HomeMy WebLinkAbout12-13-2004 Regular Meeting3450
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, 13 December 2004.
Present were Council President Robert C. Gentle, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford, Mayor
Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer
Geniece W. Johnson. No one was absent.
There being a quorum present, Council President Gentle called the meeting to
order. The Pledge of Allegiance was recited, and Farther Gordon Milsted with St.
Lawrence Catholic Church, gave the invocation. Councilmember Stankoski
moved to approve minutes of the 22 November 2004, regular meeting. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Council President Gentle recognized Boy Scout Eon Rutherford with Troop
47. Mr. Rutherford is working on his Eagle Badge.
Mayor's Comments:
• Congratulated the Chamber of Commerce for receiving an award for their annual Arts and
Crafts Show.
• The City Council will have a Work Session on Friday, December 171h to discuss the Library,
and the City Attorney will update the Council on legal matters.
• Mayor Kant hoped that the City Council would move forward on the Business License
Ordinance tonight.
• Mayor Kant expressed that the City Council will have to vote yes or no on Broadband.
Tonight a presentation on Broadband will be given and to keep in mind that in about 7 years
the City of Fairhope Electric Utility will reach its maximum point due to the courts ruling on
the Territory Case.
Councilmember Christenberry moved for final adoption of revised Business
License and moved to delete Section L, but to immediately revisit this ordinance to
address Section L. Seconded by Councilmember Ford, the motion for final adoption
of Ordinance No. 1233 and to delete Section L. passed by the following voice votes:
AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -none. ABSTAIN -Quinn.
Council President Gentle appointed Councilmember Christenberry, Councilmember
Quinn, Robin Fitzhugh with Eastern Shore Art Center, and Darrelyn Bender with the
Chamber of Commerce to work on Section L. Section L addresses temporary
vendors and/or squatters.
3451
13 December 2004
Council President Gentle called on the Broadband presenters. The following
persons presented a presentation to the City Council on the Broadband Project:
Project Telecommunication Consultant, Bob Callahan with Callahan & Associates,
Dr. Verne Kennedy with Market Research Insight, Project Attorney Chris Gill with
Hand Arendall LLC, and Investment Banker, Bob Young with The Frazer Lanier
Company.
Mr. Callahan stated that this would be a full service access network. This system
does not just offer any single service but offers an array of services.
The following bids have been received on the Broadband Project:
a
�a
`' A
GG\
�4oa
PON
Yes
Yes
Yes
Yes
Yes
Yes
CATV Headend
Yes
Yes
Yes
Yes
Yes
Yes
Video on Demand
Yes
Yes
Yes
Yes
Yes
Yes
ISP Headend
Yes
Yes
Yes
Yes
No Bid
No Bid
Telephony Headend
Yes
Yes
Yes
Yes
No Bid
No Bid
Management System
Yes
Yes
Yes
Yes
Yes
Yes
Project Manager
Yes
Yes
Yes
Yes
Yes
Yes
Total
$10,232,944.08
$11,585,774.15
$13,131,767.00
$14,435,896.00 $10,620,244.00
$10,747,331.00
It is the recommendation of the Broadband project workers to accept the low bid of
AEG, Atlantic Engineering Group from Braselton, Georgia, in the amount of
$10,232,944.08. It is also the recommendation to repeat the market study to finalize
marketing plan, and advertise for key members of the operational team.
Dr. Kennedy reported that 77% of the City of Fairhope households are internet
subscribers. Dr. Kennedy also reported that the telephone survey conducted on
November 15-19, 2004 interviewed 580 households to test the price point. It was
found that the products do need to be priced right even though Fairhope has an
upscale market. The survey conducted in 2001 did not test the price point.
3452
13 December 2004
Chris Gill addressed the City Council to address any concerns regarding the prepared
ordinance that the City Council will vote on at the regular meeting on December 27,
2004.
Bob Young addressed the City Council expressing that the project is intended to be an
on going revenue enhancement for the City of Fairhope and any project is not without
risk.
Mr. Young recommended that if the City Council proceeds with this project that the
City Council should start with a construction line of credit loan. This would allow the
City time to get hard construction numbers before going into the bond market.
Council President Gentle allowed each Councilmember to present questions to the
presenters.
Councilmember Christenberry inquired as to how many people would have to be
hired for the broadband service. Mr. Callahan stated that 7 (seven) people would
have to be hired, but all 7 persons would not be hired at one time.
Councilmember Ford inquired that if this is such a good deal why isn't private
industry coming in to put this service in place?
Council President Gentle inquired as to if the City of Fairhope is in compliance with
the law if Broadband services are under the existing Electric Service. Mr. Callahan
and Mr. Gill believe that the Broadband service and Electric Service must be separate
on the books only.
