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Home My WebLink About09-24-2007 Regular Meeting4319 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 24 September 2007. 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 Assistant City Clerk Lisa A. Hanks. City Clerk Geniece W. Johnson was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Father Steve Williams, Pastor of St. Lawrence Catholic Church, gave the invocation. Councilmember Christenberry moved to approve minutes of the September 10, 2007, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Mayor Kant recognized Wayne Smith, Purchasing Agent for the City of Fairhope, who will be retiring this year. The Mayor thanked Wayne for his many years of service to the City. • James Gillespie introduced Dr. Donald C. Mosley, Jr., Professor at the University of South Alabama. He helped with the City of Fairhope's Development and Training Programs. Dr. Mosley presented Mayor Kant and the City of Fairhope a signed copy of Supervisor Management, The Art of Inspiring, Empowering & Developing People, 7th Edition. There are several sections with the City of Fairhope mentioned in his book. He stated that the City of Fairhope is proactive in leadership. • Rose Fogarty, Finance Director, and Nancy Wilson, City Treasurer, presented the following PowerPoint presentation no action was taken by City Council. 4320 24 September 2007 Slide 1 GENERAL avT Fern REUM EAM EKPErgE CIOWARSCN WM TO DATE Q MIM7 nnn XUW (O" = Slide 3 PFCMErAW FUNDS REVENUE: AND EXPENSE CONPARSON YEARTOCATEOMMANDALOXT(CNI.Y)M 35000000 woo= 23000o0D 2000000D 1M000000 E 10000000 • DO' m SOOOOOD 0 YTD ALQ- aw 07 Slide 5 GEL. FUND 11 MONns ENM 11 MQ4R3 ENM tE11ENLES 19=,130 SOWS 16,334199 INMLON3 UTIrTY TAMN WEFM EXPENSES 1Q072,490 16,657AM QIEIt(IIDF3a �l9F 18M,61 d27,661 Slide 2 PROPRIETARY FLAW 11 MONTHS 11 MONTHS ENM Him® 41mm d3mM IEUB68 31.0ozoo 29,315,411 OO@!SES- MMUCIN3TROAMM A14SA M 27,079,696 Ev"'ns OD" 1,9p,405 2�M715 Slide 4 CASH BALANCE CIOWARISON ATALKLJ5T 31,2007 CU *W PROR MIONTN PRORYHYT SOIM7 7131QW7 M31A6 GENERAL RM 1,9%135 2032L798 1,95;399 OAS RM 6sz022 689,580 5M409 ELECTRIC RM 2097,645 1,943,415 2,456,220 W4TERRJM 410102 4126,962 46OZ146 GOLFRM 94,237 123.053 %9,679 OASTAXRNI 323714 =350 29Z951 CAPITAL RiUECf S (ICUI]ES, LMRARYPRO,CSTAC000NQ 3,976,317 422RO97 479,8M TOTAL-ALLRHA 13A%734 13A M,2N 10,562,58) BNONO RJND6 1,9M695 1,857.805 1,951,197 MMPMM FLPM 4394,933 4573,934 M745 TOULDCLOGON010Y4 IOM 59m.19M TAAM5 7,910.743 Slide 6 4321 24 September 2007 Slide 7 Slide 8 • Fred Clark, Executive Director of the Alabama Municipal Electric Authority presented the following PowerPoint presentation no action was taken by City Council. Mr. Clark stated that this year was the 25th Anniversary of the AMEA. He reported that rail transportation was doubling and tripling in price. The AMEA is hoping to have Green Power alternatives by the end of the year for their customers. Emission controls — Mr. Clark stated that AMEA is placing scrubbers at the back end of our process to eliminate and/or control emissions from coal. Fixed costs will be increasing. Unfortunately, there are some environmental issues and emission controls that cost money. AMEA is working on a cleaner and friendly environment. Power Supply Update Power That Works For YouP Slide 1 Power Supply Update ■ Overview of AMEA Slide 2 4322 24 September 2007 ■ generation Nix ■ Gerver &on Cost ■ Drivers for increased energy costs in State of Coal Markets in State of Gas Markets ■Typical Day Generation Reswm Reouirernents J Slide 3 I AMEA Generation Resources &�WWF.=(W" A&� o� .Nudw ■G. � 5 Slide 5 State of the Coal Markets Delivered Coal Prioes, 1997-2006 (Nominal Dollars per Ton) mm mm m� «m tl� m� J Slide 7 , AMEA Generation Resources . Exodlent mix of generation resources ■ Coal . Nuclear I ■ Natural Gas ■ Fyft Slide 4 AMEA Generation Costs nr ftmm Slide 6 oC.d .p�&. J J 4323 24 September 2007 Typical Day Generation Resource Requirements Power Supply Update ■ Impacts to Power Supply Costs Slide 9 Slide 10 Councilmember Quinn asked what is your fuel cost adjustment? Mr. Clark answered that it depends on the actual cost of fuel each month and will vary. The levelizer for the summer months was