HomeMy WebLinkAbout07-13-2015 City Council Meeting MinutesSTATE OF ALABAMA )(
COUNTY OF BALDWIN )(
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, 13 July 2015 .
6776
Present were Council President Jack Burrell , Councilmembers: Rich Mueller,
Diana Brewer, Michael A. Ford , and Ke vin Boone , Mayor Timothy M. Kant , City
Attorney Marion E . Wynne , and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Burrell called the meeting to
order.
Councilmember Brewer stated there was a need to add on an agenda item after
Agenda Item Number 15 , a resolution requesting the Education Advisory Committee
to work with City Staff to obtain propo sals including costs for each component of the
Education Advisory Committee study.
Councilmember Brewer mo ved to add on the above mentioned item not on
the printed agenda. Seconded by Councilmember Mueller, motion passed
unanimousl y by voice vote.
The invocation was given by Father Donald M. Smith, from St. James
Episcopal Church, and the Pledge of Allegiance was recited. Councilmember Brewer
mo ved to approve minutes of the 22 June 2015 , regular meeting ; minutes of the 22
June 2015 , work session; and minutes ofthe 22 June 2015 agenda meeting . Seconded
by Councilmember Mueller, motion passed unanimously by voice vote.
Mayor Kant addressed the City Council regarding the following items:
'
1) Thanked Public Works Department, Police Department, Volunteer
Fire Department, and City Staff for a great Fourth of July Celebration;
and thanked citizens for no issues during this event;
2) Announced Airport Board vacancies and the need to appoint
members ;
3) Mentioned budget time is here and revenues are up ; and
4) Announced Jimmy Cluster with 24 years of service is the Interim
Electric Superintendent.
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13 July 2015
Sherry Sullivan addressed the City Council and announced the following
items regarding Fairhope youth in Recreation Programs recreation in the City of
Fairhope:
1) Fairhope Peanut National Team came in second at the Alabama Dixie Youth
State Tournament;
2) Fairhope Ozone National All-Star Teams playing in State Tournaments;
3) Fairhope Peanut rookie Team played in a State Tournament;
4) Fairhope American Minor All-Star Team is playing in the Ozone State
Tournament and all of the above mentioned teams were District Champions;
and
5) Fairhope Girls Softball Team is playing in the World Series.
Mark Stejskal, Director of the Fairhope Point Clear Rotary Youth Club,
addressed the City Council and gave an update on the Youth Club. He said that
construction has begun and they have 41 children on the waiting list. He also
announced on August 21 , 2015 will be the GolfTournament for the Youth Club.
Councilmember Mueller introduced in writing Ordinance No. 1541, an
Ordinance to Amend Ordinance No . 1435; Section 2-83. Officers and Meetings;
specifically part (d) by changing the monthly meetings to the second Friday of each
month at 3:00 p.m. for the Fairhope Environmental Advisory Board. In order to take
immediate action, Councilmember Boone moved for immediate consideration.
Seconded by Councilmember Mueller, motion for immediate consideration passed
unanimously by the following voice votes: AYE -Burrell, Mueller, Brewer, Ford,
and Boone. NAY -None. Councilmember Mueller then moved for final adoption of
Ordinance No. 1541. Seconded by Councilmember Brewer, motion for final adoption
passed by the following voice votes: AYE -Burrell , Mueller, Brewer, Ford, and
Boone. NAY -None.
Councilmember Mueller addressed the City Council and stated contrary to all
that has been reported, we do not always agree; and he said it is a pleasure to serve
this community as a Councilmember.
Councilmember Brewer addressed the City Council and stated she appreciates
everyone's passion, honesty, and integrity. She also said it was a pleasure to serve on
the City Council.
Councilmember Ford addressed the City Council and commented the
Recreation Board meeting discussion was just housekeeping. He said that the
Recycling Committee was going well.
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13 July 2015
Councilmember Boone addressed the City Council and reiterated what Mayor
Kant about the Fourth of July Celebration which was an excellent event. He said that
Sherry Sullivan and staff did a great job. Councilmember Boone announced there are
three openings on the Personnel Board.