Atlantic Engineering Group set up a Broadband Network for the City of Newnan,
Georgia, located just south of Atlanta, Georgia. The City of Newnan has had their
service in place for 7-years and have been successful.
Councilmember Stankoski inquired if the numbers presented included funds for
future programming costs. Mr. Callahan stated that these figures does not include
funds for future programming so the City may need to put away a sinking fund to
finance future programming.
Mr. Callahan stated that Newnan Georgia has taken their profits and put back into the
system to expand outside the city limits.
Councilmember Christenberry inquired if there would be a discount rate for large
customers such as Thomas Hospital and the Grand Hotel. Mr. Callahan expressed
that large customers such as Thomas Hospital and the Grand Hotel would not receive
a discount rate. Thomas Hospital and the Grand Hotel have their own satellite and
3453
13 December 2004
Mr. Callahan did not feel that they would be customers of Fairhope for this service.
Mr. Callahan further stated that everything presented was modeled for residential
customers.
Councilmember Ford inquired about technology. Since this is a state of the art
system, what is the next technology?
Councilmember Quinn asked when would the build out be completed. Mr. Callahan
stated that the build out would be completed in 20 weeks or by the end of this year,
with 80% being overhead.
Council President Gentle thanked the presenters for all their hard work. A 3-minute
recess was taken at 7:28 p.m. The City Council meeting resumed at 7:31 p.m.
Councilmember Quinn introduced in writing Ordinance No. 1234, an
ordinance annexing Claude A. Jensen and Fairhope Single Tax Corporation property,
located at 20800 Blue Berry Lane, Fairhope, AL. Property contains .43 acres more or
less. In order to take immediate action Councilmember Ford moved for immediate
consideration. Seconded by Councilmember Quinn, motion for immediate
consideration passed unanimously by the following voice vote: AYE -Quinn,
Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn then
moved for final adoption of Ordinance No. 1234. Seconded by Councilmember
Stankoski, motion for final adoption passed unanimously by the following voice vote:
AYE- AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none.
Councilmember Christenberry introduced in writing Ordinance No. 1235, an
ordinance annexing Riverstation, LLC and Fairhope Single Tax Corporation property,
located at Riverstation Unit II and Unit III, Fairhope, AL. Property contains 21.6
acres more or less. In order to take immediate action Councilmember Ford moved
for immediate consideration. Seconded by Councilmember Quinn, motion for
immediate consideration passed unanimously by the following voice vote: AYE -
Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember
Quinn then moved for final adoption of Ordinance No. 1235. Seconded by
Councilmember Ford, motion for final adoption passed unanimously by the following
voice vote: AYE- AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -
none.
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13 December 2004
Councilmember Ford introduced in writing Ordinance No. 1236, an ordinance
annexing the following lots within Riverstation Unit I and Fairhope Single Tax
Corporation:
• The J. Allen Corporation - Lot 13 1,062 sq ft
• The J. Allen Corporation - Lot 15, 12,405 sq ft
• Baywood Homes LLC - Lot 29 10,526 sq ft
• The J. Allen Corporation - Lot 30 10,626 sq ft
• Baywood Homes LLC - Lot 31 11,588 sq ft
• Riverstation LLC - Common area adjacent to Lot 14 and North of Lot
13 — 9,209.2 sq ft.
In order to take immediate action Councilmember Christenberry moved for
immediate consideration. Seconded by Councilmember Quinn, motion for immediate
consideration passed unanimously by the following voice vote: AYE -Quinn,
Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn then
moved for final adoption of Ordinance No. 1236. Seconded by Councilmember
Stankoski, motion for final adoption passed unanimously by the following voice vote:
AYE- AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none.
Councilmember Quinn introduced in writing Ordinance No. 1237, an
ordinance annexing Harriett Hodges Bruner property, located at 7275 Wild Oaks
Road, Montrose, AL. Property contains .41 acres more or less. In order to take
immediate action Councilmember Stankoski moved for immediate consideration.
Seconded by Councilmember Quinn, motion for immediate consideration passed
unanimously by the following voice vote: AYE -Quinn, Stankoski, Christenberry,
Ford, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption
of Ordinance No. 1237. Seconded by Councilmember Ford, motion for final
adoption passed unanimously by the following voice vote: AYE- AYE -Quinn,
Stankoski, Christenberry, Ford, and Gentle. NAY -none.
