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HomeMy WebLinkAbout02-13-2006 Regular Meeting3753 STATE OF ALABAMA X COUNTY OF BALDWIN X 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 February 2006. 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 Assistant Tyron D. Hoskins. Geniece W. Johnson, City Clerk, was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Councilmember Christenberry, gave the invocation. Councilmember Quinn moved to approve minutes of the 23 January 2006, regular meeting. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Christenberry moved to approve minutes of the 10 February 2006 special meeting. Seconded by Councilmember Stankoski, motion passed by the following voice votes: AYE- Stankoski, Christenberry, Ford and Gentle. NAY -none. ABSTAIN: Quinn Mayor's Comments and Staff Report: Mayor Kant asked that a committee be appointed to work on clarifying the Alarm Ordinance. Council President appointed Councilmember Christenberry and Councilmember Quinn to work with Mayor Kant and Chief of Police, Chris Browning, on clarifying this ordinance. Jennifer Fidler, Public Works Director, addressed the Council to give them an overview of the amendments to the Sanitation Ordinance. Ms. Fidler stated that the trashcans for the automated garbage service will be delivered March 130, — 17`h. Council President Gentle suggested that a presentation be held for the citizens so they can see how the automated service will work. Ms. Fidler made the following power point presentation: City ot-Fairhope Public'Noiks Department N'nSIC Management Division Code of Ordinance Revisions February 2(M Division 2. Definitions • Small appliances - small appliances shall include electronic devices, radial, television.,. microwaves, toaster ovens, tic. • 1-arge appliances - stove, refrigerators, washers, dryers, Itot \water Itc'aters or other large metal or like material Article VI. Collection and Disposal • Sect. 21-73 Time and planner of placement. • IJ) vaeatim er lnconw,; Pcrsnns coo, ing out or prourscs shall n4uply n llh all lost uucmcnh of this lemon. (INSF R f) City m, ned garbage aunanmr shall be cica,wd and len al the w,,deuce. Iclissing, sedan ordamaged carp are the fltlamial esp,meibilil, oft,, rendeut of used the can Place cot of aash or garbage ill ,iolaiion shall srbliet \iolalor to all pcnalues prescntsd herein and. tit addition Ihermo..... Article Vl. Collection and Disposal • Sect. 21.75 Rates • ADD. • (c) Acquiring garbage ucnamcrs' • Non h antw.al pmpo,nes or run Ir Will Iton,c, IIIa> acgmm R garbage u,111411 Br b]l a,nac bog tlx: t_uhtics Ulanmentat Cut, Ilallmadpa,inga &II,Iw I e scl h, the c unenl earla,•e rate At time o Is,,, turning wdn-..I mad pa, ulg dtlx,sns. resiJcnls man sign up for a AS. III and % ItAlun CelllamY '11re C,:IIIaole. \,ill hn,c all as,lgri'd scnal uu 111- to Iha p n-dm address. Article VI. Collection and Disposal . Sol 217s • NNlpina lc: tW IRKS DIRE(. I I*gAUTI FIR I I • Ilk P.Nm wwks D— lu+ d. iwl.iot een.in palicncalW r+:x„Iwn ihr•r.,lwv.•v wW lrxvduxv n,Iwt, bur aI.• no Ii114tcJ m ac illx'sln Wwttill.la errs dunq•.wxr ba lacSlilg spa rc 4:mnow. of uwl,..l'pliam,.. aI galfiau:. Im J,q—d .n u,lwt d14xM�J ncnn..,lw',•ial l'I.l,gn Ixlh.uas. „Iles. IkJ Y.I,laue Uuct, are nw a.e.•v,Ila,. PI.,,, welu �n ywlcla• aIW ha.J: ac:n+:n.. wan, I..n City of,Fairhupe Public Works Department Waste I5lanagen)enl Di\ ision Code or Ordinance Revisions February 200ri Article VI. Collection and Disposal • Sc, 21-72. Trash collection. •ADD • Snull sash item+:rod small appluurc s shall be placed in garbagelarge appliances should be put out on scholukd Jay ofpiekup. Acharge „ill be incurred h, the msiJonl This charge iv set b,v industry slandmds mid put in Ix:h,\ appru, ed b\ lha Public \\'otks Duecror. Aliphatic,s nla) also be dropped otf al the Cm. dump sac. Article VI. Collection and Disposal • Sect 21.73 Time and hlanner of Placement. • let F.sccssne gmumlics, \\'hoe art) person Mims callccuon of any quanlmof trash geeing, than one (1) truckload. such person shall Conrad the cim s sulxrintcodcnl of streets for instmcuons regarding manmr of phicenlnl and arm of collection (INs,l R'I) A cost comparable b: nlJusu, suud.lyds set ul poliq III the Public Wads Doecmr fix Illc rcmmal ofcwcsso e qu:nlIn— c.old be u,uuled for quanta —save out Inrcl, load.. Article VI. Collection and Disposal • Sect. 21.75 Rates • (d) Alleyway serv,cei • (;,it liage may he scrn iced ul alleyways but may moor add,nonal charge, if the containers are not accessible to the automated garbage truck. Rates it them areas could he higher if a special truck is needed to set, Ice garbage. Division _'. Solid Waste.'I•rash and Other Deposits • Section 7-121 Definitions • Trash -Trash shall include any waste products, portions of ntatctial, "tether it Ix wood, metal, plastic or a combination of anv building or sir'uctuic. Trash shall include material used h) control erosion. • Insert erosion, ruminre, couches, etc. Small nosh items shall also include umJen hoses, garden pots, toys, etc. Article VI. Collection and Disposal •Sec. 21.77.