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HomeMy WebLinkAbout01-13-1975 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Administration Building, 387 Fairhope Avenue, Monday, January 13, 1975 at 7:00 P.M. with the following members present: Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Minutes of the previous regular meeting were approved. Motion by Councilman David E. Bishop seconded by Councilman Barney Shull that the following resolution be adopted: RESOLUTION WHEREAS, James H. Faulkner State Junior College has offered off -campus classes in the City of Fairhope since i969; and WHEREAS, the classes have increased in number and size each year and the present rented facilities severely restrict further growth; and WHEREAS, the City of Fairhope desires to contribute a parcel of land to James H. Faulkner State Junior College for the purpose of constructing a permanent off -campus center; NOW, THEREFORE, BE IT RESOLVED that when the State Board of Education agrees to construct a permanent off -campus center on said parcel of land this be deeded to the State Board of Educa- tion. Resolution unanimously adopted. Motion by Councilman H. G. Bishop seconded by Councilman Sam Box that the application of Watkins Grocery Store on East Kirkman Lane and Johnson Road for packaged Beer permit be approved. Upon being put to vote the following vote was recorded; For: Councilmen: H.G Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Against: Councilman David E. Bishop. Motion carried. Councilman H. G. Bishop introduced the following Ordinance: ORDINANCE # 547 AN ORDINANCE TO ADD TO ORDINANCE NO. 544 THE LICENSE ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA, BY ADDING THERETO SECTION 10 WHEREIN ALL LICENSEES SHALL PAY THREE TIMES THE CURRENT RATE OF CITY LICENSES AS DETERMINED BY WHAT EACH LICENSEE PAID FOR THE " CALENDAR YEAR 1974 OR, ACCORDING TO THE NEW LICENSE ORDINANCE, WHICHEVER IS SMALLER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE: THAT Ordinance No. 544, be and the same is hereby amended to read by adding thereto a Section 10 as follows: SECTION 10. That each licensee of the City of Fairhope, shall have the alternative to pay three times the current rate of license fees paid for the calendar year 1974, or aceo''ding to the License Schedule adopted on the 25th day of November, 1974 and numbered Ordinance No. 544, whichever shall be the smaller of the two, except PUBLIC UTILITIES which will remain the same as adopted. f�This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE DAY OF 1974• Attest: Pity Clerk CITY OF FAIRHOPE By: Motion by Councilman Shull seconded by Councilman H. G. Bishop that the Recreation Board be set up on same principle as the Library Board, having their own ledger, signing checks, paying bills and setting up their own budget. Motion carried. Motion by Councilman Barney Shull seconded by Councilman David Bishop that the following Resolution be adopted: RESOLUTION INDICATING INTENT TO JOIN WITH OTHER GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT IN THE MOBILE AND BALDWIN COUNTY URBAN AREA TO DEVELOP AND IMPLEMENT A PLAN RESULTING IN COORDINATED WASTE TREATMENT MANAGEMENT SYSTEMS FOR THE AREA WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "the Act"), the Administrator of the United States Environmental Protec- tion Agency has by regulation published guidelines for the identifi- cation of those areas which, as a result of urban -industrial concen- tration or other factors, have substantial water quality control problems (40 CFR Part 126); and WHEREAS, the Mobile and Baldwin County Urban Area, as enlarged for Section 208 planning purposes, satisfies the criteria contained in the Act and guidelines and designation of the area pursuant to Section 208 and those guidelines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in coordinated waste treatment management systems for the area; and WHEREAS, Section 208 of the Act requires that the planning agency have in operation a continuing areawide waste treatment management planning process within one year of its designation by the Governor; and WHEREAS, Section 208 of the Act requires that the initial plan resulting from the planning process be certified by the Governor and submitted to the Administrator within two years of the Commence- ment of the planning process; and WHEREAS, such planning process and waste treatment management system is a necessary and significant measure to control present point and non -point sources of water pollution and to guide and regulate future development and growth in the area which may af`.ect water quality, in order to'prevent, abate and solve existing and potential substantial water quality control problems; 11 NOW, THEREFORE, IT IS RESOLVED THAT THE' C, v Aii h0 recognizing that the Mobile -and Baldwin County Ur an Area has sub- stantial water quality problems, supports designation of the Area pursuant to Section 208 and the EPA guidelines. IT IS FURTHER RESOLVED THAT THE intends to join with other affected general purpose units of local government within the boundaries of the area to develop a plan de- signed to