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Home My WebLink About05-19-2005 Regular Meeting3554 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 Thursday, 19 May 2005. 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 Building and Planning Assistant Summer Woodson, gave the invocation. Councilmember Stankoski moved to approve minutes of the 9 May 2005, regular meeting. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Dan McCrory, Water/Sewer Superintendent, reported that phase I of the Montrose Sewer Project is complete. Phase I includes Sea Cliff Drive to Parker Road. • Dan McCrory, Water/Sewer Superintendent, requested to use Out of Town Sewer Reserve monies to repair sewer plant aerator part. The aerator will cost approximately $63,000.00 — 65,000.00. • Dan McCrory, Water/Sewer Superintendent, requested to use approximately $35,000.00 from Capital Improvements Water Fund to install a water line on Highway 104. • Tommy Long, General Superintendent, reported on the status of the following project. 1. The Million Dollar sidewalk project on County Road 44 is nearly complete. The remainder of the funds will be used to install sidewalks on Spring Run back to Highway 98 (Greeno Road) as far as monies are available. 2. Repairs to the Municipal Pier are coming along good. A faxed copy of the Corp Permit was received this afternoon. The pier should be in operation by the 41h of July. 3. The following NRCS Project on the road wash out are complete: a. North Section Street b. South Section Street adjacent to Fairhope Animal Shelter c. Cliff Drive between Mobile Street and freedom Street • Mayor Kant announced that it is budget time. Starting June 1, the Mayor will be working on the budget for FY 2005-06. The deadline for turning in requests will be July 31, 2005. • Mayor Kant requested that the City Council authorize him and Geniece W. Johnson, City Clerk/Treasurer, to borrow money from the Electric Capital Fund (Fuel Adjustment) to help pay for the utility operating bills. • Mayor Kant requested to form a committee to work on resolving the cash flow problems. • Mayor Kant requested to consider a line of credit for the utilities operating expenses. • Mayor Kant announced that the City Council might have a Special City Council Meeting on Tuesday, June 7, 2005, at 5:30 pm for the Library Project. Councilmember Ford moved to address the following items not on the printed agenda. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3555 19 May 2005 Councilmember Christenberry moved to authorize staff along with City Council President Gentle and Councilmember Stankoski to research possible areas of increasing revenues to prepare for the future, and report back to the City Council. Such areas as: • Recycling fees • Impact fees • Sales tax • Other service fees Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing the borrowing of monies from the Electric Capital Improvement Fund (Fuel Adjustment) to pay the utility operating expenses. This money must be repaid. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO.1108-05 WHEREAS, pursuant to Resolution No. 1006-04 any use of designated funds for purposes other than the primary reason designated, must be approved by the City Council prior to using these funds for another purposes. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Timothy M. Kant, Mayor, and Geniece W. Johnson, City Clerk/Treasurer, is hereby authorized to borrow $534,135.40 from the Electric Capital Fund (Fuel Adjustment) to help pay for the utility operating bills. These funds must be replaced. Approved and adopted this 19`h day of May , 2005 C l Ti thy .Kant, Mayor Attest: Geniece W. Johnson, Ci ler reasurer Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an investigation of opening a revolving line of Credit for the utility funds, and to report back to the City Council. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 3556 19 May 2005 RESOLUTION NO. 1109-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Timothy M. Kant, Mayor, and Geniece W. Johnson, City Clerk/Treasurer, is hereby authorized to investigate opening a $2-Million revolving Line of Credit for the Utility Operating Funds. Approved and Adopted this 191h day of May , 2005 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing the use of $63,000 - $65,000 of the Out of Town Sewer Reserve monies to repair the sewer plant aerator. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1110-05 WHEREAS, pursuant to Resolution No. 1006-04 any use of designated funds for purposes other than the primary reason designated, must be approved by the City Council prior to using these funds for another purposes. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Timothy M. Kant, Mayor, is hereby authorized to use $63,000 to $65,000 of the Out of Town Sewer Reserve monies to repair the sewer plant aerator. Approved and Adopted this 19`h day of Maw, 2005 CTji othy M. ant, Mayor Attest: //, /7 Geniece W. Johnson, C' *Cerk/Treasurer 3557 19 May 2005 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing the use of monies from Capital Improvements Water Fund to install a water line on Highway 104. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1111-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Timothy M. Kant, Mayor, is hereby authorized to use of monies from Capital Improvements Water Fund to install a water line on Highway 104. A new church (name not given) will be responsible for the material cost. The City will only be responsible for the labor charges of approximately $35,000.00. Approved and Adopted this 19`h day of May , 2005 Gary Gover, Chairman of the Historic Fairhope Preservation Committee, addressed the City Council to report on the 81h Annual Fairhope Homes Tour. The 8th annual Fairhope tour of historic cottages was conducted on Sunday, May 1, 2005. The tour included the homes of Belinda Ross, Linda and Bill Cone, Rene and Ted Mashburn and Terri and Will Carlton, plus the Hermit's Cottage. The homeowners will receive an original pen -and -ink drawing of their home by artist Elizabeth Carrigan. The Historic Fairhope Preservation Committee dedicated the 8th annual homes tour to the preservation of the historic fagade of the old city hall aka old jail located at 24 North Section Street. The $6,690.00 proceeds were presented to the Mayor and City Council to support work to preserve the fagade, and encourage the City to move forward and initiate restoration of the fagade of the old city hall aka old jail located at 24 North Section Street. 