HomeMy WebLinkAboutCity Council_Regular Session_Minutes_06_26_2023STA TE OF ALABAMA
COUNTY OF BALDWIN
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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, 26 June 2023.
10097
Present were Council President Jay Robinson, Councilmembers: Jack Burrell and Jimmy Conyers, City Attorney Marcus E. McDowell, and City Clerk Lisa A.
Hanks. Councilmembers: Corey Martin and Kevin Boone, and Mayor Sherry Sullivan
were absent.
There being a quorum present, Council President Robinson called the meeting
to order at 6:05 p.m. The invocation was given by Pastor Bill Quinn of Trinity
Presbyterian Church and the Pledge of Allegiance was recited.
Council President Robinson stated there was a need to add on an agenda item
after Agenda Item Number 19: a resolution that the City of Fairhope, Alabama enters
into a Reimbursable Agreement with the State of Alabama, acting by and through the
Alabama Department of Transportation relating to a project for U. S. 31 Gas Main
Relocation -3,800 Linear Feet of 6" Steel Gas Main and Appurtenances; The total
estimated reimbursable cost including Engineering is $1,045,797.07.
Councilmember Burrell moved to add on the above-mentioned item not on the
printed agenda. Seconded by Councilmember Conyers, motion passed unanimously
by voice vote.
Councilmember Conyers moved to approve minutes of the 12 June 2023,
regular meeting; and minutes of the 12 June 2023, work session. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Haymes Snedeker is hereby appointed as
Municipal Judge. The term of the Municipal Judge shall serve a two-year term (July
1, 2023 through July 1, 2025) and until a successor is elected by the council and
qualified. Section 12-14-30, Code of Alabama, 1975. Seconded by Councilmember
Conyers, motion passed unanimously by voice vote.
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26 June 2023
RESOLUTION NO. 4775-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that HAYMES SNEDEKER is hereby appointed as Municipal Judge.
The tenn of the Municipal Judge shall serve a two-year term (July 1, 2023 -July 1,
2025) and until a successor is elected by the council and qualified. Section 12-14-30,
Code of Alabama, 1975.
ADOPTED 26TH DAY OF JUNE, 2023
ATTEST:
City Clerk
The Honorable C. Joseph Norton, Circuit Judge, 28th Judicial Circuit of the
State of Alabama, then gave the Oath of Office to Haymes Snedeker as Municipal
Judge. (A Signed Oath of Office is inserted at end of these minutes.)
Judge Haymes Snedeker addressed the City Council and thanked them for allowing
him to serve as the City's Municipal Judge. He thanked his support staff of Teresa
Moyer, Berry McKelvain, Paige Stable, and City Prosecutor Marcus McDowell who
are the ones that make the Court run smoothly. Judge Snedeker mentioned that
Fairhope Municipal Court will be the pilot Court for AlaCourt Plus. He explained the
new program and how it will help streamline Municipal Court.
No one spoke during Public Participation for Agenda Items.
Councilmember Burrell said he liked the plans for the park; and is looking
forward to the final plan.
Councilmember Conyers mentioned Independence Day and the great
fireworks event.
Council President Robinson thanked Conrad Havranek and Jason Langley for
their service with the City of Fairhope. He said we are appreciative for your work.
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26 June 2023
Council President Robinson commented if you are watching, enjoy your retirement.
Councilmember Burrell said let us give them a hand. Everyone clapped for both of
them.
A Public Hearing was held as advertised on the request for a Package Store
License by Melissa B. Lane, Lane Beckner, LLC, d/b/a Kathy's Package Store
located at 18153 Wright Blvd., Fairhope, AL 36532.
The public hearing was opened at 6: 15 p.m. No one present opposed the proposed
Package Store License. The public hearing closed at 6: 15 p.m. Councilmember
Burrell moved to approve the issuance of the license. Seconded by Councilmember
Conyers, motion passed unanimously by voice vote.
Councilmember Burrell moved for final adoption of Ordinance No. 1776, an
ordinance to annex the Celebration Church, Inc. f/k/a Fairhope Assembly of God
Church, Inc. property located at 8180 Dyer Road, Fairhope, Alabama. Tax Parcel 46-
02-09-0-000-009 .000 (PPIN 50796) containing 5.00 acres, more or less. (Introduced
at the June 12, 2023 City Council meeting) Seconded by Councilmember Conyers,
motion for final adoption passed by the following voice votes: A YE -Burrell,
Conyers, and Robinson. NAY -None.
