Council Meeting 3 October 2017
by Mr. Mike Lanier.
to order by Mayor Wolff at 6 PM.
members were present for roll call.
minutes of the regular 19 September and special 25 September 2017 meetings were
approved after corrections.
Mayor Wolff relinquished the floor to
Chief of Police James Simpson. Chief
Simpson addressed the issue of overtime within his department. He stated he will do whatever he can to curb
the overtime but keep in mind that his department is responsible to keep peace
and order in the city. Once an officer
responds to a call that officer cannot just walk away from his duty because his
shift ends, he must complete the actions necessary to cover the incident. In fact, one of the incidents responded to
involved the death of a young man.
Ms. Davis stated when she was examining
the overtime it was not clear to her that some of the people were police
officers and she in no way wants the protection of the police diminished. If overtime is necessary for the protection
she will support it.
Council person Caylor was asked his
opinion on the overtime issue. He
responded that he has no problem with necessary overtime.
Chief Simpson informed the council body
that his department needed 4 additional vehicles, car cameras and body
cameras. He has quotes for these
items. Mayor Wolff directed the chief to
investigate and report back how much monthly payments would be on these items. Chief Simson will also be bringing quotes for
additional, badly needed radar equipment.
Chief Simson told the council in January he
expects to receive a grant of $24,715.00 however; these funds are designated
for body armor.
Mayor Wolff announced a Montgomery
Auditing Firm will be putting a team together to perform the 2016-2017 audits.
Introduction of a resolution to appoint an
interim city clerk/treasurer. Attorney
Hartley noted that Kerri had been appointed to the interim position at a
special meeting and it was not on the agenda.
With tonight’s action it is now official. Motion to approve carried by unanimous vote.
Council person Fountain noted that when former
Interim Clerk Hinson
resigned he had offered to continue coming to Evergreen
on Fridays and
Saturdays until the end of the year
to work on getting budget and records caught
Mayor Wolff stated his desire was to have Mr. Hinson only come in on
Friday’s to help the new clerk get
up to speed. With other measures put in
there was no reason for him to work on
Resolution offered for the expansion of the
Evergreen-Conecuh Capital Improvement Cooperative District Board.
In keeping within the guidelines of the
Articles of Incorporation for the Cooperative District, this resolution must be
offered to the Evergreen City Council and the Conecuh County Commission. Both entities must approve the resolution for
it to be placed in effect.
Current plans are to allow the city to put one additional person on the
board and to allow the county to do the same.
One other member will be then be put on the board by the city with the
approval of the commission.
Attorney Hartley read what he referred to as amendment 2, the second
amendment to the Articles of Incorporation.
(The first amendment dealt with the expansion of the district to include
l-65, exit 93. It had been referenced that
an amendment to the Articles allowing the appointment of another person to the
board had been completed in the past.
This, as presented by former Interim City Clerk Hinson, proved to be
completely false. An additional person,
Mr. Tim Dantz, had been added illegally to the board by the actions of the
Cooperative District Board.)
After completing the reading of the resolution a motion was made to
adopt the resolution and passed by unanimous vote.
Hartley stated that it was now legal to add additional persons to the board and
there were two positions open.
Council person Davis asked if the floor was open for nominations, she
then nominated Mr. Stanley Stallworth to the board. Council person Skinner seconded the motion.
Council person Upton noted he had a touch of a problem with putting
non-elected officials on the board and asked Ms. Davis if she would consider
serving. He went on to say, in his opinion;
a non-elected official does not have the level of accountability to the
populace as an elected person. The
Articles of Incorporation addresses board membership simply as those appointed
to the board must be qualified electors (voters). Ms. Davis responded to Mr. Upton’s statement
that, in her opinion; it would give the general public a better sense of
management if there were persons serving that were not elected to office.
Council person Upton responded that he had no problem and that Mr.
Stallworth was a good guy and withdrew anything that might seem to be an
objection to the nomination.
Attorney Hartley noted that a motion and second was on the floor. Mayor Wolff called for the vote and received
a unanimous favorable response.
Attorney Hartley then advised that the second appoint was one to be made
and then recommended to the County Commission to approve.
Council person Skinner recommended Mr. Tim Dantz (a non-elected individual)
to be the next person placed on the board.
Council person Caylor asked if appointees must live in Conecuh
County. Attorney Hartley stated county
residency was not a requirement, he simply had to be an elector. Hartley also informed the council that Mr.
Dantz votes in Evergreen and he believes the wording in the Articles are simply
a legislative mistake.
Ms. Davis asked if anyone else could be nominated to which the attorney
told her no one else could be nominated, that a motion and a second was on the
floor and only if this motion failed could someone else be nominated. Council person Fountain questioned as to what
would happen if the commission did not agree.
Again the attorney stated that should the
commission not accept it, it would be necessary to come back to the table.
Mayor Wolff called for the vote; 3 yes votes were forthcoming, after
asking for the nay’s Mayor Wolff announced the motion passed by a vote of 3-2
with Ms. Fountain abstaining.
Attorney Hartley noted that gave 7 members on the board provided the
commission agreed. If not, the issue
must be re-addressed.
Council person Fountain then stated she wished to change her vote to
nay. Attorney Hartley then noted the
motion failed to carry.
Council persons Skinner and Upton stated that it would be a wise move to
have someone who knows about money on the board.
Attorney Hartley asked for a pause and an opportunity to back up. He stated that Roberts Rules of Order does
not allow for Ms. Fountain to change her vote.
He said he had made a mistake and based on the vote outcome, the motion
to put Mr. Dantz on the board had passed.
Mayor Wolff stated that anytime the Cooperative District had a meeting
he would appreciate council member’s attendance. It was then announced that the regular
scheduled meetings would be the 2 Wednesday at 10 AM in the Depot.
1. Dr. Salem Saloom has approached the city
asking to enter into a contract for access to the water tower for the purpose
of line of site to the fire tower on Saloom Properties where he wishes to place
a radio mounted base station at the city’s Industrial Park for the purpose of
supplying WI-FI to the residents of Booker’s Mill.
Mayor Wolff has turned this project over
to Superintendent Davis to
and see if it is possible and feasible.
2. Mayor Wolff noted that Governor Ivey has
proclaimed October 1-7 as Public Power Week.
The City of Evergreen is one of only 36 municipalities that own the public
3. Rapture Worship Center has requested
permission to use the Evergreen Airport Field to hold a community prayer
meeting from 7-9 PM, October 6-14, 2017.
Attorney Hartley noted they needed to get their own event
insurance. Approved by unanimous vote
contingent on the insurance issue.
Motion made and passed unanimously.
Bobby Skipper of Advance Employment Inc.
asked that a flyer he had presented be given to each council person.