HomeMy WebLinkAbout01-27-2003 Regular MeetingSTATE OF ALABAMA )( 3028
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, 27 January 2003.
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 Bruce O'Neal, Pastor of the Eastern Shore
Presbyterian Church, gave the invocation. Councilmember Quinn moved to approve
minutes of the 13 January 2003, regular meeting. Seconded by Councilmember Gentle,
motion passed unanimously.
The following Fairhope Volunteer Fire Department Officers were recognized:
Fire Chief Kevin Hempfleng, 15t Assistant Chief Bill Bulman, 2"d Assistant Jimmy
Cluster, Treasurer David McAuley and Secretary Mike Weston.
Mr. Alan Scott, with Baldwin County Electric Membership Corporation,
presented Mayor Kant with their annual business license check. The check in the amount
of $61,345.85 represents a percentage of BCEMC's business revenues in the police
jurisdiction.
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, authorizing the vacation of the plat of Old Church Street, a
Subdivision. This property is owned by E. D. Corte, Jr. and Arthur Dexter Corte as Co -
Trustees of the Testamentary House Trust created under Article Three of the Last Will
and Testament of Berta I. Corte, deceased (the "Owner"). Seconded by Councilmember
Gentle, motion passed unanimously.
27 January 2003 3029
RESOLUTION NO. 437-03
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF FAIRHOPE, ALABAMA,
TO THE VACATION OF THE PLAT OF OLD CHURCH STREET, A SUBDIVISION
A RESOLUTION
E. D. Corte, Jr. and Arthur Dexter Corte as Co -Trustees of the Testamentary House Trust
created under Article Three of the Last Will and Testament of Berta I. Corte, deceased (the
"Owner'), owns all of the lots and property comprising Old Church Street, a Subdivision as shown on
the Plat of Old Church Street, a Subdivision recorded in Slide 2038-A, said subdivision being a re -
subdivision of Old Church Street Subdivision as recorded in Slide 2005-A in the records of the Office
of the Judge of Probate of Baldwin County, Alabama (collectively the "Plat").
The Owner has filed a Petition with the Mayor and City Council of the City of Fairhope,
Alabama, requesting that the City Council give an assent to the vacation of the Plat and
easements, public ways, building setback lines and all dedications laid out or described on the Plat
of Old Church Street, a Subdivision described above.
follows:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, as
That it is in the public interest that the Plat of Old Church Street, a Subdivision and
the easements, public ways, building setback lines and all dedications laid out or
described on the Plat of Old Church Street, a Subdivision be vacated,
discontinued, abandoned and annulled. That the City Council of the City of
Fairhope, Alabama, does assent to the vacation of the Plat and easements, public
ways, building setback lines and all dedications laid out or described on the Plat of
Old Church Street, a Subdivision recorded in Slide 2038-A, said subdivision being a
re -subdivision of Old Church Street, a Subdivision as recorded in Slide 2005-A in the
records of the Office of the Judge of Probate of Baldwin County, Alabama.
That said Plat and easements, public ways, building setback lines and all
dedications laid out or described on the Plat of Old Church Street, a Subdivision
are situated in the City of Fairhope, Alabama; that a certified copy of this
Resolution be furnished to said Petitioner in order that same can be attached to
the Declaration of Vacation to be filed in this matter as provided for by Ala. Code
1975, § 35-2-53.
ADOPTED by the City Council of the City
January, 2003.
-
�.Foord✓M--�
Geniece W. Johnson,
of Fairh e, Alabama, on this the 27'h day of
Timot y M. K nt, M yor
i, Geniece W. Johnson, duly appointed City Clerk - Treasurer of the City of the City of Fairhope,
Alabama, do hereby certify that the above Resolution No. 437-03 is a true and accurate copy of
Resolution No. 437-03 passed and approved by the Governing Body of the City of Fairhope on
January 27, 2003 .
Geniece W. Johnson, City Clerk Date
27 January 2003 3030
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, accepting the streets and all utilities within Quail Creek Villas
Phase W for maintenance. Seconded by Councilmember Gentle, motion passed
unanimously.
RESOLUTIN NO. 437-03
WHEREAS, the Owners of Quail Creek Villas Phase 4 desire to have all public streets
and right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama, as slide number S-2091-C and all utilities located in
easements and in right-of-ways accepted for maintenance by the City of Fairhope,
Alabama, and;
WHEREAS, the General Superintendent of the City of Fairhope, Alabama, represents
that the public improvements in Quail Creek Villas Phase 4 have been installed in
substantial conformity with City requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of
the project that the design and capacity of the public improvements have been designed in
conformance with City requirements as indicated on the recorded plat, and;
WHEREAS, the City of Fairhope, Alabama, is not and in no manner will be responsible
for the maintenance of common areas in the subdivision as indicated on the recorded plat,
and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Quail
Creek Villas Phase 4 a maintenance bond for the public improvements constructed for a
period of 2 years from the date of the approval of this Resolution, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements for Quail Creek
Villas Phase 4 are hereby accepted for public maintenance subject to the bond posted.
Adopted, this 27TH day of January , 2003
V�
Tim by M. r
ant, Mayor
Attest:
Gemece W. Johnson, y Clerk
27 January 2003 3031
Councilmember Gentle introduced in writing, and moved for the adoption of the
following resolution, Authorizing Mayor Kant to execute an agreement between the City
of Fairhope and Volkert & Associates, Inc, for the UV system for hydraulic redundancy.
Seconded by Councilmember Ford, motion passed unanimously.
