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Home My WebLink About01-26-2004 Regular MeetingSTATE OF ALABAMA )( 3247 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 January 2004. 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/Treasurer 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 Purchasing Agent Wayne Smith gave the invocation. Councilmember Gentle moved to approve minutes of the 12 January 2004, regular meeting. Seconded by Councilmember Anders, motion passed unanimously. Mayor Kant recognized Boy Scout David Hales with Troop 47. Mr. Hales is working on his Communication Badge. Mr. Alan Scott, with Baldwin County Electric Membership Corporation, presented Mayor Kant with their annual business license check. The check in the amount of $66,011.97 represents a percentage of BCEMC's business revenues in the police jurisdiction. Councilmember Anders moved for final adoption of Ordinance No. 1195, increasing the monthly salary for the Mayor and Councilmembers (Repealing Ordinance No. 993). Seconded by Councilmember Gentle. The motion for final adoption of Ordinance No. 1195 passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. Councilmember Gentle moved for final adoption of Ordinance No. 1196, amending Water Tap/connection fees, amending Ordinance No. 953. Seconded by Councilmember Ford, the motion for final adoption of Ordinance No. 1196 passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. 26 January 2004 3248 Councilmember Anders introduced in writing Ordinance No 1197, an ordinance annexing Hollowbrook LLC property, located North of Mosley Road, South of Highway 104, East of County Road 13 and West of County Road 27, Fairhope, Alabama, 46.2 acres more or less (46-02-10-000-030-000 & 001). In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Gentle, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No. 1197. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No 1198, an ordinance annexing Premium Properties, Inc. property, located at 8330 Nichols Avenue Extension, Fairhope, Alabama, 1.04 acres more or less (46-05-21-0-000- 005.044). In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Anders, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1198. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing and moved for the adoption of the following resolution, a resolution placing a moratorium on annexations due to Municipal Election year, effective May 1, 2004 — January 1, 2005. Seconded by Councilmember Quinn, motion passed unanimously. 26 January 2004 RESOLUTION NO. 1004-04 MORATORIUM ON ANNEXATION 3249 WHEREAS, The City of Fairhope currently conducts annexations on a quarterly basis: The Second City Council meeting of January, April, July and October; and, WHEREAS, It is required by law to have a clearance letter from the U. S. Department of Justice, Civil Rights Division, Voting Section, Washington, DC on all annexations; and, WHEREAS, A Municipal Election is scheduled for August 24, 2004, and a Run-off Election is scheduled for September 14, 2004, and the City's regular scheduled annexation is July 26, 2004. There is not ample time to receive the required clearance letter from the U.S. Department of Justice; and, THEREFORE, The City Clerk is requesting that the Governing Body of the City of Fairhope, Alabama, place a moratorium on annexations effective May 1, 2004 - January 1, 2005. The City will conduct regular annexations on January 24, 2005. BE IT FURTHER RESOLVED, That the City of Fairhope shall resume annexations at the regular quarterly scheduled January 1, 2005. This duly adopted Resolution shall be published once in the local Gulf Coast Newspaper. Adopted and Approved this the 26`" Day of January , 2004. �.k�"x .— — 6)7hy M. ant, Mayor Attest: Geniece W. Johnson, Ci Perlitreasurer On December 22, 2003, regular City Council meeting the City Council authorized the issuance of a notice of proposed revocation for two business licenses and to set a date for a public hearing on January 26, 2004. City Attorney Marion E. Wynn (Tut) gave the steps to take in the revocation of business license: 26 January 2004 3250 Step 1. Written notice of a public hearing must be given to the license holder Step 2. Public hearing is held — both parties shall present evidence to back their case and each party shall have opportunity to ask each other questions. Step 3. After the public hearing the City Council acts as a judge and makes a decision. Mayor Kant called on Erik Cortinas with the City of Fairhope Building Department. Mr. Cortinas stated that a verbal notice was given to Brian Forrest (Forrest Remodeling and Design), but the process server has been unable to serve Mr. Forrest with a written notice. Mr. Wynn informed the City Council that a public hearing on Mr. Forrest could not be held until proper notice was given. Mr. Cortinas asked Tut if the City could deny Mr. Forrest a business license if Mr. Forrest came in to renew his before the public hearing was held. Tut said that the City could deny Mr. Forrest a business license renewal pending the outcome of the public hearing. Mr. Cortinas stated that written notice was served to Derek Williams (Derek Williams Homebuilders), and proceeded to present evidence regarding Mr. Williams' case. The first house located at 19278 Fairfax Drive — the sewer pipe was never connected to the main and it is the responsibility of the licensed contractor, a certificate of occupancy (CO) was never issued, and the homeowners moved into the home without a Certificate of occupancy. The second home located at 8847 Lakeview Drive - sat in an unfinished state for 6 to 8 months, Mr. Cortinas was concerned with potential mold growth, and concerned with damage that may have been caused to the structure framing due to sitting in the weather for a period of time. Therefore, Mr. Cortinas asked for a structural engineer to examine the home. An architect examined the home and found no evidence of mold or mildew. Mr. Cortinas tried at least 3 different times to contact the contractor, Mr. Williams, each attempt was unsuccessful; therefore, Mr. Cortinas posted a Permit has been revoked sign on the house. The permit was reinstated at a later date. The house was completed without final inspections and no CO was issued. Mr. Cortinas stated that neither house has had a CO issued; therefore, potentially affecting the resale of the property (violations of City Code Section 7-1 and Building Code Section 105, and Section 106). According to Mr. Williams, the first house located at 19278 Fairfax Drive - The contractor is responsible, but the sewer was not connected because the plumber did not do what he should have done. The second house located at 8847 Lakeview Drive sat in the weather for a period of time due to financial reasons, but the house was dried in. 26 January 2004 3251 Mr. Floyd Enfinger, an attorney representing Beth Gendler (8847 Lakeview Drive), addressed the City Council and informed the City Council that a lawsuit was fled against Mr. Williams today. Mr. Enfinger expressed that there are problems with the fencing, the landscaping, and the irrigation system. Mr. Enfinger further expressed concerns as to how could permanent power be provided to this house without a Certificate of Occupancy. Mr. Enfinger stated that the City allowed his client to move into this house without a CO and without final inspections and that everything could have been stopped if the City's permitting process was handled properly. Mr. Joe Bolda, a resident at 19193 Fairfax Drive, addressed the City Council stating that he did file a lawsuit against Derek Williams, but the details could not be discussed, and the inspections in Mr. Bolda's case was handled by the County not the City of Fairhope. Mr. Dale Reed, Mr. Williams' electrician, addressed the City Council stating that he called for the final inspection, and the owners had already moved into the house. Mayor Kant called on Barry Fulford, the City of Fairhope Electrical Inspector. Mr. Fulford stated that based on his memory he did perform an electrical inspection and that temporary power is given to the builders to help the builders. It was discovered that Mr. Williams already received a business license for 2004, therefore notice written by Mr. Cortinas was incorrect which called for Mr. Williams' license not to be renewed. Councilmember Anders moved to continue this issue. Mr. Williams will be given another written notice stating that his license be revoked. Seconded by Councilmember Ford, motion passed unanimously. A public hearing was held as advertised on the request of a Lounge Liquor License by Eric K. Allen and Michael L. Hobbs, dba Club 759, located at 759 Nichols Avenue, Fairhope, Alabama. There was police approval of the applicants. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Quinn so 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 26th Annual Spring Fever Chase, on Saturday, March 20,2004. Seconded by Councilmember Gentle, motion passed unanimously 26 January 2004 3252 Identification: "HYDROFLUOSILIC ACID" Bids to be received by: October 8. 2003 at: 4:00 p.m. Chemical to be added to Water Vendor. Delivery Time: INDUSTRIAL CHEMICALS, Birmingham, AL 3-Days PRICE per Pound Quantity of 1,500 gallons: $0.2395 lb. Quantity of 2,000 gallons: $0.2100 lb. Quantity of 2,500 gallons: $0.1820 lb. Quantity of 3,000 gallons: $0.1660 lb. PENCCO, INC., Sealy, TX 5-7 Days PRICE per Pound Quantity of 1,500 gallons: $1.487 gal. Quantity of 2,000 gallons: $1.269 gal. Quantity of 2,500 gallons: $0.0968 gal. Quantity of 3,000 gallons: $0.0857 gat. Note: Company will charges for any stop beginning with the second drop at $75.00 per drop. Company will also charge $55.00 per hour after two hours. We asked for price per pound and they priced per gallon. Mobile, Al NO BID DPC ENTERPRISES, L.P., Mobile, AI NO BID COST SAVINGS ANALYSIS: Gallons Pennco - Cost per Gal. Total — Including Delivery & Extra Time Industrial Chemical Cost Savings — Pennco 1,500 $1.487 gals $2,790.00 $3,945.00 $1,155.00 2,000 $1.269 $3,098.00 $6,620.00 $1,522.00 2,500 $0.968 $2,980.00 $5,000.00 $2,020.00 3000 $0.857 $3,131.00 $5,490.00 $2,359.00 It is recommended to accept the low bid of PENCCO, INC. Sealy, TX. All specifications have been met. Dan McCrory Water & Sewer Dept. Wayne Smith, Purchasing Agent 26 January 2004 3253 Councilmember Ford moved to accept the low bid of Pencco, Inc. Sealy, TX, for Hydrofluosilic Acid, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously. Identification: "CONCRETE" Bids to be received by: Dec. 4. 2003 at: 4:00 p.m. Annual Concrete Bid for 3000 lb. and 4,000 lb. Concrete. Bids were sent to the following vendors: BAYOU CONCRETE CO, INC., Mobile, AL REYNOLDS READY MIX CONCRETE, INC., Foley, AL SOUTHERN READY MIX, INC., Theodore, AL FAIRHOPE READY MIX, INC., Fairhope, AL MORRIS CONCRETE, Saraland, AL BALDWIN CONCRETE, Gulf Shores, AL SHERMAN INTERNATIONAL, Theodore, AL Bayou Concrete would have to transport concrete from Mobile. They cannot meet specifications for delivery. Southern Ready Mix — no response. (Believe they are out of business.) Fairhope Ready Mix cannot accommodate our deliveries. They have only two (2) trucks. Baldwin Concrete states they have a minimum order of 4-yards. Sometimes we only order Yz-yard of concrete. Our bid specifications called for no bid minimums. Reynolds Ready Mix purchased Sherman International. It is recommended to accept the bid of Reynolds Ready Mix, Foley, Alabama at the following prices of: 3000# Mix: $60.00 per yard or $58.80 (less 2% if paid by the 101h of month) 4000# Mix: $64.00 per yard or $62.72 (less 2% if paid by the 10`h of month) Pource Concrete Mix: $75.00 per yard or $73.50 (less 2% if paid by the 10`h of month) Reynolds Ready Mix has met all specifications. Tommy Long, General Supt. Wayne Smith, Purchasing Agent Councilmember Christenberry moved to accept the low bid of Reynolds Ready Mix, Foley, AL, for concrete, provided all specifications are met. Seconded by Councilmember Gentle, motion passed unanimously. 