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HomeMy WebLinkAbout12-11-2023 City Council MinutesST A TE 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, 11 December 2023. 10291 Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Martin called the meeting to order. The invocation was given by Dr. Darren McClellan. pastor of Fairhope United Methodist Church, and the Pledge of Allegiance was recited. Council President Martin stated there was a need to add on an agenda item after Agenda Item Number 26: a Resolution that the City of Fairhope approves the procurement of concrete and concrete fonning materials for the Batting Cages. The total cost is not-to-exceed $16,631.00. Councilmember Robinson moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Councilmember Robinson moved to approve minutes of the 27 November 2023, regular meeting: and minutes of the 27 November 2023, work session. Seconded by Councilmember Burrell, motion passed unanimously by \'oice vote. Mayor Sullivan addressed the City Council and thanked the City employees for the Christmas Parade and other events during this time of the year. She told everyone it was a great event. Mayor Sulli\'an addressed the City Council and introduced Boy Scout Ashton Sawyer with Pack 5087. Mr. Sawyer addressed the City Council and briefed them on his Interactive Tree Trail in North Park. He said there are 24 plaques with QR codes. He thanked the following indi\'iduals who helped him with this project: Mayor Sullivan, Jamie Rollins. George Ladd, Paige Crawford. Mae Moss Parker, Patrick Waldrop, Morgan Slay. Paul Fontenot, and the Tree Committee. Mayor Sullivan commented this is a "Legacy Project" due to the work Mike Ford did with the Tree Committee: and who is Ashton Sawyer's grandfather. 10292 11 December 2023 Items: The following individuals spoke during Public Participation for Agenda I)Gary Go,·er. 300 Lincoln Street, addressed the City Council regarding Agenda Number 23: a resolution that apprO\es Mayor Sulli\'an's selection of Pyro Productions. Inc. for our New Year E\'e's Fireworks Display. Mr. Go\'er mentioned the use of Artificial Intelligence to find issues \\'ith fireworks and environmental effects. He said we should find another way to ha\'e these big displays. 2)William Silcox, 8351 Highway 98 in Barn\\'ell, addressed the City Council regarding the issue \\'ith ,·ehicles not stopping while his children are trying to get on the bus for school. He asked for help \\'ith this issue. Councilmember Burrell thanked e\'eryone, Mayor Sullivan, and Community Affairs Director Paige Crawford for all of their hard work to make the Christmas Parade a great event. Councilmember Conyers congratulated Ashton Sawyer on his project; and Crystal for her festi\'e outfit. Councilmember Robinson thanked everyone for the Christmas Parade: and said it was a great e\'ent. Councilmember Boone reiterated what everyone else commented; and said this is his favorite City event and best parade. Council President Martin said he heard great comments regarding the Christmas Parade. He said good job everyone. Council President Martin announced Agenda Item Number 5 had been pulled from the Agenda. Councilmember Robinson introduced in wntmg an ordinance to annex the property of Nicole Scopolites, Administratrix for the Estate of James M. Scopolites, located at 8611 Gayfer A venue Extension, Fairhope, Alabama. Tax Parcel 46-02-09- 0-000-0 l 6.000 (PIN Number 43888). containing 4.66 acres, more or less. Due to lack of a motion for immediate consideration, this ordinance will layo\'er until the December 20, 2023 City Council meeting. * * 10293 11 December 2023 Councilmember Robinson introduced in writing. and moved for the adoption of the following resolution. a resolution that the City of Fairhope approves the procurement of a Three-Year Lease Renewal on the Hewlett-Packard DesignJet T2600 Plotter on NAPSO Contract for a 36/month lease and Service Agreement for a total FY24 Expense not-to-exceed $3,523.53); and to authorize Mayor Sherry Sulli\'an to execute the Lease Agreement and Service Agreement. Seconded by Councilmember Conyers. motion passed unanimously by voice vote. RESOLUTION NO. 4939-23 BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1]That the City of Fairhope approves the procurement of a Three-Year Lease Renewal on the Hewlett-Packard DesignJet T2600 Plotter under the Statewide/NAPSO Contract for $324.19/month for a 36/month lease. (9/months of FY24 with a not-to-exceed amount of $2,917.71); with Service Agreement of ($201.94/quarter for 3/quarters of FY24 with a not-to-exceed amount