City Council - Regular Meeting

The bills have the minutes for March 19th and March 23rd and then go over resolution number 879626. Miss Dickerson, this is a resolution approving an alcohol license for Center Stage Comedy Birmingham LLC doing business as Stardome Comedy Club. Any issues with this?

There are no issues with this request from planning and zoning guard from the police department. Are there any comments or questions regarding this alcohol license? All right, we'll move on to resolution number 879726 approving alcohol license for Burrito Brothers Birmingham doing business as trampled by Tacos Cinco deayo 2026 located at parking lot of 5363 Highway 280 South Suite 101B. Uh Mr. Dickerson, any issues with this? There are no issues with this request from the police department or from the planning and zoning department.

Any comments or questions regarding this license?

Okay, moving on to resolution 8798266 authorizing the mayor to execute a public safety communication service subscription agreement between the city of Hoover and Insight Public Sector. Miss Moore Good evening everybody. Hope everyone is well. Um these are two actually this resolution and the one one immediately following are both 911 related. If you want us to speak with both at the same time.

Sure. I'll go ahead and read that next one. Also number six, resolution number 879926 authorizing mayor to execute a service agreement with Vector Solutions for public safety training services for Hoover 911. Okay, these are a subscriptionbased and software related to training and operational needs for the center. And I'm going to let manager Michael Knight speak to the details.

Um, thank you. Good evening. uh 879826. This is going to be for the prepared modules. It is a 36 term 36-month term subscription uh and is a year one is approved in budget. Years two and three will be have to be budgeted for in subsequent years. Uh it will allow us to enhance our quality assurance and ensure that that calls are routed to the appropriate personnel and it'll also help us manage non-urgent calls in the sense of being able to process them quicker for things such as animal control and the like and to route callers to where they actually need to go quicker.

Mr. President, um Mr. Tonight the 34 346 is the sum total of the three installments. That is correct. Thank you. Any other questions? And this is budgeted. Yes. Year one is budgeted. Years two and three have to be still have to work with. Okay. I have a question. Is it replacing anything or is it an addition to what you have already? It is addition to what we already have. So Alabama 911 board provides us with the core module. These will help supplement it and it will help with the workload in the 911 center. Any other questions, comments?

Very good. You move on to 879926. Okay, this is for frontline. This would allow us to have a platform to better manage our personnel files when it comes to performance evaluations. It also opens up a public platform to allow them to do commendations, recommend or uh recognitions and complaints and it's a online portal that allows the public to directly get in contact with management and say how we're doing. It also allows us to better manage our personnel and ensure that they are meeting the needs that for the citizens as well as checking to see how they are doing in a snapshot to make sure that the workload is not overwhelming them. Very good. And this is a budgeted item.

It is. Okay. Any further comments or questions? Uh something not included in this. Uh Linda, when is the 911 board due to meet again? I will have to get the date for you. Uh should be will Mr. Barnett Scott, do you do you know the date of that? The next meeting the 911 board. Yes, sir. Not the state board, but the city board. Oh, I thought you was talking about the state board. No, ma'am. The city board. Montgomery. The city board. Okay. Um, we call those as needed. Okay. I thought we were required to have annual meetings.

I don't I don't believe so, but I will verify that with the new Caleb Branch, who's the new executive director of the of the board. Okay. I didn't know having three new members and a new chairman for the 911 board. That would be called for a meeting in itself,

right? I'll certainly look into that. Um the um but when we submit our annual certification each year, we listed all of the new names as being members of the board and sent it to Montgomery. And they asked that question, you know, uh how often and when and we put they were satisfied as needed or when an issue uh arises that we would meet. But certainly if the 911 board here at the city wants to have an an standing annual meeting, we certainly would do that. So, well, it's not like we don't have enough to do already. I I just thought we had an obligation. That's all. Yeah. Thank you.

I'll get back with you. Thank you. Any other comments, questions? I don't know. Thank you. Okay, Miss Cobalt, start with resolution number 880026 authorizing the mayor execute a memorandum of understanding and intergovernmental agreement between the city of Hoover and the University of Alabama for the rental of equipment for the 2026 SEC baseball tournament.

