HomeMy WebLinkAbout06-28-2010 Regular Meeting5400
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, 28 June 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 City Attorney Wynne and the Pledge of
Allegiance was recited. Council President Mixon asked if there were any corrections
to the minutes from the 14 June 2010, regular meeting. He then stated if there are no
corrections, the minutes stand approved as written.
Councilmember Kingrea addressed the City Council regarding "Where Do
We Stand" with the following issues:
1) Boat he had questioned was bought by the Association for Retarded
Citizens of Baldwin County, Inc. and housed by the Fairhope Yacht Club.
2) Thanked City crews for cleaning the gutters on Boone Street and ask
again about the status of the Nichols Street Landing. City Attorney Wynne
said in a legal position we are ready to go forward; City will begin deck after
the Fourth of July.
3) Inquired about the parallel parking in front the police station and the
recommendations made by Volkert and Assoc. and the marking of the
flowers beds.
4) Mentioned reducing Police coverage to the Municipal limits and the
Grand Hotel was questioned; Mayor Kant said staff was looking into this
issue for more definite numbers.
Councilmember Stankoski moved to address the following item not on the
printed agenda. Seconded by Councilmember Kingrea, motion passed unanimously
by voice vote.
Councilmember Kingrea moved to authorize the City Treasurer to go out on a
Request for Proposal for a $2.0 million Line of Credit for the Utility Fund. Seconded
by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Kingrea explained the need for this Line of Credit is specifically for
covering the lapse in revenues for Utility expenses.
5401
28 June 2010
Mayor Kant addressed the City Council and introduced Bob Young with
Frazier Lanier Company who announced that the City's bond rating, according to
Standard and Poor's, has increased from A+ to AA- based on the City's stable tax
base and lessening debt burden. Mr. Young also gave an update on financing related
to the Fairhope Airport Authority. Councilmember Quinn questioned going from a
bond issues to a loan with fewer years to pay back debt and any penalties for getting
out early.
Councilmember Stankoski addressed the City Council regarding the Noise
Ordinance which was discussed at the previous Work Session. He announced that a
committee has been appointed to once again evaluate the Noise Ordinance and there
will be public forum one night at 6:00 p.m. to tweak or change the ordinance.
Council President Mixon announced the members for the Equitable Use of
Fairhope Recreation Facilities Study Group: Rick Kingrea (Chairman), Charlie
Johnson, Charlie Langham, Clyde Panneton, Jenny Douglass, Fran Hollinger, Paul
Bednarowski, Greg McNally, Eddie Boyett, Tom Kuhl, Sherry Sullivan, Gregg
Mims, James Gillespie, Lonnie Mixon, and Mike Ford. He announced the first
meeting will be held on Wednesday, June 30, 2010 at 5:00 p.m. in the Delchamps
Room.
City Administrator Gregg Mims addressed the City Council and mentioned
there were two resolutions involving upgrades to the Fairhope Municipal Stadium.
He stated we do not have a choice due to safety issues with the stadium. The first
resolution is to declare an emergency and the second resolution is to authorize the
Mayor to execute and agreement with Volkert, Inc. to perform engineering services,
construction management, and associated inspections for the upgrade.
Councilmember Ford moved to address the following items not on the printed
agenda. 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 that Mayor Timothy M. Kant is hereby
authorized to execute and Agreement for Professional Services with Volkert, Inc. to
perform Engineering Services, Construction Management, and Associated
Inspections for the Municipal Stadium upgrade. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
5402
28 June 2010
RESOLUTION NO. 1660-10
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 Volkert, Inc. to perform Engineering Services, Construction Management,
and Associated Inspections for the Fairhope Municipal Stadium upgrade (Project Number PW005-10).
DULY ADOPTED THIS 28TH DAY OF JUNE, 2010
Attest
isa A. nks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution declaring the Fairhope Municipal Stadium to be
an emergency affecting public health, safety, and/or convenience due to the safety
issues brought to the attention of the City of Fairhope. Seconded by Councilmember
Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 1659-10
Pursuant to Ala. Code § 39-2-2(e) in case of an emergency affecting public health, safety, or
convenience, as declared in writing by the awarding authority, setting forth the nature of the danger to
the public health, safety, or convenience which would result from delay, contracts may be let to the
extent necessary to meet the emergency without public advertisement. The action and the reasons for
the action taken shall immediately be made public by the awarding authority upon request."
WHEREAS, the City of Fairhope has a safety issue at the Fairhope Municipal Stadium; and
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, hereby declares the Fairhope Municipal Stadium to be an emergency affecting public
health, safety, and/or convenience due to the safety issues brought to the attention of the City of
Fairhope.