Councilmember Conyers moved for final adoption of Ordinance No. 1777, an
ordinance repealing and replacing Ordinance No. 1520 an Ordinance Allocating the
Funds Collected from The City of Fairhope's Sales and Use Tax. (Introduced at the
June 12, 2023 City Council meeting) The motion was seconded by Councilmember
Burrell. He explained the ordinance is not to increase taxes but to increase the Rainy
Day Fund from $7,000,000.00 to $10,000,000.00. After further discussion, motion for
final adoption passed by the following voice votes: A YE -Burrell, Conyers, and
Robinson. NAY -None.
Councilmember Conyers moved for final adoption of Ordinance No. 1778, an
ordinance amending Ordinance No. 1385 known as the City of Fairhope's Sales and
Use Tax Ordinance; and repealing and replacing Ordinance No. 1521, Section 6. Use
of Proceeds. (Introduced at the June 12, 2023 City Council meeting) Seconded by
Councilmember Burrell, motion for final adoption passed by the following voice
votes: AYE-BmTell, Conyers, and Robinson. NAY -None.
Councilmember Burrell introduced in writing an ordinance amending
Ordinance No. 522 and repealing and replacing Ordinance No. 1727 Parking
Authority; Section 20-31: adding ( c) The Parking Authority or Committee may
remove any member who misses more than (2) consecutive meetings. Due to lack of
a motion for immediate consideration, this ordinance will layover until the July 10,
2023 City Council meeting.
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26 June 2023
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Petiole Drive within the City limits will be
accepted for maintenance by the City of Fairhope from the Baldwin County Highway
Department. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
RESOLUTION NO. 4776-23
WHEREAS, based on the fonnal request by the Baldwin County Commission, that
the City of Fairhope is hereby accepting for maintenance, from the Baldwin County
Highway Depaiiment, Petiole Drive within the City limits, and;
NOW, THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA, that Petiole Drive within the City limits will
be accepted for maintenance by the City of Fairhope from the Baldwin County
Highway Department.
DULY ADOPTED THIS 26TH DAY OF JUNE, 2023
on, Council President
Attest:
�if�
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the public improvements indicated herein
for Hill Top Subdivision, Phase II are hereby accepted for public maintenance subject
to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance
and Guaranty Agreement between the City of Fairhope and Two Hands Design &
Development, LLC. Seconded by Councilmember Bun-ell, motion passed
unanimously by voice vote.
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26 June 2023
RESOLUTION NO. 4777-23
WHEREAS, the Owners of Hill Top Subdivision, Phase II desire to have all public streets
and public right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama, on Slide 2067820, and all Fairhope public utilities located in
public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the
project that the design and capacity of the public improvements have been designed in
confonnance with City requirements, and;
\VHEREAS, the Public Works Director has indicated that the improvements meet City
requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Hill Top
Subdivision, Phase II, maintenance bonds for the public improvements constructed for a
period of 2 years, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Hill Top
Subdivision, Phase II, perfonnance bonds for the public improvements needed to be
constructed in the public rights of way of Hill Top Phase I for a period of 2 years, recently
accepted from Baldwin County and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA, that the public improvements indicated herein for Hill Top
Subdivision, Phase II are hereby accepted for public maintenance subject to the bond posted;
and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement
between the City of Fairhope and Two Hands Design & Development, LLC (the
"Subdivider").
BE IT FURTHER RESOLVED, this resolution of acceptance shall not obligate the City of
Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of
the public streets, or any irrigation systems installed within the right-of-way of public streets,
whether or not such may be located within dedicated easements in any of these developments.
Adopted this 26th day of June, 2023
Attest:
tdii:&ic/4L-City Clerk
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26 June 2023
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves procurement
of Maintenance and Repair Services for the Electric Department SCAD A to Electric
Machine Control, Inc. with a budgeted not-to-exceed cost of $70,000.00. Seconded
by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4778-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1]That the City of Fairhope did solicit quotes for the Procurement of Maintenance
and Repair Services for the Electric Depaiiment SCADA System.
