HomeMy WebLinkAbout06-25-2011 Regular Meeting5998
STATE OF ALABAMA X
COUNTY OF BALDWIN X
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, 25 June 2011.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Michael A. Ford, and Rick Kingrea, City Attorney
Marion E. Wynne, and City Clerk Lisa A. Hanks. Mayor Timothy M. Kant was
absent.
There being a quorum present, Council President Mixon called the meeting to
order. The invocation was given by Deacon George Yeend of St. Lawrence Catholic
Church and the Pledge of Allegiance was recited. Council President Mixon asked if
there were any corrections to the minutes from the 11 June 2012, regular meeting. He
then stated if there are no corrections, the minutes stand approved as written.
Council President Mixon asked if there were any corrections to the minutes
from the 11 June 2012, work session meeting. He then stated if there are no
corrections, the minutes stand approved as written.
Councilmember Quinn addressed the City Council and stated the Fairhope
Environmental Advisory Board met last week; and she requested an update on when
the committee would present its recommendations to the City Council. Gary Gover,
FEAB member, replied that the minutes would be approved at their next meeting. He
stated that Jim Horner prepared a letter to the Financial Advisory Committee for
budget requirements.
Councilmember Stankoski addressed the City Council and mentioned the
Fairhope Airport Authority. He said we have a good economic engine out there and it
is doing some good things. We have a lot of projects in the mill. It is forward
thinking and doing a great job.
City Administrator Gregg Mims addressed the City Council regarding the
following items:
1) The street legal golf cart purchased with drug money being used by the
Police Department for use downtown.
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25 June 2012
2) The following breakdown of Impact Fees were given:
Parks & Recreation $435,010.07
Fire $ 45,933.04
Police $ 53,505.43
Transportation $203,296.94
The following individuals spoke during Public Participation:
1. Calvin Hunt, Fairhope resident, addressed the City Council regarding
the 2012 municipal elections; and stated the Mayor and City Council
has done nothing for the black community.
2. Paul Ripp, 22985 Highridge Road, addressed the City Council
regarding Agenda Item Number 8, a resolution to award bid for
disaster debris removal and disposal contract and authorize Mayor
Kant to execute the contract for the City of Fairhope. Mr. Ripp
questioned the Council regarding the Ethics Commission and said
that going forward would be wrong. He stated that Pittman should
not have bid because you cannot deal with elected officials.
3. Turner Cowles, reporter for the Fairhope Courier and works with
WABF, addressed the City Council regarding Agenda Item Number
8. He questioned whether or not it was possible for a State Senator,
in order to get the lowest bid on a business deal such as this, to
artificially or arbitrarily lower their prices so they would
automatically have the lowest bid.
4. Bobby Green, 415 Maples Street, addressed the City Council
regarding Agenda Item Number 8. Mr. Green mentioned that in
previous times bids have been thrown out for being low; and
questioned the $300,000 difference from the Senator's bid and the
next bid. Council President Mixon replied that there were 13 bids
and he read the total of each bidder; and the difference is
approximately $100,000 from the next bidder. Mr. Green mentioned
if it was not in the best interest for the City could award to the next
bidder.
5. Debra Green, 415 Maples Street, addressed the City Council
regarding Agenda Item Number 8. Ms. Green reiterated the
comments of her husband, Bobby Green. She said this is a conflict
of interest awarding the bid to Pittman. We should have the books
closed on any investigation before awarding a bid to a politician.
Councilmember Stankoski moved to address the following item not on the
printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
25 June 2012
Councilmember Stankoski moved to grant the request for Phil Brady, Citizens
for Responsible Government, requesting to hold a two-hour Fairhope City Council
Candidate Forum at the Fairhope Civic Center on Thursday, August 16, 2012; and for
the fees to be waived for use of the Civic Center. The motion was seconded by
Councilmember Kingrea. Council President Mixon stated we need the format of the
forum, who would be the moderator, and types of questions that will be asked.
Councilmember Quinn moved to amend the above mentioned request with the
caveats stated by Council President Mixon. Due to lack of a second, the motion to
amend the request failed.
Councilmember Ford stated he objects to this request and mentioned the last election.
He said this committee had an agenda and supported certain candidates.
Councilmember Ford said we need to look into this more. Councilmember Quinn
said that Councilmember Ford has valid points and maybe we should wait. After
further discussion, Councilmember Stankoski withdrew his original motion. City
Clerk Lisa Hanks was asked to contact the group and relay the concerns of the City
Council. City Administrator Gregg Mims was asked to help with the Council's
request.
