HomeMy WebLinkAbout01-11-2016 City Council Meeting Minutes6922
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,11 January 2016.
Present were Council President Jack Burrell,Councilmembers:Diana Brewer,
Michael A. Ford, and Kevin Boone, Mayor Timothy M. Kant, City Attorney Marion
E. Wynne, and City Clerk LisaA.Hanks.CouncilmemberRich Muellerwas absent.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Dr. Jerry Henry, Pastor of First Baptist Church,
and the Pledge of Allegiance was recited.Councilmember Brewer moved to approve
minutes of the 28 December 2015, regular meeting; minutes of the 28 December
2015,work session;and minutes of the 28 December 2015,agenda meeting.
Seconded by Councilmember Boone, motion passed unanimously by voice vote.
Sherry Sullivan,Community Affairs and Recreation Director addressed the
City Council and announced the "'Get Fit Fairhope"program and website.She said
this is to encourage residentsto get up and get active.The websitewill track activity
throughout the year.The indoor trackatthe Recreation Centeris freeandopento the
public.TheGetFit Fairhope website will go live on January 11,2016.Ms.Sullivan
also announced the Senior Bowl practice scheduled for January 26, 2016 with the
whole South Team signing autographs this year.
Mayor Kant mentioned the National Championship game tonight with a
statingtime of 7:30 p.m.; and wishedeveryonea HappyNew Year.
The following individual addressed the City Council during Public
Participation for Agenda Items:
1)Kerry Flowers,11 North Ingleside and Chairman of the Education Advisory
Committee ("EAC"),addressed the City Council regarding Agenda Item Number
13,a resolution authorizing Mayor Kant to execute a contract for professional
consulting services with The Akribos Consulting Group to prepare the
Comprehensive Education Study with a cost not to exceed $80,00.00.He
encouraged the City Council to do the study.He said the City has spent $1.75
million over the past five years onthe schools;and in order to be in thetop 10
academic systems we must do the study.
2)Jim Kellum,3 Victorian Drive and member of the EAC,addressed the City
Council regarding Agenda Item Number 13.He said we need the facts and
benchmark forthe future of Fairhope.He recommended thestudybeing done.
6923
11 January 2016
3) Jon Cardwell, 19915 Thompson Hall Road and principal of Fairhope High
School, addressed the City Council regarding Agenda Item Number 13. He said
we are here to get information and are not against the study.
4) Hill Robinson, 14671 County Road 13 and member of the EAC, addressed the
City Council regarding Agenda Item Number 13.He stated 80 percent of the
residents were for Education. He supported the study being done and requested
the City Council to approve the resolution.
5) HopeZeanah, resident of PerdidoBeach,Alabamaand Assistant Superintendent-
Elementary for Baldwin County Schools,addressed the City Council regarding
Agenda Item Number 13.She commented that they are working on getting
Professional Development back on course;and are focusing on teachers in the
classrooms. She was in attendance to get information from the City.
6)Eddie Tyler,13262 Dominion Drive and Baldwin County Schools
Superintendent,addressed the City Council regarding Agenda Item Number 13.
He gave a small history of his educational background and requested the City of
Fairhope to give him the opportunity to work at the school system.Mr.Tyler
said he could make a difference;and that we have a good school system. He
thanked the City Council and Mayor for whatthey are doingand havedonefor
their schools.
A Public Hearing was held on a proposed ordinance for a Franchise
Agreement with the City of Fairhope.Councilmember Brewer introduced in writing
an ordinance to approve an Application from Bryan Injaian,Accommodations Afloat,
for a Franchise Agreement to operate Sailing Charters and Overnight Rentals at the
Fairhope Municipal Pier Marina,Fairhope,Alabama.Council President Burrell read
the proposed ordinance.Bryan Injaian addressed the City Council and stated he
wanted to have sailing excursions and overnight stays on his sailboat located at the
Fairhope Municipal Pier Marina.He thanked the City Council for their consideration.
Council President Burrell opened the Public Hearing at 6:18 p.m. No one present
opposed the proposed ordinance,the Public Hearing closed at 6:19 p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the January 25, 2016 City Council meeting.
Councilmember Boone moved for final adoption of Ordinance No. 1560, an
ordinance to approve an Application from David Pantovic,Point Clear Tennis
Academy,for a Franchise Agreement to operate Tennis Lessons at Stimpson Field,
Fairhope,Alabama.(Introduced at the December 28,2015 City Council Meeting)
Seconded by Councilmember Ford,motion for final adoption passed by the following
voice votes: AYE - Burrell, Brewer, Ford, and Boone. NAY - None.