(b) hkannerofplaccnient • All ga,b;Igc shall be placed in a separate container \,hieh dos not mwd them lit) gallon capacay, cw,pt thu,c noire ida tial occutlatlls using a4wlnlers of ni'my- anon capacity. (takc out \c,tcpe) • All garage shall be pl:aeJ in a scparatc wlta inct m r%d he the ein C onim xr srn•s madable arc loin wtighl (48). sict,dau (ed):md num -si, ('Ihlgallon Snarl coed, items:rod alryd...ec, Shall he placat ,I ilk` garbage container Article VI. Collection and Disposal • , R,4Iw gd,l.'c N,rA Al.+wlh k.u. Smr,Il I rs;yl sl+r• • 11k r.1 , WyJ ] �$.I.a, .,I 1 14,4 • too • 1JU rid INyxl ! 1TIU • IUI�I 1'•. yin 7 SI T,e+ uo Wl I-A.P1 5 ssm • I'q ryl 1•Xµl 17Ur rxl t 11 ,11" 1lr,c rw,a ,,,II npph h,I na ks+Ulan cis nunlM1 ra.I cn, Inn—fl.'n,tY•I t),...I,�411Fxrrclunlx •.. I:Abml l+mann•J, eau•, ,,.It h nxdx14.ed h, wunhu ,4 w.Uo—I—k\I Article VI. Collection and Disposal . Sm 21.7 $. I It,, lol-I— tatnn l+colnll•; cbarle • i r—W •(a It—it Ix hs,•.lablidl.`J s tlwcial chmge „r n„• ,SAlam 152 (ell lw�: err Ion Jwnpmg uIJ li,e+u:,R,in'. I:nWIiII+u.:I. {Ia, abk in nJ,wlsc uI tlx• •In. . KI VISI11N • la1 Ilw�n l>Ixntn u,lnbhald a.lwwval.har�.v+I.. ilWu+lit ,IalWaldv ul.l Iva n� plliee In IM JV4,l W..k.. nvccLa Ian .lumping ol,l umn m Ilw an , W01,11 and r, able"I aL11—L ru 11. eI I) 3755 13 February 2006 • Jennifer Fidler addressed the Council to discuss Arbor Day, which was held on Saturday, February 11, 2006. Several trees were given away. She also stated that the parking lot at City Hall will have trees planted in honor of deceased council members. Some included are Layton Overstreet, John Duck, and Jimmy Gaston. Also Ken Richardson, who served on the Tree Committee, will also be honored. Fairhope Educational Enrichment Foundation (FEEF) was presented a proclamation declaring the City of Fairhope's support for an International Baccalaureate program at Fairhope High School. The Baldwin County Board of Education has already committed to placing the program in one high school in Baldwin County. This is an academic program designed for juniors and seniors and allows them to obtain certain college credit. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing Ordinance No. 1292, an ordinance to re -zone the property of Fairhope Single Tax Corporation, Craig Turner Sheldon, Jr., Pagan Sheldon Mosher, and William Dean Mosher from R-2 Medium Density Single Family Residential to B-3A Tourist Resort Lodging District. This property is located at 457 Oak Avenue, Fairhope, Alabama. The Planning & Zoning Commission recommended approval of this ordinance. No one present opposed to this rezoning. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following voice votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn moved for final adoption of Ordinance No. 1292. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing Ordinance No. 1293, an ordinance to zone the property of Song Grove Development, LLC to R-2 Medium Density Single Family Residential concurrent with annexation into the City of Fairhope. This property is located South of Nichols Avenue and East of Booth Road, Fairhope, Alabama. Council President Gentle called on Summer Woodson, Assistant City Planner. Ms. Woodson stated that the Planning and Zoning Commission reviewed and approved the preliminary plat. Council president Gentle opened the Public Hearing at 6:04 p.m. • Leon Chambers — 511 Patlynn — Mr. Chambers opposed to the annexation at this time. He presented the Council with the following letter and asked that it be made a part of the records. 3756 13 February 2006 Feburary 12. 2006 Flonorable Robert C. Gentle. President. Fairhope City Council I believe that your actions now are only the next to the last verse of Song Grove. Ina few years after the profits have been taken, new owners will settle back as nature takes over and the planned flood safety areas will clog with silt, trash and weeds —then comes the flood. The roads will form natural dams and the flood waters will seek new levels and the same portion along the natural watercourse that did flood will flood again —only now the course is clogged with houses and fences so the spread and backwater will be greater. The owners and their neighbors will Find someone to blame, get a lawyer and there will be words in their complaint like malfeasance, collusion, complicity, and failure to promote the public health, safety, and general welfare of your citizenry.. Allowing the county to finish its review and receiving its letter of approval before annexing will help your case. The second engineering opinion does not satisfy the law and the county will stop any action once the property is annexed. Another issue has arisen that further complicates your position that must be addressed It was suggested that all of the problems would have been solved if the property were annexed and then subdivided. It would have been a far more compatible solution for all parties but the developer would have lost a lot of the center of the development as it would have been in a Flood Hazard District and residential would be nonconforming. The only way he could develop the plan submitted in the preliminary plat was to fill and develop