Good evening. Yes, this is a short-term agreement with the University of Alabama. We rent 12 open gate weapon detectors for use at the SEC baseball tournament. We've been doing this for the past several years. They also bring one of their staff members on site should we have any issues or need anything to be resolved. So, um you know, this makes it very much more efficient in getting people in the stadium, especially during high traffic areas because you don't have to hand your bag over to be checked. You can just walk through these um gates for scanning. So, this is a $19,500 expense that is budgeted. Very good. Um, you hear that, Jean? Don't don't pack your

Don't pack during the SEC baseball tournament. Okay. I figure there'll be enough police officers around. Any comments or questions regarding this item? All right, we'll move on to resolution 880126 authorizing mayor to execute an agreement with Eastern Shore Inflatables for equipment rental for Celebrate Hoover Day.

Yes, Celebrate Hoover Day is coming up quick. It's on um Saturday, April 25th. We're looking forward to that. Hope everyone will join us. This is one of our rental companies we would like to use this year. as you mentioned, an agreement with Eastern Shore to provide a variety of items including inflatables, carnival rides, a ferris wheel, a zipline, and more. Um, this isn't a budgeted This is a budgeted expense at $24,985. Very well. Get ready for some apple pie and ice cream. Absolutely.

Any comments or questions regarding this item? Okay, moving on to 880226. Accepting the donation of a sculpture from Manley yielding and authorization of a donation agreement for installation at Star Lake.

Yes. So, um this is something we've been working on for a while. We've wanted to add art to the parks around the town and um I'm excited that Man Manley Yielding has stepped up with an art sculpture he obtained from Birmingham Southern College when they closed recently. Um this sculpture will be installed at Star Lake at the corner of Diodera Drive and Oral Drive. Um he has also um had a plaza designed for that area. He will be um responsible for the installation of the sculpture and the creation of that plaza area. The city will um be responsible for a small section of the sidewalk to be relocated. Um, so there's been discussions ongoing with the arts council, so they're aware of this and um, the park board has approved it as well. This will be a triparty agreement that um, the park board will um, review on Tuesday as well.

Very good. Any comments, questions? Mr. President, I should have so we won't waste time. Wendy, is it possible since we're talking about to show the photos of that sculpture and just the architectural rendering is in a package? If it's hard to get to, I just had to put it on the screen here for the public to see. You want that tonight or Monday night? If she can put it up there just quickly. If not, then we can we can do it on Monday. You sure? I mean, it's giant. It's really tall.

I think if you scroll through the agreement, it's on the back just says exhibits. Hey, so just to save time because I thought you get to it quick a show. I got you. I understand that. All right. Do you want to see what the plaza is going to look like? Yeah, just the plaza. If you can pull that up. If not.

Yeah, it's good. Any further comments or questions? Mr. President, um I am a graduate of Birmingham Southern and I've walked by that statue uh hundreds of times on the way to the library. So, I'm really excited we're going to have that in our city. Any further comments or questions? All right. Thank you. Move on to resolution 880326 authorizing the mayor execute an agreement with the Alabama Department of Transportation for a transportation alternatives program grant for improvements at Lock Haven Park. Miss Rosemary,

good evening. Um we're excited uh the city was awarded a tap grant um from through the MO from ALDOT for Lock Haven Park. And so we're going to be doing um about 3,500 feet give or take of walking trail and there'll be a couple of creek crossings and then um connectivity with the neighborhood. And when it crosses um a street, we're going to be sure there's a ADA compliant um upgraded uh crosswalk there. And it is a million dollar award with 200,000 u a match from the the city. So, it's 800,000 from uh the federal funds and 200,000 from Hoover.

Very good. And 200,000 is budgeted there. Um on next week and excuse me, next meeting there's going to be a uh budget like some transfers of funds that will fund this. But yes.

Okay. Where will the budgeted funds be transferred from? Um we've had some um projects that we've closed out and the the projects are complete but the funds were not closed out. So, um, uh, a traffic signal, um, that's complete at Patton Chapel North and Highway 31, um, from the sidewalk on Chapel Lane, uh, sidewalk on Alcier, sidewalk on Colombana, and sidewalk on Thorn Place. So, they're with the exception of Chapel, which is 95 complete, percent complete, all those are completed projects just to be able to fund this. Any further comments or questions regarding this item? Okay, we will move on to number 11. Thank you. Resolution number 880426 authorizing the mayor to execute a memorandum of understanding between the Federal Bureau of Investigation and the Hoover Fire Department for EMT training and cooperative emergency services support. Chief Bentley.

