HomeMy WebLinkAbout10-11-2021 City Council Meeting Minutes STATE OF ALABAMA
COUNTY OF BALDWIN
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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 2021.
9424
Present were Council President Jack Burrell, Councilmembers: Corey Martin,
Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E .
McDowell (arrived 6:20 p.m .), Attorney Marion E . Wynne (left at 6:24 p.m.) and
City Clerk Lisa A. Hanks. Councilmember Jay Robinson was absent.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Pastor Rick Malugani of Fairhope Christian
Church and the Pledge of Allegiance was recited. Councilmember Conyers moved to
approve minutes of the 27 September 2021 , regular meeting ; and minutes of the 27
September 2021 , work session. Seconded by Councilmember Martin, motion passed
unanimously by voice vote.
Mayor Sullivan addressed the City Council and presented Dick Schneider a
Certificate of Appreciation for his service on the Board of Adjustments and Appeals.
Mayor Sullivan thanked staff for their work on the budget: Kim Creech, Aislinn
Stone, Sara Powell , and the Leadership Team. She thanked the City Council again for
their work during the budget. Mayor Sullivan said this is a $113 ,000 ,000.00 proposed
budget; and briefly went over the highlights for the City Council and the audience .
Councilmember Martin said he was excited how we are going with our
Community .
Councilmember Conyers mentioned the Fairhope High School vs. Baker High
School game Friday night. He said that the Fairhope Middle School Football team is
playing in the Championship on Thursday ; and reminded everyone of the Kiwanis
Club of Eastern Shore's Gumbo Cookoff.
Councilmember Boone gave kudos to City Staff on the budget process ; and
s aid this is the best budget he has seen.
Council President Burrell thanked Staff and Department Heads for the budget.
He said a great deal of work is put into this budget; and it is easy to understand and
easy to follow .
9425
11 October 2021
A Public Hearing was held on a proposed ordinance to approve an Application
from Lonnie Gibbs d/b/a Mustache Mike's for a Franchise Agreement to install and
operate Italian Ice Vending Cart 100 ' to 200 ' left of the Fairhope Boardwalk Pier.
Councilmember Boone introduced in writing, an ordinance to approve an Application
from Lonnie Gibbs d/b/a Mustache Mike's for a Franchise Agreement to install and
operate Italian Ice Vending Cart 100 ' to 200' left of the Fairhope Boardwalk Pier.
Council President Burrell read the proposed ordinance.
Council President Burrell opened the Public Hearing at 6: 11 p.m. No one present
opposed the proposed ordinance , the Public Hearing closed at 6: 11 p .m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the October 25, 2021 City Council meeting.
Councilmember Martin introduced in wntmg an ordinance to Repeal and
Replace Ordinance No. 1463 : Amending Chapter 20 , Traffic , Article I , In General ,
Section 20-2 , Fairhope Code Of Ordinances ; specifically, the Committee members .
Due to lack of a motion for immediate consideration, this ordinance will layover until
the October 25, 2021 City Council meeting.
Councilmember Boone introduced in wntmg Ordinance No . 1731 , an
ordinance to declare that certain real property of the City of Fairhope (Part of K-1
Center for Fairhope Educational Enrichment Foundation, Inc. outlined in Exhibit A
attached to lease) is not needed for public or municipal purposes in response to an
offer to lease property from October 1, 2021 through September 30, 2046.
In order to take immediate action , Councilmember Boone moved for immediate
consideration. Seconded by Councilmember Conyers , motion for immediate
consideration passed unanimously by the following voice votes : A YE -Burrell ,
Martin, Conyers, and Boone. NAY -None. Councilmember Boone then moved for
final adoption of Ordinance No . 1731. Seconded by Councilmember Martin, motion
for final adoption passed by the following voice votes : A YE -Burrell, Martin ,
Conyers, and Boone. NAY -None . Councilmember Conyers commented he was glad
the northwest corner was carved out and thanked Council President Burrell.
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution for the approval of the FY 2021 -2022 Budget.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
*
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9426
11 October 2021
RESOLUTION NO. 4231-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the proposed Budget presented and reviewed the
11th day of October 2021 , be hereby approved , and adopted for the FY 2021-2022 ;
and
BE IT FURTHER RESOLVED, that the Annual Salaries of City Personnel shall be
as shown on a list entitled Annual Salaries of All City Personnel and said list filed in
the Office of the City Treasurer; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes the portion
of the Sales and Use Tax revenue for FY 2021-2022 that is restricted in the General
Fund Debt Pre-Payment Account can be used for General Fund operations up to the
$2,500 ,000.00 reduction; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes the portion
of the Sales and Use Tax revenue FY 2021-2022 that is restricted in the Capital
Projects Fund (Infrastructure Improvements Special Fund) can be used for General
Fund operations up to the $2 ,500 ,000 .00 ; and
BE IT FURTHER RESOLVED, that the City Council hereby approves a 1 % raise
across all Departments: General Government and Utilities including employees
capped for this budget cycle ; and 2 % set aside for merit raises for City of Fairhope
employees as defined in the proposed budget; and
BE IT FURTHER RESOLVED, that all raises and salary changes adopted in the
budget will become effective the day of passage .