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution, a resolution authorizing Mayor Kant to execute
an Exchange of Information Agreement between the City of Fairhope and the State of
Alabama Department of Revenue, to exchange information for business license
ordinance. Seconded by Councilmember Quinn, motion passed by the following
voice votes: AYE- Stankoski, Christenberry, Ford, and Gentle. NAY -Quinn
3455
13 December 2004
RESOLUTION NO. 1082-04
RECIPROCAL AGREEMENT BETWEEN THE
STATE OF ALABAMA DEPARTMENT OF REVENUE
AND THE CITY OF FAIRHOPE, ALABAMA
PROVIDING FOR THE EXCHANGE OF TAX RETURNS AND INFORMATION
WHEREAS, the information in the tax files of the Department of Revenue is needed for use in
establishing and verifying liability for taxes levied against the persons, firms, or corporations named in
the list attached hereto and made a part hereof, who are known to be liable for such taxes or who are
with probable cause believed to be liable for such taxes.
THEREFORE, IT IS RESOLVED that the Commissioner of Revenue be requested in writing to make
the needed tax information available
Approved and Adopted on this 13`" day of December , 2004
IZq
Attest:
Geniecc W. Johnson, City Cl reasurer
Councilmember Christenberry 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 Alabama Department of Public
Health to support the Bacterial Source Identification Program and Quality Assurance
project. Total cost of this project is $201,252.00. The City of Fairhope would be
responsible for $20,000.00 that includes $15,000 for the purchase of statistical
software, various bacterial identification materials and $5,000.00 from in —kind
support. Seconded by Councilmember Quinn, motion passed unanimously by voice
vote.
RESOLUTION NO. 1083-04
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M.
Kant is hereby authorized to execute an agreement between the City of Fairhope and Alabama Department of
Public Health to support the Bacterial Source Identification Program and Quality Assurance project. Total cost of
this project is $201,252.00. The City of Fairhope would be responsible for $20,000.00 that includes $15,000 for
the purchase of statistical software, various bacterial identification materials and $5,000.00 from in —kind support.
ADOPTED THIS DAY THE 13`h DAY OF December 2004.
Timot y M.rnt,aor
Attest:
eniece W. Johnson, City Cler asurer
3456
13 December 2004
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute an update to
the General Agreement for Joint Use of Poles between the City of Fairhope and
BellSouth Telecommunications, Inc. The term of this agreement is for 5 years.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 1084-04
WHEREAS, the City of Fairhope Electric Department and BellSouth
Telecommunications, Inc. (successor by merger to South Central Bell Telephone
Company) are presently in a Joint Pole Use Agreement, implemented April 5, 1972
and amended May 8, 1980.
WHEREAS, the City of Fairhope Electric Department and BellSouth
Telecommunications, Inc. desire to establish a new JOINT POLE USE
AGREEMENT of their respective poles when and where JOINT USE shall be of
mutual advantage; and,
WHEREAS, the conditions determining necessity or desirability of JOINT USE
depend upon service requirements to be met by both parties, including considerations
of safety and economy, and each of them should be the judge of what the character of
its circuits should be to meet its service requirements, and as to whether or not these
service requirements can be properly met by the JOINT USE of poles.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the parties hereto, for themselves, their successors and assigns, do
hereby covenant and agree to the terms of their agreement.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to execute a JOINT POLE USE
AGREEMENT between the City of Fairhope Electric Department and BellSouth
Telecommunications, Inc. The term of this agreement shall be for five (5) years.
ADOPTED THIS DAY THE 131h DAY OF December , 2004.
Attest:
Geniece W. Johnson, City 5MVTreasurer
3457
13 December 2004
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute a
consignment agreement between the City of Fairhope and Consolidated Pipe &
Supply Company, Inc. Seconded by Councilmember Ford, motion passed
unanimously by voice vote.
RESOLUTION NO. 1085-04
CONSIGNMENT AGREEMENT WITH
PROVISION FOR FILING UCC FINANCING STATEMENT
WHEREAS, upon execution and delivery of this agreement as the operations of the
Consignor's Branch Officer (City of Fairhope) will permit and as the parties shall
mutually agree, the Consignor will Consign and ship to itself in care of the
Consignee, (Consolidated Pipe & Supply Company, Inc.), such quantities of
(Products) as may be necessary to place in the Consignee's warehouse in Fairhope,
Al, (Warehouse) a stock sufficient to permit the Consignee to make prompt deliveries
therefore of Products sold by it in the course of its regular trade. Thereafter, during
the term of this agreement the quantities of Products in the Warehouse shall be
maintained, as the parties shall mutually agree.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to execute a consignment
agreement between the City of Fairhope and Consolidated Pipe & Supply Company,
Inc.
Adopted on this 13 th day of December , 2004
City Council reviewed an application for a Beer/Wine Off -Premises License by
Richard D. Calhoun, dba BayBreak, located at 369 South Mobile Street, Fairhope,
Alabama. Councilmember Christenberry moved to approve the issuance of the
license. Seconded by Councilmember Quinn, motion passed unanimously by voice
vote.
