HomeMy WebLinkAbout11-26-2007 Regular Meeting4398
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session at
5:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 26 November 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 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 Stankoski gave the
invocation. Councilmember Quinn moved to approve minutes of the November 8,
2007, regular meeting. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Mayor's Comments and Staff Reports:
• Councilmember Ford congratulated Councilmember Quinn for being on the
National Convention Committee.
• Mayor Kant gave an update of all the injured Firemen.
• Sherry Sullivan presented a PowerPoint Presentation on the activities of the
James P. Nix Activity Center.
Mayor Timothy M. Kant presented the following Proclamation proclaiming
the Month of December National Animal Shelter Month. Barry Roberts, President of
the Haven Board addressed the City Council stating that the Haven has the best
adoption services.
THE HAVEN'S
HOME FOR THE HOLIDAYS CAMPAIGN
WHEREAS, NATIONAL ANIMAL SHELTER APPRECIATION WEEK
WAS CELEBRATED THE FIRST WEEK IN NOVEMBER; AND
WHEREAS, THE HAVEN PROVIDES A WONDERFUL SERVICE TO THE CITIZENS
IN CARING FOR AN UNWANTED PET POPULATION IN FAIRHOPE AND THE OUTLYING
AREAS AND HAS ESTABLISHED A PROGRAM THAT BRINGS AWARENESS TO THE
FAIRHOPE CITIZENS 'THROUGH THEIR FUNDRAISING AND PET ADOPTION DAYS HELD
THROUGHOUT THE YEAR.
NOW THEREFORE, 1, TIMOTHY M. KANT, AS MAYOR DO
RECOGNIZE BY THIS PROCLAMATION THE SERVICE BEING DONE BY THE STAFF, THE
MANY VOLUNTEERS, AND LOCAL. VETERINARIANS, AND EXPRESS OUR SINCERE
APPRECIATION TO THEM FOR FILLING THIS MOST IMPORTANT NEED IN OUR
COMMUNITY.
26 November 2007
Mayor Kant recognized Harold Jording. Mr. Jording is retiring from the
Welcome Center. Mr. Jording is 93 years old, and has been helping at the Welcome
Center since the first week that it opened.
Mr. Lyle Stephens has submitted a written request to pull the Public Hearing
on a Lounge Liquor License by Lyle Stephens, d/b/a 32 Degrees, located at 329 South
Greeno Road, Suite E and F, Fairhope, Alabama. No Public Hearing will be held at
this time.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution as long as this is not going to cost the City any money now nor
in the future. This is a resolution consenting to the formation of Fairhope Falls
Improvement Districts under Chapter 99A of Title 11 of the Code of Alabama 1975.
Seconded by Councilmember Christenberry, motion passed by the following voice
votes: AYE- Stankoski, Christenberry, Ford, and Gentle. NAY- None. ABSTAIN -
Quinn. Councilmember Quinn exited the dais at 7:00 p.m. and returned once the vote
was taken.
RESOLUTION NO. 1432-07
A RESOLUTION CONSENTING TO THE FORMATION OF FAIRHOPE
FALLS IMPROVEMENT DISTRICTS UNDER CHAPTER 99A OF TITLE 11
OF THE CODE OF ALABAMA 1975
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA
(the "City"), as follows:
Section 1. Upon evidence duly presented to and considered by it, the City has found and
determined, and does find, determine and declare as follows:
(a) Fairhope Falls, LLC, owns certain real property in Baldwin County,
Alabama ('Baldwin County") outside the corporate limits of the City.
(b) (i) Fairhope Falls, LLC has petitioned Baldwin County to
form six contiguous improvement districts (collectively the
"District") under Chapter 99A of Title 11 of the Code of Alabama
1975 (the "Enabling Law") with respect to such real property.
(ii) For the information of the City for purposes of this
resolution, a true and correct copy of each petition with respect to
the District which Fairhope Falls, LLC will submit to Baldwin
County is attached hereto
(c) In that the real property proposed to be included within the District is within
the territorial jurisdiction of the City over the subdivision of land under
Section 11-52-30(a) of the Code of Alabama 1975, the consent of the City
is required under Section 11-99A-4(b) of the Code of Alabama 1975 to the
formation of the District.
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26 November 2007
(d) The formation of the District:
(i) will not create or result in, or authorize any person to
create, any abatement or exemption of any tax levied by, or for the
benefit of, the City;
(ii) will not create or result in, or authorize any person to
create, any obligation (whether direct, indirect or contingent) of the City;
(iii) will not affect, impair, or restrict, in any manner, the
exercise of any power or authority of the City under the laws of the State of
Alabama (including without limitation Section 11-52-30(a)).