ADOPTED THIS 11 TH DAY OF OCTOBER, 2021
ATTEST :
9427
11 October 2021
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution , a resolution to adopt the Holidays for FY 2021 -2022.
Seconded by Counci lm ember Conyers, motion passed unanimously by voice vote .
RESOLUTION NO. 4232-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , That the following 2021 -2022 holidays will be
observed by all City personnel except emergency employees:
Veterans Day
Thanksgiving Holidays -
1/2 Day Christmas Eve -
Christmas Holiday
New Year 's Day
Martin Luther King, Jr . -
Memorial Day
Independence Day
Labor Day
Thursday, November 11 , 2021
Thursday & Friday, November 25 & 26, 2021
Thursday, December 23 , 2021
Friday, Dece mber 24, 2021
Friday, December 31 , 2021
Monday, January 1 7, 2022
Monday, May 30, 2022
Monday, July 4, 2022
Monday, September 5, 2022
DULY ADOPTED THIS I 1 TH DAY OF OCTOBER, 2021
Attest
~ City Cl rk
9428
11 October 2021
Councilmember Martin moved to table Agenda Item No . 10: a resolution that
the City Council approves Dewberry Engineers , Inc. for an increase to the
Professional Engineering Services for Project #2: Bayou Drive , Fairway Boulevard,
and Fairhope A venue Transmission Systems Phase 2a: Improvements from Fairhope
Avenue at Ingleside to Bishop (RFQ No. PS014-18) for Construction Engineering
Inspection Services that were not included in the original contract which was for
Design and Master Planning. Seconded by Councilmember Conyers , motion passed
unanimously by voice vote .
Councilmember Boone introduced in writing , and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of 876 Gas Pressure Regulators for the Gas Department for inventory to
be purchased from M. T. Deason as Sole Source Provider in the State of Alabama and
is the authorized Itron Gas Utility Distributor. The units must fit into our existing
standardized system; and are exempt from formal bid pursuant to Code of Alabama
1975 , Section 41-16-51 (b )(7). The total cost will be $26,222 .76. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
RESOLUTION NO. 4233-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[l] That the City of Fairhope approves the procurement of 876 Gas Pressure
Regulators for the Gas Department for inventory to be purchased from M . T. Deason
as Sole Source Provider in the State of Alabama and is the authorized Itron Gas
Utility Distributor. The units must fit into our existing standardized system; and are
exempt from formal bid pursuant to Code of Alabama 1975 , Section 41-16-5l(b)(7).
The total cost will be $26 ,222 .76.
Adopted on this 11th day of October, 2021
Attest:
~&L City Cler
9429
11 October 2021
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope has voted to purchase
Two 2021 Chevrolet 2500HD 4x4 Silverado Trucks and Service Bodies for the Water
and Sewer 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
with a total estimated cost of $95,349.90. Seconded by Councilmember Martin,
motion passed unanimously by voice vote.
RESOLUTION NO. 4234-21
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) 2021 Chevrolet 2500HD
4x4 Silverado Trucks and Service Bodies for the Water and Sewer 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:
Bid Number: Tl93A
2021 Chevrolet 2500 HD Extended Cab 4x4
Silverado Truck with Utility Body
2021 Chevrolet 2500 HD Crew Cab 4x4
Silverado Truck with Utility Body
Cost is $46,744.45
Cost is $48,605.45
The Total Estimated Cost is $95,349.90
Adopted on this 11th day of October, 2021
Attest:
~nlfs>1MC
City Clerk
9430
11 October 2021
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution , a resolution that the City of Fairhope has voted to procure an
unbudgeted Patch Management Software, ManageEngine Desktop Enterprise Edition
for the IT Department; and the software is available for direct procurement through
the OMNIA Partners Contract which has been nationally bid ; and therefore, does not
have to be let out for bid . The cost will be $5 ,993.36. This software is to patch
Windows , 3rd Party, and all Operating Systems as recommended by Warren Averitt
Technology Group. Seconded by Councilmember Martin, motion passed
unanimously by voice v ote.
