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HomeMy WebLinkAbout03-11-2004 Regular MeetingSTATE OF ALABAMA )( COUNTY OF BALDWIN )( 3274 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 Thursday, 11 March 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 Gemece 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 Farther Gordon Milsted at St. Lawrence Catholic Church gave the invocation. Councilmember Gentle moved to approve minutes of the 26 February 2004, regular meeting. Seconded by Councilmember Ford, motion passed unanimously. Jim Horner with the Fairhope Environmental Advisory Board addressed the City Council extending an invitation to the public for the meeting on March 30, 2004 at 10:00 a.m. The purpose of this meeting will be to explain the role and responsibilities of the National Association of Flood and Storm Water Management and introduce their representatives who will make a presentation. Dennis Sherrin with Hartman, Blackmon, and Kilgore addressed the City Council and gave a brief report of the 2002-2003 Audit. A copy of the 2002-2003 Audit shall be spread upon the minutes of the City of Fairhope (under a separate cover). Dennis Sherrin announced that the City received the highest level of opinion and unqualified statement, and Mr. Sherrin thanked all City employees for their help and participation. Councilmember Gentle introduced in writing Ordinance No. 1199. An ordinance amending Ordinance No. 955 — Personnel Rules, Polices and Procedures Ordinance — by adding the Fairhope Public Library employees to the City's Worker's Compensation Policy. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Christenberry, 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. 1199. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 11 March 2003 3275 Councilmember Quinn introduced in writing a proposed ordinance to amend Ordinance No. 1114 — Sewer Maintenance Section for connecting to the sewer main. This ordinance would omit the damage and maintenance bond required by private contractor for boring work for the City of Fairhope. The ordinance would also cause the city to provide if necessary a bore under roadway to provide access to all sewer mains at no charge. After discussion, it was agreed on to provide the boring service free of charge up to 100 feet. City Attorney Marion E. Wynne expressed concerns about giving away public services to a private person, and that he would check the law on this. Mayor Kant stated that we might have to charge whatever it cost the city to complete this job. Councilmember Christenberry expressed concerns on if the city would allow private bores in Fairhope. Having private companies to bore would cause for a bond to be posted. This proposed ordinance will layover until the next regular City Council meeting for final adoption. Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the streets/paving and water/sewer within Canebreak Subdivision for maintenance. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 1012-04 WHEREAS, the owners of Canebreak desire to have all Fairhope Public Utilities and streets and drainage infrastructure dedicated on the plat and located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama. The Canebreak plat is filed for record in the Probate Records of Baldwin County, Alabama, on Slide S-2147-C. WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the Fairhope Public Utilities and streets and drainage infrastructure in the right-of-way have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the General Superintendent has indicated that the improvements meet City requirements, 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 Canebreak and their contractors a maintenance bond for the Fairhope Public Utilities and streets and drainage infrastructure located in the public right-of-way 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 Fairhope Public Utilities and streets and drainage infrastructure located in the public right-of-way indicated herein for Canebreak are hereby accepted for public maintenance subject to the bond posted. Adopted, this 11 th day of Ma 2004 C �� Ti thy M. ant, V ayor Attest: I Oda Geniece W. Johnson, City er - Treasurer 11 March 2004 3276 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution, a resolution requesting the Purple Martin Capital of Alabama Declaration. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 1013-04 WHEREAS, the City of Fairhope has been designated a Bird Sanctuary; and, WHEREAS, as a volunteer project, the "Purple Martin Riviera" has been developed at the Fairhope Pier, Public Beaches, and several other places, within the City of Fairhope; and, WHEREAS, approximately 43 Purple Martin houses are now receiving returning Purple Martins within the City of Fairhope; and, WHEREAS, the Fairhope Pier area is officially known as Site #23 on the Alabama Coastal Birding Trail; and, WHEREAS, the declaration as the Purple Martin Capital of Alabama will be a valuable feature of the upcoming first Alabama Coastal BirdFest in the City of Fairhope during the month of October. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA that the City Officials and Citizens of Fairhope are hereby desirous of the declaration as the Purple Martin Capital of Alabama. Approved and Adopted this 11`h Day of March ,2004 k. CMAY M. ant, ayor Attest: a12 A4,1,1�, Of J &.10t 41�� Geniece W.Johnson, Ci Clerk/Treasurer I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1013-04 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 11`h day of March 2004. Geniece W. Johnson, City Clerk -Treasurer Date 11 March 2004 3277 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution, a resolution forming a Sister City Committee. Seconded by Councilmember Christenberry, motion passed unanimously. RESOLUTION NO. 1014-04 WHEREAS, Citizens of Fairhope can benefit from enriched educational and cultural experiences by a program establishing a sister city relationship with like cities of this country or other countries; and, WHEREAS, the City of Fairhope could benefit by learning from Sister Cities on how they solve similar problems; and, WHEREAS, a Sister City program could promote economic development and international trade and can also promote world peace through mutual respect and understanding; and, WHEREAS, the City of Fairhope's stamp of approval will facilitate an independent Sister City Committee's connections with officials from other cities; and, WHEREAS, that the City of Fairhope establish a trial Sister City Committee charged with looking into and establishing a Sister City Program; and, WHEREAS, City of Fairhope appoint the following persons as members of the trial committee: Darrelyn Bender Cecil Christenberry Kaki Fleming Jeffery Harris Frank Martin Allison Newmann Nancy Raia Mary Lois Timbes Mary Jane Jones Pat Herndon Hubert Hinote Allen Harper Gene Bouchillon FEEF Member WHEREAS, this committee will be charged with establishing bylaws for a permanent committee including the following rules: • The City will not be asked to fund any trips. • The City will be responsible for paying the annual international membership dues • The City will not be held liable for any problems that might arise from someone traveling to a Sister City. • Political views of a city will not be criteria, but that similar demographics and a strong local interest will be criteria. • Bring back their by-laws and a list of committee members for City approval. 11 March 2003 3278 NOW THEREFORE BE IT RESOLVED, that the City's involvement will be limited to approving a Sister City relationship, lending and providing its stamp of approval in order to facilitate working with other countries, and to support the Committee's funding raising work and other work in non -financial ways, and that the work of the Sister City program will be done by the Committee. Adopted this the 11`h day of March , 2004 I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1014-04 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 11`h day of March 2004. Geniece W. Johnson, City Clerk -Treasurer Date Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a third addendum to the lease agreement between the City of Fairhope and Cingular Wireless, LLC (formerly know as BellSouth Cellular Partnership, LLC) for the cell phone services. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 1015-04 THIS ADENDDUM, made this I Vh day of March, 2004, between CITY OF FAIRHOPE, hereinafter designated LESSOR, and CINGULAR WIRELESS, LLC, hereinafter designated TENANT, is agreed to and accepted by the LESSOR and TENANT as follows: A. WHEREAS, LESSOR and TENANT made and executed a Lease dated March 1, 1991 ("Lease") pertaining to property located at 8675 Fairhope Avenue, Fairhope, Alabama, to be used by TENANT for a cellular installation; and B. WHEREAS, LESSOR and TENANT entered into an Addendum to the Lease dated September 1, 2002 ("Addendum") modifying certain provisions of the Lease; and 11 March 2004 3279 C. WHEREAS, LESSOR and TENANT 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 March 11, 2004 and end March 11, 2009. Cingular Wireless, 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. b. 25 access lines on a Local Plan. These 25 access lines shall share a pool of 8,650 included minutes per month. In accumulation of the 8,650 minutes, peak and off-peak minutes will count equally. No airtime credit will be carried over into another month. Any minutes used over the 8,650 shall be charged to the City of Fairhope at $.25 per minutes and roaming minutes at $.49 per minutes. 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. Cingular Wireless, LLC shall provide the City of Fairhope a quarterly analysis on rate plan usage. e. The City of Fairhope reserves the right to change plans if needed as long as the value of the Lease is not exceeded. LESSOR 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 Third 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 Third Addendum, the provisions of this Third Addendum shall rule. All 5. other terms of the Lease and Addendum remain unchanged. 11 March 2004 3280 NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to execute a Third Addendum to the Lease between the City of Fairhope and Cingular Wireless, LLC. Adopted this I I" day of March , 2004 M.\ranti Mayor Attest: Geniece W. Johnson, Cit lerk /Treasurer I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1015-04 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 11`h day of March 2004. Geniece W. Johnson, City Clerk -Treasurer Date Dr. Harrell addressed the City Council to view options for 10-foot right-of- way in front of his property located at 63 North Section Street. The 10 ft right-of- way initially was to be used for parking. Dr. Harrell will build a new office at 63 North Section Street, and wish to have his new office lined up with the existing buildings. This would allow for more room in the back of Dr. Harrell's new office and this would look better for the city. Marion E. Wynne stated that the City had two things to look at: if the property is not needed for municipal purposes, and whether or not the City can give away public property to private persons. An appraisal was gotten and the appraised price was approximately $25,000.00. Mr. Wynne believes that the appraised amount of $25,000 is extremely unreasonable because this is unusable property. Councilmember Gentle moved to have the City Attorney to resolve this issue. Seconded by Councilmember Quinn, motion passed unanimously. 11 March 2004 3281 Councilmember Anders 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.