HomeMy WebLinkAbout08-08-2011 Regular Meeting5759
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, 8 August 2011.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Michael A. Ford, and Rick Kingrea, Mayor Timothy M.
Kant, City Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Mixon called the meeting to
order. The invocation was given by Dr. Jerry Henry, Pastor at First Baptist Church,
and the Pledge of Allegiance was recited. Council President Mixon asked if there
were any corrections to the minutes from the 25 July 2011, regular meeting.
Councilmember Quinn said that her statement regarding the site plan discussion
should have been "she mentioned there must be off-street parking, loading and
unloading in two spots." Councilmember Quinn moved to amend the minutes with
the above mentioned statement. Seconded by Councilmember Kingrea, motion
passed unanimously by voice vote. Then, Council President Mixon stated if there are
no other corrections, the minutes stand approved as amended
Councilmember Kingrea moved to address the following item not on the
printed agenda: motion to go into Executive Session to discuss pending litigation.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Mayor Kant addressed the City Council with the following items:
1) Doris Shull, wife of former Councilmember, and Red Waggoner, former
Fire Chief, passed away. A moment of silence was held for both.
2) The RFP for the Garbage, Trash, and Recycling is now on the streets.
3) The City has an AA- rating from Standard & Poor.
4) The Paving of the Streets should be ready for the next agenda.
Council President Mixon stated the RFP for the Garbage, Trash, and
Recycling needed to be pulled due to problems with specifications and requiring
companies to do specific things. Councilmember Kingrea moved to address the
following item not on the printed agenda. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
Councilmember Kingrea moved to reject the RFP for the Garbage, Trash, and
Recycling and send back to the Public Works Committee to review and bring back to
the City Council. The motion was seconded by Councilmember Quinn who stated
that there were too many restrictions on the RFP. Councilmember Ford stated we
5760
8 August 2011
should be able to tell the company what they should or should not do.
Councilmember Quinn stated the company may not have to spread its pick up across
four days. Councilmember Kingrea said we need a more realistic RFP and if doesn't
work then we go back to Plan A. Mayor Kant commented that the document is what
we do now regarding garbage, trash, and recycling. Councilmember Stankoski said
there is no urgency on this; it is either acceptable or not acceptable. After further
discussion, motion passed unanimously by voice vote.
Council President Mixon stated that the Council is concerned about what is
going on in the Police Department: an Ethics Complaint was filed, and then charges
were dropped by the Ethics Commission unanimously, a meeting with Police Officers
was held and you were told someone could get hurt. Council President Mixon asked
for the status of what is being done. Mayor Kant replied that he and Lisa Hanks met
this morning and we are going to get with Paul Myrick for advice about this situation.
Councilmember Quinn said she wished the Council would have heard about this
before reading in the newspaper. Mayor Kant replied he was called by a reporter and
he answered questions. Councilmember Stankoski said his concerns were if it is a
personality issue or hostile working conditions. These issues need to be resolved.
Mayor Kant said we need do research and then let you know something after it is
finished. Mayor Kant commented that a meeting was called for the officers to hear
what their concerns were and allow them to vent. Councilmember Stankoski and
Councilmember Kingrea were asked to meet with the Mayor to discuss this issue.
Councilmember Kingrea said he too was very concerned about the following issues:
1) Hiring another attorney instead of using our City Attorney Wynne;
2) Told City Attorney Wynne not to represent Chief Press;
3) Violating an ordinance from 1999 and after reading it, it doesn't specify
who pays the officers;
4) Mayor Kant had to know about the checking account due to a letter from
March 2008 where the Mayor signed to authorize the account;
5) October 24, 2007 spreadsheet detail payments through the account;
6) Meeting with officers is commended, but this was two weeks ago and no
one has been told about this meeting;
7) Termination request not followed through due to Mayor saying no; and
this is a safety issue; and
8) Mayor ordered to have at least five officers on patrol and two officers that
attended the meeting mentioned above should have been on patrol that night
Councilmember Quinn stated she wanted to commend City Administrator
Gregg Mims for achieving the title of International City/County Management
Association (ICMA)'s Credentialed Manager Candidate designation "ICMA-CM"
and only a very few in the State of Alabama. She also asked for an update on the e-
coli issue. Mayor Kant replied that the City is still testing and will need to test more
to find the source.
5761
8 August 2011
Councilmember Stankoski said that yesterday was National Purple Heart Day
which honors veterans who were wounded in combat. He expressed his thanks for
the service that our veterans have given to our Country and our City.