6924
11 January 2016
Councilmember Brewer introduced in writing Ordinance No.1561,an
ordinance to declare that certain real property (Boatyard on Sea Cliff Drive presently
known as Eastern Shore Marine, Inc.boatyard leased property)of the City of
Fairhope is not needed for public or municipal purposes in response to an offer to
lease property from February 1, 2016 through October 14, 2017. General
Superintendent James Gillespie stated that this lease is only up to the other Marina
lease to get both in line with each other. He mentioned Ed Wall had cleaned up the
property and the cleanliness of the boatyard was taken care of. Councilmember
Brewer said we need to keep pressure on Mr. Wall to keep up the property.
In order to take immediate action,Councilmember Boone moved for
immediate consideration.Seconded by Councilmember Brewer, motion for
immediate consideration passed unanimously by the following voice votes: AYE -
Burrell.Brewer,Ford, and Boone. NAY - None.Councilmember Boone then moved
for final adoption of Ordinance No. 1561. Seconded by Councilmember Brewer,
motion for final adoption passed by the following voice votes: AYE - Burrell.
Brewer,Ford,and Boone.NAY -None.
Councilmember Brewer introduced in writing Ordinance No. 1562, an
ordinance to establish a School Zone for Bayshore Christian School and a reduced
School ZoneSpeedLimitas 35 milesperhour between the hoursof 7:30 a.m.- 8:30
a.m.and 2:30 p.m. - 3:30 p.m.on days when School is in session,on the portionof
US 98 which is adjacentto and within500feetof the propertyboundaryof Bayshore
Christian School in Fairhope,Alabama.Pursuant to Code of Alabama Article 8A:
Law Enforcement shall enforce School Zone Speed Limits and Violations shall be
assesseda fine of double the most prescribedby law outside of the SchoolZone.
In order to take immediate action,Councilmember Brewer moved for
immediate consideration.Seconded by Councilmember Boone, motion for
immediate consideration passed unanimously by the following voice votes: AYE -
Burrell, Brewer, Ford, and Boone.NAY -None.Councilmember Brewer then
moved for final adoption of Ordinance No.1562.Seconded by Councilmember
Boone, motion for final adoption passed by the following voice votes: AYE -
Burrell,Brewer,Ford,and Boone.NAY -None.
Councilmember Brewer introduced in writing,and moved for the adoptionof
the following resolution,a resolution that the City of Fairhope adopts the Debt Setoff
and Appeals Procedure (attached as Exhibit "A")for use of collecting delinquent
debts and establishing a procedure by which individual debtors may contest the setoff
ofa debt against their Alabama State income tax refund.The motion was seconded
by Councilmember Boone.
6925
11 January 2016
City Attorney Wynne explained the appeals process and said this gives the individual
due process before the setoff of the debt.He commented that City Clerk Lisa Hanks
and Jennifer Olmstead prepared the process and did a good job.After further
discussion,motion passed unanimously by voice vote.
RESOLUTION NO.2463-16
WHEREAS,the City of Fairhope desires to adopt a Debt Setoff and Appeals
Procedure for use of collecting delinquent debts and establishing a procedure by
which individual debtors may contest the setoffof a debtagainsttheir Alabama State
income tax refund;and
WHEREAS,the City Council adopted Resolution No. 2460-15 on December 28,
2015 that authorized Mayor Timothy M. Kant to execute a Memorandum of
Understanding and Agreement between Municipal Intercept Services and the Cityof
Fairhope for Collection of Delinquent Debts pursuant to Article 3 of Chapter 18 of
Title 40,Code of Alabama 1975; and
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that the City of Fairhope adopts the Debt Setoff and
Appeals Procedure (attached as Exhibit "A") for use of collecting delinquent debts
and establishing a procedure by which individual debtors may contest the setoff of a
debt against their Alabama State income tax refund.
DULY ADOPTED THIS 11TH DAY OF JANUARY,2016
Attest:
City Clerk
6926
11 January 2016
CITY OF FAIRHOPE.ALABAMA
DEBT SETOFF AND APPEALS PROCEDURE
In accordance with the authority vested in the Mayor to establish
procedures as required by Ala.Code §40-18-100 et.seq.,by which the City of
Fairhope (the "City")may collect delinquent debts through Municipal Intercept
Services,LLC ("MIS")and to establish procedures by which individual debtors
may contest the setoff of a debt against their Alabama State income tax refund,
the following procedures are hereby adopted,entered and established:
Section 1.DEFINITIONS:
(a)Debt:Money owed by an individual taxpayer to the City, and which has
remained unpaid and delinquent for at least sixty (60) days after collection
process.
(b) Debtor: Any individualowingmoneyor having a delinquent account with the
City.
Section 2.When an individual taxpayer owes the City a Debt in the sum of
twenty-five dollars ($25.00) or more, and such debt is past due and remains unpaid,
the City of Fairhope may submit the debt to the Alabama Department of Revenue
through MIS for collection no sooner than sixty (60) days.
