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Home My WebLink About03-08-2010 Regular Meeting5291 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, 8 March 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 Dr. Paul Fowler, Pastor of Eastern Shore Presbyterian Church, and the Pledge of Allegiance was recited. Council President Mixon asked if there were any corrections to the minutes from the 22 February 2010, regular meeting. He then stated if there are no corrections, the minutes stand approved as written. Council President Mixon then asked if there were any corrections to the minutes from the 22 February 2010, work session. He then stated if there are no corrections, the minutes stand approved as written. Council President Mixon announced that they needed to amend the agenda by adding on the following item: a resolution authorizing Mayor Kant to settle the Esfeller litigation with the City. Councilmember Ford moved to add the above mentioned item not on the printed agenda. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Council President Mixon announced that they needed to amend the agenda by adding on the following items: resolution to rescind the three substation breakers; motion to approve the 2010 fiscal budget as outlined by the FAC; and amend the ordinances regarding the beer tax and tobacco tax by putting all funds into the Capital Projects Fund. Councilmember Kingrea moved to add the above mentioned items not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Mayor Timothy M. Kant addressed the City Council and reported on the Scenic 98 and No Thru Trucks issue. He mentioned the County would put up signs, but the City would have to enforce. 5292 8 March 2010 Councilmember Stankoski introduced Dr. Mona Lester with the Library Foundation. She explained that this foundation was created in 2008 and is now a 501(c)(3) non-profit corporation. The main goals are to raise public awareness, seek to make the needs of the Library known, and build an endowment from public and private gifts in order to meet identified. Councilmember Stankoski briefly gave some statistics of the people visiting the Fairhope Public Library this year. He thanked the City for the maintenance to the building on behalf of the Board. The pledges will be reviewed and perhaps a gentle reminder. Martin Lanaux, Chairman of the Library Board, stated the main purpose of the Foundation is to raise money. We have a dedicated group with one of our goals being debt reduction. Boy Scout Troop 47 was in attendance and working on their "Citizenship in the Community Merit Badge." Assistant Scoutmaster stated one of their requirements is to attend a meeting. Then each Boy Scout introduced himself to the City Council and Mayor. Jason Colee, IT Director, addressed the City Council and gave an update on the Google Project and explained the competition for our City. At this time, there is no cost built into the project. The City is using Facebook, Twitter, our website, etc. to get this information to the public. We are encouraging the Council and the community to vote for Fairhope. Councilmember Ford left the dais at 6:18 p.m. and returned at 6:19 p.m. City Administrator Gregg Mims addressed the City Council and stated that Mayor Kant, Scott Sligh, and he had several meetings while in Washington with Shelby, Sessions, and Bonner. Mr. Mims mentioned grants for the Fairhope Volunteer Fire Department, the three phases for Highway 181, the Greeno Road improvements, the Fairhope Airport property, and underground utilities. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to rescind Bid No. 035-09 from Siemens Energy, Inc. and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(b)(7) to obtain informal quotes and purchase the breakers. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 5293 8 March 2010 RESOLUTION NO. 1619-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That on January 21, 2010 the City of Fairhope did award Siemens Energy, Inc., Bid No. 035-09, with the total bid proposal of $58,161.00, for Three Substation Breakers for the Electric Department. [2] That after the Notice of Award was issued to Siemens Energy, Inc., the vendor declined to honor the award and the need for these Substation Breakers is great. [3] After evaluating the bid proposals with the required bid specifications, the City of Fairhope now rescinds Bid No. 035-09 from Siemens Energy, Inc. and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-5 1 (b)(7) to obtain informal quotes and purchase the breakers. Adopted on this 8th day of March, 2010 Attest: -, 4'J isa A. auks, City Clerk Chuck Zunk, Chairman of the Financial Advisory Committee, addressed the City Council and presented the following four recommendations: 1. Accept recommendations as presented by the Mayor and incorporate into a specified modification of budget. 2. Amend the Beer Tax and Tobacco Tax Ordinances by changing the allocation from the General Fund to the Capital Projects Fund beginning October 1, 2010. 3. Approve the proposed electric rates as presented. 4. Approve the proposed sewer rates, tap fees, and amendment as presented. 