HomeMy WebLinkAbout07-10-1978 Regular MeetingLl
J
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session
on Monday, 10 July 1978, at the City Administration Building,
387 Fairhope Avenue, at 7:00 p.m.
Present were Mayor James P. Nix, Councilmen David Ed Bishop,
Sam E. Box, Henry G. Bishop, Billy Don Wiggins, and Jack A. Stipes
City Attorney John Duck and approximately 75 townspeople.
Minutes of 26June regular session and 5 July special session
were duly approved.
As duly advertised,this meeting was a public hearing on the
rezoning of four parcels of land owned by Olympia C. Dyas and one
block of parcels owned by D. Turnbull, E. Roberts, D. Stapleton,
E. Creamer, F. Houtkamp, I. Pierce, G. Fuqua, A. Hughes and
E. Pedneau.
Mr. Carlton Neimeyer presented the Dyas requests on each of
the four parcels. The Planning & Zoning Commission recommended
denial on all four requests:
Dyas Parcel #1 - Request change from R-4 and R-1 to B-4.
There was no one present who lived within 300' of this
parcel. Of general attendance, 5 were in favor and 26
were opposed. Councilman Stipes moved request be denied.
Upon a second by Councilman Box, motion passed unanimously.
Dyas Parcel #2 - Request change from R-1 to R-4.
Mrs. Jeanette Parwell spoke of the concern of Colonial
Acres home -owners about traffic through their area to
this parcel. There was no one present who lived within
300' of this parcel. Of general attendance, 7 were in
favor and 33 were opposed. Councilman Box moved request
be denied. Seconded by Councilman Henry Bishop, Vote was
Councilmen Box, Henry Bishop, and Stipes in favor, Council-
man Ed Bishop opposed. Councilman Wiggins abstained due
to possible prejudice as a downtown businessman. Motion
carried to deny the request.
Dyas Parcel #3 - Request change from R-1 to B-1.
Mrs. Taylor expressed the fact that the property owners
who live in the affected area had bought their property
to be living away from town. These zoning changes would
move the town in around them again. Mr. Richard Able
brought up increased Police and Fire responsibilities if
property is zoned business instead of residential. Mr.
Neimeyer said the property is now bringing in no City
income as compared to what a shopping center would gen-
erate. Mr. Bill Butterworth said the Planning & Zoning
Commission had presumably weighed all these factors before
recommending denial and it would be rather insulting to
them to overrule a decision made by those responsible
for such matters. Of those present who lived within
300' of this parcel, no one was in favor and 4 were opposed
to the change. Of general attendance, 7 were in favor
and 33 were opposed. Councilman Henry Bishop moved request
be denied. Seconded by Councilman Box, motion carried
with Councilman Wiggins abstaining.
Dyas Parcel #4 - Request change from R-1 to B-4.
No one was present who lived within 300' of this parcel.
Of general attendance, 8 were in favor and 35 were opposed.
Councilman Box moved request be denied. Seconded by Council-
man Henry Bishop, motion carried with Councilman Wiggins
abstaining.
This concluded the hearing on the Dyas property.
NOTICE 1, IC MEETING
There will be a pub , ai., with the City Council,
City of Fairhope on Monday, July 10, 1978 at 7:00 p.m.
at the City Administration Building 387 Fairhope
Avenue, Fairhope, Alabama to discuss a change in
zoning from R-2 Medium Density Single Family
Residential District to B4 Business and Professional
Office District in the interest of the following parties:
1. Duncan Turnbull: Lots seven (7) and eight (8),
Block (3), Division (4) of the land of the Fairhope
Single Tax Corporation on Bancroft Street in the City
of Fairhope, Alabama as per its plat thereof filed for
record September 13, 1911, Misc. Book 1, Pages
320-21, Probate Records, Baldwin County, Alabama.
