HomeMy WebLinkAbout01-25-2010 Regular Meeting5265
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, 25 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 Reverend Tony Hinton, Music and Worship
Pastor of Faith Baptist Church, and the Pledge of Allegiance was recited. Council
President Mixon asked if there were any corrections to the minutes from the 11
January 2010, regular meeting. He then stated if there are no corrections, the minutes
stand approved as written.
Mayor Timothy M. Kant addressed the City Council and reported on the
following items:
• Article regarding the City of Fairhope in "USA Today."
• Senior Bowl practice at the Fairhope High School stadium.
• Walter Lewis in the audience
• Recapped the September 30, 2009 year end and stated we need to tighten our
belt for two more years.
Earl Blackmon from Hartmann, Blackmon and Kilgore presented the CAFR for the
fiscal year ending September 30, 2009. He discussed briefly the main points of the
audit and read several excerpts from the letter of transmittal.
Mayor Kant presented Rose Fogarty the CAFR Plaque and thanked Ms. Fogarty and
her staff for a job well done. Ms. Fogarty introduced Jill Cabaniss, the City
Accountant, who was in charge of collecting all of the financial data with the help of
Nancy Wilson, Belinda Job, and many department supervisors.
John Borom, President of the Audubon Society, addressed the City Council and said
the Audubon Society donated $800.00 for the Purple Martin Project. The City will
purchase eight new bird houses. Mr. Boron gave an update on Birdfest and
mentioned people from 21 different states came to see our birds.
5266
25 January 2010
Liz Chandler, Fairhope Recreation Center Director, addressed the City
Council and gave an update on the success of the Fairhope Recreation Center via a
Power Point presentation. Ms. Chandler briefly went over the following statistical
data for the Recreation Center:
January 25, 2010
Re: Rec Center Membership Statistics
Liz:
The attached spreadsheet contains Membership Statistics as of Monday, O1/25/10. Several things can
be gleaned from these statistics, for example:
• Total Revenues to date are $147,050. Projected Annual Revenues from current memberships
are $263,140.
• Total Memberships are at 572 and total members at 1300. The difference between the two,
being the 728 dependent members in family and couples memberships.
• The yearly memberships are currently the most popular with 295 in that category, 52% of the
total of all memberships. The monthly memberships are the next most popular with 1161
memberships. the three (3) month category has 115 memberships
• The single category having the highest number of memberships is the Senior Couple Yearly
category at 102 total memberships. The Family Yearly category is next at 64 total
memberships.
• 224 memberships are in Senior categories of one type or another, 39% of all memberships.
• There are 161 total memberships in the Monthly categories. Most of those one would expect to
sometime change to a lower cost, longer term membership category. Front Desk staff will
comment about that to members making their monthly payments.
• City of Fairhope employees comprise only 34 total memberships. Of those, only 20 are in the
new offering of committing to a year but making monthly payments. Considering that the City
has about 250 employees, this would seem like a rich area to mine for prospective members.
• There are only 3 non-resident memberships. The Rec. Center's non-resident membership dues
are quite a bit higher than the resident membership dues but still on par with or less than other
fitness centers on the Eastern Shore. Word of mouth and "issues" at other facilities will likely
lead to increases in non-resident memberships.
• There have been only 10 transfers from Pool Memberships. It may be worthwhile to learn from
the pool staff which Pool Members have more than 6 months remaining on their memberships
and then advise those pool members of the offer to discount the Rec Center's annual
membership for the value of their remaining pool membership.
5267
25 January 2010
MEMBERSHIP STATISTICS AS OF MONDAY 01/25/10
Membership a
Year
3 - Month
Monthly
Comments
Couple Monthly
42
Couple 3-Month
29
Couple Y Non -Resident
2
Couple Yearly
27
Family Monthly
34
Family 3 - Month
21
Family COF Yearly
9
Family COF Annual Deal
14
Payments made monthly
Family Yearly
64
Famil Yearly Non -Resident
1
Transfer from Pool Membership
10
Rec Center Employee
9
Senior Couple COF-Monthly
1
Senior Couple Monthly
23
Senior Couple COF 3 - Month
2
Senior Couple 3 - Month
28
Senior Couple Yearl
102
Senior Single COF Annual Deal
1
Payments made monthly
Senior Single Monthly COF
2
Senior Single Monthly27
Senior Single 3 -Month
15
Senior Single COF Yearly
3
Senior Single Yearly
20
Single Adult COF Monthly1
Single Adult COF Annual Deal
5
Payments made monthly
Single Adult Monthly
32
Single Adult 3- Month
20
Single Adult COF Year]
3
Single Adult Yearl
24
rotals 295 115 161
Total Number of Memberships!728
Total Number of Members
Total Number of Dependent
Members
Total Revenues to Date $147,050
Projected Annual Revenues from
Current Memberships[ $263,140
Ed Bishop, Baldwin County Commissioner, addressed the City Council and
stated he was here to work with the Council and improve the quality of life. He
mentioned several projects that the County was working on: Highway 181 being 4-
laned, Highway 13 from Barnwell to Highway 90, Courthouse expansion, Magnolia
Landfill and "Team Green," sidewalks, trailblazers, paving and resurfacing, and new
bus station (transit hub). We need to work together for the community.
