staff (City Administrator, City
Treasurer, and General Superintendent).
Any budgeted capital item may be bid with the approval of the Mayor, City
Administrator, and City Treasurer. After the bids are received, the Purchasing
Manager shall forward to the City Council a report and recommendation concerning
the award of each bid. The City Council will review the report and adopt a
resolution rendering a decision.
The following resolutions are hereby repealed: Resolution No. 822-02 adopted on
March 14, 2002, Resolution No. 1006-04 adopted on February 4, 2004, Resolution
No. 1301-06 adopted on July 24, 2006, and Resolution No. 1488-09 adopted by the
governing body on January 26, 2009.
Adopted on this 11th day of Januga, 2010
Attest:
IF
4isn s, dity Clerk
5263
11 January 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
a contract with Ira W. Harvey to perform a Feasibility Study. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 1608-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a contract with Ira W. Harvey, Ed.D. to perform a Study of the Financial
Feasibility of a Separate City School System for Fairhope, Alabama ("Feasibility
Study"). The fee for conducting this study is twenty-five thousand dollars
($25,000.00).
DULY ADOPTED THIS 11TH DAY OF JANUARY, 2010
Attest
Old,
isa auks, CCity Clerk
Councilmember Quinn mentioned that Dr. Harvey wants a committee to discuss the
issues. Council President Mixon replied this is just a study.
Councilmember Quinn introduced in writing an Ordinance to Amend
Ordinance No. 1255 known as the Personnel Rules, Policies and Procedures
Ordinance. In order to take immediate action Councilmember Quinn moved for
immediate consideration. After further discussion, Councilmember Kingrea seconded
the motion for immediate consideration, motion failed for lack of a unanimous vote.
This ordinance will layover for final adoption at the next regular City Council
meeting.
5264
11 January 2010
Councilmember Quinn introduced in writing Ordinance No. 1405, an
Ordinance to Protect the Health, Safety and General Welfare of the People, declaring
a Moratorium of the Enforcement of the Hours of Sale of Alcohol. In order to take
immediate action, Councilmember Kingrea moved for immediate consideration.
Seconded by Councilmember Stankoski, 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. 1405. Seconded by Councilmember Kingrea, motion for final
adoption passed unanimously by the following votes: AYE — Quinn, Stankoski,
Mixon, Ford and Kingrea. NAY — None.
Council President Mixon stated that no action was required on Agenda Item
Number 14 and asked if anyone wanted to speak under Public Participation.
Kristie Street, 17750 Greeno Road, addressed the City Council and requested
to be on the committee for the Feasibility Study with Dr. Harvey. Councilmember
Quinn replied you are first on my list.
Willie Williams, 17420 Confederate Rest Road, addressed the City Council
and invited them to the Martin Luther King, Jr. Celebration on Monday, January 18,
2010 at 10:30 a.m. The march will begin at the intersection of Young and Morphy
streets and will end at the Fairhope Civic Center. Kesshia Peyton, morning anchor
for WKRG-News Five, will be the keynote speaker for the program following the
march.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:47 p.m.
Lonnie L. Mixon, 6uncil President
isa A.)Hanks' � ity Clerk