Section 3.Upon notification to MIS that the Alabama Department of Revenue
has intercepted a debt setoff on behalf of the City, MIS will send notification to the
taxpayer and joint filer,if any,of the debtor's rights to appeal the setoff in writing
within thirty (30) days from the date of notice. The Failure of the debtor,or joint filer,
if any, to request in writing a hearing within thirty (30)days after the mailing of the
notice shall be deemed a waiver of the opportunity to appeal the setoff.
Section 4.Upon receipt of funds transferred from MIS under Section 3, the City
shall deposit and hold such funds in an escrow account for at least thirty (30)days or
until a final determination of the validity of debt either by failure to comply with
Section 3, or after a written appeal has been heard.
6927
11 January 2016
Section 5.When the City receives a protest or application in writing from a
taxpayer within thirty (30)days from the notice issued by MIS under Section 3,the
Utility Billing Supervisor shall schedule a hearing with the debtor or taxpayer and the
Treasurer or City Clerk as soon as practicable after the filing of the request,provided
however that the debtor or taxpayer shall be advised in writing of the time and place
of such hearing at least fifteen (15)days in advance thereof.At such hearing,the
debtor or taxpayer may present evidence to the Treasurer or City Clerk,who shall
hear the appeal and submit his or her final determination.The Utility Billing
Supervisor shall give notice to the debtor of the final determination in writing and by
certified or registered mail and inform the debtor of his or her rights to appeal such
final determination to the Baldwin County Circuit Court within thirty (30)days from
the date of final determination notice.
(a) No issues shall be reconsidered at the hearing which have been previously
litigated.
Section 6.Upon final determination of the amount of the debt due and owing by
means of a hearingprovidedby Section4 or bythe taxpayer's defaultthrough failure
to comply with Section 3, the City shall remove the amount of debt due and owing
fromthe escrow account and credit such amountto the debtor's obligation.
Section 7.Upon transfer of the debt due and owing from the escrow account to
the credit of the debtor's account, the Utility Billing Supervisor shall notify the debtor
in writing of the finalization of the setoff.
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution,a resolution that Mayor Timothy M. Kant is hereby
authorized to execute the second and final extension of the Contract with GreenSouth
Solutions,LLC for Sludge Removal Services (Bid No.005-14)for the Water
Treatment Plant for an additional year as per the terms and conditions of the original
contract. The cost of the sludge removal will be $85.00 per cubic yard.Seconded by
Councilmember Boone,motion passed unanimously by voice vote.
6928
1 January 2016
RESOLUTION NO.2464-16
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that Mayor Timothy M.Kant is hereby authorized to
execute the second and final extension of the Contract with GreenSouth Solutions,
LLC for Sludge Removal Services (Bid No.005-14)for the Water Treatment Plant
for an additional one year as per the terms and conditions of the original contract.
The cost of the sludge removal will be $85.00 per cubic yard.
ADOPTED ON THIS 11TH DAY OF JANUARY.2016
Attest:
Janks,MMC
City Clerk
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope hereby amends the
Budget for the FY 2015-2016 by increasing Capital Purchases by $304,500.00; and
reducing Lease/Purchase by $52,510.00 and Transfers to Capital Projects Fund by
$251,990.00. Seconded by Councilmember Boone, motion passed unanimously by
voice vote. City Treasurer Deborah Smith explained the need for the amendment and
it will remain a level budget.
6929
11 January 2016
RESOLUTION NO.2465-16
WHEREAS,the City Council adopted on October 12,2015,a resolution approving
and adopting the proposed Budget for the FY 2015-2016,Resolution No.2411-15;
and
WHEREAS,the City of Fairhope is desirous to amend the Budget by changing the
following budgeted items:
Budgeted Amended
Capital Purchases -Vehicles and Equipment $16,000.00 $320,500.00
Lease /Purchase $154,112.00 $101,602.00
Transfers to Capital Projects Fund $2,050,000.00 $1,798,010.00
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that the City of Fairhope hereby amends the Budget for
the FY 2015-2016 as recommended and presented above.
ADOPTED THIS 11TH DAY OF JANUARY,2016
U
nt,Mayor
ATTEST:
.isa A\Hanks,MMC
City Clerk
Councilmember Boone introduced in writing,and moved for the adoption of
the following resolution,a resolution to Award Bid for Option 2,Alternate 4 to
Outright Purchase Seventy (70)Golf Carts for the Quail Creek Golf Course (Bid No.
004-16)to E-Z-Go Division of Textron,with a total bid proposal of $304,500.00;and
to Authorize Mayor Timothy M.Kant to expend State Alcohol and Tobacco Tax
Funds for purchasing the Seventy (70)Golf Carts.Seconded by Councilmember
Ford,motion passed unanimously by voice vote.Council President Burrell explained
that purchasing the carts outright will be a considerable savings to our taxpayers.