[2]After evaluating the quotes with the required specifications, Electric Machine
Control, Inc. is now awarded the Procurement of Maintenance and Repair Services
for the Elect1ic Department SCADA System with a budgeted not-to-exceed cost of
$70,000.00.
ADOPTED ON THIS 26TH DAY OF JUNE, 2023
Attest:
"aAanks�MC
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of Survalent Technologies Software Support/Maintenance for the
Electric Department SCADA System from Survalent Technolo gy, Inc. (#28129) as
Sole Source Supplier with a budgeted not-to-exceed cost of $39,971.00. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
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26 June 2023
RESOLUTION NO. 4779-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of Survalent Technologies
Software Support/Maintenance for the Electric Department SCADA System from Survalent
Technology, Inc. (#28129) as the Sole Source Supplier. In order to obtain support at this time, a
one-time reinstatement fee of $18,224.00 is required for the period of June 29, 2021 -June 28,
2023 with activation fee of$20,747.00 for the Gold Support Plan for one (I) year. Procurement is
exempt from fonnal bid pursuant to Competitive Bid Law, Code of Alabama 1975, Section 41-
16-51(13) with a budgeted not-to-exceed cost of$39,971.00.
Attest: .,� City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of materials to rebuild the screen at the Wastewater Treatment Plant for
the Wastewater Depa1iment from Veolia Water Technologies Canada, Inc. (#4415) as
the Sole Source Supplier with a budgeted not-to-exceed cost of $35,997.70. Seconded
by Councilmember BmTell, motion passed unanimously by voice vote.
RESOLUTION NO. 4780-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City of Fairhope approves the procurement of the materials to rebuild the
screen at the Wastewater Treatment Plant for the Wastewater Department from Veolia Water
Technologies Canada, Inc. (#4415) as Sole Source Supplier for parts and materials necessary to
repair the John Meunier Screens. Procurement is exempt from fonnal bid pursuant to Competitive
Bid Law, Code of Alabama 1975, Section 41-16-51 (7) with a budgeted not-to-exceed cost of
$35,997.70.
ADOPTED ON THIS 26TH DAY OF JUNE, 2023
Attest:
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26 June 2023
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of Internet Service for the Fairhope Police Department Greeno Road
Annex from Southern Light, LLC dba Uniti Fiber (#23279) for a not-to-exceed
amrnal cost of $5,940.00. Seconded by Councilmember Burrell, motion passed
unanimously by voice vote.
RESOLUTION NO. 4781-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1]That the City of Fairhope approves the procurement of Internet Service for the
Fairhope Police Depaiiment Greeno Road Annex from Southern Light, LLC dba
Uni ti Fiber (#23279) for a not-to-exceed amrnal cost of $5,940.00.
[2]Original agreement for backup internet service for N. Section Street and primary
provider for Quail Creek locations was awarded in 2021 (Bid 010-21) and (COF
Project No. 1873). This would be an additional charge to the existing contracted
services.
ADOPTED ON THIS 26TH DAY OF JUNE, 2023
Attest:
i51���nks,'Mc
City Cle
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves to reclassify one
Water Teclmician I (Grade 6) to Utility Intern Position (Grade 3) for three months;
and then revert back to a Water Technician I position. Seconded by Councilmember
Conyers, motion passed unanimously by voice vote.
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26 June 2023
RESOLUTION NO. 4782-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council approves to reclassify one Water
Teclmician I (Grade 6) to Utility Intern Position (Grade 3) for three months; and then
revert back to a Water Technician I position.
