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HomeMy WebLinkAbout07-23-2007 Regular Meeting4240 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, 3 July 2007. Present were Council President Robert 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. Mark Wilson, Pastor of St. James Episcopal Church, gave the invocation. Councilmember Christenberry moved to approve minutes of the 9 July 2007, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Mayor Kant publicly apologized for losing his temper at the last Finance Meeting. • Rose Forgarty, Finance Director, and Nancy Wilson, City Treasurer, gave a financial report PowerPoint presentation for the Month of February 2007. No City Council action was required nor taken. 4241 23 July 2007 CITY OF FAIRHOPE CITY COUNCIL MEETING JULY 23, 2007 SUMMARY FINANCIAL REPORTS NINE MONTHS ENDED 6/30/2007 Slide 1 GAS FUND E MONTHS 9 MONTHS INCREASE ENDED ENDED (OECREASE) UTSro) SO — REVENUES 6,281.815 6,131,655 1-- COST OF ENERGY ].I-oOS 3.WB905 I516.5]0) EYJlNIM S WLLUd1X)iMxfFUM 242(0,568 1.561.596 H0970 TOTAL COST2 PENSE 5.30T603 5.211,203 EARNINGS (LOSS) SSe,]11 Slide 3 WATER/SEWER FUND 9 MONTHS S MONTHS ENDED ENDED (DECREASE) SOOro7 UMWM REVENUES BAO1.BSs 6,122.— 216.973 COST OF ENERGY 866.130 ]776SB 88171 EXPENSES MCLODWO TRANSFERS 5,388,781 8,119,765 67D022 TOTAL COS—PENSE 5,63J,911 5,006,624 EARNINGS (LOSS) —A. Slide 5 ALL FUNDS E MONTHS IMONTHS IMCR— ENDED ENDED IDECREASEI 61-1 61— REVENUES 80,382.083 38.345.953 2,036,080 EXPEN SEE 31.692.088 3S011,585 IST0,810 EXC ESS R EVE NUE OVER(UNOERI EXPENSE 2.SfE,ff1 Slide 7 GENERALFUND f MONTHS S MONTHS .CREASE ENDED ENDED (DECREASE) SO_ SOtro6 REVENUES 15,845,286 15,Ob003 c15.2S3 IHttuaxOunm nuxerSAq EXPENSES 15050.390 1e.382.827 .1.5. EX— REVENUE OVER IUNDERI EXPENSE 398,696 Slide 2 ELECTRIC FUND F MONTHS S MONTHS NGG— ENDED ENDED (DECREASE) Ubro) 600ro6 REVENUES 11,120,2. 9.929A91 1.190,78J COST OF ENERGY 6,175,312 6,178,162 (SSG) EXP[N SUS NCLU—TRUIVERE 4,178M1 3Af6,60f 616,882 TOTAL COSTIEXPEN $E 10.NB,60] 8.871.911 EARNINGS (LOSS) 710,651 Slide 4 GOLF FUND 9 MONTHS #MONTHS WdEYf ENDED ENDED (DECREASE) U-1 enaroa REVENUE. T116.513 1.IbA1z (1e]89) EXPENSES 1,133.515 1.006,713 88.832 EARNINGS (LOSS) T..—) Slide 6 CASH BALANCE COMPARISON AT JUNE 30,2007 CURRENT PRIOR MOWN PRIOR YEAR SOOro1 M]10001 Y]0.08 GENERALFUND OASFUND 2.0O1,1S8 1.712,613 2,961.9B1 6J8.098 ELECTRIC FUND 658612 625,s1S 1,534.744 1.323,939 2, 125622 WATER FUND 3,602.775 4.362,926 4,584697 GOLFFUNO N.306 1U7, 10s 144282 GAS TAX FUND 316.681 31M.1S6 2B16B5 CAPITAL PROJECTS LIBRARY PROJECT (INCLUDES ACCOUNT) E.771 402 218023 100.016 TOTAL -ALL FUNDS 12,9101,225 F,E93,366 10,)]3,103 SINKING FUNDS 1,748,886 2,021.880 1.>17AB0 WARRANTFUNOS TOTALLXCLDNG 6WKNGANARIUNTB 5313,66] 680823 690.280 1.006,696 6,680,661 5,115,]11 4242 23 July 2007 CITY OF FAIRHOPE WATER AND WASTEWATER DEPARTMENT Fairliope Water Established ➢ 1916 — Election for a Bond for 58,000 to construct a waterworks system within the corporate limits. • R-111: 69 Far & 1D AC.1.t, J-1y 11. 1916 W— ocpmmeni F—b1ii,hM aumr d 1916 • F-1 Made, Sal Wren Tower • L—w whore ma Wck — Cm. ie lam' Onabcr 16.1916 Ey bCi -d an O,d� w C111- W —.m -- for ww,er co„— W ..p Fairhope Water > As of December 31, 1997 Water Treatment Plant 6, &Well 6,600 GPM, Cost - $550,000 10,186 Water Connections 426 New Water Connections Presentation Agenda ➢ Welcome and Introduction • on McCrory. W=&\Vastcwoter Superinle 'l • iwMpe Ws, ryabY,hJ er 0.0.pnw,w,�fkvWe • W.u, O.p,n ,Ingnra • 1Ye, ,.,¢, Pymn, Lu,i e« i ..i � p'Pinnnn, i wa ,rn,rne QUeN�VM&�\ruw,„ Fairhope Water ➢ As of December 31, 1996 ➢ 9,760 Water Connections ➢ 5 Water Wells ➢ 4 Water Towers ➢ 5 Water Treatment Plants Fairhope Water As of December 31, 1998 10,628 Water Connections 442 New Water Connections 4243 23 July 2007 Fairhope Water As of December 31, 1999 Well 7, 750 GPM, Upgraded Water Treatment Plant I, & Generator, Cost $750,000 I1,120 Water Connections 492 New Water Connections Fairhope Water