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HomeMy WebLinkAbout09-11-1978 Regular MeetingSTATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 7:00 p.m. at the City Administration Building, 387 Fairhope Avenue Fairhope, Alabama 36532, Monday, 11 September 1978. Mayor James P. Nix; Councilmen David Ed Bishop, Sam E. Box, Henry G. Bishop, Billy Don Wiggins, Jack A Stipes; City Engineer Ack Moore; and City Attorney John Duck were present. The minutes of 28 August 1978 Council Meeting were duly approved. A Public Hearing was held on request by Sam Irby & Stark Irvine for rezoning of their property from R-2 Medium Density Sing e Family Residential to B-4 Business & Professional. No one was present who lived within 300 feet of the property to be rezoned. Of general attendance, 1 person was opposed and 1 person was for the rezoning. The Planning & Zoning Commission recommended request be granted. Councilman Box introduced ORDINANCE NO. 620, an ORDINANCE amending ORDINANCE NO. 557, known as the ZONING ORDINANC , granting this rezoning request which will be finally adopted at the next regular Session. A Public Hearing was held on request by Tolora B. Robinson for rezoning of her property from R-2 Medium Density Single Family Residential to R-4 Low Density Multi -Family Residential. No one was present who lived within 300 feet of the property to be re- zoned. Of general attendance, 1 person was opposed and 2 people were for the rezoning. The Planning & Zoning Commission recommends request be granted. Councilman Box introduced ORDINANCE NO. 621, an ORDINANCE amending ORDINANCE NO. 557, known as the ZONING OR- DINANCE, granting this rezoning request which will be finally adopted at the next regular Session. Five bids were opened by Mayor Nix on sewer pipe. They were: Mid South Materials 2411 pipe .5 t Arc p i e 3.02 t Connectors $19.53 each Choctaw Pipe $ 7.02 ft $ 7.32 ft included Fayco $ 8.36 ft $ 8.36 ft --- Circle Pipe $ 9.45 ft $ 9.88 ft included Alabama Metal $ 7.84 ft $ 8.33 ft included Councilman Stipes moved for acceptance of Choctaw Pipe's b.id_-pso- vided specifications are met and that pipe be purchased• -from -•Gas oline Tax monies. Seconded by Councilman Ed Bishop, motion passed unanimously. Councilman Stipes moved to authorize City Engineer Ack Moore to look into landfill site and report back to Council before awarding contract on the Garbage Transfer Trailer. Seconded by Councilman Wiggins, motion passed unanimously. Councilman Henry Bishop moved for approval of one-year con- tract with St. John Engineers, Inc., to act as a consulting engi- neering firm for the City as described and set forth in the con- tract. Seconded by Councilman Stipes, motion passed unanimously. Motion by Councilman Wiggins, seconded by Councilman Box, that the following Resolution be adopted: Motion passed unanimous: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor James P. Nix, Councilman Henry G. Bishop, and Acting City Clerk Evelyn P. Phillips are to have access to the Safety Deposit Box in First National Bank of Fairhope belonging to the City of Fairhope and all previous appointments authorizing persons to have access to the Safety Deposit Box for the City of Fairhope be, and the same are hereby revoked and the First Nationa Bank of Fairhope is authorized to rely on this notice until notifi, in writing of revocation of such authority. Two signatures will be required for access to Box. N .y . Minutes of City of Fairhope Council Meeting 11 September 1978 Page 2 Councilman Stipes moved that City Superintendent Phil Rutherford be asked to look into the re-routing of School Buses in the Fairwood Boulevard-Patlynn Drive area. Seconded by Council man Box, motion passed unanimously. A general discussion of problems encountered by the public at the voting area during September 5th Primary Election resulted in several good suggestions on parking, fire lane, handicapped and ill voters, and ways to speed up time spent in voting booths. Thes suggestions will be brought to the attention of the proper persons for action. Councilman Ed Bishop