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Home My WebLink About01-24-1977 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope, Alabama, met in regular session on Monday, January 24, 1977, at 7:00 P.M., at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama with the following members present: Mayor James P. Nix; Councilmen: David E. Bishop, Henry G. Bishop, Sam E. Box, Jack A. Stipes, Billy Don Wiggins. The minutes of the January 10, 1977 meeting were approved with the following correction: Councilman Henry G. Bishop moved, seconded by Councilman David E. Bishop to allow the Baldwin County Court System the use of the Fairhope Civic Center one day a week at the time specified. Motion carried. This being the date set for the Public Hearing on the rezoning of the J. Russell Kilgore property, Mayor James P. Nix called the hearing to order. The applicant desired a change in zone from R-2 Medium Density Single Family Residential District, to R-3 Limited Multi -Family Residential District, in order to construct 4-plex apartments, for the property identified as an acreage parcel located on the west side of Section Street at the northwest corner of Section and Pecan Streets. Mr. J. Russell Kilgore was present to represent his application Mr. Kilgore addressed those present at the hearing and explain. ed his proposed plans for constructing 4-plex apartments, and stated that he felt his request for re -zoning was in line with the over all comprehensive community development plan for Fairhope. Mayor Nix,then turned the hearing over to those present who felt they would be affected by a change in zone, for their comments. The following residents stated their ob- jections to the Mayor and Council: Mr. William V. Davis-- 375 Francilla Circle. Mr. A.I. Bauman 372 Francilla Circle. Mr. Paul:''.,14cGrath 373 Ridgewood Circle. Mr. Leslie Bung 394 Pecan; Gen. Frank Tobey 452 Ivy Circle. Mr. Richard Fye 390 E. Pecan Street The residents present at the meeting stated that they wanted the area to remain R-2 as presently zoned, and a call for a show of hands by Mayor.Nix showed a vast majority of the property owners in opposition to a change in zone. Councilman Sam E. Box moved, seconded by Councilman David E. Bishop, to deny the request of Mr. J.Russell Kilgore for a change in zone from R-2.to R-3. Motion carried. This being the date set for a public hearing on the rezoning application of Dr. Fred F. Diegman for a change in zone from R-2 Medium Density Single Family Residential District, to B-4 Business and Professional District., for the property identifies as the north 1S0 feet of the Carrie Young property in Lot 7, Section 17, Township 6 south, range 2 east; located at the southwest corner of Morphy and Ingleside Avenues, Mayor Nix called the hearing to order. Dr. Diegman was present at the hearing to represent his application and stated that he had submitted a covenant running with the land which specifically indicates that the thirty-five (35) foot strip fronting on Morphy Avenue will be maintained as a landscaped area. Adjacent property owners present at the hearing stated that they had no objections to a change in zone providing that there will be'no ingress or egress of traffic off of Morphy Avenue. Councilman Sam E. Box moved, seconded by Councilman Henry G. Bishop that the application of Dr. Fred Diegman be approved providing: 1. That the thirty five foot strip fronting on Morphy will remain R-2 as a planting area. 2. That there will be no ingress or egress of traffic off of Morphy Avenue. , 3. That the restrictive covenant running with the land be included in the deed. 4. That the year waiting period is not held against the applicant since the 150 foot strip was not considered for rezoning in the first application. Motion carried. Councilman Henry G. Bishop moved, seconded by Councilman Sam E. Box, to grant a beer permit to Greer's Grocery Store in Fairliope. Motion carried. Councilman Jack A. Stipes moved, seconded by Councilman David E. Bishop, that the application for a beer permit by Mr. Eugene Bosby at the Young Street Service Station be held over until the February 14, 1977 meeting of the Council. Motion carried. The application of Mr. W.R. McPherson for a beer permit was held ,over for two (2) we,eks. "The Council requested that Mr. McPherso '#be,asked, to appearat the February 14, 1977 meeting of the Counc 'Councilman Henry G. Bishop moved, seconded by Councilman Sam E. #Box for the City to go,,out-,on bid for a