6930
11 January 2016
RESOLUTION NO.2466-16
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 Seventy (70)
Golf Carts with Lease-Purchase Options for the Quail Creek Golf Course (Bid
Number 004-16) at 555 South SectionStreetin 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
Seventy (70)Golf Carts
for the Quail Creek Golf Course
[3]After evaluating the bid proposals with the required bid specifications,E-Z-Go
Division of Textron, with the total bid proposal of $304,500.00 which is Option 2,
Alternate 4to Outright Purchase Carts,is now awarded the bid for Seventy (70)Golf
Carts.
BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY
OF FAIRHOPE,ALABAMA,that Mayor Timothy M.Kant is hereby authorized to
expend State Alcohol and Tobacco Tax Funds for Purchasing the Seventy (70)Golf
Carts.
Attest:
Adopted onthis 11th dayof January,2016
s,MMC
City Clerk
11 January 2016
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6934
11 January 2016
Dr.Hollinger addressed the City Council and passed out the breakdown for
the consulting services and costs. He said a team was assembled that could do all
three aspects of the study. Council President Burrell and Councilmember Brewer
questioned the estimates for the study. Dr. Hollinger explained each option of the
proposed study.
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute a Contract for Professional Consulting Services for the City of
Fairhope with The Akribos Consulting Group to prepare the Comprehensive
Education Study for RFQ No. PS015-15 with a cost not to exceed $80,000.00. The
motion failed for lack of a second.
Council President Burrell commented he was not opposed to the study, but only
$40,000.00 was budgeted. He said that $1.05 million had been spent on the schools
not $1.75 million.He stated if the City Council wants, we could have Mayor Kant
renegotiate the fee schedule.
Councilmember Brewer said that we should have Mayor Kant renegotiate;and
commented we did not bat an eye to spend $35,000.00 on engineering for Volanta or
$35,000.00 to help with the Senior Bowl practice.Councilmember Brewersaid she
was troubled the City could not move forward;and we need all of the information to
make a decision.She said this is not a wise investment to not go forward;and "what
are we willing to spend for this study"?
Councilmember Boone stated he was totally against an independent school study.
Superintendent Eddie Tyler said commented a special tax district would be earmarked
for Fairhope.Mr.Tyler said he would help our schools the best thathe could;and is
the decision maker now. Assistant Superintendent Hope Zeanah said we have
benchmarkdata and do a mid-yearassessmentas well as graduationtotals.
Mr. Jon Cardwell stated that Fairhope High School is in the top 10 for State based
tests.He saidwe have a good thing going;and are ranked with Mountain Brook in
the top 10 in several categories.Superintendent Tyler said we need to tighten our
beltsanddo the bestwith funding;andweneedto be smarterand wiser.
Councilmember Brewer said this is not a study for a City school system. We are
looking at the options and to give citizens all of the data.Superintendent Tyler
reiteratedfor the City to give him a chanceto makea difference.
The consensus of the City Council was for Mayor Kant to renegotiate the fee
schedule with Dr.Hollinger.
6935
11 January 2016
Mayor Kant commented education is most important to Fairhope.We spent
$500,000.00 on fiber optics to make sure we did the right thing. Mayor Kant said if
he meets with Dr.Hollinger again, what part of the study needs to be scaled back.
We need to know options and know what we are buying. Mayor Kant commented we
need to give Eddie Tyler as chance to help with our schools. He said we need to
know what we can cut and what we bring back will work.
The following individuals addressed the City Council during Public
Participation for Non-Agenda Items:
1) Ashley Gordon, 166White Avenue,addressedthe City Council and questionedwhy
$50,000.00for the study. This isa strategyfor improvement;and what is best for our
citizens. She mentioned the golf carts purchasedtonight that cost over $300,000.00.
Council President Burrell replied that the golf carts are income makers; and only
$40,000.00 made it to budget.
2) Hill Robinson addressed the City Council and stated he was shocked that leaders
would oppose a study.He asked,"What isthe County afraid of?"Mr.Robinson said
this is about five schools not one; and we need the Education Advisory Committee
informed. He commented our community is important. He also brought up the
issues coming up for a vote on renewing the penny taxes.
3)Eddie Tyler addressed the City Council and stated theygo to meetings for dialogue;
and no one is opposed to this study.Mr.Tyler stated the taxes are a choice forthe
taxpayers.
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Boone, motion passed unanimouslyby voice vote.
There being no further business to come before the City Council,the meeting
was duly adjourned at 7:12 p.m.
'/p/md**
Hanks,MMC
erk
Apt&Burrell,C^^cift^resident