moved to authorize the Mayor to sign a rental agreement with Alabama Power Company renting one 3-phase Power Transformer and six Type 2-C Power Fuses for $1,200.96 per month for plus/minus six months. Seconded by Councilman Box, motion passed unanimously. Councilman Ed Bishop moved for the addition of a 46 KV Oil Circuit Breaker at the Twin Beach Substation as outlined by St. John Engineers in a letter dated 11 August 1978. Seconded by Councilman Stipes, motion passed unanimously. Motion by Councilman Henry Bishop, seconded by Councilman Box, that the following Resolution be adopted: Motion passed unanimousli BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That WHEREAS, the Fairhope Single Tax Corporation has always playe ari active and vital role in the City of Fairhope, and WHEREAS, during our recent disaster the Fairhope Single Tax Corporation was quick to offer their assistance in a way that was needed and WHEREAS, the Fairhope Single Tax Corporation has offered to help the City financially in the amount of approximately $34,500.00 for the repair of certain streets, THEN THEREFORE, We, the Mayor and City Council of the City of Fairhope, do give the Fairhope Single Tax Corporation our heartfelt thanks for this financial assistance and all other assistance that it has given through the years. AND, BE IT FURTHER RESOLVED that this Resolution be spread upon the minute books of the City of Fairhope. Motion by Councilman Stipes, seconded by Councilman Wiggins, that the following blanket Resolution be adopted and sent by the Mayor to various officials, groups and citizens who were instru- mental in our attaining financial aid for flood damages: WHEREAS, on the 26th of July, 1978, heavy rains and lightenin caused severe damage to the streets and utility system of the City of Fairhope, and WHEREAS, financial assistance was needed to repair the damage without severely straining the financial stability of the Cit of Fairhope, and WHEREAS, after much time and effort on behalf of the City of Fairhope had been spent seeking financial assistance, the mu needed financial assistance was secured. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Fairhope that be thanked and commended for his outstanding help and service in securing this aid for our City, and this RESOLUTION be spread upon the minute books of the City of Fairhope. Lion passed unanimously. Minutes of City of Fairhope Council Meeting 11 September 1978 Page 3 Councilman Box introduced an ORDINANCE amending ORDINANCE NO. 350, known as the FIRE CODE ORDINANCE, which would change the year "1965" to read "1976". This Ordinance will be finally adopted at next regular session. City Attorney John Duck was asked to prepare an ordinance for introduction. at next regular session which would.raise the fee to be paid by applicants requesting zoning /RU'jWPnceCosts of publication, property -owner notifications by certified mail, and the record -keeping involved in requests coming to the Planning & Zoning Board, the Adjustments & Appeals Board, and the City Counci have risen so dramatically that the present fee is totally inadequa Mayor Nix announced a grant of some $1900.00 has been receive( from the Area Agency for the Aged and suggested this grant be used to convert the City Ambulance, which does not meet State Specifica- tions any longer,into a Mini -Bus. This bus will be used by our Senior Aides to make a twice -daily, three days per week, trip to the Greyhound and Mobile City Busline Terminals. Passengers would be the aged and infirm who have no other means of travel. So moved by Councilman Ed Bishop, seconded by Councilman Stipes. Moti( passed unanimously. Mayor Nix advised Council of a Special Session to be held in City Administration Building, 387 Fairhope Avenue, Fairhope, Al., at 5:00 p.m., Friday, September 15th, for the purpose of awarding the contracts on the Sewer Outfall work and Street Repair work. Bids on the Sewer Outfall work will be opened at same location, 10:00 a.m., Thursday, September 14th, and bids on the Street Repair will be opened at the same location, 10:00 a.m., Friday, September 15th. Councilman Wiggins announced the State Department of Conser- vation and Natural Resources received approval by the Heritage Conservation and Recreation Service to use Land and Water Conser- vation Fund assistance up to $51,068.00 for Phase I, Fairhope City Parks (Stimpson Field). Phase II and III have also been qualified for funding. 