HomeMy WebLinkAbout05-10-2010 Regular Meeting5356
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, 10 May 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 and asked for a moment of silence for our invocation. Then, the Pledge of
Allegiance was recited. Council President Mixon on behalf of the City Council
invited community groups and civic organizations to contact them and they would be
happy to speak to their groups. These groups should schedule that through the City
Clerk's office.
Council President Mixon asked if there were any corrections to the minutes
from the 26 April 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 26 April 2010, work session.
Councilmember Quinn stated she did receive any minutes. He then stated if there are
no corrections, the minutes stand approved as written.
Mayor Kant addressed the City Council and gave an update on the BP oil
spill. He stated the wind was blowing in our favor and at this time it would take five
to six days to reach the Alabama coast. He spoke to Governor Riley regarding boom
for the Eastern Shore and our boom should be deployed possibly by tomorrow. The
City of Fairhope will receive $450,000 for the City and $200,000 for the Grand Hotel
from BP for protection purposes only. Each day we have a White House briefing at
2:00 p.m. and a claims office has been opened in Robertsdale. Mayor Kant
mentioned Ken Eslava, Assistant Public Works Director, is head of the oil spill for
the City and City Administrator Gregg Mims is our Incident Commander. Mayor
Kant stated that funeral escorts would be brought up for the third time tonight. He
mentioned a written directive given to Chief Press to continue this service. If the
Council wants to stop processions, then just do it. Mayor Kant also stated if you
continue to remain silent on the issue, I'll have no recourse than go through the
disciplinary action for not following the directive, and possible termination. Mayor
stated he hopes Council would decide one way or another. Council President Mixon
replied the resolution is not on the agenda to vote. He then asked Councilmembers
Kingrea and Stankoski, Mayor Kant, City Attorney Wynne, Gregg Mims, and Chief
Press meet tomorrow to come up with some sort of resolution for the funeral escorts.
5357
10 May 2010
Councilmember Ford addressed the City Council and stated he had given each
Councilmember a proposed resolution. He also mentioned years ago when the City
had a fire, a siren went off, and someone controlled all traffic lights in town so the
firemen could get to fire station to get trucks. If you have a funeral procession with
approximately 50 cars, a police car at both ends of procession with no lights and all
cars have to stop at lights, you are going to have a convoluted mess and it will defeat
the purpose. Councilmember Ford said his resolution is simple and states: `Be it
resolved by the Governing Body of the City of Fairhope instructing the Fairhope
Police Department staff to continue escorting funeral processions as it has been done
in prior years". He said let us continue doing what we have for over forty to fifty
years. This is the last respect we can give the citizens of Fairhope in this world.
After further discussion, Councilmember Ford moved for the adoption of the above
mentioned resolution. Motion failed for lack of a second.
Mayor Kant addressed the City Council and presented plaques to Jim Godfrey
and Charlie Langham for their service on the Fairhope Recreation Board. Their
dream was for a Recreation Center and they are stepping down after all of the years
on the board. Charlie Langham thanked the City Council for the opportunity to serve
on the Recreation Board.
Jennifer Fidler, Public Works Director, presented the Public Works
Department with a Proclamation, proclaiming May 16-22, 2010 as National Public
Works Week.
Councilmember Quinn moved to grant the request of Jennifer Fidler, Public
Works Director, to hire two regular part-time custodians for the Public Works
Department. The motion was seconded by Councilmember Stankoski.
Councilmember Kingrea mentioned the hiring freeze; and asked if we had the money
and if these positions were in budget. Rhonda Bishop, Human Resources Director,
replied yes. After further discussion, the motion passed unanimously by voice vote.
Mayor Kant addressed the City Council and presented Liz Chandler,
Recreation Center Director, with a proclamation for saving the life of a citizen who
was on the treadmill at the Recreation Center, had a seizure, stopped breathing, and
turned blue. Ms. Chandler performed CPR until the paramedics arrived which saved
the life of this citizen.
