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Home My WebLink About08-28-2006 Regular Meeting'1: 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, 28 August 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 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 Rev. F. Stuart Shelby with St James Episcopal Church, City Clerk, gave the invocation. Councilmember Quinn moved to approve minutes of the 14 August 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Mayor's Comments and Staff Reports: • Dan McCrory, Water/Sewer Superintendent addressed the City Council and explained that the Alabama Water and Pollution Control Association awarded the Wastewater Plant with the 2006 Award of Excellence for a mechanical wastewater treatment plant that processes 2.6 to 5.0 million gallons of water per day. Mr. McCrory also commended and thanked the employees that work at the wastewater treatment plant. • Dan McCrory also explained to the City Council that the Water/Sewer and Electric Departments are working to install more sewer services and install underground power within certain area of Montrose. • James Gillespie, Administrative Superintendent addressed the City Council to explain that the City of Fairhope will receive a rebate on the City's Electric bill Fuel adjustment portion of the City's Electrical cost. This rebate will be passed on to the Fairhope electric customers during the month of September 2006. • Rose Fogarty and Nancy Wilson Accounting Department presented the following power point presentation: 3909 28 August 2006 CITY OF FAIRHOPE CITY COUNCIL MEETING AUGUST 28, 2006 SUMMARY FINANCIAL REPORTS TEN MONTHS ENDED 7/31 /2006 Slide 1 GASFUND 16 MONTN. 10 NO.10 NCRlA.. mom ENDED PfCRINSE) 7n," 7U1N1 ft—,AIS 3.131,173 ]AID.OID N.,1N COST OF ENMGY 3,704,N6 2A33.S12 SN.SN OPff— - ENL10rOTRANNM. 2.312.W! 2,3732M N.3N TOTALCO.TNMFEN.! $,ITT— /A11,1N EMNNO. Rn..) n1,Tm Slide 3 WATER/SEWER FUND I.=." t. ONTN. E+ORAN mom Tn1N. mom IDmRA10 1.1m REVmu.a 1,.1..2 .,17.,721 612A11 COST Of ENERGY 423,312 376,051 47.231 OVEN.FA - 3OwD.NOTRA+RFEu 3.P1J11 a.N1,237 (232.571) TOTAL COSTI1CPE31Y 1,N2.0M 3..2T.3N EAINNNOSILON) 1,3n,O4 Slide 5 ALL FUNDS IOrONTNIS I.—TXS .NfJrAN ■NDm mom (DWRA3U TnIM 113— REVENUES tMID76 3TA87A09 .AD.ON tlPEM.E. 32ASO.— NOW'S 6xS.— MISS RMNUE I •i OM(I)MV—)SPENEE 1.71.1.63 Slide 7 GENERALFUND 10 -- 10 roNT. rmRAN mom ONDm (D.fJRAN) Mim 7n+r. RNEMNE. 1AAN,Ns u.SID.eYY N32N 1Nnnua,rul3nrTuxmq EPmSSS 132.7A.1 12.603.50+ 2.323A57 ENCEN .!VENUE OWN (UMM)EXFENN (413,05) Slide 2 ELECTRIC FUND 10 MONTHS 10 MONTHS rNCIRAN ■mm ENOVO (O.DwA3D 1131M 1n1N1 RINNOd 11,5K.2 COST Of "MOY 7,215.700 3.703.549 1,120.1N ETPm.ES - .NtL11DrGnANRrR. 3.iNO,N3 31NAN (2N,4+1) TOTALCOSTNOPENSS 11,123.333 ..N'A3. EMMNOS S m) WAN fide 4 GOLF FUND +0 YONTIN 1. YO 10 .NCIR AS eNom eNom NEDREAIU m1M Tn1N1 REYlMN. 1,ZN2TJ t,P11 Ale VIA. OPENNS 1.2NAN 1.073,399 1.7,3M SAIINWGS(LOSS) 3SA3. Slide 6 CASH BALANCE COMPARISON AT JULY 31, 2006 CIAH—T FNOOR No. MNM YEAR 7nlam 03NMN TMrsOs OENMAL FUND 1,717.w 2.061,1011 GN FUND N],012 SM,31S 117AN RECTRD FUND 2A31.132 2.125,M 2731A36 WATER FUND 1,M.332 4,114,1197 42C2.— GOV FUND 123AW 1M232 2M.1. O TMFUND 299203 MAN 212,36+ CAM PROJECTS(IWWM LNINIMY PROJECT ACCOUNT) 313,11. 