Thank you, Mr. President. council. Uh, this is a this resolution is a request for a contract orou with the FBI for EMT training. Typically, we don't enter into these contracts, but FBI, they're wanting to uh utilize some of our EMT training that we do regularly as part of their continued education units. Very good. Any comments or questions regarding this item? Thank you, Chief. Uh, moving on. Resolution number 880526 authorizing the mayor to execute a contract with Clear View for software for the Hoover Police Department. Chief Morris,

Mr. President, Council, Mayor, uh, this this uh, resolution number is in reference to some software that we requested back in February that you we did a budget amendment. You approved the budget amendment. We used federal inmate funds to purchase this. It'll be used for our investigative process with our intelligence unit and all of our investigative units to help them identify suspects. And for the for year two and year three, we intend to include that either in our operating expense line item or use federal inmate funds if we need to.

Very good. Any comments or questions regarding this item? Moving on to resolution 880626 awarding a bid for bid number 26-00003 police department uniforms and accessories with municipal and commercial uniform and equipment incorporated. Yes sir. Again through the uh the finance department and our bid specialist. We uh opened a bid they successfully received uh actually one one complete bid package. It was opened at the day when the bids were opened and that was uh from MAC Uniform. MAC Uniform has provided uniforms and services in the past to the city and we've been pleased with their with their services. So, we would recommend uh approving this award. Very good. Any comments or questions?

Mr. President, Chief, what's the total of of that bid? The total for for all the line items this year is a little over $10,000. Thank you. Yes, sir. Any further comments, questions? Thanks, Chief. Yes, sir. Thank you. Moving on to resolution 880726 rejecting all bids received for bid number 26-00001 Hoover Met complex daily and event cleaning and facility services and authorizing readvertisement of the project. Mr. Elen, welcome.

Yeah, good evening. Um, we had a committee comprised of members from Parks and Recreation Building Services and the Hoover Met Complex. We worked with Tina D Clemente to put this bid together out in early January. All we did receive uh eight qualified bids that came back. All exceeded u our budgeted funds uh in consultation with attorney Scott Barnett. We could not significantly change the scope of services or anything like that. So his recommendation was that we reject all bids and modify the scope and reissue the bid. Very good. Any comments or questions regarding this item?

Mr. President, is there time to be able to rebid before the tournament? No, sir. And I think there's been some hesitation to to switch prior to the tournament anyway. Uh we'd like to keep the same contractors we've had the last several several years that they've done a good job for us. Is that going to end up being a no bid situation or uh we're we are going to come back uh in two weeks and ask for an extension of um the current contract through the fiscal year with our current vendor. Thank you, sir. Thank you. Any other comments or questions for Mr. Elen? you you anticipate them maintaining their same unit price costs?

Well, part of it was we had some hourly rates because we had different scopes. We had daily cleaning, we had during uh event cleaning, postevent cleaning, and then full venue cleans. Yeah. And some were hourly rates and some were lumpsum rates. Yeah. And uh like I said, we tried to figure out as a committee how we were best to evaluate it and Mr. Barnett thought we needed to evaluate it in totality. So, I think we can go back and um revise some of the scope that we had put in there, like some pressure washing, window cleaning, and stuff like that to um still get us get us covered for the for the current contract, right? Current contract we're fine. Yeah. So, you But you say you're asking for extension?

We will we will in two weeks. We'll come back and ask for an extension with Pritchard Industries, our current contract. And you think they'll keep their same. Okay. Thank you. Yes, sir. Sorry. No, you're fine. You're fine. Very good. Any other comments or questions? Mr. President, will they be required to have a bond? I would have to ask Dina Dlmente about that. That that's from a couple of meetings back. Yes, I I remember. Any other comments or questions?

Thank you. Resolution number 8812-26 authorizing the mayor to execute a contract continuation letter with Stone and Suns electrical contractors for traffic signal and roadway lighting services. Mr. Promer So that item is going to be pulled and put on the next council session. So

we were told that this was a time-sensitive extension. So yep. So this morning we had discussions that we needed to push that to next session. So it was going to be pulled from the agenda today. Okay. We'll discuss. If we need to pull it on Monday night, we'll pull it. Okay. Okay. You want to fill us in on it just in case we hear it. Yeah. So, this contract for the lighting contract, I didn't bring it with me because it was going to get pulled. Gotcha. So, um Okay. Yeah. We'll we'll move on.