4� Councilman Box introduced an ORDINANCE amending ORDINANCE NO. 557, known as the ZONING ORDINANCE. This ordinance will delete Section 6.7 SIGNS as written and add an amended version of Section 6.7 SIGNS. Publication of notice of public hearing on this Ordinai will set Hearing date at 9 October 1978. Councilman Box moved the request by Mr. Charlie B. Middleton, for the removal of the garbage fee from his utility bill and appro, of his personal disposal of the garbage, be denied. Seconded by Councilman Stipes, motion passed unanimously. Councilman Henry Bishop moved bills be paid as presented. Seconded by Councilman Stipes, motion passed unanimously Meeting was duly adjourned. Ma or A tin City C er s ce 1 C!✓ BILLS S PAYABLE 9/11/78 City of Fairhope Council Meeting GENERAL FD Operating Balances 44,842.19 Bosby Sanitation Contr. (Pd) (5,884.34) Baldwin Co Civil Defense (Pd) ( 12.00) FNB-'75 COIN (Pd) ( 6,510.42) Ala Peace Officers Annuity and Benefit Fd & Dr. Education(Pd) ( 771.00) Transfer -General Fd (Pd) General Fd-GORW (Pd) Transfer -General Fd (Pd) General Fd-GORW (Pd) FNB - GORW (Pd) St. Dept of Revenue - Aug. Utility Priv Tax (Pd) FNB-Ala Pollution Control (Pd) MNB-'53 Bond Series (Pd) MNB-'72 Bond Series (Pd) Ala Public Power Association Audio Visual Services 60.00 Aamco Transmissions ABC Manufacturing 350.34 Bell & Company Baldwin Materials 385.61 Busy Bee Garage 26.90 Willie C. Beard Baldwin Computor (2 mos) 264.20 Coca. Cola Company 8.12 Coastal Concrete 257.71 Crawford Beverage 14.35 Casey Enterprises 117.21 Jack Cocke & Co 60.35 Certified Labs 196.00 Duck & Kopesky 168.69 Dixons Car Care 394.54 Dickey Company Eastern Shore Courier 231.54 Electric Shoe Shop 27.45 Empire Pipe & Supply Ebco Battery Co 160.25 Fairhope Laundry 266.40 Fairhope Hardware 44.44 Fairhope Floor Covering 12.95 Fairhope Auto Parts 267.38 Forbes Electronic Dist. Fairhope Pharmacy 17.80 Fairhope Exxon Service 16.00 Fuel Oil Supply 373.78 Autry Greer &CSbns 221.72 Gaston Motor Co 645.09 Grant Tractor Co 9.02 Gulf Oil Products 500.18 Jim House & Associates Hatfield & Co (BEACH) ( 267.75) Holland Pharmacy 43.86 Hill-Soberg Co Ingersoll's 618.50 Stuart Irby Co Jeffery's Steel 184.39 Kernite 58.18 Leary & Owens 1,654.28 Leo's 12.98 Lift Parts Service Co 16.46 A.P. Lamb Co GAS FUND ELECTRIC W & S FUND 79.310.38 96.813.78 75,138 58 (12,916.67) ( 469.79) 205.00 38.84 305.34 650.25 (13,333.35) ( 2,348.96) ( 3,971.67) (13,385.67) 440.66 1,005.45 ( 2,285 ( 138' ( 5,238� 709 34 83 55) 75) 28 97 6.35 129.91 59124 616 83 243.84 63.75 11.84 31.55 7.00 80.36 5.25 7,144.15 80.45 166.59 130 48 73.39 143 36 99.97 3.71 91[66 44 87 97I .22 5561.81 Continue to Page 2..... Bills Payable 9/11/78 Council Meeting Page 2 GENERAL FD GAS FUND ELECTRIC W & S McCain Uniforms 422.00 Marine Specialty Co Mobile Electric Garage 47.57 M & L Industries 23.07 Moreland McKesson 3M Company 376.00 Material Sales Co 286.47 Material Sales Co (BEACH) ( 99.13) Musico 25.00 National Linen Service 49.69 National Chemsearch 195.73 Neptune Meter Co ` Nix & Bennett Supply 351.61 OK Repair Service 207.95 Overhead Door Co 74.70 Parker & White 2,550.60 Pitman Realty 1,684.00 Quality Printing l,596.11 Radio Shack Radiola Welding Rudy's Automotive Sup 27.62 Romac Company Radcliff Materials 381.89 Southern Door Sales 128.69 Safety Signal Co 223.20 Bill Steber Chevrolet Southeastern Testing Lab Silverhill Farmers 15.20 Safety-Kleen Corp 22.25 Sears Southern Fastener CDrp 108.83 Southern Auto Parts T G & Y Store 645.89 T & E Tractor 670.00 TRW Customer Services 67.59 United Mum. Distributors US Dept Energy Southeastern Power Administration United Gas Pipeline Vermeer Sales & Service 348.93 Vasko Electric Co 28.00 Western Lunber Co 579.68 Welding Supply Co John M. Warren Co 503.03 Welding Engineering Supply West Brothers 26.77 Wyatt Safety Supply Water Treatment & Control Total all bills 19,354.14 Total Expenses from Beach Acct - $366.88 Operating Acct-Beach Fund $13,380.00 1,365.91 12.15 6.81 1,150.00 12.65 55.67 149.70 20.16 MIR 97.64 26. 