HomeMy WebLinkAbout10-11-2010 Regular Meeting5507
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, 11 October 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 Arthur Bosarge, Assistant Public Works
Director, and the Pledge of Allegiance was recited. Council President Mixon asked if
there were any corrections to the minutes from the 27 September 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 27 September 2010, work session. He then stated if there are no
corrections, the minutes stand approved as written.
Council President Mixon announced that Sergeant James "Jimmy" Davis was
selected as the Attorney General's Outstanding Law Enforcement of the Year and
also will attend the Federal Bureau of Investigation's National Academy in January
2011.
Councilmember Kingrea addressed the City Council regarding "Where Do
We Stand" with the following issues:
1) Nichols Street Deck — City Attorney Wynne stated the final hearing is up
for a final decision in November and it would be in our interest to not move
forward until this decision is made.
2) Noise Ordinance — Councilmember Kingrea and Gregg Mims are
working on a new policy that is less obstructive.
3) Memo regarding Employee Insurance stated the employee would have to
pay 15% is incorrect; we have been speaking about the changes for 6
months; the change will not go into effect until October 2011; our first
obligation is to the citizens of Fairhope; we decided on employees paying
part of their insurance and not lose jobs. Councilmember Kingrea stated that
if you could come up with a better idea or better plan please let us know.
The City Council is trying to find a way to save as many jobs as possible.
5508
11 October 2010
Mayor Kant addressed the City Council and stated he would be speaking for
our employees tonight. This City has always led not followed other Cities. Mayor
discussed the following issues:
1) Insurance is on everyone's mind and glad we are waiting on a year before
enacting. We need to slow down on increasing insurance premiums. The
premiums have been steady over the last few years. Co -pays have increased
to keep down the premiums. The problem is putting the burden just on
family coverage.
2) Retirement was for people who actually worked for the City. Let's look
at all ages. Medicare A & B should be kept. Mayor Kant explained a
situation with a retiree who did not have Medicare A & B and was without
insurance for months.
3) Dental insurance should be eliminated; and short-term and long-term
disability should be looked at for reducing costs. Obama Care will tax
insurance benefits next year.
4) Trash/Garbage/Recycle items are on the agenda. This is the hardest
working crew in the City. Make sure you put out what all these employees
do; like after hurricanes, they get you back to normal quickly. Let's work
together to show other Cities how to lower the total cost.
Councilmember Quinn addressed the City Council and asked about the status
of the Trash RFP and the boom the City declared as surplus. Jennifer Fidler, Public
Works Director, replied to the Trash RFP and said this was being included in the new
bid if approved tonight. We were working on the specifications for the RFP. City
Administrator Gregg Mims responded to the boom question and said the boom was
still in our inventory and the balance of the BP monies is still in our account until we
get an official response. Councilmember Quinn also stated that she and Mr. Mims
have been meeting with the County on the Booth/Bishop Road expansion; and
mentioned the oak tree would not be cut. They are also working with the State of
Alabama and Single Tax for possible funding for a sidewalk on Volanta Avenue:
Section Street to the 4-Lane. Councilmember Quinn also commented that she would
be out of town for the next meeting.
Councilmember Stankoski addressed the City Council and stated Mayor Kant
when you returned from Washington you commented how wonderful the other
Mayors were with outsourcing of garbage and recycling. He also asked about the
status of the cast iron pipe project in the Fruit and Nut section.
Council President Mixon stated that 33.8 percent of the total budget was for
salaries and benefits which is approximately $17,000,000.
5509
11 October 2010
Colonel Tipp, the 302nd Battalion Commander, 3rd Infantry Brigade,
addressed the City Council and gave a brief overview about the Alabama State
Defense Force. This is an all volunteer uniformed State Guard Reserve created by
state law to assume state military missions in the event of full or partial mobilization
of the Alabama National Guard. The Alabama State Defense Force supports the
Alabama National Guard and local EMA in natural disasters. During local
emergencies and community events, the Alabama State Defense Force helps with
traffic and crowd control, search and rescue, and shelter management. Lieutenant
Jablecki also represented the Alabama State Defense Force.
Charles Durgin, City of Fairhope employee who works at the Fairhope-Point
Clear Rotary Club, addressed the City Council and thanked the Mayor and Council
for supporting the youth club. He said the club is now serving an average of 63 kids
per day after school. We have a homework project which is going great and also
involves the whole family. We have a great outreach program; and are looking for
the community to become involved. Councilmember Kingrea stated that Mr. Durgin
has done a great job and increased participants by over 100 percent. The club needs
volunteers to help with the kids and it is worth a trip to visit the facility located at
19128 Young Street.
Council President Mixon announced that Item #8 has been pulled per the
request of Chief of Police Press.