Council President Burrell addressed the City Council and requested that a
parking shuttle and short-term parking for downtown Fairhope be looked at during
the budget process.
Councilmember Brewer introduced in wntmg Ordinance No. 1542, an
Ordinance to Repeal Ordinance No . 659 and Code 1962 §2-21 thru §2-25, and to
Establish the Bylaws of the Municipal Harbor Board. In order to take immediate
action, Councilmember Boone moved for immediate consideration. Seconded by
Councilmember Brewer, motion for immediate consideration passed unanimously by
the following voice votes: AYE-Burrell, Mueller, Brewer, Ford, and Boone. NAY
-None. Councilmember Brewer then moved for final adoption of Ordinance No.
1542. Seconded by Councilmember Mueller, motion for final adoption passed by the
following voice votes: AYE -Burrell , Mueller, Brewer, Ford, and Boone. NAY -
None.
Council President Burrell introduced the following resolution, a resolution to
approve an Application seeking permission to form and incorporate an Educational
Building Authority of the City of Fairhope, Alabama and authorizing such
Incorporation for St. Michael Catholic High School; and to appoint the James Bailey,
Gary Cowles, and Ellis Ollinger, III as the initial Board of Directors of the
Educational Building Authority.
Council President Burrell mentioned that the City Council spoke in detail at the
Agenda Meeting regarding this resolution. He said the whole purpose is for tax
exempt status for bond issues for building the St. Michael Catholic High School.
Heyward Hosch with Maynard Cooper and Gayle was in attendance to answer any
questions from the City Council. Mr. Hosch is the attorney for the Mobile
Archdiocese.
*
*
*
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13 July 2015
RESOLUTION NO. 2378-15
A RESOLUTION APPROVING AN APPLICATION SEEKING
PERMISSION TO FORM AND INCORPORATE AN EDUCATIONAL BUILDING
AUTHORITY OF THE CITY OF FAIRHOPE, ALABAMA AND AUTHORIZING
SUCH INCORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA (the "City Council"), as follows:
Section 1. That the City Council, upon evidence duly submitted to and considered
by it, hereby finds and determines that the following application has been duly filed with the
governing body of the City of Fairhope for approval of the formation of a public corporation
under Chapter 17 of Title 16 of the Code of Alabama 1975 and that the persons executing said
application are residents and duly qualified electors of, and owners of real property in, the City of
Fairhope , Alabama:
APPLICATION
FOR AU"'MiORtTY TO INCO&.POKA TE
AI\"' 'ICI)U C ATIOKAL BUILDING AUTHORITY
--·--·----------
July 1 ~ 2.1}11'1
---------·---·
'TO TH£ GOVERNING .BODY OF ·rHE CrJ'V OF FAIRHOPF., ALA llAMA ;
~·c , the unde.a::Bi~u.ed, each being a d•.J..Iy q~d eolel..""tOC" a...od re.J.d~ot o£. and ownllkc c,f l"'ll:i!al
p:ropeoE"t.y an, C.hr. Ci.Ly af "F'JJiL"h<•l~~ Al.nbtu'Da, rio h.oroby apply to the. City Counc:i..l o~ the City of
.t'•1rhop.g, t;ho lr0''8L'ninll!! bo~ of said City , :for a.uthorit;y and pk".:naeaLoa to .fo1"d\. aud [ooorpohiltlill: n..n
educ.ca.tioaal buildialiii :~.uLhor:i~y to br lcni.)'W'n ::::~"Tho Ed~,~c..t.Jon«.l build;n~r it.:ut;h.orit)' of tho t~ty of
fl•i.rhopo, .... "\.J..abaln&-Sc. :\olichaet Ca:tholli Elich School. l"'ona of 'the undeu..igne.d apC)lic&eta lia a .u
oMcer of the •t3te, tlu!: counly. ur an)' i.nt"Lif'l-!Drn.t.ru~ llTlun.idl'~liLy .