RESOLUTION NO. 4235-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1] That the City of Fairhope has voted to procure an unbudgeted Patch Management
Software, ManageEngine Desktop Enterprise Edition for the IT Department; and the
software is available for direct procurement through the OMNIA Partners Contract
which has been nationally bid; and therefore , does not have to be let out for bid. The
cost will be $5 ,993.36. This software is to patch Windows , 3rd Party, and all
Operating Systems as recommended by Warren Averitt Technology Group .
Adopted on this 11th day of October, 2021
Attest:
~J,!jja.L
City Clerk
Councilmember Martin introduced in writing , and moved for the adoption of
the following resolution, a resolution that the City of Fairhope has voted to procure
Kronos Timekeeping System Maintenance Annual Renewal for December 30 , 2021
to December 29 , 2022 for the IT Department with a cost not to exceed $25 ,246.08 .
This is a Sole Source service through Kronos; and authorizes procurement based on
the option allowed by the Code of Alabama 1975 , Section 41-16-51(13). Seconded by
Councilmember Conyers , motion passed unanimously by voice vote .
9431
11 October 2021
RESOLUTIO NO. 4236-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follow s:
[1] That the City of Fairhope has voted to procure Kronos Timekeeping System Maintenance
Annual Renewal for December 30, 2021 to December 29 , 2022 for the IT Department with a
cost not to exceed $25 ,246 .08 . This is a Sole Source service through Kronos ; and authorize s
procurement based on th e option allowed by the Code of Alabama 1975 , Section 41-16-
51(13).
Adopted on thi s 11th day of October, 2021
Attest:
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution , a resolution that the Fairhope City Council hereby accepts
the Gift of One Artwork to the City of Fairhope from Stacey Howell: "Oak Trees" (a
29-7 /8" x 40" Oil Painting on Canvas) valued at $3 ,000.00. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 4237-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the Fairhope City Council hereby accepts the Gift of One Artwork to the
City of Fairhope from Stacey Howell : "Oak Trees" (a 29-7 /8" x 40" Oil Painting on Canvas)
valued at $3 ,000.00 .
Adopted on this 11th day of October, 2021
Attest:
L ~~
City Clerk
9432
11 October 2021
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution , a resolution that the City Council hereby approves a one-
time field use agreement with Blast Soccer to rent the Manley Soccer Complex for
$4 ,000 .00 for its two-day 2021 Halloween Tournament. Standard damage and
cleanup deposits are required and will be returned to Blast Soccer on the completion
of the tournament as specified in the agreement. All other terms and conditions of
Fairhope's standard field use agreement shall apply and are incorporated into the
approved agreement. Seconded by Councilmember Martin, motion passed
unanimously by voice vote.
RESOLUTION NO. 4238-21
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves a one-time field
use agreement with Blast Soccer to rent the Manley Soccer Complex for $4 ,000 .00
for its two-day 2021 Halloween Tournament. Standard damage and cleanup deposits
are required and will be returned to Blast Soccer on the completion of the tournament
as specified in the agreement. All other terms and conditions of Fairhope 's standard
field use agreement shall apply and are incorporated into the approved agreement.
DULY ADOPTED THIS 11 TH DAY OF OCTOBER, 2021
Attest:
~~MC
City Clerk
City Council re v iewed an application for a Special Events License (Alcoholic
Beverage License) by Thomas B. McGregor, d/b /a Top Shelf Bar Services , LLC, for
the Fizzy Fest located 300 Fairhope Avenue , Fairhope , Alabama on October 24 , 2021
from 11 :00 a.m. to 2:00 p.m. Councilmember Martin moved to approve the issuance
of the license. Seconded by Councilmember Conyers, motion passed unanimously by
voice v ote.
9433
11 October 2021
City Council reviewed an application for a Restaurant Liquor License by Julie
Tew for JLJ Ventures, LLC d/b /a Bay Breeze Cafe Bar Grill, located at 212-1/2
Fairhope Avenue, Fairhope, Alabama. Councilmember Martin moved to approve the
issuance of the license. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
The following individual spoke during Public Participation for Non-Agenda
Items:
1) Stephanie Durnin , 209 Hemlock Dri ve, addressed the City Council regarding the
Fairhope Film Festival requiring guests to show proof of COVID vacc inations
(COVID Card) or proof from their doctor said they could not get the vacci nation for
entry to the festival. She said this was against the law pursuant to Alabama Act No.
2021-493: prohibits private businesses from requiring vaccination or proof of
vaccination as a con dition form purchasing goo ds or service or obtaining admission
to a private building. She requested the City Council to ask for their appro priation
back. Mayor Sullivan said she did not know they were requiring that and would
speak to th em about thi s issue .
Councilmember Boone moved to adjourn the meeting. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 6:36 p .m.
~:rifLJ.✓ ~nk~MC
City Clerk