Councilmember Ford moved to grant the request of Tom Kuhl, Parks and
Recreation Department Director, to hire a Group Fitness Instructor, two part-time
employees for Membership Coordinator, part-time Lifeguards for public pool
(summer help) for the Recreation Department, and to hire Fairhope High School
Coaches to run the Summer of Fun Day Camp. The motion was seconded by
Councilmember Stankoski who then asked; what was the Summer of Fun Day Camp.
5358
10 May 2010
Mr. Kuhl explained they have approximately 30 to 60 children per day at the stadium
and pool that range from kindergarten to 8th grade. After further discuss, the motion
passed unanimously by voice vote. Councilmember Quinn suggested the City
Council relook at Summer of Fun Day Camp in the future.
Councilmember Ford moved to approve the appointment of Erik Cortinas,
Kevin Grimes, and Robert Keyser to the Recreation Board for a five-year term. The
term will expire in May 2015. The motion was seconded by Councilmember
Stankoski. Councilmember Quinn stated that Hank Mullins' term did not expire until
the end of May and Mr. Mullins has submitted his application for reappointment. She
also said that the Recreation Board needed some diversity and would like for this item
to be held over. After further discussion, the motion failed by the following voice
votes: AYE — Mixon and Ford. NAY — Quinn, Stankoski, and Kingrea.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to reject all bids for three CNG auto garbage
trucks for the Public Works Department (Bid No. 032-09). Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
RESOLUTION NO. 1640-10
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 Three CNG Auto
Garbage Trucks for the Public Works Department (Bid Number 032-09) at 555 South
Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] After further consideration, the recommendation of the requesting department
(Public Works) is to reject all bids for Bid No. 032-09.
Adopted on this loth day of May, 2010
Attest:
4isHanks, City Clerk
5359
10 May 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
a Joint -Action Services Master Agreement with the Alabama Municipal Electric
Authority. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
RESOLUTION NO. 1641-10
WHEREAS, Alabama Municipal Electric Authority, a public corporation of
the State of Alabama, organized and existing under the provisions of Act No. 81-681,
enacted at the 1981 Regular Session of the Legislature of the State of Alabama, now
codified as Sections 11-50A-1 et seq., Code of Alabama 1975, as amended (the
"Act") for the primary purpose of providing an adequate, dependable and economical
supply of bulk electric power and energy to its municipal members (the "Authority"),
and the City of Fairhope, Alabama, a municipal corporation of the State of Alabama
and a member of the Authority (the "Member" or "City") have heretofore entered into
that certain Amended and Restated Power Sales Contract between the Authority and
the Member, dated as of May 1, 1986, as amended as of July 1, 1996, respecting the
provision to the Member of bulk electric power and energy (hereinafter referred to as
the "Power Sales Contract"), and
WHEREAS, the Authority is empowered under the provisions of the Act to
do any and all things necessary or proper for the accomplishment of the purposes of
the Act and any amendments thereto; and to exercise any power usually possessed by
private corporations performing similar functions which is not in conflict with the
Constitution and laws of the State; and
WHEREAS, at the request of a number of its municipal members, the
Authority has initiated a joint -action services program for the benefit of the
Authority's municipal members, the purpose of which is to support the effective and
efficient operation of the Authority's members' electric distribution systems through
the provision of services (many of which some or all of the Authority's members
would not be able to obtain individually); and
WHEREAS, under the joint -action services program being undertaken by the
Authority, municipal members wishing to participate will enter into a "Joint -Action
Services Master Agreement" with the Authority in substantially the form thereof
presented to the Council for its consideration; however, no municipal member of the
Authority will be obligated to obtain a service or related group of services offered by
the Authority as a part of the Authority's joint -action services program except and
unless the member has entered into a separately -executed service order stating that
the service order is entered into pursuant to the provisions of the Joint -Action
Services Master Agreement and specifying in detail the service or related group of
services to be provided and the terms and conditions of service; and
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10 May 2010
WHEREAS, this Council believes and determines that the Authority's
undertaking of the joint -action services program and the City's entering into the
"Joint -Action Services Master Agreement" between the Authority and the City in
substantially the form thereof presented to the Council for its consideration would be
in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Fairhope, as follows:
1. A copy of the "Joint -Action Services Master Agreement" between the
Authority and the City (the "Master Agreement"), considered by the members of the
City Council of the City is hereby ordered inserted in the minutes of the meeting at
which this Resolution is adopted at the end thereof.