2. Ed Roberts: Lot five (5), Block two (2), Division
four (4) of the Land of Fairhope Single Tax
Corporation as per it's plat thereof filed for record on
September 13, 1911, Miscellaneous book 1, pages
320-321, probate record Baldwin County, Alabama,
Section 17, township 6, range 2 east.
3. David Stapleton: Lot six (6) and the South half of
Lot 7, Block 2, Division four (4) of the Fairhope Single
Tax Corporation on Bancroft Street in the City of
Fairhope, Alabama.
4. Ella J. Creamer: The East 10 ft. of Lot one (1), the
East 10 ft. of the North half (N%) of Lot two (2), the
North half (N1/2) of Lot seven (7) and all of Lot eight
(8), Block two (2), Division four (4) of the land of the
Fairhope Single Tax Corporation on Oak Street in the
City of Fairhope as per its plat thereof filed for record
September 13, 1911, Section 17, Township 6 South,
Range 2 East, Baldwin County.
5. F.H. Houtkamp: Lot one (1), Block Fifteen (15)
being the North 66 ft of West 132 ft of said Block 15
after allowing for the extension of Oak St. and
Bancroft St., Division four (4) of the land of Fairhope
Single Tax Corporation in the City of Fairhope,
Alabama as per its plat thereof filed for record
September 13, 1911 and the above extension of streets,
Section 17, Township 6 South, Range 2 East, Baldwin
County, Alabama.
6. Irene Pierce: Lot two (2), Block fifteen (15),
Division four (4), of the Lands of the Fairhope Single
Tax Corporation, on Bancroft St. between Oak and
Pine Streets in the City of Fairhope.
7. Gene Fuqua: Lots three (3) and four (4) of Block
fifteen (15), Division four (4) of the lands of the
Fairhope Single Tax Corporation, situated in Section
seventeen (17), Township 6 South, Range two (2)
east, located on the Northeast corner of Bancroft and
Pine Streets.
8. A.W. Hughes: Lots five (5) and Six (6), Block
fifteen (15), Division four (4) of the lands of the
Fairhope Single Tax Corporation; situated in Section
seventeen (17), Township six (6) South, Range 2
East; located on Pine Street approximately 132 ft.
east of the northeast corner of Bancroft and Pine
Streets.
9. Etta Pedneau: From the Northeast corner of Block
fifteen (15), Division four (4) of the lands of the
Fairhope Single Tax Corporation, running South 33 ft.
and East 33 ft. to the Southeast Corner of the
intersection of Bancroft St. as presently extended and
of Oak St. as presently extended between Blocks
fifteen (15) and Sixteen (16), thence East along South
side of Oak St., 132 feet to the point of beginning,
thence South 132 ft. to a point and East 132 to the City
Park, thence North 43 ft and Northwestwardly 102.98
ft. to South side of Oak Street and West 80.2 feet to
point of beginning, designated on lessor's unrecorded
re -subdivision of said Block fifteen (15) as Lots seven
(7) and Eight (8).
All interested parties are requested to attend.
(Signed) Evelyn P. Phillips
Acting City Clerk
Z-&- W,,V S7*R� (20"/,� - �,-// f �g
in sight for its Th (eems to be no end to the
s. City' s blems, and I feel that it
ent some $2.7 woul ent for the Congress to
$53 million. In approve WOM nsion of the New York
•, the City was City Seasonal Financing Act or to agree
year with a $1 to any long-term multi -billion dollar
'icit. New York loans until the City comes to grips with
on its welfare its fiscal problems. Why should the
erall budget in American taxpayers reward New York
nt by New York City for only trying but not succeeding
�bt service and to put its house in order?
Philip Crane
McArthur
S."
Americans are fortunate to have a
explained his
man of high moral integrity speaking
it on these issues
out on the deteriorating state of our
the American
defense posture. General Singlaub will
ast week. "By
be an active spokesman on defense
imply consent."
matters and will be a key member of
instantly asked
the American Conservative Union
my sword over
Defense Task Force, chaired by
)e better to stay
Senator Jake Garn (R. UT). The
eneral chose to
General will also be featured in an ACU
though it meant
television documentary "Soviet Might
ry career. We
and American Myth: The United States
weakening the
In Retreat."
e of the United
It is our hope that the unbridled voice
explained. "It
of one of the most distinguished
my way I could
military men of our times may cause
responsibilities
our nation's leaders to realize the
„in order to free
treacherous course of our defense
it,>>
posture.