of $605.82): (Total FY24 Expense $3,523.53): and to author· e Mayor Sherry Sullivan to execute the Lease Agreement and Service Agreemen . Attest: �iMff� City Clerk EMBER, 2023 Corey Martin. Council President Councilmember Robinson 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 Watennark Design for Professional Architectural and Engineering Services for (RFQ PS24-004) Fairhope Municipal Pool Rehabilitation -Phase II Design Documentation with a not-to-exceed amount of $120.000.00. Seconded by Councilmember Boone, motion passed unanimously by voice \'Ote. 10294 11 December 2023 RESOLUTION NO. 4940-23 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 Watennark Design for Professional Architecture and Engineering Services for (RFQ PS24-4) airhope Municipal Pool Rehabilitation - Phase II Design Documentation with not-t -exceed amount of $120,000.00. Corey Martin. Council President Attest: City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services -Government Services to Royal Engineers and Consultants, LLC; and the cost of this contract will be detennined if it is activated at the time of a disaster. Seconded by Councilmember Conyers, motion passed unanimously by voice ,·ote. RESOLUTION NO. 4941-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA, as follows: [I]That the City of Fairhope did request receive. and open bids to procure services for (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services -Government Services at 555 South Section Street in the City of Fairhope offices. Fairhope. Alabama. 10295 I I December 2023 [2]At the appointed time and place, bids were received and tabulated as follows: AC Disaster Consulting 84 BOO USA. P.C. 59 Forvis 63 Goodwyn Mills Cawood 74 ICF Incorporated, LLC 68 Innovative Emergency Management. Inc. 79 Royal Engineers and Consultants, LLC 87 [3]After evaluating the bids with the required specifications, Royal Engineers and Consultants, LLC is now awarded (Bid No. 23-030) for Consulting Services for FEMA Public Assistance Management Services -o rnment Services. The cost of this contract will be detennined if it is activat at the ime of a disaster. The hourly rates for this finn are included in proposal. Corey Martin. Council President Attest: City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution. a resolution to award (Bid No. 23-031) Consulting Services for FEMA Public Assistance Management Services -Utility's Damage Projects to Royal Engineers and Consultants. LLC: and the cost of this contract will be detennined if it is activated at the time of a disaster. Seconded by Councilmember Conyers. motion passed unanimously by voice vote. * * 10296 11 December 2023 RESOLUTION NO. 4942-23 BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA as follows: [l]That the did request. recci\·e, and open bids to procure serYices for ( Bid No. 23-031) Consulting Sen·ices for City of Fairhope FEMA Public Assistance Management Services - Utility's Damage Projects at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2]At the appointed time and place, bids were recei\·ed and tabulated as follows: AC Disaster Consulting 82 BOO USA. P.C. 63 CSA Consulting Group, LLC 79 Good\\'yn Mills Cawood 77 ICF Incorporated, LLC 73 Inno\'ati\·e Emergency Management, Inc. 80 Royal Engineers and Consultants, LLC 90 [3]After C\'aluating the bids with the required specifications, Royal Engineers and Consultants, LLC is now awarded (Bid No. 23-031) for Consulting Sen·ices for FE.MA Public Assistance Management Sen·iccs Utility's Damage Projects. The cost of this contract will be detennined if it is activated at the time of a disaster. The hourly rates for this firm are included in proposal. DULY ADOPTED THIS 11 TH DAY Corey Martin, Council President Attest: �#JL City Cler Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullirnn is hereby authorized to execute a Contract with Watershed for Professional Architectural and Engineering Sen-ices for (RFQ PS24-008) Nature Center Building Rehabilitation with a not-to-exceed amount of $48,000.00. Seconded by Councilmernber Burrell, motion passed unanimously by \·oice vote. Rebecca Bryant with Watershed was present to answer questions. 10297 11 December 2023 RESOLUTION NO. 4943-23 BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract \\'ith Watershed for Professional Architectural and Engin Services for (RF" __ _ Nature Center Building Rehabilitation with a not-to-ceed unt of $48,00 . 