2. The City Council hereby finds and determines that it is in the best
interest of the City to enter into the Master Agreement with the Authority.
3. The City Council hereby adopts and approves the Master Agreement.
4. The Mayor is hereby authorized and directed to sign the Master
Agreement in the name and on behalf of the City, and the City Clerk is hereby
authorized and directed to affix thereto the official seal of the City and to attest the
same. The Mayor also is hereby authorized and directed to deliver the Master
Agreement to the Authority.
5. The officers of the City and each of them is hereby authorized and
directed to take all action necessary or desirable to carry out the provisions of this
Resolution and the Master Agreement.
6. The provisions of this Resolution shall take effect immediately upon
its adoption.
ADOPTED AND APPROVED this 1 Oth day of May, 2010.
ATTEST:
r
isa A. anks, City Clerk
5361
10 May 2010
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to award the RFQ for Engineering Services for
the Closing of the C & D Landfill for the Public Works Department (RFQ No.
PS001-10). Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
RESOLUTION NO. 1642-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[ 1 ] That the City of Fairhope did request and receive RFQs for Engineering Services
for the Closing of C & D Landfill for the Public Works Department (RFQ No. PS001-
10) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following RFQs were received and tabulated
as follows:
Please see attached RFQ Tabulation for
Engineering Services for the Closing of C & D Landfill
[3] After evaluating the RFQ proposal with the required specifications, Hutchison,
Moore & Rauch, L.L.C., with the total RFQ proposal of $38,300.00, is now awarded
the RFQ for Engineering Services for the Closing of C & D Landfill.
Adopted on this 1Oth day of May 2010
Attest:
isa A. Hanks, City Clerk
5362
10 May 2010
CRY OF R ICI
REQUEST FOR OUOIACAnoNs: TABULATION
RFQ NO.: P5001.10
RFO NAME: FnpYraertns Ssrviees for CSD Undfili Cloeure
PROPOSALS OPENED:03.18-10
Profnalonal Englrreekrg Ssrvias
VENDOR: WEIGHED
PROPOSAL POINTS
SUBMRTED 2 co ias TOTAL SCORE
Hutchlnson Moon6 Wueh LLC hna es 70 282
Hatch Mott MacDonald Da Meyes
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Thompson En Innkn
31
241
VOIIsrt S Associates b
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240
BES Inc. airho
Yeses
44
214
Joyce En 1mdn Gmemboro N.C.
1
37
744
MSts i Inc. obk
37
142
Tsrtacon on
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33
125
CusiomE meek Solutioro
NORESPONSE
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NO RESPONSE
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NO RESPONSE
Rowe Su In
NO RESPONSE
Speaks 3 Assodstss Consulting En inns
NO RESPONSE
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USR Corp.
NO RESPONSE
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Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution establishing an Administrative Policy and
Procedure: Quality Based Selection (QBS) for Professional Services Contracts.
Seconded by Councilmember Kingrea, motion passed unanimously by voice vote.