ADOPTED AND APPROVED THIS 28TH DAY OF JUNE, 2010
Attest:
isa A. arks, City' lerk
5403
28 June 2010
Michael Maxwell, Eastern Shore Chamber of Commerce, addressed the City
Council and briefly discussed the Local Business Research Task Force Report. He
also passed out a copy of the 2010 Survey which was the basis for the report. Since
last year, the economy has not changed and now holding our own is now a success.
Bob Higgins, Baldwin County Economic Development Alliance, addressed
the City Council regarding BCEDA being named one of the Top Ten Groups of 2009
by Site Selection Magazine for economic growth for which they received one of the
Top Economic Development Group Awards for 2009. Mr. Higgins presented the
City of Fairhope with a replica of this award.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution that Mayor Timothy M. Kant is hereby authorized
to write a letter to DHS/FEMA, Grant Programs Preparedness, in support of the
Fairhope Volunteer Fire Department applying for Assistance to Firefighters Support
Grants for Operations and Safety equipment for a new radio system. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
RESOLUTION NO. 1661-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
write a letter to DHS/FEMA, Grant Programs Preparedness, in support of the
Fairhope Volunteer Fire Department applying for Assistance to Firefighters Support
Grants for Operations and Safety equipment for a new radio system.
DULY ADOPTED THIS 28TH DAY OF JUNE, 2010
Attest:
isa A. Hanks, City Clerk
5404
28 June 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant and the Fairhope
City Council wish to support development of an ordinance for historic preservation in
Fairhope; beginning with downtown Fairhope. The motion was seconded by
Councilmember Kingrea and he questioned the area considered downtown.
Councilmember Quinn replied that it was the Central Business District ("CBD").
Mayor Kant explained the location of the CBD. Councilmember Ford stated we have
been through this before and merchants do not like to be told what to do. Mayor Kant
responded that the survey results showed that citizens want to protect downtown.
Councilmember Quinn said that around 70% were in favor of downtown Fairhope
being historic. She stated there will be several public hearings and nothing was
written yet. Councilmember Stankoski questioned the Nut Factory incident and said
be careful what you create. After further discussion, motion passed unanimously by
voice vote.
RESOLUTION NO. 1662-10
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALABAMA, as follows:
In the City of Fairhope 2010 Resident Survey eighty percent of responses on the matter of
historic preservation were in favor and seventy percent were in favor for downtown Fairhope.
Therefore, Mayor Timothy M. Kant and the Fairhope City Council wish to support
development of an ordinance for historic preservation in Fairhope; beginning with downtown
Fairhope.
The ordinance would first establish a historic preservation commission with authority in the
Fairhope Downtown Historic District listed in the National Register of Historic Places.
The City Council authorizes Mayor Timothy M. Kant to obtain the necessary support of the
Fairhope Downtown Historic District property owners and to draft an ordinance for the
Council's consideration. Implementation of the ordinance would be planned to occur in Fiscal
Year 2011.
ADOPTED THIS 28TH DAY OF JUKE, 2010
ATTEST:
isa A. anks, City Clerk
5405
28 June 2010
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution that Mayor Timothy M. Kant is authorized to
execute Amendment Number 1 to the Agreement for Engineering Services with
Thompson Engineering, Inc. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote. Mayor Kant mentioned that before we start spending we
may want to put this as part of the bond issue.
RESOLUTION NO. 1663-10
WHEREAS, the City of Fairhope entered into an agreement on April 14, 2009 with Moore
Engineering Company, Inc. for the construction of 16" waterline improvements along
Baldwin County Road 13 from County Road 48 North approximately 4.4 miles with all
necessary appurtenances to make a complete facility including a connection westerly to tie
into the Rock Creek Subdivision distribution system. On this project, no payment will be
made by the City until funds are available and payments are authorized by the City. The
Agreement was subsequently assigned by Moore Engineering to Thompson Engineering, Inc.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute Amendment
Number 1 to the Agreement for Engineering Services with Thompson Engineering, Inc. for
the following: the scope of work shall include design and construction observation services
for the Auburn tank site to include design and construction observation of the elevated
storage tank, tank lines, test well and finish well, and treatment facility.