0. DULY ADOPTED THIS 11TH DA Corey Martin, Council President Attest: Councilmember Robinson 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 Gresham Smith for Professional Engineering Services for (RFQ PS24-009) Section Street Resurfacing in the Central Business District (CBD) with a not-to-exceed amount of $59,517.00. Seconded by Councilmember Boone. motion passed unanimously by voice vote. RESOLUTION NO. 4944-23 BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Gresham Smith for Professional Engineering Ser,ices for (RFQ PS24-009) Section Street Resurfacing in the Central Business District (CBD) with a not-to-exceed amount of $59,517.00. Corey Martin, Council President Altes!: �:,� City Clerk 10298 1 1 December 2023 Councilmember Boone 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 Kimley-Hom and Associates, Inc. for Professional Engineering Services for (RFQ PS23-027) Force Sewer Main Upgrades with a not-to­ exceed amount of $530.000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 4945-23 BE IT RESOL\'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Kimley-Horn and Associates, Inc. for Professional Engineering Services for (RFQ PS23-027) Force Sewer Main Upgrades with a not-to­ exceed amount of $530.000.00. Corey Mai1in, Council President Attest: /411/!U� A.H s,MM City Cieri< 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 Kimley-Hom and Associates, Inc. for (RFQ PS24-0 I 0) Professional Engineering Services for the Lead Service Line Inventory and Compliance -Phase I with a not-to-exceed amount of $77,700.00. Seconded by Councilrnember Robinson, motion passed unanimously by ,,oice vote. * * 10299 11 December 2023 RESOLUTION NO. 4946-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA. That Mayor Sherry SulliYan is hereby authorized to execute aContract with Kimley-Hom for (RFQ PS24-0 I 0 ) Professional Engineering SerYices for theLead Se1Tice Line lnYentory and Compliance -Phase 1 with a not-to-exceed amount of$77 ,700 .0 0.·1 -DULY ADOPTED THIS 11 TH DA OF�:.,-�----Corey Martin, Council PresidentAttest:L �#� City ClerkCouncilmember 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 Krebs Engineering and Associates for Professional Engineering Services for (RFQ PS23-025) Wastewater Treatment Plant Headworks Improvements with a not-to-exceed amount of $350,000.00. Seconded by Councilmember Boone. motion passed unanimously by voice vote. RESOLUTION NO. 4947-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA , That Mayor Sherry Sullivan is hereby authorized to execute a Contract withKrebs Engineering for Professional Engineering Se ices for (RFQ PS23-025) WastewaterTreatment Plant Head works lmproYements \\'ith a t-t -exceed amount of $350,000 .00.Corey Martin. Council PresidentAttest:6� isaAanks, MMC City Cl rk 10300 I I December 2023 Councilmember Robinson introduced in writing. and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Temporary Construction Easement and Purchase Options between the City of Fairhope. Grantee. and Bible Way Holiness Church. Grantoc for a non-exclusive temporary construction easement. Seconded by Councilmember Conyers. motion passed unanimously by voice vote. RESOLUTION NO. 4948-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That Mayor Sherry Sullivan is hereby authorized to execute a Temporary Construction Easement and Purchase Options between the City of Fairhope. Grantee. and Bible Way Holiness Church, Grantor. for a non-exclusive temporary construction easement: one 50'x 125' temporary construction easement for a pilot test well on the northwest corner of Grantor's Property for the purpose of constructing a \\'ater well pilot bore and possible construction of a pemrnnent in-ground water well on the subject property. Corey Martin. Council President Attest: �dfc/41_ City Clerk Councilmember Robinson introduced in writing. and moved for the adoption of the following resolution. a resolution that Mayor Sherry Sulli\'an is hereby authorized to execute a Temporary Construction Easement and Purchase Options between the City of Fairhope, Grantee, and Baldwin County Board of Education, Grantor, for the fi)llowing non-exclusi\'e temporary construction easements. Seconded by Councilmember Conyers. motion passed unanimously by \'oice vote. 10301 11 December 2023 RESOLUTION NO. 4949-23 BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That Mayor Sherry Sulli\'an is hereby authorized to execute a Temporary Construction Easement and Purchase Options between the City of Fairhope. Grantee. and Baldwin County Board of Education. Grantor. for the following non-exclusi\·e temporary construction easements: one 50'x50' temporary construction easement for a pilot test well on the northeast corner of Fairhope East Elementary School (''Fairhope