City Council Minutes
10 July 1978 Meeting Page 2
The block of parcels owned by those listed earlier in these
minutes made a collective request for a zoning change from R-2
to B-4. The Planning & Zoning Commission recommended request be
granted. Of those present who lived within 300' of this area,
no one voted in favor and 1 voted opposed. Of general attendance,
1 was in favor and 2 were opposed. Councilman Box moved the
request be granted. Seconded by Councilman Wiggins, motion passed
unanimously.
Councilman Stipes made a motion that the City go out on bids
for a Garbage Handling (self-contained unit) Transfer Station with
accessories. Seconded by Councilman Wiggins, motion passed
unanimously.
Councilman Henry Bishop moved a resolution to increase by
one step the salaries of three employees whose duties had been
expanded be adopted. Seconded by Councilman Wiggins, motion
passed unanimously.
Councilman Stipes moved the Personnel Regulations be amended
to comply with the State Attorney General's ruling that employees
on National Guard Duty would collect full pay as well as National
Guard pay. Seconded by Councilman Henry Bishop, motion passed.
Councilman Ed Bishop moved for acceptance of the Pole Rental
Agreement offered by Fairhope Cable TV, Inc. Seconded by Council-
man Stipes, motion passed.
Councilman Box moved for acceptance of a bid of $349.00 on a
window air conditioner for the Fire Department office. Seconded
by Henry Bishop, motion passed.
A resolution in opposition to a City Sales T x was received
from the Fairhope Single Tax Corporation. Mr. Mge_Dyson, S-x.,
had no comments to make at this time.
Mayor Nix reported the C.E.T.A. Drainage program had been
tentatively approved. C.E.T.A. can provide workers and supervisor!
but no equipment except hand tools. This will be taken under
advisement.
Councilman Wiggins moved for acceptance of City of Daphne's
offer of $300.00 per month for their,,use of Fairhope's Jail and
Police Radio until the end of the fiscal year. Seconded by
Councilman Stipes, motion passed.
Councilman Box moved for the advertisement of a Public Heari
on an Ordinance to be introduced at the August 14th Council meeti
to amend Zoning Ordinance on free-standing signs, maintenance of
landscaping, and set -back lines. Seconded by Councilman Wiggins,
motion passed.
Councilman Box moved for the advertisement of a Public Hearin,
on the rezoning of the Beard property to be held at the August 14t'
Council meeting. Seconded by Councilman Ed Bishop, motion passed.
Councilman Box moved the City allow prospective waterline
extension customers to make $50.00.deposits until contract is let.
Seconded by Councilman Wiggins, motion passed.
Councilman Henry Bishop moved Bills be paid as presented except
no payment should be made to Ogden Construction until General Super-
intendent advises City Clerk that work is complete as per contract
Seconded by Councilman Wiggins, motion passed.
City of Fairhope Council Minutes
10 July 1978 Meeting Page 3
Chairman John Parker of the Planning & Zoning Commission
addressed Council and called for action in the following areas:
{1) expert help be retained to obtain an overall design on how
to handle City's drainage instead of leaving this to individual
developers and (2) the Zoning enforcement officer's position
demands more expertise or additional manpower.
Chairman Parker reported the Community Appearance Board is
meeting regularly and will be presenting their recommendations on
a new Community Appearance ordinance about the first of October.
Meeting was duly adjourned.
Be it RESOLVED by the City Council, City of Fairhope, that
the following Employees be given a one-step salary increase.