it in the county then ask for annexation as a residential subdivision. About two hundred feet of Tim Dupre's property centered on the bridge can easily be proven to be in a floodway according to our flood damage prevention ordinance number 1 165 and it is now a matter of record. This makes that whole area a part of the flood hazard district overlay. The floodway sheet flow of water coming from Tim's property onto the Song Grove site would be from one hundred fifty to two hundred feet. Just what portions in exact measurements to be decided by the Board of Zoning Adjustments. The big question that you will have to find an answer for is why was this not considered from the Council President called on Scott Hutchinson with Hutchinson, Moore, and Rauch. Mr. Hutchinson stated that the Corps of Engineers came out for a site visit and found no impact wetland areas. He presented the council with the following email from Jim McEnery, Project Manager with the U. S. Army Corps of Engineers: "After a site visit to the Song Grove development, January, 2006, it has been determined that the work being done is not within our jurisdiction. Discussions with Eric Buckelew (COE), Craig Martin, Wetland Sciences and Scott Hutchinson revealed no to impact wetland areas. This file has been closed as non - jurisdictional." 3757 13 February 2006 Council President Gentle asked Mr. Hutchinson if the City is annexing a problem storm, water wise. Per Mr. Hutchinson, there should be no problems. Council President Gentle closed the Public Hearing at 6:09 p.m. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1293. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford introduced in writing Ordinance No. 1294, an ordinance directing the transfer of an easement over a 20 foot strip of land to the West of the property located at 72 Fairhope Avenue and declaring said easement over said property to be surplus and that the transfer will not affect the property as needed for public or municipal purposes. Marion "Tut" Wynne, City Attorney, stated that this is an easement for egress -ingress only. Councilmember Ford inquired as to whether or not the property would no longer belong to the City. Per Mr. Wynne, the easement is being granted to Bayview Ventures, LLC and they will maintain the easement and the property. In order to take immediate action, Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1294. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. A public hearing was held on the issuance of Bonds to finance improvements and additions for Infirmary Health System, Inc. The IRS requires that a Public Hearing be held, but it will not be the City's responsibility. Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution approving the issuance of the Bonds to finance improvements and additions for Infirmary Health System, Inc. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 13 February 2006 RESOLUTION NO. 1267-06 3758 WHEREAS, Infirmary Health System Special Care Facilities Financing Authority of Mobile, a public corporation organized under the laws of the State of Alabama (the "Authority"), proposes to issue its revenue bonds in an amount not to exceed $300,000,000 (the "Bonds"). The Bonds will be issued to provide financing for the benefit of Infirmary Health System, Inc. ("IHS") and its affiliates, Mobile Infirmary Association ("Mobile Infirmary"), Gulf Health Hospitals, Inc. ("Gulf Health") and Infirmary Health Hospitals, Inc. ("Infirmary Hospitals"). IHS and its affiliates (collectively referred to as the "IHS System Affiliates") operate Health care facilities in Mobile and Baldwin Counties; and WHEREAS, the Bonds may be issued in a single series or in two or more series over a period ending February 1, 2009; and WHEREAS, the Bonds will provide financing with respect to the following acute care hospital and outpatient facilities (collectively the "System Facilities") of the IHS System Affiliates: (i) Mobile Infirmary Medical Center located at 5 Mobile Infirmary Circle (near Springhill and Louiselle Avenues), in Mobile, Alabama, (ii) Thomas Hospital, located at 750 Morphy Avenue in Fairhope, Alabama, (iii) Thomas Medical Center located at 27961 U.S. Highway 98 in Daphne, Alabama, (iv) North Baldwin Infirmary located at 1815 Hand Avenue in Bay Minette, Alabama, (v) Infirmary Eastern Shore Outpatient Center located at 7101 Highway 90 in Daphne, Alabama, and (vi) Knollwood Hospitals located at 5600 Girby Road and 5644 Girby Road in Mobile, Alabama; and WHEREAS, the proceeds of the Bonds will be used to refund certain outstanding debt or bonds of the IHS System Affiliates, including (i) a loan obtained by Gulf Health to retire debt incurred with respect to Thomas Hospital and (ii) $22,500,000 principal amount of ALAHA Program Revenue Bonds, Series 2003-A (Gulf Health Hospitals, Inc.) issued by the ALAHA Special Care Facilities Financing Authority of the City of Montgomery to provide financing for a hospital expansion and improvement project at North Baldwin Infirmary. In addition, proceeds of the Bonds will be used to pay the costs of renovating, expanding or improving the hospital and clinic buildings