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Home My WebLink About06-27-2005 Regular Meeting3575 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, 27 June 2005. Present were Presiding Officer, Councilmember Michael A. Ford, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Council President Robert C. Gentle and City Attorney Marion E. Wynne were absent. There being a quorum present, Presiding Officer, Councilmember Ford called the meeting to order. The Pledge of Allegiance was recited, and Rev. Jeff Ingram, with First Baptist Church gave the invocation. Councilmember Stankoski moved to approve minutes of the 13 June 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Carol Griffin with the Fairhope Garden Club addressed the City Council to present the proceeds from the Third Annual Garden Walk to Jennifer Fidler, Public Works Director. The proceeds totaled $1,600.00 to be used to plant the median turn -a - bouts on Highway 98. Mayor's Comments: • Rose Forgarty, Finance Director, gave a financial report for the Month of May, 2005. No City Council action was required nor taken. • Mrs. Fogarty also presented a power point presentation on the Sanitation, Trash pick-up and Recycling Analysis. SANITATION, TRASH PICK-UP AND RECYCLING ANALYSIS FISCAL YEAR TO DATE AT MAY 31, 2005 (EIGHT MONTHS) REVENUE EXPENSE INCOME(LOSS) SANITATION 499,213.00 486,988.00 12,225.00 TRASH PICK-UP 0.00 374,130.00 -374,130.00 RECYCLING 60,344.00 185,024.00 -124,680.00 TOTALS 559 557.00 1 046142.00 -486 585.00 CUSTOMERS 7,158 PER MONTH COST 18.27 PER MONTH REVENUE *9.77 SHORTFALL EACH MONTH -8.50 CURRENT RESIDENTIAL RATE 7.80 *Includes recycling revenue and collection fees. 3576 27 June 2005 • Mayor Kant stated that we need to look at speeding in the City. We need to look at other alternatives to speed bumps, and look at raising traffic ticket cost by $50.00. The Police Chief will make a report at the next City Council meeting. • Mayor Kant also stated that we need to look at lost resources when the police and fire department spend a lot of time answering false alarms. • He discussed that a number of streets need to be re -striped, particularly Plantation Boulevard. The Gas tax monies are used on these projects. • Christopher Baker is working with the state on how to make the intersection at the Woodlands safer. • In 1993 the City Council passed one of the first ordinances banning smoking in all City buildings (Ordinance No. 952). The ordinance section 12-15 gives the Mayor authorization to prohibit, by executive order, smoking in areas on City property, outside confines of building and structures. As of October 1, 2005, Mayor Kant will exercise by executive order to ban smoking in/on most of the City properties. Mayor Kant feels that the City cannot go out and require businesses or restaurants to ban smoking without cleaning up home first. Mayor Kant further stated that he does not feel that the City should have two classes of employees. However, Blue Cross and Blue Shield Health Insurance keeps going up. The City pays 100% of the insurance premiums and need to protect employees that do not smoke. Mayor Kant encouraged the City Council to pass the new handbook and perhaps omit section 8.06, Use of Tobacco. Councilmember Christenberry moved for final adoption of Ordinance No. 125. to re -zone the property of Betty Sikorowski from 134-Office and Professional to 132- General Business. This property is located at 151 Bancroft Street, Fairhope, Alabama. (Introduced and Public Hearing held on June 131h meeting). Seconded by Councilmember Stankoski, motion for final adoption passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Ford. NAY -none Councilmember Quinn moved for final adoption of Ordinance No. 1253 to repeal the existing Zoning Ordinance and adopting a New Zoning Ordinance. (Introduced at June 131h meeting). Seconded by Councilmember Christenberry, motion for final adoption passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Ford. NAY -none Councilmember Christenberry moved for final adoption of Ordinance No. 1254 to adopt a Right -of -Way Construction and Administration Ordinance. (Introduced at June 13`h meeting). Seconded by Councilmember Stankoski, motion for final adoption passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Ford. NAY - none Presiding Officer Councilmember Ford allowed each Councilmember to express their concerns about the new Personnel Handbook. 