Okay. Thank you. We'll we'll move on to resolution number 8808-26 approving an application for authority to incorporate the Everest Riverchase sewer board authorizing the person's filling said application to proceed to form such corporation pursuant to section 11-50-230 uh section of the code of Alabama. Mr. Mer Good evening. So, the two applications or the two documents uh that are proposed for council action uh as relayed by the council president are both related to the formation of what's known in the code as a government uh utility services corporation acronym GUSK. uh we have proposed the name for that to be the Inverous Riverchase sewer board which is you know a little bit more familiar for those residents that we actually uh provide service to and this is simply keeping with our commitment uh to upkeep upkeep and quantify the city's infrastructure uh and its various needs. A few meetings back, uh, we asked the council for support on a contract with Wagner Engineering, who we are now working with, to inventory, uh, and provide capital planning documents to the council uh, to allow us to make a responsible decision on what investments are required in the sewer system moving forward. Uh a second correlary part to that is the formation of the GUSK which will provide uh in concert with city staff initially and future in the future uh as a standalone group oversight for the operation and maintenance of those uh facilities which are comprised of the two separate sewer plants and um serving around you 15% of the households in the city as well as around 900 households outside of the city currently. Um, so

there are no cost associated with this at this time, but you do have a qualifying petition as certified by Mr. Barnett, one of the city's attorneys that's here. Uh, with the petitioners being Dr. Elizabeth Martin, Mr. Robert Fowler, and Mr. Scott McFaden, and those are also incorporated into the resolution. Uh, traditionally the petitioners for the group are considered as the initial appointees and you'll see the staggered terms in that resolution as reflected by the code of Alabama. Very good. Um, he's referring and we'll go ahead and read that resolution number 8809-26 appointing members to the board of directors of the Everest Riverchase sewer board. Any comments or questions regarding Well, first uh resolution number 8808-26 formation. Uh,

Mr. President if I could um who is going to own the physical assets of the systems once this takes place.

So initially with the two action items that are proposed at this time there is no transfer of physical assets. Uh this is to support the planning and inventory efforts of the city. Um and part of that is uh requires basically some optimization of some different properties that we have. For example, uh we have the archery park in Iness that is a singular parcel, the same parcel in which the sewer plant is located. We need to clean up a few of those items. We're working through title reports and different inventories. Um and at some point in the future when the GUSK uh members and staff present the capital plan to council, I do anticipate that it will be with a a request to transfer those assets at a future date and time. But as of today, these actions merely form the Gusk with no specific obligation to transfer property. Although I do think that is in the long-term plan.

Without digging through all these volumes of paper, which explains why we have so much this time, who are the uh members that would be appointed?

So the three members are Dr. Liz Martin, Mr. Rob Fowler and Mr. Scott McFaten. And so again, they will be working uh and helping direct some of our work on the staff level and with our consulting engineers. Um the net effect of which will be to compile a report and inventory and recommendations to bring back to council um sometime hopefully around I would say August or September. We've already been working on it, but it's appropriate at this time to stand this organization up and begin to familiarize them with the assets of the system as we uh as we basically become familiar with them ourselves.

Can their contact information be provided to the council before Monday? Yeah, I don't see why not. Thank you. Yes, sir. Mr. Smith, any more comments? Yes. So, just a couple of questions. So the and I understand we're going to do a condition assessment to come up with our capital planning efforts. So the the purpose can that still occur without setting up a GU just so I'll kind of know the the condition assessment. Yeah. All the condition assessment associated with it to come up with a capital plan. Can it and I understand the purpose of that. It could uh and and again we've already initiated that process. That's the contract with Wagner was brought to council to begin with, right?

Um again, we the the system has been assessed previously. I know I think last in 2024 which was a report that I had provided to council before we believe those reports are are largely accurate but in order to fully inventory the system the assets and also the obligations of the sewer system which are uh significant and in some cases intertwined uh with city finances. We need to kind of redo that and get that into what I would call a transferable uh a transferable mode to even consider doing that to the Gusk uh which is not possible as of today. Yeah. So, and the and the members on the board are they all employees?