Councilmember Ford stated that we need to straighten this issue with the
Police Department and this situation needs to be addressed.
Lonnie read the following letter and asked for it to be part of the official
record:
STATE OF ALAFJAMA
E-i-E-I,CS COMMISSION
I
1
klnlUnIG AUURESS .e e(rr .rnnrers•:
.fJ I10X �U•IU HSA UNION
M( rN r'(',rJI,AF RY, AI. I UU Nr]H'f 11 UNI(: N ,i iHGf:l'
anlna.lrno ..nrrt
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NII]N I UOMF— AL -M I V I
Iir:1\Intl I.. A Il r.11. 11. r:.�.. (Ilnn
),..�irinn.: M. \5:nnl•la', \ia'� I Ilan
,\nllr•,nl I Inlnl'In r. a
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I tr. la�•. all
It:l..Anl1 I:lµin I :•Iilr.li
nngtlst a, 201 1
James F. Atchison. Bscluire
The Atchison Firm. P.C.
3030 Knoliwood Drive
Mobile, Alabama 36693
and
Vincent F. Kilburn, 111, Fsquirc
Kilburn Roebuck & McDonald
Post Office Box 66710
Mobile, Alabama 36660
Re: Bill press. Police Chief. City of Fairhope
I rnr�n.n
\\I.II\III nla.a :IN.a.:U:rh::nrn.::.••
Dear Gentlemen:
On June I and .August 3, 2011, the members of the Commission tnet to review the matter regarding allegations
that vour client may have violated the Alabama Ethics Law. The Commission also gave Chict' Press, as the
respondent, an opportunity to respond to these allegations.
Based on the evidence as presented, the Cumnlission found there currently exist insufficient taets to hold that
Chief Press has violated the Alabania Ethics Law, and further moved that the case be closed.
I'hank you fpr the cooperation we have received from you and your client
since. iy. / O
�y
Ja es L.. Sumli- . Jr.
L7irector
,.jd /
cc: Mr. Bill Press
382 Dover Sheet
Fairhope. AL 36532
5762
8 August 2011
Councilmember Quinn moved to address the following item not on the
printed agenda. Seconded by Councilmember Stankoski, motion passed by the
following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford.
Councilmember Stankoski moved to consider paying the attorney's fees for
Chief Press regarding the Ethics Commission Complaint. Seconded by
Councilmember Kingrea, motion passed by unanimously by voice vote.
City Administrator Gregg Mims addressed the City Council regarding the
following items:
1) Greeno Road Sidewalk Project — the permit has been approved in
order to go forward.
2) Energy Usage Audit will begin this week.
3) Volanta Sidewalk Project update and Fairhope Single Tax
Corporation is paying for this project.
4) NIMS update — the City is making sure we are NIMS compliant in
order for FEMA, when needed, to being able to issue funds.
Councilmember Kingrea moved to carryover Agenda Item Number 7, the
appointment to the Financial Advisory Committee, until the August 22, 2011 City
Council meeting. Seconded by Councilmember Quinn, motion passed unanimously
by voice vote.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution setting forth Fee Waivers for Organizations at
the Fairhope Civic Center, the James P. Nix Center and Streets and Parks. Seconded
by Councilmember Quinn, motion passed unanimously by voice vote.
5763
8 August 2011
RESOLUTION NO. 1819-11
A RESOLUTION SETTING FORTH FEE WAIVERS FOR
ORGANIZATIONS AT THE FAIRHOPE CIVIC CENTER,
THE JAMES P. NIX CENTER, AND STREETS AND PARKS
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Non-profit organizations will pay 50% of all rental and cleaning fees; however, they
will be responsible for security, any damages, and any incidentals (table cloths, use of
piano, etc.). Organizations must show proof of their 501(c)(3).
The Fairhope Public Schools may use the Nix Center, the Civic Center, and streets
and parks for no charge with a written request from the principal and approval by the
facility manager. Fees for incidentals or any damages will still apply.
Law Enforcement Personnel is required for any event where alcohol is present, any
school function or when deemed necessary by the facility or event manager. The
number of required law enforcement personnel and any other law enforcement
requirements will be determined by the Fairhope Police Department.
All other organizations will pay the fees as listed in the current ordinances pertaining
to Civic Center, Nix Center and parks and street rentals and no request may be made
for fee waivers to the Mayor and/or the City Council.
The following resolution is hereby repealed: Resolution No. 1677-10 adopted on
August 9, 2010.
