HomeMy WebLinkAbout11-14-2011 Regular Meeting:W
STATE OF ALABAMA )(
COUNTY OF BALDWfN )(
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, 14 November 2011.
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 Austin Lee with Celebration Church and the
Pledge of Allegiance was recited. Council President Mixon asked if there were any
corrections to the minutes from the 19 October 2011 special city council meeting. He
then stated if there are no corrections, the minutes stand approved as written.
Council President Mixon asked if there were any corrections to the minutes
from the 24 October 2011, regular city council meeting. He then stated if there are no
corrections, the minutes stand approved as written.
Council President Mixon asked if there were any corrections to the minutes
from the 24 October 2011, work session meeting. He then stated if there are no
corrections, the minutes stand approved as written.
Mayor Kant addressed the City Council regarding the following items:
1) Recognized Fairhope High School for their outstanding year.
2) Recognized Jason Colee, IT Director, who will be leaving us and a
replacement is on the agenda.
3) Recreation Department will be divided into two sections: Inside and
Outside Recreation. Public Works Department will be divided with a Public
Works Director and a Project Management Director who will be over
construction and maintenance, custodians, fleet maintenance, and outside
contracts.
4) Veto of Proposed Amendment to Noise Ordinance was presented.
Councilmember Ford moved to approve the proposed divisions for the
Recreation Department and the Public Works Department as presented by Mayor
Kant. Seconded by Councilmember Kingrea, motion passed unanimously by voice
vote.
5847
14 November 2011
The next item on the agenda was the Mayor's veto of the proposed
amendment to the Noise Ordinance which was adopted by the City Council on
October 24, 2011. Due to no motion to overturn the veto, the Mayor's veto stands as
presented.
Councilmember Quinn addressed the City Council and mentioned someone
from the City should go to Mobile and meet with Google representatives.
Councilmember Quinn mentioned that she did not vote to overturn the Mayor's veto
because music is a large industry in Fairhope.
Councilmember Stankoski addressed the City Council on the following items:
1) Funeral Escorts — Tuscaloosa recently changed the rules for funeral escorts
and their Police Department does not participate in the escorts.
2) Noise Ordinance — He challenges the Mayor to come up with a workable
solution. The decibel level is not the only component that needs to be
addressed. Time and duration should be considered and in important. He
mentioned setting precedents for a small number of individuals: Duck Pond
closing at dusk, short-term rentals ordinance, and halting the sidewalks in a
certain subdivision which was going to be paid by the Fairhopc Single Tax
Corporation. He said we are not trying to close down businesses.
Council President Mixon welcomed back Jonathan Smith, Director of
Planning and Building, from his honeymoon.
Councilmember Ford addressed the City Council and stated the committee
made a decision to try reducing the decibel level or find a solution. The complainers
used to come to court and settle. Councilmember Ford mentioned that the
Councilmembers' e-mails are not very civil right now. He then read an e-mail from a
citizen regarding the Noise Ordinance as an example.
City Attorney Wynne mentioned that a decibel level is an objective standard
and not a subjective standard. This would hold up in court, but our old ordinance
could have been questioned.
Councilmember Kingrea moved to address the following item not on the
printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution that Police General Order 3.400 is hereby
amended to state that the Mayor and Chief of Police shall recommend for
appointment a Department Review Officer for the Fairhope Police Department and
the City Council has the authority to approve such appointment. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
WM
14 November 2011
RESOLUTION NO. 1866-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Police General Order 3.400 is hereby amended to state that the
Mayor and Chief of Police shall recommend for appointment a Department Review
Officer for the Fairhope Police Department and the City Council has the authority to
approve such appointment. The Department Review Officer must be an impartial
individual to serve in this capacity. Said Order is further amended to state that the
Review Officer shall continue to serve in that capacity until removed by the City
Council.
DULY ADOPTED THIS 14TH DAY OF NOVEMBER, 2011
Attest
isa A. anks, MMC
City C1 rk
Councilmember Kingrea moved to address the following item not on the
printed agenda. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
Councilmember Kingrea moved to approve the appointment of Deputy Chief
James Barber of the City of Mobile Police Department as the Department Review
Officer for the City of Fairhope Police Department. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
A Public Hearing was held as advertised on the request for a Lounge License
by Lisa Kincheloe, d/b/a The Jube Reunion, located at 902 Morphy Avenue,
Fairhope, Alabama. The public hearing was opened at 6:16 p.m. No one present
opposed the proposed Lounge Liquor License the Public Hearing closed at 6:16 p.m.