East"): one I 5-foot casement across the northeast side of Fairhope East to the pilot test well: and one 30' x I 50' temporary construction easement on the northeast side of Fairhope to Well 88). for the purpose of constructing a water well pilot bore and possible construction of a permanent in-ground water well on the northeast corner of Fairhope East Elementary School campus. Adopted on this I I th Corey Martin. Council President Attest: Councilmcmber Boone Conyers introduced in wntmg, and 1110\'ed fix the adoption of the following resolution. a resolution that until further notice and until feasibility studies arc completed. the City Utility Department will not issue availability certificates for sewer ser\'ice to new applicants outside the corporate limits of the City of Fairhope. Seconded by Councilmember Conyers. motion passed unanimously by \'Oicc \'ote. * * 10302 I I December 2023 RESOLUTION NO. 4950-23 WHEREAS. in recent years the explosi\'e growth of the City of Fairhope has put heavy demands on the resources of the City to meet the sewer needs of Fairhope residents and businesses: and \VHEREAS. these demands on the City's resources. particularly the demand for sewer. ha\'e made it increasingly difficult for the City to meet the needs of Fairhope·s customers while continuing with the City's policy of serving sewer customers outside Fairhope's corporate limits: and WHEREAS. while the City is presently engaged or will be engaged in research and professional studies designed to detennine adequate capacity frH" se\,·er services and potential expansion of sewer infrastructure. the success of the effort is far from certain and. in any e\ ent. the costs of securing additional infrastructure fr1r sewer services \\·ill be substantial: and \VHEREAS, the Go,·erning Body of the City of Fairhope finds and declares its primary purpose to be the pro\'ision of sewer service to customers located within the coqxH"ate limits of the City of Fairhope. NOW, THEREFORE, BE IT RESOL\'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAl\lA. That until fu11her notice and until feasibility studies arc completed. the City Utility Depai1ment \\'ill not issue availability ce11iticates for se\,·er service to new applicants outside the corporate limits of the City of Fairhope. Additionally, as alternate sewer ser\'ices including but not limited to septic tanks. aerobic lagoons. hydrogrnph lagoons. trench filters. alternate commercial sen·ices, etc .. arc not subject to inspection or pern1itting and do not meet the stringent standards of the City • airhope, an applicant using any of these alternate sc\\'er types or ser\'ices \\·ill 1ot b eligible for annexation into the corporate limits of the City of Fairhope. ADOPTED THIS 11 TH DA: Corey Martin. Council President Attest: �L� City Clerk 10303 11 December 2023 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 Lights and Poles for the Greeno Road Median between Sportsman Marine to State Route I 04 from Gresco for a not -to exceed cost of $295.200.00; and authorizes procurement without fonnal bid based on the option allowed by the Code of Alabama 1975. Section 41-16-51 (b )(7). Seconded by Council member Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4951-23 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 Lights and Poles for theGreeno Road Median between Sportsman Marine to State Route I 04 from Gresco fora not -to exceed cost of $295,200.00: and authorize rocurement without formal bidbased on the option allowed by the Code of A lab a 975, Section . -51 (b )(7).ADOPTED ON THIS 11 TH DA Corey Martin . Council President Attest: �li/tL�City Clerk Councilmember Robinson introduced in writing . and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Weathering Steel Poles from Meyer Utility Structures for a not-to­exceed cost of $283.224.00; and authorizes procurement without fonnal bid based on the option allowed by the Code of Alabama 1975. Section 41-16-5l(b)(7). This is a Sole Source Provider. Seconded by Councilmember Burrell, motion passed unanimously by voice vote . ** 10304 11 December 2023 RESOLUTION NO. 4952-23 BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA. That the City of Fairhope approves the rocurement of Weathering Steel Poles from Meyer Utility Structures for a not-to exceed cost of 83, � 4.00; and authorizes procurement without formal bid based on the option allowed by the Cod of Al ama 1975, Section 41-16-51 (b)(7). This is a Sole Source Provider. Corey Martin. Council President Attest: Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-009) New Sherman+Reilly Bullwheel