(e) Under the Enabling Law, the District will have no authority or power to
create any obligation (direct, indirect or contingent) of the City.
Section 2. On the basis of the representations set forth in Section 1, and solely for the purposes
of Section 11-99A-4(b) of the Enabling Law, the City does hereby consent to the
formation of the District. The consent of the City provided hereby is not an approval
of the formation of the District under Section 11-99A-4(f) of the Enabling Law.
Section 3. The officers of the City are hereby authorized and directed to execute and deliver
such other certificates, documents and notices, and take such actions, as shall be
necessary or desirable to effect the transactions referenced herein.
Section 4. This resolution shall take effect immediately.
Duly approved and adopted this 26th day of November, 2007.
SEAL
Attest:
Geniece W. Johnson, City C
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution accepting all of Fairhope's public utilities within
Cedar Groves Estates Subdivision. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
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26 November 2007
RESOLUTION NO. 1433-07
WHEREAS, the Owners of Cedar Grove Estates desire to have all public utilities
dedicated on the plat filed for record in the Probate Records of Baldwin County,
Alabama, on Slide 2365E, 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 Water Superintendent 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;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Cedar
Grove 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
Cedar Grove Estates are hereby accepted for public maintenance subject to the bond
posted.
Adopted, this 26th day of November, 2007.
Ti y MI Kaft, Mayor
Attest:
tO '
eniece W. Johnson, rty Clerk
Charlie Bassett, Vice President of the Airport Authority, explained that the
Festival of Flights will take place on May 17, 2008, and would only be a one day
event. Mayor Kant explained that the Airport Authority expressed that they would
not be having a Festival of Flight in 2008; therefore, this event was not budgeted.
Last year this event was funded by the Airport Authority's appropriation monies.
Mayor Kant also expressed that since the Council voted not to increase the budget the
decision of how to fund this event will have to be decided on if the Council grants the
request.
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26 November 2007
Councilmember Quinn moved to grant the request of the Fairhope Airport Authority
requesting $51,000.00 and an in -kind services appropriation from the City of
Fairhope for the Fairhope Festival of Flight 2008, and the decision of how to fund this
event will be decided on at a later date. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
Councilmember Stankoski moved to authorize the sale of Surplus Property
and the disposal of any item not sold in the proper manner. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
TABULATION & RECOMMENDATION
Identification: "TENTS - NEW YEARS EVE"
Bids opened on:November 02, 2007 at: 10:00 a.m.
Tent Rentals and other equipment for New Years Eve Celebration — Downtown Fairhope.
VENDOR:
QTY.' ITEM:
RENTAL•.
SET-UP
TOTAL OF
TOTAL PRICE:
PRICE €A.
PRICE.
RENTAL &
SET-UP
25 - 20' x 20' Tent with
$190.00
$40.00
$230.00
Blue Rents, Inc.
Sides
Mobile, AL
$100.00
$40.00
$140.00
$7655.00
4 - 10' x 10' Tent with
$60.00
-0-
$60.00
Sides
$145.00
$40.00
$185.00
27 - Tent Heaters
25 - 20' x 20' Tent with
Sides
Port City
NO
NO RESPONSE
NO
NO RESPONSE
Rentals, Inc.
4 - 10' x 10' Tent with
RESPONSE
RESPONSE
Mobile, AL
Sides
24 - Tent Heaters
25 - 20' x 20' Tent with
$275.00
$75.00
$350.00
Miller's Grand
Sides
Events
$10.00
$25.00
$125.00
$10,125.00
Fairhope, AL
4 - 10' x 10' Tent with
$50.00
-0-
$50.00
Sides
$185.00
$50.00
$235.00
24 - Tent Heaters
Recommendation: To accept the low bid of Blue Rents, Inc., Mobile, Alabama, for the total price of
$7,655.00. All specifications have been met.
Sherry Sullivan,
Event Coordinator
Daniel P. Ames,
Purchasing Manager
Councilmember Ford moved to accept the low bid of Blue Rents, Inc.,
Mobile, Alabama, provided all specifications are met, for the rental of Tents for New
Year's Eve Celebration - $7,655.00. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote. This purchase will be funded by the
Electric, Gas and Water/Sewer Departments.
