HomeMy WebLinkAbout06-09-2014 City Council Meeting MinutesSTATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 9 June 2014.
6510
Present were Council President Jack Burrell, Councilmembers: Rich Mueller,
Diana Brewer, Michael A. Ford, and Kevin Boone, Mayor Timothy M. Kant, City
Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Reverend Matt McCollum, Pastor of Trinity
Presbyterian Church, and the Pledge of Allegiance was recited. Councilmember
Brewer moved to approve minutes ofthe 27 May 2014, regular meeting; minutes of
the 27 May 2014, work session; and minutes of the 27 May 2014, agenda meeting.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
Mayor Timothy M. Kant addressed the City Council regarding the following
items:
1) The Board of Adjustments needs a member and one of the current members
either needs to be reappointed or a new member appointed.
2) The Fairhope Volunteer Fire Department has received notice that they will be
receiving a grant for approximately $828,000 for radios and a new antenna.
3) Jerry Merchant, retired employee from the City of Fairhope, passed away
yesterday . He began with the City as a trash collector in 1989; and then
retired as our Animal Control Officer. Mayor Kant said to please keep his
family in your prayers. He said Jerry Merchant was a valuable employee.
Nancy Wilson, City Treasurer, addressed the City Council regarding a letter
received from Standards and Poor concerning the City's credit rating which is based
on credit worthiness. She said "D" is the lowest rating with "AAA" being the
highest. The City was informed that its rating was upgraded from "AA-" to "AA+"
which is a two-step upgrade. Ms. Wilson stated that "AAA" is our next goal.
A Public Hearing was held as advertised on a proposed ordinance to Amend
Zoning Ordinance No. 1253. Councilmember Boone introduced in writing an
ordinance to zone the property of Firethome Development, LLC to Planned Unit
Development (PUD) concurrent with annexation. This property is generally located
on the east side of State Highway 181 and south of Quail Creek and State Highway
181, Fairhope, Alabama. Parcel contains 126-37 acres more or less; 05-46-09-23-0-
000-022.000 and 05-46-09-23-0-000-022.001; Firethome Subdivision. The Planning
Commission gave a favorable recommendation of this ordinance. Council President
Burrell read the proposed ordinance.
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9 June 2014
Planning Director Jonathan Smith briefly explained the proposed ordinance. He
commented there will be 228 lots in the subdivision with an average home having
1,700 square feet; and a building height of 35 feet . Council President Burrell
questioned the open space . Mr. Smith replied we would like at least 10 percent and
the owners have submitted their plan with 12 percent. He also mentioned during the
site plan and plat process , a traffic study will be done. Councilmember Brewer stated
there is a need for a traffic light for the subdivision. Mayor Kant responded that the
State has to sign off on the traffic study and the need for a traffic light.
Council President Burrell opened the Public Hearing at 6 :23 p.m. No one present
opposed the proposed ordinance , the Public Hearing closed at 6:23 p .m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the June 23 , 2014 City Council meeting.
Councilmember Boone mo ved to amend the following resolution by adding
the verbiage "all Fairhope" and deleing "the Water and Sewer" before public utilities.
Seconded by CounCilmember Ford , motion passed unanimously by voice vote.
Councilmember Mueller introduced in writing, and moved for the adoption of
the following resolution as amended , a resolution accepting all Fairhope public
utilities located in public right-of-ways within Battles Trace at the Colony Phase I for
maintenance and to authorize Mayor Timothy M. Kant to ex ecute the Maintenance
and Guaranty Agreement between the City of Fairhope and The Teachers ' Retirement
System of Alabama and The Employees ' Retirement System of Alabama, both being
an instrumentality of the State of Alabama. Seconded by Councilmember Boone ,
motion passed unanimously by voice vote .