new police car. Motion "carried. Cquricilman*Sam E`. Box moved, seconded by Councilman Billy Don Wiggins,'to adopt the following addition to the Resolution establishing employees pay scale: RESOLUTION BE IT RESOLVED=BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the following employee is to be included in the ammendment establishing payscale for City Employees, and is hereby ammended to read as follows: ELECTRIC FUND Louis M. Kirby 13,665.18 to be given over a two(2) year period every six months, until ,salary is the same as other department heads. ADOPTED THIS THE 1'qril" D1 ATTEST: '� z2Lalog /, r ITY LERK 1. Upon being put to vote the following vote was recorded: AYES: David E. Bishop, Sam E. Box, Jack A. Stipes, Billy Don Wiggins. Nayes: None. Abstain: Henry G. Bishop. Motion carried. Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes to pay the bills as presented. Motion carried. Councilman Jack A. Stipes moved to introduce the following Ordinance: r is a` Ai, e 0RD1!ZVCU V110. AN ORDIVANCE TO D STADLISH A POLICY OF ACCRUr-D SICK LEPNE TFX NUMER OF DAYS TIMT .7"M 7=11-WE ANTMALLY, TOTAL mur"ER Or, DAYS 10HAT 114LINY WE ACCUMOLAr-"E'Do WIMT CONSTITUTES SICK LEAVE : PRO- CEMURE FOR REQUESTING SIC1Z LEAVE, BE IT . ORDAINED BY THE CITY COUNCIL OF THE CITY OF Fmraqon, 7-1.LABAMA: SFCTIO*.,q I. ACCRUED SICK Fulltime employees of the City of Fairhope may accrue four (4) hours sick leave for each full bi-weekly pay period for a ruaXimum accrual of'13 days -par year. EIMPlOYCOS IMly accumulate up to 120 days sick leave and no more. Lump um payments for sick leave is hereby prohibited. Sickk leave is not the same as annual leave which the er.ployea is granted as a right. Sick leave shall be granted to an employees, when available to his credit, under the following . -conditions: (1) Incapacitated for performance of duties by sickness, injury or pregnancy confinement. (2) mledical, dental Or Optical examination or treatment. (3) Required care and attendance by the employee of a member of his inuiediate family who is, afflicted with a contagious disease requiring quarantine or isolation by the health authvrit4es. (4) Exposure of employee to a contagious disease requiring quarantine. (5) To a disabled veteran for the purpose of receiving medical treatinant. (6 1 ) For the period of illness or disability which caused the coplovee's absence immediately prior to his death. (7) When an employee is separated because of physical or mental incapacity to perfonza the duties of his Position, he Shall be granted the acc=ulated sick leave to his credit. (8) Mhen sickness of an employee occurs within a period of annual leave, such time may be charged as sick leave, pro- Viding application is male 1,.,it2-,J;1 two (2) days after return to duty, and provided it is Cul�)atant.4,ated in the same manner as any other request for sick lezp,7e. I I 0 SECT101; 11 - P-ItOCEDURL FORI REOUSSTING SICR LZIM, (1) 7�4atificatlion. Ar, oniployee, who is absent bacauce of sicItness, as outlined und'ar Paragraphs Section I,. (1),(3)o & (4) abova shall notify his ire ;O_aiate supervisor by tclGpbono or in viritina on tho-firot day of such absence or as soon as po=lble when unusual circun, stances &Xist- When the absence is fo-- three (3) days or less, tho omploycc shall submit his writton request - to cover such leave for approval wit'A'Un two (2) ,Yo_k days upon return to duty. Sic -. lcav�,-.- roe-juestS shiall be rtr'p4-ovcd or di.:, - approved by the supervisor. (Sick Lcave r,3cordo Of employees shall. b;:handled in a porsonal, confidential nanner- Such records may bo maintained in the office of the City Clerk or Dept. Head, as ap:pronriatc-) EMI'10Yees will 110 Paid for Sick leave providecl that (a) he has the leavo available, 'and VA tha immediate supervisor considc�_rs tho absence valid and certifiei-o the attendarice reCordo 4ndiCating sick l0aVG is authorized. (2) Tentativo Ap-proval. Sick leave, as outlined in para- graph s, USr-ction 1 (2) arid. (5) zid)ove, shall bo requcatc-10- for tentative approval prior to the beginning, of UIO lc,-VO- Final approval shall be granted only after a deteraiinal-.ion is Madc as tothhe actual houra neodeel. Excensive travel tirle for such -Pur- poses shall not bo approved as sick leave- (3) Initiated b7 IM.1-,Cdiate Supervisor. Sick leave re- quests under SeCt4on 1 (6) and (7) above shall bO irlitiated by the emploYce'S stv,.x;xvIsor -apon request by the elul)10yee- t- t, sick leave requec;ts (4) -`iedical Ct�xtific,-'.'