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Home My WebLink About09-09-1996 Regular Meeting1821 STATE OF ALABAMA: )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 PM; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 9 SEPTEMBER 1 996 PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND LAYTON OVERSTREET; CITY ATTORNEY MARION E. WYNNE AND CITY CLERK EVELYN P. PHILLIPS. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMAN DUCK MOVED TO APPROVE MINUTES OF THE AUGUST 26-28TH REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. MR. CURTIS GORDON ADDRESSED THE COUNCIL ON BEHALF OF SEVERAL BUSINESS OWNERS LOCATED ON THE WEST END OF THE CITY. THESE MERCHANTS FEEL THEY ARE NOT GETTING A FULL FLOW OF CUSTOMERS FROM THE DOWNTOWN AREA (FROM CHURCH STREET TO THE BAY) AND THEY WOULD LIKE TO DISPLAY FLAGS OR BANNERS INVITING TRAFFIC TO "THE WEST END". MR. CURTIS SHOWED A SAMPLE FLAG AND STATED IT WOULD BE PLACED IN FRONT OF EACH BUSINESS ENTRANCE, IN THE CITY RIGHT-OF-WAY, EVERY MORNING AND REMOVED AT NIGHT. AFTER MUCH DISCUSSION, MAYOR NIX APPOINTED COUNCILMEMBERS FORD (CHAIR), DUCK, AND BISHOP, ALONG WITH PUBLIC WORKS DIRECTOR Tim KANT AND BUILDING OFFICER BOB LUNSFORD, TO FURTHER DISCUSS THE PLAN WITH THE MERCHANTS AND MAKE A REPORT AND A RECOMMENDATION TO THE COUNCIL AS SOON AS POSSIBLE. COUNCILMAN FORD MOVED FOR THE APPROVAL OF THE ISSUANCE OF A CLUB LIQUOR LICENSE TO G. REED PULLAN, REPRESENTING MARRIOTT HOTEL SERVICES, INC., FOR THE GRAND HOTEL POOL AND CABANA CLUB; AND A CLUB LIQUOR LICENSE FOR THE LAKEWOOD CLUB. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCIL REVIEWED AN APPLICATION FOR A BEER ON/OFF PREMISES LICENSE AND A WINE ON/OFF PREMISES LICENSE BY DONNA M. ST. JOHN PINZONE, DBA PAPA'S PIZZA PLACE, 300 FAIRHOPE 1822 9 SEPTEMBER 1996 AVENUE. IN PREPARING THE AGENDA, THE CITY CLERK HAD LISTED THE APPLICATION AS A "RESTAURANT LIQUOR LICENSE". THIS CAUSED SOME CONFUSION, AND SINCE NO ONE WAS PRESENT TO REPRESENT MS. PINZONE, COUNCILMAN DUCK MOVED TO HOLD THE APPLICATION UNTIL THE NEXT REGULAR MEETING. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY. VOLKERT & ASSOCIATES, CONSULTING ENGINEERS ON THE UPGRADE OF THE WASTEWATER TREATMENT PLANT, REPORTED THE FOLLOWING BIDS RECEIVED ON THE CONSTRUCTION OF THE EFFLUENT OUTFALL MAIN: VENDOR COST GROUND PIPE & TECH. $ 633,051.20 SOUTHERN PIPING $ 738, 200.00 BOAN CONTRACTING $ 741,730.00 PUGH CONSTRUCTION $ 781,280.00 PACO, INC $ 793, 1 25.00 DUROCHER DOCK & DREDGE $ 1,092,920.00 IT IS RECOMMENDED TO ACCEPT THE LOW BID OF $633,05 1.20 BY GROUND PIPE & TECHNOLOGY, ANDALUSIA, AL.--VOLKERT ENGINEERS. COUNCILWOMAN PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 533-96 BE IT RESOLVED THAT MAYOR JAMES P. Nix IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GROUND & PIPE TECHNOLOGY, INC., OF ANDALUSIA, ALABAMA, FOR THE CONSTRUCTION OF AN EFFLUENT OUTFALL MAIN. UNDER THE DIRECTION OF CONSULTANT ENGINEERS VOLKERT & ASSOCIATES, INC., PHASE 2 UPGRADE OF THE WASTEWATER TREATMENT PLANT, FOR THE AMOUNT OF $633,05 1.20. N ADOPTED THIS 9TH DAY OF SEPTEMBER, 1 996. .YN P/IPHILLIPS, CITY C ES P. Nix, MAYOR r COUNCILMAN BISHOP INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY: 1823 9 SEPTEMBER 1996 RESOLUTION NO. 534-96 BE IT RESOLVED THAT MAYOR JAMES P. Nix IS HEREBY AUTHORIZED TO EXECUTE AN EXTENSION OF THE CONTRACT BETWEEN THE CITY AND