HomeMy WebLinkAboutCity Council_Regular Session_Minutes_09_25_2023ST A TE OF ALABAMA
COUNTY OF BALDWIN
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The City Council. City of Fairhope. met in regular session at
6:00 p.rn .. Fairhope Municipal Complex Council Chamber.
161 North Section Street. Fairhope. Alabama 36532. on
Monday. 25 September 2023.
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Present were Council President Jay Robinson. Councilmembers: Jack Burrell.
Corey Martin. Jimmy Conyers. and Ke\'in 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 gi\·en by Senior Pastor Matt McCollum of
Trinity Presbyterian Church and the Pledge of Allegiance was recited.
Councilmember Burrell moved to approve minutes of the 11 September 2023, regular
meeting: and minutes of the 11 September 2023. work session. Seconded by
Councilmember Conyers. motion passed unanimously by \'oice vote.
Mayor Sullivan addressed the City Council regarding the following items:
I)Recognized the Fairhope High School, Student Government Association
and the students for the great parade and bonfire:
2)Announced Councilmember Conyers' daughter Anna Bowler Conyers is
the SGA President and was crowned Fairhope High School 2023
Homecoming Queen:
3)Thanked City Treasurer Kirn Creech and her staff. Department Heads. and
City Council for working on the FY 2023 -2024 Budget:
4)Mentioned the first mural by Hannah Legg is almost done: and
5)Recognized the Fairhope Junior City Council by having them introduce
themselves by stating their name. grade level. and school they attend. She
said they will be attending Committees and City Council meetings as well
as doing projects for the City.
No one spoke during Public Participation for Agenda Items.
Councilmember Martin stated that he and his family went down to the
Homecoming ("Hoco") parade and bonfire: and said it was hot.
Councilmember Conyers said the parade and bonfire was a fantastic e\'ent. He
said the Junior City Council is a great group of kids: and outstanding students.
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15 September 1013
Councilmember Boone said it was great seeing kids in\'olved in government.
Council President Robinson stated he heard the homecoming parade and
bonfire was a great e\ cnt and had a good turnout.
Councilmember Martin moved to postpone indefinitely Agenda Item Number
5 until the City Council's questions have been answered: an Ordinance to require
annexation for property outside the City Limits but contiguous to the City Limits for
new connection to the City of Fairhope's Water System. (Introduced at the August
19, 1013 City Council Meeting.) Seconded by Councilmember Burrell. motion passed
unanimously by voice vote.
Councilmember Burrell introduced in \\ntmg an ordinance to annex the
property of the Utility Board of the City of Foley d/b,a Riviera Utilities and the
Fairhope Single Tax Corporation ( containing I. 7 acres, more or less), property
located on Gayfer Road Extension. Fairhope. Alabama. Tax Parcel 46-06-14-0-000-
001.511. Planning Director Hunter Simmons: and answered any questions if needed.
Due to lack of a motion for immediate consideration, this ordinance will layo\'er until
the October 9. 2013 City Council meeting.
Councilmember Burrell introduced in wntmg an ordinance to amending
Ordinance No. 1510 known as the Personnel Rules. Policies and Procedures
Ordinance. Section 7 Time Off From Work. amending Section 7.04 Sick Leave Pay
Upon Retirement: Option to Convert Unused Sick Leave to Retirement Service.
Mayor Sullivan explained the ordinance; and answered any questions if needed. Due
to lack of a motion for immediate consideration. this ordinance will laymu until the
October 9. 1013 City Council meeting.
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution. a resolution that the City of Fairhope elects to come under
the provisions of �36-16-36.1. Code of Alabama 1975. authorizing employees the
option to convert unused sick leave to retirement service credit or take a one-time
lump sum payment according to the City of Fairhope Personnel Rules. Policies and
Procedures. Seconded by Councilmember Conyers, motion passed unanimously by
voice \'ote.
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25 September 2023
RESOLUTION NO. 4846-23
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF FAIRHOPE, ALABAMA. that the City of Fairhope elects to come
under the provisions of *36-26-36.1. Code of Alabama 1975. authorizing employees
the option to convert unused sick leave to retirement service credit or take a one-time
lump sum payment according to the City of Fairhope Personnel Rules. Policies and
Procedures.