-f�s to 3ur,100r w-iii be required for: (a) Pa.ocncr.,i, in o:zcozz; of threa daY-S. In extrena ca040G, - the employge's stater.ent is acceptable in lieu Of a -�Cdic:'Ll certificate, provided the ctl-atezoont meets cOrtditiOns sct forth in Section I hcr�of- Tjje _tIc-dical certificate must be Sub- mitted by the employee wit-hin fifteen (15) calandar days after An e-,%)joyea Cjho 1).as L-cen ab.-�ent- becati-so 0*. return %-.o duty. illness for more than slztven (7) cal,�v%dar days shall be by a licensed zodiczI phyoician to doternino if the ernploVC0 physically fit to r0sUMG hIs cl-utiGs, if required by the i.L-ric e su-,p-ervisor. -2- If a ricdic.-al physician declares the M-iiPloyee ab-1-C to return to duty, then the employee shall be, considered in a duty status, without charged leave, for the period necessary for the. e,-,.amination; otherwise, the eriiployee will remain in a leave status. The exaployee shall not be allowed to use sick leave prior to izian- datory or optional I retiremont unless; he is incapaci-fated for duty. Extended sicit leave is only for employces who have been officially approved for disability retirement and those with serious medical problems, such as convalescence from surgery, heart- attack, etc. The practice of using all remaining sick leave in an em-ployea's account prior to optional retirement is prohibited. SECTIOM III - All other Ordinances in conflict be, and the same are hereby repealed. I SECTIO111 IV - This Ordinance shall take effect upon its due adoption and publication as required by law. I PIDOPTLD 11"RIS THE DAY or 1 D77. ATTEST: CITY CLL.".U',' Councilman Jack A..Stipes moved, seconded by Councilman Billy Don Wiggins, to accept a Performance Bond on Mr. Robert M. Green in the amount of $ 20,000.00, in lieu of actual completion of improvements and utilities in Deep Tree Forest Subdivision Unit Four. Motion carried. Councilman Jack A. Stipes moved, seconded by Councilman Sam E. Box, to correct the drainage situation on Myrtle Avenue, by purchasing approximately five (S) yards of concrete at a cost of around $ 200.00. Upon being put to vote the following vote was recorded: AYES: Henry G. Bishop, Sam E. Box, Jack A. Stipes, Billy Don Wiggins. NAYES: NONE. ABSTAIN: David E.Bishop. Motion carried. There being no further business, on a motion duly made, seconded and carried, the meeting adjourned. A ATTEST: C I - CLERK t BILLS ELECTRIC DEPARTMENT Baldwin County Ebb Certified Laboratories Gaston Motor Co Nix and Fleming` Supply Co Southeastern Testing Laboratory Simplex Western Lumber Co Total 803.20 615.75 2.29 73.19 5.47 420.40 172.11 2,092.41 BANK BALANCE 1-20-77 74,389.26 BILLS GAS DEPARTMENT William E. Bright, Inc. Dixie Laboratories Conecuh-Monroe County Gas District Davis Meter and Supply Division Fairhope Auto Parts Foley Tractor Inc Gaston Motor Co Griffin Motor Supply Nix and Fleming Supply Co Riviera Utilities Total BANK. BALANCE 1-20-77 r 825900 50.00 453.23 319.39 49.97 198.06 34.75 6.16 37.06 195.41 2*169.03 72,207.95 B n v BILLS WATER DEPARTMENT Centurion Chemical Co LTD 130.30 Certified Laboratories 717.75 Davco-Defiance 40.64 Fairhope Auto Parts 20.52 Fisher Scientific Co 6.21 Jim House Associates 637.64 Moore Handley 1229.79 .,MA ssion Chemical, 630.00 Marirra-Specialty" ,, 47.04 1 Napasco", -' ' a ':31.26 Western Lumber Co ` + ,` ,� '+ 13.31 Wallace and Tierman 555.54 CASH IN BANK 1-20-77 Total 4;060.00 0 S.464.76 BILLS GENERAL FUND Baldwin Industries Bell Company Bay Bee Garage Cowles Printing Jack Cocke and Co., Inc Coca-Cola Bottling Co Dixie Dozer and Equipment Exxon Fairhope Florist and Garden Fairhope C B Cenber Fairhope Auto Parts Fairhope Pharmacy Federal Sign and Signal Corp. Fairhope Hardware Gaston Motor Co. Fairhope True Value Hardware B F Goodrich Holk's Gulf Oil Corp. Ingersoll's Refrigeration Klumpp's Farm and Garden Leary and Owen's Sqp Polnent Co Richard Lacey Marins Specialty Marcellino's ` Nix. and Fleming Supply Co ' NCR y,Paymaster Checkwriter , Riviera gtilities � F 1 112.50 143.40 1.75 180.70 108.80 21.90 1546.00 2098.80 45.00 ° 14.25 384.70 9.89 183.92 162.78 791.63 8.23 377.bO 78.44 255.48 15.00 14.96 8703.19 NEr�1 i= n�C ity%~ 35.00 A84.87 62.00' 23-Z..99 294.40 204.50�' 26.93 7 v 1 4 (General Fund Bills Con't) Radclift Materials Safety Kleen So Central Beth& of of At t1 t1 81 Thomas Hospital Western Lumber Co Waller Brothers 75.71 20.00 6.24 6.24 34.44 1316.00 72.50 94.80 5.86 Total �17 836. 0 BANK BALANCE: JANUARY 20, 1977 c $121,670.44