5363
10 May 2010
RESOLUTION NO. 1643-10
WHEREAS, the City of Fairhope procures professional consulting design/service
firms based on qualifications for projects throughout the City of Fairhope; and
WHEREAS, the administrative staff of the City of Fairhope developed an
Administrative Policy and Procedure: Quality Based Selection (QBS) for Professional
Services Contracts;
WHEREAS, the City of Fairhope desires to establish a clear and consistent manner
to select these professional consulting design/service firms to provide design and
other professional services for the City of Fairhope; and
WHEREAS, the City of Fairhope intends to use a Quality Based Selection (QBS)
Process for procurement of pre -qualified professional consulting design/service firms;
and
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, ALABAMA, there is hereby established an
Administrative Policy and Procedure: Quality Based Selection (QBS) for Professional
Services Contracts as presented and on file in the Office of the City Clerk, a copy of
which is attached hereto as Exhibit "A."
DULY ADOPTED THIS IOTH DAY OF MAY, 2010
ATTEST:
isa Hanks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution approving and authorizing the City of Fairhope
to execute a Memorandum of Understanding between the City of Fairhope Police
Department and the City of Mobile Police Department. The motion was seconded by
Councilmember Quinn.
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10 May 2010
Council President Mixon stated the only change to the resolution is the signature
should be changed for the Mayor to sign on behalf of the City. Councilmember
Quinn stated the Judy Newcomb, our District Attorney, would investigate as needed.
City Attorney Wynne stated that is correct and the District Attorney could have an
internal investigation if needed. Chief Press said he chose Mobile because they were
the most qualified. After further discussion, motion passed unanimously by voice
vote.
RESOLUTION NO. 1644-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes the
City of Fairhope to execute a Memorandum of Understanding between the City of Fairhope
Police Department and the City of Mobile Police Department.
Adopted on this loth day of May, 2010
Attest:
, " - � - X
11a,_ - -,
isa A. Vanks, City Clerk
Councilmember Quinn moved for final adoption of Ordinance No. 1421, an
Ordinance amending Zoning Ordinance No. 1253 to rezone the property of Karen
Urbanek to be rezoned from R-1 Low Density Single Family Residential District to
B-4 Business and Professional District with the amendment to add "the self imposed
deed restriction of a 30 foot landscape buffer to protect the residential neighbors to
the west of the property" to the ordinance. (Introduced at the April 26, 2010 City
Council Meeting) The motion was seconded by Councilmember Ford as amended.
Councilmember Kingrea mentioned a number of citizens are concerned due to traffic.
Several suggestions were given: make the street a cul-de-sac, a one way street, close
off the street, or put in a speed bump. Jonathan Smith, Planning and Building
Director, replied that they would work together and the proposed business would only
have seven to eight parking spaces. Mr. Smith said the site plan criteria would be
followed and the proposed access if off of Edwards.
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10 May 2010
Councilmember Ford suggested putting the driveway behind Estella and not on
Edwards. Councilmember Kingrea said he wanted to make sure we protect the
citizens and when the owner comes back with the proposed building, we need to be
diligent in what we do and help our citizens. Councilmember Stankoski stated in
future development maybe we could add sidewalks. He mentioned the City did a
traffic study and the average miles per hour were 26 mph and 29 mph.
Councilmember Quinn stated that at the Planning Commission meeting an "Overlay
District" was discussed, a committee was formed to look at this project, and she was
asked to be on the committee. After further discussion, motion for final adoption
passed by the following voice votes: AYE — Quinn, Stankoski, Mixon, Ford, and
Kingrea. NAY —None.
Councilmember Stankoski introduced in writing Ordinance No. 1422, an
Ordinance to amend Ordinance No. 1411, an Ordinance to amend Chapter 21, Article
IV, Sewers, Section 21-54, deleting the paragraph regarding installing grinder pumps
and sewer lines with sewer rates at $54.50. In order to take immediate action,
Councilmember Stankoski moved for immediate consideration. Seconded by
Councilmember Quinn, motion for immediate consideration passed unanimously by
the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY —
None. Councilmember Stankoski then moved for final adoption of Ordinance No.
1422. Seconded by Councilmember Quinn, motion for final adoption passed
unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and
Kingrea. NAY —None.