5268
25 January 2010
Councilmember Kingrea announced there would be an open forum regarding
the alcohol sales ordinance. At this time it is scheduled for February 3, 2010 at 6:00
p.m. The location is not definite, but hopefully will be in the Council Chambers.
Council President Mixon stated that he had received several compliments for
Chief Press and his staff for the way they handled the Senior Bowl overflow traffic.
He also mentioned this was a "Red Letter Day" because after 28 years on the City
Council, Mike Ford was on the radio.
City Administrator Gregg Mims addressed the City Council regarding the
following items:
• Newly drafted Educational Assistance Program policy is on the Mayor's desk
for review and should be presented to the City Council at the next meeting.
• Process to pre -qualify Professional Engineering Services is almost complete
and should be presented to the City Council soon.
• 5-Year Plan is being worked on and will be presented to the City Council in
March.
Council President Mixon stated a Feasibility Study Advisory Committee is being
formed to assist in gathering information for Dr. Harvey. The Committee will make
no recommendations, just gather data. The following will be liaison members: City
Councilmembers, City Clerk Lisa Hanks, City Treasurer Nancy Wilson, City
Administrator Gregg Mims, FAC Chairman Chuck Zunk, and BCBE School Board
Representative Bob Callahan. Mayor Kant will be a member of the Committee.
Council President announced Councilmember Quinn would be the chair of the
Committee. Councilmember Quinn moved to appoint five members to the Feasibility
Study Advisory Committee: Mike Lucci, Amanda VanderHeyden, Jim Ketchum,
Mike Keating, and Terri Bishop. Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
Councilmember Ford moved to approve the request from Debbie Quinn to
attend the Mayor's Design Summit in Montgomery, February 17-18, 2010. Seconded
by Councilmember Kingrea, motion passed by the following voice votes: AYE —
Stankoski, Mixon, Ford, and Kingrea. NAY — None. Councilmember Quinn recused
herself.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution supporting community gardens at the K-1
Annex field. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
5269
25 January 2010
RESOLUTION NO.1609-10
Resolution to Support a Community Garden at K-1 Annex Field
WHEREAS, the Local Food Production Initiative is a nonprofit 501(C)(3)
organization formed to support the development of community gardens and other
local food initiatives in the Fairhope area, and
WHEREAS, many Fairhope residents do not have suitable space for home
garden sites and/or lack gardening skills; and
WHEREAS, community gardens provide healthy recreation and promote
community spirit and pride; and
WHEREAS, space is now available and underutilized at K-1 Annex Field;
and
WHEREAS, the Local Food Production Initiative has agreed to construct and
manage a community garden open to all Fairhope residents on a first come, first serve
basis, at no significant cost to the City,
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING
BODY OF THE CITY OF FAIRHOPE, ALABAMA that The Fairhope City
Council supports the establishment of a community garden at K-1 Annex Field and
directs the City Attorney and the City's Parks and Recreation Director to work with
Local Food Production Initiative representatives on a contract with the City regarding
siting, "hold harmless" agreements, garden rules, garden maintenance, water hookups
to the existing lawn irrigation system, and other provisions to ensure a successful
community garden to include up to 20 raised beds (4 ft by 12 ft each).
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA, this 25th day of January, 2010.
ATTEST:
is4AHanks? City Clerk
5270
25 January 2010
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Timothy M. Kant to execute an
agreement between the City of Fairhope and BES, Inc. for 2009, to conduct
environmental consulting services to maintain compliance with conditions of the MS4
Permit. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
RESOLUTION NO. 1610-10
WHEREAS, the City of Fairhope shall enter into agreement with BES, Inc. for 2009,
to provide environmental consulting services in an effort to maintain compliance with the
conditions of the Municipal Separate Storm Sewer System (MS4) Permit; and,
WHEREAS, to provide environmental consulting services, the following plan of
action will be implemented by BES, Inc.:
1. Represent the City at meetings of the Stormwater Consortium.
2. Address related correspondence on behalf of the City.
3. Complete the annual stormwater sampling and analysis (one time each
year).