3577 27 June 2005 Councilmember Quinn expressed that she thought it was good to encourage people to stop smoking, but she has a problem with mandating no smoking for new employees. Councilmember Quinn thought that maybe the smokers should take part of the burden for paying for their insurance. Councilmember Stankoski expressed that he did not object to banning smoking in City vehicles and all City facilities. However, the City should not tell employees what they can or cannot do after work. Councilmember Stankoski further stated that he would not want the Mayor telling him what to do after hours. Councilmember Christenberry expressed that if you are going to smoke you should have to pay something on the insurance, but the City should not tell the employees what to do after business hours. Presiding Officer Ford expressed that the City would be encroaching on the employee's private property, and this would encourage employees to spy on one another to see if they were smoking. Presiding Officer Ford also checked with the League of Municipalities and no other city in Alabama is doing this. The City has not presented figures on the insurance as to whether smokers cause the insurance premium to increase or not. If this right is taken away, what will be next. Presiding Officer Ford stated that they needed to think about this issue, keep it in mind and maybe form a committee latter to work on coming up with a less harsh rule. He thought they needed to adopt the handbook, but revisit the no smoking portion. Christenberry moved for final adoption of Ordinance No. 1255 repealing Ordinance No. 955 adoRted March 16, 1994, and adopting a new Personnel Hand Book (Introduced at June 13' meeting), but delete section 8.06, the Use of Tobacco section. Seconded by Councilmember Quinn, motion for final adoption passed by the following votes: AYE - Quinn, Stankoski, Christenberry, and Ford. NAY -none Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets, public right-of- way, and all of Fairhope's public utilities within Quail Creek Villas Phase V for maintenance. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 3578 27 June 2005 RESOLUTION NO.1117-05 WHEREAS, the Owners of Quail Creek Villas Phase V desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2213 D, and all Fairhope public utilities located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama; and, WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements 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 Quail Creek Villas Phase V maintenance bonds for the public improvements constructed 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 public improvements indicated herein for Quail Creek Villas Phase V (Southside of the Golf Course) are hereby accepted for public maintenance subject to the bond posted. Adopted, this 27th day of June , 2005 Attest: Geniece W. Johnson, ity erk — Treasurer 3579 27 June 2005 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 the United States Department of Agriculture Natural Resources Conservation Service for an Emergency Watershed protection program. March 2005 Rainstorm — $191,000.00. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1118-05 WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed; and, WHEREAS, the Sponsor and NRCS agree to a plan, which provides for restoration of certain works of improvement referenced in Section A. NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. IT IS AGREED that the following described work is to be constructed at a total estimated cost of $254,670.00. $191,000.00 100% of construction cost and $63,670.00 (25%) of in -kind services. PROJECT — EMERGENCY WATERSHED PROTECTION (EQP) PROGRAM - MARCH 2O05 RAINSTORM — 69-4101-5-25 DSR NUMBER LOCATIONS DESCRIPTION OF WORK ESTIMATED COST FAI040501 East Pecan Fill, Riprap on geotextile $ 4,000.00 FAI040502 112 Echo Lane Fill, install pipe $12,000.00 FAI040503 Bayview @ Univ. of S. Alabama Fill, shape, riprap $16,000.00 FAI040504 F'hope Sewer Treatment Flume $19,000.00 FAI040505 North Creek Drive/Fly Creek Marina Fill, riprap $31,500.00 FAI040506 Ecor Rouge @ Rock Creek Riprap, liner $15,000.00 FAI040507 613 Johnson Street Riprap remove debris $18,000.00 FAI040508 Sewer Pumping Station McGowan Drive Shape, riprap $14,500.00 FAI040509 Quail Creek Shape riprap $10,000.00 FAI040510 N. Section St. @ Fredrick Fill, shape, riprap $14,000.00 FAI040511 599 Section Street Fill, shape, riprap $ 9,000.00 FAI040512 Cliff Drive E. of S. Mobile Shape, fill riprap $22,000.00 FAI040513 Dirt Road N. Hwy 31 Approx 2 Miles Shape, fill riprap $ 6,000.00 NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant is hereby authorized to execute an agreement between the City of Fairhope and the United States Department of Agriculture Natural Resources Conservation Service for an Emergency Watershed protection program, for March 2005 rainstorms. Total estimated cost of $254,670.00, $191,000.00 100% of construction cost and $63,670.00 (25%) of in -kind services. Adopted this 271h day of June , 2005. Timo y M. K nt, Ma or Attest: Geniece W. Johnson, 3580 27 June 2005 Mr. and Mrs. Kaplerchuck, residents of Quail Creek Subdivision, addressed the City Council requesting a speed bump be installed on Quail Creek Drive at the side street entrance off of Lawrence