HomeMy WebLinkAbout10-12-2009 Regular Meeting5180
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 12 October 2009.
Present were Council President Debbie W. Quinn, Councilmembers: Daniel
Stankoski, Lonnie L. Mixon, Michael A. Ford, and Rick Kingrea, City Attorney
Marion E. Wynne, and Acting City Clerk Emily Boyett. Mayor Timothy M. Kant
and City Clerk Lisa A. Hanks were absent.
There being a quorum present, Council President Quinn called the meeting to
order. The invocation was given by Father Thack Dyson, Priest at St. Paul's
Episcopal Church on the Eastern Shore and the Pledge of Allegiance was recited.
Councilmember Mixon moved to approve minutes of the 28 September 2009, regular
meeting. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
Council President Quinn announced that they needed to amend the agenda by
adding on Rose Fogarty regarding the Golf Debt and pulling Items No. 9.b.) and 9.i.).
Councilmember Mixon moved to address the above -mentioned item not on
the printed agenda. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
Sherry Sullivan made the following announcements:
• 281h Annual Grand Festival of Arts on Saturday and Sunday from 10:00 a.m.
to 5:00 p.m.
• Baldwin Pops are performing on Saturday, October 18, 2009 at the Henry
George Park at 6:00 p.m.
• Farmer's Fall Market is every Thursday through November 12, 2009 from
3:00 p.m. until dark.
Sherry Sullivan and the 2010 Census Committee addressed the City Council
and presented the following proclamation:
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12 October 2009
PROCLAMATION
WHEREAS an accurate census count is vital to our community and residents'
well-being by helping planners determine where to locate schools, day care centers,
roads and public transportation, hospitals and other facilities, and achieving an
accurate and complete count of the nation's growing and changing population;
WHEREAS more than $400 billion per year in federal and state funding is
allocated to states and communities based, in part, on census data;
WHEREAS census data help determine how many seats each state will have in the
U.S. House of Representatives and often is used for the redistricting of state
legislatures, county and city councils and voting districts;
WHEREAS the 2010 Census creates jobs that stimulate economic growth and
increase employment;
WHEREAS the information collected by the census is confidential and protected
by law;
Now, therefore, we PROCLAIM that the City of Fairhope, Alabama is committed
to partnering with the U.S. Census Bureau to help ensure a full and accurate count
in 2010.
As a 2010 Census partner, we will:
1. Support the goals and ideals for the 2010 Census and disseminate
2010 Census information to encourage those in our community to
participate.
2. Encourage people in our community to place an emphasis on the
2010 Census and participate in events and initiatives that will raise
overall awareness and ensure a full and accurate census.
3. Support census takers as they help our community complete an
accurate count.
4. Create or seek opportunities to collaborate with other like-minded
groups in our community by participating in Complete Count
Committees and/or utilizing high -profile, trusted voices to advocate
on behalf of the 2010 Census.
City Administrator Gregg Mims addressed the City Council with the
recommendation for hiring the Assistant City Clerk. Councilmember Mixon moved
to approve the hiring of Candace Antinarella. Seconded by Councilmember Kingrea,
motion passed unanimously by voice vote.
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12 October 2009
Mr. Mims gave an update on the City's Policies and Procedures Handbook
and announced the Personnel Board will meet on Friday to finalize changes. He
stated he is working on a Request For Proposals (RFP) draft to pre -approve a list of
consultants on a yearly basis so Council would not have to approve each individual
request and he is updating the City's Organizational Chart. Mr. Mims also added he
will have the contract between the City and the Fairhope Volunteer Fire Department
on the next Council meeting.
Rose Fogarty, Finance Manager, addressed the City Council and briefly
explained a debt owed to the Electric Fund by the Golf Fund. Councilmember
Kingrea moved to write off the debt assumed by the General Fund on behalf of the
Golf Fund. Seconded by Councilmember Mixon, motion passed unanimously by
voice vote.