ADOPTED THIS 8TH DAY OF AUGUST, 2011
4Timoy M. Ka t, May r
ATTEST:
6krsVA.anks, MC
City Clerk
5764
8 August 2011
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to award bid for a Backhoe Four -Year
Lease/Purchase for the Gas Department (Bid Number 024-11). Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1820-11
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 a Backhoe Four -
Year Lease/Purchase for the Gas Department (Bid Number 024-11) 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 a
Backhoe Four -Year Lease/Purchase for the Gas Department
[3] After evaluating the bid proposals with the required bid specifications, Thompson
Tractor Company, Inc., with the total bid proposal of $102,865.05, is now awarded
the bid for a Backhoe Four -Year Lease/Purchase for the Gas Department.
Adopted on this 8th day of Au ust 2011
4TImotlKantiMayof
Attest:
4LisaA.nks,MMC
5765
8 August 2011
CITY OF FAIRHOPE
BID TABULATION and Recommendation
BID NUMBER: 02e .11
BID NAME: 8ackhoe Luse lur Fairhope Gas Department
BID OPENED: June 21, 2011 2:00p.m.
Now Bid Bond waned.
Non
ColluslonBid ILeast With
Proposal - Delivery - — of Lease it
ISignedI leadlimeInstructions Manulactunr PURCHASE EASE PER
olluseudnq TOTAL LEASE
� Signed TARO Days �ISpldhcuion OUTRIGHT LEASE PER wen0onuppliw PLUS
y 0.in _ `ModN iTOTALBID MONTH lmancinj-- PURCHASE BID
euroegwpw.ro cw�q.m - � --- I- •------- .... :� .----I----- —-l--
Cowes EW �
Yanglw Equpnam des 90 New Holland 8958 S 96,000.00 S 729J 96 f 1o9_ 110,'I1 a51
L.B. SmIai I ASC C—d. - _ -_ _
Ew.-USA I
Tlwrpun TncWc_— s I Sl I i CAT 4211 S If )I5.00 i 1.361.80 i 3749865 107865051
Tncbrl Epuynwa tomq_ri __ ___ ___
�um.eaemag------ ---------- -- - —fi --------------i
I I � I
I
i
- -- L-� --- - -r -- ------�=--- j
Recommendation Awaid bd to Thompson Tiaaa To ule best of my knowledge Ins is a due and accuraie bid IabUlaUdn
/1 In dm amourll a 10S 2.885 05
_ �4 aop� 1)
Steve Seay Gas Depanmenl Sup omeneenl Dan P Ames. Purchasing Manager
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to award bid for the James P. Nix Center
Roof Replacement (Bid Number 028-11). Seconded by Councilmember Quinn,
motion passed unanimously by voice vote.
5766
8 August 2011
RESOLUTION NO. 1821-11
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 James P. Nix
Center Roof Replacement (Bid Number 028-11) 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 James P. Nix Center Roof Replacement
[3] After evaluating the bid proposals with the required bid specifications, The
Highland Group, LLC, with the total bid proposal of $53,280.00, is now awarded the
bid for the James P. Nix Center Roof Replacement.
Adopted on this 8th day of August 2011
Attest:
0
Lisa A. arks, MC
City Cie
5767
8 August 2011
CITY OF FAIRHOPE
BID TABULATION and Recommendation
BID NO 028-11
BID NAME: NIX Center Roof Replacement
BID OPENED 19-Jul-11
Note: Bid Bond waived.
Non -Collusion I
statement/Bid Proposal, Instructions Bid for plywood 'Bid for metal
Executed I Signed I ]Specification decking (if needed) �flashing(if , Signed
'VENDOR INolarzed Compliance Total Bid Der sd.It neededtoerlinear It. l addenda
The Highland Group org
fter Corporation
yes —�
yes
$ — 53,820.00
$ 63,671.00
j $ 1.751
�$ 4.00
8 4.16
$ 5.00
es
yes—
;Thomas Industries
no response
_
f—
Recommendation. Award to_The Highland Grouo LLC
in the amount of $53,820.00
Ke tslanl Director of Public Works
To the best or my knowedge this is a Uue and accurate bb tabulation
0��, a-,� 7
Daniel P. Ames, Purchasing Manager
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to purchase 1,000 Water Meter Registers for the
Water Department. Seconded by Councilmember Ford, motion passed unanimously
by voice vote.
5768
8 August 2011
RESOLUTION NO. 1822-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope has voted to purchase 1,000 Water Meter Registers, as
needed, for the Water Department and authorizes procurement based on the option
allowed by the Code of Alabama 1975, Section 41-16-5 1 (b)(7), not to exceed the
approved budgeted amount. These units must be compatible with our existing system;
and are budgeted in the Capital Improvement Budget. The cost per meter will be
approximately $175.00 per meter or the best price available.
