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HomeMy WebLinkAbout03-28-1977 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope, Alabama met in regular session on Monday, March 28th, 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 and Billy Don Wiggins. The minutes of the March 14th, 1977 meeting were approved. Judge Phyllis Nesbit came before the Mayor and Council to express her thanks for the bench which had been built for her to use during court at the Civic Center. Councilman Sam E. Box moved, seconded by Councilman Billy Don Wiggins, for final adoption of Ordinance No. 585, an Ordinance amending Zoning Ordinance No. 557, by the rezoning of property of Mr. Byrd L. Moore to R-3. Motion carried. Mr. William Watson, Jr. came before the Mayor and Council to represent his application for a beer license at the proposed Montrose Tennis Club. Mr. Watson stated that the club would be private membership only and would not be a restaurant or a bar. After a discussion, the Council told Mr. Watson that they would like to see the building erected before the issuance of a beer license. Councilman Sam E. Box reminded the Council that the six month period for the City's FY 1977 budget would be ending March 31, 1977, and requested that the Council meet to determine the progress being made once the financial statements for this period have been prepared. Councilman Billy Don Wiggins moved, seconded by Councilman Henry G. Bishop, for the City to accept the bid submitted by Mason McGowin, for agricultural land for the Airport Board, at $ 25.00 per acre, per year, for a three year period, and to,authorize the Mayor and City Clerk to execute the lease. Motion carried. Councilman Jack A. Stipes opened a discussion on the City's water rates. Councilman Stipes stated that he felt the City was losing money on water sold to apartment buildings in the City, and said that he estimated the average loss of revenues on just one apartment building in Fairhope to be from $ 1, 400.00 to $ 1,500.00 per year. The Council agreed that the water rates were outdated, and that at present the City had no commercial rates for water. It was decided that the water rates for apartments would be studied and included in the overall water rate study. Councilman Henry G. Bishop presented the Mayor and Council with his report on the cost of providing police and fire protection outside the Corporate Limits, but within the Police Jurisdiction of the City of Fairhope. This report shall become a part of these minutes. Councilman Henry G. Bishop moved, seconded! by Councilman Jack A. Stipes to adopt the following Resolution. Motion"carried. RESOLUTION WHEREAS, the CITY OF FAIRHOPE, a municipal corporation, has in force Ordinance No. 544, wherein /the CITY OF FAIRHOPE may levy One -Half (1/2) the amount of license tax for persons doing business without the City but within the police jurisdiction of the City of Fairhope, and WHEREAS, the Finance Chairman of the City of Fairhope, did make an>investigation and report his findings to the Mayor and Council of. the City of Fairhope, wherein, in the year 1976 the City of Fairhope did under its levy of One -Half (1/2) of its license tax within the Police Jurisdiction, but without the cor- porate limits of the City of Fairhope, take in $ 7,810.73 - and WHEREAS, the Finance Chairman did investigate and report to the Mayor and Council of the City of Fairhope, that in the year 1976, the City of Fairhope did expend for the Police protection within the police jurisdiction of the City of Fairhope a total of $26,638.00 and WHEREAS, the City of Fairhope did expend the sum of $2,.?/ L"I for Fire Protection without the City Limits of the City of Fairhop� but within its police jurisdiction; NOW, THEREFORE, BE IT RESOLVED that 1. The City of Fairhope expenditures in the Police Jurisdic-� tion did exceed the revenues collected from the Police Jurisdiction 2. That the City of Fairhope does hereby ratify and confirm the levy of 1976 of 1/2 the amount of license tax under Ordinance 544, Section 9-10 and the said license tax is for Police and Fire Protection only and not for revenue. 3. That the City of Fairhope levy for the year 1977, 1/2 the amount of license tax under Ordinance 544, Section 9-10 for Police land Fire Protection only, and not for revenue. 4. That Ordinance Number 544, Section 9-10 be, and the same lis hereby RATIFIED. ADOPTED THIS THE 28th (ATTEST: CITY CLERK DAY OF March 1977. MAYOR MR r REPORT OF FINANCE CHAIRMAN . t TO THE'MAYOR AND OTHER MEMBERS OF THE CITY COUNCIL OF THE CITY COUNCIL, FAIRHOPE, ALABAMA. GENTLEMEN: PURSUANT to your request, I, H. G. BISHOP, Fianace Chairman of the City of Fairhope, did investigate the sums ex- pended by the City of Fairhope for Police and Fire Protection outside o:'_ t-he corporate limits, but within the 3-mile juris- dic .ion title City of Fairhope, and hereby report to you my findings. 