NATURAL GAS CLEARINGHOUSE, INC., OF DALLAS, TEXAS, FOR A PERIOD OF ONE (1) YEAR. ADOPTED THIS 9TH DAY OF SEPTEMBER, 1 996. (::JJAMP. Nix, MAYOR ATTEST EVELYN P 31 ILLIPS, CITY CLERK COUNCILMAN OVERSTREET INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILNMAN BISHOP, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 535-96 BE IT RESOLVED THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND MOORE ENGINEERING COMPANY TO SERVE AS CONSULTING ENGINEERS TO FURNISH SUCH SERVICES AS NEEDED TO ESTABLISH 750 GPM WELL AND FACILITIES, AT A FEE OF 7% DESIGN AND 3% SUPERVISION. ADOPTED THIS 9TH DAY OF SE MBER, 1 996. / lJ JA ES P. Nix, MAYOR ATTEST EVELYN u HILLIPS, CITY CL R COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY: (RES. No. 536-96 ON NEXT PAGE....) 1824 9 SEPTEMBER 1996 RESOLUTION NO. 536-96 WHEREAS, SECTION 402(P) OF THE CLEAN WATER ACT (CWA) AMENDMENTS OF 1 987 REQUIRE POLLUTANT CONTROLS IN STORMWATER DISCHARGES WHICH INCLUDE PERMIT COMPLIANCE CONDITIONS FOR VAIOUR CATEGORIES OF STORMWATER DISCHARGES; AND WHEREAS, IN COMPLIANCE WITH THE REQUIREMENTS OF SEC 402(P) OF THE CWA, THE US ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS ESTABLISHED AND PUBLISHED REGULATIONS GOVERNING STORMWATER DISCHARGE PERMIT REQUIREMENTS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM; AND WHEREAS, THESE AFORESAID PERMIT REQUIREMENTS PERTAIN TO STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY, DISCHARGES FROM LARGE MUNICIPAL STORMWATER SYSTEMS, AND DISCHARGES FROM MEDIUM MUNICIPAL SEPARATE STORMWATER SYSTEMS; AND WHEREAS, THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) IS THE ALABAMA STATE AGENCY CHARGED WITH THE DELINEATION OF MUNICIPAL AREAS THAT MUST OBTAIN A NPDES PERMIT FOR STORMWATER DISCHARGE, AS WELL AS WITH THE APPROVAL AND SUBSEQUENT MANAGEMENT OF THIS PERMIT: AND WHEREAS, ADEM HAS DELINEATED A METROPOLITAN AREA IN MOBILE COUNTY THAT INCLUDES THE CITIES OF MOBILE, PRICHARD, CHICKASAW, SARALAND, SATSUMA, AND CREOLA AND PART OF THE UNINCORPORATED AREA OF MOBILE COUNTY; AND AN AREA IN BALDWIN COUNTY THAT INCLUDES THE CITIES OF DAPHNE, FAIRHOPE, AND PART OF THE UNINCORPORATED AREA OF BALDWIN COUNTY; AND WHEREAS, EACH OF THE AFORESAID LOCAL ENTITIES AGREED BY RESOLUTION TO PARTICIPATE. UNDER THE COORDINATION OF THE SOUTH ALABAMA REGIONAL PLANNING COMMISSION (SARPC), IN A SINGLE METROPOLITAN NPDES STORMWATER PERMIT PROCESS ON A SHARED COST BASIS WHICH RESULTED IN THE ISSUANCE BY ADEM OF THE FINAL NPDES PERMIT NUMBERED ALS000002 AND TITLED MOBILE AREA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) MOBILE AND BALDWIN COUNTIES; AND WHEREAS, THE AFORESAID NPDES PERMIT REQUIRES THE DEVELOPMENT AND ENACTMENT OF AN INTER -JURISDICTIONAL AGREEMENT AMONG THE LOCAL ENTITIES; THE DEVELOPMENT, REVISION, AND IMPLEMENTATION OF A COMPREHENSIVE STORM WATER MANAGEMENT PROGRAM (SWMP), WHICH INCLUDES A PUBLIC EDUCATION PROGRAM AND STORMWATER MONITORING PROGRAMS; AND FURTHER REQUIRES AN ANNUAL COMPLIANCE REPORT TO ADEM COORDINATED BY SARPC: AND WHEREAS, THE ANNUAL COST BASIS FOR COMPLIANCE WITH THE FINAL PERMIT IS ALSO A PRO RATA SHARE BASED ON THE 1990 CENSUS POPULATION OF EACH LOCAL ENTITY IN THE DESIGNATED METROPOLITAN STORMWATER MANAGEMENT AREA AS INDICATED IN THE FOLLOWING TABLE; AND ENTFTY 1 990 POPULATION PRORATA SHARE MOBILE COUNTY 39,457 1 1.9 MOBILE CITY 196.278 59.3 PRICHARD 34,31 1 10.4 