600. 8 95.28 12. 0 1,150.00 1,150. 1,683.00 1,683. 28.93 59 26. 31. 69. 230.09 4,660.82 33,430.56 14.80 14.50 36.19 46.45 45,586.20 59.63 48 248.32 10,637.19 7,244. 7 September 11, 1978 Mr. Jack Curt City of Fairhope Fairhope, Alabama Dear Sir: Would you please take the $2.50 per month that I pay for garbage service off of my utility bill and let me take the garbage to the City Dump and pay an annual fee of $35.00. The garbage pick-up behind my shop is not on a regular basis and I have to contend with overloaded garbage barrels that the dogs turn over and I have to pick up. Thank you for your consideration in this matter. Sincerely, Charlie Middleton r � ©. Zed 3; log n��Y� FAIBHOPE 11MCIPAL COURT CASES FOR JULY, 1978 Total number of cases appearing on docket 149 Cases continued from previous month 1 Guilty pleas, or found not guilty 101 Dismissed, nolle prosse of found not guilty 18 Bond forfeitures 20 Alias issued for failure to appear 2 Cases continued 7 tkmber of Traffic cases 55 Number of non -traffic cases disposed of 66 Bond forfeitures $697.00 Fines Assessed 4,255.00 Court costs assessed 1 057.00 S16,009.00 Jrcipail Reid, Jr. Court Judge MCREATIC N BOARD Bills for August 1978 1. Village Square Trophy Shop 2. West Baldwin Water 3. Telephone 4. Coca-Cola 5. Parker & White P.C. 6. Port-O-Let 7. Moore -Handley 8. Carl Grant Tractor Co. 9. Underwood Builders 10. Material Sales 11. Western Lumber Co. 12. Green Harris Building Materials 13. Pylate Construction Co. $ 48.68 27.40 53'.31 7.20 400.00 21.00 9.25 195.36 436.04 8.89 4.50 65.35 591.50 $1,868.48 have City Council Meeting 8/14/78 Page 2 Councilman Henry Bishop presented and moved for adoption of a RESOLUTION commending City Employees for exemplary actions during the flood of 26 July 1978. Seconded by Councilman Wiggins, motion passed. Councilman Wiggins moved that all interested parties be asked to present proposals on acting as the City's fiscal agent for the up -coming bond issue. Seconded by Councilman Stipes, motion carried over two Nay votes by Councilmen Box and Henry Bishop. Councilman Stipes moved that City Attorney be notified and asked to attend all special sessions of the Council and also that all media be advised of all special meetings. Seconded by Councilman Wiggins, motion passed. Councilman Henry Bishop presented an outline of State laws dealing with Worthless Checks and suggested the Council consider taking legal action against people who have issued such checks to the City. Mayor Nix read to Council a letter from the Office of the Postmaster General, Washington, D. C., which stated that action has been initiated to increase the parking spaces and realign the entrance and exit areas at our local Post Office. Councilman Wiggins gave a report from the Airport Board. They -ively approved the transfer of lease from Alabama Aircraft to Bass Aircraft. Rental will be based on quanity of fuel delivered to Bass. Councilman Henry Bishop moved bills be paid as presented.. Seconded by Councilman Ed Bishop, motion passed. Meeting was duly adjourned. ting( City Cler Approve qtq�, P A • BILLS PAYABLE: 8/14/78 Council Meeting Page 1 erating Balances: 31,642.71 Bosby Sanitation Contract ( 5,853.14) L. Gilheart-Phone ( 11.18) Baldwin Co. Civil Defense ( 12.00) FNB-'75 GORW ( 6,510.42) H.C. Taylor -Mileage ( 39.15) Baldwin Co. Mental Health Appropriation for'77'78 ( 4,200.00) Robertson Ins Agency Adv Prem. on Police Liab Ins ( 2,052.00) General Fd Transfer G. Fuqua -Phone General Fd-GORW General Fd-Transfer Rutherford, Norris, & Kirk -- Phone (11.18 ea) General Fd-GORW FNB-GORW Ala Power Co St. Dept of Revenue -July Utility Priv. Tax M. Rejczyk-Phone FNB-Ala Poll. Control Bond NNB-'53 Series Bonds NNB-'72 Series Bonds ---------------------------------- Ala League of Municipalities '78-'79 Dues Ala Water & Pollution Control Association Dues Bedsole & Gwin 35.00 Wallace C. Beard Busy Bee Garage 2.00 Baldwin Co. Fence (BEACH) ( 508.00) Chas. A.Born Co Copy Products Co 57.35 Coca-Cola Bottling Co 55.65 Carloss Well Supply Jack Cocke & Co 570.88 Certified Labs Casey Enterprises 66.88 Mrs. J.W. Curtis Duck & Kopesky 225.00 Dixie Labs(to be billed to Major Homes, Inc) 79.70 Dixie Equipment Co 10.92 Dixie Dozer & Equipment 2,279.50 Dixon's Car Care 318.26 Dick's Wrecker Service 25.00 Eastern Shore Courier 285.60 ES Chamber of Cammerce 200.00 Ebco Battery Co 31.95 Empire Gas & Supply Exxon Company 2,842.20 Fairhope Laundry 261.56 Fairhope Florist 19.92 Fairhope Paving 103.35 Foley Tractor Co 345.15 Fairhope Welding & Supply Fuel Oil Supply 48.00 Fairhope Hardware 1.98 Fairhope Pharmacy 3.35 Fairhope Auto Parts 393.66 Green -Harris Bldg Materials(BEACH)C 34.03) Gaston Motor Co. 668.05 Sam Gambino 106.00 General Corrosion Services Autry Greer & Sons 548.18 CAq F[]ND ELECTRIC FD W & S 73,828.66 90,448.87 68,621 42 (12,916.67) ( 11.18) ( 469.79) 766.56 240.00 319.50 (13,333.35) ( 33.54) ( 2,348.96) ( 3,971.67) (162,485.58) (12,277.72) ( 11.18) ( 2,285 83 ( 138 55) ( 5,238 75) 12 00 90.00 9.50 728.75 159.00 63.32 452.81 59.16 8.00 6.60 5.00 153.03 31.55 389 62 2,212 64 15 00 671 48 107 92 79.19 15.31 28 06 Please continue to next page..... BILLS PAYABLE 8/14/78 Council Gulf Oil Products Gulf Rubber & Gasket Hatfield & Company (BEACH) Horner Electric Motors Holland Pharmacy Hertz Equipment Rental Jim House & Assoc Ingersoll's Industrial Tractor Parts Stuart C. Irby Co Jeffreys Steel Co Lift Parts Service Co Leary & Owens Lamotte Chemical Co Marine Specialty Co Musico Moore -Handley (BEACH) Merritt's TV Sales Mobile Electric Garage Mack Electric Supply Material Sales Co Material Sales Co. (BEACH) Moreland -McKesson Moore Engineering (Paint W/Tank) National Linen Service Nix & Bennett Neptune Water Meters Otasco Store Overhead Door Co Pringle Gas Meter Repair Powell Upholstery Shop Quality Printing Radcliff Materials St. John Engineers Safeguard Business Forms So. Central Bell (Gas Tele- metering) Southern Auto Parts Southern Meter & Supply Southeastern Testing Labs Snow's Machine and Welding Sears Silverhill Farmers Assoc Sargent -Sowell Simplex Time Recorders Turner Supply Co T.G. & Y. Store United Gas Pipeline So US Dept of Energy -Southeastern Power Administration United Municipal Distributors Vasko Electric Co C.R. Wright Western Lumber & Supply Welding Supply Co West Brothers Wholesale Supply Co Western Auto Wesco Wallace & Tiernan Totals (BEACH funds: $16,080.85 Expenses: $ 1,563.23) 480.60 54.00 109.37 48.60 170.50 5,100.30 78.00 62.94 955.53 2 ELECTRIC FD W & S 36 21 4,543.90 196 30.00 1,461.84 1,077. 35 576.82 25.00 ( 167.00) 7.90 83.80 32.32 27.37 2.34 39.20 78 ( 800.20) 1,098 840 31.36 61.16 29.25 349.48 26 447 6.25 136.00 34.55 65 230.75 251.37 1,701.40 1,175.44 15.41 28.44 1.00 4.13 1,025 15.10 355.00 382.47 148.48 83 209.90 107.00 32.00 248 13.23 35,549.60 4,660.82 191.85 115 1,600.00 7.55 15 29.10 142.70 35.96 8.99 7.98 105.60 18.672.83 42.920.04 12,682.91 9,434.08 BILLS PAYABLE ON LOAN PROCEEDS ACCOUNTS Waterline Extension (South) Loan Approved to $ 200,000.00 Use to date 92,816.98 Balance $ 107,183.02 Bills to Pay: Moore Engineering (Lakewood Est) Moore Engineering W.R. Mitchell, Contractor '77 Street Paving Project Loan Approved to Use to date Balance Bills to pay: Moore Engineering Valta Construction Fairhope Paving Co Total $ 600,000.00 393,209.64 $ 206,790.36 Total 8/14/78 Council Meetin $ 1,555.10 875.06 39,377.80 $ 41,807.96 $ 435.74 16,576.20 3,031.61 $ 20,043.55 August 11 1978 Mayor and City Council City Of Fairhope Fairhope, Alabama Memo to above city government. Attached hereto is a petition by signees, as Parties In Interest, to the Planning and Zoning Commission through the Mayor and City Council :for their Immediate cognizance because thtLt body holds the ultimate responsibility. II Memo to: The .Planning Commission, City of Fairhope Attft: Mr. John Parker, President of the Comm-kssi_on and