5294 8 March 2010 Councilmember Stankoski moved to amend the ordinance amending Ordinance No. 1175; to amend Chapter 8, Article Il, Tobacco Products, Section 8-38, by changing the allocation from the General Fund to a one hundred percent allocation to the Capital Projects Fund. Seconded by Councilmember Kingrea, motion passed by the following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford. Councilmember Quinn moved to amend the ordinance amending Ordinance No. 705; to amend Chapter 4, Article II, Beer, Sections 4-27 and 4-28, by changing the allocation from the General Fund to a one hundred percent allocation to the Capital Projects Fund. Seconded by Councilmember Kingrea, motion passed by the following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford. Councilmember Stankoski moved to accept the recommendation from the FAC to accepting the recommendations from the Mayor and staff and introducing documents that were presented earlier towards achieving to balance the budget. 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 to purchase equipment for the Police SWAT team which will be funded by Federal DEA Funds. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. RESOLUTION NO. 1620-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to purchase equipment for the Police SWAT team for the City of Fairhope Police Department. This expenditure for non -budgeted items will be funded by Federal DEA Funds in the amount of $29,883.46. Adopted on this 8th day of March 2010 Attest: i isa A Hanks,City Clerk 5295 8 March 2010 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to reject all bids for CNG Refuse Chassis for the Public Works Department (Bid No. 005-10). Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1621-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope did request, receive, and open bids for CNG Refuse Chassis for the Public Works Department (Bid Number 005-10) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for CNG Refuse Chassis for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, no bids were acceptable and we request that all bids be rejected for Bid No. 005-10. Adopted on this 8th day of March, 2010 Attest: r 1sa A. 11anks, 6ity Clerk 5296 8 March 2010 CITY OF FAIRHOPE BID TABULATION AND RECOMMENDATION BID NO.: 006-1O BID NAME: CNO REFUSE CHASSIS BID OPENED. 02-17.10 Non -Collusion Bid Propoeal kudmotorn F Addendum No Mended Statement E:ervbd I Spned! Dellmy had ISpedfipfbn BT"r. 7 ttgned I Mandatory Pre- VENDOR S I Notarized Notaraed tlme ARO IWnp uhdwer Model lhhh reNmed Bid Meedn Note 1. Bidders oWng did not meet horoepower and shaft torque output specifications necessary to pmlorm reOred tasks. Reeonumde lon: Reject all bids To the bat of ny Mowiedpe, this is an accurate bid tabulation � 2,��r� �,�.�0�°GIM.✓ zlial�o -- Je r Fidler qr. IX Public Works �y Daniel P. Ames, Purchasing Manager Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for Two Trash Truck Bodies for the Public Works Department (Bid No. 034-09). Councilmember Quinn stated this purchase is premature and that the Public Works Study Group is still evaluating the department. She said this needs to wait until the study is complete. After further discussion, the motion was seconded by Councilmember Kingrea, motion passed by the following voice votes: AYE — Stankoski, Ford, and Kingrea. NAY — Quinn and Mixon. 5297 8 March 2010 RESOLUTION NO. 1622-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Two Trash Truck Bodies for the Public Works Department (Bid Number 034-09) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Two Trash Truck Bodies for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, Truck Equipment Sales, with the total bid proposal of $96,790.00, is now awarded the bid for Two Trash Truck Bodies for the Public Works Department. Adopted on this 8th day of March, 2010 Attest: 4Aans, tity Clerk 5298 8 March 2010 CITY OF FwHOPE BID TABLMATION AND RECOMMENDATION BID NO.: 034-09 BID NAME: TWO TRASH TRUCK BODIES BID OPENED: 02#10 N*: Bid Bond waived. VENDOR GudCity Bady6 TralWr NU -LIFE Envkannrentei Sansdm Equipment Sales Truck EqulpmeM Saks Workbux Ndn{;oluabn Sbtemerd I NolaAod YES NO RESPONSE YES YES NO RESPONSE Sid Pmpdnl Executed / Sipned I No6hed YES NO RESPONSE YES YES NO RESPONSE Delvery Wed tirre ARO to fk wdAy chmsio 4S days NO RESPONSE 60-g0 60 days NO RESPONSE OeGrory kyd We ARO to M now'C NO chssus 45 days NO RESPONSE 60.90 dayl I 6o clays NO RESPONSE InsbUcdom /Spec0l an Comphnca NO See note 1 NO RESPONSE - NO See note 1 YES NO RESPONSE Marndactuter to M ezletkq chassi New Life Em. NO RESPONSE Ranier Petersen NO RESPONSE Mow to VIS&V chaf9b MshHan.G2221B NO RESPONSE 3000 TLd NO RESPONSE Menuteclurer o M new CNG chassis New Lie Env. NO RESPONSE Ramer Petersen NO RESPONSE Model o id new CNG chassis Brush He G2224B NORESPONSE 3000 TLJ NO RESPONSE Bid Prim Per Unit o 6t fixdbg N1snW $51,623.00 NO RESPONSE $44 757.00 00 NO RESPONSE BW Pea Per Unk to M new CNG chassis Addendum Not 11 IretunmdI $51.623.00 YES NO RESPONSE $44257.00 YES 547.964A0 YES NO RESPONSE NO RESPONSE Note 1: Failed to cdmply with Reoom • A Id to do Equipment SaIM for the 760.00 Ken Ehrm It. Dir. Of Public Works To dw bW ofofymyn-kwMedge. this W an accurate bid tabWaft Daniel P. Ames, Pumhafing Maraget Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for Two Outfront Mowers for the Public Works Department (Bid No. 031-009). Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 5299 8 March 2010 RESOLUTION NO. 1623-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope did request, receive, and open bids for Two Outfront Mowers for the Public Works Department (Bid Number 031-09) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Two Outfront Mowers for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, Beard Equipment Company, with the total bid proposal of $34,967.46, is now awarded the bid for Two Outfront Mowers for the Public Works Department. Adopted on this 8th day of March, 2010 Attest: isa A. arks, City Clerk 5300 8 March 2010 CITY OF FAIRHOPE BID TABULATION AND RECOMMENDATION BID NO.: 031-09 BID NAME: TWO OUTFRONT MOWERS BID OPENED: 02-08-10 Nnta• RH Rnnd —k—, VENDOR Non -Collusion Statement Signed I Notarized =Signed Instructions /Specification Compliance Bid Price per Unt Bid Price per Two Units Board E ui M Co. YES YES YES 5f7 483.73 f34,967.48 Foley Implement, Co. YES YES YES $18190.00 $36 380.00 Gobi Ventures West YES YES NO $21 200.00 342,400A0 JerrY Pate Turf Suooly YES YES NO $25 896.78 $51,795.56 Soulhem Pdde Lawn Care YES YES NO $22 000.00 $45 800.00 Baldwin Tractor NO RESPONSE NO RESPONSE Dutchman's lawn & Gard en, Bc. NO RESPONSE NO RESPONSE Kilpatrick Turf & Commercial Equipment NO RESPONSE NO RESPONSE M&I Equipment & Engine Co. NO RESPONSE NO RESPONSE Sun South NO RESPONSE NO RESPONSE ToomeyEqui entCo. NO RESPONSE NO RESPONSE Recommendation: Award bid to Beard Equipment Co., for tpeft bid o f34,961.46 To the best of my knowledge this is a true and accurate bid tabulation li ? 19 / zeta Daniel P. Ames, Purchasing Manager Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to approve the request from the Public Works Department requesting for Samson Equipment, as Sole Source Provider and Certified Dealer for Elgin Sweepers in the State of Alabama, for the necessary parts for maintenance and/or repairs and the expenditure for the necessary parts for maintenance and repairs on the street sweeper. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 5301 8 March 2010 RESOLUTION NO. 1624-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the request from the Public Works Department requesting for Samson Equipment, as Sole Source Provider and Certified Dealer for Elgin Sweepers in the State of Alabama, for the necessary parts for maintenance and/or repairs and the expenditure for the necessary parts for maintenance and repairs on the street sweeper (Elgin Whirlwind Sweeper), approximately $8,400.08. Adopted on this 8th day of March, 2010 Attest: isa . Han s, City Clerk Councilmember Kingrea introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing signees of all City of Fairhope Accounts. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 5302 8 March 2010 RESOLUTION NO. 1625-10 WHEREAS, two signatures are required on all monetary transactions of the City of Fairhope; and WHEREAS, travel is sometimes required of the Mayor and of the Treasurer and provisions should be made to cover monetary requirements of the City in the absence of one or both; THEN, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that all Financial Depositories where monies of the City are deposited, whether in checking, savings, or other type accounts, currently or in the future; be and hereby are advised that any two of the following signees are authorized to sign any monetary transaction between said Depositories and the City of Fairhope, 41abama. Attached � a list of all Depositories for the City of Fairhope; _ V - -_ Timothy M. Kant, Mayor Lonnie L. Mixon, Councilmember Nancy K. Wilson, City Treasurer Lisa A. Hanks, City Clerk BE IT FURTHER RESOLVED that Nancy K. Wilson and Lisa A. Hanks are hereby authorized to use a facsimile signature for routine checks and paperwork: Sample: Sample: BE IT FURTHER RESOLVED that Mayor Timothy M. Kant is hereb authorized to use computer generated signature for routine checks under One Thousand Dollars ($1,000.00). All monetary transactions must have at least one true signature. Sample: BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to all Depositories as authorization of, and as a record of, above signee signatures. ADOPTED THIS 8TH DAY Attest: � C isa A. anks, CiV Clerk 5303 8 March 2010 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for the lease of Manley Road Property to Fairhope Dairy (Bid No. 006-10). Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. RESOLUTION NO. 1626-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope did request, receive, and open bids to Lease Manley Road Property for (Bid Number 006-10) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: TO LEASE MANLEY ROAD PROPERTY Fairhope Dairy $2,300.00 per year [3] After evaluating the bid proposals with the required bid specifications, Fairhope Dairy, with the total bid proposal of $2,300.00, is now awarded the bid to lease Manley Road Property. Adopted on this 8th day of March, 2010 Attest: isa A. an s, eity Clerk 5304 8 March 2010 Councilmember Ford moved for final adoption Ordinance No. 1410, an ordinance to amend Ordinance No. 1303; to amend Chapter 12, Article II, Sewage Disposal, Division I. Generally, Section 12-42: Definitions, of