Tbi.& application Sa aubn:UUed pu:ta'Uant to t.be provi..i.an.. of CbU~pte:r 1 '1 o£ 'Ti.~ 16 or t h.c
CODE OF .AI...ABA-'\o!A 1975. "'" ;a.Uln!led (L h~ ''f<:na~llinK J...,-w .. ).
"'rc ~qu...-.lt t.hat )IOU ~ ;;J.O Lhu a~o.....-:rn ictlf ~.a.Jy or LJLi.a CH:.· 3.na1 U\ n.ccol"'d.::l.O.C:t.:-wlth Lh~ 'EJ1aLUn"
l ... ..,... . .a.dcpt. .a. a:eaolut.ion d.olicl.a.l'inp;; tba.t it. ia wise. expe-die::oc. n.eceaaary and .a.dviaable that. 4Ll.::h a
puhl.ie OO.l'poC::~cat..ion 1M! tor02 ... .J ~ ;a uthOri..zJn" t.h~ u.Ddoo=:r""4ijin~ tc::~~ p~~d ~, (o..L'm iiU.C:::h. corpot-ar.:ioll., and
Ap-provin& t.bc propo•uC Certificate o:r Incorporatioa,. aub.~n i.tted lhJorcwr.i.th and •c:t .• :c h..d 'heme!~ to .....,
~
!N WITNESS \\IH.ER.EOJ.-.. e&eh ol' thl! Wldera:ignecf has axecu.tad Uti.• App.li.catioll em ttw date
and .)"'ll~r 1!.......-t ab~:~Yu -~tt..t n .
6780
13 July 2015
Section 2. That the City Council has reviewed and considered the foregoing
application and finds and determines, as a matter of fact, the statements in the said application are
true.
Section 3. That the City Council does hereby (1) find and determine as a matter of
fact that it is wise, expedient, necessary and advisable that the said Educational Building
Authority be formed and (2) approve the formation of the said Educational Building Authority
and the certificate of incorporation of the Educational Building Authority attached to the
foregoing application as hereinabove set forth.
Section 4. That the City Council does hereby grant perm1sston to form and
incorporate the Educational Building Authority and does hereby authorize the persons making
such application to proceed to form such Educational Building Authority.
Section 5. That the City Council does hereby appoint the following persons as the
initial board of directors of the Educational Building Authority for terms ending on the date and
year set opposite the respective names thereof:
Mr. James C. Bailey
Mr. Gary D. E. Cowles
Mr. Ellis V. Ollinger, III
End ofTerm
Second Monday ofNovember, 2017
Second Monday ofNovember, 2019
Second Monday ofNovember, 2021
Section 6. That all ordinances, resolutions, orders, or parts of any thereof, of the
City Council in conflict, or inconsistent, with any provision of this resolution hereby are, to the
extent of such conflict or inconsistency, repealed.
Section 7. That this resolution shall take effect immediately upon publication
hereof as provided by law.
Duly passed and adopted this 13th day of July , 2015
-
Attest:
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13 July 2015
In order to take immediate action , Councilmember Brewer moved for immediate
consideration. Seconded by Councilmember Mueller, motion for immediate
consideration passed unanimously by the following voice votes: AYE -Burrell ,
Mueller, Brewer, Ford, and Boone. NAY -None.
Councilmember Brewer then moved for final adoption of Resolution No. 2378-15 .
Seconded by Councilmember Mueller, motion for final adoption passed by the
following voice votes: AYE -Burrell , Mueller, Brewer, Ford , and Boone. NAY -
None.
The Council President Burrell thereupon declared said motion carried and the
resolution passed and adopted as introduced and read. He stated we spoke in detail at
the agenda meeting; and this formation of the Educational Building Authority is for
the Mobile Archdiocese to obtain Tax-Exempt status on bond issues for building St.