3558 19 May 2005 Councilmember Quinn introduced in writing Ordinance No. 1251. An ordinance requesting Alabama Department of Transportation not to permit Billboards on any primary roads, streets, and highways, in the Police Jurisdiction of the City of Fairhope, Alabama. 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 votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1251. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution adopting the Baldwin County Natural Hazards Mitigation Plan. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1112-05 ADOPTING THE BALDWIN COUNTY, ALABAMA NATURAL HAZARDS MITIGATION PLAN DATED JUNE 20, 2004 IN FULFILLMENT OF THE PLANNING CRITERIA OF THE FEDERAL DISASTER MITIGATION ACT OF 2000 WHEREAS, The Federal Disaster Mitigation Act of 2000 (DMA 2000), as administered by the Alabama Emergency Management Agency (AEMA) and the Federal Emergency Management Agency (FEMA) provides Federal assistance to local governments to alleviate suffering and damage from disasters, and broadens existing relief programs to encourage disaster preparedness plans and programs, coordination and responsiveness, insurance coverage, and hazard mitigation measures; and, WHEREAS, as a condition for qualifying for certain Federal disaster assistance programs in the future, DMA 2000 requires the development and adoption of a local natural hazards mitigation plan; and, WHEREAS, the AEMA had awarded a planning grant funded through the FEMA Pre -Disaster Mitigation Grant Program to the Baldwin County Emergency Management Agency; and, WHEREAS, the Baldwin County, Alabama Natural Hazards Mitigation Plan has been prepared in accordance with DMA 2000 requirements under the direction of the Baldwin County Hazards Mitigation Planning committee which represents all of the jurisdictions within Baldwin County; and, WHEREAS, said mitigation plan addressees all natural hazards deemed to threaten property and persons within the unincorporated and incorporated areas of Baldwin County. 3559 19 May 2005 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the Baldwin County, Alabama Natural Hazards Mitigation Plan, dated June 30, 2004, is hereby adopted and immediately made effective. ADOPTED AND APPROVED this the 191h day of May , 2005. ATTEST: Geniece W. Johnson, City Clerk r urer Councilmember Quinn 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 Wireless Personal Communications LP dba Verizon Wireless for a Water Tower Lease Agreement at 590 Mershon Street. The term of this lease shall be for 5 years at an annual rental amount of $14,400.00. RESOLUTION NO. 1113-05 WHEREAS, Verizon Wireless Personal Communications LP d/b/a Verizon Wireless has negotiated the attached Water Tower Lease Agreement for the lease of property located at 590 Mershon Street (Nichols Street), Fairhope, Alabama, owned by the City of Fairhope, Alabama, as more particularly described herein below; and, WHEREAS, the City of Fairhope, Alabama, has determined that it is in the best interest of the City that it enter into such Water Tower Lease Agreement; and, WHEREAS, the term of this Agreement shall be effective as of the date of execution by both parties, provided however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments will be due at an annual rental of Fourteen Thousand Four Hundred Dollars ($14,000.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The Commencement Date is defined as the first (I") day of the month following the date this Agreement is executed by the parties or the first (1" day of the month following the date LESSEE is granted a building permit by the governmental agency charged with issuing such permits, whichever event occurs last. BE IT RESOLVED that the City of Fairhope, Alabama, hereby approves of all of the terms and provisions of the attached Water Tower Lease Agreement (including all exhibits); and, BE IT FURTHER RESOLVED that Timothy M. Kant, Mayor, is fully authorized, empowered and directed, for and on behalf of the City of Fairhope, Alabama, to lease to Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, a portion of the immovable property hereinafter described, for such amount and on such terms and conditions and with such clauses and stipulations as are contained in the attached Water Tower Lease Agreement; with full authority on the part of said agent to sign and execute any act or acts before any Notary Public, said act or acts to contain such clauses, stipulations and obligations as said agent may deem advisable; with further authority to sign and execute any and all documents necessary or advisable to carry out fully the foregoing objects and purposes; with further authority to do anything in the premises which may be necessary or advisable to carry out fully all or any of the purposes of this Resolution. 