Marii Ziegler
Doris Childress
Phil Rutherford
APPROI
ATTEST
� 4
Actin Ci y Clerk
s __IRHOPE SINGLE TAX CORPORATIO
ADMINISTERING
OFFICERS: FAIRROPE SINGLE TAX COLONY COUNCILMEN:
SAM DYSON, President ESTABLISHED 1895 MARVIN NICHOLS
D W4�R�OeLD Vice President 336-340 FAIRHOPE AVE. T. H. Brown
11 WW � Secretary FAIRHOPE, ALABAMA 36532 J. E. GASTON, Jr.
F. I. BOONE, Treasurer JOHN S. PARKER
TELEPHONE (205) 928-8162
July 7, 1978
Honorable Mayor James P. Nix
Members of City Council
Fairhope, AL 36532
Gentlemen:
It has come to our attention that a sales tax is being considered
for the City of Fairhope.
We wish to express our opposition to a sales tax as it is completely
against the Single Tax Principle. In view of the situation our Executive
Council adopted the following by unanimous vote at a meeting held July
6, 1978:
"WHEREAS the sales tax is detrimental to the free exchange of goods
and services between businesses and individuals and,
WHEREAS other forms of taxation especially taxes on land values should
be sufficient to support essential government services,
THEREFORE BE IT RESOLVED that the Single Tax Corporation is opposed to
the adoption of any ordinance imposing taxes on sales."
Adopted by unanimous vote
Executive Council
Fairhope Single Tax Corporation
Donald W. Gooden, Secretary
p % ,�,A���lly �v GENERAL STATE OF ALABAMA - NION - `tERY. ALAE3AMA 3611f)
23 May 1977
WILLIAM J. BAXLEY
9 1 0
ATTORNEY GENERAL
GEORGE L. BECK
`,
OE/UTY ATTONNtr 6tNIERAI
1977
L. B. SULLIVAN
AUG 2
EXECUTIVE ASSISTANT
U,` -
�
3
WALTER S. TURNER
DISTRICT 36
IE! ASSISTANT ATTOANtY GINERAL
MOBILE, AM
s
TOM CORK
ASSISTANT
S
CON/IOZNTIAL
�
JACK D. SHOWS
E
•CMIE/ INVESTIGATOR'-�-
,
f
Major General henry B.
Gray, III
Alabama.State-Military
Department
Office•of the Adjutant
General
!.
,Montgomery, Alabama 36102
National Guard.,:
'Military DepartmentV'- .
All employees of private business
or industry called to military
active duty are ;entitled to leave
i
of absence.from their civilian
occupations without —loss -=of- -pay-,
time-,�_ efficiency rating,- annual
'
or_�vacat ion- -leave .:
Opinion -by- Assistant --Attorney--
General Lett
Dear General.Gray:
We are in receipt of your request for an opinion wherein
you ask whether private industry or business which employs a
member of the Alabama National Guard etc. may require that em-
ployee to take leave of absence from said industry or business
without pay, annual leave or sick leave while attending two
weeks of annual training?
We answer your question in the negative. The applicable
statutory.language is patently clear and unambiguous. Title 35,
Section 185(13), Code of Alabama 1940, as amended 11973 Cum.
Sump.] states as ollows:
o
f Major G L1 Henry B. Gray, III
Page 2
23 May 1977
"All -officers or employees of the
state of Alabama, or of any county,
municipality, or other agency or
political subdivision thereof, or
-officers or employees of any public
or private..business or industry who
shall be active members of the Ala-
bama national guard, naval militia,
or the Alabama state guard organized
in lieu of the national guard, or
of any other reserve component of the
armed forces of the United States,
shall be entitled to military leave -
of absence from their respective
civil duties -and occupations on all
days that they shall be engaged in
field or coast defense or other
training or on other service -ordered
under the provisions of the -national
defense act, or of the federal laws
governing the_United States reserves,
without loss of pay; time, efficiency
rating, annual vacation, or sick leave,-
but no such person granted such leave
of absence with pay` shall be paid for
- ; more- than, twenty-one working days per
calendar. year, and such persons. shall --
be =entftled_,�_in _ add! tion, thereto.' - to
be- paid_for= -no more-tharr-_aenVy- one ---
working days=,_at>=-any--one --time=-wh l-e b•
called--
alled Eby--the--governo.r.=:�to =:duty- in==the=-
- act- ve --service-af- the=sta:te_._-This
section shall apply to all schools'
and institutions of learning supported
by state funds."-
Private business and industry are, by the mandates of the
foregoing statutory language, under an affirmative duty to insure
that all of its employees do not lose their civilian pay, time,
efficiency rating, annual vacation or sick leave while its em-
ployees are on active duty service.
