HomeMy WebLinkAbout04-10-2023 City Council MinutesSTA TE 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, 10 April 2023.
10034
Present were Council President Jay Robinson, Councilmembers: Jack Burrell,
Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City
Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Robinson called the meeting
to order at 6:05 p.m. The invocation was given by Reverend Dave Marnell of Jubilee
Shores United Methodist Church, and the Pledge of Allegiance was recited.
Councilmember Burrell moved to approve minutes of the 22 March 2023, regular
meeting; and minutes of the 22 March 2023, work session. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
Mayor Sullivan addressed the City Council and recognized Lieutenant Larry
Sledge and the Fairhope Police Dispatchers for National Public Safety and
Telec01mnunications Week with a proclamation that Lt. Sledge read.
No one spoke during Public Participation for Agenda Items.
Councilmember Conyers, Councilmember Boone, and Council President
Robinson welcomed back City Clerk Lisa Hanks. Councilmember Boone gave her an
"Atta girl."
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Boone introduced in writing Ordinance
No. 1773, an ordinance to rezone the property of Margaret and James Smith
(containing 5.34 acres, more or less), from R-2 Medium Density Single-Family
Residential District to R-1 Low Density Single-Family Residential Dist1ict. The
property is generally located east of Onyx Lane and north of Longleaf Lane,
Fairhope, Alabama. PPIN Number: 80716. 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 questions.
Council President Robinson opened the Public Hearing at 6: 15 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6: 16 p.m.
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10 April 2023
In order to take immediate action, Councilmember Burrell moved for immediate
consideration. Seconded by Councilmember Conyers, motion for immediate
consideration passed unanimously by the following voice votes: A YE -Burrell,
Martin, Conyers, Robinson, and Boone. NAY -None. Councilmember Burrell then
moved for final adoption of Ordinance No. 1773. Seconded by Councilmember
Conyers, motion for final adoption passed by the following voice votes: A YE -
Burrell, Martin, Conyers, Robinson, and Boone. NAY -None.
Councilmember Burrell introduced in writing Ordinance No. 1774, an
ordinance to annex James Edward Smith and Margaret Ballard Smith ( containing one
acre, more or less), property located east of Onyx Lane and no1ih of Longleaf Lane,
Fairhope, Alabama. Part of PPIN Number: 82432. In order to take immediate action,
Councilmember Burrell moved for immediate consideration. Seconded by
Councilmember Boone, motion for immediate consideration passed unanimously by
the following voice votes: A YE -Bun-ell, Martin, Conyers, Robinson, and Boone.
NAY -None. Councilmember Boone then moved for final adoption of Ordinance
No. 1774. Seconded by Councilmember Bun-ell, motion for final adoption passed by
the following voice votes: A YE -Bun-ell, Martin, Conyers, Robinson, and Boone.
NAY-None.
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council hereby approves and
authorizes the City of Fairhope to execute a Memorandum of Understanding between
the City of Fairhope, on behalf of its Police Department ("Fairhope PD"), and the
University of South Alabama, on behalf of its Police Department ("USAPD").
Seconded by Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 4717-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council hereby approves and authorizes the City of Fairhope to
execute a Memorandum of Understanding between the City of Fairhope, on behalf of its
Police Department ("Fairhope PD"), and the University of South Alabama, on behalf of its
Police Department ("USAPD").
Adopted on this 10th day of April, 2023
n, Council President
Attest: 4;,J/1� City Clerk
10036
10 April 2023
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that certain items are declared surplus and the
Mayor and City Treasurer are hereby authorized and directed to dispose of personal
property owned by the City of Fairhope by one of the three methods listed on the
resolution. Seconded by Councilmember Martin, motion passed unanimously by
voice vote.
RESOLUTION NO. 4718-23
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are
no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal
governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope, Alabama,
is not needed for public or municipal purposes, and hereby declared surplus:
2011 Cadillac CTS vin: 1G6DA1ED1B0150530
Seized Vehicle with a Rebuilt/Salvage Title
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to
dispose of the personal property owned by the City of Fairhope, Alabama, described m
Section 1, above, by one of the following methods:
a.Receiving bids for such property ("via GovDeals"). All such property shall be sold
to the highest bidder, provided, however, that the City Council shall grant the
authority to the Mayor to reject all bids when, in her opinion, she deems the bids to
be less than adequate consideration for the personal property.
b.Sold for scrap or recycle at the highest offered value.
c.Disposal via landfill.
