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Home My WebLink About09-22-2008 Regular Meeting!�ILIN 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, 22 September 2008. 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 Lisa A. Hanks. There being a quorum present, Council President Gentle called the meeting to order. The invocation was given by George Yeend, Deacon at St. Lawrence Catholic Church and the Pledge of Allegiance was recited. Councilmember Quinn moved to approve minutes of the September 8, 2008, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Sherry Sullivan made the following announcements: • Walk Your Child to School Day will be October 8, 2008. • We will be celebrating Public Power Week on Thursday, October 9, 2008, from 4:00 p.m. to 6:00 p.m. at the Fairhope Municipal Pier South End Park. • Rose Fogarty, Finance Director, was presented with The Certificate of Achievement for Excellence in Financial Reporting that was awarded to the City of Fairhope by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. • Council President Gentle announced that Councilmember Quinn was appointed to the Nominating Committee for the National League of Cities. Mayor's Comments and Staff Reports: • Mayor Kant thanked Rose Fogarty and her department for all of their hard work in obtaining The Certificate of Achievement for Excellence in Financial Reporting. • Rose Fogarty, Finance Director, and Nancy Wilson, City Treasurer, presented the following PowerPoint presentation no action was taken by City Council. 4703 22 September 2008 CITY OF FAIRHOPE CITY COUNCIL MEETING SEPTEMBER 22, 2008 SUMMARY FINANCIAL REPORTS ELEVEN MONTHS ENDED 8/31 /2008 Slide 1 GENERAL FUNDAFTER ADJUSTMENT WITH YMB1310 YTD 8131/07 PRDPERTY TAXES 11 MONTHS 11 MONTHS YTD INCREASE (DECREASE) REVENUES 17,359,910 19258.130 (1,898,220) EXPENSES 19,0583 19,072.4 (13,724) EXCESS REV OVER (UNDER)EXP. (1,698.856) 185,640 (1,884,496) OUTSTANDING PROPERTYTAXES 1,500,DD0 EXCESS REV. OVER (UNDER)EXP. AFTER PROP TAXES RECVD (198.856) 195.640 (384496) Slide 3 GAS FUND AFTER ADJUSTMENT YTD YTD 813VOS YTO 8131/07 INCREASE 11 MONTHS 11 MONTHS (DECREASE) REVENUES 7,348,309 7,058.840 299.469 COST OF ENERGY 3.952,392 3.397,024 SS5,368 EXPENSES 3,138,521 2979341 158.780 EXCESS REV. OVER (UNDER)EXP. 257,396 682.075 (424,679) GENERALFUND YTD YTO AUGUST AUGUST 11 11 14CRFASE 2008 . MONTHS MONTHS (DECREASE) REVENUES 1,349.448 1.663.201 17.665.473 19,258.130 (1,592,657) EXPENSES 2,081.022 1.K5.9fi4 19,056,766 19072A (13,724) EXCESS REV. OVER"DERIEXP. (731,574) (141.867) (1,393293) 165.640 (1,578,933) Slide 2 GAS FUND YTD YTD 8/31M 8/31N7 YRI AUGUST AUGUST 11 11 INCREASE 008 22W7 MONTHS MONTHS (DECREASE) REVENUES 470,367 373,292 7.3483W 7.058,940 209.469 COST OF ENERGY 231,240 139,676 3.962,392 3.397,024 555.368 EXPENSES 297.1114 524.242 3,163,714 2,979,741 193,973 EXCESS REV. MR(UNDER)EXP. (58,057) (290,628) 232= 682.075 (449.872) Slide 4 ELECTRIC FUND YTD YTD 831108 Bp18)7 YTD AUGUST AUGUST 11 11 INCREASE 2008 2007 MONTHS MONTHS (DECREASE) REVENUES 1,903,602 1.890.563 15,908779 14.750.700 1.148,079 COST OF ENERGY 1,375V2 1450,289 10.211.041 8.789,044 1421,997 EXPENSES 5311.410 434.9fi0 5.48C317 5070.9544 413.328 EXCESS REV. OVER (8,389) 5,314 211,426 898.672 (687,246) Slide 5 Slide 6 4704 22 September 2008 ELECTRIC FUND AFTER ADJUSTMENT YTDAf3IM YTD&/31A17 YTD INCREASE 11 MONTHS 11 MONTHS (DECREASE) REVENUES 15,906,T79 14,758.700 1,148,079 COST OF ENERGY 10211.041 8,789,044 1.421997 EXPENSES 5203,942 5970,984 132,958 EXCESS REV. OVER (UNDER)EXP. 491,796 898,672 (406,076) Slide 7 LF F N YTD YTD 8131M 8131/07 Y10 AUGUST AUGUST 11 11 INCREASE 2009 2007 MONTHS MONTHS (DECREASE) REVENUES 112.939 121,145 1,353257 1.373.346 (M1089) EXPENSES 158,534 173.321 1,473,023 1.378/52 94,371 EXCESS REV. OVER NNDERIEXP. (45,595) (14,176) (120.566) (6,106) (114,460) Slide 9 ALL FUNDS WITH PROPEL Ym YTD TAXES RCVBLE 01310 8131107 YTD AUGUST AUGUST 11 11 INCREASE 200E 2007 MONTHS MONTHS (DECREASE) REVENUES 4,558071 4,738,39E 49,795.066 50.350.176 (555.110) EXPENSES 5,395,795 5538.91E 59919,558 46221.128 2.698,430 EXCESS REV. OVER (845.724) (800,520) (1,124,492) 2,129,048 PROPERTYTAX TO BE RECVD j,59.979 EXCESS REV. OVER NNDER) EXP. WITH PROP TAX RECVO. 