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Home My WebLink About02-26-2007 Regular Meeting4082 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 Chambers, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 26 February 2007. Present were Council President Robert Gentle, Councilmember; 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 Councilmember Quinn, gave the invocation. Councilmember Stankoski moved to approve minutes of the 12 February 2007, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Council President Gentle recognized Boy Scout Eric Jensen. Mr. Jensen is a member of Troop 47 and is ranked as a Tender Foot. Mayor's Comments and Staff Reports: • Jennifer Fidler introduced Ken Eslava, the new Public Works Assistant • Rose Fogarty and Nancy Wilson Accounting Department presented the following power point presentation no action was taken: K1: 26 February 2007 CITY OF FAIRHOPE CITY COUNCIL MEETING FEBRUARY 26, 2007 SUMMARY FINANCIAL REPORTS FOUR MONTHS ENDED 1 /31 /2007 Slide I GAS FUND 1 MONTHS 1 MONTHaICAEASE ENDED ENDED NEMEAS4 1l]1N1 1/]1I0a REVENUES 2.50a.— ], IESS10 (Sfi5.02fi) COST OF ENERGY I.SB1,1. 2,422,161 EXPENSES- INCLUDINGTRANSFER$ MM B$9 910111 (5Al2) TOTAL COSTIEXPENSE EARNINGS (LOSS) ZAGS— 1J32,1.2 101,17E Slide 3 WATER/SEWER FUND 1 MONTHS 4MONTH EMX14f[ ENDED ENDED (DECREASE) L.— I. — REVENUES 2,111351 2.U2A78 (B5321) COST OF ENERGY 190.913 1.,331 411E. EXPENSES WCWDING IRAN$FERS 2d305 783 2 N2D27 2.156 TOTAL COSTIEXPENSE 2AB6.72B 2,182581 EARNINGS(LOSSI (111,116) Slide 5 ALL FUNDS 1 MONTHS (MONTHS NCREASE ENDED ENDED (DECREASE) 11]1M1 11]1825 REVENUES !%PEN SES 1],BB6.708 18,S1B.918 1.175.760 14A17.227 1-13,.13 (885,82E) EXCE33REVENUE OVER (UNDERI EXPENSE ],STEAD Slide 7 GENERALFUND 1 MONTHS 1 MONTHS MCIIEAE! ENDED ENDED (DECREASE) 1GIM1 11]110f REV !HUES 7.259.683 5.691 BBB 1.]81.]81 NauNNB UTAm iNANMUR EXPENSES IB23.350 5.0)8.851 (153.501) EXCESS REVENUE OVER (UNDER)EXPENSE E]]S,]1] Slide 2 ELECTRIC FUND 1 MONTHS (MONTHS ENDED ENDED (GECREAEEI 1131,G1 1.— REVENUES 5.265.110 4473,815 701265 COST OF ENERGY 2,3B1,618 2!52,133 (70.155) IE PENSES- INCLUDINGTNANKEeS 1628,922 1.555.— 73.132 TOTAL COSTROCPEN SE ID570 1,007.623 EARNINGS (LOBS) 1,251,510 Slide 4 GOLF FUND 1 MONTHS 1 MONTHS ENDED ENDED (DECREASE) 1131.1 1111M REVENUES 4".1. 112,121 (160IS) EXPENSES IBBS12 473.120 11,JB2 EARNINGS (LOSS) (0,701) Slide 6 CASH BALANCE COMPARISON AT JANUARY 31, 2007 CURRENT PRIOR MONTH PRIOR YEAR GENERALFUND tl]ID001 1L31D0E41 3.017,056 2, 142636 —.— 1385.500 OASFUND ELECTRIC FUND BB2,971 593 R1. 2,715,194 2.258 450 211,708 33185.E WATER FUND GOLF FUNO .11W 3978,191 1108D80 113,31E 4.260,458 322.270 OAS TAX FUND 2B6A87 279424 CAPITAL PROJECTS (INCLUDES LIBRARY PROJECT ACCOUNT) 349 215,331 257.100 M 3. TOTAL - ALL FUNDS 11.608.616 E,a11Rb 111812.3% &NNING FUNDS WARRANT FUNDS 1558.731 1.W.19B 666.1. 6,3.181 1.518222 1.180.805 BALANCES EXCLUDING SINNING AND WARRANT FUNDS Slide 8 MEI 26 February 2007 • Mayor Kant reminded the City Council of the Work Session scheduled for Friday, February 91h at 8:30 a.m. Councilmember Ford introduced in writing Ordinance No. 1328, an ordinance rescinding Ordinance No. 1190 the Airport Safety and Security Ordinance. 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 votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No. 1328. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE- AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution adopting the Incorporation of the Fairhope Airport Authority. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1353-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, APPROVING THE INCORPORATION OF THE FAIRHOPE AIRPORT AUTHORITY WHEREAS, Charles E. Bassett, Michael A. Ford and Charles R. Zunk (the "Incorporators") have filed with the City Council of the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama (the "City"), an application (the "Application") for permission to incorporate Fairhope Airport Authority as a public corporation pursuant to the provisions of Title 4, Chapter 3, Article 2 of the Code of Alabama, (1975), as the same may be amended from time to time (the "Act"); and WHEREAS, the Application includes a proposed form of a certificate of incorporation for said airport authority (the "Proposed Certificate"); and WHEREAS, the City Council of the City has reviewed the contents of the Application, including the Proposed Certificate; and WHEREAS, the City Council of the City has further determined that the form of the Proposed Certificate is appropriate and that it is in the best interest of the citizens of the City that said public corporation be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City, in a regular meeting of the City Council, that the allegations and statements of fact contained in the Application, heretofore filed with this Council are hereby found to be true and correct; that the Proposed Certificate is hereby approved and that the Incorporators are hereby authorized to proceed to incorporate and organize a public corporation under the provisions of the Act for the purpose of establishing an airport authority for the City. Adopted this the 261h day of February 2007 �r (TqimotM. Ka t, Mayo ATTEST- Geniece W. Johnson, City Cler 2". 26 February 2007 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution naming the Airport Authority and setting the terms. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1354-07 WHEREAS, the City of Fairhope (the "City") has provided for the establishment and operation of Fairhope Municipal Airport (the "Airport"); and WHEREAS, to provide for funding and operation of the Airport, the City Council of the City of Fairhope (the "City Council"), being the governing body of the City, has adopted Resolution No. 1353-07, to authorize the formation of Fairhope Airport Authority (the "Authority") as a public corporation; and WHEREAS, operation of the Airport was previously conducted by the Fairhope Airport Board, which was succeeded by the Fairhope Airport Authority, Inc. (together, the "Predecessor Operators"); WHEREAS, the City Council wishes to take certain actions to further the purposes of the Authority, including matters relating to the Predecessor Operators. NOW, THEREFORE, BE IT RESOLVED by the City Council, acting pursuant to § 4- 3-45 of the Code of Alabama (1975) upon nominations made by the Mayor of the City, hereby elects the following persons, at least five of whom reside in the City and all of whom reside in the Fairhope Police Jurisdiction, to serve as directors of the Authority: Name of Director Michael A. Ford Joe McEnerney Charles R. Zunk Louis E. Mapp Kenneth L. Knutsen Michael Baugh Charles E. Bassett Initial Term of Office Residence 2 years Fairhope 2 years Fairhope 4 years Fairhope 4 years Point Clear 4 years Point Clear 6 years Fairhope 6 years Fairhope FURTHER RESOLVED by the City Council, that the City shall, and hereby does, assign and set over to the Authority all properties, rights and entitlements of the Predecessor Operators under the control of the City, and that they hereby ratify and confirm all acts taken by the Predecessor Operators in connection with the Airport as acts by and for the benefit of the City, all of which acts shall be deemed by the City to be for all purposes as if taken by the Authority; and E1:e 26 February 2007 FURTHER RESOLVED by the City Council, that the representatives of any such Predecessor Operator, including persons named as directors and officers of such bodies, are hereby authorized and empowered to take any actions necessary or appropriate, as may be requested by the Authority to dissolve, wind up or take any other action to fully vest in the Authority all properties, rights, entitlements and obligations of the City and/or the Predecessor Operators relating to the Airport. FURTHER RESOLVED by the City Council, that Ordinance No. 1190 regarding safety and security procedures for the Airport, adopted by the City Council on October 27, 2003, is hereby rescinded, the subject matter thereof being addressed by the Authority. FURTHER RESOLVED by the City Council, that the foregoing resolutions shall become effective upon the incorporation of the Authority. Nominations made by the Mayor and Resolutions adopted by the City Council this the � to 1--- _C 1'%AA17 Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an annual contract between the City of Fairhope and D & DD, LP, Spring Texas for sludge removal and processing with four automatic annual renewals. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO: 1355-07 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant is hereby authorized to execute to execute an annual contract between the City of Fairhope and D & DD, LP, Spring Texas for sludge removal and processing with four automatic annual renewals. Adopted this the 261n daXof February 52007 y M\Kant, ATTES eniece W. Johnson, Gffy C erk ,M 26 February 2007 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to amend the duration to May 15, 2007, of said agreement between the City of Fairhope and Natural Resources Conservation Service (NRCS) for the purpose of completing the EMP (Watershed) Project — Hurricane Katrina NRCS Project NO. 69-4101-6-27. (City Council meetings: May 11, 2006 originated, Sept. 11, 2006 —extended duration to November 22, 2006). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO: 1356-07 WHEREAS, the City of Fairhope entered into an agreement with the NRCS (Natural Resources Conservation Service) on May 15, 2006, for the purpose of completing the EWP (Watershed) Project - Hurricane Katrina NRCS Project No. 69-4101-6-27. WHEREAS, This project is funded by a grant in the amount of $1,460,000.00. The City of Fairhope is responsible for 25 percent ($486,666.66) of the total estimated cost of implementing the emergency protection measures. WHEREAS, The Contractor commenced performance on this Contract on June 17, 2006 (one day after receiving the Notice to Proceed), and was unable to complete the performance to the satisfaction of Lands by the extended date of November 22, 2006. (Resolution No. 1314-06 September 11, 2006 City Council meeting) BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to amend the duration to May 15, 2007 of said agreement between the City of Fairhope and Natural Resources Conservation Service for the purpose of completing the EWP (Watershed) Project No. 69-4101-6-27. APPROVED THIS THE 26th DAY OF February , 2007. I, Geniece W. Johnson, duly appointed City Clerk of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1356-07 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 261n day of February 2007. Geniece W. Johnson, City Clerk Date 1.. 26 February 2007 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a Task Agreement between the City of Fairhope and Volkert & Associates, Inc. to provide engineering service for the installation of a Roundabout Intersection at Highway 104, Scenic Highway 98 and Section Street, and addition of turn lane at Highway 104 East and Highway 98. Councilmember Ford stated that he did not remember voting for a roundabout. Councilmember Gentle explained that Alabama Department of Transportation recommended a roundabout. Initially the roundabout would be installed and all traffic would have to use U.S. 104 or Main Street to exit downtown Fairhope. No East bound traffic would enter Veteran Drive (Section Street). However, the first phase of the development of the tri-angel (Village North PUD) causes for an ingress egress on to Veteran Drive. Therefore, motorists will be allowed to travel east on Veteran Drive to Highway 98 (Greeno Road), but the motorists will not be allowed to turn left on the Highway 98 ( Greeno Road). Seconded by Councilmember Christenberry, motion passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -Ford. RESOLUTION NO. 1357-07 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute Task Agreement No. 15 between the City of Fairhope and Volkert & Associates to provide engineer services for the roundabout intersection at Highway 104, Scenic Highway 98 and Section Street, and Intersection improvement at Highway 104 and Highway 98 (Greeno Road). Total project cost $77,700.00 plus Geotechnical by others $2,000.00, and Construction Observation $25,000.00. DULY ADOPTED THIS 26th DAY OF February , 2007. Councilmember Ford moved to appoint Louis Mapp to complete the term of Colton Coile. This term will end August 2009. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 26 February 2007 TABULATION & RECOMENDATION Identification: "SPORTS LIGHTING" Bids open on: February 6. 2007 at: 10:30 a.m. Lighting for New Tennis Courts and Ball Fields at Barnwell. DELIVERY TIME: VENDOR: MANUFACTURER: TOTAL MISC. PRICE: INFO: H.D. SUPPLY INC. Pensacola, FL American Electric Lighting $59,321.00 30-45 Days STUART C. IRBY CO. Pensacola, FL American Electric Lighting $61,373.67 28-42 Days MAYER ELECTRIC SUPPLY CO. Dothan, AL American Electric Lighting $62,039.18 45-Days UTILITY POWER, INC. Lighting: 4-6 FAIRHOPE, AL American Electric Lighting $64,732.00 Weeks Poles: 4-Weeks GRAYBAR ELECTRIC Mobile, AL Equal to American Electric $77,738.00 40-Days SOUTHCON Birmingham, AL NO RESPONSE UTILITY SYSTEMS SALES Birmingham, AL NO RESPONSE It is recommended to accept the low bid of H.D. SUPPLY, INC., Pensacola, FL. All specifications have been met. Aaron Norris, Electrical Supt. Wayne Smith, Purchasing Agent Councilmember Stankoski moved to accept the low bid of H.D. Supply, Inc., Pensacola, Florida, provided all specifications are met for lighting for the new tennis courts and ball fields at Barnwell. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This project is a part of the GOW 2007 Bond Issue. TABULATION & RECOMENDATION Identification:: "HEAVY DUTY FRONT MOWER — PUBLIC WORKS" Bids will be opened on: Feb. 8, 2007 at: 10:15 a.m Mower to replace an aged mower in Public Works. VENDOR: MANUFACTURER: PRICE: DELIVERY: FOLEY IMPLEMENT, Foley, AL John Deere Yr: 2007, Model: 997 $13,400.00 30-Days BEARD EQUIPMENT, Mobile, AL John Deere Yr. 2007, Mobile: 997 $14,717.02 30-Days JERRY PATE, Pensacola, FL NO BID BALDWIN TRACTOR, Robertsdale, AL NO BID DUTCHMAN'S LAWN & GARDEN, Foley, AL NO RESPONSE ROBERTSDALE POWER, Robertsdale, AL NO RESPONSE TOMBIGBEE EQUIPMENT, Demopolis, AL NO RESPONSE is recommended to accept the (low) bid from FOLEY IMPLEMENT, Foley, AL. All specifications have been met. Arthur Bosarge, Wayne Smith, Public Works Director Purchasing Agent .M 26 February 2007 Councilmember Ford moved to accept the low bid of Foley Implement, Foley, Alabama, provided all specifications are met for a heavy duty front mower. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. TABULATION & RECOMENDATION Identification:: "72 IN OUT FRONT MOWER — PUBLIC WORKS" Bids will be opened on: Feb. 8, 2007 at: 10:15 a.m !ER: OPTION (Canopy Price): PRICE: DELIVERY: lel:1435 2-Post Canopy $325.00 $14,961.00 30-Days lel:1435 4-Post Canopy $925.00 $14,961.00 30-Days rIONSNOTMET $1,271.00 $14,785.00 30-Days ESPONSE ESPONSE ESPONSE ESPONSE EQUIPMENT, Mobile, AL with the 4-Post Canopy. All specifications have been met. Arthur Bosarge, Wayne Smith, Assistant Director of Public Works Purchasing Agent FOLEYIMPLEMENT Foley Implement did not meet specifications. They bid a Gasoline Engine. Specifications called for a Diesel Engine. Councilmember Christenberry moved to accept the low bid of Beard Equipment, Mobile, Alabama, provided all specifications are met for a 72" Out -Front mower. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 4091 26 February 2007 TABULATION & RECOMENDATION Identification: "REPAIR METAL BUILDING— WATER DEPT" Bids open on: February 2. 