RESOLUTION NO. 2225-14
WHEREAS , the Owners of Battles Trace at the Colony Phase I desire to have all
Fairhope public utilities located in public right-of-ways accepted for maintenance by
the City of Fairhope, Alabama, and ;
WHEREAS, the City of Fairhope , Alabama, has received notice from the engineers
of the project that the design and capacity of the public improvements have been
designed in conformance with City requirements , and ;
WHEREAS , the Water and Sewer Superintendent and Planning Director have
indicated that the improvements meet City requirements , and ;
6512
9 June 2014
WHEREAS, the Owners of Battles Trace at the Colony Phase I, have agreed to
maintain the Improvements, set forth in Exhibit "A" of the Maintenance Agreement,
for a period of two (2) years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for Battles Trace at the Colony Phase I are hereby accepted for public maintenance;
and authorizes Mayor Timothy M. Kant to execute the Maintenance and Guaranty
Agreement between the City of Fairhope and The Teachers' Retirement System of
Alabama, an instrumentality of the State of Alabama and The Employees' Retirement
System of Alabama, an instrumentality of the State of Alabama (collectively the
"Subdivider").
Adopted, this 9th day of June, 2014
Attest:
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
Contract with Kelly's Exterminating Service, Inc. for Pest Control for all City
properties for one year, with two additional one year extensions with the price
remaining as the original quote ($304.30 per month or $3,653.88 per year). Seconded
by Councilmember Boone, motion passed unanimously by voice vote.
*
*
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9 June 2014
RESOLUTION NO. 2226-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Contract with Kelly 's Exterminating Service , Inc. for Pest Control for all
City properties for one year, with two additional one year extensions, with the price
remaining as the original quote ($304.30 per month or $3,653.88 per year).
Adopted on this 9th day of June, 2014
Attest:
~ City Clerk
Council President mentioned a typo for the following resolution and the need
to change "the Sewer Department" to "the Water Department" throughout the
resolution; and City Clerk Lisa Hanks stated there was no need to amend the
resolution.
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution to Award RFQ No. 004-14 to Supply Zinc
Orthophosphate and TKPP Chemicals for the Water Department with a total
estimated proposal of $52 ,279.50 per year. Seconded by Councilmember Mueller,
motion passed unanimously by voice vote.
*
*
6514
9 June 2014
RESOLUTION NO. 2227-14
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 RFQs to Supply Zinc
Orthophosphate and TKPP Chemicals for the Water Department (RFQ Number 004-
14) at 555 South Section Street in the City of Fairhope offices , Fairhope, Alabama.
[2] At the appointed time and place , the following RFQs were opened and tabulated
as follows:
Please see attached RFQ Tabulation to Supply
Zinc Orthophosphate and TKPP Chemicals for the Water Department
[3] After evaluating the RFQ proposal with the required specifications, Thornton,
Musso & Bellemin, with the total estimated proposal of $52 ,279.50 per year, is now
awarded the RFQ to Suppl y Zinc Orthophosphate and TKPP Chemicals for the Water
Department.
Adopted on this 9th day of June, 2014
Mayor
Attest:
~.#<f!cL
City Clerk
*
*
9 June 2014
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6515
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6516
9 June 2014
Councilmember Boone 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 Risk
Management and Safety Training Program for the Human Resources Department
with Safety Plus, Inc. with a cost not to exceed $15,000.00. The motion was
seconded by Councilmember Ford. Pandora Heathcoe, Human Resources Director,
and Don Druse from Safety Plus, Inc. addressed the City Council and explained the
training program. Mr. Druse commented municipalities do not have to comply with
OSHA regulations, but the time is coming soon. He stated that this training program
would get the City OSHA compliant and it is a full blown safety policy. Council
President Burrell stated that for $15,000 we will get four onsite training visits.
After further discussion, motion passed unanimously by voice vote.
RESOLUTION NO. 2228-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a Contract for
Professional Consulting Services for Risk Management and Safety Training Program for the
Human Resources Department with Safety Plus, Inc. with a cost not to exceed $15,000.00.
DULY ADOPTED TillS 9TH DAY OF JUNE, 2014
Attest:
Scott Hutchinson with Hutchinson, Rauch and Moore addressed the City
Council in regards to Agenda Items Number 10, Number 11, Number 12, and
Number 13. He stated bids were received with only one bidder responding out of
five. NRCS will only pay for the Treatment Plant Project; and Mr. Porter from
FEMA agreed they would fund the North Section Street Project. The NRCS funding
is 75 percent with 25 percent paid by the City. The FEMA funding is 75 percent with
the State paying 12-112 percent with the remaining 12-1/2 percent paid by the City.