Street. This street has become a thru street and a lot of speeding take place during rush hours. Mr. Kaplerchuck would like to keep the speed at 25 mph. Councilmember Christenberry stated that he has received several calls from other residents of Quail Creek requesting not to put a speed bump in. Presiding Officer Ford referred this request to the Street Committee were Councilmember Stankoski is the chair, and referred it to the Police Department to investigate and report back to the City Council. Presiding Officer Ford addressed the City Council requesting permission to use Recreational Capital Improvement Funds for the following purchases: 1. To purchase Eddie Boyett, Recreational Direction, a truck up to $20,000.00 from the state bid. 2. To install a one -lane road along the South side of the Fairhope Gym to use as an exit onto Volanta Avenue to alleviate a bad traffic jam. This is a safety concern because there is no thru street for people to exit onto from the driveway in front of the Recreation Gym. The cost is approximately $8,000.00. This will be a public works project. Councilmember Quinn moved to grant the request to use Recreation Capital Improvement Funds for the two items listed above. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3581 27 June 2005 Identification: "CHEMICALS - WATER TREATMENT" Bids must be returned by: May 13, 2005 at: 4:00 p.m. (Chemicals used for Water Treatment at Water Wells: Hydrofluosilic Acid, Hydrated Lime, & Gas Chlorine) VENDOR: ITEM: COST. DELIVERY. DPC ENTERPRISES, Gas Chlorine $67.98 per Cylinder Mobile, AL Brand. Olin or Occidental Chemical $5.70 per 50 lb. Bag 1-2 Days Hydrated Lime Brand. Carmeuse Chem., Southern Lime, or Cheney Lime INDUSTRIAL CHEMICALS, Gas Chlorine NO BID Birmingham, AL 3-Days Hydrated Lime $4.65 per 50 lb. Bag Brand. Southern Lime HARCROS CHEMICALS, Gas Chlorine $150.00 per C ley 'nder Mobile, AL Occidental Chemical 3-Days Hydrated Lime NO BID UNIVAR U.S.A., Mobile, AL NO BID PENCCO, INC., Sealy, TX NO BID VAN, WATERS & ROGERS, INC. Mobile, AL NO RESPONSE VULCAN PERFORMANCE CHEMICALS, NO RESPONSE Birmingham, AL It is recommended to accept the bid of DPC Enterprises, Mobile, Alabama. All specifications have been met. Dan McCrory, Supt. Water & Sewer Dept. Wayne Smith, Purchasing Agent Councilmember Quinn moved to accept the bid of DPC, Enterprise, Mobile, Alabama, provided all specifications are met. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. BIB TABULATION Identification: "HYDROFLUOSILIC ACID" Bids to be received by: May 13, 2005 at:-4.00 p.m. Chemical to be added to Potable Water Vendor. Manufacturers Name: Delivery Time: PENCCO, INC., Sealy, TX 5-7 Days PRICE per Pound Quantity of 2,000 gallons: $0.1514 lb. Quantity of 2,500 gallons: $0.1223 lb. Quantity of 3,000 gallons: $0.1097 lb. 3582 Quantity of 3,500 gallons: $0.1019 lb. 27 June 2005 INDUSTRIAL CHEMICALS, US Agri -Chemical 5-7 Days Birmingham, AL PRICE per Pound Quantity of 2,000 gallons: $0.1682 lb. Quantity of 2,500 gallons: $0.1454 lb. Quantity of 3,000 gallons: $0.1306 lb. Quantity of 3,500 gallons: $1.1220 lb. Vendor. Manufacturers Name: Delivery Time: DPC ENTERPRISES, L.P. U.S. Agri -Chemicals, IMC, Mobile. AL or Mosaic Phosphates Quantity of 2,000 gallons: $0.30 lb. Quantity of 2,500 gallons: $0.28 lb. Quantity of 3,000 gallons: $0.26 lb. Quantity of 3,500 gallons: $0.24 lb. UNIVAR U.S.A. Mobile, AL NO RESPONSE 5-7 Days 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 Councilmember Christenberry moved to accept the low bid of Pencco, Inc., Sealy, Texas, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Presiding Officer Ford recognized Boy Scout David Haley. Mr. Haley is with Troop # 47 and is working on his Communication and Eagle Badge. Teko Wiseman with the Baldwin County Trailblazers addressed the City Council to encourage bikers and motorist to co -exist. In and effort to show that the motorist and cyclists must share the road, Mrs. Wiseman thinks that signage will help. Mrs. Wiseman would like to display "Share the Road" signs and the official state sign along the trails for the motorist and cyclists. 3583 27 June 2005 Mrs. Wiseman encouraged donations from the citizens and the City to help purchase the signs. Mrs. Wiseman will visit the surrounding municipalities to encourage others to get involved. Presiding Officer Ford stated that the City will take this under consideration and turned this request over to the Street Committee and Police Department. Councilmember Quinn stated that she would look into a resolution to recognize Mr. and Mrs. Larry McDuff. Mr. McDuff was recently killed by a motorist while riding his bike, and Mr. McDuff s wife was killed last year by a motorist while riding her bike. There being no further business to come before the City Council the meeting was duly adjourned at 6:36 p.m. Michael A. ord, Presiding Officer