4. Complete and submit the City's required annual report.
WHEREAS, the cost to provide environmental consulting services shall not exceed
$1,200.00; and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute an agreement
between the City of Fairhope and BES, Inc. for 2009, to conduct environmental consulting
services to maintain compliance with the conditions of the MS4 Permit.
ADOPTED THIS 25TH DAY OF JANUARY, 2010
Attest:
Lisa A. nks, City Clerk
5271
25 January 2010
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
execute an Agreement for Engineering Services with Custom Engineering Solutions
to perform an Electric Distribution System and Arc Flash Assessment Study for the
Electric Department of the City of Fairhope. Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
RESOLUTION NO. 1611-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute an Agreement for Engineering Services with Custom Engineering Solutions
to perform an Electric Distribution System and Arc Flash Assessment Study for the
Electric Department of the City of Fairhope. The cost for the Electric Distribution
System Study should not to exceed $63,000.00. The cost for the Arc Flash
Assessment Study is $12,500.00 with a total cost not to exceed $75,500.00.
DULY ADOPTED THIS 25TH DAY OF JANUARY, 2010
Attest
is A. anks, Itify ClJrk
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Timothy M. Kant to execute an
Agreement for Professional Services with Test America, Inc. to perform mandatory
EPA and ADEM Water Testing for the Water & Sewer Department of the City of
Fairhope. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
5272
25 January 2010
RESOLUTION NO. 1612-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute an Agreement for Professional Services with Test America, Inc. to perform
Mandatory EPA and ADEM Water Testing for the Water & Sewer Department of the
City of Fairhope.
DULY ADOPTED THIS 25TH DAY OF JANUARY, 2010
M.
Attest
Irl, /'� L'I
LL-isa auks, City Clerk
Councilmember Quinn moved to go out on bids for the procurement of a D-5
used bulldozer for the landfill. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
execute an Agreement with Baldwin EMC pertaining to all street lights that Baldwin
EMC serves electricity located in Fairhope and to approve the expenditure for
installing 14 Traditionaire lights in Arlington Farms. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
5273
25 January 2010
RESOLUTION NO. 1613-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute an
agreement between the City of Fairhope and Baldwin Electric Membership
Cooperative ("EMC") pertaining to all street lights that Baldwin EMC serves
electricity located in Fairhope and to approve the expenditure for installing 14
Traditionaire lights in Arlington Farms with a cost estimate of $18,698.95.
Adopted on this 25th day of January, 2010
M
Attest:
isa Yanks, City Clerk
Councilmember Quinn moved to amend Ordinance No. 1406, an ordinance
amending Ordinance No. 1255 known as the Personnel Rules, Policies and
Procedures Ordinance, by changing the second paragraph (B. Policy) of Section 8.05
Zero Tolerance Substance Abuse Policy and Procedure from "or during an
employee's work hours" to "while working." Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
Councilmember Stankoski moved for final adoption of Ordinance No. 1406,
an ordinance to amend Ordinance No. 1255 known as the Personnel Rules, Policies
and Procedures Ordinance. (Introduced at the January 11, 2010 City Council
Meeting) with the amendment to the policy stated above. The motion was seconded
by Councilmember Kingrea. Councilmember Ford questioned; who makes the
decision to terminate employee and wanted to make sure the employee was given a
hearing. Rhonda Bishop, Human Resources Director, replied the employee would
still have the Grievance Procedure and Due Process. Councilmember Stankoski
stated that there are two issues here: one issue is Ford talking about accusations and
the other issue is a random test; medical test. After further discussion, motion for
final adoption passed unanimously by the following votes: AYE — Quinn, Stankoski,
Mixon, Ford, and Kingrea. NAY - None.
5274
25 January 2010
Councilmember Quinn introduced in writing Ordinance No. 1407, an
ordinance annexing City of Fairhope's property, located at the intersection of County
Road 13 and Manley Road, Fairhope, Alabama. Contains 40 acres more or less 46-
08-28-0-000-014.008. In order to take immediate action, Councilmember Stankoski
moved for immediate consideration. Seconded by Councilmember Ford, motion for
immediate consideration passed unanimously by the following votes: AYE — Quinn,
Stankoski, Mixon, Ford, and Kingrea. NAY — None. Councilmember Quinn then
moved for final adoption of Ordinance No. 1407. Seconded by Councilmember
Stankoski, motion for final adoption passed by the following votes: AYE — Quinn,
Stankoski, Mixon, and Ford. NAY - Kingrea.