ADOPTED AND APPROVED THIS 10TH DAY OF APRIL, 2023
ATTEST:
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10 April 2023
Councilmember Burrell 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 GeoCon Engineering & Materials Testing, Inc. for Special
Inspections and Construction Materials Testing for Water Treatment Plant No. 3;
(RFQ No. PS23-018) with a not-to-exceed amount of $15,000.00. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
RESOLUTION NO. 4719-23
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 GeoCon Engineering & Materials Testing, Inc. for Special
Inspections and Construction Materials Testing for Water Treatment Plant No. 3;
(RFQ No. PS23-018) with a not-to-exceed amount of$15,000.00.
DULY ADOPTED THIS 10TH DAY OF APRIL, 2023
Attest:
City Clerk
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 Pyro Productions, Inc. for Professional Consulting Design
and Production for Fourth of July Fireworks; (RFQ No. PS23-017) with a not-to
exceed amount of $40,000.00. Seconded by Councilmember Boone, motion passed
unanimously by voice vote.
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IO April 2023
RESOLUTION NO. 4720-23
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
Pyro Productions, Inc. for Professional Consulting Design and Production for Fourth of July
Fireworks; (RFQ No. PS23-017) with a not-to-exceed amount of $40,000.00.
DULY ADOPTED THIS 10TH DAY OF APRIL, 2023
Attest:
�t ;:�
City Clerk
Councilmember Martin 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 Volkert, Inc. to perfonn Professional Engineering Services
for Utilities Relocation for Baldwin County's County Road 64 Widening Project
(RFQ PS23-13) with a not-to-exceed amount of $100,000.00. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote. Councilmember
Burrell mentioned that this is I 00 percent reimbursable.
RESOLUTION NO. 4721-23
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
Volkert, Inc. to perform Professional Engineering Services for Utilities Relocation for
Baldwin County's County Road 64 Widening Project (RFQ PS23-13) with a not-to-exceed
amount of $100,000.00.
DULY ADOPTED THIS 10TH DAY OF APRIL, 2023
Attest:
�_L tsaAankMc
City Clerk
10039
10 April 2023
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized
to execute Change Order No. 1 for (Bid No. 23-007-2023-PW-009) Construction of
Pickleball Courts for the Quail Creek Golf Course for the installation of a new 1 0'
fence system with a cost of $10,983.00 and to award Change Order No. 1 to
American Tennis Courts, Inc. The new contract total will be $125,502.00. Seconded
by Councilmember Martin, motion passed unanimously by voice vote.
RESOLUTION NO. 4722-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute Change Order No. 1 for (Bid No. 23-007-2023-PW-009) Construction of
Pickleball Courts for the Quail Creek Golf Course for the installation of a new 1 0'
fence system with a cost of $10,983.00 and to award Change Order No. 1 to
American Tennis Courts, Inc. The new contract total will be $125,502.00.
Adopted on this 10th day of April, 2023
Attest:
°saA acl(s,MMC
City Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution to Reject all bids for the Foundation/Slab for
50'xl 00' Pre-Engineered Metal Building Truck Shed (Bid No. 23-019-2023-PWI-
00?S) due to excessive cost and to construct the foundation/slab in house. Seconded
by Councilmember Conyers, motion passed unanimously by voice vote.
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10 April 2023
RESOLUTION NO. 4723-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[l]That the bids for the Foundation/Slab for 50'xl00' Pre-Engineered Metal Building Truck
Shed (Bid No. 23-019-2023-PWI-OO?S) are hereby rejected due to excessive cost and to
construct the foundation/slab in house.
