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Home My WebLink About12-21-2022 City Council Meeting MinutesSTATE OF ALABAMA COUNTY OF BALDWIN )( )( The City Council, City of Fairhope, met in regular session at 3:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Wednesday, 21 December 2022. 9943 Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Corey Martin was absent. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Reverend Amanda Dosher of St. James Episcopal Church and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 12 December 2022, regular meeting; and minutes of the 12 December 2022, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1)Told everyone Merry Christmas; 2)Gave an update for the upcoming weather and mentioned the water at parks would be shut off; 3)Announced December 28, 2022 is Hot Chocolate with the Mayor for specific grades; 4)Reminded everyone of the New Year Festivities The following individual spoke during Public Pa rticipation for Agenda Items: 1)Gary Gover, 300 Lincoln Street, addressed the City Council regarding Agenda Item Number 7: He suggested that the City take advantage of the option for preconstruction engineering in order to obtain participation and input from the affected public on the project. Agenda Item Number 16: He suggested that the City Council take action necessary to implement impact fees for costs related to supporting schools, such as the provision of "safe routes to school." Councilmember Burrell told everyone Merry Christmas; thanked City staff, Mayor, and Councilmembers for a great year; and told citizens to be safe and careful during the holiday season and the cold weather. Councilmember Conyers told everyone Merry Christmas. Councilmember Boone also told everyone Merry Christmas. 9944 21 December 2022 Council President Robinson said it was a great year especially with the help of the employees working here. He too told everyone Merry Christmas. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Burrell introduced in writing an ordinance to repeal and replace Ordinance No. 1375; and to rezone Live Oak Properties, LLC property from Planned Unit Development (PUD) to R-1 Low Density Single Family. The property is approximately 3.79 acres and is located on the east side of Main Street, south of Parker Road. PPIN Number: 1194 7. The Planning Commission gave a favorable recommendation of this ordinance. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance; and answered any questions. Councilmember Burrell stated he attended the HOA meeting for the neighborhood next to this property; and they were positive about this rezone. He asked the owner if they would be willing to widen the sidewalks to match the sidewalk possibly to be put in and paid by the Eastern Shore MPO. Council President Robinson opened the Public Hearing at 3:41 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 3 :42 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the January 9, 2023 City Council meeting. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Burrell introduced in writing an ordinance to request to zone June Nelson Long's property to B-2 General Business District concurrent with conditional annexation into the City of Fairhope. The property is approximately 1. 7 acres and is located on the northeast comer of Greeno Road and Old Battles Road. PPIN Number: 26270. The Planning Commission gave a favorable recommendation of this ordinance. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance; and answered any questions. Councilmember Burrell questioned the County zoning. Council President Robinson opened the Public Hearing at 3:46 p.m. o one present opposed the proposed ordinance, the Public Hearing closed at 3 :46 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the January 9, 2023 City Council meeting. 9945 21 December 2022 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope, Alabama enters into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for Sidewalks along Fairwood Boulevard from Fairhope Avenue to Bayou Drive and from Patlynn Drive to Jan Drive and along Blue Island Street from Fairhope Avenue to Gayfer Avenue; Project# TAPAA-TA23(92); CPMS Ref# 100075869. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4653-22 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: That the City of Fairhope, Alabama enters into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalks along Fairwood Boulevard from Fairhope A venue to Bayou Drive and from Patlynn Drive to Jan Drive and along Blue Island Street from Fairhope A venue to Gayfer A venue; Project# T APAA-T A23(92); CPMS Ref# 100075869. Which agreement is before this Council, and that the agreement be executed in the name of the City of Fairhope, by Mayor Sherry Sullivan for and on its behalf and that it be attested by the City Clerk, Lisa A. Hanks, and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City. I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 21st of December, 2022, and that such resolution is on file in the City Clerk's Office. Attest: 9946 21 December 2022 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Fulgham's Inc. for Urban Forestry Consultant for the undeveloped 108 acres known as the "Triangle Property" at the North Gateway to the City; (RFQ No. PS021-22) with a not-to-exceed amount of $42,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 4654-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract with Fulgham's Inc. for Urban Forestry Consultant for the undeveloped 108 acres known as the "Triangle Property" at the North Gateway to the City; (RFQ No. PS021-22) with a not-to-exceed amount of $42,000.00. DULY ADOPTED THIS 21 ST DAY OF DECEMBER, 2022 n, Council President Attest: Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to Award (Bid No. 23-007-2023-PW-009) Construction of Pickleball Courts for Quail Creek Golf Course to American Tennis Courts, Inc. with a total bid proposal budgeted not-to-exceed amount of $1 14,519.