all members Re: Storm drainage as concerns Paddock Estates and surrounding environs August 10, 1973 We, the undersigned, residents of Paddock Estates and surrounding areas, wish to have on record our observations and opinions concerning the proposed subdivision called Covered Bridge Estates and its storm:drain— agewhich Is planned to be emptied into Big Read Gully, this gully being adjacent to Paddock Estates and receives most of the critical storm waters from Paddock Estates.. We understand. the Planning Comudesion. of the City of Fairhope has granted Major Homes, Inc:. provisional approval of their intention-, to empty the storm waters from Covered Bridge Estates into Big Head Gully. As residents of this area, it is our observation and educated opinion that this gully cannot receive more drainage waters without causing irreparable damage to properties in.this area. We,have observed the ferocity of the current in this canal under moderate rainfall conditions as well. as severe rainfalls, and surprisingly, the conditions are ,very similar. We feel very strongly that to pour more water into the gully will create a problemm for the residents in this area, and the City,, which will be of: extremely serious proportions. At the present time there appears to be a „back flow" from the gully into the street of Paddock Estates,. even.under a moderate rainfall such as; occurred Aagust 8, 1978. The rainfall on this day was not at all excessive and flooding was considerable and a "back flow is indicated. Mr.. Jack Pope of Major -Homes,, Inc. has committed his firm to an additional 24 inch stormy wELter sewer line from Paddock Estates to the 6n 4ly, ostensibily to be relieve the flooding conditions at the south east corner of Paddock Estates. Mr. Pope also insisted on.constructing a "flood relief flumet' on Lot 6 of Paddock Estates whic�h.will empty towards the Thomas property to the west.. This is intended to provide for utnusu' al conditions in. case that the storm. water system cannot acconmodate� the flood waters.. If the drainage from: the Covered Bridge Estates is emptied into Big Head Gu .Uy it Is almost a certainty that "back flow" from the gully into the'south east corner of Paddock Estates will become a very common occurrence and -flooding will happen.. The "flood relief flume►► may, become very important. The additional.24 inch pipe,. or, even`a 48 inch pipe, will not make a bit of difference because the flood waters in the gully will be higher than -the street. This constitutes poor planning and design,, not to m:ention.a .lack of consideratiom for those who are property gwners and, live in this area:' We therefore wish this memo to be read at a public meeting of the Commission and made a matter of public record. We wish it known that we q a are in. serious opposition- to storm. waters from Covered. Bridge Estates being diverted into Sig Head Gully. We also wish to have itclearly understood that the signers of this document, individually or collectively, will hold Major Homes, Inc and/oar the City of rairhope culpable if these storm waters from Covered Bridge Estates are dumped into Big Head Gully and the results are intolerable,; worse. than it is now. Failure to &-:ve proper consideration.to the contents of thfs memo may nuke it. necessary to turn the matter over to an attorney for appropriate legal action.. CC: Mayor .Tine Nix Mr. Jack Pope Note: Delivered by Certified Mail with return receipt T1- - - - - .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, agree with the contents of this memo:- 17, 18. 3 Al 6• 22• 7. 8. 9, 10. 23. 24. 25. 26. 12. L/ ; 28. 13 _.. 2 9. 14. 30 31 16. 32 ic 3 3. II4 I I A V vivi 37, 54 .;f+ 56.. ;Y,:i r 79 W. "WM..N 64. 65, 66. 67. 68. 4 411 2LII�C Ll�----69. 49.21j 70. 50o— 71, 51- -_7 52. — 53,U �/ .Ci, • l "`� 'C�G�./ l��i�C/?fir."1^ Lu ? A� 72. 73.- 74.