City Administrator Mims addressed the City Council and briefly explained
Agenda Items Number 6 through Number 11 prior to the City Council voting on
same.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to appoint Election Officials for Election Day
28 August 2012, and Run-off Election Day 9 October 2012, if necessary. The
motion was seconded by Councilmember Kingrea. Councilmember Quinn
questioned why the asterisks were beside two of the names; and mentioned the need
for diversity of the workers. City Clerk Lisa Hanks explained that the asterisks show
two workers being used in two different places during the day: ballot issue and
registration relief clerks as well as absentee machine clerks. Ms. Hanks also
mentioned that Vera Culver, who also handles the County's elections, chooses the
poll workers based on each election. After further discussion, the motion passed
unanimously by voice vote.
6001
25 June 2012
RESOLUTION NO. 1948-12
WIiEREAS, a Regular Municipal Election has been called to be held on 28 August 2012, and a Run-
off Election, to be held if necessary, on 9 October 2012; and,
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides, in part, that the
Municipal Governing Body, not less than 15 days before the holding of any Municipal Election,
appoint from the qualified electors of the municipality, officers to hold the election as follows; where
electronic ballot counters are used, at least one inspector and three clerks,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama
that the election Officers for said elections shall be as follow:
Chief Inspector:
(1)
Vera Culver, 567 Jan Drive
Chief Clerk:
(1)
Diane Blaschak, 405 Jasmine Avenue
Provisional Ballot Officer:
(1)
Kermit Mangus, 400 Jasmine Avenue
Administrative Clerks and
(1)
Stephenie Gasbarro, 322 Clubhouse Drive
Relief Clerks:
(2)
Amalia Rodriquez, 24 Echo Lane
Registration & Voters List Clerks:
(1)
Grace Nelson, 8 Sumac Circle
(2)
Mildred Rogers, I I I Pinetop Circle
(3)
Beverly Stapleton, 9814 St. Hwy 104
(4)
Carol Long, 483 Dogwood Avenue
(5)
Susan McKee, 211 Park Drive
(6)
Margie Robinson, 100 Berglin Street
(7)
Valarie Chaney, 598 Middle Street
(8)
Helen Allison, 21950 Country Woods
(9)
Betty L. (Ann) Garner, 652 Bon Secour Street
(10)
Kay Garnham, 147 Club Drive
(11)
Barbara Sanders, 207 Park Drive
(12)
Pat Cunningham, 13 Winterhaven Court
Ballot Issue Clerks:
(1)
Nancy Anderson, 617 Morphy Avenue
(2)
Kathy Laubenthal, 104 Ronforth Street
(3)
Marlene Robinson, 455 Ivy Circle
(4)
Charles Robinson, 455 Ivy Circle
(5)
Diane Hartley, 454 Ivy Circle
(6)
Perry Hartley, 454 Ivy Circle
(7)
Mary Parson, 212 Orange Street
(8)
Harold Parson, 212 Orange Street
Telephone Operator
(1)
Debbie Mansmann, 207 Lee Street
Qualified Inactive List
(1)
Joanne Brown, 64 S. Ingleside Street
AutoMARK Attendant:
(1)
Douglas Mansmann, 207 Lee Street
(For Handicap)
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25 June 2012
Machine Attendants: (1) Andrew J. Blaschak, 405 Jasmine Avenue
(2) Terrill G. Hicks, 104 Clubhouse Drive
(3) Steve Mills, 171 Hawthorne Circle
Ballot Issue and
Registration Relief Clerks: (1) *Johnny Chaney, 598 Middle Street
(2) *Wesley Stapleton, 9814 State Highway 104
(3) Dick Pierce, 147 Club Drive
(4) Margie Harrier, 167 Club Drive
Absentee Machine Clerks: (1) *Johnny Chaney, 598 Middle Street
(2) *Wesley Stapleton, 9814 State Highway 104
Aternates: (1) Janet Taverna, 129 Chestnut Ridge
(2) Paulette Ondilla-Fedor, 104 Cliff Drive
BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated $250.00 for each
Election and for each Run-off Election, if necessary, and other Election Officers shall be compensated
$125.00 for each Election, and for each Run-off Election, if necessary.