BE IT FURTHER RESOLVED, that by electing to come under the provisions of
*36-26-36.1. the City of Fairhope agrees to assume the cost of benefits provided by
said Act with regards to its employees who are members of the Employees'
Retirement System of Alabama.
BE IT FURTHER RESOLVED, that the provisions of *36-26-36. I shall become
effective on the date of adoption of said Resolution.
Adopted on this 25th day of September. 2023
Attest:
Councilmember Burrell introduced in writing. and moved for the adoption of
the following resolution. a resolution to authorize submission of Pre-Application for
FY2024 Airport Improvement Program and Airport Infrastructure Grant Projects for
H.L. "Sonny" Callahan Airport (KCQF). Seconded by Councilmember Boone.
motion passed unanimously by voice vote.
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25 September 2023
RESOLUTION Nl1 l\1BER 4847-23
A RESOLUTION TO AUTHORIZE SUBMISSION OF
PRE-APPLICATION FOR FY2024 AIRPORT IMPROVEMENT
PROGRAM A'.'JD AIRPORT INFRASTRUCTURE GRANT PROJECTS
FOR H. L. "SONNY" CALLAHAN AIRPORT (KCQF)
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WHEREAS. the City of Fairhope. Alabama. as the designated Sponsor for H. L. "Sonny"
Callahan Airport (KCQF) intends to apply for Federal and State matching funds for an Airport
ImproYement Program Project (AIP) and an Airport Infrastructure Grant Project (AIG) during fiscal
year 2024: and
WHEREAS. the overall scope of the AIP and AIG projects is expected to be runway
rehabilitation. replacement of runway lighting. replacement of taxiway lighting. and parking lot
construction for a tenninal building: and
WHEREAS. the pre-application submission deadline is no later than September 29. 2023.
THEREFORE. BE IT RESOLVED. by the City of Fairhope. Alabama as follows:
I.That the City of Fairhope is authorized to make pre-application Application for
Federal Assistance for the AIP and AIG projects for FY2024 for the purpose of seeking Federal
funding through the AIP and AIG programs for each of the projects described above .
.., That the pre-application be submitted for and on behalf of the City of Fairhope by its
Mayor. as designated by the City Council. who is authorized by this Resolution to sign the pre
application and any related fonns or documents on behalf of the City of Fairhope.
3.That the final grant agreement. if AIP and/or AIG funds are awarded based on the
pre-application. shall remain subject to the approval of the City Council.
BE IT FURTHER RESOLVED. that the City of Fairhope. in reliance upon an appropriate
resolution from Fairhope Airport Authority. hereby affinns that the local matching share of funds in
the amount required for the AIP and or AIG project funds during FY2024 shall be the responsibility of
Fairhope Airport Authority. and not the City of Fairhope.
I.the undersigned qualified and acting as the City Clerk of the City of Fairhope. Alabama
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 named therein. at a regular meeting of such body held on
the 25th day of September. 2023. and that such resolution is on file in the office of the City Clerk. City
of Fairhope. Alabama.
IN WITNESS \\'HEREOF. I have hereunto set my hand and affixed the official seal of the
City of Fairhope on this 25th day of September. 2023.
ATTEST: �J/tL-
City Clerk
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25 September 2023
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement of a New Replacement Roof for the Quail Creek Cart Barn from Roof
Doctors with a not-to-exceed amount of $22.000.00. Seconded by Councilmember
Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 4848-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I]That the City of Fairhope approves the procurement of a New Replacement Roof
for the Quail Creek Cart Barn from Roof Doctors with a not-to-exceed amount of
$22,000.00.
[2]Three (3) quotes were obtained for this procurement and Roof Doctors provided
the lowest quote.
ADOPTED ON THIS 25TH DAY OF SEPTEMBER, 2023
Attest:
��L ISaAH anks,MC
City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope approves the
procurement and installation of a New Fire Alann Control Panel for the Civic Center
from Hunter Security with a not-to-exceed amount of $11,494.00: and authorizes
Mayor Sherry Sullivan to execute an installation agreement. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
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25 September 2023
RESOLUTION NO. 4849-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I]That the City of Fairhope approves the procurement and installation of a New Fire
Alann Control Panel for the Civic Center from Hunter Security with a not-to-exceed
amount of $11,494.00; and authorizes Mayor Sherry Sullivan to execute an
installation agreement.