City Attorney Wynne questioned the bid law and the need for the Governing Body to
declare the event an emergency; a resolution declaring the April 29, 2014 Rain Event
a State of Emergency.
6517
9 June 2014
Councilmember Boone moved to add on the following resolution not on the
printed agenda. Seconded by Councilmember Brewer, motion passed unanimously
by voice vote.
Councilmember Mueller introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council of the City of Fairhope
hereby officially declares a State of Emergency within the City of Fairhope for the
April 29, 2014 Rain Event. Seconded by Councilmember Boone, motion passed
unanimously by voice vote .
RESOLUTION NO. 2229-14
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING
BODY OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR
SESSION ON JUNE 9, 2014, as follows:
Section 1. The City Council of the City of Fairhope hereby officially declares
a State of Emergency within the City of Fairhope for the April 29 , 2014 Rain Event
within the meaning of Alabama Code Section 39-2-2(e); and
Section 2. That the Mayor and City Clerk are hereby authorized and directed
to execute and attest, respectively , all contracts determined to be necessary to meet
the emergency without public advertisement.
Section 3 . That this Resolution shall become effective upon its adoption.
ADOPTED AND APPROVED THIS 9TH DAY OF JUNE, 2014
Attest
~
City Clerk
6518
9 June 2014
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution, a resolution to Award Bid for Emergency Repair -Contract
A: Treatment Plant to Ammons & Blackmon Construction in the amount of
$192 ,696 .80 . Seconded by Councilmember Mueller, motion passed unanimously by
voice vote.
RESOLUTION NO. 2230-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope , by and through Hutchinson, Moore & Rauch, LLC ,
Project Engineer, did request , receive , and open bids for Emergency Repair -
Contract A: Treatment Plant (Project No . PW007-14).
[2] At the appointed time and place , the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
Emergency Repair -Contract A : Treatment Plant
[3] After evaluating the bid proposals with the required bid specifications , Ammons
& Blackmon Construction, with the total bid proposal of $192 ,696.80 , is now
awarded the bid for Emergency Repair -Contract A: Treatment Plant.
Adopted on this 9th day of June , 2014
Attest:
~~
City Clerk
9 June 2014
Notes :
EMERGENCY REPAIR
CONTRACT A
TREATMENT PLANT
CONTRACTORS PROPOSAL
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1. Q.Jantitle$ haV& been dist:rilJuted lo Conlmct A arrd Contmct 8 by the Design Engineer. The lntrti of ltle
quantmes shown in CorrtnJCt A Br!d ComFact a equal fh& quantititl& .stJown In II» orlg/nal contract Old on
May 2~ 2014.
2 . Utrll prices used tiT& eq~ml w the unit pficft$ s/JQwn irr ttr& wigirrat bid on May 22, 2()14.
3 . Lump SUm prir:lilt; matching ttWJ OlitJinal bid Mw been~~ bQtween ConJmct A and Contntct B per
~ Contrac!Of winning th91oWft!1 bid on May 22, 201 ~
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution to Award Bid for Emergency Repair -Contract
B: North Section Street to Ammons & Blackmon Construction in the amount of
$66,520.20. Seconded by Councilmember Boone, motion passed unanimously by
voice vote.
6520
9 June 2014
RESOLUTION NO. 2231-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope, by and through Hutchinson, Moore & Rauch, LLC,
Project Engineer, did request, receive, and open bids for Emergency Repair -
Contract B: North Section Street (Project No. PW007-14).
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
Emergency Repair-Contract B: North Section Street
[3] After evaluating the bid proposals with the required bid specifications, Ammons
& Blackmon Construction, with the total bid proposal of $66,520.20, is now awarded
the bid for Emergency Repair-Contract B: North Section Street.