for the System Facilities and acquiring and installing medical equipment, information systems, and furnishings for the System Facilities, including without limitation (i) a new bed tower and related building renovations and improvements at Thomas Hospital, (ii) renovations and improvements to the hospital buildings at Knollwood Hospital, and (iii) medical equipment, information systems and furnishings for these projects; and WHEREAS, the proceeds of the Bonds will be loaned to one or more of the IHS System Affiliates pursuant to one or more loan agreements between the Authority and IHS System Affiliates. The loan agreements will provide for loan payments by one or more of the IHS System Affiliates in amounts sufficient to pay debt service on the Bonds when due. The Bonds will be limited obligations of the Authority and will be payable solely from the loan payments by the IHS System Affiliates to the Authority. The Bonds will not be general obligations of the Authority and will not in any way constitute a debt, liability or obligation of the State of Alabama or any political subdivision of the State of Alabama, including without limitation the political subdivisions holding the hearings described above or the political subdivisions where the System Facilities are located. The Bonds will not be payable from any tax revenues; and WHEREAS, a public hearing concerning the proposed issuance of the Bonds was held in Council Chambers at City Hall, 161 N. Section Street in the City of Fairhope at 5:30 p.m. on Monday, February 13; notice of such hearing was given by publication in The Mobile Press Register on January 23, 2006, and such hearing provided an opportunity for persons with different views on the proposed issuance of the Bonds and the location and nature of the bond -financed facilities to express their views, both orally and in writing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that they hereby approve (i) the issuance of the Bonds to finance improvements and additions to and equipment for Thomas Hospital and (ii) the location and nature of the System Facilities in the City of Fairhope, Alabama, in accordance with the foregoing proposal of the Authority. APPROVED AND ADOPTED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, this 13TH day of February 13, 2006. A WU,, 0K. 0,05 1 66M 3759 13 February 2006 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 Southern Light, LLC for attachments of fiber optic cables amplifiers and associated equipment for the distribution of optical communication signals. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 1268-06 WHEREAS, Southern Light proposes to deliver fiber optic communication service to customers in Fairhope, Alabama, and will need to erect and maintain aerial cables, wires and associated appliances throughout the area to be served, and desires to attach certain cables, wires and appliances to poles of the City of Fairhope; and, WHEREAS, the City of Fairhope is willing to permit, to the extent that it may do so lawfully and consistent with its mortgage or indenture, the attachment of said cables, wires and appliances to its poles if, in its judgment, such use will not interfere with its own service requirements, including considerations of economy and safety, and if the City of Fairhope is protected and indemnified against costs to it arising from such use. WHEREAS, Southern Light shall be governed by an agreement for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals, and all city ordinances, rules, police etc, and any state law. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant is authorized to execute an agreement between the City of Fairhope and Southern Light, LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. Southern Light shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental at the rate of $16.50 per pole per year. Said rental shall be payable annually, in advance, on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. ADOPTED THIS DAY THE 131h DAY OF February 2006. 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 Open Systems International (OSI) for the repair and software upgrade for the SCADA Server. The total cost of this project is $21,900.00. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 13 February 2006 RESOLUTION NO. 1269-06 3760 WHEREAS, Open Systems International, Inc. (OSI) and the City of Fairhope, Fairhope, Alabama, enter into an agreement to provide engineering services for the repair and software upgrade for the SCADA Server; and, WHEREAS, the following terms and conditions apply to this agreement: 1. Payment milestones are 100% upon project completion. 2. The hardware integration fee will be applied if OSI encounters any technical difficulties with the Customer Furnished Equipment. The City of Fairhope will install all operating systems. OSI will work with Fairhope to determine proper IP address and registries. 3. Travel, if required, will be billed at cost plus 15% and will not exceed $2,000.00. 4. The work is subject to availability and will be scheduled upon receipt of signed agreements. 5. Project implementation will not exceed $21,900.00. 