produce a coordinated waste treatment management system for the area. �s. IT IS FURTHER RESOLVED THAT when the plan has been mutually adopted by the and the Alabama Water Improvement Commission or its successor, the intends to join with other affected general purpose units of local government in a cooperative effort to implement the plan. IT IS FURTHER RESOLVED THAT, inasmuch as the South Alabama Regional Planning Commission is a single organization with elected officials or their designees from local governments and is capable of developing an effective areawide waste treatment management plan for the Area, the supports the designation of the South Alabama Regional Planning Commission. IT IS FURTHER RESOLVED THAT, the designated planning agency will submit the required planning process to the Governor for review and approval within ten (10) months following approval by the Environ- mental Protection Agency of the delineation and designation and within twenty-one (21) months after submission of the planning pro- cess will submit the developed plan to the Governor for review and approval. IT IS FURTHER RESOLVED THAT all proposals for struction of publicly owned treatment works within of the designated area will be consistent with the and will be made only by the management agency or cluded in the mutually adopted plan. Approved this Signed: day of Clerk grants for con - the boundaries approved plan agencies as in- , 1975 I 'T SECTION 208 OF THE FEDERAL_ WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 (Areawide Wastewater Management Plans) The following are some of the most commonly asked questions about Section 208 of the Federal Water Pollution Control Act Amendments of 1972. The answers are taken directly from the Environmental Protection Agency's Draft Guidelines for administering 208 Plans and from the text of the State Briefing held in Atlanta, Georgia, on May 20, 1974. The applicable page number(s) of the Draft Guidelines are shown in parentheses after each question. 1. What is the Purpose of a 208 Plan? (1-1) Section 208 of the Act encourages areawide management planning in areas which, as a result of urban industrial concentrations or other factors, have substantial water quality control problems. Local areas are provided a unique opportunity to plan and manage a comprehensive program based on integrated planning and control over such activities as municipal and industrial wastewater, storm and combined sewer runoff, non -point source pollutants, and land use as it relates to water quality. Through a locally - controlled planning agency, an area can select a plan that.is cost-effective and implementable. (The plans will be funded at 100% until June 30, 1975, at which time, the funding will drop to 75%. A total of one hundred million dollars is available to be spent in fiscal year 1975.) 2. What is included in a 208 Plan? (1-2) Basic Planning Features of 208: 1. Identify Problems 2. Identify Constraints 3. Identify Possible Solutions to Problems 4. Develop Alternative Plans 5. Analyze Alternative Plans 6. Selection of an Areawide Plan 7. Periodic Updating of the Plan is Significant sources of non -point source pollut ' 4. Bodies'of water and related lands that would be beneficially or adversely affected by a change in water quality. 5. Existing waste treatment and collection systems. 6. Solid waste disposal sites. 7. Environmentally sensitive areas: a. Aquifers and aquifer recharge areas b. Marshlands and wetlands c. Forrests and woodlands d. Flood plains e. Step slopes f. Shorelands g., Erodable and/or poorly drained soils 7. How will the Management System Work? (8=5 and 8-6) ways: The Management System to institute a 208 Plan may be found in three 1. Single Planning and Management Agency - One option is to establish a single planning and management agency with a geographical juris- diction the same as the 208 planning area. In some situations where a single governmental jurisdiction already exists, -and whose jurisdiction encompasses the entire 208 area, it may be assigned both the planning and management responsibilities. inhere such an agency is based partly -on a Council of Governments (COG) or regional planning agency which has been designated as a clearinghouse agency under A-95, final approval of specific projects in the 208 area can be expedited. 2. Single Planning Agency and a Single Management Agency - Another option is to divide the planning and management respousibi lities between two separate agencies. A previously established COG or regional planning agency could be utilized as the planning agency for 208. Since such organizations already have local elected officials on their boards, the representation requirements would publicly -owned waste treatment works. In contrast to Section 208 plans, facilities plans (Section 201) are limited essentially to abatement of pollution from municipal point sources and those industries served or to be served by municipal waste treatment systems. Features included in approved 201 facilities plans and scheduled for plans and specifications should be considered as "existing" for 208 planning purposes. No 201 