Attest:
isa A. anks, MC
City Cl k
ADOPTED THIS 25TH DAY OF JUNE, 2012
Q!)`
y M. Kant, r
ayor
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to
represent the City of Fairhope in all matters pertaining to the Daphne Fairhope
Metropolitan Planning Organization. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
6003
25 June 2012
RESOLUTION NO. 1949-12
WHEREAS, the 2010 U. S. Census has determined that Urbanized Areas of at least
50,000 combined population and requisite density exist in the Eastern Shore Area,
and therefore meet the U. S. Code requirements for the formation of a Metropolitan
Planning Organization ("MPO"); and
WHEREAS, Title 23 USC 134, 135, and 23 CFR 450, provide the governing
authority and organizational requirements for an Eastern Shore MPO consisting
primarily of the cities of Daphne, Fairhope, Spanish Fort, and Loxley. Formation of a
new MPO by local governments is required within twelve (12) months of designation;
and
WHEREAS, the City of Fairhope desires to be a part of the Daphne-Fairhope MPO
and authorizes Mayor Timothy M. Kant to represent the City of Fairhope in all
matters pertaining to this MPO; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that the City of Fairhope does hereby accept and approve the formation of the
Daphne-Fairhope Metropolitan Planning Organization and authorizes Mayor Timothy
M. Kant to represent the City of Fairhope in all matters pertaining to the MPO.
ADOPTED THIS 25TH DAY OF JUNE, 2012
Tim thy M. Ka A,
Mayor
ATTEST:
dZ-
C-04A.a ks, MC
Cit
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to award Bid for Disaster Debris Removal and
Disposal Contract (Bid No. 009-12) and Authorize Mayor Timothy M. Kant to
execute the Contract for the City of Fairhope. The motion was seconded by
Councilmember Quinn.
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25 June 2012
Council President Mixon read part of the Code of Alabama Section 39-2-6 which
states the contract shall be awarded to the lowest responsible and responsive bidder.
City Attorney Wynne stated from a legal standpoint, a responsible bidder is one who,
among other qualities determined necessary for performance, is competent,
experienced, and financially able to perform the contract. The law does not give us a
choice.
Councilmember Quinn stated the Pittman has done a contract with the City before
and was competent. If he is the responsive and qualified, he should be awarded the
bid. She commented we don't always agree with the laws, but we must follow the
laws.
Councilmember Stankoski read a list of qualifications and stated all of the bidders
were ranked within one point of each other; and all were rated "ready to perform."
He said that looking wrong does not mean it is against the law. The City could write
a letter to the U. S. Attorney's to get a status on the investigation. He questioned
whether or not using other storms would this have changed the data presented. Ken
Eslava, Project and Maintenance Manager, replied that it was best to use Ivan because
Katrina was more structural data not debris removal data. We looked at debris
removal, street cleaning, and C&D on the road.
Council President Mixon stated any violation of the Ethics charge would make the
contract null and void.
Councilmember Ford stated we must follow the law and has no problem awarding the
contract to Pittman.
Councilmember Kingrea said it does not matter if Pittman wins the contract. He said
Tracy Roberts with the Alabama League of Municipalities told him this was not an
Article 39 contract; it is not a low bid contract. The contract award should be with
the most qualified bidder. Councilmember Kingrea stated he has questions about this
bid award. There are 50 different items in the unit prices, but we only used 9 of the
50 items. He stated having a problem awarding to the low bid and not the most
qualified.
After further discussion, motion passed by the following voice votes: AYE — Quinn,
Mixon, and Ford. NAY — Stankoski and Kingrea.
6005
25 June 2012
RESOLUTION NO. 1950-12
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids for the Disaster
Debris Removal and Disposal Contract (Bid Number 009-12) at 555 South Section
Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for the
Disaster Debris Removal and Disposal Contract
[3] After evaluating the bid proposals with the required bid specifications, Pittman
Tractor Company, Inc., is now awarded the bid for the Disaster Debris Removal and
Disposal Contract, as needed after disaster, based on per unit cost as specified in Bid
Tabulation.
[4] That Mayor Timothy M. Kant is hereby authorized to execute the Disaster Debris
Removal and Disposal Contract with Pittman Tractor Company, Inc. for the City of
Fairhope.
Adopted on this 25th day of June, 2012
Tim thy M. Ka t, Mayor
Attest:
MaA. Hanks, MMC
City Clerk
•11•
25 June 2012
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6007
25 June 2012
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25 June 2012
25 June 2012
Councilmember Kingrea moved to grant the request for the Public Works
Department for the approval to fill vacancy for an Equipment Operator - Driver.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
Councilmember Quinn moved to grant the request of Austin Lee, Celebration
Church, requesting the use of park area at Volanta Park to have "Summer at the
Movies," a free community event, on July 8, 2012, July 15, 2012, and July 22, 2012
from 8:30 p.m. to 10:00 p.m. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
City Council reviewed an application for a Beer/Wine Off -Premises
License by Kenneth "Ken" Buck, dba Pier Street Market, located at 369 South
Mobile Street, Fairhope, Alabama. Councilmember Kingrea moved to approve the
issuance of the license. Seconded by Councilmember Ford, motion passed
unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:43 p.m.
Lonnie L. Mixon, Councit President
Lisa A.N nks, MC
City Clerk