6. All hardware will be provided by the City of Fairhope, Alabama. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute an agreement between the City of Fairhope and Open Systems International (OSI) for the repair and software upgrade for the SCADA Server. Total cost of this project is $21,900.00. Adopted this 13`h day of February. 2006. Attest: Geniece W. Johnson, y e Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution pledging the City of Fairhope's desire to work with Baldwin County in the desire to secure a referendum of the people in Districts 14 and 17 to protect the City's Comprehensive Plan for the future. Seconded by Councilmember Stankoski, motion passed unanimously. Councilmember Christenberry stated that the Baldwin County Commission needs our help in getting a petition of 10% of the property owners from both District 14 and District 17. The property owners must also be registered voters. Once Adrian Johns, Baldwin County Probate Judge, certifies the petition of 10% property owners, then a referendum will be held in both Districts to decide on zoning in these areas. Council President Gentle stated that on October 10, 2005, at the regular City Council meeting, the Council authorized Mayor Kant to write a letter to the Baldwin County Commission in favor and full support of the County creating a new district, District 17. The letter was written on October 14, 2005. Councilmember Christenberry stated that this just solidifies this one step. 13 February 2006 Resolution No. 1270-06 3761 WHEREAS, the City of Fairhope is determined to maintain the integrity of our Comprehensive Plan as we continue to rapidly expand our population and newly annexed areas; and, WHEREAS, the City of Fairhope commend and endorse the citizen effort to create zoning in District 17 with the knowledge that nearly all of this area falls under the City of Fairhope's Master Comprehensive Plan for future growth in our City; and WHEREAS, the City of Fairhope wishes to work closely with the Baldwin County Commission and the Planning and Zoning Commission of Baldwin County when zoning District 17 is created by a referendum of the people to maintain the integrity of the City of Fairhope's Master Comprehensive Plan; and, WHEREAS, we also request that the County seriously consider the proposed section of current District 14 for addition to District 17 for the same purpose as listed above; and, THEREFORE BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that we pledge our trust and support to the efforts of creating District 17 and current District 14 for addition to District 17 in the hope that we can work together as we grow for the best of all concerned. Councilmember Christenberry made a motion to use a consent agenda for items 11 — 16, resolutions approving appropriations for the following: Item # 11 - $ 5,000.00 — Eastern Shore Art Center for the Arts Bridging Creativity Program. Item # 12 - $10,000.00 — Baldwin County Economic Development Alliance ending 2010. Item # 13 - $10,000.00 — Ecumenical Ministries Inc., of Fairhope. Item # 14 - $15,000.00 — South Alabama Regional Planning Commission for the Clean Cities of Lower Alabama. Item # 15 - $30,000.00 — Fairhope Rotary Boys and Girls Club Item # 16 - $35,000.00 — Blueprint for Tomorrow Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn introduced in writing and moved for the adoption of the following resolutions, resolutions granting appropriations to the entities listed above. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 13 February 2006 RESOLUTION NO. 1271-06 3762 WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern Shore Art Center for contract funding for the Arts Bridging Creativity (ABC) program in the amount of $5,000.00; and, WHEREAS, this program has expanded from the Fairhope K-1 Center to the Fairhope Elementary, Intermediate, and Middle School, and due to the demand for this program, additional funding is necessary; and, WHEREAS, the term of said contract shall be for one year, beginning 1 October 2005 and ending 30 September 2006, but the contract shall be cancelled at any time upon notice; and, WHEREAS, payment shall be made quarterly in the amount of $416.76 from the three Utility Funds of the City of Fairhope. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to sign a contract between the City of Fairhope and the Eastern Shore Art Center for funds to supplement the coordinator's salary and program expenses associated with the Arts Bridging Creativity Program. ADOPTED this 13th day of February , 2006. Ti by M. jant, M or ATTEST: eniece W. Johnson, City C k RESOLUTION NO. 1272-06 STATE OF ALABAMA COUNTY OF BALDWIN CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES THIS INDENTURE is made and entered into between the CITY OF FAIRHOPE, ALABAMA (hereinafter referred to as CITY) and the BALDWIN COUNTY ECONOMIC DEVELOPMENT ALLIANCE, INC., a private, non-profit corporation, (hereinafter referred to as ALLIANCE); WITNESSETH WHEREAS, the CITY has determined that the welfare of the CITY'S citizens requires a healthy, diverse economy; and WHEREAS, the ALLIANCE has started a new five year economic development strategy; and WHEREAS, the ALLIANCE has developed a $3 million budget for its five year program to be funded by a public/private partnership. 