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26 November 2007
TABULATION I RECOMMENDATION
Identification: "BACK DOOR GARBAGE BODY"
NOTE: RECONFIRMED AVAILABILITY AND PRICE 11-14-07.
Bids open on: May 17, 2007
at: 10:30 a.m.
Back Door Garbage Body to be used for garbage pick-up at residence within the city.
The Truck Frame is on the State of Alabama Bid Contract.
VENDOR:
MANUFACTURER:
MODEL:
TOTAL
DELIVERY
BID:
TIME:
TRUCK EQUIPMENT SALES
Diamond
Mobile, AL
New Way
Back 81-11C
$34,838.00
60-90 Days
SANSOM EQUIPMENT CO.
Birmingham, AL
NO BID
INGRAM EQUIPMENT CO.
Pelham, AL
NO BID
GULF CITY BODY & TRAILER WORKS
Mobile, AL
NO RESPONSE
It is recommended to accept the bid from TRUCK EQUIPMENT SALES, Mobile, AL. All specifications have
been met. See attached letter from Jennifer Fidler.
Jennifer Fidler,
Public Works Director
Wayne Smith,
Purchasing Agent
Councilmember Christenberry moved to accept the low bid of Truck
Equipment Sales, Mobile, Alabama, provided all specifications are met, for the
purchase of a Back Door Garbage Truck for the Sanitation Department in the amount
of $34,838.00. This is only the body of the truck. Seconded by Councilmember
Ford, motion passed unanimously by voice vote. This purchase will be funded by
General Fund.
Councilmember Quinn moved to reject Bid/Contract by James Bros.
Excavating, Inc. for the Water/Sewer Department for the Aeration Tank Cleaning for
Waste Water Treatment Plant due to the scope and required specifications of the
project are much larger and quite different than originally advertised. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
Councilmember Ford moved to approve the Emergency Repairs by the
Water/Sewer Department for the Waste Water Treatment Plant repairs on the
Aeration Tank, in the amount not to exceed $31,896.71. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote. This
purchase will be funded by Water/Sewer Fund.
4404
26 November 2007
Councilmember Christenberry moved to address the following item not on the
printed agenda. Seconded by Councilmember Quinn, motion passed unanimously
by voice vote.
Councilmember Ford moved to accept the state bid for the Chassis of the
Back Door Garbage Truck. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Councilmember Christenberry moved to address the following item not on the
printed agenda. Seconded by Councilmember Stankoski, motion passed unanimously
by voice vote.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing a letter of support for a
trail/sidewalk down Booth/Bishop Road from Nichols to Twin Beech aka the Safe
Routes to School grant. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
RESOLUTION NO. 1434-07
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to write a
letter to Robert Jilla with the Alabama Department of Transportation, Bureau of Modal
Programs, informing them that the Fairhope City Council supports the grant for a
trail/sidewalk down Booth/Bishop Road from Nichols to Twin Beech a/k/a the Safe Routes to
School grant.
Adopted this 26th day of November, 2007.
Attest:
Geniece W. Johnson, Jerk
Councilmember Christenberry moved to address the following item not on the
printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution accepting the public streets, public right-of-way,
and all of Fairhope's public utilities within North Village At Stone Creek Subdivision
for maintenance. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
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26 November 2007
RESOLUTION NO. 1435-07
WHEREAS, the Owners of North Village At Stone Creek desire to have all public
streets and public right-of-ways dedicated on the plat filed for record in the Probate
Records of Baldwin County, Alabama, on Slide 2369-B, 2369-C and all Fairhope
public utilities located in public right-of-ways accepted for maintenance by the City
of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers
of the project that the design and capacity of the public improvements have been
designed in conformance with City requirements as indicated on the recorded plat,
and;
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;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of North
Village At Stone Creek maintenance bonds for the public improvements constructed
for a period of 2 years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for North Village At Stone Creek are hereby accepted for public maintenance subject
to the bond posted.
Adopted, this 26th day of November, 2007
M.Wany, Mayor
Attest:
Geniece W. Johnson, ty erk
4406
26 November 2007
Councilmember Christenberry moved to address the following item not on the
printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
The 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. This item was tabled at the September 24, 2007 Regular City Council
meeting. Councilmember moved to untable this item. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote. Councilmember Christenberry
then moved to approve the issuance of the license. Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
There being no further business to co before the City Council, the meeting
was duly adjourned at 7:35p.m.
ti
Robert C. Gentle, Council President
eniece W. Johnson, City Cl