Councilmember Kingrea moved to approve the issuance of the license. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
�I •
14 November 2011
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution that each Full Time Permanent Employee and
Part Time Permanent Employee with a minimum of six (6) months longevity shall
receive a One Time Pay Increase for the period 1 December 2010 through 30
November 2011. Councilmember Ford questioned why this was not two percent
across the board. Councilmember Kingrea replied that the City Council budgeted two
percent. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
RESOLUTION NO. 1867-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that each Full Time Employee and Part Time Employee with a minimum of six
(6) months longevity shall receive a One Time Pay Increase for the period 1 December 2010
through 30 November 2011. Each qualifying Full Time Employee shall receive $900.00 and
each qualifying Part Time Employee shall receive $100.00. To qualify, the employee must
be a Permanent Full -Time Employee or Permanent Part Time Employee during this period.
An employee hired on or before the fifteenth (15th) day of a month will be given credit for
the full month; an employee hired on or after the sixteenth (16th) day of a month will not be
given credit for that month. In order to receive this One Time Pay Increase, an employee
must be employed on the 20th of November.
This One -Time Pay Increase will be awarded prior to 15 December 2011.
ADOPTED THIS 14TH DAY OF NOVEMBER, 2011
�v ` 60G�_
imot y M. Kan Mayor
ATTEST:
4" � V",/
isa A. Hanks, MMC
City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to accept all of Fairhope's public utilities
within Watershed Subdivision. Seconded by Councilmember Ford, motion passed
unanimously by voice vote.
5850
14 November 2011
RESOLUTION NO. 1868-11
WHEREAS, the Owners of Watershed Subdivision desire to have all public utilities
dedicated on the plat filed for record in the Probate Records of Baldwin County,
Alabama, on Slide 2459-B and 2459-C, accepted for maintenance by the City of
Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers
of the project that the design and capacity of the public improvements have been
designed in conformance with City requirements as indicated on the recorded plat,
and;
WHEREAS, the Public Works Director has indicated that the improvements meet
City requirements, and;
WHEREAS, the City of Fairhope, Alabama, is not and in no manner will be
responsible for the maintenance of common areas in the subdivision as indicated on
the recorded plat, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of
Watershed Subdivision maintenance bonds for the public improvements constructed
for a period of 2 years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for Watershed Subdivision are hereby accepted for public maintenance subject to the
bond posted.
Adopted, this 14th day of November, 2011
Attest:
isa a s, M C
City Clerk
5851
14 November 2011
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to authorize Mayor Kant to accept fee schedule
and execute a contract for Professional Engineering Services for Volanta Watershed
Management Plan with Jinright & Associates Development Engineers Consulting,
LLC. Seconded by Councilmember Kingrea, motion passed unanimously by voice
vote.
RESOLUTION NO. 1869-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
accept fee schedule and execute a Contract for Professional Engineering Services for
Volanta Watershed Management Plan (Volanta Gully) with Jinright & Associates
Development Engineers Consulting, LLC (PS014-11) not to exceed $30,000.00.
DULY ADOPTED THIS 14TH DAY OF NOVEMBER 2011
Attest:
r � � -, � a 12 L' -
isa anks, MMC
City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to award Bid for Sidewalk Improvements 2011
for the Greeno Road Sidewalk Improvement Project between Southland and Spring
Run Road (Bid No. 036-11). Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
5852
14 November 2011
RESOLUTION NO. 1870-11
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 Sidewalk
Improvements 2011 for the Greeno Road Sidewalk Improvement Project between
Southland and Spring Run Road (Bid Number 036-11) (PW005-11) 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:
Bid Tabulation is on file in the City Clerk's Office for
Sidewalk Improvements 2011 for the Greeno Road Sidewalk
Improvement Project between Southland and Spring Run Road
[3] After evaluating the bid proposals with the required bid specifications, C.
Thornton, Inc., with the total bid proposal not to exceed $260,485.00 is now awarded
the bid for Sidewalk Improvements 2011 for the Greeno Road Sidewalk Improvement
Project between Southland and Spring Run Road.
Adopted on this 14th day of November, 2011
Attest:
isa A. nks, MC
City Cler
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to award RFQ for On -Line Utility Payments for
any Internet Connection to City's Website with Paymentus. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
5853
14 November 2011
RESOLUTION NO. 1871-11
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 On -Line Utility
Payments for any Internet Connection to City's Website at 555 South Section Street
in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place; after evaluating the RFQ proposal with the
required specifications, Paymentus, is now awarded for On -Line Utility Payments.