Councilmember Stankoski moved to appoint Carson Nicolson, John "Cecil'
Christenberry, and Molly Peterson to the Fairhope Library Board, for a 4-year term.
The term shall end October 2014. Seconded by Councilmember Ford, motion passed
unanimously by voice vote.
Dotson Brown, P. O. Box 24, Fairhope, Alabama, addressed the City Council
and stated that he has been with the City for 25 years. Mr. Brown said three years
ago we were told no overtime which was fine; no big deal. We still have clean-up
and special events. Then we were told no merit raise, so the guys who work above
and beyond receive nothing. The cost of living raise was stopped. Employees come
to the City of Fairhope for the benefits; and the south end of the warehouse many of
the employees make $30,000 per year. They are living on a shoe -string budget. $90
to $100 dollars does not seem much, but when you are on a shoe -string budget it
hurts. When we outsource garbage, trash, and recycle, 15 guys will lose their jobs.
We can tell you how to cut corners, so come see us Thursday mornings.
Gary Gover, 300 Lincoln Street, addressed the City Council regarding bid for
solid waste, trash, and recycling. He said this is a joint operation with the City and
County. The County is looking to have an automated recycling center which would
have a significant impact of both City and County. When you prepare the RFP, we
need to keep options open for benefits for the City in the future.
5510
11 October 2010
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Kant to execute a contract
between the City of Fairhope and Thomas Hospital for the use of City facilities and
resources. The motion was seconded by Councilmember Quinn.
RESOLUTION NO. 1708-10
WHEREAS, Thomas Hospital serves a public purpose and the publicity that the Thomas
Hospital gives the City of Fairhope is a public service; and,
WHEREAS, We, Thomas Hospital, agree to work with the Mayor, and /or his agent(s), to
promote the City of Fairhope and to contribute time, employees, and other resources putting
on health related programs, meetings and programs affiliated with Thomas Hospital,
throughout the year in the Fairhope community, schools or at the hospital facilities. Many
events, schools, and Fairhope programs are sponsored by Thomas Hospital. The Thomas
Hospital Auxiliary provides hours of service to the hospital that benefit Fairhope citizens; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute contract between
the City of Fairhope and Thomas Hospital for use of the City facilities depending on
availability and permission from the Rental Facilities Manager; and resources including
personnel, but not security after normal business hours.
ADOPTED this 11th day of October, 2010
ATTEST:
AA
(�;isa A anks, City Clerk
Councilmember Quinn then moved to amend the resolution by deleting the
word "publicity" and adding "health education." The motion failed for lack of a
second.
After further discussion, Council President Mixon stated we have a motion and a
second for the resolution as introduced, motion passed unanimously by voice vote.
5511
11 October 2010
Councilmember Kingrea introduced in writing, and moved for the adoption of
a resolution that the City Administration has authorization to develop and issue a
Request for Qualifications ("RFQ") for a study with recommendations to modernize
and improve all existing utility services, equipment, and plants; existing roads; and
any and all other infrastructure needs of the City of Fairhope. The company/entity
that performs this study will not be allowed to bid and/or perform any of the work
recommended for the study. The motion was seconded by Councilmember
Stankoski.
Councilmember Ford stated we want to spend money for a study and Dotson Brown
said their people know the infrastructure. The person will prepare the report and get
the money, but we should give to the employees. Councilmember Stankoski stated he
would not suggest we do all of these, but prioritize and do one at a time. It would be
a lot of money, so we should do possibly one or two of the utilities. Councilmember
Quinn stated she agreed with Councilmember Stankoski. She said Water and Sewer
seems the most important; and the last sentence needs changing design and
construction. Councilmember Kingrea said we spoke about putting a two to five
million dollar band -aid on the Water and Sewer Plant. Our guys cannot prioritize
this; and we need a comprehensive strategic plan that sets out priorities and allows us
to set these in motion. He said this needs to be totally independent and they can
prioritize projects. This would be a plan to approach the projects. Councilmember
Kingrea asked; would it be more to do the study or to band -aid fix our infrastructure.
Mayor Kant stated Dan McCrory, Water and Sewer Department Superintendent,
wrote a letter regarding the sewer issues that are mandated to be corrected. The water
line and water tank needs to be addressed.
Council President Mixon suggested the City Council authorize an RFQ for the Water
and Sewer and put the rest over for future discussion. Mayor Kant commented that
ADEM has put us on notice.