As of December 31, 2001 11,983 Water Connections 436 New Water Connections Fairhope Water r As of December 31, 2003 12,873 Water Connections > 424 New Water Connections Fairhope Water As of December 31, 2000 We11 8, 600 GPM, Cost $350,000 1 1,547 Water Connections 427 New Water Connections Fairhope Water : As of December 31, 2002 12,449 Water Connections , 466 New Water Connections Fairhope Water As of December 31, 2004 Well 9, 1000 GPM, Upgraded Water Treatment Plant 2 Cost $700,000 3 Million Gallon Tank Put In Service, Cost $3,000,000 13,345 Water Connections : 614 New Water Connections 4244 23 July 2007 Fairhope Water As of December 31, 2005 13,959 Water Connections 614 New Water Connections ➢ 12 inch Water Main Extension Hwy 104 Cost - $250.000 Well Totals WW Flow, P-k, a Cp ily flow QOayY Fbw Map. f�DON Puk Fpw EDayF— C.—ty Well Totals Wall Daily Average 6 capacity Pump 11 -- C10 6 e r I�D.N a+m �wqp no.N Pump C... Fairhope Water As of December 31, 2006 14,444 Water Connections - 485 New Water Connections 9 Water Wells 5 Water Tanks, Storage of 6.60 Million Gallons 6 Water Treatment Plants Construction of Wel 110, Cost - 5500.000 Well 4 Upgrade, Cost - S75,000 Water Peak Daly P..k Pwc.nl CeP dty Flow IW � � ° ItfljI���ttlllIII �� ll I 0 A I ©' bN P.ak P.,um Cyxky Water Usage & Projection W.W u..a. a P,.1.OI P.rc.nl c.P.ily ... Ow— u..a. P. m c.M&Y .. .. op.,.. wrc.m a-.y 4245 23 July 2007 Water Connections Water Meter Connections ,e n, pew .u...�Gom.nw am Fairhope Water Improvements sf 3fwa`I Fairhope Wastewater ➢ As of December 31, 1996 y 4702 Connections ➢ 39 Lift Stations D Wastewater Reclenwtion Facility, 2 b1GD D WWRF Flow 1.583 Million Gallons Water Department Improvements ➢ Last Decade 13.999 Billion Gallons Pumped 4'684 water Connections 4 Water Wells, 1998. 2000, 200I, & 2005 Water Treatmens Plant, 1998 Upgnded 2 W.I. Trutmen. Plant, 2000& 2005 . Generator, m Water TteaMent Plant 1, 2000 Scado System for Wells Construction of Wcll 10. Stared 2007 WO , ell 4 Upgrade, Started 2007 Cost - S6.175 M dlinn in Improvements Fairhope Water Improvements !twu v; _NN 4 Fairhope Wastewater ➢ As of December 31, 1997 : 4870 Connections 168 New Connexions W W RF Upgraded To 4.0 Million Gallons Ultra Violet System, Generator, Plant Scada System Screating, Grit & Grease System Upgraded Aeration 'rank , and 2 Clarifiers Upgraded W WRF Office & Lab Remodeled W WRF Flow 1.655 Million Gallons Upgrade/ Improvement Cost-I5.50 Million 4246 23 July 2007 Fairhope Wastewater > As of December 31, 1998 ➢ 5184 Connections > 314 New Connections > 2 New Lift Stations ➢ WWRF Flow 1.432 Million Gallons Fairhope Wastewater > As of December 31, 2000 > 5834 Connections D 354 New Connections D 2 New Lift Stations > Smoke Test of Collection System, Cost $500,000 > WWRF Flow 1.583 Mi Ilion Gallons Fairhope Wastewater ➢ As of December 31, 2002 > 6349Connections > 266 New Connections > Scada System for Lift Stations, S350,000 D MVRF Flow 1.748 Million Gallons Fairhope Wastewater > As of December 31, 1999 > 5480Connections > 296 New Connections > 2 New Lift Stations > WWRF Flow 1.351 Million Gallons Fairhope Wastewater ➢ As of December 31, 2001 D 6083 Connections D 249 New Connections > 3 New Lift Stations > Blower & Generator Sound Proofing, Cost - S 100,000 > W WRF Flow 1.645 Million Gallons Fairhope Wastewater > As of December 31, 2003 > 6680 Connections > 331 New Connections > New Ultra Violet System, 10 MGD New UV Building, Total Cost - S500,000 D I New Lift Stations > WWRF Flow 1.757 Million Gallons 4247 23 July 2007 r-.ter-----�--"'—•�,r-�-- :.:..--�--•.,,...—.