4 For the year 1976, the City of Fairhope received the szm of $4:., - M5 from licenses outside the corporate limits of the City of Fairhope, but within its Police jurisdiction. I further found that'upon a cost breakdown, the City of Fairhope did expend the sum of $26,638.00 for Police Protec- tion within,'he Police Jurisdiction of the City of Fairhope. I further found that the City of Fairhope ex ended the sum of $ 2D /r9 for fire protection with the City Limits of the City of Fairhope, and I further report to you that the total cost of Police and Fire Protection outside the City Lin.its but within the Police Jurisdiction of the City of Fairhope greatly exceeded the amount of license fees that were taken in. I further ask that this report be placed in tie Minutes of a Regular Meeting of the Mayor and Council of the City of Fairhope. Respectfully submitted, —' H. G. BISHOP, Finance Chairman HGB/vk r I Councilman Billy Don Wiggins moved to appoint Mr. Joseph Osterberger to the Fairhope Park and Recreation Board to fill the expired term of Mr. Charlie Gravat, whose term expires in March, 1977. Mr. Jack A. Stipes seconded the motion. Upon being put to vote the following vote was recorded: AYES: David E. Bishop, Henry G. Bishop, Sam E. Box, Jack A. Stipe! and Billy Don Wiggins. NAYES None. Mr. Joseph Osterberger was appointed to serve as a member of the Fairhope Park and Recreation Board until March of 1982. Councilman David E. Bishop moved, seconded by Councilman Billy Don Wiggins, to adopt the following Resolution. Motion carried. RESOLUTION WHEREAS, Alabama Power Company (Company ) filed an.application with the Federal Power Commission'(Commission) on April 30, 1976 under Docket ER-76-659, seeking an increase in its annual rates and charges from Alabama cooperatives and municipalities served by the Company in the total amount of $ 14,473,052, of which said amount $5,102,484 was the annual increase in rates and charges sought by the Company from the municipalities based on the 12 month period ending May 31, 1975, and, WHEREAS, the Commission, by Order dated May 28, 1976, suspended the filing of the Company to October 1, 1976, on which said date the rates and charges of the Company proposed in the filing were permitted to become effective but under bond and subject to refund, with interest, and WHEREAS, representatives of the Company and the municipalities have had various negotiations and discussions relative to a possible settle- ment of this proceeding and a reduction in the increase sought by the Company from its Alabama municipal customers, and WHEREAS, as a result of said negotiations and discussions, it has been proposed that: (1) The Company would reduce the increase sought in its annual rates and charges from Alabama Municipalities from $ 5,102,484 to $ 3,617,968; (2) The Company would refund to its Alabama municipalities, on an annual basis, the sum of $ 1,484,516, plus interest at 9 %, with the interest to be calculated and the refund to be made from the date of such payments by the municipalities to the Company until date of refund, and (3) The Company will�not seek or propose any further or other increases in any of its rates or charges to the municipalities to become effective prior to January 1, 1978, and WHEREAS, said proposal has been considered, is understood and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD ( CITY ) as follows: (1) That the proposal of settlement summarized above be and the same hereby is approved. (2) That the attorneys for the Alabama Municipal Electric Utility Association be and they hereby are directed and empowered to implement and see that the appropriate agreements are consummated to carry out the foregoing settlement and appropriate orders entered by the Federal Power Commission. RESOLUTION_( continued ) (3) The agreement referred to above represents a negotiated settlement and neither the Alabama municipalities nor the Company shall be deemed to have approved, accepted, agreed, or consented to any rate making principle or any method of cost service determination or rate design or any allocation underlying or supposed to underlie, the rate or refund resulting from the agreement. ADOPTED THIS THE 28th DAY OF MARCH , 1977. ATTEST: CITY CLERK Councilman David E. Bishop moved, seconded by Councilman Jack A. Stipes, for the City to proportionately reduce the electric rates by exactly what the City receives in way of a rate reduction from Alabama Power Company, if and when the City receives such a reduction. Upon being put to vote the following vote was recorded: 'AYES: David E. Bishop, Henry G. Bishop, Jack A. Stipes and