3763 13 February 2006 NOW, THEREFORE, the CITY expresses its support for the development plans of the ALLIANCE and authorizes its Mayor to execute an agreement with the ALLIANCE for good and valuable considerations, the receipt and sufficiency whereof are hereby acknowledged, the parties hereto do AGREE as follows: The term of this agreement shall begin upon the execution hereof and provide an extension of the agreement through September 301h, 2010. The CITY's fiscal year runs from September 301h to October 1S` of the succeeding year. During the fiscal year of the contract, CITY agrees to pay to the ALLIANCE for support of the ALLIANCE, contingent on appropriations of $10,000.00 per year, for the fiscal years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10. The ALLIANCE shall perform the following services in conjunction with and for the benefit of the CITY, to -wit: 1) To Provide and administer economic development and workforce development services for the CITY. To seek, discover and endeavor to attract and promote new and expanding business and industrial prospects within Baldwin County, Alabama and to create new jobs and employment, and economic improvements and expansion for the benefit of the citizens of Baldwin County, Alabama, 2) To gather, keep updated, research and distribute information and data to be used as advertisements and presentations to general and specific business and industrial prospects, 4) To develop and secure tools of the trade such as maps, charts, photos, topos, briefing facilities, brochures, reports, etc., necessary and required to adequately promote new and expanding business and industry, 5) To work with existing businesses and industries for expansions, problem solving, counseling and other services pertinent to their expansion, 6) To work for the mutual economic and industrial development of the CITY and pursuant thereto to maintain contact, cooperate and work closely with other agencies and organizations with similar purposes such as: Alabama Department of Economic and Community Affairs/Alabama Development Office; Industrial Development Departments of Public and Private Utilities; Local, Area and Regional Planning and Development Agencies; Highway, Air and Water Transportation Development organizations; and all other groups, organizations, agencies and individuals pertinent to the purposes stated herein, 7) To implement a public/private partnership program for economic development and workforce development in Baldwin County, Alabama, 8) To recruit new economic development investment. 4. Notwithstanding any of the provisions of this AGREEMENT, it is understood and agreed that the CITY has no financial interest in the business of the ALLIANCE and shall not be liable for any debts or obligations incurred by the ALLIANCE, nor shall the CITY be deemed or construed to be a partner, joint venture or otherwise interested in the assets of the ALLIANCE, or profits earned or derived by the ALLIANCE, nor shall the ALLIANCE at any time or times use the name or credit of the CITY in purchasing, or attempting to purchase equipment, supplies or other things whatsoever. 3764 13 February 2006 The ALLIANCE, in the performance of its duties, responsibilities and obligations hereunder, shall not be deemed to be an agent of the CITY but shall take all steps at its own expense, as the CITY may from time to time request, to indicate and assure that it is an independent contractor. The CITY does not, and will not, assume any responsibility for the means which, or manner in which, services by the ALLIANCE, provided for herein, are performed, but on the contrary, the ALLIANCE shall be wholly responsible therefore. The ALLIANCE shall not transfer or assign this AGREEMENT or any of the rights or privileges granted herein without the prior written consent of the CITY, the ALLIANCE shall comply strictly with all the laws of Baldwin County, Alabama, the State of Alabama, the United States of America and all the rules and regulations of all applicable agencies thereof. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a contract between the CITY OF FAIRHOPE and BALDWIN COUNTY ECONOMIC DEVELOPMENT ALLIANCE, INC., to perform services in conjunction with and for the benefit of the City. The term of this contract will be for five years, ending September 30`h 2010. Adopted This 131h RESOLUTION NO. 1273-06 WHEREAS, in Fairhope, Alabama, Ecumenical Ministries Incorporated (EMI) is a public, non-profit, non- denominational, United Way social service agency; and, WHEREAS, EMI's mission is to improve the quality of life in Baldwin County by meeting basic needs, encouraging personal growth, effecting social and economic justice and celebrate our common life; and, WHEREAS, EMI provide services to the socio-economic and those in crisis situations and have no place to turn for help on the Eastern Shore, including Fairhope and South Baldwin County. The services rendered include: • Emergency Aid — Direct assistance for medical, food, utilities, rent, clothing, child care, transportation and other emergency needs. • Meals on Wheels (MOW'S) — Volunteer's deliver nutritious, warm meals six days a week. Meals are subsidized based on need and funding — Fairhope area has nine routes. • Home Repair — These projects include plumbing, electrical work, rebuilding floors, installing windows and doors, roofing, building wheelchair ramps and more. This program is for the elderly and disabled. • Food Pantry — Our pantries provide a week's supply of food based on the size of the family and their situation. 