375,50E WATER FUND YTD YTD 8131/08 $13V07 YTD AUGUST AUGUST 11 11 INCREASE 2W8 2007 MONTHS MONTHS (DECREASE) REVENUES 713.715 688,197 7,521248 7.901.160 (379,912) COST OF ENERGY 58.124 60.006 002,476 S83.T75 18.701 EXPENSES 657700 98726 9.973,034 9.84881E 24.416 EXCESS REV. OVER(UNDER(EXP. (2,109) (359.163) (54262) 360,767 (423,029) Slide 8 ALL FUNDS YTO Yr0 813110E 8131107 YTD AUGUST AUGUST 11 11 INCREASE 2008 2007 MONTHS MONTHS (DECREASE) REVENUES 4,S50,071 4.736,398 49.795,066 50,3%.176 (5m.110) EXPENSES 539.395 5.578.91E 50,919.5 48221.12E 2,698,130 EXCESS REV. OVER (545.724) (000,520) (1,124.492) 2,129.048 Slide 10 CASH BALANCES BALANCE® BALANCE® BALANCE® 8131/2008 7/31/2000 8/312W7 GENERALFUND 1,314,488 1,039,627 1,960.135 GASFUND 296,649 305,739 692.022 ELECTRIC FUND 1.399.565 1275,695 2.097.646 WATER FUND 3.313.739 3225,340 42M.862 GOLF FUND 65.531 94.957 96.W3 GAS TAX FUND 63,228 111,505 329,714 CAPITALPROJECTS 2.250,075 2,331.197 3,883,616 CAPPROJIIBRARY 12,709 12701 92,701 TOTALS 8.745,964 9.197.761 13A47,099 LESS WARRANTS (1,910.053) (1,899.394) (4,384,933) LESS SINKING (1,970,045) (1,856.937) (1,970,665) CASHAVAILABLE 4,965.886 5.431,430 6,991.501 Slide 11 Slide 12 4705 22 September 2008 GENERAL FUND - CASH auRREsrRErsOcesX BRE 77RE 7E0 CASX Slide 13 PROPRIETARY FUNDS - CASH Slide 14 • The following proclamation was presented by Mayor Kant Proclaiming October 5 thru October 11, 2008 as National Fire Prevention Week. Kevin Hempfleng, Fire Chief recognized the members of the Fairhope Volunteer Fire Department. _+'Fair-4ape, Alabumn Prorramation FIRE PREVENTION WEEK WHEREAS. FRE IS A SERIOUS PUBLIC SAFETY CONCERN BOTH LOCALLY AND NATIONALLY, AND HOMES ARE LOCATIONS WHERE PEOPLE ARE AT GREATEST RISK FROM FIRE; AND WHEREAS, COOKING IS THE LEAMNO CAUSE OP HOME FIRES AND HONE FIRE INJURIES, WHILE HEATING EQUIPMENT AND SMOKING ARE THE LEADING CAUSES OF HOME PIRE DEATHS; AND WHEREAS, FAIRHOPE'S FIRST RESPONDERS ARE DEDICATED TO REDUCING THE OCCURRENCE OF HOME FIRES AND HOME FIRE WJURIES THROUGH PREVENTION AND PROTECTION EDUCATION; AND WHEREAS, FAIRHOPE'S RESIDENTS WHO HAVE PUNNED AND PRACTICES A HOPE FIRE ESCAPE PLAIT ARE MORE PREPARED AND WILL THEREFORE BE MORE LIKELY TO SURVIVE A FIRE; AND WHEREAS, N THE nN FIRE PREVENTMN WEEK THEME -MS FIRE PREVENTION WEEK -PREVENT HOME FIRESI- EFFECTELY SERVES TO REMIND US ALL OF THE SIMPLE ACTIONS WE CAN TAKE TO STAY SAFER FROM FINE DURING FIRE PREVENTION WEEK AND YEAR-ROUND. NOW THEREFORE, I, TIMOTHY M. KANT, AS MAYOR DO HEREBY PROCLAIM OCTOBER FI1 M. AS FIRE PREVENTION WEEK AND URGE ALL OUR CITUMNS TO PROTECT THEIR HOMES AND FAMILIES BY HEEDING THE IMPORTANT SAFETY MESSAOES OF FIRE PREVENTION WEEK 188E AND TO 6UPPORT THE MANY PUBLIC SAFETY AC —TIES AND EFFORTS OF FAMNOPE'e FIRE AND EMERGENCY SERVICES. D wd... D A— L.....,do - - e—,m.......-.w..M'-o.od..,rr..-- — 4706 22 September 2008 Councilmember Christenberry introduced in writing Ordinance No. 1368, the Flood Damage Prevention Ordinance, an ordinance repealing Ordinance Number 1165 as adopted by the Fairhope City Council on March 13, 2003. Barry Fulford, Building Official, addressed the City Council and explained the changes in the new ordinance. Mr. Fulford stated that this was house cleaning of the ordinance. In order to take immediate action, Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1368. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY — none. Jennifer Fidler, Public Works Director, addressed the City Council and explained the MS-4 Permit agreement. Ms. Fidler stated that they wrote ADEM to act with Baldwin County and the Eastern Shore Cities. The City of Fairhope used to be on the same permit with Mobile County and now want to be separate. Therefore, we will not be fined for violations not caused by us. Each City will be liable for its own actions. After further discussion, Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute the Inter urisdictional Agreement for Stormwater Management by and among Baldwin County, Alabama, the Alabama Department of Transportation, the City of Spanish Fort, the City of Daphne, and the City of Fairhope. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4707 22 September 2008 RESOLUTION NO. 1462-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is authorized to execute the Interjurisdictional Agreement for Stormwater Management by and among Baldwin County, Alabama, the Alabama Department of Transportation, the City of Spanish Fort, the City of Daphne, and the City of Fairhope. Adopted on this 22nd day of September, 2008. Attest: Oisa. anks, Ci Clerk Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution approving and adopting the amended budget for FY 2007-2008. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1463-08 BE IT FURTHER RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the Amended Budget presented and reviewed at the Finance Meeting on the 2nd day of September 2008, be hereby approved and adopted for FY 2007-2008. ADOPTED THIS 22ND DAY OF SEPTEMBER, 2008. ATTEST: isa A. an , City Clerk 22 September 2008 Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to enter into an agreement with the State of Alabama Department of Transportation, acting by and through its Transportation Director, for relocation of utility facilities on private or public right-of-way work to be performed by state contractor — Project No. STPAA- 0181 (500). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1464-08 WHEREAS, The City of Fairhope shall enter into an agreement with the State of Alabama Department of Transportation, hereinafter referred to as the STATE, acting by and through its Transportation Director, for relocation of utility facilities on private or public right-of-way work to be performed by state contractor; and WHEREAS, the STATE proposes a project of certain highway improvements in Baldwin County, Alabama, said project being designated as Project No. STPAA-0181 (500) and consisting approximately of the following: Additional lanes on SR-181 from CR-64 to near SR-16 (US-90). Grade, drain, base, pave, and signals; and WHEREAS, the City of Fairhope is the owner of certain facilities located on private or public right-of-way, as applicable, at places where they will interfere with the construction of said project unless said facilities are relocated; and WHEREAS, the Transportation Director has determined that the relocation of the facilities hereinafter referred to is necessitated by the construction of said project and has requested or ordered, as applicable, the City of Fairhope to relocate same; and WHEREAS, under the laws of Alabama, the STATE is required to compensate the City of Fairhope for all or part of such relocation; and WHEREAS, the City of Fairhope not being staffed or equipped to perform the relocation, requests that the relocation work be included in the STATE' S Highway Construction Contract. The estimated cost of the "In -Kind" relocation including engineering is $1,355,136.54. The actual cost of relocation will not be reimbursed to the City of Fairhope but will be paid directly to the STATE'S contractor by the STATE as part of its contract. 4709 22 September 2008 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is authorized to execute an agreement between The City of Fairhope and State of Alabama Department of Transportation, hereinafter referred to as the STATE, acting by and through its Transportation Director, for relocation of utility facilities on private or public right-of-way work to be performed by state contractor. Adopted on this 22nd day of September, 2008. Attest: is Hanks, ity Clerk Chuck Zunk, Chairman of the Airport Authority, addressed the City Council and read the following letter which stated that on September 16, 2008, the Fairhope Airport Authority unanimously passed a resolution requesting the City of Fairhope to make a one-time reduction of $45,000 in its next monthly appropriation paid to the Fairhope Airport Authority. E3 4710 22 September 2008 Charles R. Zunk, Chairman Fairhope Airport Authority 161 N. Section Street _ Fairhope, Alabama 36532 Phone: 251-929-3966 Cell: 251-404-0628 &mail: Z4Bicvcle a aol.com September 