We are glad to have been of service to you.
Sincerely,
William J. Baxley
Attorney General
WJB/wtl
REPORT FROM MUNICIPAL COURT FOR APRIL & MAY, 1978.
Total number of cases on Docket
216
Guilty Pleas or Found Guilty
130
Defendants found Not Guilty
7
Cases Nolle Prossed
16
Cases"Continued
7
Cases Dismissed
15
Bond Forfeiture(Number of Cases)
17
Defendants Failed to Appear
(Alias or D16B)
11
Defendants charged Costs only
12
Cases appealed
2
Bond Forfeiture $ 611.50
Fines Assessed 8,298.00
Court Cost Assessed 1,352.00
$ 10,261.50
n
(Signed) James H. Reid, Jr.
Municipal Judge
BILLS PAYABLE:
Operating Balances:
7/10/78 Council Meeting
Bosby Sanitation Contract
(Pd)
Gilheart-Telephone
(Pd)
Mayor's Salary
(Pd)
Baldwin Co. Civil Defense
(Pd)
First Nat. Bank-'75 G.O.R.W(Pd)(
H.C. Taylor -June Mileage
(Pd) (
McCain Uniforms (Old A/C)
(Pd) (
Moore Engineering
(Pd)
Transfer to Gen. Fd.
(Pd)
Fuqua -Telephone
(Pd)
General Fd.-G.O.R.W.
(Pd)
Southeastern Power Adm.
(Pd)
Transfer to Gen. Fd.
(Pd)
Rutherford, Norris &
Kirk - Telephone @ 11.18
(Pd)
General Fd.-G.O.R.W.
(Pd)
First Nat. Bank-G.O.R.W.
(Pd)
Rejczyk-Telephone
(Pd)
FNB-Ala. Poll. Control Bd
(Pd)
MNB-'53 Bond Series
(Pd)
-'72 Bond Series
(Pd)
72,837.00
Alabama. Power Co.
Altec Inc
Audio Visual
American Gas Asso.
Baldwin Co. E.M.C.
Baldwin Industries
Badger Meter, Inc
Baldwin Materials
Builders Hardware & Sup
Wallace C. Beard
Busy Bee Garage
Baldwin Computer
Chas. A. Born
Coca-Cola Bottling Co
Control, Inc
Cotton Printing
Cowles Printing
Certified Laboratories
Coastal Concrete
Dixie Equipment Co
Delta Exterminating
Dependable Sheetmetal, Inc
Dixon's Car Care
Eastern Shore Chamber/Commerce
Ebco Battery Co.
Eastern Shore Glass Co
Fairhope Single Tax Corp
Fairhope Laundry
W.D. Ford & Asso.
Fairhope Pharmacy
Fairhope Floor Covering (BEACH)(
Fuel Oil Supply
Fairhope Auto Parts
Foley Tractor Co
Fairhope Hardware
Green Nurseries
Garner' s Radiator Service
Grant Tractor Co.
Gaston Motor Co
General Corrosion Service
Autry Greer & Sons
John R. Greer
Hill Manufacturing Co.