Billy Don Wiggins. NAYES: Sam E, Box. Motion carried. Mr. and Mrs. Jeff Cain and other residents of School Street came before the Mayor and Council to discuss the drainage situation, regarding the drainage coming down from Fels Avenue. Property owners said that the addition of parking lots, streets, curbs and gutters, etc, was causing the water to run-off much faster causing errosion problems, flooded lots, and making the road impassable after a -heavy rain. After a discussion between members of the Council and property owners present regarding various possible solutions to the drainage problem, Councilman Jack A. Stipes, Chairman of the Street Committee, said that he would meet with City Engineer Ack Moore, and take him to look over the situation, explain what the property owners would like to have done to rectify the drainage problems, and find out what it would cost to have an Engineer's Study made of the area, and report back at the April 11th meeting of the Council. Fire Chief Walter Mack Yohn came before the Mayor and Council and requested that the City send five (5) men to fire college at a cost to the City of $ 1,250.00. Councilman David E. Bishop moved, seconded by Councilman Jack A. Stipes to authorize five men to go to fire college. Motion carried. Fire Chief Mack Yohn told the Mayor and Council of donations from the County Commission in the amount of $ 500.00, and a donation from the Tuberculosis Association in the amount of $ 200.00, to be used for the purchase of equipment for the fire department. Chief Yohn stated that the fire department would like to use this money for the purchase of pagers, and asked the Council to consider matching the fire departments $ 700.00 in order to purchase five or six pagers at an approximate cost of $ 249.00 each. The Council decided'to take this request under advisement and report their decision back at the April 11th meeting. a The Mayor and Council discussed the City's policy on deliquent utility bills. Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes to establish the following policy on deliquent utilities: 1. Utility bills are deliquent after ten (10) days from the receipt of bill, and a five percent (5%) penalty is added onto the bill. 2. As soon as possible after the tenth (10) day the five (5) day deliquent notices are sent out. 3. After the fifth (5) day all unpaid bills are cut-off for non payment. Motion carried. Councilman Jack A. Stipes moved, seconded by Councilman David E. Bishop, to set up a committee of the following people to hear justifiable hardship cases on non payment of utilities: Councilman Henry G. Bishop Councilman Billy Don Wiggins City Superintendent Jack Kirk. Motion carried. This being the date set for the opening of bids on street equipment, the following bids were received: Truck Equipment Sales, Inc. One (1) flat bed dump Dump body and hoist Gulf City Body and Trailer One (1) flat bed dump Dump Bill Steber Chevrolet One (1)- 1 2 ton dump One (1)- 2 Ton truck $ 2,160.69 1,914.55 $ 2,320.60 NO BID $ 6,705.61 9,373.72 Councilman Jack A. Stipes moved, seconded by Councilman Billy Don Wiggins, to accept the low bid of Truck Equipment Sales for a flat bed dump body in the amount of $ 2,160.69 and the bid submitted by Bill Steber for a 1 2 ton dump truck in the amount of $ 6,705.61, providing bids meet specifications, with half of the cost to be paid from the electric fund and half to be paid from the gas fund. -Motion carried. Councilman Jack Stipes said that he was going to meet with the Colony re- 'garding the curb and guttering of the west side of Knoll Park on Bayview, on thursday March 31, and would report back to the Council at the next meeting. Councilman Jack A. Stipes reported on the drainage situation of the Kilgore property. Councilman Stipes stated that he would have City Engineer Ack Moore look over the drainage problem on the Kilgore property and see if there is a way for the City to divert the water, and would report back at the April llth meeting of the Council. Councilman Billy Don Wiggins moved, seconded by Councilman David E. Bishop, to adopt the Street Safety Study as prepared by the State of Alabama for the City of Fairhope, with the exception of not removing the red lights recommended for removal in the study. Motion carried. Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes, to lay over on the employees merit system until a later date. Motion carried. Councilman Jack A. Stipes presented a sample complaint form for the Mayor and Council to look over, and stated that he felt it would benefit the City if these complaint forms were given out to citizens who wanted to file a complaint. There being no further business, on a motion duly made, seconded , and carried, the meeting adjourned. ` rep ATTEST: