HomeMy WebLinkAbout02-09-2004 Regular MeetingSTATE OF ALABAMA )( 3257
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, 9 February 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 Geniece W. Johnson, City Clerk/Treasurer, gave
the invocation. Councilmember Quinn moved to approve minutes of the 26 January
2004, regular meeting. Seconded by Councilmember Gentle, motion passed
unanimously.
Mayor Kant stated that Derek Williams' attorney informed them that Mr.
Williams would not be able to attend this meeting and asked that the final decision on
the business license revocation for Derek Williams Homebuilders be held over until the
next regular city council meeting.
Erik Cortinas with the City of Fairhope Building Department stated that written
notice was served to Brian Forrest (Forrest Remodeling and Design), and proceeded to
present evidence regarding Mr. Forrest's case. Mr. Cortinas reported that enclosed in
the City Council packages are letters from residents regarding substandard work that
Forrest Remodeling has performed in the past 2 years. There is also a Better Business
Bureau report showing he has had 6 (six) formal complaints lodged in the past 36
months with another (in Fairhope) pending. Mr. Forrest has performed substandard
work as well as failing to obtain permits and inspections in most cases (violations of
City Code Section 7-1, and Building Code Section 104.1, and Section 105 and Section
106). An additional complaint is pending regarding a brick project performed on Olive
Street in Fairhope from Mr. Bill Maloney. Mr. Maloney has filed a complaint with the
Alabama Homebuilders Licensure Board (AHBLB) in order to receive reclamation
funds to finish and repair the work that was performed (violation of Building Code
Chapter 21 provision). Mr. Cortinas stated that he is in contact with the AHBLB
compliance officer to assist in this process.
Mr. Cortinas also provided the City Council information pertaining to the following
projects in Fairhope: 205 Seminole, 701 Olive Street, 700 South Mobile Street
(American Legion), 110 Pinetop Circle, and 356 South Ingleside Avenue. Mr. Cortinas
requested that Mr. Forrest's license for Fairhope not be renewed for the next two years.
(2004 and 2005)
09 February 2004
3258
Mr. Forrest addressed the City Council expressing that as for 356 South Ingleside he
was presenting these residents with a check and once the check is received the lien
against him will be released.
205 Seminole — Mr. Forrest stated that he never had an opportunity to see the complaint
against him.
701 Olive Street — Mr. Forrest stated that he testified on Mr. Maloney's behalf, and Mr.
Maloney received a settlement. Once the settlement was received Mr. Maloney
continued to file a complaint against Mr. Forrest with AHBLB.
Mr. Forrest expressed that he has addressed these problems and didn't feel that his
license should be revoked, and appreciated the City Council's consideration.
Mr. Jeff Jones representing the American Legion addressed the City Council giving the
City Council an overview of the job by Mr. Forrest that should have taken two week to
complete. The job started on or about May 2001 and was not resolved until April 2002.
The American Legion had to hire someone else to complete the job.
Councilmember Gentle stated that the settlement with the licensure board admitting to
Mr. Forrest's negligence, the City must move forward to deny the renewal of Mr. Brian
Forrest's Business license for the City of Fairhope for this year. Seconded by
Councilmember Anders.
Mr. Cortinas explained that he is requesting that Mr. Forrest's license not be renewed
for two years. Councilmember Gentle amended his motion to deny the renewal of Mr.
Brian Forrest's Business License for the City of Fairhope for two years. Seconded by
Councilmember Anders, motion passed unanimously.
Councilmember Anders introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to execute a lease agreement
between the City of Fairhope and Ikon Office Solutions for three copiers.
Seconded by Councilmember Christenberry, motion passed unanimously.
09 February 2004
RESOLUTION NO.1005-04
3259
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to execute a
Lease Agreement between the City of Fairhope and Ikon Office Solutions for
three copiers. The cost of the 5-year lease and maintenance agreement will be
$595 per month or $7,140.00 per year.
Adopted this 09th Day of February , 2004
c
Igidthy M. ant, gayor
Attest:
Geniece W. Johnson,IC' 0&k/Treasurer
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, a resolution requesting that any use of already designated funds be
approved by the City Council, and that upon approving all large projects the City
Council must state upon approval during the city council meetings, for the record how
these projects will be funded. Seconded by Councilmember Anders, motion passed
unanimously.
RESOLUTION NO. 1006-04
WHEREAS, each City Council Member and the City Council as a whole has a fiduciary
responsibility to the citizens of Fairhope which is the primary responsibility of their job; and,
WHEREAS, each City Council Member and the City Council as a whole is dependent upon
getting complete and accurate information from the Mayor and the staff of the City in order to
carry out their duty and make sound decisions regarding city expenditures; and,
WHEREAS, it is a primary duty and responsibility of the Mayor and the staff to provide each
Council Member and the Council as a whole with complete and accurate information
09 February 2004 3260
BE IT HEREBY RESOLVED, that any use of designated funds for purposes other than the
primary reason designated, must be approved by the City Council prior to using them for
another purpose; however, this does not include previous approved operating budget items; and,
BE IT FURTHER RESOLVED, that no funds may be borrowed by the City without prior
approval of the City Council; and,
BE IT FURTHER RESOLVED, that the Council be clearly informed by the Mayor and staff on
any non -budgeted expenditure, and any expenditure over $7,500.00 must first be presented to
the Finance Committee for research and review before being submitted to the full Council; and,
BE IT FURTHER RESOLVED, that all grant requests with the City requiring non -budgeted
matching funds be submitted to the Finance Committee with full disclosure as to how the City
will be able to pay the matching funds, before such request is submitted to the full Council.
Adopted this 09ffi Day of February , 2004
c
kc,5—
im y M. Int, M yor
Attest:
16jeniece W. Johnson, City r reasurer
Councilmember Gentle introduced in writing, and moved for the adoption of the
following resolution, a resolution approving the Franchise Agreement between the City
of Fairhope and the City of Spanish Fort permitting the City of Fairhope to expand its
current natural gas system in Spanish Fort. Seconded by Councilmember Ford, motion
passed unanimously.
09 February 2004
RESOLUTION NO. 1007-04
3261
A RESOLUTION AUTHORIZING A FRANCHISE AGREEMENT
WITH THE CITY OF SPANISH FORT, ALABAMA
FOR THE PROVISION OF NATURAL GAS SERVICE
BY THE CITY OF FAIRHOPE, ALABAMA
WHEREAS, the City of Fairhope, Alabama (the "City") has negotiated with the City
of Spanish Fort, Alabama ("Spanish Fort") regarding a franchise agreement that would
permit the City to expand its current natural gas system in Spanish Fort;
WHEREAS, the City desires to enter in to such a franchise agreement with Spanish
Fort, and Spanish Fort desires to enter in to such a franchise agreement with the City,
all according to the terms and conditions of that certain Franchise Agreement, the form
of which is attached hereto as Exhibit "A" and by reference made a part hereof (the
"Franchise Agreement"); and
WHEREAS, the Franchise Agreement has already been approved by the City Council
of Spanish Fort at its meeting on February 2, 2004.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City that the
Franchise Agreement is hereby approved and that the Mayor and the City Clerk of the
City are hereby authorized and directed to execute and attest, respectively, for and on
behalf of the City, the Franchise Agreement.
Adopted this 09`h Day of February , 2004
11� .
Jhy M. jant, MJyor
Attest:
Geniece W. Johnson, Ci
I, Geniece W. Johnson, duly appointed City Clerk - Treasurer of the City of the City of Fairhope,
Alabama, do hereby certify that Resolution No. 1007-04 approved and adopted by the Fairhope City
Council on 9 February 2004.
City Seal
Geniece W. Johnson, City Clerk/Treasurer Date
09 February 2004 3262
Councilmember Gentle moved to grant Change Order Request #3 & # 4 by
Adrian L. Johnson, Inc. Change order # 3 is for the new warehouse project, to furnish
and install eight (8) 10 ft. operable ridge vents, color to match the roof. Increasing the
contract by $3,778.00.
Change order # 4 is the new warehouse project, to furnish labor and material:
Proposal # 1 - Extend exterior walls in the archive section to the roof. Construction will
be steel studs with 3 & %2" friction fit insulation covered with one layer of 5/8" fire
rated gyp board, finished and painted.
Ceiling to consist of 6" vinyl backed insulation suspended on 1" steel galvanized straps,
1'-0" on center, tucked in at each purlin. Increasing the contract by $7,282.00.
The motion to approve Change order # 3 and Change order # 4 was seconded by
Councilmember Gentle, motion passed by the following votes: AYE -Gentle, Ford,
Kant, Anders, and Christenberry. NAY -Quinn
Councilmember Quinn stated that she hates to support another $13,000 until the City
Council find out how this additional expense will be funded.
Vivian Weaver, Fairhope Yacht Club Dauphin Island Entertainment Chairman,
addressed the City Council requesting permission to use the parking lot at one of the
Cl's facilities for the Dauphin Island Race, which will be held April 23`d, 241h, and
25` Councilmember Ford moved to grant the first part of the request, and Ms. Weaver
should work with Recreation Director Eddie Boyett on the location for parking.
Seconded by Councilmember Christenberry, motion passed unanimously.
Mrs. Weaver also requested a variance in the sound ordinance to accommodate a large
party to be held at the club on Friday night April 23id from 10:00 p.m. until 11:00 pm.
The music will be turned down at 10:00 p.m. Councilmember Gentle moved to grant
the second part of this request. Seconded by Councilmember Ford, motion passed
unanimously.
Arthur Bosarge a member of First Baptist Church of Fairhope addressed the City
Council requesting permission to use the Beach Pavilion area and duck pond area to
have a Walk-a-Thon on Saturday, April 24, 2004. Registration starts at 8:00 a.m.
Councilmember Ford moved to grant the request. Seconded by Councilmember Quinn,
motion passed unanimously.
Councilmember Gentle moved to reschedule next regular City Council Meeting
from Monday, February 23`d to Thursday, February 261h, due to Mardi Gras Parade.
Seconded by Councilmember Ford, motion passed unanimously.
09 February 2004 3263
Identification: "FUEL BID"
Bids to be received no later than: Jan. 21, 2004
at: 4:00 p.m.
Fuel to be used by the City of Fairhope for one year.
GASOLINE to be 89-Plus Octane Rating; DIESEL to be #2 Low Sulfur.
RADCLIFF/ECONOMY MARINE, Mobile, AL
Gasoline / Shell-Saraland Terminal.
Margin per Gallon Price: $0.0324
Price per gallon: $1.0361
Total Delivered Price per Gallon: $1.0685
Diesel #2 Low Sulfur/ Shell-Saraland Terminal.
Margin per Gallon Price: $0.0324
Price per gallon: $0.9737
Total Delivered Price per Gallon: $1.0061
Gasoline/Alternate Terminal (BP -Mobile)
Margin per Gallon Price: $0.0324
Price per gallon: $1.0290
Total Delivered Price per Gallon: $1.0614
Diesel #2 Low Sulfur/Alternate Terminal (BP -Mobile)
Margin per Gallon Price: $0.0324
Price per gallon: $0.9805
Total Delivered Price per Gallon: $1.0129
PEPCO, Mobile, AL
Gasoline / Shell-Saraland Terminal.
Margin per Gallon Price: $0.05
Price per gallon: $1.044
Total Delivered Price per Gallon: $1.094
Diesel #2 Low Sulfur Shell-Saraland Terminal.
Margin per Gallon Price: $0.05
Price per gallon: $0.98
Total Delivered Price per Gallon: $1.03
Gasoline /Alternate Terminal (Pascagoula, MS)
Margin per Gallon Price: $0.07
Price per gallon: $1.024
Total Delivered Price per Gallon: $1.094
Diesel #2 Low Sulfur/Alternate Terminal (Pascagoula, MS)
Margin per Gallon Price: $0.07
Price per gallon: $0.97
Total Delivered Price per Gallon: $1.04
MINTO ENERGY, Mobile, AL
No Response
It is recommended to accept the low bid of Radcliff Economy Marine, Mobile, AL with all specifications being met.
Tommy Long, Clint Steadham,
General Supt. Asst. Purchasing Agent
09 February 2004
3264
Councilmember Ford moved to accept the low bid of Radcliff Economy Marine,
Mobile, Alabama, for annual fuel bid, provided all specifications are met. Seconded by
Councilmember Quinn, motion passed unanimously.
BID TABULATION
Received bids from:
Beard Equipment Co, Pensacola, FL
Tieco Equipment, Pensacola, FL
Dutchman's Lawn and Garden, Foley, AL
Baldwin Tractor & Equipment, Robertsdale, AL
BID: "GOLF COURSE —'0' — TURN MOWER"
VENDOR: MANUFACTURER DELIVERY
& PRICE TIME:
BEARD EQUIPMENT CO. John Deere #777 30-60 Days
Pensacola, FL
Total Equipment Cost: $7,500.00
TIECO Hustler Z # 927160
5-Days
Mobile, AL
Total Equipment Cost: $7,717.00
DUTCHMAN'S LAWN Grasshopper #725K2 14-Days
Foley, AL
Some Specifications have not been met.
Total Equipment Cost: $8,006.00
DUTCHMAN'S LAWN — Con't
ALTERNATE BID:
Husquarna #2TH7227XPQL 14-Days
Some Specifications have not been met.
Total Equipment Cost: $7,364.00
It is recommended to accept the low bid of BEARD EQUIPMENT, Pensacola, FL with all specifications being met.
Harold Childress,
Golf Course Supt.
Clint Steadham,
Assistant Purchasing Agent
Councilmember Ford moved to accept the low bid of Beard Equipment,
Pensacola, Florida, for an "O" Turn Mower, provided all specifications are met.
Seconded by Councilmember Gentle, motion passed unanimously. This expense will
be paid out of the Golf Department operating funds.
09 February 2004 3265
BID: "5-GANG SELF-CONTAINED DIESEL REEL MOWER"
Quantity: 2
VENDOR: MANUFACTURER
& PRICE DELIVERY TIME:
BEARD John Deere # 3225C 30-60 Days
EQUIPMENT CO.
Mobile, AL
Some Specifications have not been met.
Total Equipment Cost: $60,294.94 ($30,147.47 ea.)
TIECO Jacobsen LF 3800 / Model: # 67866 5-Days
Mobile, AL
Total Equipment Cost: $56,878 ($28,439.00 ea)
It is recommended to accept the low bid of Tleco, Mobile, AL, with all specifications being met.
Harold Childress, Clint Steadham,
Golf Course Supt. Assistant Purchasing Agent
Councilmember Anders moved to accept the low bid of Tieco, Mobile,
Alabama, for a "5-Gang Self-contained Diesel Reel Mower, provided all specifications
are met. Seconded by Councilmember Gentle, motion passed unanimously. This
expense will be paid out of the Golf Department operating funds.
BID: "TRIPLEX GREENS MOWER"
Quantity: 2
MANUFACTURER
VENDOR: & PRICE DELIVERY TIME:
BEARD John Deere 2500 30-60 Days
EQUIPMENT CO.
Mobile, AL
One specification was not met on weight of unit.
Total Equipment Cost: $35,136.04 ($17568.02 ea)
TIECO
Mobile, AL Jacobsen Greens King IV Model: 62288 5-Days
Total Equipment Cost: $27,866.00 ($13,443.00 ea)
It is recommended to accept the low bid of TIECO, Mobile, AL with all specifications being met
Harold Childress, Clint Steadham,
Golf Course Supt. Assistant Purchasing Agent
09 February 2004 3266
Councilmember Ford moved to accept the low bid of Tieco, Mobile, Alabama,
for a Triplex Greens Mower, provided all specifications are met. Seconded by
Councilmember Quinn, motion passed unanimously. This expense will be paid out of
the Golf Department operating funds.
Councilmember Christenberry moved to address an item that was not on the
printed agenda. Seconded by Councilmember Gentle, motion passed unanimously.
Councilmember Gentle introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to execute an agreement
between the City of Fairhope and BP Energy Company, for the Natural Gas Purchase
and Sale Agreement. Seconded by Councilmember Christenberry, motion passed
unanimously.
RESOLUTION NO: 1008-04
WHEREAS, the City of Fairhope currently has a Natural Gas Purchase and Sale Agreement dated April 1, 2002 with
Prior Energy Corporation (the agreement); and;
WHEREAS, pursuant to a Purchase and Sale Agreement dated December 31, 2003(the "Purchase Agreement")
between Prior Energy Corporation ("Prior") and BP Energy Company (`BP"), Prior has agreed to sell its assets and
assign all current agreements to BP; and,
WHEREAS, the Purchase Agreement requires that Prior assign all of its rights and obligations under the Agreement
to BP, with BP (or one of its affiliates) to become a full party to the Agreement in place of Prior as of the effective
date under the Purchase Agreement (the "Assignment") which the parties expect to be February 1, 2004 (the
"Effective Date") and upon completion of the Assignment terms. All other terms and conditions of the Agreement
shall remain in full force and effect; and,
WHEREAS, BP will perform all the obligations pursuant to the Agreement arising on or after the Effective Date and
BP will, from and after the Effective Date, be responsible for all obligations and liabilities of BP which arise, exist,
originate, or accrue under or relate to the Agreement on or after the Effective Date; and,
WHEREAS, moreover, the City of Fairhope agrees to look only to BP for performance of such obligations and
releases Prior for any and all obligations for liabilities that may accrue on or subsequent to the Effective Date;
provided, however, that nothing herein shall be construed to release Prior from any obligation or liability under the
Agreement which accrued prior to the Effective Date.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Kant
is hereby authorized to execute an agreement between the City of Fairhope and BP Energy Company, for the Natural
Gas Purchase and Sale Agreement.
Adopted this 09th Day of Fe- ruary 2004
It
im y M. K t, Mayor
Attest:
eniece W. Johnson, City r reasurer
09 February 2004
3267
Councilmember Quinn moved to pay bills as presented. Seconded by
Councilmember Ford, motion passed unanimously.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:29 p.m.
C V"." ku--�
I\e4y M. K t, yor
Geniece W. Johnson, lerk/Treasurer