Adopted on this 9th day of June, 2014
Attest:
City Clerk
9 June 2014
No~:
EMERGENCY REPAIR
CONTRACTB
NORTH SECTION STREET
CONTRACTORS PROPOSAL
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1. QuartlitiQif have bun dislnOOtBd to Contnlct A afld Conl18c;t B by the Design Engineer. The tolttl ofth9
quantities !!hOIWn in Contll!at .A srtd Qlntract B equsllhe qusnJi~ shown in /he original ccrtlrsc;t bid on
,lhy 22, 2014.
2. Urtit prfl»s UHd aTP equal to the unit prices 5howrt in tne original bid on May 22, 2014.
3. l..ump SUm ~6 msrctllng tnt~ Original bid Ira VIII bHn ~I_!K1 berw.ttn Co.nlnlct A :md Corltract B per
1M COntractar winning tiMJ lowe !!I bid on May 2:2, :201@
Councilmember Mueller introduced in writing, and moved for the adoption of
the following resolution , a resolution that Mayor Timothy M. Kant is hereby
authorized to execute an Agreement between the City of Fairhope and the United
States Department of Agriculture Natural Resources Conservation Service ("NRCS")
for Emergency Repair -Contract A: Treatment Plant. Seconded by Councilmember
Brewer, motion passed unanimously by voice vote.
6522
9 June 2014
RESOLUTION NO. 2232-14
BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE
AS FOLLOWS:
1. That the City of Fairhope, Alabama enters into an agreement with the
United States Department of Agriculture National Resources Conservation
Service ("NRCS") for:
Emergency Repair -Contract A: Treatment Plant
2. That the agreement shall be executed in the name of the City of Fairhope,
by its Mayor Timothy M. Kant, for and on its behalf.
3. That the agreement shall be attested by the City Clerk, Lisa A. Hanks, and
the seal of the City of Fairhope affixed thereto.
BE IT FURTHER RESOLVED, that upon the completion of the execution of the
agreement by all parties, that a copy of such agreement be kept on file by the City
Clerk.
Adopted and Approved this 9th day of June, 2014
Attest:
~·fiLL lSaAffs:Mc
City Clerk
Councilmember Mueller introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute an Agreement between the City of Fairhope and the Federal
Emergency Management Agency ("FEMA") for Emergency Repair-Contract B:
North Section Street. Seconded by Councilmember Boone, motion passed
unanimously by voice vote.
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9 June 2014
RESOLUTION NO. 2233-14
BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE
AS FOLLOWS:
1. That the City of Fairhope, Alabama enters into an agreement with the
Federal Emergency Management Agency ("FEMA") for:
Emergency Repair-Contract B: North Section Street
2. That the agreement shall be executed in the name of the City of Fairhope,
by its Mayor Timothy M. Kant, for and on its behalf.
3. That the agreement shall be attested by the City Clerk, Lisa A. Hanks, and
the seal ofthe City of Fairhope affixed thereto.
BE IT FURTHER RESOLVED, that upon the completion of the execution of the
agreement by all parties, that a copy of such agreement be kept on file by the City
Clerk.
Adopted and Approved this 9th day of June, 2014
Attest:
~~=--
City Clerk
Councilmember Mueller introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to
negotiate a fee schedule with Preble-Rish, LLC for the North Fly Creek Emergency
Sanitary Sewer System Replacement Project; and to execute the Contract. The
motion was seconded by Councilmember Boone.
6524
9 June 2014
John Avent from Preble-Rish, LLC addressed the City Council and explained the plan
for the North Fly Creek Emergency Sanitary Sewer Replacement Project. Mr. Avent
stated this is a FEMA funded project with a 75 percent funding and a State and City
match of 12-1 /2 percent for each. After further discussion, motion passed
unanimously by voice vote.
RESOLUTION NO. 2234-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M . Kant is hereby authorized to negotiate a fee schedule
with Preble-Rish, LLC for the North Fly Creek Emergency Sanitary Sewer System
Replacement Project; and to execute the Contract.
DULY ADOPTED TillS 9TH DAY OF JUNE, 2014
Attest:
~
City Clerk
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 7:00p.m.
d:~~
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