facilities plans should be initiated within a 208 area after 208 planning has been undertaken unless the urgency of a specific problem dictates the need for a narrowly focused planning effort. If a 201 and 208 planning process are conducted at the same time, the work plan of each plan of study must be formulated to demonstrate coordination where necessary, and the elimination of duplication of effort. The 208 grant regulations indicate that 208 funds will not support work beyond the infiltration/inflow analysis level; therefore, if detailed sewer system evaluation are required to quality for Step 2 or 3 grants, these costs must be borne by 201 grant fundn rather than 208 program. (State Briefing p.2) 5. Why is technical planning necessary? (3-2) The purpose of technical planning is to develop a coordinated pollution control strategy for areas that may not be able to meet water quality standards through application of base level technology.. The control strategy may be a combination of controls on 1) land use and growth, 2) municipal wastewater systems, 3) industrial effluents and 4) non -point sources, where feasible. 6c What areas will be inventoried and analyzed in a 208? (4-4) The Inventory and Analysis of a 208 Plan may include but not necessarily be limited to the following: 1. Industrial, commercial, residential and other activities from which significant pollution may be generated. 2. Topography and soil conditions of the 208 area. • 1 . " 3. What are the benefits of a 208"Plan? (1-3) Outputs of a 208 Plan, A. Identification of anticipated municipal and industrial treatment works construction over a 20 year period. B. Planning for facilities eligible under 40 CFR 35.917-1(a)-(i) and 40 CFR 35.1062 and for which Step 2 or Step 3 grant assistance is expected during the five-year period following 208 plan approval. C. Identification of required urban stormwater runoff control systems. D. Establishment of construction priorities over five and twenty year periods. E. Establishment of a regulatory program to: 1) provide for waste treatment management on an areawide basis and for identification, evaluation, and control of treatment of all point and nonpoint pollution sources; 2) regulate the location, modification, and construction of waste discharging facilities; and 3) assure that industrial or commercial wastes discharged into publicly -owned treatment works meet applicable pretreatment requirements. F. Identification of agencies necessary to construct, operate, and maintain facilities required by the plan and otherwise carry out the plan. G. Identification of nonpoint sources of pollution related to agriculture, silviculture, mining, construction, and certain forms of salt water intrusion, and procedures and methods (including land use requirements) to control those sources to the extent feasible. H. Processes to control the disposition of residual waste and land disposal of pollutants to protect ground and surface water quality. 1. Selection of a management system to implement the plan and identi- fication of the major management alternatives (including enforce- ment, financing, land use and other regulatory measures and associated management authorities and practices). J. A schedule for implementing all elements of the plan, including identification of the costs of implementation. K. Required certifications relating to consistency with other plans and to public participation in the planning process and plan adoption. L. Recommendations of appropriate local governing bodies as to state certification and EPA approval of the plan. 4. What is the Relationship Between 208 and 201 (Facilities) Plans?(2-1) Section 201 facilities plans cover the planning and preliminary design portions of plans and studies (Step 1 elements) related to construction of automatically be met. This would also mean th the management agency would be under the direction of professional management as it carries out the day-to-day implementation of the areawide management plan. Where separate management agencies would have to be brought about entailing some loss of local authority. 3. Single Planning Agency and Plural Management Agencies - A third basic option would be to have a single planning agency and more than one management agency. This option would allow those management agencies already providing waste treatment service to continue doing so with a minimum effect upon their internal administration. This option, therefore, would permit the maintenance of existing institutions and agencies to a closer degree than the other basic options. 8. The following steps are necessary to qualify for a 208 grant: (this portion is .taken from phone calls with E.P.A., Region IV, in Atlanta, Georgia) 1. A public hearing is held by the State for the purpose of desig- nating a 208 area and agency. 2. Resolutions are signed by participating governments stating that they agree to work together to form a plan and have an intent to implement the plan. Final approval of the plan must come from the Governor and the Environmental ProtectionAgency. 