16, 2008 Honorable Timothy M. Kant, Mayor City of Fairbope 161 N. Section St Fairhope, AL 36532 Dear Mayor Kant: The Fairhope Airport Authority, in its regularly scheduled meeting of September 16, 2008, unanimously passed a resolution requesting the City of Fairhope to make a one- time reduction of $45.000 in its next monthly appropriation paid to the Fairhope Airport Authority. In discussion before the vote upon the resolution, members of the Authority noted that falling interest rates are the primary reason that these excess funds are available. Given the many other pressing financial needs of the City at this time, the Authority wishes to make this savings available back to the City before the end of this fiscal year. Members of the Authority will review the interest rate situation again during the first half of the next fiscal year to determine if additional reductions of interest expense are being realized, which may also be passed back to the City. Sincerely, L�Xt Charles R. Zunk Chairman, Fairh pe Airport Authority CC: City Councilmember Mike Ford City Treasurer Nancy Wilson City Council President Bob Gentile City Clerk Lisa Hanks Councilmember Stankoski asked Mr. Zunk to explain the recent activity at the Fairhope Airport. Mr. Zunk said that due to Hurricane Ike heliports in the gulf were severely damaged. The Fairhope Airport has up to 25 helicopters daily. We are helping out the oil rigs; this is good for the community and our country. There are several hundred crew members at the Airport at any one time. 4711 22 September 2008 Councilmember Stankoski moved to approve HMR Engineering, LLC as consultant for the engineering services for gas line relocation project on State Road 181, from County Road 64 to just south of U. S. 90; ALDOT Project No. STPAA- 0101 (500). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Council President Gentle announced that item #11, the bid for one (1) 1000 KVA Transformer for the Fairhope Elementary School has been pulled from the agenda, at the request of Dan Ames, Purchasing Manager. Dan Ames, Purchasing Manager, addressed the City Council and requested to have the award of Bid No. 016-08 rescinded due to the awarded vendor's failure to meet the bid delivery requirements. Pursuant to Act No. 2008-379, Mr. Ames requested that the City Council award the bid to the second lowest responsible bidder. After further discussion, Councilmember Quinn moved to rescind the award of Bid No. 016-08, Combination Pole and Reel Trailer for $24,989 from Commercial Van Specialists, and award the bid to the second lowest responsible bidder, Sauber Manufacturing Company, for their bid price of $25,117. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Council President Gentle stated that Don Gordon Construction was hired as the construction manager at risk for the new Fairhope Recreation Center and solicited bids for the project. Bid Tabulation Aluminum Storefront Contractor Base Bid Port City Glass & Mirror.......................................................$ 156,460.00 Mobile Glass, Inc ............... ......... ......... ...........................$ 160,858.00 After further discussion, Councilmember Christenberry moved to accept the low bid of Port City Glass & Mirror, provided all specifications are met, for the aluminum storefront work at the Fairhope Recreation Center. Seconded by Councilmember Ford, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. 4712 22 September 2008 Bid Tabulation Gym Equipment Contractor Base Bid Alabama Contract Sales, Inc . ................................................$ 26,380.00 Covington Flooring, Inc---------------------------------------------------------$ 29,928.00 Councilmember Ford moved to accept the low bid of Alabama Contract Sales, Inc., provided all specifications are met, for the gym equipment at the Fairhope Recreation Center. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. Bid Tabulation Painting Contractor Melvin Pierce Painting, Inc. MCP Painting, Inc ................ Horton Painting, Inc ............. Base Bid ----------------------$ 60,375.00 ----------------------$ 60,900.00 ----------------------$ 67,223.00 Councilmember Quinn moved to accept the low bid of Melvin Pierce Painting, Inc., provided all specifications are met, for the painting work at the Fairhope Recreation Center. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. Bid Tabulation Stucco Contractor Base Bid Derek J. Boothe Construction..- .............................................$ 38,500.00 Coastal Stucco------------------------------------------------------------------------$ 42,848.00 Councilmember Christenberry moved to accept the low bid of Derek J. Boothe Construction, provided all specifications are met, for the stucco work at the Fairhope Recreation Center. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. 4713 22 September 2008 Bid Tabulation Masonry Contractor Base Bid Structural Masonry, Inc ......................................................... $ 50,946.00 Superior Masonry, Inc_ _____ ________ _________ _________ __________________$ 52,419.00 Mas-Co, Inc ------------- -------- ------------------$ 61,352.00 -------------------------- Councilmember Quinn moved to accept the low bid of Structural Masonry, Inc., provided all specifications are met, for the masonry work at the Fairhope Recreation Center. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. Bid Tabulation Acoustical Ceiling & Drywall Contractor Base Bid Jim Boothe Contracting & Supply Company, Inc_ ______________$ 138,458.00 Hammer, Inc---------------------------------------------------------------------------$ 155,970.00 Councilmember Ford moved to accept the low bid of Jim Boothe Contracting & Supply Company, Inc., provided all specifications are met, for the acoustical ceiling & drywall work at the Fairhope Recreation Center. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the 2007 GOW. Hop Allen addressed the City Council and asked if the work was for a new building or for repairs. Council President replied a new building; the new Fairhope Recreation Center. Council President Gentle asked the City Council if he could be heard and passed the gavel to Council President Pro Tempore Ford to preside over the meeting. Councilmember Christenberry moved to address the following item not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4714 22 September 2008 Council President Gentle addressed the City Council and gave an update on the agreement between the City of Fairhope and Green Nurseries and Landscape Design, Inc. and Robert M. Green, Jr. He stated that on Friday, September 19, 2008, that Mayor Kant signed the agreement and this issue was settled. Summit Industries will do the work with Volkert and ALDOT overlooking the project. There will be no additional cost to the City of Fairhope. The cost for the access to Hoyle Avenue will be part of the Greeno Road Median Project. Council President Gentle stated the City Council needed to pass a resolution stating the City Council authorized Mayor Kant to execute the agreement with the Greens during the last Executive Session. After further discussion, Councilmember Stankoski moved for the adoption of the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute an agreement between the City of Fairhope and Green Nurseries and Landscape Design, Inc. and Robert M. Green, Jr. which was agreed to during the last Executive Session. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1465-08 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant was authorized to execute an agreement between The City of Fairhope and Green Nurseries and Landscape Design, Inc. and Robert M. Green, Jr. during the last Executive Session, which was held on September 8, 2008. Adopted on this 22nd day of September, 2008 Attest: Lisa . Hanks-, City Clerk 4715 22 September 2008 Gary Gover addressed the City Council and gave an update on Alabama's Coastal Clean-up that was held this past Saturday, September 20, 2008. Mr. Gover stated that 15 .miles of beach was cleaned -up, over 400 people helped, and it was a success. There being no further business to come before the City Council, the meeting was duly adjourned at 6:30 p.m. Robert C. Gentle, Council President 1sa A. auks, City Clerk