Council President Quinn announced Items 8.a.), 8.b), 8.c.) are minutes from
Special Boards and Commissions being presented and reviewed by the City Council:
a.) Library Board
Review minutes from meeting held May 18, 2009
Review minutes from meeting held September 21, 2009
b.) Fairhope Tree Committee
Review minutes from meeting held September 9, 2009
c.) Historic Preservation Committee
Review minutes from meeting held October 1, 2009
Councilmember Ford addressed the City Council and gave an update on the
Recycle Committee. He stated the need of two members for the Committee and said
the Committee has been discussing the possibility of going to once a week garbage
collection.
Chuck Zunk, Chairman of the Financial Advisory Committee, addressed the
City Council regarding the purchase of recreation property. He stated that the
Committee recommends purchasing the property by using the remaining balance of
money from the GOW Account, Impact Fee Account, Municipal Capital
Improvement Fund, Recreation Capital Improvement Account and the remaining
balance of the purchase price to come from the General Fund Reserves.
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
a real estate purchase agreement between Manley Road, LLC and the City of
Fairhope for recreation property. Councilmember Kingrea seconded the motion.
Councilmember Kingrea questioned who the current owners are, how long they have
owned the property and how much they paid for the property.
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12 October 2009
Charlie Langham responded he knew Miles Jones and Vince Booth were part owners,
but only knew the other partners were local doctors and lawyers. Mr. Langham added
Manley LLC has owned the property for eight years, but he did not know how much
they had paid for it. Further discussion led to Councilmember Ford making a
substitute motion to buy the property, but to delay the closing until a confirmation has
been received that the Impact Fee monies can be repaid if so desired. Substitute
motion failed for lack of a second. After further discussion initial motion passed by
following voice votes: AYE — Quinn, Stankoski, Mixon, and Ford. NAY — Kingrea.
RESOLUTION NO. 1566-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant, is authorized to execute a Real Estate Purchase
Agreement between Manley Road, LLC and the City of Fairhope for Recreation Property.
Adopted this 12th day of October, 2009
ATTEST:
4isaA.ks, City Jerk
The following is the total purchase price and the source of City of Fairhope Funds
used:
PURCHASE OF LAND — MANLEY ROAD
October 16, 2009
Total Purchase Price SS77 012.73
Source of City of Fairhope Funds:
Impact Fees (Parks & Recreation) $350,000.00
Recreation Capital Improvement Fund $250,000.00
GOW 2007 Proceeds $239,489.08
Municipal Capital Improvement Fund $ 37,523.65
Total of funds used for purchase $877,012.73
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12 October 2009
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution to award RFQ for Low Voltage Substation
Transformer Bushings for the Electric Department. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1567-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request and receive RFQs for Low Voltage Substation
Transformer Bushings for the Electric Department at 555 South Section Street in the City of
Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following RFQs were received and tabulated as
follows:
LOW VOLTAGE SUBSTATION TRANSFORMER BUSHINGS
Florida Transformer, Inc. $ 8,294.00
Pcore Electric 6,092.00
Substation Service Company No Response
[3] After evaluating the RFQ proposal with the required specifications, Florida Transformer,
Inc., with the total RFQ proposal of $8,294.00, is now awarded RFQ No. 008-09 for Low
Voltage Substation Transformer Bushings.
Adopted on this 12th day of October, 2009
Attest:
X44Z&
isa A4Hanks, City Clerk
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution to award RFQ for High Voltage Substation
Transformer Bushings for the Electric Department. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
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12 October 2009
RESOLUTION NO. 1568-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1 ] That the City of Fairhope did request and receive RFQs for High Voltage
Substation Transformer Bushings for the Electric Department at 555 South Section
Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following RFQs were received and tabulated
as follows:
HIGH VOLTAGE SUBSTATION TRANSFORMER BUSHINGS
Florida Transformer, Inc. $ 8,043.84
Pcore Electric 7,542.00
Substation Service Company No Response
[3] After evaluating the RFQ proposal with the required specifications, Florida
Transformer, Inc., with the total RFQ proposal of $8,043.81, is now awarded RFQ
No. 009-09 for High Voltage Substation Transformer Bushings.