3. A designation package has to be -approved in Atlanta, Georgia, and Washington, D.C., by the Environmental Protection Agency. At this time, the money to do a 208 Plan is set aside. 4. An application has to be approved by Atlanta, Georgia, and Washington, D.C., Environmental Protection Agency. All of the above steps have to be completed by June 30, 1975, in order receive 100% funding for the 208 Plan. 4 Motion by Councilman Box seconded by Councilman Shull that the 6f accept recommendation of City Auditors and increase service / charge to West Baldwin Water to eight five cents (85¢) per customer. Upon being put to vote the following vote was recorded: For: Councilmen: H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Against: Councilman David E. Bishop. Motion carried. Motion by Councilman Box seconded by Councilman Shull that Mayor Nix be authorized to enter into agreement with West Baldwin Water for rate increase to Thirty Five cents (35 ¢) per gallon, subject to the approval of the Farm Home Administration. Upon being put to vote the following vote was recorded: For: Councilmen: H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Against: Councilman David E. Bishop. Motion carried. Motion by Councilman David E. Bishop seconded by Councilman Barney Shull that the City accept bids on 3 phase oil circuit recloser.:, Motion carried. Motion by Councilman Barney Shull seconded by Councilman 011ie Deese that the Mayor be authorized to execute agreement with the Fairhope Single Tax Corporation to consider black top used on Morphy Avenue to be a part of the original agreement and providing for the application of black top on morphy Avenue to be under the supervision of Claude Arnold, Engineer. Motion carried. Motion by Councilman H. G. Bishop seconded by Councilman Barney Shull that the bills be approved for payment. Motion carried. Motion by Councilman Box seconded by Councilman David Bishop that the meeting.adjourn. Motion carried. Approved t t Attest: City Clerk City of Fairhope - December Bills General Fund: Xerox $ 60.00 Bedsole & Gwinn 27.95 Lee Groves 14.25 Eastern Shore Courier 545.15 Baldwin Co. Re -appraisal Program 643.64 Marshall's T. V. 19.50 Ace Lock & Key 27.50 Parker & White 2,875.00 it to Library 150.00 Don's Shoe Store 61/94 Coca-Cola Bottling C 30.65 Gulf Mobilphone Ala. 30.00 Nix Florist 35.00 McCormack Roofing 46.80 Delta Exterminating 30.00 National Linen Service 12.75 Eastern Shore Animal Clinic 20.00 Coastal Concrete (Morphy Avenue) 2,195.84 Certified Laboratories 223.00 Home Safety Equip. Co. 94.91 Jack Cooke & Co., Inc. 218.66 Fairhope Aut6Parts 3.42 Foley Tractor Co. 234.98 Southern Auto Parts Co. 20.24 Leary -Owens Equip. Co. 723.41 Goodyear Service Stores 378.24 Western Lumber 12.37 Silverhill Farmers Assoc. 13.60 Hush Printing Co. 36.22 W. D. Ford & Associates 36.50 Vasko Electric 72.00 Material Sales (223.18 Morphy Ave.) 263.95 Sears 8.99 Nix and Fleming 72.37 Exxon Company 1,833.60 Fairhope Tire and Retread 29.00 Electronic Services 115.70 Safety Kleen Corp. 19.00 Unijax, Inc. 7.26 Radcliff Materials, Inc. 53.57 Certified Laboratories 94.00 Gaston Motor Co. 130.49 Rudy's Automotive 1.74 Evans Mfg. Co. 102.00 Bolton Ford 6.60 Key G M C 112.36 Mobile Electric Garage 178.02 Fairhope Laundry 226.14 Fairhope R stuarant 1.60 Parker House 3.40 Herb's 14.48 Julwin's 87.35 Shepherd Printing 55 09 Waller Bros. 163.64 Fairhope Single Tax Corp. 1, 354.48 It to " to (Library) 197.12 Quality Printing _ 529.73 Total 149555.20 Bank Balance 18, 616.06 Electric Fund : Baldwin Computer Service - Final Municipal Electric Utility Assoc. Parker & -White Hatfield and Co. Moore -Handley Fairhope Auto Parts So. Auto Parts Co. U J Chevrolet Western Lumber Treadwell Ford Nix and Fleming Hill-Soberg Co. Industrial Welding Supplies Southeastern XKXd0DX4X Gastm Motor Co. Will Coggin Auto Radiator Fairhope Laundry Testing Bank Ala. Power Company 539059.86 Southeastern Power 39723.90 Gas Department Baldwin Computer Service Wm. E. Bright, Inc. Parker & White "' 3ore-Handley Forestry Equip. CO) Fa.irhope Auto Parts So. Auto Parts Material Sales Control, Inc. Pringle Gas Meter Repair Gastn Motor Co. Fuel Oil Supply Kearney's Valve Repair airhope Laundry Conecuh-Monroe Counties Gas United Gas Pipe Line Co. Recreation Parker & White Coastal Concrete Material Sales Building Supply Bank Balance $ 192.05 19755.92 1,925.00 11438.50 520.67 5.52 24.93 132.02 18.15', �- 7. 94 176.07- 920.76 1.25 Lab. 14.45 16.26 1,79.41 28.08 79356.98 $119580.24 192.06 2,475.00 19925.00 141.00 14.46 34:73 6.88 50.45 649.34 230.15 3.64 6.50 25.00 119.04 490.04 44.578.11 509941.40 569508.18 350.00 11.25 80.47 Center 61.80 503.52 Bank Balance 39 359.35 Water and Sewer Merchants Nat'l, Bank Trustee Baldwin Computer Service Parker & white - HUD Audit Parker & White Wallace & Tiernan Moore -Handley So. Auto Parts Western Lumber Silverhill Farmers Assoc. McKesson Chemical Material Sales Neptune Meter Wallace & Tiernan Horton Concrete Pipe Co. Fairhope Clay Products Fairhope Laundry Fairhope Single Tax - Well Site Bank Balance $ 855.00 192.05 700.00 19 925.00 105.27, 29717.42 2.45 26.79 335.00 300.00 -80.47 574.40 370.06 1,000.00 142.00 102/18 8.6o 99436.69 15073.31