Michael Catholic High School.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to purchase a Knuckleboom Loader Truck for
the Public Works Department and the requested item is available for direct
procurement through the National Joint Powers Alliance ("NJP A") Buying Group
Contract. The cost is approximately $128 ,235.00 to allow for freight cost variations
at ship time. Seconded by Councilmember Ford , motion passed unanimously by
voice vote.
RESOLUTION NO. 2379-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
That the City of Fairhope has voted to purchase a 2016 M2 Freightliner Chassis with Pac-
Mac KBF20H (Knuckleboom Loader Truck) for the Public Works Department; and the
requested item is available for direct procurement through the National Joint Powers Alliance
("NJPA") Buying Group Contract. The cost is approximately $128 ,235 .00 to allow for
freight cost variations at ship time.
Adopted on this 13th day of July, 2015
Attest:
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13 July 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to Purchase SCADA System Annual
Software/Maintenance Agreement for the Electric , Water , and Gas Departments from
Survalent Technology as Sole Source Distributor with a cost of $18 ,390.00.
Seconded by Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 2380-15
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 SCADA System Annual
Software/Maintenance Agreement for the Electric , Water, and Gas Departments, from
Survalent Technology as Sole Source Distributor; and authorizes procurement based
on the option allowed by the Code of Alabama 1975 , Section 41-16-51(13):
"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 ." The cost will
be $18 ,890.00.
Adopted on this 13th day of July, 2015
Attest:
City Cler
Councilmember Ford introduced in writing , and moved for the adoption of the
following resolution, a resolution authorizing Mayor Timothy M. Kant to terminate
the contract with Judicial Correction Services (JCS ) per terms and conditions of the
referenced contract dated December 19 , 2005 ; specifically, paragraph 5. Mayor Kant
explained the need to terminate the contract and that Judge Snedeker recommended
termination which is in the best interest of the people. Seconded by Councilmember
Boone , motion passed unanimously by voice vote.
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13 July 2015
RESOLUTION NO. 2381-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did execute a contract with Judicial Correction Services
(JCS) for Professional Services to pro vide probation supervision and related services
for the benefit of the Court and the City of Fairhope on December 19 ,2005.
[2] Per the terms and conditions of the referenced contract, specifically Paragraph 5,
which allows the City to terminate this contract "with a thirty (30) day written
notice;" it is recommended that the contract for Professional Services with JCS be
terminated.
Adopted on this 13th day of July, 2015
Attest:
~~4,&L
City Clerk
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to Reject Two Truck Bids for the Public Works
that are not within budget; and to Award Terry Thompson Chevrolet, Inc., with total
bid proposals of $28 ,187.60 , for the Meter Department Truck and $30 ,670.90 for the
Water Department Truck , for the remaining two bids (Bid Number 027-15) for a total
cost of $58 ,858.60. Seconded by Councilmember Mueller, motion passed
unanimously by voice vote.
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13 July 2015
RESOLUTION NO. 2382-15
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 Five Fleet Pickup
Trucks for the Public Works , Meter , and Water Departments (Bid Nwnber 027-15) at
555 South Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] During the bid, one of the five trucks was removed from the bid process.
[3] At the appointed time and place , the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
Five Fleet Pickup Trucks for the Public Works ,
Meter, and Water Departments
[ 4] After evaluating the bid proposals with the required bid specifications , only one
bidder responded on the remaining four trucks . The Governing Body of the City of
Fairhope, Alabama, hereby rejects the two truck bids for the Public Works
Department that are not within budget ; and awards Terry Thompson Chevrolet, Inc.,
with total bid proposals of$28,187.60 for the Meter Department truck and $30,670.90
for the Water Department Truck , for the remaining two bids (Bid Nwnber 027-15) for
a total cost of$58,858 .50 .
Adopted on this 13th day of July, 2015
Attest:
~-#IL ~S:Mc
City Cler
13 July 2015
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Councilmember Boone moved to appoint Mary Gammer and reappoint Cathy
Hudson to the Recreation Board for a fi ve-year term which will expire April 2020.
Seconded by Councilmember Ford , motion passed unanimously by voice vote.
Councilmember Boone mo ved to appoint Diana Brewer as the City Council
Liaison to the Pedestrian and Bicycle Committee. Seconded by Councilmember
Mueller, motion passed by the following voice votes: AYE-Burrell , Mueller, Ford ,
and Boone. NAY-None. ABSTAIN-Brewer.
City Council re v iewed an application for a Restaurant Liquor License by
Noell Broughton for DBN, LLC , d/b /a Bone and Barrel , located at 311 Fairhope Ave,
Fairhope, Alabama. Councilmember Boone moved to approve the issuance of the
license. Seconded by Councilmember Ford , motion passed unanimously by voice
vote .
6786
13 July 2015
Councilmember Brewer mo ved to grant the request of Peter Cowley with the
Alzheimer 's Association requesting permission to hold its signature event "The Walk
to End Alzheimer's" on September 12 , 2015 at the Fairhope Pier (South Park). This
is a Fundraising Walk and sidewalks will be used: Fairhope Avenue , South Mobile
Street, Fels Avenue , Section Street, Oak Street , North Summit St, North Bayview
Street, and Magnolia St.; from 6:00a.m. to 1:00 p .m.; and permission to serve alcohol
on City property. Seconded by Councilmember Ford , motion passed unanimously by
voice vote.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution requesting the Education Advisory Committee
to work with City Staff to obtain proposals including costs for each component of the
Education Advisory Committee study. Seconded by Councilmember Mueller, motion
passed unanimously by voice vote.
RESOLUTION NO. 2383-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby requests the Education
Advisory Committee to work with City Staff to obtain proposals including costs for
each component of the Education Advisory Committee study.
Adopted on this 13th day of July, 2015
Attest:
The following individuals spoke during Public Participation:
1) Rick Dennis , 450 Nichols, addressed the City Council regarding the BP Clean
Water Act Report by Mayor Kant. He requested Fairhope's position on the
distribution of BP funds .
6787
13 July 2015
Mayor Kant replied that the whole Council will meet this week to discuss this
issue. He commented that one pot of money is designated to economic
development, one pot is Federal money approved for the five states; and the
other pot is Federal money approved for environmental projects. The State of
Alabama has a claim for approximately 500 million dollars and we don't want
this to be put into the State 's General Fund , but the Judge has not sent down
his Order yet.
2) Wyatt Townsend who is a Bo y Scout with Troop 47 addressed the City
Council and said he was in attendance working on a Merit Badge. Mr.
Townsend commented being her was very helpful and was learning about the
environment.
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 and possible settlement options regarding said pending
litigation. The approximate time to be in Executive Session is 20 minutes.
Councilmember Brewer moved to go into Executive Session. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
Exited the dais at 6:38p.m. Returned at 7:01p.m.
Council President Burrell stated we discussed an individual claim for the City of
Fairhope and need to authorize Mayor Kant to execute the settlement agreement with
the BP entities on behalf of the City. He commented we are under a Federal "Gag
Order" and cannot discuss the terms of the settlement at this time ; but the City must
comply by July 15, 2015.
Councilmember Mueller moved to add on the above mentioned item not on
the printed agenda. Seconded by Councilmember Brewer, motion passed
unanimously by voice vote.
City Attorney Wynne read the proposed resolution: a resolution authorizing Mayor
Timothy M. Kant accept and sign the Settlement Agreement and all required
supporting documents to conclude the matter regarding the BP Entities and the
Deepwater Horizon Oil Spill.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution authorizing Mayor Timothy M. Kant accept and
sign the Settlement Agreement and all required supporting documents to conclude the
matter regarding the BP Entities and the Deepwater Horizon Oil Spill. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
6788
13 July 2015
RESOLUTION NO. 2384-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M . Kant is hereby authorized to
accept and sign the Settlement Agreement and all required supporting documents to
conclude the matter regarding the BP Entities and the Deepwater Horizon Oil Spill.
Adopted on this 13th day of July , 2015
Attest:
~4L
City Clerk
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 7:05 p.m.
~(I/~ ~s~MC
City Cler