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * * 9947 21 December 2022 RESOLUTION NO. 4655-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]Th at the City of Fairhope did request, receive, and open bids to procure servicesfor (Bid No. 23-007-2023-PW-009) Construction of Pickleball Courts for the QuailCreek Golf Course at 555 South Section Street in the City of Fairhope offices,Fairhope, Alabama.[2]At the appointed time and place, bids were received and tabulated as follows:American Tennis Courts, Inc. $114,519.00 [3]After evaluating the bid with the required specifications, American Tennis Courts,Inc. is now awarded (Bid No. 23-007-2023-PW-009) Construction of PickleballCourts with a total bid proposal budgeted not-to-exceed $114,519.00.ADOPTED ON THIS 21 ST DAY OF DECEMBER, 2022 Attest: Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to Award (Bid No. 23-010-2023-PW-008F) New Volanta Baseball Field Fencing for the Volanta Park Baseball Project to Cooper Fence Company, LLC with a total bid proposal budgeted not-to-exceed amount of $75,950.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. 9948 21 December 2022 RESOLUTION NO. 4656-22 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 to procure services for (Bid No. 23-010-2023-PW-008F) New Volanta Baseball Field Fencing for the Volanta Park Baseball Project at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2]At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation for New Volanta Baseball Field Fencing [3]After evaluating the bids with the required specifications, Cooper Fence Company, LLC is now awarded (Bid No. 23-010-2023-PW-008F) New Volanta Baseball Field Fencing with a total bid proposal budgeted not-to-exceed $75,950.00. Attest: ADOPTED ON THIS 21ST DAY OF DECEMBER, 2022 c,_,.,,F.........,.._T..,..._ ----a... .. �-..,..... ................... 0.--, ........ & ......... ----·- c....,ir.....,......,uc y _.,o..l...,_�---. --y -· ,::::> 10 a t4o,?,J ...,...,,.,,...,.._...,.........,. ----............ , ........ ..... y ... y . ... . .._ .,. . - --- .,,. ___ 1111,tl&.OO N7,CIOII.OO 9949 21 December 2022 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to Award (Bid No. 23-008) Annual Contract for Fire Extinguisher Inspection Services to Fire and Safety Commodities with a total bid proposal budgeted not-to-exceed $17,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4657-22 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 to procure servicesfor (Bid No. 23-008) for an Annual Contract for Fire Extinguisher InspectionServices at 555 South Section Street in the City of Fairhope offices, Fairhope,Alabama.[2]At the appointed time and place, bids were received and tabulated as follows:Please see attached Bid Tabulation for Annual Contract for Fire Extinguisher Inspection Services [3]After evaluating the bids with the required specifications, Fire and SafetyCommodities, Inc. is now awarded (Bid No. 23-008) Annual Contract for FireExtinguisher Inspection Services with a total bid proposal budgeted not-to-exceed$17,000.00.[4]The initial contract term would be for one (1) year, with extensions for two (2)additional one ( 1) year terms.Attest: ADOPTED ON THIS 21 ST DAY OF DECEMBER, 2022 al ilson, CMC City Clerk 21 December 2022 c., .. ,...,. ... ,_ ....... 1$4N, ... ldftlol ____ _ .... -•. 1111.,0:.,. .. ,--....... _ ....... _ -� ... ,----.. .... 1111 �- .....,.,., "" ' -' �, .. -' --._ ____-·--------·------�llihe�H111S .... .........,.. 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MlUI) 1!000 IJOU0 ..... "·" Sna.ao '''""'" .. � ,,., .. .. ... UUI 1!'11100 ''"·"' - ...... 5'1.00 ll<f>9<D I I 9951 21 December 2022 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of the Annual Renewal of Firewall Support/Subscriptions for the IT Department; this will be purchased through Omnia Partners Public Sector (Contract Number #2018011-02), and therefore does not have to be let out to bid. Total amount not-to-exceed $50,577.16, over budget $15,077.16. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4658-22 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 the Annual Renewal of Firewall Support/Subscriptions for the IT Department; purchased through Omnia Partners Public Sector (Contract Number #2018011-02) to SHI International Corp., and therefore does not have to be let out to bid. Renewal budgeted at $35,500.00, price increased $15,077.16, for a total cost not-to-exceed $50,577.16. Attest: ADOPTED ON THIS 21 ST DAY OF DECEMBER, 2022 �'- 'MC lerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement for the conversion of Munis from on premises services to Saas (Software as a Service) for the IT Department from Tyler Technologies as Sole Source Provider in the State of Alabama; exempt from formal bid pursuant to the Code of Alabama 1975, Section 41-16-51(13). Recurring fees for the SaaS will be $104,640.00 a year for three (3) years, plus one-time fees of $4,000.00 for a budgeted total not-to-exceed the amount of $317,920.00. The motion was seconded by Councilmember Boone. IT Director Jeff Montgomery said MUNIS is making us convert within three years. Councilmember Burrell questioned security and said the City has paid quite a bit to keep our system safe. Mr. Montgomery replied we must trust them and they are security certified. After