Councilmember Quinn introduced in writing Ordinance No. 1408, an
ordinance annexing the property of Aaron and Dorothy Norris and Fairhope Single
Tax Corporation, located at 20671 Northwood Drive, Fairhope, Alabama. 46-06-14-
0-000-001.814. In order to take immediate action, Councilmember Stankoski moved
for immediate consideration. Seconded by Councilmember Kingrea, motion for
immediate consideration passed unanimously by the following votes: AYE — Quinn,
Stankoski, Mixon, Ford, and Kingrea. NAY — None. Councilmember Quinn then
moved for final adoption of Ordinance No. 1408. Seconded by Councilmember
Stankoski, motion for final adoption passed unanimously by the following votes:
AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY — None.
Councilmember Kingrea moved to approve the request from the Public Works
Department for Request for Qualifications for Professional Services for the Landfill
Closing and procurement of services over $7,500.00. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
Councilmember Ford moved to approve the request from the Public Works
Department to declare the Construction of Dog Park as Public Works Project
#PW002-10 and to expend the funds on hand in the Pet Park donation account.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
Councilmember Quinn moved to approve the updated Fairhope Volunteer Fire
Department Roster. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
Councilmember Stankoski moved to approve the updated Fairhope Police
Reserve Officers Roster. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
Council President Mixon announced that Agenda Item #20 needed to be held
over until the next City Council meeting in order for the Administrative staff to sign
off on this request; i.e. City Administrator, Chief of Police, and Sherry Sullivan.
5275
25 January 2010
City Council reviewed an application for a Special Retail License by Will
Carlton, Sr. for the Fairhope Rotary Club's annual fund raising event called "The
Steak Cook Off' located on De La Mare Street, Fairhope, Alabama. Councilmember
Kingrea moved to approve the issuance of the license. Seconded by Councilmember
Stankoski, motion passed by the following voice votes: AYE — Quinn, Stankoski,
Mixon, and Kingrea. NAY — None. ABSTAIN — Ford.
Council President Mixon announced that Agenda Item #22 is a request from
Habitat for Humanity for the City of Fairhope to waive utility tap fees for
approximately $3,800.00. This property is on Ingleside near Twin Beech Road and
not in the City limits. He mentioned the City has never waived fees outside the City
limits. Councilmember Quinn said the City limits are skewed and that her neighbor
in outside the City limits. She said we need to help Habitat for Humanity. It is an
approved 501 c3 and they do great work.
Councilmember Kingrea moved to ask Habitat for Humanity to annex this specific lot
into the City of Fairhope. The motion was seconded by Councilmember Ford.
Councilmember Kingrea said we need to know what Fairhope is and what Fairhope
isn't. He went on to say if Habitat for Humanity annexes into the City, he would be
the first to request the fees be waived because this is a worthy charity. Mayor Kant
stated the City could work with Habitat to annex into the City. Councilmember
Stankoski replied we do not want to set a precedent and there are many others outside
the City limits. After further discussion, motion passed unanimously by voice vote.
Council President Mixon announced that Agenda Item # 23 is a request from
Randall Gautney, President of Kiwanis of Fairhope and the Eastern Shore for the City
of Fairhope to waive fees associated with police officers used during `Bookin 4
Books" on April 24, 2010. He stated this also needs to be held over until the next
City Council meeting in order for the Administrative staff to sign off on the request.
Councilmember Kingrea moved to hold over the request until the next City Council
meeting and submit through the Administrative staff. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
Chuck Zunk, Chairman of the Financial Advisory Committee, addressed the
City Council and explained the following item and recommendation from FAC:
Ask Mayor Kant to go out on bid for healthcare for City employees; current
contract expires in October. Several suggestions were Blue Cross Blue Shield,
Aetna, and United Healthcare. When requesting the bid, the following two
types of coverage are needed: 1) Provide bid for Coverage As Is Now; and 2)
Provide bid for Market Based Coverage.
5276
25 January 2010
Councilmember Ford moved to accept the recommendation of the FAC and
ask Mayor Kant to go out on bid for healthcare for City employees and to request the
above two types of coverage. Seconded by Councilmember Kingrea, motion passed
unanimously by voice votes.
Dean Mosher, 456 Oak Avenue, addressed the City Council and presented a
package of statements concerning the October 23, 2006 City Council meeting and
requested that these be entered into the official records.
Fred Clark, Jr., President and CEO of AMEA, addressed the City Council and
presented a Power Point Presentation regarding power supply updates. He stated the
AMEA is a strong partner to Fairhope. Mr. Clark answered questions from the
audience.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:51 p.m.
Lonnie L. Mixon, touncil President
vY,isa anks, City Clerk