2006 at: 10:15 a.m. Bid is for the repair of an existing metal vehicle storage building — Water/Sewer Dept. VENDOR: TOTAL PRICE FOR REPAIRS: REPAIR TIME IN DAYS: KEMKO, INC. $25,221.00 Start to 69 days Daphne, AL R & R CONSTRUCTION CO. $25,662.00 60-Days Theodore, AL M.W. ROGERS CONSTRUCTION, LLC $29,377.00 30-Days Mobile, AL S & S CONSTRUCTION, LLC SPECIFICATIONS Mobile, AL NOT MET It is recommended to accept the low bid of KEMKO, INC., Daphne, AL with all specifications being met. Dan McCrory, Water & Sewer Supt. S & S Construction, LLC did not meet the following specifications. Wayne Smith, Purchasing Agent • No Liability Documentation was returned as required within the bid packet when received. ■ No Workman's Compensation was returned. Specifications called for the return of documentation for all insurance within the bid form. Councilmember Quinn moved to accept the low bid of Kemko, Inc., Daphne, Alabama, provided all specifications are met for the repair metal building at warehouse, located at 555 South Section Street for Water/Sewer and Gas Departments. Seconded by Councilmember Ford, motion passed unanimously by voice vote. TABULATION Identification: "ADDITION -METAL BUILDING -WATER DEPT" Bids open on: February 2. 2006 at: 10:00 a.m. Bid is for an addition to an existinq metal building to be used for offices — Water/Sewer Dept. VENDOR: TOTAL PRICE FOR REPAIR TIME REPAIRS: IN DAYS: R & R CONSTRUCTION CO., Theodore, AL $27,664.00 90-Da s M.W. ROGERS CONSTRUCTION, LLC 35-Days contingent on Mobile, AL $41,866.00 material building delivery & S CONSTRUCTION, LLC hobile, SPECIFICATIONS AL NOT MET It is recommended to accept the low bid of R & R CONSTRUCTION, Theodore, AL with all specifications being met. Dan McCrory, Water & Sewer Supt. S & S Construction, LLC did not meet the following specifications. Wayne Smith, Purchasing Agent • No Liability Documentation was returned as required within the bid packet when received. ■ No Workman's Compensation was returned. Specifications called for the return of documentation for all insurance within the bid form. 4092 26 February 2007 Councilmember Ford moved to accept the low bid of R & R Construction, Theodore, Alabama, provided all specifications are met for the addition to the metal building at warehouse,"located at 555 South Section Street for the Water/Sewer Department. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Stankoski reported that the Sister City committee met on February 22, 2007. There has been no outreach to France and it appears that the committee will vote to discontinue the Sister City Committee due to lack of activity. Councilmember Christenberry reported that the Fairhope Harbor Board has discovered that the Public Works project at Fly Creek will cost more than the $32,000.00 approved on October 23, 2006, regular City Council meeting. Councilmember Christenberry recommends that the site be secured and project stopped until the remainder of the project can be bided. Councilmember Christenberry moved to declare this as an emergency bid. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember moved to reschedule the next Regular Council meeting to Wednesday, March 14`h and reschedule the deadline date for submitting items for the March 14`h agenda to Wednesday, March 7`h due to National League of Cities Conference. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. A. J. Cooper addressed the City Council, representative of the District 17 Community addressed the City Council requesting that the City Council reconsider approving low-income housing in an already dense minority community off of Twin Beech Road. Mr. Cooper agrees that Fairhope need low-income housing because everyone should have an opportunity to have decent housing. (A public hearing was held by the City Council on February 12, 2007 approving Shellbrook Pointe project that will be a development of affordable housing) Mr. Cooper stated that the citizens of Twin Beech area have demonstrated that they do not want a low-income housing development in their back yard. Mr. Cooper further stated that if the City Council wants low-income housing so bad, why not put this development in their neighborhood. There being no further business to duly adjourned at 6:17 p.m. cjre the City Council the meeting was Rob'e1 t Gemece W. Johnson, C erk C. Gentle, Council President