3765 13 February 2006 • Prescription Assistance — This program allows under -insured and non-insured persons to receive life sustaining medications at reduced or no cost through pharmaceutical companies indigent care program. EMI also provide prescription assistance through the Ozanam Charitable Pharmacy in Mobile. • Church -based Community Organizing — This program empowers poor and moderate income families to participate effectively in our democratic system and allow community members the opportunity to address the issues affecting their lives: paved streets, lighting, sewage, recreation and drainage. • EMMY'S Thrift Shop — Through our emergency aid center vouchers are given at no cost. With these vouchers, people can receive such items as appliances, furniture, clothing, etc. WHEREAS, Ecumenical Ministries Incorporated has served Fairhope residents since 1969 on a continuous basis and successfully demonstrated the capacity to operate a neighborhood based on social service agency improving countless lives; and, WHEREAS, Ecumenical Ministries support for 2005 -2006 fiscal year will provide for two new programs. The first is a Housing Counseling Agency which offers budget counseling classes, credit repair/building classes, assistance with down payment program applications etc.. The second is a pilot program for the South Alabama Regional Planning Commission, Area Agency on Aging involving a nutritional supplement program for Baldwin County. This program provides ensure to individuals 60 years of age and over who are medically prescribed this liquid supplement and meet the income eligibility for this program. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy Kant is hereby authorized to establish a contract for services between the City of Fairhope and Ecumenical Ministries Incorporated to appropriate the sum of $10,000.00 to be used for the needs of Fairhope residents. APPROVED THIS THE 131h DAY OF FebruaEy 2006. ATTEST• eniece W. Johnson, City rk RESOLUTION NO. 1274-06 WHEREAS, the Clean Cities steering committee will encourage clean fuels for use in the public and private transportation sector in south Alabama. In supporting this initiative, the committee will be making a positive contribution to environmental quality, business growth and energy independence. Committee goals will include: I. Supporting the use of all clean fuels and assisting in encouraging their use through personal and business contacts. 2. Assisting the efforts of the Clean Cities coordinator to seek grant or foundation funding to support the growth of the Clean Cities program. 3. Providing feedback and input to the Clean Cities program plan which is being prepared for submittal to the U.S. Department of Energy. 3766 13 February 2006 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy Kant is hereby authorized to establish a contract for services between the City of Fairhope and South Alabama Regional Planning Commission to appropriate the sum of $15,000.00 to be used for the Clean Cities of Lower Alabama program. . APPROVED THIS THE 13`' DAY OF Februaly 2006. ATTEST: Geniece W. Johnson, City C1 RESOLUTION NO. 1275-06 U WHEREAS, a contract shall be executed between the City of Fairhope and the Boys' and Girls' Club of Fairhope, making an appropriation of $30,000.00 WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2005 and ending 30 September 2006; but the contract shall be cancelled at any time upon notice. WHEREAS, payment shall be made quarterly in the amount of $2,500 from the three Utility Funds of the City of Fairhope. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to sign a contract between the City of Fairhope and the Boys' and Girls' Club of Fairhope. DULY ADOPTED THIS 131h DAY OF February, 2006. Attest eniece W. Johnson, City C RESOLUTION NO. 1276-06 WHEREAS, Blueprint for Tomorrow is a bond, community —wide five year initiative which establishes a public -private partnership to guide and stimulate the economic growth of the Eastern Shore. Developed by over one hundred key corporate and community leasers, with input from other concerned groups, this comprehensive program is a bold effort to bring our private corporate leadership together with our local elected officials for the good of our community. 