5,853.14)
11.18)
300.00)
12.00)
6,510.42)
37.05)
408.45)
838.44)
1,755.00
289.50
400.67
19.95
80.55
18.25
91.05
217.50
182.00
420.84
424.46
22.50
174.94
1, 000.00
97.50
3,099.23
317.85
56.04
119.30)
418.72
386.21
60.60
1.59
19.00
72.00
19.61
330.28
314.95
GAS FUND ELECTRIC W & S
88,665.00 162,316.00 45,700.
(12,916.67)
( 11.18)
( 469.79)
( 4,533.92)
(13,333.35)
( 33.54)
( 2,348.96)
( 3,971.67)
120,859.96
( 11.
( 2,285.
( 138.
( 5,238.
-8)
33)
6)
75)
102.15
1,292.50
981.00
771.00
34.92
558.16
352.48
2,657.53
11.19
120.00
469.20
415.98
299.78
1,754.27
11.40
155.90
61.80
728.75
155.00
4.12
65.79
3.50
13.80 225.75
125.15
22.84 14.14
505.33
3.54 99.70
55.00
120.20
8.76
2.00
151.89
111.62
146.93
Please continue to next page......
BILLS PAYABLE - PAGE 2 7/10/78 Council Meet!
ADD ONS:
GENERAL FD
GAS FUND ELECTRIC W & S
Jim House & Asso.
1,3 .92
Hatfield & Co
3,420.93
Stuart.C. Irby Co.
1,230.40
Ingersoll's Refrigeration
68.00
Jeffery's Steel
52.07
Conrad Jackson & Sons
51.70
Key GMC Trucks
269.65
King Sales Co.
22.25
Leary & Owens
19.18
Musico
25.00
Marine Specialty Co
46.99
2,037.43 71.66 64.33
Municipal Electric Utility Asso.
1,755.92
Mobile Electric Garage
144.04
16.80
Moreland -McKesson Chemical
2,658.90
Mobile Fixture Co
129.00
Moore Business Forms
377.52 377.52 377.52
Monroe Calculators
10.53
Mack Electric
519.00
MaterialL Sales Co (BEACH)
( 1,250.36)
Material Sales Co
190.63
15.54 34.75
National Linen Service
31.36
Neptune Meter Co
595.58
Ogden Construction(FINAL PMT)
(Out of Special Cking Acct)
(( 5,000.00))
Progressive Machine & Tool
45.00
Pringle Gas Meter Repair
95.10
Quality Printing
260.43
Radcliff Materials (BEACH)
( 74.11)
Radcliff Materials
277.74
Rockwell International
154.81
Radiola Welding
13.00
Rudy's Automotive Supply
15.66
South Central Bell
(Gas Telemetering System)
430.30
Southern Meter & Supply
1,815.20
Silverhill Farmers
65.20
Safety-Kleen
22.25
Servisco
57.36
Simplex Time Recorder
45.15
Southern Door Sales
15.00
Spanish Fort Wrecking
50.00
Southeastern Testing Lab
15.05
Singer -American Meters
145.01
T.G. & Y. Store
279.63
Truck Equipment Sales
1,875.00
Unijax
73.90
U-J Chevrolet Co
195.30
US Dept of Energy -Southeastern
Power Administration
4,580.12
Underwood Builders Supply
17.78
Vulcan Signs
141.84
Vermeer Sales
183.32
Welding Supply Co
6.80
Wallace & Tiernan
27.00
Harold Western
5.00
John M. Warren, Inc
48.67
Western Lumber & Supply (BEACH)( 898.06)
Western Lumber & Supply
650.33
73.76 173.07 110.56
Totals
13,335.80
9,254.98 136,847.78 12,322.12
BEACH FUNDS-$17,454.00 Bills-
2,341.83
Dixie Laboratories -Paddock
Estates
247.20
BILLS PAYABLE ON LOAN PROCEEDS ACCOUNTS: Waterline Extension
Loan Approved to date
$200,000.00
Use to date
43,535.35
Balance
$ 56 , 64.65
Bills to be Paid:
Moore Engineering
$ 1,071.34
W. R. Mitchell Contractor
48,210.29
Total
$ 49,281.63