No, none of them are employees. So, no employees. So, um just so I'll know who they are. Can we just get their resume? Yes. And we have those. I know we think you'll find their professional experience to be compelling. Uh and to your question about employees, the code stipulates the qualification of petitioners. Yeah. I I just want to know. And so all three are qualifying residents of the city. Okay. But I believe the code prohibits any of those members from being city employees. Yeah. So So and last question I have the So the council appoints the the GUS board members. The GU board members are recommended by the mayor and they're recommended by

and approved by the council or presented for approval by the council. So, so, so legal just I'll be clear that that's just what the the statute says on this August has to be recommended by the Okay. And then preapprove. Okay. I just want to know the protocol and process associated. Okay. Thank you.

Any other comments or questions regarding this item? Uh any for the resolution number 8809-26 naming the three uh members of the board. Very well. We'll move on. Thank you. These will be public hearings. Uh first is resolution number 8786-26 granting conditional use approval for the operation of event venue at the property located at 2084 Valley Road. Mr. Martin,

good afternoon. Um, I do not have any updates from the first reading. Uh, just a quick reminder, this is a smaller event venue slated for Valley Road in the Riverchase plan unit development. Uh, the property zone PC plan commercial. Uh, this did come with a positive recommendation from the planning commission. Uh there were a couple of uh recommended uh conditions to be placed on approval should the council decide to approve it. Uh the first being that parking and sidewalk on site are to meet the latest accessibility requirements. Two, improvements to the driveway access are to be made in accordance with the traffic analysis that was provided. Three, plans for the site improvements are to be produced by a civil engineer and submitted for permitting. And finally, the applicant would obtain a business license prior to opening.

Very good. Any comments or questions for Mr. Martin regarding this, Mr. President? M uh they are aware of the city noise ordinance about out time outside music, things like that. Yes, sir. Thank you. Any other comments, questions? Very well. We'll move on to ordinance number 262694 to amend ordinance number 263 the city of Hoover titled the zoning ordinance of the city of Hoover, Alabama for the property located at 3269 Monte Dioro Drive to be zoned R1 single family.

Yes sir. Uh this is a property that was previously annexed a smaller donut hole in our city limits and as of right now it is reflected on the zoning map as not zoned. And uh this particular ordinance amendment would be to place an R1 zoning designation on the property which matches the use of the property as a single family residence. Um, our office is asking if the council uh could consider this and the other two reszoning cases that we have on the docket for Monday night uh for the con the public hearing this upcoming Monday night. Uh, but we would like to position these three reasonzoning cases to where they are actually adopted after the council considers approval of the official zoning map. the physical map that we have that's printed does not reflect these three resonings on it. So, just to keep things in an orderly fashion, uh our preference would be for the resonings to occur after uh the adoption of the official map.

Yes. Since the next three ordinances will affect the zoning map, um which the zoning map is further down the agenda on the last one for a first reading again. Uh, I would ask the council to consider moving that zoning map ordinance before these next zoning uh, ordinances that we hear from MAC and consider immediate consideration on Monday night so we can get all that done in one meeting. And uh, we'll have the official zoning map here Monday night unfurled and on display so anybody can take a look at it. Any comments or questions regarding this ordinance for Monty Dior Drive,

Mr. President? Are any of these three that are coming before us, are they uh hurrying along enough to where we would need to consider suspending the rules? Uh the this ordinance involved these are second readings of or of these orders. Okay. But so no need to suspend the rules. Okay. only on the zoning map would we need to suspend. Okay. All right. Thank you, sir. Any other comments, questions?

Okay. Moving on to ordinance number 262691 to amend ordinance number 263 the city of Hoover, Alabama entitled zoning ordinance of the city of Hoover uh for the property located at 204 Shelterwood Circle being zoned from R1 single family to R LSF Legacy single family.

Yes, sir. Uh this property is currently in the city of Hoover and has been for some time. It's currently zoned R1. uh the applicant uh desires to make a front porch addition onto their home that would encroach in the required setback of the R1 zone. Uh so the legacy single family residential district was specifically tailored to allow for covered unenced front porches to extend beyond that 35 foot front setback mark. Um so that is um the request. Uh what the applicant is preparing to do as far as the improvements to the home will meet the requirements of the legacy single family residential district. Uh they have actually obtained a variance from the board of zoning adjustments uh to go forward with their construction project. uh that was conditioned on them submitting a reszoning application to this legacy district which they did. They have uh they've complied with that and so it comes before you with a positive recommendation from the planning commission.