3560 19 May 2005 The intent of this Resolution being to place full authority with said agent to lease a portion of the following described property: "From the center of the North line of the Northeast Quarter of the Northwest Quarter of Section 20, Township 6 South, Range 2 East, run West 133 feet for the point or place of beginning; run thence West 198.25 feet to a point; run thence south 330 feet to a point; run thence East 198.25 feet to a point; run thence North 330 feet to a point, which is the point of place of beginning, in the city of Fairhope, Alabama, and being further described indeed Book 317, Page 210, in the Public Records of Baldwin County, Alabama, together with the non-exclusive right for ingress and egress" RESOLVED AND ADOPTED this 19`' day of May 12005. (- V" 4_� Tim o y M. I ant, qayor Attest: Geniece W. Johnson, City Cler asurer Colton Coile, a member of the Airport Authority, addressed the City Council to report that the Airport Authority is working on a private developer that is interested in building more T-Hangers at the H. L. "Sonny" Callahan Airport. In order to begin this process the Airport Authority must amend the current lease with the Fixed Based Operators, which is Teledyne Motors, to get back a portion of land that is currently being leased by Teledyne Motors. Teledyne Motors currently has an outstanding amendment # 5 to their contract. Amendment # 5 would have to be complete before the City Council could move forward on amendment # 6 to get back a portion of land. Councilmember Ford moved to have Marion E. Wynne, City Attorney, to look into this. Seconded by Councilmember Quinn, motion passed unanimously, by voice vote. The City Council received a request by Jacquelyn Kirk Dunnam requesting permission to use the parking lot at City Hall to teach Dog Ownership 101 Class. Ms. Dunnam was not present to address the City Council's concerns. This item will be addressed at the next regular City Council meeting. Robert Webb, a resident of 19235 Fairfield Place, addressed the City Council requesting that two or three Councilmembers along with residents of Fairfield Place get together to address the flooding of Fairfield Place Subdivision. Mr. Webb presented the City Council with pictures of the two resent rainstorms. Mr. Webb expressed that flooding in this subdivision is a new problem, but wanted to know who is responsible and needed a plan of action. Mike Sheldon with Natural Resource of Conservation Services, Lands Division addressed the City Council expressing that his job is to try to address the long-term solution to draining Cowpen Creek. Mr. Sheldon also expressed that an impact fee would go a long way in protecting Weeks Bay. 3561 19 May 2005 Frank Leatherbury with Weeks Bay Watershed, Bay Watch and Fairhope Environmental Advisory Board, addressed the City Council expressing concern of this problem and also requested that two Councilmembers work with the residents to come up with a solution. Nell Salamone also a resident of Fairfield Place addressed the City Council expressing that the residents of Fairfield Place respectfully ask for help. The water from the South side of County Road 44 is being directed under Booth Road to Fairfield Place Subdivision. The water from Fairhope High School is being directed back to this subdivision, as well as Bell Chase Subdivision's water. When the lake at Fairfield Place was put in it was adequate to handle Fairfield Place Subdivision's water. Councilmember Ford asked Frank Leatherbury what could be done? Mr. Leatherbury stated that the water flowing in to Cowpen Creek could not be shut down, but perhaps the wrong formula is being used. Mr. Leatherbury also stated that he has worked with the following persons regarding resolving this problem: Tommy Long, City's General Superintendent, Ack Moore, engineer and Charlie Bassett the engineer who drew the calculations for Fairfield Place, and Bob Keyser, a resident of the subdivision. Mr. Leatherbury further stated that implementing an impact fee would help with the city taking over the retention and detention ponds. Councilmember Ford stated that the City could not take all the liability, and if the City takes over the retention and detention ponds the City would be taking over the developer's liability. Marion E. Wynne, City Attorney, exited the dais at 6:40 p.m. Council President Gentle stated that the City is working on an inventory of all the drainage problems, and he turned this issue over to Councilmember Christenberry, Tommy Long, and Jennifer Fidler, Public Works Director. Councilmember Quinn offered to work with this group. Erik Cortinas an employee of Paul Monroe, the developer of Fairfield Place, addressed the City Council expressing that he and Mr. Monroe would like to work with the committee to resolve this problem. Mayor Kant expressed that the Home Owner's Association does not need to accept this subdivision until this problem is fixed. Mayor Kant further stated that we do not know all the answers but we are going to have to address the top 10 drainage problems first. The top 10 drainage problems list is due by July 31, 2005. 3562 19 May 2005 TABULATION Identification: "WAREHOUSE FORKLIFT " Bids to be opened on: MAY 5. 2005 at: 4:00 p.m. Item Bid: Warehouse Forklift To be paid out of vehicles and equipment — Gas, Water, and Electric VENDOR: PRICE: DELIVERY RENTAL SERVICE CORP $10,885.00 DAEWOO 1-DAY MOBILE AL Model: G25E, Year: 2000 Hours: 1649 THOMPSON TRACTOR CAT -RENTAL NO BID MOBILE AL COOK COASTAL RENTAL NO BID MALBIS AL It is advised to accept the bid from RSC (Rental Service Corporation), Mobile, AL with all specifications being met. Tommy Long, Clint Steadham, General Superintendent Assistant Purchasing Agent Councilmember Ford moved to accept the bid of RSC (Rental Service Corporation), Mobile, Alabama, for a Warehouse Forklift. The warehouse forklift will be a regular purchase and paid for by the General, Electric, Water/Sewer and Gas Departments, provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. There being no further business to come before the City Council the meeting was duly adjourned at 6:56 p.m. Robert C. Gentle, Council President NINE Geniece W. Johnson, gity Clerk/Treasurer