around 8.9%. Council President Gentle commented that the AMEA was the largest purchaser of Alabama Power Company. Mr. Clark stated that the AMEA follow the most current policies for making Transmission Systems the best. AMEA is making sure our generation resources reach you in the most economical way, as well as, reasonable and comparable to other companies. Councilmember Christenberry moved for final adoption of Ordinance No. 1344, an ordinance replacing Ordinance No. 1220 to protect the public health, safety and welfare by providing policy and procedure for sidewalk and/or street usage within the City of Fairhope. (Introduced at the September 10, 2007 meeting) Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -None. Councilmember Stankoski moved for final adoption of Ordinance No. 1345, an ordinance replacing Ordinance No. 1221 to protect the public health, safety and welfare by providing policy and procedure for park usage within the City of Fairhope. (Introduced at the September 10, 2007 meeting) Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -None. 4324 24 September 2007 Councilmember Christenberry introduced an Ordinance amending Ordinance No. 1315 the electric rates, by increasing electrical rates by 3%. Councilmember Quinn asked how much is the 3% in dollars? Mayor Kant answered around $300,000 total. We have a loop (redundant) system, which allows for a more reliable system. If one substation goes down, we can route the electricity to another with no interruption in power. Council President Gentle stated that we tried to reduce millage and that didn't work. Is this a way we can forego it and help our citizens? Mayor Kant replied that is why I suggested holding off until January 2008. This will help downtown merchants. I just want to wait and see what happens. Councilmember Ford asked do you want to table this? Councilmember Quinn said I feel you have already passed a 3% increase last year and fuel adjustment fees. I don't feel comfortable with this right now. After further discussion, Councilmember Quinn then moved for this Ordinance to be tabled. Seconded by Councilmember Christenberry, motion to table passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -None. Rose Fogarty presented the following Power Point presentation of the City of Fairhope FY 2007-2008 proposed budget. TFE GWOF FAIRNOMML CONVAE TO EOONONMNlV PROMOEMD 1WRM DE CLMWCF LFE FOR DE COMANTY1H1 O" OEM]FBIR4TNE 7R1SrJYaUW LECMSHP. T!£CITML0&RP $NJMMMD SIFPOR7opm INFCRM =N NODE EIOCWWOE OF INFMMTM TFiiD M RMX PMXWATWN MT CM cowm YOINN m PMDimamrm POBI7NE SCLLRIm FOR RnIM NBM CRY CF FAIRFDPE STAFF Slide 1 Slide 2 11: 4325 24 September 2007 0lIALR=-PRWCM MWRS2LL2WA FMPOM AB 44i4)99 IOOLTAffi W%M 13 XOFBVIM WIU f8 WFUVW0 39.003 M T2®ETIIIf83RR8lf YM S0IME AL#a" a%AOD Uli®SIXIB(D.9l181f E9pOD POB6lSM`D lBIIS 2i),9m 6Y/�IOtSBNI� OIIBIIHBi.E 1393.E 399,: gQg1®lO1DL Rt8iE TR489S RLTIl11➢If9?i 1§81309 1330,® Ri<7m®lOf/LIRM6/1DIRYBE� 1 IKU R90]®m0�lA6 (93L+TLffl.9M8d 59943m R]IIOFPMiRBif f9 CWAT W �»120 W;,w PIDFAi1Q10@M(RBIf 902,E A3LLT1®FATOIORMRM3R S21Hf091�RR431f Q9Q 0J31091 9RMTAl08YRM3R 1 MX4 SOW R80gM`D/RR6W0.1AI6 %IMAM DWSHI 7: I v4m TRY IDOAOLROSMR �T LLFlQ3316 MM 1%MX4 f1MWmR Affjw MA9lSQ9llE0lA6 U"R Slide 3 RlWORf4YlOECq 39,Om 20003RC>�M1 94® lIRllCt90 Rl�f »�® ,ODE R?NOPfI0LR10a19 cum Slide 5 PROPRMARYRAAIB PROP 0M 0LIDWM FIW-AI.3= PROPOSM PFkUPMTARY RE" RBIBAM CAS RM 7,794000 as:W RM 17,883,000 NATMACOMRRM 9,24i,9DD COIF RM 1,775 M IMX PRCPRXTMYRM FUARS 346AM P"3 PROPRIETARY RUDS H8iNSES CAS RM 44®,189 a&-n lC RM 1%24,711 YATERMD SE1 & RM 46A378 GOLF RM 1,60DAM TOTAL PFCFRIEfARY RM DMEM 29,971,078 MOM FROM GUATEW 4677,122 TRANRU<SIOGRAR LRM A330,000 NET FAIRNDI S 2,347,122 Slide 7 GffMALKMQLMWAOMMMMOUV M MM LL2= R7YECAR9 193p00 RWCffAMMwr B}1R43A xAaUM 10%7M FEDEMM CUORRIMT HXVM 1f 4w NxCe I U"W 1�000 RHICNO306-$fi�T C73MOT73AfH�1M81f 6A000 RELMNAM-9ANTATICN DWAMMENT Hl.ZMW 3VAW RMfM MD 9LCM BW4WrMD XMUMUUVM fA MO PtI8tA1D PLv81E00118i1CDIC6MkI�8115HUPt81f 9= RMA9M<7WMM BW431f MD LIGKM 31,8E RwNMD waM3,,fffxUK f 3= TWALM6KFLW JRWrMDIFMA 9172W Slide 4 Fairhope Public Utilities L" unLITYANDGIOLFFUNDSPROPOSED BUDGETS FISCALYM2008 Slide 6 PROPIffARYRNM CAPITAL EQIL Mrff REQLWM-RWX MW GAS RM E4VMWfMAVMaB 2M o0D MjCnw RM E4xM f Mo, H4CiS 47400D WATI311ANDSRNFRRAAO EQARBAfANOVH4Q6 21,000 GOLFFLM CARTS, E4MMU 120,000 Slide 8 4326 24 September 2007 GDER L RM DST R®UCIION 2U = W7,028 PROPRIETERY REST R DUMCN 2M = $%4,588 PROPOSED BUDGETS SUK44RY GENERALGOVERMENT AMPROPRIETARY"VS REVEL -ALL FUNDS 52,202,5% EXPEhDMIZE5-ALLRIPD6 -49,739,9M NET EARMNGS 2,462,604 Slide 9 Slide 10 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution approving and adopting the proposed Budget for FY 2007-2008. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1412-07 BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the proposed Budget presented and reviewed this 24th day of September 2007, be hereby approved and adopted for FY 2007-2008; and BE IT FURTHER RESOLVED that the Annual Salaries of City Personnel shall be as shown on a list entitled Annual Salaries of All City Personnel - Res. No.1412-07; said list filed in the Office of the Mayor, of the City Clerk, and of the Personnel Director; and BE IT FURTHER RESOLVED that the Mayor's salary as Utility Superintendent shall be increased by 4%; and BE IT FURTHER RESOLVED that each Full Time employee completing 12 (Twelve) months of employment without missing a work day for sick shall receive a special One Time Pay Increase of $100.00. The twelve month period is October 1 — September 30. BE IT FURTHER RESOLVED that each Full Time employee shall receive a One Time Pay Increase for the period 1 December 2006 through 30 November 2007, each qualifying employee shall receive $20.00 per month of employment. To qualify, the employee must be a Full -Time Employee during this period. An employee hired on or before the fifteenth (15) day of a month 4327 24 September 2007 will be given credit for the full month; an employee hired on or after the sixteenth (16`h) day of a month will not be given credit for that month. In order to receive this One Time Pay Increase an employee must be employed on the 30`h of November. For the same time period, and hiring rule each qualifying Part-time employee shall receive the following: First year $ 25.00 Second year $ 50.00 Third year $ 75.00 Fourth year $100.00 The maximum amount for Part-time employees is $100.00. In the past, temporary employees have not received anything. This One -Time increase will be awarded on Friday, 7 December 2007. BE IT FURTHER RESOLVED that the following attachments are hereby amended: 1. Golf Cart Fees/Membership Fees a. Golf Cart Fees — Amending Resolution No. 1062-04, adopted on the 11 th day of October, 2004. b. Golf Cart Fees — Amending Resolution No. 751-01, adopted on the 28`h day of February, 2001. c. Membership Fees — Amending Resolution No. 751-01, adopted on the 28t' day of February, 2001. 2. Recreation Department Fees ADOPTED THIS 24th DAY OF September , 2007. 4328 24 September 2007 RESOLUTION NO. 1412-07 ATTACHMENT NO. 1 NEW GOLF MEMBERSHIP AND CART FEES WHEREAS, The City of Fairhope owns and operates the Quail Creek Municipal Golf Course; and, WHEREAS, the cost of operation of said Golf Course has increased 52% over the past six years; and, WHEREAS, the revenues have only increased 30% over the past six years; and, WHEREAS, the reason for season passes is given at a discount of 35% to 50% of the normal play. The Governing Body of the City of Fairhope hereby proposes to increase the following fees for the Municipal Golf Course: Type of Pass Current Proposed Senior Single $625.00 $725.00 Senior Single Inside City Limits of Fairhope) -0- $700.00 Senior with Spouse $775.00 $875.00 Senior with Spouse Inside City Limits of Fairhope) -0- $850.00 Regular Adult $675.00 $775.00 Regular Adult Inside City Limits of Fairhope) -0- $750.00 Regular Adult with Spouse $850.00 $950.00 Regular Adult with Spouse (Inside City Limits of Fairhope) -0- $925.00 Add each Child with Adult $100.00 $150.00 Student/Junior Rate under 21 -0- $250.00 Add each Sibling -0- $150.00 Green Fees — 18 Holes $ 24.00 $ 28.00 Green Fees — 9 Holes $ 14.00 $ 18.00 Cart Fees — 18 Holes $ 14.00 $ 16.00 Cart Fees — 9 Holes $ 8.00 $ 9.00 4329 24 September 2007 WHEREAS, The High School Golf Team and Coaches shall gain approval from the Golf Pro as to the time and days that they are allowed to play. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the proposed fees shall take effect October 1, 2007. ADOPTED THIS 24th DAY OF September , 2007. M. ATTEST: Geniece W. Johnson, City erk RESOLUTION NO. 1412-07 ATTACHMENT NO.2 NEW RECREATION CENTER FEES WHEREAS, The Governing Body of the City of Fairhope hereby proposes the following fees for the City of Fairhope Recreation Center which includes pool, gyms, fitness, etc.: Daily $ 5.00 10-Pack (10 Visits) $ 40.00 Monthly Single $ 45.00 Couple $ 55.00 Family $ 65.00 Quarterly "Taste of The Club" Single $120.00 Couple $150.00 Family $180.00 Yearly Single $360.00 Couple $420.00 Family (immediate family only) $480.00 Senior Single (55 and over) $320.00 Senior Couple (55 and over) $375.00 4330 24 September 2007 Rates for Persons outside the City of Fairhope's School Zone (Can purchase daily or yearly pass only) Daily $ 5.00 Yearly Single $500.00 Couple $650.00 Family $800.00 The Fairhope School zone boundaries are: • North of Windingbrook within Montrose • Across Highway 98 aka Greeno Road • Below Daphmont • To Fish River • Drop South to Weeks Bay • And back to Mobile Bay. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the proposed fees shall take effect October 1, 2007. ADOPTED THIS 24th DAY OF September , 2007. Tim by M. ant, Mayor ATTEST: Geniece W. Johnson, City Cle Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the one-time lump sum payment for City Retirees as provided for by said Act 2007-257. Nancy Wilson, Treasurer reported that our cost was $15,345.00 and would be divided in nine equal parts from January through December. We have 54 retirees and this is not in the budget. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Council President Gentle challenged the Mayor and Council to get the $15,345.00 for paying this lump sum amount. 4331 24 September 2007 RESOLUTION NO. 1413-07 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Section 2 of Act 257 of the Regular Session of the 2007 Legislature. The City of Fairhope agrees to provide all funds necessary to the Employee's Retirement System to cover the cost of the one-time lump sum payment as provided for by said Act for those eligible employees retired from the City of Fairhope with the aforementioned increase being paid on or about December 17, 2007. ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. M. Attest: Geniece W. Johnson, Cy Clerk I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 1413-07 passed, approved, and duly adopted on 24th September 2007. Geniece W. Johnson, City Clerk Date Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an appropriation of $6,000.00 to the Eastern Shore Chamber of Commerce. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 4332 24 September 2007 RESOLUTION NO. 1414-07 WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern Shore Chamber of Commerce, making an appropriation of $6,000.00. WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2007 and ending 30 September 2008; but the contract shall be cancelled at any time upon notice. WHEREAS, payment shall be made monthly in the amount of $125.00 from the General Fund and $125.00 from each of the 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 Eastern Shore Chamber of Commerce. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 1414-07 passed, approved, and duly adopted on 24th September 2007. Geniece W. Johnson, City Clerk Date Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an appropriation of $30,000.00 to the Fairhope Rotary Boys and Girls Club. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 24 September 2007 RESOLUTION NO. 1415-07 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 2007 and ending 30 September 2008; 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 24th DAY OF SEPTEMBER, 2007. J Attest "0 7,0g�� Geniece W. Johnson, City Cr I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 1415-07 passed, approved, and duly adopted on 24th September 2007. Geniece W. Johnson, City Clerk Date Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an appropriation of $10,000.00 to the Ecumenical Ministries, Inc. of Fairhope. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4334 24 September 2007 RESOLUTION NO. 1416-07 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. • 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. • EMMYS 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. 4335 24 September 2007 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 2007 - 2008 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 24th DAY OF SEPTEMBER, 2007. ATTEST: t/ Geniece W. Johnson, I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 1416-07 passed, approved, and duly adopted on 24th September 2007. Geniece W. Johnson, City Clerk Date 4336 24 September 2007 Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an appropriation of $3,500.00 to the American Red Cross — Alabama Gulf Coast Chapter. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO.1417-07 WHEREAS, a contract shall be executed between the City of Fairhope and the American Red Cross, Alabama Gulf Coast Chapter, making an appropriation of $3,500.00. WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2007 and ending 30 September 2008; but the contract shall be cancelled at any time upon notice. WHEREAS, payment shall be made in the amount of $3,500.00 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 American Red Cross, Alabama Gulf Coast Chapter. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. K k' �/C--� M. Attest Geniece W. Johnson, City Cler I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 1417-07 passed, approved, and duly adopted on 24th September, 2007. Geniece W. Johnson, City Clerk Date 4337 24 September 2007 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing an appropriation of $3,500.00 to The Lighthouse, Baldwin County Family Violence Project. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1418-07 WHEREAS, The Lighthouse, Baldwin County Family Violence Project, is funded in part by the Law Enforcement/Traffic Safety Division of the Alabama Department of Economic and Community Affairs. The program currently has a full time Sexual Assault Counselor and a full time Sexual Assault Specialist and serves Baldwin. WHEREAS, The Sexual Assault Counselor works directly with adult victims of rape and sexual assault and their families/significant other providing assessment and counseling services. WHEREAS, The Sexual Assault Specialist is responsible for recruiting, training, and coordinating volunteer advocates to respond to adult victims of rape and sexual assault in the crisis situation as requested by law enforcement or hospital emergency room staff. The Sexual Assault Specialist will also be involved in developing and implementing rape prevention programs throughout the county. WHEREAS, there are several other services provided by this program for sexually assaulted victims. WHEREAS, the Lighthouse provides a Domestic Violence Program were the following services are provided: • Twenty-four hour Crisis Line • Safe, Confidential shelter • Individual Crisis Counseling • Support Groups • Direct services provided to children while in the shelter • Court advocacy and accompaniment • Training on issues relating to domestic violence • Speakers Bureau • Elementary School Programs • Dating Violence Date Rape Program While the Lighthouse is excited to be in the position to offer these needed services for the residents of Baldwin County, the Lighthouse needs the support to continue to provide these and other services. 4338 24 September 2007 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 Contractual Agreement between the City of Fairhope and The Lighthouse, Baldwin County Family Violence Project, to support the Lighthouse domestic violence program and sexual assault program, in the amount of $3,500.00. Adopted on this the 24th day of September, 2007. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution accepting all of Fairhope's public utilities within Greythorne Estates. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1419-07 WHEREAS, the Owners of Greythorne Estates desire to have all public utilities dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2330A, 2330B, 2330C, 2330D, located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the 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; 4339 24 September 2007 WHEREAS, the City of Fairhope, Alabama, has received from the owners of Greythorne Estates maintenance bonds for the public utilities 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 utilities indicated herein for Greythorne Estates are hereby accepted for public maintenance subject to the bond posted. Adopted, this 24th day of September, 2007. imo y M. r ant, Mayor Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the segment of Bishop Road between U.S. Highway 98 and County Road 13 within the city limits only for maintenance by the City of Fairhope from the Baldwin County Highway Department. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1420-07 WHEREAS, based on the formal request by the Baldwin County Highway Department, that the City of Fairhope is hereby accepting for maintenance, from the Baldwin County Highway Department, the segment of Bishop Road between U.S. Highway 98 and County Road 13 within the city limits only, and; WHEREAS, This acceptance is a follow up based on the action taken by the City of Fairhope under Resolution No. 464-03, passed on May 27, 2003, and; 4340 24 September 2007 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the segment of Bishop Road between U.S. Highway 98 and County Road 13 within the city limits only will be accepted for maintenance by the City of Fairhope from the Baldwin County Highway Department. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. TIP"hy M. Kant, Mayor Attest: Q: - " 'j � , /'�� eniece W. Johnson, CRtlerk I, Geniece W. Johnson, duly appointed City Clerk of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1420-07 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 24th day of September, 2007. Geniece W. Johnson, City Clerk Date Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution accepting Courthouse Road from the centerline of County Road 48 (Fairhope Avenue) 500 linear feet North to the end of public right-of-way (to the North boundary of Courthouse property) within the city limits only, for maintenance by the City of Fairhope from the Baldwin County Highway Department. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4341 24 September 2007 RESOLUTION NO. 1421-07 WHEREAS, based on the formal request by the Baldwin County Highway Department, that the City of Fairhope is hereby accepting for maintenance, from the Baldwin County Highway Department, Courthouse Road from the centerline of County Road 48 (Fairhope Avenue) 500 linear feet North to the end of public right-of-way (to the North boundary of Courthouse property) within the city limits only; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Courthouse Road from the centerline of County Road 48 (Fairhope Avenue) 500 linear feet North to the end of public right- of-way (to the North boundary of Courthouse property) within the city limits only will be accepted for maintenance by the City of Fairhope from the Baldwin County Highway Department. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. Attest: Q�201"..4 /;�0011 A/ Geniece W. Johnson, 9 Clerk I, Geniece W. Johnson, duly appointed City Clerk of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1421-07 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 24th day of September, 2007. Geniece W. Johnson, City Clerk Date Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution accepting Fairhope Avenue (County Road 48) from U.S. Highway 98 a/k/a Greeno Road to State Highway 181 within the city limits only, for maintenance by the City of Fairhope from the Baldwin County Highway Department. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 4342 24 September 2007 RESOLUTION NO. 1422-07 WHEREAS, based on the formal request by the Baldwin County Highway Department, that the City of Fairhope is hereby accepting for maintenance, from the Baldwin County Highway Department, Fairhope Avenue (County Road 48) from U.S. Highway 98 a/k/a Greeno Road to State Highway 181 within the city limits only, and; f NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Fairhope Avenue (County Road 48) from U.S. Highway 98 a/k/a Greeno Road to State Highway 181 within the city limits only will be accepted for maintenance by the City of Fairhope from the Baldwin County Highway Department. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. Attest: Geniece W. Johnson, 96 Clerk I, Geniece W. Johnson, duly appointed City Clerk of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1422-07 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 24th day of September, 2007. Geniece W. Johnson, City Clerk Date Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution accepting 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) within the city limits only, for maintenance by the City of Fairhope from the Baldwin County Highway Department. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 4343 24 September 2007 RESOLUTION NO. 1423-07 WHEREAS, based on the formal request by the Baldwin County Highway Department, that the City of Fairhope is hereby accepting for maintenance, from the Baldwin County Highway Department, 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) within the city limits only, after the following conditions are met: 1. The County repairs deficient edges of asphalt road 2. The County resurfaces said roadway 3. The County repairs deficient drainage systems on the right-of-ways WHEREAS, this new resolution for Thompson Hall Road will supercede the recently passed Resolution No. 1394-07, which included a two-year delay in formal acceptance by the City of Fairhope after said repairs were made, 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 (a/k/a Fairhope Avenue) within the city limits only, will be accepted for maintenance by the City of Fairhope from the Baldwin County Highway Department. DULY ADOPTED THIS 24th DAY OF SEPTEMBER, 2007. Kant, Mayor Attest: c>g�-e 4) G niece W. Johnson, ity Clerk I, Geniece W. Johnson, duly appointed City Clerk of the City of Fairhope, Alabama, do hereby certify that Resolution No. 1423-07 is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 24th day of September, 2007. Geniece W. Johnson, City Clerk Date 4344 24 September 2007 Councilmember Stankoski questioned Jennifer Fidler about Manley Road. Why have we not accepted this road? Don't we have a two-year agreement? Ms. Fidler stated that we could go into a two-year agreement as long as both parties agree with the terms of the agreement. The County performed the work, but before the two years were up places in the road were bad and there are drainage problems. The City Council reviewed an application for a Restaurant Liquor License by Roger N. Lartigue dba Lartigue's Seafood, Inc., located at 19344 Scenic Highway 98, Fairhope, Alabama. (Tabled at the September 10, 2007 meeting) Councilmember Quinn moved to untable the issuance of the license. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. After discussion with Police Chief Comalander regarding Lartigue's application, Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by Leodis Mitchell, dba Mitchell's Snack Bar, located at 307 Young Street, Fairhope, Alabama. Due to questions that the Council had and Mr. Mitchell not present, this application was tabled. Councilmember Stankoski moved to table the issuance of the license. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Christenberry moved to approve the charge -off of 2002-2003 un-collectible utility accounts. These accounts total $71,677.87. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Sherry Sullivan introduced Item No. 21 the request of Page & Palette and the Downtown Business Association for the City of Fairhope to fund a speaker for the local merchants. Ginger Milligan, owner of Fantasy Island Toys, addressed the Mayor and City Council regarding Jeff Milchen, the speaker in question. Ms. Milligan stated that several of the members were not present at the last meeting for the Fairhope Merchant's Association when they decided to request funding of this speaker. Ms. Milligan said she was not sure that endorsing the speaker was the right choice right now. Council President Gentle mentioned that Diane Douglas, owner of In the Company of Angels, sent an e-mail to the Mayor and City Council members stating she did not support the city's financial involvement in this venture. After further discussion, Councilmember Stankoski moved to table the request for the City of Fairhope to fund a speaker for the local merchants. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4345 24 September 2007 Gregg Mims, Planning Director, and Jennifer Fidler, Public Works Director, addressed the Mayor and City Council to report on the large live oak tree on Charles Bassett's property. Mr. Mims reported that Planning is beginning to review the plans for the hotel and parking garage. Ms. Fidler stated initially the tree measured 54 inches and now it is 57 inches. She has met with Mr. Charles Bassett and Mr. John Pate regarding the oak tree. Formwalt's Tree Service, Inc. was hired by John Pate to inspect the live oak tree and report his findings. Cleveland Formwalt, Jr. wrote, "If the tree is to remain I suggest the following: • All pruning to be supervised by a Certified Arborist. • All trenching around the tree be done by hand, and any roots be cut by hand. • Fertilize the tree before anything is done. • Mulch the root area to keep compaction down, and keep as much traffic off the root system as possible. • The lightning struck limb should be treated. • This tree will need maintenance after construction (watering, fertilization, and pruning). • The side over the existing building should have very little pruning (deadwood, low limbs to clear building only). Ms. Fidler met again with Mr. Bassett. He stated that John Pate, the developer, agrees with and will comply with the seven points of the Formwalt letter. Mr. Pate also agrees with the requests by the Fairhope Tree Committee: • Remove pavers from the courtyard and replace with crushed stone • Change sprinkler system to a drip system The hotel and courtyard footprint comply with what was approved during the site review process by the City Council and Planning Commission. Ms. Fidler commented that she feels like Mr. Bassett truly wants to keep the tree. Mr. Charles Bassett addressed the Mayor and City Council stating that the live oak tree is not only an asset to the City of Fairhope, but also to the hotel. He pointed out that the tree is actually 100 feet back from the building and the view shown here, as an example is not the only view. He commented that he met with the City of Fairhope two or three times and also the Tree Committee several times regarding this issue. 4346 24 September 2007 Ms. Fidler said she has received several letters about the tree cutting. Ms. Fidler stated that this was just a public notice and awareness that this live oak tree is going to be cut. Councilmember Stankoski stated the issue is progress, development, and saving the tree: 1) Parking garage - more parking. 2) Hotel - add to downtown Fairhope. 3) Tree — hired a consultant, gave items to be addressed, and Bassett has agreed Councilmember Quinn suggested that the Tree Committee reevaluate the guidelines and/or process for tree cutting. Council President Gentle asked Ms. Fidler to supervise the cutting of the live oak tree. Councilmember Christenberry stated that Mr. Bassett has gone through our hoops and did everything we have asked. Lightning has struck the tree and its effects will not be seen until a later date. Councilmember Quinn asked that the Tree Committee bring back some recommendations for future trees. Mr. Skinner, neighbor next door to Bassett property, stated that he wanted the whole tree trimmed. Mr. Pate replied that the tree expert said very little would need to be trimmed on Mr. Skinner's property. Mary Daves, citizen of Fairhope, addressed the Mayor and City Council requesting the following: 1) The parking in front and on the side of the Library should be designated for Library customers only. 2) Some of the flowers need to be trimmed in order to see when backing out. 3) When the School of Nursing opens, nursing students should park in the back of the Library. Councilmember Quinn inquired about the information on growth issues requested at the September 10, 2007 City Council meeting. Police Chief Comalander approached the dais and hand delivered reports from the Fairhope Police Department and Fairhope Volunteer Fire Department how many calls are outside the city limits, how much time is spent on these calls, and how many calls per day to the Mayor and City Council. L191VA 24 September 2007 There being no further business to come before the City Council, the meeting was duly adjourned at 7:25 p.m. n Robert C. Gentle, Council President 4isaHaAks, Assistant City Clerk