After further discussion, Councilmember Quinn moved to amend the proposed
resolution by changing "utility services" to Water and Sewer services," deleting
"existing roads; and any and all other infrastructure needs of the City of Fairhope,"
and changing "of the work" to "design and construction." The motion was seconded
by Councilmember Stankoski. Council Mixon asked City Clerk Lisa Hanks to read
the amended resolution which she did: that the City Administration has authorization
to develop and issue a Request for Qualifications ("RFQ") for a study with
recommendations to modernize and improve all existing Water and Sewer services,
equipment, and plants. The company/entity that performs this study will not be
allowed to bid and/or perform any of the design and construction recommended for
the study. The following resolution as amended passed by the following voice votes:
AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford.
5512
11 October 2010
RESOLUTION NO. 1709-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Administration has authorization to develop
and issue a Request for Qualifications ("RFQ") for a study with recommendations to
modernize and improve all existing Water & Sewer services, equipment, and plants.
The company/entity that performs this study will not be allowed to bid and/or
perform any design or construction recommended for the study.
Adopted on this 1 Ith day of October, 2010
wK�
M. Vant, Mayor
Attest:
/Z
isa anks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
a resolution that any lawsuits or legal actions in which a City Official (Mayor, City
Councilmember, or City employee) is named as a party, that party is precluded from
participating in selecting legal counsel for the City. In any lawsuit where more than a
majority of Councilmembers and the Mayor are named individually, or the Mayor is a
named party, the City Attorney will name the counsel for the City subject to approval
by a majority of those Councilmembers not named as parties. The motion failed for
lack of a second.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution rejecting all bids for Solid Waste Collection and
Disposal for the Public Works Department (Bid Number 025-10). The motion was seconded
by Councilmember Stankoski and then commented if we want all of these services all
together then the bids need to be turned down. Councilmember Ford stated the
reason for rejecting the bids is because the City was lower. Councilmember Kingrea
replied that the City played with the bids after accepted. Councilmember Quinn said
the Mayor came back from his trip and proposed this RFP. After further discussion,
the motion for the following resolution passed by the following voice votes: AYE —
Stankoski, Mixon, Ford, and Kingrea. NAY - Quinn.
5513
11 October 2010
RESOLUTION NO. 1710-10
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 Solid Waste
Collection and Disposal for the Public Works Department (Bid Number 025-10) at
555 South Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] That the Governing Body of the City of Fairhope, Alabama, hereby rejects all bids
for Bid No. 025-10 for the Public Works Department.
Adopted on this 1 lth day of October, 2010
Attest:
isa A. ranks, Ci y Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
a resolution That the City Administration has authorization to develop and issue a
new Bid for Collection and Disposal Services of Solid Waste, Trash, and Recycling;
inclusive of residential and commercial; collection and disposal of solid waste and
trash in City parks; and clean up of the City's streets after all parades and special
events as needed. The motion was seconded by Councilmember Stankoski and then
commented that it does not hurt to look into it. Competition is good. Councilmember
Ford stated that after hurricanes the workers went to work immediately. He said this
is a big concern about outsourcing. Employees work for citizens and we had an
experience a few years ago regarding outsourcing. The City came back to the
employees.
City Administrator Gregg Mims addressed the City Council and state Department
Heads usually sit respectful. While at the National League of Cities, Jennifer Fidler,
Public Works Director, sent Ken Eslava, Assistant Public Works Director, an e-mail
that Mayor Kant wanted to go out on an RFP for outsourcing. Mr. Mims stated that
he and James Gillespie several times asked Ms. Fidler to come back with ideas to
help save on cost.
5514
11 October 2010
Jennifer Fidler addressed the City Council and stated Mr. Mims was incorrect and the
Public Works Study Group is where this idea came from. She once again stated this
is not correct and appealed to the City Council. She said this was not appreciated.
After further discussion, the motion for the following resolution passed by the
following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY —
Ford.
RESOLUTION NO. 1711-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Administration has authorization to develop
and issue a new Bid for Collection and Disposal Services of Solid Waste, Trash, and
Recycling; inclusive of residential and commercial; collection and disposal of solid
waste and trash in City parks; and clean up of the City's streets after all parades and
special events as needed.
Adopted on this 1 Ith day of October, 2010
Attest:
X/dz-/
fisa'X-nks,'Cfty Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution hat Mayor Timothy M. Kant is hereby
authorized to execute a Sellers Agreement between GovDeals, Inc. and the City of
Fairhope to list items for sale and for potential buyers to bid upon these items via an
Internet -based auction system. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
5515
11 October 2010
RESOLUTION NO. 1712-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Sellers Agreement between GovDeals, Inc. and the City of Fairhope to list
items for sale and for potential buyers to bid upon these items via an Internet -based
auction system.