1001017 N9,73/ TOTAL -ALL —as 14,113,3M 10.731.I031 11,3o0,130 WO -CS 1,.30A26 I.MAO 1,N7.N3 WARRANT FUND. N.,121 690230 1.942.e70 SA CIS IS CLUONG S.NONG MO WMIUNT FUNOS 1,W,NS 3,]1S,]22 Slide 8 I , t 3910 28 August 2006 Sherry Sullivan addressed the City Council to present a plaque and to thank the Welcome Center Ambassador Roy Bahringer for his dedicated services. Mr. Bahringer has volunteered as an ambassador at the City Welcome Center since the center opened in 1993. Councilmember Christenberry moved for final adoption of Ordinance No. 1312 repealing Ordinance No. 1047 - Towing and Recovery Rotation Ordinance (Introduced at the July 10, 2006 and August 14, 2006 meeting). Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Christenberry moved for final adoption of Ordinance No. 1313 limiting the use of red soil or clays, which are utilized in or on a site, in specified areas, which are at risk of contaminating watersheds. (Introduced at the Augustl4, 2006 meeting). Seconded by Councilmember Quinn. Councilmember Ford expressed that the City should look at this ordinance closely, and stated that the areas causing problems in the Mobile Bay are not the flood prone areas. Councilmember Ford further stated that the real culprits for causing red clay problems in the Mobile Bay are governmental entries not the private sector. Councilmember Stankoski expressed that this ordinance is putting the burden on the individual people who already have problems. However, we want to protect the environment and the big enemy is us. After further discussion, the motion for final adoption passed by the following votes: AYE -Quinn, Christenberry, and Gentle. NAY- Stankoski, and Ford Rose Fogarty presented the following power point presentation of the Budget Adjustments for FY 2005-206. 3912 28 August 2006 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution approving the Budget Adjustment for FY 2005-2006 as presented. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1308-06 BE IT FURTHER RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the Amended Budget Presented and reviewed this 281h day of August 2006, be hereby approved and adopted for FY 2005-2006; and ADOPTED THIS 28th DAY OF August , 2006. ATTEST: Geniece W. Johnson, C' erk Councilmember Quinn 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 The Magnolia Subdivision for maintenance. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1309-06 WHEREAS, the Owners of The Magnolias Subdivision 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 2278D, 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; 3911 28 August 2006 1 BUDGET ADJUSTMENTS FISCAL YEAR ENDING SEPTEMBER 30, 2006 GENERALFUND BUDGET REVENUES 15.90.354 EXPENSES 15,937,611 EXCESS REVENUE OVER (UNDER) EXPENSES 57,743 BUDGET ADJUSTMENTS REVENUES 1,800,997 EXPENSES 2,602,350 EXCESS REVENUE OVER (UNDER) EXPENSES (601,353) PROPOSED AMENDED BUDGET REVENUES 17,788,351 EXPENSES 18.538.R61 EXCESS REVENUE OVER (UNDER) EXPENSES (743,610) I Slide 2 GAS FUND BUDGET REVENUES 6,728,517 EXPENSES 6.447.565 EARNINGS FROM OPERATIONS 290,929 BUDGET ADJUSTMENTS REVENUES 351.370 EXPENSES 479.056 EARNINGS FROM OPERATIONS (117,N0) EROPOSEO0ET AMENDEDB00 REVENUES 7,089,887 EXPENSES 6,926.M EARNINGS FROM OPERATIONS 163,241 ELECTRIC FUND BUDGET REVENUES 12,416,984 EXPENSES 12.296.410 EARNINGS FROM OPERATIONS 120,574 BUDGET ADJUSTMENTS REVENUES 2,388,173 EXPENSES 1,941.120 EARNINGS FROM OPERATIONS 428.053 PROPOSED AMENDED BUDGET REVENUES 14,788,157 EXPENSES 14,237,530 EARNINGS FROM OPERATIONS 646,627 Slide 3 Slide 4 WATER/SEWER FUND ME REVENUES 7,41S,338 EXPENSES 8815.460 