the City of Fairhope Code of Ordinances. (Introduced at the February 22, 2010 City Council Meeting) Seconded by Councilmember Kingrea, motion for final adoption passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Kingrea moved for final adoption Ordinance No. 1411, an ordinance to amend Ordinance No. 715 and Ordinance No. 1383; to amend Chapter 21, Article IV, Sewer Sections 21-52 and 21-54, of the City of Fairhope Code of Ordinances. (Introduced at the February 22, 2010 City Council Meeting) Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Kingrea moved for final adoption Ordinance No. 1412, an ordinance to amend Ordinance No. 1315 of the City of Fairhope, Alabama, be amended by revision of Section 21-21 by the adoption of Electric Rates for all electric customers of the City. (Introduced at the February 22, 2010 City Council Meeting) Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Quinn introduced in writing an Ordinance amending Ordinance No. 1175; to amend Chapter 8, Article II, Tobacco Products, Section 8-38, of the Fairhope Code of Ordinances. Since there was no motion for immediate consideration, this will lay over until the March 22, 2010 City Council meeting. Councilmember Stankoski introduced in writing an Ordinance amending Ordinance No. 705; to amend Chapter 4, Article II, Beer, Sections 4-27 and 4-28, of the Fairhope Code of Ordinances. Since there was no motion for immediate consideration, this will lay over until the March 22, 2010 City Council meeting. Councilmember Ford moved to grant the request of Frank Fowlkes, President of the Point Clear Rotary Club, requesting the City of Fairhope to waive the $485.00 rental fee for the Fairhope Civic Center for its loth Annual Taste of Rotary on April 20, 2010. Councilmember Quinn seconded the motion. Mayor Kant stated all clubs do a great job, but once you waive the fee for one club, then all clubs requesting fees to be waive we will have to grant. Councilmember Kingrea said he was a member of the Point Clear Rotary Club and in the next fiscal year we will require these requests for fee waivers to be in advance in order to be in the budget process. Councilmember Ford suggested maybe getting an "X" amount of dollars to go towards these requests. 5305 8 March 2010 Councilmember Stankoski commented we need a consistent policy for all requests regarding waiving of fees and everyone gets treated the same. After further discussion, the motion passed unanimously by voice vote. Councilmember Quinn moved to grant the request of Mona Lester, Chairman of Hoot Scoot 5K Prediction Run for the Fairhope Public Library Foundation requesting the City of Fairhope to waive the cost for seventeen (17) police officers during the race scheduled for Friday, April 30, 2010, beginning at 6:30 p.m. and ending no later than 8:00 p.m.; as well as waive all street closing and other fees associated with our event; also requesting permission to notify the businesses and residents along race route by placement of notice in newspaper. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Councilmember Quinn moved to address the following item not on the printed agenda. Seconded by Councilmember Ford, motion passed unanimously by voice vote. At the request of the City Attorney, Marion E. Wynne, the City Council will rise from the meeting to go into Executive Session based on Section 36-25A-7(a)(3) to discuss legal options for pending litigation. The approximate time to be in Executive Session is 15 minutes. Councilmember Stankoski moved to go into Executive Session. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Exited the dais at 6:55 p.m. Returned at 7:05 p.m. Jaime W. Betbeze, attorney with Hand Arendall, LLC, stated that he represented the City of Fairhope regarding the Esfeller Construction Company, Inc. litigation. On the day of the trial, some settlement negotiations took place. Mr. Betbeze wants the Council to grant authority to Mayor Kant to settle the Esfeller litigation on the terms he negotiated with the Esfellers' counsel for the City of Fairhope. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Timothy M. Kant to settle the Esfeller Construction Company, Inc. litigation with the City of Fairhope. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 5306 8 March 2010 RESOLUTION NO. 1627-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to settle the Esfeller Construction Company, Inc. litigation with the City of Fairhope. DULY ADOPTED THIS 8TH DAY OF MARCH, 2010 Attest a A. H nks, CitClerk Mike Odom, with the Fairhope Courier, addressed the City Council and stated the Council did not address the terms of the settlement. The Open Meetings Act requires when there is an authorization given with regards to the settlement of pending litigation; it is voted on by the City Council that the terms be discussed and announced what they are. City Attorney Wynne stated the settlement has not been concluded, but once the settlement is concluded the amount will be disclosed. There is some danger that disclosure could affect the settlement proceedings. There being no further business to come before the City Council, the meeting was duly adjourned at 7:10 p.m. 4-nc.L /4 & 1n' — Lonnie L. Mixon, Coun it President a A. anks, City Clerk