— I 319 MAGNOLIA AVE. 928-21 91 JOHN V. DUCK RON E. KOPESKY ATTORNEYS AT LAW P. O. DRAWER Y FAIRHOPE, ALABAMA 36532 August 10, 1978 Mr. Henry G. Bishop 314 Gayfer Court Fairhope, Alabama 36532 Dear Mr. Bishop: Pursuant to your request, the following is an out -line of worthless check laws in the State of Alabama, covering both criminal and the civil liability therefore. The Criminal end is covered under forgery and fraudulent practices and begins with Section 13-4-110 of the 1975 Code of Alabama. SECTION 13-4-111 Gives the definitions of checks, credit, depository, draw, person, thing or value, and notice and the intent to defraud. SECTION 13-4-112 Merely sets out the intent of the legislature in the pass- age of the following offenses to issue where checks under the criminal part of the 1975 Code. l s1 r 13-4-113 ISSUING CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT. It shall be unlawful for any person to draw a check, or to cause orrd r�ec'ta the°drawing of -a check, with intent to defraud, on any depository, ,knowin.g"'`at thel time Tof° the drawing of such t , I ° S E .;," r b'r -1 X check that the maker, drawer"or payer thereof does not have ♦ as } ♦ 1'J" i b t sufficient funds on deposit in or enough credit with the deposito for the payment in full of such check and all other checks upon such funds or credit then outstanding. This section shall also apply to, but not be limited to, postdated check where the person drawing the postdated check, or causing such to be drawn, does not notify the payee that the check is postdated or mkae an arrang, ment with the payee to hold the check. 13-4-114 ISSUING CHECK ON NONEXISTENT ACCOUNT OR DEPOSITORY It shall be unlawful for any person to draw a check, or to cause or direct the drawing of a check, with the intent to defraud, on any depository which does not actually exist or on anyll existing depository in which the'maker, drawer or payer of the check has noacheck account, knowing at the time of the drawing of such check that the named depository does not exist or that the maker, drawer or payer of the check has no check account with the existing named depository. 13-4-115 SETS OUT THE OFFENSE OF OBTAINING PROPERTY IN RETURN FOR WORTHLESS CHECK`. "It shall be unlawful for any person or employer to obtain anything of value, with intent to defraud, by means of a check drawn on any depository, knowing at the time of the drawing of such check that the maker, drawer or payer thereof does not have sufficient funds on deposit in or enough credit with the depositor for the payment in full of such check and all other checks upon such funds or credit then outstanding. " 13-4-116 SETS OUT THE OFFENSE of FRAUDULENT WITHDRAWAL OF FUNDS PRIOR TO PRESENTMENT FOR PAYMENT. And says, "It shall be unlawful for any person, after he has drawn a check on a depository, to withdraw or cause to be with drawn, with intent to defraud, the funds that have been deposited in or the credit that has been established with such depository, or any part', thereoff,, beford` ri'eseritment�'of the check for payment, r = without leaving sufficient funds in or credit with the depository c l ' `d F r x` ,« i °F a 13 for the payment in -full of such check and all other checks upon the funds or"credit then outstanding. " SECTION 13-4-117 DEALS WITH DRAWING POSTDATED CHECKS AND I WOULD STRONGLY ..URGE THE CITY OF FAIRHOPE, NOT TO .' ACCEPT POSTDATED CHECKS AND WILL NOT SET THE OFFENSE OUT IN THIS LETTER SECTION°13-4-118 DEALS'WITH PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT AND KNOWLEDGE OF INSUFFICIENT FUNDS OR CREDITS. "As against the person drawing the check, or the person causing or directing the,drawing of the check, the drawing of such check, payment of which is refused by the depository,.shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with,such depository; provided, that such person has not paid the holder of the check the amount due thereon within 10 days after receiving'notice that payment of such check was refused by the depository. This section also applies with postdated checks, where payment is refused by the depository on presentment after the postdate." SECTION 13-4-121 STATES IN EFFECT THAT "Any person who`has filed a complaint with any district attorney of,,this state alleging a violation of these sections or who -.has furnished information to any such district attorney which has resulted in the acceptance by such district attorney of such a complaint, or who.has testified concerning such a violation before a grand jury of this state whic hthereafter returned an indictment on such violation, who shall.suggest such case be dismisse t''w thout ,,justv4cau�se or y1lega+l dxcuse, shall be taxed with all costs accruing -in the proceedin _. "j �SECTION 13=4-1122 SETS OUT THE PENALTIES ON THE VIOLATIONS f AS FOLLOWS,: ( !