Wire Tensioner or Equivalent to SouthCon with a total bid proposal not-to-exceed $110,709.00. Seconded by Council member Conyers. motion passed unanimously by voice vote. RESOLUTION �O. 4953-23 BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA. as follows: [I]That the City of Fairhope did request. receive. and open bids to procure serYices for (Bid No. 24- 009)New Shennan-+ Reilly Bullwheel Wire Tensioner or Equivalent at 555 South Section Street in the City of Fairhope offices. FJirhope. Alabama. [2]At the appointed time and place, bids were recei\·ed and tabulated as follows: SouthCon [3]After e\aluating the bid with the required speci 009)for New Shennan-Reilly Bullwheel Wire Te exceed $110.709.00. Attest: uthCon is now awarded (Bid No. 24- uivalent with a bid proposal not-to- Corey Martin. Council President 1030 5 11 December 2023 Councilmember Conyers introduced in writing, and 1110\'ed for the adoption of the fo11owing resolution. a resolution that the City of Fairhope approves the procurement for contractor Bagby & Russell Electric Company. Inc. to replace the Traffic Control Cabinet at the Intersection of Fairhope A \'enue and Bancroft Road for a not-to-exceed cost of $31.35 0.00. Seconded by Councilmember Boone, motion passed unanimously by YOice \'ote. RESOLUTION NO. 4954-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I]That the City of Fairhope appro\'es the procurement of contractor Bagby & Russe11 Electric Company, Inc. to replace the Traffic Control Cabinet at the Intersection of Fairhope Avenue and Bancroft Road for a not-to exceed cost of $31.350.00. ADOPTED ON THIS 11 TH D Corey Martin. Council President Attest: �t#JU== City Clerk Councilmember Conyers introduced in writing. and mo\'ed fr)r the adoption of the following resolution. a resolution that the City of Fairhope appro\'es Mayor Sherry Sulli\'an selection of Pyro Productions Inc. as Professional Consultant frff (RFQ PS 24-0 1 l) Design and Production of the Fireworks Display for New Year's E\'e 2024. pursuant to Code of Alabama. "Pyrotechnic Shooter La\\'": and authorizes the Mayor to execute a contract with an amount not-to-exceed $12.000.00. Seconded by Councilmember Boone, motion passed unanimously by \'oice \'otc. * * 10306 11 December 2023 RESOLUTION NO. 4955-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA. as follows: [I ] That the City of Fairhope appnn·es Mayor Sherry Sullivan selection of Pyro Productions Inc. as Professional Consultant for (RFQ PS24-011) Design and Production of the Fireworks Display for New Year's E\'e 2024. pursuant to Code of Alabama. "Pyrotechnic Shooter Law"; and authorizes the Mayor to execute a contract with an amount not-to-exceed $12,000.00; and authorizes the City Treasurer to pay $6,000.00 with the execution of contract and $6.000.00 on December 31. 2023. [2]This professional ser\'ice is exempt from fimnal bidding per Code of Alabama1975. Section 41-16-51 (a)(3).DULY ADOPTED THIS 11TH D EMBER, 2023 Corey Martin. Council President Attest: �' City Clerk Councilmcmber Burrell introduced in writing. and mo\'ed for the adoption of the following resolution. a resolution that Mayor Sherry Sulli\·an is hereby authorized to execute a contract between the City of Fairhope and Music Garden to pro\·ide musical entertainment at the Fairhope New Year's E\'e 2024 Celebration for a not-to­exceed amount of S8.500.00; and authorize the City Treasurer to pay $8.500.00 payable to Music Garden with execution of contract prior to the perfonnance. Exempt from fonnal bidding per Code of Alabamal 975. Section 41-16-51 (a)(3 ). Seconded by Councilmember Conyers. motion passed unanimously by Yoice vote. * * 10307 11 December 2023 RESOLUTION NO. 4956-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAl\1, as follo\\'s: [ 1]That Mayor Sherry Sul Ii Yan is hereby authorized to execute a contract bet\\'een the City of Fairhope and Music Garden to pn)\'ide musical entertainment at the Fairhope Ne,,· Year's EYe 2024 Celebration for a not-to-exceed amount of $8,500.00: and authorize the City Treasurer to pay $8.500.00 payable to Music Garden \\'ith execution of contract prior to the perfrmnance. [2]This professional service is exempt from fonnal bidding per Code of Alabama 1975. Section 41-16-51 (a)(3). ADOPTED ON THIS 11 TH Corey Martin. Council President Attest: Council President Martin announced Agenda Item Number 25 had been pulled from the Agenda. Councilmember Robinson mo\'ed to grant the request of Randal Wright on behalf of the Friends of the Fairhope Public Library. Requesting permission to ser\'e alcohol at its annual Chocolate and Champagne Gala 2024 on Saturday. January 27. 