[2]Three (3) quotes were obtained for this procurement and Hunter Security provided
the lowest quote.
ADOPTED ON THIS 25TH DAY OF SEPTEMBER, 2023
Attest:
�&L City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council hereby amends Resolution
No. 3859-20 that established the Pedestrian and Bicycle Committee for the City of
Fairhope; Rules of Procedure, Section C. The Committee shall meet every other first
Tuesday of the month at 4:00 pm at the Fairhope Museum of History beginning
January 2024. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
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25 September 2023
RESOLUTION NO. 4850-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby amends Resolution No.
3859-20 that established the Pedestrian and Bicycle Committee for the City of
Fairhope: Rules of Procedure, Section C. The Committee shall meet every other first
Tuesday of the month at 4:00 pm at the Fairhope Museum of History beginning
January 2024.
ADOPTED ON THIS 25TH DAY OF SEPTEMBER, 2023
ATTEST:
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the proposed FY 2023-2024 Budget
presented and reviewed this 25th day of September 2023. be hereby approved and
adopted for the FY2023-2024. Seconded by Councilmember Boone, motion passed
unanimously by voice vote. Councilmember Burrell commented when some of these
expenditures come up: there will be some lively discussions.
RESOLUTION NO. 4851-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the proposed Budget presented and reviewed the
25th day of September 2023, be hereby approved, and adopted for the FY 2023-
2024: 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 of Human Resources: and
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25 September 2023
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the portion
of the Sales and Use Tax revenue for FY 2023-2024 that is restricted in the General
Fund Debt Pre-Payment Account can be used for General Fund operations up to the
$2.900.000.00 reduction: and
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the p011ion of
the Sales and Use Tax revenue FY 2023-2024 that is restricted in the Capital Projects
Fund (Infrastructure Improvements Special Fund) can be used for General Fund
operations up to the $2.900.000.00: and
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City
Treasurer to perform Administrative Budget Transfers, as needed throughout the Fiscal
Year. Administrative Budget Transfer include transfers from one line item to another
within a depmtmenf s operating budget or within a capital project. More specifically:
Budget transfers less than $20.000.00 requires approval by the Mayor and City Treasurer.
All Administrative Budget Transfers are documented and tracked in the City's financial
management system.
BE IT FURTHER RESOLVED, that the City Council hereby approves 2% set aside for
Cost of Living Allowance ("COLA .. ) and up to 3% me1it raises for City of Fairhope
employees as defined in the proposed budget will become effective the first payroll in
December 2023.
BE IT FURTHER RESOLVED, that all other salary changes adopted in the budget will
become effective the first payroll after the passage of the budget.
ADOPTED THIS 25TH DAY OF SEPTEMBER. 2023
ATTEST:
City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution. a resolution that the City Council hereby authorizes Mayor
Sherry Sullivan to expend Impact Fees for projects designated from the Impact Fee
Account for services for the "Police", "Fire", "Transportation". and "Parks and
Recreation" Benefit Areas. Seconded by Councilmember Conyers. motion passed
unanim ously by voice vote.