RESOLUTION NO.438-03
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to
execute a contract (Task Agreement No. 7) between the City of Fairhope and Volkert &
Associates, Inc. to provide services for the UV system for hydraulic redundancy. The
Task Agreement No. 7 will replace Task Agreement No. 4. Task Agreement No. 4 was
to provide professional services for the addition of a second ultraviolet treatment bank at
the Fairhope Waste Water Treatment Facility. The total cost of Task Agreement No. 7
shall be $53,000.00 for Engineering Design fee and $10,000.00 for Construction
Observation fee.
DULY ADOPTED THIS 27th DAY OF January , 2003.
(]Tjim)hy M. ant, M y r
Attest
C�S\ -9- lg4ax
Geniece W. Johnson, Clerk/Treasurer
Barbara Bonowicz, Renita Chancey, and Scott Randolph representatives from
Medicom cable service addressed the City Council to explain why the cost of Medicom's
basic service rate is increasing again.
Ms. Bonowicz explained that she was not happy with Medicom's rate increase, but
Medicom only raises its rates when the companies that provide programming raise their
rates.
Ms. Bonowicz also explained that in 2001 57 channels were provided at .61 cents per
channel, and in 2003 65 channels are provided at .69 cents per channel, and the cost of
cable is only $1.50 per day.
27 January 2003 3032
Ms. Bonowicz stated that in 3/99 Sunset Regulation for Broad basic rates allows
the Franchise provider to regulate only the basic rates not package rates.
Mayor Kant expressed concerns that last year the rate increased 22% and this year the
rate will increase by 18%. Mayor Kant further expressed concern that Fairhope has a lot
of citizens on fixed income and these citizens cannot handle the rate increase.
Other concerns expressed by the City Council and the citizens were:
• The rates are increasing but when the cable service is out the citizens are not receiving credits for
the time the services are not provided.
• Cable lines are not being buried. Cables have been above ground in some areas since Tropical
Storm Isidore, four months ago.
• The rates are steady increasing, but the revenues for the annual business license is not increasing
at the proper interval.
• Citizens are not able to contact someone when there are cable problems, and the citizens are
having to call Florida for problems in Alabama.
• Medicom is providing poor customer services.
City Attorney Marion E. Wynne (Tut) expressed that only the basic service tier rates
could be regulated by the City; however, the basic service tier rates could not be
increased above the Customer Price Index (CPI).
Mr. Wynne also noted that the United States Constitution does not allow for Congress to
pass laws that impairs the obligations of a contract.
Mr. Wynne further stated that he would be looking over the terms of the Franchise
Agreement, but he believed that Medicom is in breach of their agreement.
Councilmember Gentle referenced Section 8 of the Franchise Agreement which states
that the grantee shall render efficient service, make repairs promptly and interrupt service
only for good causes and for the shortest time practicable shall be preceded by notice and
shall occur during periods of minimum use of the system .............. Councilmember
Gentle stated that Medicom is a few years late with providing these services, and this is a
material breach.
Mr. Randolph stated that some of the concerns pertaining to the cables being buried were
addressed today.
Ms. Bonowicz stated that the customer service would be improved shortly with the
increase of staff members.
27 January 2003
3033
After further discussion, Councilmember Quinn moved that Medicom report back to the
City Council at the regular City Council meeting on Thursday, March 131h to report on
what Medicom is going to do to correct the concerns. Seconded by Councilmember
Christenberry, motion passed unanimously.
Mayor Kant stated that the City is continuing to look into providing cable services.
Councilmember Ford moved to grant the request of SouthTrust Bank and Thomas
Hospital, requesting permission to use the streets of downtown Fairhope and the park on
Mobile Street for their 25th Annual Spring Fever Chase, on Saturday, March 15, 2003.
Seconded by Councilmember Quinn, motion passed unanimously.
Identification: 20KVA 3-PHASE UPS (120/208 Volt Uninterruatible)
Bids to be received no later than: December 27, 2002
at: 4:00 p.m.
UPS Back-up System for Utilities/Public Works - computer network, SCADA
BIDS WERE RECEIVED FROM THE FOLLOWING VENDORS:
VENDOR:
PRICE/EQUIPMENT:
DELIVERY.
CRITICAL COMPONENTS, INC.
$15,960.00 30-Days
Acworth, GA
Galaxy 3000
CITY ELECTRIC SUPPLY
$24,049.25 30-Days
Fairhope, AL
Liberty Series 300
GRAYBAR ELECTRIC
$25,400.00
Mobile, AL
Liberty Series 300
MATHES OF ALABAMA
NO BID
Daphne, AL
NO RESPONSES FROM:
CAPSTONE/GRESCO UTILITY SUPPLY
ALLIED ELECTRONICS
Dothan, AL
Mobile, AL
STEWART C. IRBY CO.
HUGHES SUPPLY, INC.
Pensacola, Florida
Dothan, AL
MAYER ELECTRIC SUPPLY CO.
GRAINGER, INC.
Dothan, Alabama
Mobile, AL
It is recommended to accept the bid of CRITICAL COMPONENTS, INC., Acworth, GA, for the total price of
$15,960.00 with all specifications being met.
Aaron Norris, Wayne Smith,
Electrical Supt. Purchasing Agent
27 January 2003
3034
Councilmember Anders moved to accept the low bid of Critical Components, Inc,
Acworth, Georgia, provided all specifications are met for 20 KVA 3-phase UPS (120/208
Volt Uninterruptible. Seconded by Councilmember Gentle, motion passed unanimously.
There being no further business to come before the City Council the meeting was