Very good. Any comments or questions regarding this item. All right, moving on to ordinance 262690. uh amend ordinance 263 to city of Hoover uh for the property located at 3236 Pinehurst Drive being zoned to R1 Single Family District. Yes, sir. Uh this is another property that was previously annexed and is currently not zoned according to our official zoning map and therefore we are requesting that it be zoned R1 uh in keeping with the zoning of the surrounding properties. Uh this comes to you with a positive recommendation from the planning commission as well. Very good. Any comments or questions regarding this item?

All right. Now we move on to ordinance number 262689. An ordinance to adopt a revised zoning map of Hoover, Alabama.

Yes, sir. Uh this is to adopt a fresh physical map as required by law for us to have on public display and uh to modify said physical map uh in accordance with any further zoning amendments that this body uh is to approve. Uh the current physical official zoning map that we have has had a number of amendments over time. It was adopted in 2023 and so it's a little worse for wear given the amount of amendments that have been made to it and it was um uh not a very fine paper used for that uh particular print out. Uh this is going to be a much higher quality map as well. So it should be able to withstand uh being in a public place much better than the paper one does right now.

Very good. Um Mr. I would ask that you move this ordinance to uh before number 19 on the agenda, ordinance number 262694, and we will consider this for immediate consideration. Mr. President, I would like to point out that the adoption of the new official zoning map does not carry with it any zoning changes across the city. It is a reflection of the zoning that is in place as of today.

Very good. Any comments or questions regarding this item? Okay, thank you. Moving on. This will be a first reading for ordinance number 262692, ordinance of the city of Hoover to modify chapter 11.5, parks and recreation there too, and to repeal all ordinances and parts of the ordinance of the city of Hoover in conflict therewith.

Yes, sir. This updates our park rules to the park classification system as it was included in the parks and public spaces plan and it's recommended by a collective team that included representatives from parks and recreation, park maintenance, police and fire as well as reordering some of the rules for the classification and consistency as well as the addition of some specific rules related to preserves and public gardens. So there's several different classifications of the parks and some of the updates include um these were minor updates. Um like for active parks it establishes the core rules and um ordinances for all parks. The P so for passive parks it builds on the core rules but it adds no swimming because some of those passive parks include lakes. Under preserves, it expands on the core rules, but it adds no glass or bl breakable containers and no altering plants to protect the environmental integrity of these spaces. It also adds no organ organized sports since there's no um athletic fields or preserves preserve on the properties. For the pro public gardens, it adds um no unauthorized tents and no bird seed. um so that doesn't cause any um issues with those that use those spaces. So overall it um updates all the rules and with the approval it will allow us to um update all the signage in the parks which is desperately needed and include this ordinance on um the signs to help with enforcement.

Very good. This will be a first reading on Monday night. Uh any comments or questions for Miss Kobal? Do you happen to have a redline version uh that tracks the changes from old to new? We don't. I can send you um a comparison, but the way it was formatted, it would be all redlinined. So um we can get that to you um tomorrow. Okay. Thank you. Sure. Any other comments, questions? Okay. Thank you.

For the next two items, I will be abstaining. So I will pass the gavl along to Proim Driver on the next two. Item number 24 on the regular agenda, resolution number 8810-26, is a resolution of acceptance of employees request to review the March 23rd, 2026 personnel review board disciplinary decision. Mr. City Attorney, Mr. Brunson, this I'm sorry. Go ahead. Go ahead, Johnny. I'm gonna answer any question. Okay.

Johnny's done the heavy lifting on this. That's why he jumped up so quickly. So, I don't want to steal his thunder. Uh, but this is an appeal from an employee. There was a disciplinary action under our rules. Uh, you have a a personnel review board. It's not a personnel board. It's a review board. They reviewed the actions of the supervisor in the discipline. they determined that the discipline was appropriate, the employee has the right to appeal that decision to the city council. So that's what this is. Any questions or comments?

Uh Madame President, um Mr. attorney and and I know we've talked to this uh at length, but I know that talking about the good name and character that does not qualify for an executive session even though you would come out to the public to make any votes. This is kind of a unique situation. Hasn't been come before the council. Never. It's never occurred in this city.