10198 25 September 2023 RESOLUTION NO. 4852-23
WHEREAS, the City of Fairhope adopted Ordinance No. 1625, An Ordinance repealing and
replacing Ordinance No. 1331 to establish Impact Fees on new development in the City of
Fairhope on October 13. 2018 in accordance with Act No. 2006-300 enacted by the Legislature of
Alabama on April 4. 2006; and
WHEREAS, the City desires to use funds for "Police" which is a Benefit Area for (i) the cost
recovery of the City·s cost and expense related to the construction, development and improvement
of its justice center. (ii) the cost recovery of the City's cost and expense related to the
construction. development and improvement of its animal shelter, (iii) the acquisition of police
vehicles. and (iv) the acquisition of police-related apparatus and equipment. and (v) the police
component of the "'Impact Fee Study" prepared by TischlerBise; and
WHEREAS, the City desires to use funds for "Fire" which is a Benefit Area for (i) the
construction. development and/or improvement of fire stations. (ii) the acquisition of fire fighting
vehicles. and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the
"Impact Fee Study" prepared by TischlerBise; and
WHEREAS, the City desires to use funds for "Transportation" which is a Benefit Area for the
cost of intersection improvements made to address additional demand generated by New
Development and the transportation component of the "Impact fee Study" prepared by
TischlerBise; and
WHEREAS, the City desires to use funds for "Parks and Recreation" which is a Benefit Area for
(i)the acquisition of new public parks lands. (ii) the construction, development and ·or
improvement of public recreational facilities, (iii) the construction, development andior
improvement of public park amenities. (iv) the acquisition of new park vehicles. and (v} the parks
and recreation component of the "Impact Fee Study" prepared by TischlerBise; and
WHEREAS, the follov.ing project shall be paid from the Impact Fees Account and have met the
criteria stated to be paid from said Account:
TRANS-PARKS AND
POLICE FIRE PORTATION RECREA TIO!\'
FY2024 Bt.:DGET
PROJECTS
2024 W-Onw HR 100 Aerial
Ladder Truck 1.180.443.00
Bleacher Seating for New
Founders Track 135.000.00
Scoreboard for New Track 21.000.00
New Police Tahoe with
Equipment 79.418.00
Pickleball Lights 37.250.00
Resurface 266.000.00
Impact Fees for FY 2024 $79,418.00 $1,180,443.00 $266,000.00 $193,250.00
10199 25 September 2023
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan
to expend Impact Fees for the aboYe projects as designated from the Impact Fee Account for
services for the "Police", "Fire". ·'Transportation". and "Parks and Recreation" Benefit
Areas.
DULY ADOPTED THIS 25TH DAY OF SEPTEMBER. 202>
Attest ��u��nks,
City Clerk
Councilmemher Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves and adopts the
recommendations to fund new positions and approve pay grades: reclassify positions:
transfers: defund and delete positions as presented in the FY2024 Budget and in said
resolution. Seconded hy Councilmemher Boone. motion passed unanimously hy
voice \·ote.
RESOLUTION '.'10. 4853-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA. That the City Council appro\'es and adopts the recommendations to fund ne\\'
positions and approYe Pay Grades: reclassify positions: defund: and delete positions as presented
in the FY202-+ Budget as follm\·s:
Positions Department Status Pav Grade
:'lew Positions and/or Title Changes
Staff Accountant Treasurv FTE 10 GIS SuperYisor Planninl! FTE I I
Building and Fire Plans Ex,m1iner Building HE 10 Police Training Sergeant Police FTE 10 Police Officer (2) Police PTE 8 HR Coordinator IIR FTE 8 Code Enforcement Officer Re\·enue FTE 8 Customer Sen·ice Reo I Re\enue FTL 5
Meter Operations Supen isor l\leter FTE 9
Parks l\taintenancc Worker Recreation Seasonal 7
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25 September 2023
Youth Sports Program Coordinator Recreation FTE 9
Marina Worker Marina Harbor PTE 4
City Engineer/General Superintendent Public Works FTE 16
Gardner II Public Works FTE 7
Park Ranger Urban Forester Public Works HE 9
Mechanic Fleet FTE 7
Golf Shop Attendant (3) Golf Operations PTE ➔
Prnject Manager Gas HE 11
Line Crew Chief Electric HE 1-l
Water Operator Trainee Water FTE ➔
Water Operator II Water FIT 7
Equipment Operator I\' Sanitation HE 9
Defunded and/or Deleted Positions
ROW Construction Inspector Building HE 9
Police Corporal Police FTE 9
HR Coordinator HR PTE 8
Customer SerYice Rep I Re\·enue PTE 5
Meter Reader II Meter FTE 6
Emergency Management Coordinator Adult Recreation HE 9
Gardener I Public Works HE ➔
Starter Marshall Go! f Operation PTE 3
Equipment Operator Ill Sanitation HE 8
GIS Technician Planning HE IO
Transfers: I RO\',: Construction Super. isor-Buildin!!. Public Works FT IO
Utilitv Billin!.! Supenisor Re\·enue FT I 9
ADOPTED THIS 25TH DAY OF SEPTEMBER, 2023
ATTEST:
k&/tLJ-.-
City Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution. a resolution that the City of Fairhope approves the selection
of Krebs Engineering for Professional Engineering Services for (RFQ PS23-03 l)
Water Distribution System Capacity Expansion Project: and hereby authorizes Mayor
Sherry Sullivan to negotiate the not-to-exceed fee to be approw<l by Council.