3767 13 February 2006 WHEREAS, The mission of Blueprint for Tomorrow is to enhance the area's economic development, education, transportation/infrastructure, tourism, governmental affairs and environment by providing leadership in defining and addressing our community's needs and opportunities. Blueprint for Tomorrow will enable businesses to work cooperatively with the cities of Daphne, Fairhope, Spanish Fort and Baldwin County to develop and implement dynamic new programs that will enable us to take charge of our economic destiny. WHEREAS, the goal for Blueprint for Tomorrow is $1,250,000 over the next five years. Each of the volunteers in this campaign has already made a substantial commitment of his time, energy and financial resources to the success of this initiative. Blueprint for Tomorrow urge you to join us in this important program because economic and community development are truly everyone's job. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the City of Fairhope will pledge $35,000.00 per year to Blueprint for Tomorrow beginning in 2006 and extending through 2010.... a total commitment of $175,000.00 over the next five years. The City of Fairhope pledge will be a sound business investment in the economic growth of the Eastern Shore. Doris Hearn with the Baldwin County Board of Registrars was not present; therefore, Mayor Kant addressed the Council on her behalf. Mayor Kant informed the public of voting for the June 6, 2006 Primary Election. He further stated that inactive voters need to update their voter's registration immediately. Councilmember Ford moved to grant Change Order Request # 1 for Gulf Equipment Corporation of Theodore, Alabama, for the Emergency Repairs to Box Culvert on North Section Street, by increasing the contract by $55,478.30. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford moved to reschedule the next regular City Council meeting from Monday, February 271h to Monday, February 201h, due to Mardi Gras Parade, and reschedule the first regular City Council meeting in March 2006 from Monday, March 13`h to Thursday, March 9`h, due to National League of Cities Conference. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 13 February 2006 3768 DID TABULATION Utility Relocation. for Dailey CreelcBridge Replacement on C.R. 98 Palrhope Public Utilities Thompson Engineering Project:05.4010-0009 mm�l;R Constmetion labor Services, lae. 2150 Old Government Street Mobile, Alabama 36606 6ama Boring - 7637 Tara Drive Mobile, Alabama 36619 eoyington Pipeline Construction. 59318 State Hwy 59 Stockton, Alabama 36579 UNITPRICE TOTAL UNIT PRICEUNITPRICE TOTAL TOTAL 589.3 535:7 ,378320.0"2 $03.38 338958AE 5120.00 $47,520. 5,512N"2 I1, 7,125.151 14,250.3C i 4,000.D0 li'mo. 1,418.35134 6:8 1,540.67 123253 1,500.00 12,000.000 91,161.94 103.36 39,586.89 120.00 45,960.00 136.330.17 148.03 7,253A 00.00 4,410. 1,662.943 32 1,815.80 14 526.A 1,800.00 14,400.100,8D9.2 113.06 39,457.9 90.00 31,41096.328.64 66.47 4,49e.4.1 90.00 4,680.0 1,120,000.0 1,200.07 9,600.5 1,200.00 9,600.0,I 11.200.0 13.01 5,?04. 15.00 6,000.01 412 1;236. 5.00 1,121.0 .. 10.W '7 WU.0 S.BD 290. 10,5D 525.0 20.00 1,000. 1,17D,40 385.2 645.00 3225 4,000:00 2,000. 1,170.40 5 5.2 645.00 3 2.. 4,00OX01 2,0 St 67779.4111 $188356.81 St9I 980. 00 This is to certify that this is a tnie and correct copy ofthe bids submitted to Pairhope Public Utilities, Y Ii D m PF 4 n Pairhope, Alabama, and that no other bids were received. 'fhompso rpineelingalalbnaL 3MISi. na e, �N 1 1'i/ l 701.070.2880 W+.1251,a70.2881 tm i � .• IV0.2't':f3 PROFESSIONAL ; I` ION Councilmember Councilmember Quinn moved to accept the low bid of Construction Labor Services, Inc., of Mobile, Alabama, for the relocation for Bailey Creek Bridge Replacement on Scenic Highway 98, provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 13 February 2006 Councilmember Ford moved to accept the state bid for a Kubota Commercial Mower for the Recreation Department in the amount of $9,890.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This will be paid for by the General Operating Fund. 13 February 2006 January 25, 2006 3769 The Fairhope Civic Center is in need of purchasing new chairs and tables. Many of the tables and chairs are in disrepair having been purchased for the Civic Center when it first opened. The State of Alabama presently has tables and chairs on the State of Alabama Bid Contract Number: T390, T181 4008414. The following items are requested for purchase: • 1,000 Chairs, Square Cranberry color Retail: $132.19 Bid Price: $57.63 • 60 Tables 30" x 8' Gray Rectangular Retail: $315.81 Bid Price: $140.95 Total price for tables and chairs, including freight, will be $68,487.00. Fund to purchase tables and chairs will come from the GOW 2002 Interest Account per Nancy Wilson. Wayne Smith, Purchasing Agent Councilmember Quinn moved to accept the state bid for 1000 chairs and 60 tables for the Civic Center in the amount of $68,487.00. Seconded by Councilmember Ford, motion passed unanimously by voice vote. This will be funded by the GOW 2002 Interest monies. Mayor Kant exited the dias at 6:48 p.m. Councilmember Christenberry moved to pay bill as presented. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Marion Wynne, City Attorney, exited the dias at 6:50 p.m. There being no further business to come be r the City Council the meeting was duly adjourned at 6:58 p.m. Robert C. Gentle, Council President Tyr D. Hos ins, City Clerk Assistant