�;`�'7. Fairhope Wastewater D As of December 31, 2004 D 6987 Connections D 307 New Connections > 1 New Lift Stations > WWRF Flow 1.792 Million Gallons Fairhope Wastewater ➢ As of December 31, 2006 D 7696Connections > 308 New Connections D 4 New Lift Stations > AWPCA Award of Excellence of Plant Operations Fairhope Wastewater Lift Stations so so k � F ]0� I 1•- �I;; Ira 9wma� � Fairhope Wastewater D As of December 31, 2005 > 7388 Connections > 401 New Connections ➢ 5 New Lift Stations > WWRF Flow 1.603 Million Gallons Fairhope Wastewater Sewer Connections -- aoeo moo Fairhope Wastewater Total Rain ,m eo E eo 6 23 July 2007 Fairhope Wastewater SMNRF Daily Avg, P—k, ♦ Capaclry flow QDeJy Fkra Arwage F DFiry Put Fba M. Flaw c.we y Fairhope Wastewater W WRF Daily Average & Capacity Flow t ..r' -I, Flea Avxaau MDaly Fkav Capauy Wastewater Department Improvements ➢ Last Decade 2.991 %VA k—' Conncctio • 20 Lill Swim, Addcd to We Colbctim Sydcm, 1999 - 20D2 (9 ), 2002 -2001( 11 ) • W4eadcr R-1— imF ilily,4MGD,SFdleSy,(— UI1ra ViPld Sy—, 9 MGO, Aerdion Tank.2 Clanri Gmengr. S,—Gril k Gm— O(fcc, A Lan I WO Bbwa & Gmenbr Sound P-019. 2n1 S—c I-CMleclim Synem, 2001 • UOnVlolcl Sydern, 10 MGO UV Bolldng, 2004 AWPCA Awdd PfEuellwcc OF Pl.,Operdrm a • Uppedc / IngrorcnwPl Cml -56 95 M.11'gn Fairhope Wastewater Daky Puak and PI*I ad PI —I fba en � n i HpH Ijtryt�1l1I IIII yj�IfI�IIIIII ��IrygIg�III IIIII���' a M ,0.r�.lL➢JLlll, 9111-.I rI. I.I. QDayy Pak PwcaM CaP.cey a Prgeclad Pdcenl C Pfdly Fairhope Wastewater NN:RF M. a R jectad Flow Perunt Cepaclly 21-Fll0 _ 'MyYwFM>.dPrw-eD. Iyy .. 0Pr—F-Caawy Wastewater Department Improvements 011 I� tPNIa, 1 7 4249 23 July 2007 Wastewater Department Improvements Wastewater Department Improvements R Wastewater Department Improvements Fn•avit tiii4 Wastewater Department Improvements C Wastewater Department Improvements .'U�}'X WHERE ARE WE TODAY? ❑ WATER CAPACITY - 44.9% ❑ WASTEWATER CAPACITY - 40.1 % 4250 23 July 2007 • Council President Gentle appointed Charles Zunk to appoint a separate committee to look into the duties of the Mayor, look into the duties of a Utility Superintendent, and to come up with a fair and reasonable pay for a Utility Superintendent. Mr. Zunk is to report back to the Council. No further action was taken by the City Council. • Mayor Kant stated that Fairhope's utility rates are below the private sector. • Mayor Kant reported that the lawsuit with Baldwin County Sewer Services has been settled and the sewer line that serves Fish River, approximately 20 customers, has been sold to BCSS. • Mayor Kant further stated that Fairhope has the lowest taxes in the State, and he does not believe that the citizens want taxes. • Councilmember Quinn inquired about the brown poles to be installed by Riviera Utilities. Council President Gentle stated that this issue would be digested at the next meeting. City Attorney Marion E. Wynne stated with regards to grandfathering short-term rentals the City could not impair an existing contract for short-term rentals. Once the existing contract is satisfied there is no need to grandfather a prohibition on short-term rentals. Councilmember Quinn moved for final Adoption of Ordinance No. 1336, and amended the ordinance not to allow renting a dwelling for less than 30 days within R-1, R-2, and R-3 zoned areas. (Public Hearing held June 25, 2007 and Work Session held July 11, 2007). Seconded by Councilmember Christenberry, motion for final adoption passed by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -Ford Councilmember Quinn introduced in writing Ordinance No. 1337. An ordinance annexing City of Fairhope's property, located next to current City Landfill, Fairhope, Alabama contains 3.0 acres more or less 46-04-20-3-000-024.000, in order to take immediate action, Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1337. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. 4251 23 July 2007 Councilmember Quinn introduced in writing Ordinance No. 1338. An ordinance annexing City of Fairhope's property, located at Clay Pit, Fairhope, Alabama contains 3.89 acres more or less. 46-04-20-3-000-067.000, in order to take immediate action, Councilmember Christenberry moved for immediate consideration. Seconded Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Quinn then moved for final adoption of Ordinance No. 1338. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1339. An ordinance annexing City of Fairhope's property, located North of Substation on Twin Beech Road, Fairhope, Alabama contains 2.0 acres more or less. 46-04-20-3-000-072.000, in order to take immediate action, Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1339. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1340. An ordinance annexing City of Fairhope's property, located at Substation on Twin Beech Road, Fairhope, Alabama contains 1.66 acres more or less. 46-04-20-3-000-073.000, 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 Quinn then moved for final adoption of Ordinance No. 1340. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1341. An ordinance annexing City of Fairhope's property, located at 19128 Young Street, Fairhope, Alabama contains 8.0 acres more or less. 46-04-20-4-000-050.000, in order to take immediate action, Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1341. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. 4252 23 July 2007 Councilmember Christenberry introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to accept the Grant from Maddie's Fund to The Haven in the amount of $20,000. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1393-07 WHEREAS, The City of Fairhope Animal Control ("CFAC") and Maddie's Fund entered into an agreement to support the collection and adoption of homeless animals. The CFAC will fully, accurately, and in a timely manner, report its annual shelter statistics for each of the calendar years 2006 and 2007, and; Project Objectives: • To support the collection and publication of CFAC's animal shelter statistics. • To support other activities on behalf of lost, stray, or homeless dogs and cats. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to accept the Grant from Maddie's Fund to The Haven in the amount of $20,000. Adopted This 23rd Day of July 2007. Item 10, a Resolution authorizing Mayor Kant to purchase property located on the East side of Section Street,_ approximately 34.51 feet North of Fairhope Avenue. Contains .0258 acres, more or less. This item will be addressed once the Mayor, City Council and City Attorney return from Executive Session. 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 the Baldwin County Commission providing for the continued maintenance of Thompson Hall Road, between County Road 48 (Fairhope Avenue) and Derby Road. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 4253 23 July 2007 RESOLUTION NO. 1394-07 WHEREAS, the City of Fairhope and the Baldwin County Commission enter into an agreement providing for the continued maintenance of Thompson Hall Road, between the city limits of Fairhope (from a point 300 feet South of the center line of Derby Lane North to County Road 48) and County Road 48 (a/k/a Fairhope Avenue), and; WHEREAS, the Baldwin County Highway Department will resurface Thompson Hall Road within the limits as described above, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Thompson Hall Road, between the city limits of Fairhope (from a point 300 feet South of the center line of Derby Lane North to County Road 48) and County Road 48, will be accepted for maintenance by the City of Fairhope in two years upon the completion of the resurfacing of Thompson Hall Road by the County Highway Department. The City of Fairhope will not be responsible for any cost associated with the County's resurfacing project of Thompson Hall Road. Adopted, this 23rd day of July , 2007. M. K*t, Mayor r - Ar i Jennifer Fidler, Public Works Director, addressed the City Council to explain that she needed to know whether to move forward with getting the extended landfill permit for a C&D landfill or not. Councilmember Ford stated that we can still put old asphalt, concrete, limbs and leaves and will not have to cover these unregulated items. All regulated items will be transferred to McBride Landfill. Councilmember Christenberry stated taking option B (presented in the PowerPoint Presentation on June 11, 2007) would save money, save lives, and decrease dumping. Councilmember Christenberry introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to extend the landfill with unregulated items and transfer all regulated items to McBride Landfill. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4254 23 July 2007 RESOLUTION NO. 1395-07 WHEREAS, The City of Fairhope's C & D Landfill will be closed in the fiscal year of 2008, and; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to extend the landfill with unregulated items and all regulated items must be transferred to McBride Landfill. Duly Adopted This 23rd Day of July, 2007. Attest: eniece W. Johnso , ity Clerk A. J. Cooper addressed the City Council stating that there is a new subdivision on the left side of Section Street. There are many homes and children living around the dump. The dump is causing respiratory problems to the elderly and causing asthma to the children. The City should agree to shut the landfill down and over a 5-year period remove the debris within the landfill. This would be vision for the future. Councilmember Christenberry moved to grant Randy Lee a waiver of the permitting moratorium on Mr. Lee's property located at 18729 State Hwy 181 for Affordable Plumbing. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Christenberry moved to grant Change Order # 1. A change order by John G. Walton Construction Company for the Cliff Drive NRCS Project at S. Mobile Street, Fairhope, Alabama, for additional work for protection of the base of the new MSE wall increasing the contract by $38,250.00. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Ford moved to grant Change Order # 10. A change order by J. F. Pate & Associates Contractors, Inc. for the City of Fairhope's New Public Library at 501 Fairhope Avenue, Fairhope, Alabama for additional work on the Faulkner State Community College build -out of 2nd floor increasing the contract by $2,017.00. Seconded by Councilmember Christenberry, motion passed by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford, NAY -none ABSTAIN -Gentle. Faulkner State Community College will reimburse the City for this expenditure. 4255 23 July 2007 TABULATION I RECOMENDATION Identification: "PRINTING CITYSKETCHES" Bids open on: June 27, 2007 at: 11:00 a.m. TOTAL COST VENDOR: COST FOR MAILING: FOR PRINTING COST FOR PRINTING: AND MAILING: INTERSTATE $4,623.00 for 20 $510.00 for 20 $5,133.00 for PRINTING & pages pages 20 pages GRAPHICS, Mobile, AL $6,372.00 for 28 $510.00 for 28 $6,882.00 for pages pages 28 paqes NALL PRINTING $7,450.00 for 20 $187.50 for 20 $7,637.50 for Fairhope, AL pages pages 20 pages $9,985.00 for 28 $187.50 for 28 $10,172.50 for a es pages 28 pages COTTON PRINTING $10,641.89 for 20 $637.50 for 20 $11,279.39 for Fairhope, AL pages pages 20 pages $14,424.86 for 28 $637.50 for 28 $15,062.36 for pages pages 28 pages It is recommended to accept the low bid of INTERSTATE PRINTING & GRAPHICS, Mobile, Alabama with all specifications being met. Sherry Sullivan, Wayne Smith, Director, James P. Nix Center Purchasing Agent Councilmember Quinn moved to accept the low bid of Interstate Printing & Graphics, Mobile, Alabama, provided all specifications are met, for printing for City Sketches. Seconded by Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the 3 Utilities. Councilmember Christenberry moved to address the following item not on the printed agenda. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Christenberry introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement to purchase Natural Gas from the Florida Municipal Loan council. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4256 23 July 2007 RESOLUTION NO. 1396-07 A RESOLUTION AUTHORIZING THE PURCHASE OF NATURAL GAS FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A NATURAL GAS SALES AGREEMENT RELATING TO SAID PURCHASE; AND CONSENTING TO THE ASSIGNMENT OF CERTAIN OBLIGATIONS UNDER THE NATURAL GAS SALES AGREEMENT IN CONNECTION WITH THE ISSUANCE OF BONDS BY THE FLORIDA MUNICIPAL LOAN COUNCIL WHEREAS, the Florida Municipal Loan Council ("FMLC") is a legal entity duly established pursuant to Section 163.01, Florida Statutes; and WHEREAS, FMLC was formed for the purposes, among others, of acquiring gas supplies by any means for sale to public gas distribution systems to meet a portion of the requirements of retail customers in their service areas; and / WHEREAS, FMLC's powers and purposes include the financing of the acquisition of long-term gas supplies to meet the needs of public gas distribution systems inside and outside the State of Florida in the best interests of FMLC; and WHEREAS, FMLC will issue its Revenue Bonds, Series 2007 A and B, to finance the prepaid acquisition of such gas supplies on a tax-exempt basis; and WHEREAS, under the structure of the gas supply acquisition project, FMLC will bring the benefits of secure, reliable and economical gas supplies to public gas distribution systems (the "Project Participants") and the citizens, inhabitants, and customers they serve; and WHEREAS, City of Fairhope, Alabama ("Project Participant") is a local government entity of the State of Alabama; and WHEREAS, Project Participant owns and operates a natural gas distribution system for the sale of natural gas to retail customers in its service area; and WHEREAS, the City Council of the City of Fairhope, Alabama (the "Governing Body") of Project Participant has determined that it is in the best interest of its natural gas distribution system (the "System") and the customers it serves that Project Participant purchase a portion of its annual natural gas requirements from FMLC as a participant in the gas supply project being developed by FMLC pursuant to a Natural Gas Sales Agreement to be entered into by FMLC and Project Participant, more fully described herein (the "Sales Contract"), the form of which is attached to this Resolution; and WHEREAS, for the purpose of providing funds to purchase gas supplies for resale by FMLC to the Project Participants, it will be necessary for FMLC to issue and sell one or more series of bonds (the "Bonds") and pledge to the payment of the Bonds certain assets of FMLC, including the Sales Contract between FMLC and Project Participant; and WHEREAS, Project Participant shall have no obligation or liability with respect to the Bonds, and Project Participant's only obligations relating to FMLC's gas program described herein shall be set forth in the Sales Contract; and WHEREAS, in order to authorize the purchase of natural gas from FMLC and the execution of the Sales Contract, to consent to the assignment of the Sales Contract to secure the Bonds, and to authorize the taking of such other necessary and appropriate action in furtherance of the above described program, the Governing Body adopts this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of Project Participant as follows: 4257 23 July 2007 1. Project Participant shall purchase from FMLC in each month for the term of the Sales Contract, said term being 20 years from the date of first deliveries, such portion of Project Participant's natural gas requirements as the Executive Officer of the Governing Body shall determine, in consultation with the Governing Body, pursuant to and substantially in accordance with the terms of the Sales Contract as submitted to the Governing Body at this meeting and attached to this Resolution, and which is approved pursuant to Paragraph 2 herein, and the officers, employees and agents of Project Participant are hereby authorized and directed to take such actions and do all things necessary to cause the purchase of said gas to take place, including the payment of all amounts required to be paid in order to purchase the gas in accordance with the Sales Contract. 2. The Sales Contract shall be in substantially the form submitted, which is hereby approved, with such completions, omissions, insertions, and changes as may be approved by the officers executing said Agreement, their execution to constitute conclusive evidence of their approval of any such completions, omissions, insertions and changes. The Executive Officer of the Governing Body is authorized to execute and the Secretary (the "Attesting Officer") of the Governing Body to attest the Sales Contract. 