Seconded by Councilmember Conyers. motion passed unanimously by \'Oice vote.
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25 September 2023
RESOLUTION NO. 4854-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I]That the City of Fairhope approves the selection of Krebs Engineering for
Professional Engineering Sen·ices for (RFQ PS23-03 I) Water Distribution System
Capacity Expansion Project: and hereby authorizes Mayor Sherry Sullivan to
negotiate the not-to-exceed fee to be approved by Council.
DULY ADOPTED THIS 25TH DA'{ OF SEPTEMBER. 2023
Attest:
City Clerk
Councilrnember Bocrne introduced in writing, and moved for the adoption of
the following resolution. a resolution that the City of Fairhope approves the
procurement of one (I) 2023 Toyota Tacoma Truck or equivalent for the Police
Department from Toyota of Montgomery with a not-to-exceed amount of $29,500.00.
Seconded by Councilmember BuJTell. motion passed unanimously by \·oice vote.
RESOLUTION NO. 4855-23
BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA. as follows:
[I]That the City of Fairhope approves the procurement of one (I) 2023 Toyota
Tacoma Truck or equirnlent for the Police Department from Toyota of Montgomery
with a not-to-exceed amount of 5;29.500.00.
[2) This purchase is under the new Purchasing Threshold and does not require fonnal
bids.
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25 September 2023
[3]A Request for Quote (RFQ) was submitted to three potential vendors for purchase.
[4]The funds for this purchase will be from:
•Insurance funds S 17.267.00
$12.233.00 •DEA Fund
ADOPTED ON THIS 25TH DAY OF SEPTEMBER. 2023
Attest:
Councilmember Martin moved to grant the request of Rita Daniell with
Fairhope Sunset Rotary Club, requesting pennission for the use of the City streets for
a fundraising event that will benefit local charities on Saturday. January 13. 2024 for
the 5th Annual 0.5K Run in Fairhope from 2:30 p.m. to 3:30 p.rn. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
The following individuals spoke during Public Participation for Non-Agenda
Items:
I)Mayor Sullinm addressed the City Council \\·ith two more com ments:
announced Constitution Week and the 75th Anniversary of New Era
Missionary Church.
2)Stephane Durnin. 209 Hemlock Orin:. addressed the City Council regarding
her opposition to some books in the teen section of the Fairhope Public
Library. She mentioned two years ago walking around the Teen Section with
books on a table; and handed out pictures she took. She suggested they look
at the appropriation to the Fairhope Public Library.
3)Jonah Elliott. student from Bayshore Christian. addressed the City Council
regarding a misunderstanding from the last meeting. He said they were not
banning the books just asking for those to be moved to the Adult Section.
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25 September 2023
4)Wendy Pickering, Private Investigator from Orange Becich. addressed the
City Council and said she docs social media investigations. Ms. Pickering
stated that se\'eral people requested her to investigate books in the Fairhope
Public Library; especially --1cs Perfectly Normal." She sciid based on the
Federal Law; this is child pornography. Ms. Pickering said she read the book
and looked at the law. She told the City Council. --you are now aware of it
and had time to re\'ie,\· the books. This is a serious issue:·
Councilmernber Burrell asked if these books were moved to the Adult
Section. would it still be illegal. Ms. Pickering replies yes.
At the request of the City Attorney. Marcus E. McDowell. the City Council
will rise from the meeting to go into Executi\'e Session based on Alabama Code
Section 36-25A-7(a)(3) to discuss imminent. potential. and pending litigation. The
approximate time to be in Executive Session is 45 minutes. Councilmember Burrell
moved to go into Executive Session. Seconded by Councilmembcr Conyers. motion
passed unanimously by \'Oice vote.
Exited the dais at 6:43 p.m. Returned at 7:30 p.m.
Councilmember Martin moved to adjourn the meeting. Seconded by
Councilmember Burrell. motion passed unanimously by voice vote.
There being no further business to come before the City Council. the meeting
was duly adjourned at 7:30 p.m.
�:dtl�
City Clerk