DULY ADOPTED THIS 11TH DAY OF OCTOBER, 2010
Attest:
Lisa A. anks, ity lerk
Councilmember Quinn moved for final adoption of Ordinance No. 1438, an
ordinance replacing Ordinance No. 1345 to protect the public health, safety and
welfare by providing policy and procedure for park usage within the City of Fairhope.
(Introduced at the September 27, 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 to amend Ordinance No. 1439, an ordinance
amending Ordinance No. 1255 known as the Personnel Rules, Policies and
Procedures Ordinance, Section 6.01 Health Insurance Benefits and Section 6.05
Insurance Benefits for Retirees. (Introduced at the September 27, 2010 City Council
Meeting) by deleting "or" in Section 6.05 on the first line, and to delete "and" in the
second line and replace with "or". Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
5516
11 October 2010
Councilmember Kingrea moved for final adoption of Ordinance No. 1439, an
ordinance amending Ordinance No. 1255 known as the Personnel Rules, Policies and
Procedures Ordinance, Section 6.01 Health Insurance Benefits and Section 6.05
Insurance Benefits for Retirees as amended. The motion as amended was seconded
by Councilmember Stankoski. Councilmember Quinn asked if this ordinance could
be held over until we speak with employees and the Mayor. Councilmember Kingrea
replied we have been talking about this for six months, so we need to pass this which
puts pressure on them. We have a year to discuss and change if needed.
Councilmember Ford said if we have a year; what is the rush? Councilmember Quinn
suggested waiting a month and then come back. After further discussion, motion for
final adoption passed by the following voice votes: AYE — Stankoski, Mixon, and
Kingrea. NAY — Quinn and Ford.
Councilmember Quinn introduced in writing Ordinance No. 1440, an
ordinance to amend and add to Chapter 5, Animals and Fowl, Sections 5-30 and 5-31
which are the Disposition of Unredeemed Animals and Nuisance sections. In order to
take immediate action, Councilmember Quinn moved for immediate consideration.
Seconded by Councilmember Stankoski, 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. 1440. Seconded by Councilmember Kingrea, motion for final
adoption passed unanimously by the following votes: AYE — Quinn, Stankoski,
Mixon, Ford, and Kingrea. NAY - None.
Councilmember Quinn introduced in writing Ordinance No. 1441, an
ordinance establishing a procedure for any lawsuit or legal action against the City of
Fairhope.; and then moved to amend the ordinance by adding "the City
Administrator" as a party to be notified. Seconded by Councilmember Kingrea,
motion passed unanimously by voice vote.
Councilmember Stankoski moved to amend the ordinance by deleting "and
the City Council President, or Council's designee" and adding "the City Council."
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
In order to take immediate action, Councilmember Kingrea moved for
immediate consideration. Seconded by Councilmember Stankoski, 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. 1441 as amended. Seconded by
Councilmember Stankoski, motion for final adoption passed unanimously by the
following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY — None.
5517
11 October 2010
The request of Elisha Brewer requesting that Halloween (Trick or Treat
Activities) be changed from Sunday, October 31, 2010 to Saturday, October 30, 2010
was the next item on the agenda. The request failed for lack of a motion.
City Council reviewed an application for a Restaurant Liquor License by
Ruben Gimenez, Los Rancheros of Fairhope, Inc., d/b/a Agave Cocina Mexicana and
Tequila Bar, located at 104 Ecor Rouge Place, Fairhope, Alabama. Councilmember
Kingrea moved to approve the issuance of the license. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
City Council reviewed an application for a Beer/Wine On/Off Premises
License by Robert T. Coppoletta, Jr., Coppoletta Cuisine, LLC, d/b/a Mary Ann's
Deli and Catering, located at 85 N. Bancroft Street, Fairhope, Alabama.
Councilmember Quinn moved to approve the issuance of the license. Seconded by
Councilmember Ford, motion passed by the following voice votes: AYE — Quinn,
Mixon, Ford, and Kingrea. NAY — None. ABSTAIN — Stankoski.
City Council reviewed an application for a Special Retail License by Fairhope
Yacht Club, Inc., d/b/a Fairhope Yacht Club, located at 101 Volanta Avenue,
Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the
license. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
City Council reviewed an application for a Restaurant Liquor License by
Tamara G. Wintzell, d/b/a Tamara's at Mateers, located at 14 N. Church Street,
Fairhope, Alabama. Councilmember Kingrea moved to approve the issuance of the
license. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:20 p.m.
Lonnie L. Mixon, Coifncil President
i4Ahar�k/s, tMC
City CIA