EARNINGS FROM OPERATIONS 603,376 BUDGET ADJUSTMENTS REVENUES 990.311 EXPENSES 549,124 EARNINGS FROM OPERATIONS 421.167 PROPOSED AMENDED BUDGET REVENUES 6.406, 150 EXPENSES 7.1 N.584 EARNINGS FROM OPERATIONS 1,224,666 GOLF FUND RU22raREVENr REVENUES 1,380,580 EXPENSES 1,358,220 EARNINGS FROM OPERATIONS 2.M BUDGET ADJUSTMENTS REVENUES 10,813 EXPENSES 131,402 EARNINGS FROM OPERATIONS K411 PROPOSED AMENDED BUDGET REVENUES 1,518,303 EXPENSES 1.18R.822 EARNINGS FROM OPERATIONS 26,771 Slide 5 Slide 6 COMBINED GENERAL AND PROPRIETARY FUNDS BUDGETAMENDMENTS FISCAL YEAR ENDING SEPTEMBER 30,2006 BSID9IL REVENUES I I N,S311274 EXPENSES !?.9723Qfl EARNINGS FROM OPERATIONS 1,2M,M5 BUDOET ADJUSTMENTS REVENUES 5,577,564 ' EXPENSES 0.IT2.4'FS EARNINGS FROM OPERATIONS (44,M0) PBOP05lD Y W D!D SUDGlT REVENUER 46,567,535 EIPEN8E8 }8.318.M3 EARNINGS FROM OPERATIONS 1RIE,RO UTILITY CAPRAL IN TMENT- FMCAL 2MN: $3.1 MILLION DISASTER PAYMENTSIREIMBURSEMENTS FISCAL YEARS ENDED 2005 AND 2006 am no COY61NlD FEMA REIMBURSEMENTS 3,895,560 1,614,N4 5,510,444 NRCS WATERSHED PROTECTION 4), 2131068 213,068 TOTAL REIMBURSEMENTS. NATURAL DISASTERS 3.895,560 3,464.647 6,561,835 NATURAL DISASTER EXPENSE 3,077,2110 3,484,647 6,561,935 TOTAL REIMBURSEMENTS OVER(UNDER)EXPENSES 818.271 (1,858,BB5) (638,423) Slide 7 Slide 8 3913 28 August 2006 WHEREAS, the Public Works Director 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, all areas within the right-of-way of the Magnolia's subdivision that have brick pavers as the roadway surface, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of The Magnolias Subdivision maintenance bonds for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for The Magnolias Subdivision are hereby accepted for public maintenance subject to the bond posted. ADOPTED THIS 28th DAY OF August , 2006. City Council reviewed an application for a Beer/Wine On/Off Premises License by Woody's Bar B Q Express/Michael Deen Maxwell, located at 365 S. Greeno Rd., Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Paul Loefler with the American Legion addressed the City Council requesting the City to Sponsor the Veterans' Day Parade on Saturday, November 11, 2006 at 4 p.m. Councilmember, Christenberry moved to grant the. request. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. t Councilmember Stankoski moved to update the Reserve Police Officers List by removing the following persons: Brian Payne, Doug Proctor, Jeris King, Jesse Villa, Jessica Wilson, Rick Lawton, Eric Hayes, Wayne Robinson, Chris Boyington, Kelvin Tolbert, and Glen McClean. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. k1lu 28 August 2006 Councilmember Ford addressed the City Council requesting funds from the Recreation Capital Improvement Fund in the amount of $5,600.00 for resurfacing the track at Volanta Municipal Stadium. The total cost of this project will be $19,600.00. The Fairhope High School will pay the balance of $14,000.00. Councilmember Quinn moved to approve the expenditure. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford read the following letter regarding the calling of meeting. August 18, 2006 Bob Gentle, Chairman Fairhope City Council P.O. Box 429 Fairhope, AL. 36532 Dear Mr. Gentle: We would like to bring to your attention a situation that recently occurred where we were informed of a skateboard meeting held Tuesday night August 15, at the Recreation Board meeting on Wednesday, August 16, 2006. We would like to request in the future any concerns regarding the Recreation Board i.e. including meetings, programs, facilities please invite the Recreation Board members to be present and participate. We hope this will correct the oversight in the future. Sincerely, Charlie Langham, Chairman Fairhope Recreation Board Council President Gentle stated that the issue of calling meetings was addressed at the Finance Meeting on Friday, August 25, 2006. All meetings must comply with the Open Meeting Law, and Council President Gentle must be notified of all meetings including meetings called by Mayor Kant. All meetings and notices will be handled in the proper manner. V CITY OF FAIRHOPE USDA NRCS EWPP AGREEMENT NO.: 69-4101-6-27 rage i o� � F2860\2568 W 110 LA CITY OF FAIRHOPE USDA NRCS EWPP AGREEMENT NO.: 69-4101-6-27 August, 2006 Page 2 of 2 F2860X2568 3917 28 August 2006 Councilmember Ford moved to accept the low bid of —Gulf Equipment Corporation, Grand Bay, Alabama, for labor and materials for NRCS EWP (Watershed) Project 69-4101-6-27 — Hurricane Katrina - $199,240.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Christenberry moved to accept the state bid for furniture and equipment for New Library - $568,272.02. Seconded by Councilmember Quinn. Councilmember Ford inquired about the amount of the bid amount, stating that a $900,00.00 quote was given at the Finance meeting on Friday, August 25, 2006. Betty Suddeth explained that $568,272.02 is a partial amount of the new library shelving. The amount requested at this time is for shelving. This amount does not include cabling and technology. Councilmember Ford also inquired of Mrs. Johnson if the City Council had approved the FF&E for the new library? According to Mrs. Johnson, the FF&E has not been approved individually, only the base bid for the shell has been approved. Council President Gentle explained that the FF&E was included in the 2 Million Dollars Line of Credit. The motion to accept the sate bid for the furniture and equipment for the New Library in the amount of $568,272.02 passed by the following vote: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -Ford. Council President Gentle asked the Library Committee to get together to nail down the actual figures for the New Library. A gala for the New Library will be held Saturday, September 16, 2006. Identification: "VACATE PROPERTY -OLD POST OFFICE" Bids to be received by: July 28, 2006 at: 10:00 a.m. The City is vacating an approximate 10' wide by 89.5' piece of property located on South Section Street located at the old post office in front of Greer's Food Store, Fairhope, Alabama. Only one (1) bid was received after advertising two (2) times in the Fairhope Courier and posting the bid on the City of Fairhope Website. I Bid received from COLONY SQUARE, LLC (Mr. Mike Bernhardt), for the amount of: $5,000.00. It is recommended to accept the bid offered by COLONY SQUARE, LLC for $5,000.00 . Wayne Smith, Purchasing Agent 3918 28 August 2006 Councilmember Ford moved to accept the bid for the sale of 10-foot strip of property of Lot 2 Clear Point Subdivision, which formerly housed the post office in downtown Fairhope across from Greer's Grocery Store. (76 South Section Street). Seconded by Councilmember Christenberry, m i passed unanimously by voice vote. There being no further business to com be ores the Ci'ouncil the meeting was duly adjourned at 6:37p.m. / Robert C. Gentle, Council President