That's correct. Never has. And we've discussed this among ourselves without any guidance on here would appear that when the employee determines that he or she is going to appeal that decision to the council, then they waved any right to claim uh good name and character. So, you can have whatever whatever the discussion is. And I say that because the the uh law that you have, the ordinance clearly says these are public documents. So it would would seem to me that it would intend for these to be a public meeting here and you'd have some discussion about it.

If the council were to choose to go into executive session, would it be legal? Would it be legal to do what? to go into executive session talking about the good name and character of an employee. I think they waved that when they made the appeal to the board. Even though they waved it and if the council chose if you chose to do that to do it, would it be legal?

The the council can determine its own intentions even though you didn't pass this. You can declare what that is. So if the council wants to take the action of somebody saying I want I make a motion that we clarify this and determine that uh good naming character uh should be an option for the employer should be an option for the council or should be an option for the city then you certainly do that because you I'm just throwing it out there for consideration that's all

you you'll well the first step is going to be to actually accept this it's been appealed So the first step is to accept it and then the next step would be for you if you choose to have a discussion about it. But if you want to go into executive session, it' be my recommendation that you have a motion that you clarify the intention of this ordinance and that the intention of the ordinance is that the any discussion of good name and character be executive session. And that means probably any discussion that you have will not be public. But you can declare that.

Madame President, um I don't know what the intentions of the council are, whether we're going to vote to hear the appeal. Um but if we do, should we ask uh the city attorney to come up with a document um just in case we were to asked to go into executive session uh stating that providing whatever legal reasons and you being an attorney, I think that probably you would be able to sign off on it as well. not necessarily signing the document, but uh using your legal mind to be able to understand um the the point that the city attorney is using if it is qualified as an exemption from the state sunshine law.

U well I certainly think we could get something written up by the city attorney. That's not a problem. We can do a one sheeter that'll be really easy for you to follow. So, if you determine that f first step is accepting the appeal and determine that you want to get involved. Yes, sir.

That's got to pass first. If that passes, then the next step is going to be how you want to do this. And we'll tell you what we think the law says. But it goes back to what I said just a moment ago. You are the legislative body. You can interpret your own ordinances however you choose. And if an ordinance is not clear and this one is not clear on that issue then you can say it's the intention of the council that these uh hearing this that that the discussion of this because by the very nature of what it is is going to be good naming character. So by the very nature of that being good naming character any discussion of this would be done privately and then you would have to come out according to the law you'd have to vote in the the open meeting.

Thank you madame president. So and thank you for that city attorney. I would since we public recommend because this is a unique situation for Hoover that we uh set precedents the same way on good name and character as it to be something that's not in the public just to protect individuals but uh correct me if I'm wrong and just to clarify executive session I want everyone to understand that it it no decision is made in there in executive session or um is is clearlyformational uh information to ask questions but anything that happens occur publicly. So I just want to be clear and correct me if I'm wrong on that. Anytime a meeting takes place in a session the body is not determining how each other will choose to vote on something. is clearlyformational in essence to protect uh the name of character or any other statue that's within that bucket associated with it. So, and correct me if I'm wrong, I messed up on some um language associated with it, but I would I would I would recommend that anything with perceived as good name and character that can be supported by our legal team remain that. And that's just my my two cents. Yeah, whatever happens in the executive session should stay within the executive session. That's that's the purpose of that's why it's outside of the the public. So, uh we can um we can give you a checklist and we can also prepare a resolution that if you want to clarify and say that this um involves good name and character and we'll go into executive session that that was the intention of this particular ordinance. We if you you can you can make arguments on either side.

You can say well if they intended for this to be public since they said that is the the records are open then they should have said that the good naming character should be done openly. You can make that argument. So if you you get half dozen lawyers that tell you that you go on either side of this. We just happen to heir on the side of transparency. But if the council determines that that you want this to be in executive session, you certainly can clarify that. Mr. Wald, I wasn't trying to suggest one way or the other. I would just understand the options. That's

and and I I'm just telling you I'm trying to explain our opinion because there's not any case law on this to help us out and there's not any there's a number of opinions that we've looked at. So we in the in the scope of going through this we aired on the side of transparency but if the council determines that this is something that should be done privately but Mr. Wald let me ask you a question you um the to Mr. Smith's point and then to Mr. Murphy's point uh in that in the executive session a vote cannot be taken which brings up the next item. That's correct.