3. The issuance of Bonds by FMLC for the purposes hereinabove set forth is hereby recognized by the Governing Body and the Governing Body hereby consents to the assignment and pledge of all FMLC's right, title and interest under the Sales Contract, including the right to receive performance by Project Participant of its obligations thereunder, to secure the payment of principal of and interest on the Bonds. 4. The Bonds are not obligations of Project Participant but are limited obligations of FMLC payable solely from the revenues and receipts arising from the sale of gas to the Project Participants and others pursuant to the Sales Contract and to similar agreements with the other Project Participants. By recognizing the issuance of the Bonds and consenting to the assignment of the Sales Contract, Project Participant is not incurring any obligation or liability with respect to the Bonds, and Project Participant's obligation pursuant to this Resolution is to purchase natural gas and perform its obligations as set forth in the Sales Contract. 5. The officers and employees of Project Participant and any other agent or representative of Project Participant are hereby authorized and directed to cooperate with FMLC and its agents and representatives in the preparation and distribution of a preliminary official statement describing, among other things, the Bonds and the System. After the Bonds have been sold, any officer or employee of the Governing Body, or any agent or representative designated by Project Participant, shall make such completions, omissions, insertions, and changes in the preliminary official statement relating to the System not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for purposes of Rule 15(c)2-12(e)(3) of the United States Securities and Exchange Commission. Such persons are authorized on behalf of Project Participant to deem the preliminary official statement, as it relates to the System, to be final as of its date within the meaning of Rule 15(c)2-12(b)(1), except for the omission in the preliminary official statement of certain pricing and other information allowed to be omitted pursuant to Rule 15(c)2-12(b)(1). 6. The Governing Body hereby covenants and agrees that Project Participant will cooperate with FMLC in the discharge of FMLC's obligations to provide annual financial information and material event notices for the Bonds as required by Rule 15(c)2-12 of the United States Securities and Exchange Commission. Any officer or employee of the Governing Body, or such other agent or representative of Project Participant as shall be appropriate, is hereby authorized and directed to provide such information as shall be required for such compliance. 7. All acts and doings of the officers or employees of Project Participant or any other agent or representative of Project Participant which are in conformity with the purposes and intent of this Resolution and in furtherance of the execution, delivery and performance under the Sales Contract, and in fiirtherance of the issuance and sale of the Bonds, shall be and the same hereby are in all respects approved and confirmed. 8. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 4258 23 July 2007 9. All other resolutions or orders, or parts thereof, in conflict with the provisions of this Resolution, are, to the extent of such conflict, hereby repealed and this Resolution shall be in immediate effect from and after its adoption. Adopted and approved this 23r Attest: Geniece W. Johnson, T lerk A. J. Cooper addressed the City Council stating that not one time was the appointment of Mr. Zunk to chair a committee was mentioned in the Finance meeting to look into separating the Mayor's job. We need this back and forwardness to stop. Taking Mayor Kant's job, a job he was elected to do is not the way. Mr. Cooper