Adopted on this 14th day of November, 2011
M. Ka t. Ma r
Attest:
AaA.uks,AMM
City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to authorize Mayor Kant to execute a One -Year
Contract for Advertising with the Press -Register for the Quail Creek Golf Course.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
5854
14 November 2011
RESOLUTION NO. 1872-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a One -Year
Contract for Advertising with the Press -Register for the Quail Creek Golf Course with a cost
not to exceed $5,492.24 ($105.62 weekly, for 3-day ads).
DULY ADOPTED THIS 14TH DAY OF NOVEMBER, 2011
Attest:
Cri'sa MMC
City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to authorize Mayor Kant to execute a
Contract for Advertising with Yellowbook, Inc. for the Quail Creek Golf Course.
Seconded by Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1873-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a Contract for
Advertising with Yellowbook, Inc. for the Quail Creek Golf Course with a cost not to exceed
$2,436.00 per year ($203.00 per month).
DULY ADOPTED THIS 14TH DAY OF NOVEMBER, 2011
M. KantjMayor
Attest:
isa . anks, MMC
City Cl rk
5855
14 November 2011
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to purchase two (2) Air Conditioner Units for the
Pro Shop and the Locker Rooms at the Quail Creek Golf Course. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1874-11
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 two (2) Air Conditioner Units for
the Pro -Shop and the Locker Rooms at the Quail Creek Golf Course. The cost will be
approximately $9,474.70.
Adopted on this 14th day of November, 2011
aTithy M. Ka t, Mayor
Attest:
�isa MMC
City Clerk
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to purchase Twenty -One (21) Sets of SCBA
Breathing Equipment Cylinders for the Fairhope Volunteer Fire Department.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
5856
14 November 2011
RESOLUTION NO. 1875-11
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 Twenty -One (21) Sets of SCBA
Breathing Equipment Cylinders for the Fairhope Volunteer Fire Department. The
cost will be approximately $18,459.00.
[2] Section 41-16-51-(13) states that contractual services and purchases of
commodities for which there is only one vendor or supplier and contractual services
and purchases of personal property which by their very nature are impossible to
award by competitive bidding.
[3] Sunbelt Fire, Inc. is the only authorized MSA SCBA Distributor and Accessories
for the State of Alabama.
Adopted on this 14th day of November, 2011
Timot y M. Kan Mayor
Attest:
isa A. H Wks, MC
City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to authorize the City Administration to negotiate
with Victory Real Estate and the Baldwin County Commission regarding the
retention area known as the "Winn Dixie Pond" for transfer, terms and conditions,
ownership, and maintenance; and Mayor Kant to sign all documents needed to
facilitate the transfer and relative to inter -local agreement. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
5857
14 November 2011
RESOLUTION NO. 1876-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby authorizes the following
pertaining to the retention area known as the "Winn Dixie Pond":
1. The City Administration to negotiate the transfer and terms of conditions
including the necessary documents, deed and title to transfer the ownership of
the retention area known as the "Winn Dixie Pond" from Victory Real Estate
Investments to the City of Fairhope; and Mayor Timothy M. Kant to sign all
documents needed to facilitate the transfer.
2. The City Administration to negotiate a inter -local agreement between the City
of Fairhope and the Baldwin County Commission to establish the terms and
conditions of the ownership and maintenance of the retention area known as
the "Winn Dixie Pond." The terms to include the requirement that the
Baldwin County Commission bare all cost associated with the engineering,
redesign, reconstruction of the pond; and that the County Engineer or his
agent certify that the completed projects meet all Federal, State, and Local
Laws; and Mayor Timothy M. Kant to sign all documents relative to this inter -
local agreement.
Adopted on this 14th day of November, 2011
Attest:
isa A. anks, MC
City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to authorize Mayor Kant to execute a
Contract for Professional Consulting Services for Procuring Radio Frequencies and
Licenses for the new radio system with Pros RF (PS005-12). Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
ow
14 November 2011
RESOLUTION NO. 1877-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Contract for Professional Consulting Services for Procuring Radio
Frequencies and Licenses for the new radio system with Pros RF (PS005-12) with a
cost not to exceed $15,000.00; and to suspend the selection committee process due to
severe time restraints.
DULY ADOPTED THIS 14TH DAY OF NOVEMBER, 2011
— I vv, . K,-: -��
y M. Ka t, Mayor
Attest:
�isa A. nks, mmC
City Clerk
Councilmember Kingrea introduced in writing, and moved for the
adoption of the following resolution, a resolution that the City of Fairhope elects to be
covered under the AMEA Energy Cost Levelization Rider (ECL-2008) beginning for
the month of October 2011 and continuing until we notify AMEA of any change.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
5859
14 November 2011
RESOLUTION NO. 1878-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope elects to be covered under the
AMEA Energy Cost Levelization Rider (ECL-2008) beginning for the month of
October 2011 and continuing until we notify AMEA of any change.