CHICKASAW 6,649 2.0 SARALAND 1 1 , 75 1 3.5 SATSUMA 5,194 1.6 CREOLA 1,896 0.6 BALDWIN COUNTY 15,691 4.7 DAPHNE 1 1,290 3.4 FAIRHOPE 8,485 2.6 331,002 100.0 WHEREAS, BASED ON PRELIMINARY ESTIMATES, THE COST FOR THE AFORESAID PERMIT REQUIREMENTS FOR THE FIRST YEAR SHOULD BE APPROXIMATELY $ 1 00,000.00 TO BE SHARED ON A PRO RATA BASIS BY THE PARTICIPATING MOBILE-BALDWIN STORMWATER CONSORTIUM MEMBER GOVERNMENTS; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 33. THE CITY OF FAIRHOPE SHALL CONTINUE TO ACTIVELY PARTICIPATE IN THE MOBILE-BALDWIN STORMWATER CONSORTIUM (MBSC), INCLUDING THE DATA COLLECTION PORTION OF THE STORMWATER MONITORING PROGRAMS OF THE SWMP, THE PUBLIC EDUCATION PORTION OF THE SWMP, THE INTER -JURISDICTIONAL AGREEMENT, AND THE ANNUAL REPORT REQUIRED BY THE ADEM kWVPM 9 SEPTEMBER 1996 NPDES PERMIT NUMBER ALS000002. 34. THE CITY OF FAIRHOPE SHALL PAY ITS PRORATA SHARE OF ITS ANNUAL PERMIT IMPLEMENTATION TO SARPC, LOCAL COORDINATOR OF THE MBSC. 35. THE CITY OF FAIRHOPE HEREBY APPOINTS PHILLIP RUTHERFORD AS ITS OFFICIAL POINT OF CONTACT FOR ALL MATTERS CONNECTED WITH THE FIRST ANNUAL NPDES STORMWATER PERMIT REQUIREMENTS. 36. THE MAYOR OF THE CITY OF FAIRHOPE IS HEREBY AUTHORIZED TO FURNISH ALL INFORMATION AND SIGN ALL DOCUMENTS, CONTRACTS, AND TO ACCOMPLISH OTHER REQUIREMENTS NECESSARY TO ENSURE COMPLIANCE WITH THE MOBILE-BALDWIN NPDES PERMIT CONDITIONS. ADOPTED THIS 9TH DAY OF SEPTEMBER, 1 996. JA s P. Nix, MAYOR ATTEST EVELYN HILLIPS, CITY CLERK COUNCIL REVIEWED THE FOLLOWING BID: Identification: "PERENNIAL RYEGRASS BID - GOLF COURSE" Bids to be opened on: August 28, 1996 at: 11:00 a.m. Annue/ bid for Perennial Ryegrass Seed to be used at Quail Creek Golf Course. Quanity bid 7 000 nnunds TERRA Summerdale, AL $5,390.00 2-Days SUNBELT SEEDS, INC. $6,160.00 7-Days Norcross, GA TIECO, INC. $6,300.00 15-Days Pensacola, FL BARENBRUG, SOUTHEAST $6,510.00 5-Days Lexington, S.C. LESCO, INC. $6,580.00 10-15 Days Rocky River, OH GULF SHORES TURF NO BID Pensacola, FL BEARD EQUIPMENT NO BID Pensacola, FL TFI NO RESPONSE It is recommended to accept the low bid of TERRA, Summerdale, AL for the TOTAL PRICE of $5,390.00. ----- Tom Mitchell, ------ Wayne Smith, Corse Supt. Purchasing Agent 1826 9 SEPTEMBER 1996 COUNCILWOMAN PUCKETT MOVED TO ACCEPT THE LOW BID BY TERRA AT $5,390.00, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMAN FORD MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. COUNCILMAN FORD REMARKED THAT LAST FRIDAY NIGHT'S GAME SCOREBOARD WAS HIT BY LIGHTNING, AND IT IS HOPED THE PARTS WILL ARRIVE IN TIME TO HAVE IT REPAIRED TOMORROW. MEETING WAS DULY ADJOURNED UNTIL 1 0:00 O'CLOCK AM, WEDNESDAY, SEPTEMBER 18TH, FOR THE CANVASS OF THE MUNICIPAL RUNOFF ELECTION. 18 SEPTEMBER 1996 THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, RECONVENED IN REGULAR SESSION ON WEDNESDAY, 1 6 SEPTEMBER 1 996, AT 1 0:00 O'CLOCK, A.M., IN THE COUNCIL CHAMBER, 1 6 1 NORTH SECTION STREET. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND LAYTON OVERSTREET; AND CITY CLERK EVELYN P. PHILLIPS. CITY ATTORNEY MARION E. WYNNE WAS ABSENT. COUNCIL REVIEWED THE RESULTS OF THE PREVIOUS DAY'S MUNICIPAL RUNOFF ELECTION. COUNCILMAN OVERSTREET INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING CANVASS RESOLUTION. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY: (CANVASS RESOLUTION No. 537-96 ON NEXT PAGE.....)