DULY ADOPTED THIS 28TH DAY OF JUNE, 2010
Attest:
L sa A. H ks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution that the Mayor is hereby authorized and directed
to enter into a contract with RDS to perform the services necessary to administer and
collect the Sales/Use Taxes for the City of Fairhope effective beginning with the
period of August 1, 2010; and the Mayor is instructed to notify the State of Alabama
Department of Revenue immediately of the decision of this Council. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
28 June 2010
RESOLUTION NO. 1664-10
WHEREAS, City of Fairhope, Alabama desires to begin self -collection and
administration of City Sales/Use taxes effective beginning the period of August 1,
2010 (with the first collection to be received on or before September 20, 2010); and
WHEREAS, City of Fairhope, Alabama has been presented a proposal by RDS of
Birmingham, dated May, 2010, whereby RDS will perform the services necessary to
administer and collect the taxes for the City and the City desires to accept such
proposal.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope agrees to begin
collecting City sales/use tax effective beginning with the period of August 1, 2010
and the Mayor is instructed to notify the State of Alabama Department of Revenue
immediately of the decision of this Council; and
BE IT FURTHER RESOLVED that the proposal presented by RDS dated June 3,
2010, whereby RDS will perform the services necessary to administer and collect the
taxes for the City, be accepted and the Mayor is hereby authorized and directed to
enter a contract with RDS which conforms to such proposal.
ADOPTED AND APPROVED THIS THE 28TH DAY OF JUNE, 2010
ATTEST:
4Aanks,
City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to Reject Bid No. 036-09 for Potting Soil for
the Public Works Department. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
5407
28 June 2010
RESOLUTION NO.1665-10
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 Potting Soil for
the Public Works Department (Bid Number 036-09) at 555 South Section Street in
the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, only one bid response was received.
[3] After evaluating the bid proposal with the required bid specifications, it was found
unacceptable and we request that all bids be rejected for Bid No. 036-09.
Adopted on this 28th day of June, 2010
Attest:
4i4sa—A-%lan.ks,f(fify Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to Rescind Bid for Backhoe-Loader Three
Year Lease (Bid No. 008-10) from Beard Equipment Company and Award the Bid to
Thompson Tractor Company, Inc. Seconded by Councilmember Kingrea, motion
passed unanimously by voice vote.
M1:
28 June 2010
RESOLUTION NO.1666-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[ 1 ] That on April 12, 2010 the City of Fairhope did award Beard Equipment
Company, Bid No. 008-10, with the total bid proposal of $59,849.28, for Backhoe-
Loader Three Year Lease for the Public Works Department.
[2] That after the Notice of Award was issued to Beard Equipment Company on April
23, 2010, the vendor announced inability to comply with the terms and conditions of
the City.
[3] That the Public Works Department determined that the bid from Tractor &
Equipment Company, Inc. did not meet specifications.
[4] After evaluating the bid proposals with the required bid specifications, the City of
Fairhope now rescinds Bid No. 008-10 from Beard Equipment Company, and awards
the bid to Thompson Tractor Company, Inc. in the amount of $103,739.04.
Adopted on this 28th day of June, 2010
Attest:
-/�- lk&
Lisa A. anks, City Clerk
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to Purchase a Service Truck for the Electric
Department. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
60i119
28 June 2010
RESOLUTION NO. 1667-10
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 a Service Truck for the Electric
Department and the type of vehicle needed is on the Alabama State Department of
Purchasing bid list and therefore does not have to be let out for bid; and
[2] The following is the Alabama State Department of Purchasing contract
information:
Attest:
Bid Number: T195-A
Service Body
Bid Number: T193-A
Super Cab — Truck Chassis
Ford F-250 Service Truck
Contract Number: 401156
Cost is $ 6,381.94
Contract Number: 4008319
Cost is $21,489.00
Total Cost is $27,870.94 each
Adopted on this 28th day of June, 2010
isa A. Hanks, City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to Purchase a Service Truck for the Gas
Department. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
5410
28 June 2010
RESOLUTION NO.1668-10
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 a Service Truck for the Gas
Department and the type of vehicle needed is on the Alabama State Department of
Purchasing bid list and therefore does not have to be let out for bid; and
[2] The following is the Alabama State Department of Purchasing contract
information:
Attest:
Bid Number: T195-A
Service Body
Bid Number: T193-A
Super Cab — Truck Chassis
Ford F-250 Service Truck
Contract Number: 401156
Cost is $ 9,465.94
Contract Number: 4008682
Cost is $21,489.00
Total Cost is $30,954.94 each
Adopted on this 28th day of June, 2010
- d'l
F - - vv�L
a A. H ks, City Clerk
Council President Mixon announced that Item Number 16 was being removed
from the agenda.
5411
28 June 2010
Paul Ripp, 22985 High Ridge Road, addressed the City Council regarding the
BP Oil Spill and Fly Creek. He resubmitted his complaint from 2008 and gave a
copy to City Clerk Lisa Hanks. Mr. Ripp stated you could compare the BP Oil Spill
to the issues with Fly Creek. He said there are two lawsuits and possibly a third one
coming; asked the City Council to read the complaint and try to get this resolved. Fly
Creek is being damaged every time it rains.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:57 p.m.
Lonnie L. Mixon, Co ncil President
isa A. anks, City Clerk