also questioned the reporting back to the Council only by Mr. Zunk. He said that Mr. Zunk should report back to the community citizens. Mr. Cooper inquired of the spending for City fund at the Barnwell site, and requested that the City Attorney inquire of the Attorney General as to how can City funds be spent in Barnwell. A committee should be formed to improve the Boys and Girls Club on Young Street to provide a facility at this site that would benefit the entire community. Mayor Kant stated since 2000 he has been working with ADECA to build classrooms at the Boys and Girls Club facility and the Boys and Girls Club will be getting a bus. Patricia Solan, a resident of 7341 Twin Beech Road inquired of a leak at Twin Beech Road and Section Street. Mayor Kant stated that those lines have been upgraded, a new release valve has been installed, and all the lines have been smoked. Debra Green, 415 Maple Street inquired of a development at Gayfer Avenue and Bishop Road, looks to be 8 units. Gregg Mims, City planner will look into this development. Willie Williams, 17437 Confederate Rest Road addressed the City Council stating that a public hearing should have been heard for each annexation. Mr. Williams stated that he would be writing the Justice Department. Mr. Williams will send a list of everybody wanting to meet with the Council regarding annexation. Kevin Hempfleng, Fire Chief addressed the City Council stating that the Fairhope Volunteer Fire Department is their own corporation, and will never let anybody go without fire protection. 4259 23 July 2007 Councilmember Quinn stated that this is taxpayers' monies going outside the City limits. Mr. Hempfleng stated that FVFD would never be secondary to anybody. The Fire Department receives approximately $100,000.00 each year from Ad Valorem monies. Helen Smith, a resident of 19525 Bell Road stated that she is concerned about the toxic waste that is dumped into the city dump, and expressed concerns about the machinery shaking the foundation of her home. At the request of the City Attorney, Marion E. Wynne the City Council will rise from this meeting to go into Executive Session to discuss the purchase price of the property located on the East side of Section Street approximately 34.51 feet North of Fairhope Avenue contains .0258 acres, more or less. The approximate time to be in Executive Session is 20 minutes. Councilmember Quinn moved to go into Executive Session. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Exited the dais at 8:03 p.m. Returned at 8:25 p.m. (Item 10) Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to purchase property located on the East side of Section Street, approximately 34.51 feet North of Fairhope Avenue contains .0258 acres, more or less. To be paid by the three utilities. Seconded by Councilmember Christenberry, motion passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -Ford. RESOLUTION NO. 1397-07 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant, is hereby authorized to purchase property, from Fairhope Single Tax Corporation % The Obvious Place, L.L.C., located on the East side of Section Street, approximately 34.51 feet North of Fairhope Avenue in the heart of downtown Fairhope, Alabama. The site encompasses an area of .0258 acres, more or less, and is improved with brick paving Adopted this 23rd Attest: Geniece W. Johnso City Clerk day of July, 2007. to ` Tim by . Kant, Mayor 4260 23 July 2007 Lydia Myers addressed the City Council inquiring why rush to purchase the Obvious Place property, and what will be space be used for? Council President Gentle stated that this space would be used as open space. Ms. Myers stated that there is a rumor that her property will be taken by imminent domain. Each Councilmember and the Mayor stated that they would never be in agreement to vote for imminent domain. There being no further business to come before the City Council the meeting was duly adjourned at 8:39 p.m. 0 Robert C. Gentle, Council President Geniece W. Johnson, City