2024. from 7:00 p.m. to 9:30 p.111. in the Fairhope Public Library. Seconded by Councilmemher Conyers. motion passed unanimously by voice vote. Councilmember Robinson introduced in writing. and Jm)\'ed for the adoption of the following resolution. a resolution to appnH"e the procurement of materials for the Batting Cages for the Recreation Department \\'ith a cost not-to-exceed S 16.631.00. Seconded by Councilmember Boone. motion passed unanimously by ,·oice vote. Recreation Director Pat White explained the t\\'o batting cages and said these \\'ould be placed behind Field I in the Northwest comer. 10308 I I December 2023 RESOLUTION NO. 4957-23 BE IT RESOL\'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAl\lA, as follo\\'s: [I]That the City of Fairhope has rnted to procure Materials for the Batting Cages for the Recreation Department: and the concrete is available for direct procurement through the South Alabama Purchasing Association ("SAP A") \\'hich has been nationally bid (SI 1.700.00): and the lumber and fonning materials from Creel Construction arc under S5,000.00 (S4,93 I .00): therefore. do not have to be let out for bid. The total not to exceed cost is S 16,631.00 1 is not budgeted. Corey Martin. Council President Attest: The following individuals spoke during Public Participation for Non-Agenda Items: I)Doug Greengard. 311 Wakefield A \'enue, addressed the City Council regarding his opposition to some hooks in the teen section of the Fairhope Public Library. He told the Mayor and Councilmembers they had not commented on this issue: and said \\'ith no comments you must condone it. Mr. Greengard said if I handed out this material. hm,· soon would I he arrested. Council President Martin asked Mr. Greengard has any of the authors heen arrested. Councilmemher Conyers responded e\ eryone has their 0\\'11 opinion. Council President Martin commented there \\·as a process. indi\·iduals read the hooks. and then books \\·ere reconsidered with the same result. 2)Charles Wilson. -l89 Bartlett A\'enue, addressed the City Council. and mentioned the Federal Lm on Obscenity and read excerpts from it. He said the Board of Trustees appro\'ed these hooks without reading these. He asked City Clerk Lisa Hanks to make copies of the Federal La\\' on Obscenity and hand out to the Mayor. Councilmembers. and Library Board of Trustees. 10309 11 December 2023 3)Carol Wilson . ..i89 Bartlett A\'enue. addressed the City Council and mentioned aresolution for consideration that states no public building should pro\'ide a platfom1or distribution for obscene and ohjectionahle materials to minors. She commented theLibrary Board of Trustees appnwed to keep the books in the teen area without adiscussion. She asked the City Council to consider appro\'ing the resolution. Ms.Wilson commented on the two books she submitted for reconsideration ...i) Rebecca Bryant. I 03 Blakeney A\'enue. addressed the City Council and commented she knew about this issue hut had not experienced it until tonight. Ms. Bryant said she does think there are a lot of Fairhopers who haYe not attended these meetings hut who support the process of the Library. support the free exchange of ideas, and deeply concerned and afraid of small subcommittee defining hooks (what is acceptable and what is not acceptable). Ms. Bryant said her family moved to Fairhope for the rich tradition of open exchange of ideas, and support of the arts. She said they are not welcome to limit our thoughts and what we can read. 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 § 36- 25A-7(a)(6) to discuss the consideration the City is willing to offer or accept when considering the purchase. sale. exchange. lease. or market \·alue of real property. The discussions could ha\'e a detrimental effect upon the competitive position of the City in the negotiations if the matter was discussed in public; and 36-25A-7(a)(3) to discuss controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the go\'ernmental body pursues a proposed course of action. The approximate time to be in Executive Session is ..is minutes. Councilmember Robinson moved to go into Executi\'e Session. Seconded by Councilmember Conyers. motion passed unanimously by \'Oice \'ote. Exited the dais at 7:08 p.m. Returned at 7:36 p.m. Councilmember Conyers moved to adjourn the meeting. Seconded by Councilrnernber Burrell. motion pa e unanimously by voice vote. There being no further bu ness o come before the City Council, the meeting was duly adjourned at 7:37 p.m. Corey Martin, Council President �s���City Clerk