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13 December 2004
Councilmember Ford moved to turn the request for a speed -calming device on
School Street, between Morphy Avenue and Nichols Avenue, over to the Street
Committee and Police Department to investigate and report back to the City Council.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
George Roberds with Roberds Construction Company addressed the City
Council on guidance on the Greeno Road Enhancement Project. The project
originally caused for a sidewalk to be installed on the West side of Greeno Road
between Gayfer Street and Colonial Acres. These are the following cost associated
with this project:
West Side $177,145.00
East Side $150,510.00
Total $327,655.00
Grant Amount $193,032.00
City Amount $ 48,258.00
$241,290.00
Over run of $ 86,365.00
Mr. Roberds inquired as to if the City wanted to fund the additional $86,365.00 to
install sidewalks on the West and East side of Greeno Road or does the City wish to
adjust the bid to allow for the sidewalk to be installed on the West side and to allow
for sidewalk to be installed on the East side at HWY 104 South and cover as much as
possible to use the entire grant funds. The Council agreed to adjust the bid to use all
the grant funds with a sidewalk being installed on the West side and install as much
as possible on the East side.
3459
13 December 2004
Identification: "POLYETHYLENE PIPE BID"
Bids received on: November 12, 2004
At: 2:00 p.m.
Annual Polyethylene Pipe Bid used by the City of Fairhope. Pipe will be ordered as needed.
VENDOR.
PRICE PER FOOD:
DEL/VERY.•
CONSOLIDATED PIPE & SUPPLY CO.
Size Pipe
Mobile, AL
2-in. $0.55 ft.
Pipe Mfgr: "Hancor"
3-in. $1.15 ft.
14-21 Days
4-in. $1.85 ft.
6-in. $4.05 ft.
8-in. $6.85 ft.
HUGHES SUPPLY, Mobile, AL
Size Pipe
2-in. $0.55 ft.
Pipe Mfgr: "Hancor"
3-in. $1.16 ft.
4-in. $1.91 ft.
6-in. $4.16 ft.
8-in. $7.04 ft.
EMPIRE PIPE, Birmingham, AL
NO BID
NATIONAL WATERWORKS, INC., Pensacola, FL
NO BID
It is advised to accept the bid of CONSOLIDATED PIPE & SUPPLY CO., Mobile, AL with all specifications being
met.
Dan McCrory, Clint Steadham,
Water & Sewer Superintendent Asst. Purchasing Agent
Councilmember Ford moved to accept the low bid of Consolidated Pipe &
Supply Company, Mobile, Alabama, for Polyethylene Pipe, provided all
specifications are met. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
3460
13 December 2004
Identification: "BLEACHERS -RECREATION DEPT"
Bids to be received no later than: December 2, 2004
at: 4:00 p.m.
I
Two 2 sets of Bleachers for Volanta Street Ball Park.
BID RECEIVED:
BID RECEIVED:
TOTAL BID AMOUNT:
DELIVERY:
OUTDOOR ALUMINUM
TOTAL PRICE:
Geneva, AL
$13,052.00 (or $6,526.00 ea.)
20-25 Days
BSN SPORTS
VENDOR DID NOT COMPLY WITH BID
Jenkintown, PA
SPECIFICATIONS.
COLLEGIATE PACIFIC
NO RESPONSE
Dallas, TX
recommended to accept the bid of OUTDOOR ALUMINUM, Geneva, AL. Specifications have been met
Eddie Boyett,
Recreation Dept.
Wayne Smith,
Purchasing Agent
Councilmember Ford moved to accept the bid of Outdoor Aluminum, Geneva,
Alabama, for Bleachers for the Recreation Department, provided all specifications are
met. Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
Hurricane Ivan damaged the Recreation Department's bleachers on September 16, 2004.
STATE BID
November 30, 2004
The Building and Planning Department has a truck budgeted for this fiscal year. It is recommended to purchase a
new Chevrolet Colorado Truck on the State of Alabama Vehicle Contract T191, contract number 4007527 and
commodity number 070-52-088508. The vendor having the state contract is Capitol Chevrolet, Montgomery, AL.
The total purchase price of the vehicle is $12,979.00. Estimated delivery of the truck is 45-60 days.
Wayne Smith,
Purchasing Agent
Christopher Baker
Building & Planning
Councilmember Quinn moved to accept the state bid of Capital Chevrolet,
Montgomery, Alabama, for a Chevrolet Colorado Truck for the Building Department,
provided all specifications are met. Seconded by Councilmember Ford, motion
passed unanimously by voice vote.
3461
13 December 2004
Councilmember Quinn moved to pay bills as presented. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Councilmember Quinn inquired when would the City Council have a Finance
Meeting?
There being no further business to come before the City Council the meeting
was duly adjourned at 7:58 p.m.
Robert C. Gentle, Council President
lam/ 140z9m�
Geniece W. Johnson, ty Clerk/Treasurer