ADOPTED THIS 26TH DA Y OF JUNE, 2023
ATTEST:
�,MMC
City Clerk
Councilmember Bun-ell in troduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope authorizes submission
of a grant application to Blue Cross Blue Shield National Fitness Campaign
requesting an FY2023 Fitness Grant in the amount of $40,000.00; and authorizes
Mayor Sullivan to sign the required grant documents on behalf of the City. Seconded
by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4783-23
AUTHORIZING THE SUBMISSION OF AN FY23 GRANT FROM
BLUE CROSS BLUE SHIELD NATIONAL FITNESS CAMPAIGN
WHEREAS, the Blue Cross Blue Shield National Fitness Campaign is accepting grant
applications for the FY 2023 Fitness Grant Progra m; and
WHEREAS, the City of Fairhope has iden tified a need to install a Fitness CoUI1 to
provide an outdoor gym to help build a healthy community; and
WHEREAS, the total project cost estimate is $120,000.00 and the City is requesting $40,000.00 in FY2023 Fitness Grant Program with Fairhope Rotary donating $40,000.00;
and the City's match being $40,000.00; and
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26 June 2023
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF FAIRHOPE, That the City of Fairhope authorizes submission of a grant application
to Blue Cross Blue Shield National Fitness Campaign requesting an FY2023 Fitness
Grant in the amount of $40,000.00; and authorizes Mayor Sullivan to sign the required
grant documents on behalf of the City.
Adop ted on this 26th day of June, 2023
Attest:
�nks,MN1C
City Cieri<
City Council reviewed an application for a Restaurant Liquor License by
Christopher Cullen, El Banio Fairhope, LLC d/b/a Nini Squares, located at 451
Magnolia A venue, Fairhope, AL 36532. Councilmember BmTell moved to approve
the issuance of the license. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
Councilmember Burrell moved to approve the following recommendations of
the Street & Traffic Control Committee from the June 6, 2023 meeting: Number 1,
Number 2, and Number 4; and to table Number 3.
1.Three-way stop installed at Gayfer Avenue and Blue Island; and
2.Temporary speed bumps to be installed on Nichols Avenue just west of Hester Street
(South Entrance to Hawthorne Glenn); and
3.Removal of previously installed speed bumps on South Ingleside Street between
Fairhope Avenue and Morphy Avenue; and
4.Change Pine Street between Fairhope Avenue and Bancroft Street to a one-way street
traveling East.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope, Alabama enters into a
Reimbursable Agreement with the State of Alabama, acting by and tlu-ough the
Alabama Department of Transpo1iation relating to a project for U. S. 31 Gas Main
Relocation -3,800 Linear Feet of 6" Steel Gas Main and Appmienances; The total
estimated reimbursable cost including Engineering is $1,045,797.07. Seconded by
Councilmember Bun-ell, motion passed unanimously by voice vote.
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26 June 2023
RESOLUTION NO. 4784-23
BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE AS FOLLOWS:
That the City of Fairhope, Alabama enters into a Reimbursable Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation
relating to a project for:
U. S. 31 Gas Main Relocation -3,800 Linear Feet of 6" Steel Gas Main and
Appurtenances; The total estimated reimbursable cost including Engineering is
$1,045,797.07.
Volkert Project Number: 648012
ALDOT Project Number: HSIP-0009 (642)
Which agreement is before this Council, and that the agreement be executed in the name of the City of Fairhope, by Mayor She1Ty Sullivan for and on its behalf and that it be attested by the City Clerk, Lisa A. Hanks, and the official seal of the City be
affixed thereto.
BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City.
I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 26th of June, 2023, and that such resolution is on file in the City Clerk's Office.
Attest:
�./l �k isaAanks; c City Clerk
No one spoke during Public Participation for Non-Agenda Items.
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26 June 2023
At the request of the City Attorney, Marcus E. McDowell, the City Council
will rise from the meeting to go into Executive Session based on Section 36-25A-
7(a)(3) to discuss imminent or potential litigation. The approximate time to be in
Executive Session is 45 minutes. Councilmember Conyers moved to go into
Executive Session. Seconded by Councilmember Bunell, motion passed unanimously
by voice vote.
26 June 2023
Exited the dais at 6:34 p.m. Returned at 7: 14 p.m.
Councilmember Bunell moved to adjourn the meeting. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:15 p.m.
City Clerk
STATE OF ALABAMA
COUNTY OF BALDWIN
CITY OFF AIRHOPE
OATH OF OFFICE
MUNICIPAL JUDGE
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L HAYMES SNEDEKER, solemnly swear that I will support the Constitution of the United States
and the Constitution of the State of Alabama, so long as I continue a citizen thereof: and that I will
faithfully and honestly discharge the duties of the office of Municipal Judge upon which I am about
to enter, to the best of my ability, so help me God.
(Sigoed) �
Haymes Snedeker 10109