Which would be uh item number 25 that we're under a timeline also on this. You got to you need to make that decision then when you come out. You need to make that decision. And it would be inappropriate for you to share with each other how you're going to vote in executive session or attempt to be persuasive of some other vote. The only thing that you can discuss in executive session if you clarify your ordinance is good name and character. That's it. Nothing else. So your point is he's made this public. So it should be he's

that's what that's what we've decided, but you could I I can make the argument on the other side just as easily. But if the council will take a position on it and say this is what we believe our ordinance means, then you can you can do the executive session. We have to certify you going into executive session. That's what the law requires. We're not going to certify that, but you can clarify it and then we'll certify it. If you tell us this lawyers, you didn't understand that we it was the intention of the council that these uh good name and character not be waved and that will be done in executive session. At that point, we say we we certify this is an exception.

Mr. city attorney. Would it be appropriate for your team to go ahead and prepare the the paperwork and the documents as as Councilman Smith suggested so that we can make that determination on Monday night one way or the other? Absolutely. Okay. Thank you. Yeah. So, I assume by that you mean since you're going to be chairing that portion of it, you mean have a resolution that clarifies it? That clarifies it. Yes. And we've we've looked at this quite a bit and we leave it up to y'all. You make your decision. If you want to be in executive session, not a problem.

And just to be clear, when we we um talk about going into executive session to discuss the good name and character, would that include an opportunity for um legal counsel for each side to present anything to us? So that would happen publicly no matter what.

Yeah. You know, there again, this it it is our opinion that if you accept this appeal and you say you want to get involved in determining whether or not you will uphold the appeal, then any discussions about that would be public um about if you if you want to give a reason, you don't have to. But if you say, "Well, I think that it was too harsh. I think it was not it was too lenient." You can say whatever you want to about that. But you can't get new evidence because the purpose of this is to review the evidence of what occurred and what the personnel review board reviewed. It's not about anything that's new. There there shouldn't be any introduction of additional evidence into it.

So it'll just be the binders that we were already provided.

Yes. I there again if if in the in the clarification since this is such a vague ordinance if you wanted to allow uh each side 10 minutes, 15 minutes, half an hour, whatever to make any argument they wanted to, you could do that, but I can't imagine how that's part of a review process. Madam President, last question to back to to make sure I'm clear on what uh Council Driver just stated. Uh whatever process is taken um whether it's executive session or in public, there's no stipulation associated with that. So if you if you grant both parties opportunity to make certain statements, there's no variance on whether what can happen in executive session versus public. We just need to set what that process is, whether no new information can be added.

There's there's no reason for legal counsel to make any discussion in executive session. Yeah. And that doesn't change if it's public. That same thing, same process. Okay. So, the council is restrained from being able to ask questions to clarify things within the paperwork that we've been provided.

I don't think you're restrained, but there again, the the the purpose of this is to review. So, if you we can I I suppose we can give you a checklist on the resolution of things that you want to say clarifying. If you want to put one in there that says that you want to hear, you know, that each side will be allowed to argue their side of the case, you can put that in there. We can do it that way. We can give you a couple of different resolutions. How about that? We give you one that clarifies uh the um the executive session issue. We'll give you another one that um clarifies whether or not you will accept um arguments from council. If so, what's the

with the latter one? That would be public. Okay. That would not be an executive session. Yeah. Yeah. Got it. Any other questions? No, ma'am. All right. I think we've effectively covered number 25, but I'll read it anyway. Resolution number 8811-26, a resolution in M. Madam Chair, let me back up. So, somebody made the comment about, you know, we're doing this for the president. I would hope that when we get through this, since this is the first time in 30 years, I would hope that when we do this, we can come back and talk with you about a better way to handle these personnel reviews and and appeals. Okay? So, I hope this going to be a one-off.

Well, certainly, we look forward to hearing your advice on that. Thank you. Resolution number 8811-26 is a resolution in consideration of whether to uphold, rescend, or modify the March 23, 2026 personnel review board disciplinary decision. Any further questions from the council? All right, I believe we uh have completed the agenda. If there's nothing else, then we adjourn.