ADOPTED ON THIS 10TH DAY OF APRIL, 2023
ATTEST:
�� City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope authorizes the Mayor
to submit a letter to AMEA requesting $20,000.00 to be used for operating an
Entrepreneurial Development Center in partnership with the Baldwin Community and
Economic Foundation the 50lc3 ann of the Baldwin County Economic Development
Alliance, the University of Alabama and Coastal Alabama Community College.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4724-23
WHEREAS, the City of Fairhope is desirous to continue its partnership with the
Baldwin Community and Economic Foundation the 501 c3 arm of the Baldwin
County Economic Development Alliance and the University of Alabama to operate
an Entrepreneurial Development Center in space provided by and in conjunction with
PNC Bank; and
WHEREAS, Hatch a technology entrepreneurial development center located in
Fairhope, AL, successfully engages tech-entrepreneurs at its location in PNC
building. To date, Hatch with partners at the University of Alabama and Coastal
Alabama Community College has assisted numerous entrepreneurs. Because of Hatch
capital has been raised, technology is developing, and a vibrant tech entrepreneurial
eco-system is growing. Hatch continues to be a resource for technology-driven
entrepreneurs seeking to grow their ideas, technology, and companies in Fairhope,
Alabama; and
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10 April 2023
WHEREAS, there is funding available for said project through a Community
Development Grant from AMEA totaling $20,000.00; and
WHEREAS, the AMEA grant does not require a match, but does require a letter
requesting the grant with an outline of the purpose and intended
community/economic development project, program and/or initiative.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope authorizes the
Mayor to submit a letter to AMEA requesting $20,000.00 to be used for operating an
Entrepreneurial Development Center in partnership with the Baldwin Community and
Economic Foundation the 501c3 ann of the Baldwin County Economic Development
Alliance, the University of Alabama and Coastal Alabama Community College.
DULY ADOPTED THIS 10TH DAY OF APRIL, 2023
Attest:
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution to procure a New Sound System and installation
for the Nix Center; and the item is available for direct procurement through the
National Cooperative Purchasing Alliance ("NCPA") which has been nationally bid;
and therefore, does not have to be let out for bid. The total cost will be $34,510.00.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
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10 April 2023
RESOLUTION NO. 4725-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope has voted to procure a New Sound
System and installation for the Nix Center; and the item is available for direct
procurement through the National Cooperative Purchasing Alliance ("NCPA") which has
been nationally bid; and therefore, does not have to be let out for bid. The total cost will
be $34,510.00.
Adopted on this I 0th day of April, 2023
Attest:
j£aA ;;nk's, City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the fo11owing resolution, a resolution that the City of Fairhope approves the
procurement for the Annual Software Support Renewal of the Records Management
System which consists of five components for the Police Department pursuant to
Code of Alabama 1975, Section 41-16-51(a)l5. The total annual cost is $21,921.00.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4726-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement for the
Annual Software Suppo1t Renewal of the Records Management System which consists of
five components for the Police Department pursuant to Code of Alabama 1975, Section
41-16-5l(a)l5. The total annual cost is $21,921.00.
Adopted on this 10th day of April, 2023
n, Council President
Attest:
�� c:C:
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10 April 2023
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 addition of General Billing to the Munis Financial System from
Tyler Technologies a Sole Source Provider. The total cost for implementation and the
first year of service is $8,644.00; and for excess funds to come from the Log
Management line item. Seconded by Councilmember Martin, motion passed
unanimously by voice vote.
RESOLUTION NO. 4727-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[l]That the City of Fairhope approves the procurement for the addition of General
Billing to the Munis Financial System from Tyler Technologies a Sole Source
Provider. General Billing will be used by the Finance, Treasury and Revenue
Departments for creating invoices and bills for miscellaneous charges. The total cost
for implementation and the first year of service is $8,644.00; and for excess funds to
come from the Log Management line item.
Adopted on this 10th day of April, 2023
n, Council President
Attest:
�JIUL
City Clerk
Councilmember Martin moved to appoint Bryan Flowers to the Parking
Authority for a four-year tenn which will expire April 2027. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
City Council reviewed an application for a Special Events License (Alcoholic
Beverage License) by Thomas Bratton McGregor d/b/a Bottles Up Mobile Inc. for
the Crawfish Derby 2023 located at 14210 Greeno Road (Oak Hollow Fann Inc.),
Fairhope, Alabama on May 6, 2023. Councilmember Martin moved to approve the
issuance of the license. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
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10 Ap1il 2023
No one spoke during Public Participation for Non-Agenda Items.
At the request of the City Attorney, Marcus E. McDowell, the City Council
will rise from the meeting to go into Executive Session based on Section 36-25A-
7(a)(3) to discuss legal ramifications of and legal options for pending litigation; and
controversies not yet being litigated but imminently likely to be litigated or
imminently likely to be litigated if the govenunental body pursues a proposed course
of action. The approximate time to be in Executive Session is 50 minutes.
Councilmember Conyers moved to go into Executive Session. Seconded by
Councilmember Maiiin, motion passed unanimously by voice vote.
Exited the dais at 6:26 p.m. Returned at 6:51 p.m.
Councilmember Burrell 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 6:51 p.m.