Councilmember Quinn introduced in writing the Red Clay (Clay and Silt)
Ordinance amending and replacing Ordinance No. 759 and Ordinance No. 1313,
known as the Coastal Protection Ordinance. Councilmember Quinn moved for
immediate consideration. The motion for immediate consideration failed for lack of a
second, this will lay over until the May 24, 2010 City Council meeting.
City Council reviewed an application for a Beer/Wine On/Off Premises
License by Janice Nicholson, Owner of Papa's Pizza, located at 420 Fairhope
Avenue, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance
of the license. 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 pending litigation. The approximate time to be in Executive Session is 15
minutes. Councilmember Kingrea moved to go into Executive Session. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
Exited the dais at 6:51 p.m. Returned at 7:07 p.m.
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10 May 2010
Councilmember Ford moved to grant the request of Jennifer Fidler, Public
Works Director, to hire 6 part-time beach attendants for additional summer help for
the Public Works Department. The motion was seconded by Councilmember
Stankoski. Councilmember Kingrea asked if these positions were budgeted.
Rhonda Bishop, Human Resources Director, replied 4 attendants were budgeted and
the other two were not. She stated last year two golf course employees helped while
the course was being renovated. After further discussion, the motion passed by the
following voice votes: AYE — Quinn, Stankoski, Mixon, and Ford. NAY — Kingrea.
Councilmember Stankoski moved to authorize the City Attorney to negotiate
with Point Clear Properties. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Sam Crosby, 12751 Gavin Lane, Foley, Alabama, addressed the City Council
on behalf of the owners of Wolfe Bayview Funeral Home. There are thirteen cities
and towns in Baldwin County still providing this service. On April 19, 2010, Mayor
Kant issued a memo to the Police Chief to continue services. Section 41-11-83 of the
Code of Alabama allows the Mayor to do this. On May 5, 2010, Chief Press issued a
letter on how escorts will be done in the future. We are asking that you "Leave As
Is" for funeral processions until you take formal action.
Don McGriff, 101 North Section Street, addressed the City Council on behalf
of an elderly client who is a concerned senior citizen. His client is in favor of the
funeral escorts, but has several reasons for being concerned. If the City discontinues
escorts for funeral processions: it would cause a public safety issue; and it would give
a bad impression for a City who is ranked in the top 10 retirement areas in the
country. Also, our tax increase should have accommodated this service.
Ron Allen, 435 Liberty Street, addressed the City Council and mentioned
Councilmember Ford's proposal and motion with no second to the motion. Four
people are looking totally silly. This is the second time you guys have had a motion
presented and no one seconding it. If you are not supporting the motion, at least tell
us why you are not seconding the motion. As a citizen and a voter, I have a right to
know and would like for someone to say something.
Willie Williams, 17420 Confederate Rest Drive in Point Clear, addressed the
City Council and said he had met with his focus group asked them what they thought
about the proposal to stop funeral escorts. The question brought up in the group was
entitlement to the citizens. We will take a day off to send a police car to another city
or to escort a funeral for a city official who passes away, but an average citizen would
not have this service. A different set of values is being looked at: rich or poor, black
or white, etc. Wolfe took care of my mother and father. When I see a funeral
procession, I pull to the side of the road due to respect. This service is a certain kind
of respect and dignity; and the City needs to handle this.
5367
10 May 2010
Hop Allen, 410 Miller Avenue, addressed the City Council and stated that
Larry Stejskal asked the City Council to look at zoning laws and commercial units
would blend in with residential. Councilmember Quinn mentioned the Overlay
District discussed at the Planning Commission meeting and a committee would be
looking at this project.
David McCarthy, employee with the City, addressed the City Council and
mentioned his membership with "The Rolling Thunder" previously known as "The
Patriot Guards." Mr. McCarthy requested that the City of Fairhope put up a
MIA/POW flag to be flown here at City Hall.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:25 p.m.
J: � t � d 9,1, 4,,
Lonnie L. Mixon, Co ncil President
isa A. anks, City Clerk