Adopted on this 14th day of November 2011
Ok
y M. Ka t, Mayor
Attest:
A�gv&
anks, MMC
City Clerk
Councilmember Ford moved for final adoption of an Ordinance to annex
Charles L. Carr and Lyn W. Carr's property, located at 8931 County Road 34,
Fairhope, Alabama. 46-08-28-0-000-023-009. (Introduced at the October 24, 2011
City Council Meeting). Due to a lack of a Second, motion for final adoption failed.
Councilmember Stankoski moved for final adoption of Ordinance No 1459,
an Ordinance to amend Ordinance No. 1384, Section 2, An Ordinance allocating the
funds collected from the City of Fairhope's Sales and Use Tax. (Introduced at the
October 24, 2011 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 Quinn moved for final adoption of Ordinance No. 1460, an
Ordinance to amend Ordinance No. 1385, Section 6, known as the City of Fairhope's
Sales and Use Tax Ordinance. (Introduced at the October 24, 2011 City Council
Meeting). Seconded by Councilmember Stankoski, motion for final adoption passed
unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and
Kingrea. NAY - None.
:e1
14 November 2011
Councilmember Mixon announced that Agenda Item Number 22, An
Ordinance to annex Gary L. Wolfe and Judy M. Wolfe's property was moot since
Agenda Item Number 19 was not approved.
Councilmember Kingrea introduced in writing an Ordinance to amend
Chapter 20, Traffic, Article I, General, Section 20-2. Authority of City Council. In
order to take immediate action, Councilmember Quinn moved for immediate
consideration. Councilmember Kingrea seconded the motion for immediate
consideration, motion failed for lack of a unanimous vote. This ordinance will
layover for final adoption at the next regular City Council meeting.
Councilmember Quinn introduced in writing Ordinance No. 1461, an
Ordinance to authorize the Issuance of the City's General Obligation Warrant in the
principal amount of $2,000,000. In order to take immediate action, Councilmember
Quinn 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
Stankoski then moved for final adoption of Ordinance No. 1461. Seconded by
Councilmember Kingrea, motion for final adoption passed unanimously by the
following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
City Council reviewed an application for a Restaurant Liquor License by
Misty Rider, R Bistro, L.L.C., d/b/a R Bistro and Pastry, located at 334 Fairhope
Avenue, 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 Off -Premises License
by Thomas Caine, T. Caine Grocery, Inc., d/b/a Cams Piggly Wiggly 4, located at
903 Fairhope Avenue, Fairhope, Alabama. Councilmember Ford moved to approve
the issuance of the license. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Councilmember Ford moved to grant the request of Tyler Kean, The Fairhope
Inn & Restaurant, requesting a variance in the sound ordinance for the Wiseman's
Ball, which is a Christmas "Toys for Tots" Charity Fundraiser, on Saturday,
December 17, 2011 from 7:00 p.m. until 10:30 p.m. The motion was seconded by
Councilmember Quinn. Councilmember Kingrea suggested that the music be cut-off
at 10:00 p.m. Councilmember Quinn replied the request is just for a half hour. After
further discussion, the motion passed by the following voice votes: AYE — Quinn,
Stankoski, Mixon, and Ford. NAY — Kingrea.
5861
14 November 2011
Councilmember Kingrea moved to grant the following requests: approval to
Fill vacancy for Equipment Operator and Convert the three Temporary Grass
Mowing Positions to Full Time Permanent Positions for the Public Works
Department; to Convert the Part -Time Customer Service Representative to Full Time
Position for Revenue Department; to Fill Vacancy for Part -Time Dispatcher and to
Appoint Two Police Corporals as Acting Sergeants for the Police Department, and to
Fill Vacancy for IT Director. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Council President Mixon opened the floor for Council President nominations:
Councilmember Kingrea nominated Lonnie Mixon for Council President and no other
nominations were made. The nomination was seconded by Councilmember
Stankoski. The floor for nominations was then closed. Lonnie Mixon was voted by
the Councilmembers as Council President by the following votes: AYE — Quinn,
Stankoski, Mixon, Ford, and Kingrea. NAY — None.
The floor was then opened for Council President Pro Tempore nominations:
Councilmember Stankoski nominated Mike Ford for Council President Pro Tempore
and no other nominations were made. The nomination was seconded by
Councilmember Kingrea. The floor for nominations was then closed. Mike Ford was
voted by the Councilmembers as Council President Pro Tempore by the following
voice votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY — None.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:41 p.m.
Lonnie L. Mixon, Coun it President
sa A. anks, MMC
City Clerk