further discussion, motion passed unanimously by voice vote. 9952 21 December 2022 RESOLUTION NO. 4659-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]That the City of Fairhope approves the procurement for the conversion of Munis from on premises services to SaaS (Software as a Service) for the IT Department from Tyler Technologies as Sole Source Provider in the State of Alabama; exempt from formal bid pursuant to the Code of Alabama 1975, Section 41-16-51(13). Recurring fees for Saas will be $104,640.00 a year for three (3) years, plus one-time fees of $4,000.00, (FY2023-$108,640.00, FY2024-$104,640.00, and FY2025- $104,640.00) for a budgeted total cost not-to-exceed the amount of $317,920.00. ADOPTED ON THIS 21 ST DAY OF DECEMBER, 2022 J,ay Robinson, Council President Attest: al ilson, CMC ity Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council, pursuant to Section 7.01 of the City of Fairhope Personnel Rules, Policies and Procedures grants December 23, 2022 (Christmas Eve Holiday) as a whole day for the fiscal year; and will be observed by all City personnel. Emergency and on-call employees will report to work as needed. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * 9953 21 December 2022 RESOLUTION NO. 4660-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council, pursuant to Section 7.01 of the City of Fairhope Personnel Rules, Policies and Procedures grants December 23, 2022 (Christmas Eve Holiday) as a whole day for this fiscal year; and will be observed by all City personnel. Emergency and on-call employees will report to work as needed. Attest: Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the Compensation and Job Classification Plan along with the Grade Order Sheet be amended and approved to reclassify the Special Projects & Grants Manager (Grade 14S) in the Administration Department to a Grants Coordinator (Grade l0S) in the Treasury Department; and approves the Grants Coordinator Job Description. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 4661-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the Compensation and Job Classification Plan along with the Grade Order Sheet be amended and approved to reclassify the Special Projects & Grants Manager (Grade 14S) in the Administration Department to a Grants Coordinator (Grade l0S) in the Treasury Department; and approves the Grants Coordinator Job Description. Robinson, Council President ATTEST: 9954 21 December 2022 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of TischlerBise, Inc. to perform Professional Financial Consulting Services to Study Update of Impact Fees for the City of Fairhope (RFQ PS23-10); and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by Christopher Cullen, El Barrio Fairhope, LLC d/b/a Nini Squares, located at 451 Magnolia A venue, Fairhope, Alabama. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine Off Premises License by Dustin Hewatt, MM CS Services, LLC d/b/a Deli Depot Food Mart Store #684, located at 355 South Greeno Road, Fairhope, Alabama. Councilmember Conyers move to approve the issuance of the license. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine Off Premises License by Dustin Hewatt, MM CS Services, LLC d/b/a Bay Shores Shortstop Store #687, located at 17026 U. S. Highway 181, Fairhope, Alabama. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Boone, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine Off Premises License by Dustin Hewatt, MM CS Services, LLC d/b/a Bay Shores Market Store #689, located at 9990 Fairhope Avenue, Fairhope, Alabama. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Councilmember Conyers moved to grant Willie Williams, President of Baldwin County Martin Luther King, Jr. Celebration Committee, Inc. -Requesting permission for a Parade/March beginning at 10:30 a.m. on January 16, 2023 for the Celebration of Dr. Reverend Martin Luther King, Jr. Birthday; to close the streets; use of the Fairhope Civic Center for program after the March; and use of the Rotary Youth Club after the program for children fun play area until 4:00 p.m. the motion was seconded by Councilmember Boone. Mayor Sullivan explained that the letter that was sent requested fees to be waived. Councilmember Burrell stated there is an ordinance is place that fees cannot be waived. City Clerk Lisa Hanks stated that is why that request was not placed on the agenda. After further discussion, motion passed unanimously by voice vote. Council President Robinson stated by ordinance we cannot waive fees but we can charge them non-profit fees. 9955 21 December 2022 The following individual spoke during Public Participation for Non-Ag enda Items: I)Gary Gover, 300 Lincoln Street, addressed the City Council regarding thecrosswalk risk on Highway 98 at Gayfer A venue used by pedestrians, bicyclists,and people with mobility aids. The crosswalk is on the south side of theintersection, crosses two southbound traffic lanes, one north-to-westbound tumand u-tum lane, one northbound left-hand lane, one northbound right-hand andright tum lane, and one breakdown lane that is used as a right tum lane by somedrivers. He stated the use of the breakdown lane as a right tum lane isinappropriate and presents a risk for accidents with users of the crosswalk. Mr.Gover said when people using the crosswalk and people using the breakdownlane cannot see each other, the consequences could be deadly. He said we need toregulate the use of the northbound breakdown lane; and the solution could beminor efforts.Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Boone, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 4: 15 p.m. , Clerk