Adopted on this 8th day of August, 2011
ay M. It, Mayor
Attest:
i�aA tqn , M M C
City Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution to award bid for the Quail Creek Golf Course
Food Service to Alan's Grill and authorize Mayor Timothy M. Kant to execute a
contract with Alan's Grill. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
5769
8 August 2011
RESOLUTION NO. 1823-11
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 Quail Creek Golf
Course Food Service (Bid Number 026-09) 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:
QUAIL CREEK GOLF COURSE FOOD SERVICE
Alan's Grill 3% of Gross Sales before taxes per Month
NO OTHER RESPONSES WERE RECEIVED
[3] After evaluating the bid proposals with the required bid specifications, Alan's
Grill is now awarded the bid for Quail Creek Golf Course Food Service; and Mayor
Timothy M. Kant is authorized to execute a contract with Alan's Grill.
Adopted on this 8th day of August 2011
aimotM. Kan Mayo
Attest:
alzL
isa A. auks, MC
City Cl k
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing the City Treasurer and the
Purchasing Manager to issue a RFP to banking institutions for refinancing of Utility
Revenue Warrant 2002. Seconded by Councilmember Ford, motion passed
unanimously by voice vote.
5770
8 August 2011
RESOLUTION NO. 1824-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Treasurer and the Purchasing Manager are authorized to issue a
Request for Proposal ("RFP") to banking institutions for refinancing of Utility Revenue
Warrant 2002 in the approximate amount of $6,720,000, with additional new proceeds in the
approximate amount of $8,600,000 for upgrades and expansion of water and sewer systems,
for an approximate total of $15,320,000, for a term of twenty years.
Adopted on this 8th day of August, 2011
h.
Attest: im Tthy M. Kant, ayor
&'.1L
isa A. anks, MC
City Cie
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing the City Treasurer and the
Purchasing Manager to issue a RFP to banking institutions for refinancing of General
Obligation Warrant 2002. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
RESOLUTION NO. 1825-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Treasurer and the Purchasing Manager are authorized to issue a
Request for Proposal ("RFP") to banking institutions for refinancing of General Obligation
Warrant 2002 in the approximate amount of $4,225,000, for a term of ten years.
Adopted on this 8th day of August, 2011
M. Kant, Mayor
Attest:
isa A. anks, MW
City Clerk
5771
8 August 2011
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing the City Treasurer and the
Purchasing Manager to issue a RFP to banking institutions for a Line of Credit for the
General Fund. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
RESOLUTION NO. 1826-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Treasurer and the Purchasing Manager are authorized to issue a
Request for Proposal ("RFP") to banking institutions for a Line of Credit for the General
Fund in the amount of $2,000,000, for street resurfacing, to be drawn down as needed for
work completion, and converted to a permanent loan for a term of six years at the conclusion
of the paving projects.
Adopted on this 8th day of August, 2011
M. Kant, Mayor
Attest:
�LisaA. anks, MC
Cityl,
Councilmember Kingrea moved for final adoption of Ordinance No.1452, an
ordinance to amend Zoning Ordinance No. 1253, Article IV Site Design Standards,
Section H. Tree Preservation. (Introduced at the July 25, 2011 City Council meeting)
Seconded by Councilmember Quinn, motion passed for final adoption by the
following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
Councilmember Quinn moved for final adoption of Ordinance No.1454, an
ordinance to amend Zoning Ordinance No. 1253, Article III Zoning Districts, Section
A. Purpose and Intent; 10. 13-1 Local Shopping District. (Introduced at the July 25,
2011 City Council meeting) Seconded by Councilmember Stankoski, motion passed
for final adoption by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and
Kingrea. NAY - None.
At the request of the City Attorney, Marion E. Wynne, the City Council will
rise from the meeting to go into Executive Session to discuss
pending litigation. The approximate time to be in Executive Session is 15 minutes.
Councilmember Kingrea moved to go into Executive Session. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
5772
8 August 2011
Exited the dais at 6:57 p.m. Returned at 7:11 p.m.
Councilmember Kingrea moved to address the following item not on the
printed agenda. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
proceed with settlement agreement with the Green case. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1827-11
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to proceed with settlement
with the Green case.
Adopted on this 8th dUof August 2011
Kant,
Attest:
isa A. Ha s, MMC
City Clerk
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:14 p.m.
Lonnie L. Mixon, C uncil President
isa A. Ha s, MMC
City Cler