26 January 2004 Identification: "SHIRTS & PANTS" Bids to be received by: Dec. 10, 2003 at: 4.00 a.m. rin................................................. .Chirlc and Pnnlcnr Ci;v R +nl :vavc AT WORK UNIFORMS, Delivery: 21-Days Orange Beach, AL SHIRTS "Outer Banks" shirt No: 17476 Size: Price Ea: M-XL $16.50 2XL 18.50 3XL 21.00 PANTS "Dickie" No: 9393RNB Size: Price Ea: 2842 $13.50 44-50 15.50 52-56 19.95 JIM PROMOTIONS, Memphis, TN SHIRTS "Tiger Hill" No: 17476 3254 Delivery: 15-Working Days Color selection did not include specified colors bid. SPECIFICATIONS NOT MET. Size: Price Ea: M-XL $14.94 2XL 16.50 3XL 17.75 SHIRTS "Outer Banks" No: 2101P Material Blend not given and specific shirt asked for offered but did not offer selection of colors requested. SPECIFICATIONS NOT MET Size: Price Ea: M-XL $18.53 2XL 20.50 3XL 22.43 SHIRTS "Tri Mountain" No: 106 Offered a blend 60-Cotton/40-Potvester. All shirts Hurst be 100% cotton. SPBCI F/CATIONS NOT MET. Size: Price Ea: M-XL $13.44 2XL 14.69 3XL 15.94 delivery: 15-Working Days 26 January 2004 SHIRTS "Stedman by Hanes Jersey" No material blend given. Colors requested not available. SPECIFICATIONS NOT MET Size: Price Ea: S-XL $9.99 2X 11.56 3X 13.48 26 January 2004 3255 SHIRTS -manufacturer not listed No percentage of material blends given. Indicated garment is poly/cotton twill. SPECIFICATIONS NOT MET. Size: Price Ea: S-XL $14.38 2XL 20% extra (no price given) Longs 20% extra (no price given) PANTS "Red Kap" No: 9393RNB Size: Price Ea: 28-42 $12.44 44-50 11.50 52-56 19.00 Mfgr: "Red Kap" Item No: PD60PW Minimum orders of 12 pairs of pants or more. DID NOT MEET SPECIFICATIONS JIM PROMOTIONS, Memphis, TN (Con't) Size: Price Ea: 28-42 $11.81 44-54 14.18 TLM INDUSTRIES, Delivery: 7-10 Days Ft. Walton Beach, FL EMBRODERY Pricing was separate. Was not included in price of shirt. Quote stated 10,000 stitches in embroidered city seal. Any amount over 10,000 stitches would be $0. 75 per shirt more. We asked for total price (inclusive of embroider} j. DID NOT MEET SPECIFICATIONS SHIRTS "Outer Banks" No: 2101P Size: Price Ea: S-XL $18.62 2XL 21.22 3XL 23.58 SHIRTS "Ultra Club" No: 8534 Did not meet specifications on color selection. Size: Price Ea: S-XL $16.15 2XL 18.52 3XL 20.88 SHIRTS "Ash City Extreme Polo" No: 85016 Specifications called for 100% Cotton. DID NOT MEET SPECIFICATIONS. Did not meet specifications on color selection. Size: Price Ea: S-XL $13.30 2XL 14.88 3XL 15.83 SHIRT "Ultra Club" No: 8534 Did not meet specifications out color selection. Size: Price Ea: S-XL $16.15 26 January 2004 TLM INDUSTRIES, Ft. Walton Beach, FL (Con't) 2XL 18.52 3XL 20.88 PANTS "Dickies" No:9393RNB Size: Price Ea: 28-42 $15.67 55-50 18.10 52-60 23.94 SOUTHERN QUALITY CLEANERS Delivery: 10-Days Fairhope, AL SHIRTS CO-ED" (Item No. not given) No Pocket on shirt. Did not meet specifications on color selection. Size: Price Ea: All Sizes: $24.75 PANTS No number given Size: Price Ea: 28-54 $14.50 3256 Recommendation: Most vendors were not able to provide the selection on colors for shirts bid or could not provide the quality set fourth in the bid specifications. It is recommended to accept the bid of At Work Uniforms, Orange Beach, AL with all specifications being met. Aaron Norris, Electric Supt. Wayne Smith, Purchasing Agent Councilmember Anders moved to accept the low bid of At Work Uniforms, Orange Beach, AL, for Shirts & Pants, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously. Mayor Kant explained that each employee will receive seven (7) shirts and seven (7) pants, and each year three (3) uniforms will be replaced, any additional uniforms will be purchased by the employee. The city will issue uniforms in stages. The Gas Department was issued uniforms as a pilot program last year and next will be the Electric Department and then the Water/Sewer Department. There being no further business to come before the City Council the meeting was duly adjourned at 6:48 p.m. ()othy I Kan , Mayor r Geniece W. Johnson, City er reasurer