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Home My WebLink About05-26-2002 Regular Meeting2944 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 26 August 2002. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and Rev. Bob Murphy, Pastor of Trinity Presbyterian Church, gave the invocation. Councilmember Gentle moved to approve minutes of the 12 August 2002, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Christenberry, motion passed unanimously. 26 August 2002 Resolution No. 405-02 2945 THIS SUBAGREEMENT, made and entered into by and between Auburn University ("AUBURN") and City of Fairhope ("SUBRECIPIENT"): WHEREAS, AUBURN has undertaken certain efforts pursuant to the Grant (hereinafter referred to as the "PIRME") awarded by the U S Department of Agriculture, Agreement No. 02-DG-11083135-100 (CFDA #10.664) which is attached hereto and incorporated herein as Attachment A; and, WHEREAS, SUBRECEIPIENT represents that it is able and willing to undertake a portion of said efforts as hereinafter set forth; NOW THEREFORE, in consideration of the premises as well as the mutual obligation of the parties herein made and undertaken, the parties do hereby mutually agree as within the Subagreement. 1. STATEMENT OF WORK — SUBRECIPIENT shall use its best efforts to perform the research identified in the proposal entitled "Fairhope's Greenbelt Planning and Establishment Program" which is attached hereto and incorporated herein as Attachment B. 2. PERIOD OF PERFORMANCE — The effective period of this Subagreement shall be August 15, 2002 through August 14, 2003 unless amended by duly executed amendment to this Subagreement or terminated in accordance with this Subagreement. 3. COMPENSATION AND PAYMENT — This is a cost -reimbursement agreement. The maximum level of allowable costs, which SUBRECIPIENT may incur pursuant to this Subagreement, is $25,000.00. NOW BE IT RESOLVED THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to execute a sub -agreement between the City of Fairhope and Auburn University (Urban & Community Forestry Assistance) for the Greenbelt Planning and Establishment Program — Urban and Community Forestry Grant for $25,000. Attest: Adopted this 261h day of August , 2002 • Ir othy M. Kan , Mayor 2946 26 August 2002 Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO.406-02 WHEREAS, The City of Fairhope originally entered into an agreement between the City of Fairhope (LESSOR) and BellSouth Cellular Partnership (TENANT) on March 1, 1991 for a ten (10) year term. This lease allows this site to be used for the installation of an antenna on the water tower, operation and maintenance of two-way mobile radio equipment, including base station, antenna poles and masts, cabling and wiring, equipment building and accessories used therewith. The City of Fairhope pays nothing for cellular phone service for up to 15 phones unless the total monthly airtime of each phone added together exceeds 3,600 minutes, for long distance calls made. Calls over 3,600 minutes will be billed to the City of Fairhope at prevailing rates for peak and off-peak calls. All long distance calls will be billed to the City of Fairhope along with any roaming charges (use of phone in another city not served by BellSouth Cellular), and taxes applicable. All minutes of use, whether peak or off peak, counts toward the 3,600 minutes free monthly block. No airtime credit can be carried over into another month. WHEREAS, The original agreement was amended November 24, 1997, to accept a proposal from BellSouth Cellular to place an antenna on Nichols Street water tank to improve the coverage within downtown Fairhope. BellSouth Cellular agrees to increase the City's minutes of use from 3,500 to 6,000 as well as pay $4,500.00 per month. WHEREAS, The City of Fairhope and BellSouth Mobility, LLC desire to further modify said lease as provided herein. NOW THEREFORE, the parties hereto agree to supplement and amend the lease in the following particulars: 1. The term of the Lease shall be amended to a five (5) year term to begin September 1, 2002 and end August 31, 2007. BellSouth Mobility, LLC has the option to renew this Lease for an additional five (5) year period. 2. Compensation to the City of Fairhope during the term shall be as follows: a. 10 access lines on a National Pool Plan. These 10 access lines shall share a pool of 8,800 included minutes per month. In accumulation of the 8,800 minutes, peak and off-peak minutes will count equally. No airtime credit will be carried over into another month. Any minutes used over the 8,800 shall be charged to the City of Fairhope at $.35 per minutes. 2947 26 August 2002 b. 25 access lines on a Local Plan. These 25 access lines shall share a pool of 6,650 included minutes per month. In accumulation of the 6,650 minutes, peak and off-peak minutes will count equally. No airtime credit will be carried over into another month. Any minutes used over the 6,650 shall be charged to the City of Fairhope at $.25 per minutes and roaming minutes at $.49 per minutes. c. The City of Fairhope must enter into annual airtime contracts for each of the 35 access lines referenced herein. The City of Fairhope shall be responsible for any equipment charges, including upgrades, loss, theft and damage to equipment. The City of Fairhope shall be responsible for any charges not included above, including, but not limited to, long distance, roaming, directory assistance, extra feature or usage charges and applicable taxes. d. BellSouth Mobility LLC shall provide the City of Fairhope a quarterly analysis on rate plan usage. BellSouth Mobility LLC, may upon no less than 60 days written notice to the City of Fairhope, elect to receive rental payments in cash in lieu of the compensation set forth above in Section 2. In such event, the rental payment due the City of Fairhope shall be $2,000.00 per month. Additionally, the City of Fairhope would be responsible for payment of the access rate and all airtime and other charges for the 35 access lines referenced in Section 2. 4. This Second Addendum is made a part of and subject to all other terms and conditions of the Lease and Addendum. If any conflicts arise between the Lease and Addendum and this Second Addendum, the provisions of this Second Addendum shall rule. All other terms of the Lease and Addendum remain unchanged. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to execute a Second Addendum to the Lease between the City of Fairhope and Bellsouth Mobility, LLC. Adopted this 26`h Attest: eniece W. Johnson,'iCr day of August , 2002 (Ti)bt7h:y:7M�. ant, ayor 26 August 2002 2948 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO.407-02 WHEREAS, The City of Fairhope operates the James P. Nix Center were approximately 1,800 members participate in daily activities Monday thru Friday from 8:00 a.m. — 5:00 p.m; and, WHEREAS, approximately 3,200 participants participate in activities held at the James P. Nix Center monthly; and, WHEREAS, the current membership dues at the James P. Nix Center is $12.50 annually; and, WHEREAS, the current weekly dance fees are $5.00 for members and $8.00 for non-members. WHEREAS, The Director of the Senior Services, Sherry Sullivan recommends the following increases in dues/fees at the James P. Nix Center: CURRENT DUES/FEES INCREASED AMOUNT Membership Dues $12.50 $15.00 Dance Fees — Members 5.00 6.00 Dance Fees — Non -members 8.00 9.00 NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to increase the dues/fees of the James P. Nix Center as recommended. The new dues/fees shall be effective October 1, 2002. Adopted this 261h day of August 12002 (TT4imotM. Ka t, Ma or City Attorney, Marion E. Wynn arrived at 5:36 p.m. There being no further business to come before the City Council the meeting was duly adjourned at 5:39 p.m. M ��%L////�/Am 16