Adopted on this 12th day of October, 2009
Attest:
6isa City Clerk
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution to award RFQ for Nichols Street Substation
Transformer Restoration for the Electric Department. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
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12 October 2009
RESOLUTION NO. 1569-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[ 1 ] That the City of Fairhope did request and receive RFQs for Nichols Street
Substation Transformer Restoration for the Electric Department at 555 South Section
Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following RFQs were received and tabulated
as follows:
NICHOLS STREET SUBSTATION TRANSFORMER RESTORATION
Florida Transformer, Inc. $ 14,738.95
Pcore Electric No Bid
Substation Service Company No Response
[3] After evaluating the RFQ proposal with the required specifications, Florida
Transformer, Inc., with the total RFQ proposal of $14,738.95, is now awarded RFQ
No. 010-09 for Nichols Street Substation Transformer Restoration.
Adopted on this 12th day of October, 2009
Attest:
i4Aanks, City Clerk
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope accepts the Complete
Streets Policy submitted by the City of Fairhope Pedestrian and Bike Trails
Committee. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
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12 October 2009
RESOLUTION NO. 1570-09
WHEREAS, The City of Fairhope Pedestrian and Bike Trails Committee drafted a
Complete Streets Policy and presented the following policy at the September 8, 2009
Planning & Zoning Commission meeting:
"Whereas the City of Fairhope supports construction of streets to
enable safe access for all users, including motorists, pedestrians,
bicyclists, and public transportation, the City of Fairhope will consider
these practices when undertaking construction, reconstruction and
repair of our roadways."
WHEREAS, the Planning & Zoning Commission adopted the Complete Streets
policy as drafted; and
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City of Fairhope accepts The Complete Streets
Policy which has been submitted to and adopted by the City of Fairhope Planning &
Zoning Commission.
DULY ADOPTED THIS 12TH DAY OF OCTOBER, 2009
f
y 4. Kant, Mayor
Attest:
isa A. anks, ity Clerk
Councilmember Mixon introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope supports and consents
to the Eastern Shore Trail being recognized as a National Recreation Trail and part of
the National Trails System. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
mm
12 October 2009
RESOLUTION NO. 1571-09
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City of Fairhope supports and consents to the
Eastern Shore Trail being recognized as a National Recreation Trail and part of the
National Trails Systems.
Adopted this 12th day of October, 2009
ATTEST:
is4AaiAs, City Clerk
Chief Bill Press addressed the City Council for any additional clarifications of
the ordinance. Council President Quinn read parts of a letter submitted by Jim
Horner and Chief Press addressed those issues in the letter. After further discussion,
Councilmember Mixon moved for final adoption of Ordinance No. 1401, an
Ordinance to amend and add to Article I, In General, Sections 12-3, 12-4, 12-5.1, 12-
5.2, and 12-5.3, relating to the Noise Section of the Fairhope Code of Ordinances.
(Introduced at the September 28, 2009 City Council meeting) Seconded by
Councilmember Kingrea, motion for final adoption passed unanimously by the
following votes: AYE — Quinn, Mixon, Ford and Kingrea. NAY - None
ABSTAIN - Stankoski.
Councilmember Kingrea stated he wanted to get an Attorney General's Opinion on
the Ordinance.
City Council reviewed an application for a Special Retail License by William
Boyd Little of Oak Hollow Farms, Inc. located at 1,4210 Greeno Road, Fairhope,
Alabama. Councilmember Ford moved to approve the issuance of the license.
Seconded by Councilmember Mixon, motion passed unanimously by voice vote.
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12 October 2009
Councilmember Mixon moved to pay bills as presented. Motion seconded by
Councilmember Stankoski. Discussion of the extreme cost of legal fees led to
Councilmember Kingrea requesting Gregg Mims, City Administrator, and Marion
Wynne, City Attorney, to examine and report back to the Council. The motion
passed unanimously by voice vote.
Jane Finger of Smartcoast addressed the City Council to thank them for
approving the Complete Streets Policy.
Charlene Lee of Smartcoast addressed the City Council regarding the
Complete Streets Policy. She said that Fairhope is the first city in Alabama to adopt
this type of policy and she hopes other cities and counties will follow suit.
Councilmember Mixon moved to adjourn the meeting. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:50 p.m.
_ I_..15
�• •ui n, Council President
Emily B' tt, A ti g City Clerk