� ` . ! e_ *' , r "Any person violating any provision of this division shal I be punished upon conviction as follos: CATEGORY I When the,check is for less that $100.00: First Offense: A fine of not less than $50.00 nor more thane$100.00 r Second Offence: A fine of not less than $100.00 nor more than $200.00 and/or imprisonment not to exceed 30 days. THird and subsequent offenses; A fine not less than $200. nor more than $400.00 and/or imprisonment not to exceed three months, )0 CATEGORY II When the check is for: $100.00 or more but less than $500.0 First Offense: A fine of not less than $100.00 nor more than $200.00'. Second Offense: A fine of not less than $200.00 nor more than $400.00 and/or imprisonment not to exceed three month[. Third and subsequent offenses: A fine of not less than $400.00 nor more than $800.00 and/or imprisonment not to exceed 18 months. When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amount of such_,separate,checks may be added to- gether toiarrive) at and4be)punishable*under the $100.00 or more amount to which this category+'ref ers:. CATEGORY III r0, " i 's d gip ` a When the check,is for $500.00 or more, a fine of not less than $500.00 nor more than $5,000.00 and/or imprisonment not to exceed three years. For the purposes of this section, the penalty for a seconds or subsequent offense shall apply regardless of.the category under ti which the person has been previously convicted. The above states all of the pertinent code sections to thel criminal prosecution for worthless checks. The following covers the civil liability for a person who issues worthless checks: SECTION 6-5-285 of the 1975 of the Code of Alabama the holder of a WORTHLESS CHECK, DRAFT, OR ORDER FOR THE PAYMENT OF MONEY SHALL HAVE the right of action against the person who unlawf lly made, or delivered the same unto him, or to his endorser and such action may be maintained though there has been no prosecution-; conviction or acquittal of the defendant for his unlawful act. Such action must be commenced within`: 1 year from the date of the unlawful act. Plaintiff in such action may recover such damagEs both punitive and compensatory, including a reasonable attorneys fee as the !ury or court trvina the case may assess. Under the footnotes of this particular code section the law points out that the Plaintiff must establish an intent to defraud to recover under this section. However, it would seem to me, that in reading the criminal code section as hereinabove sited that the mere fact that the check was drawn presented for payment and marked insufficient funds is prima facie evidence of the intent to defraud. It would probably be my thinking if there is enough volume for the City to turn worthless checks over to an attorney for collection since he can cover attorneys fees as well as punitive damages to run them through the small claims court which has jurisdiction up to $500.00 or in district court which has jurisdiction up to $5,000.00 as well as the criminal remedy as long as the prosecution has taken through to a final judgment -of guilty or not -guilty as the case may be. Sincerely, J °nL .' Duck .Jt41s.� t �'; 4 � J D/pmP r - ! 1 PETITION We, the undersigned, being residents and property owners in the Ingleside Area of Fairhope, Alabama, do hereby petition the City Council, City of Fairhope, to take immediate steps to correct the drainage situation in our area to avoid further damage to our property. --U--------------- ---- F --------------------------------- ------------ %el, 2 3 -/,5- Y) Cl)�� PETITION We, the undersigned, being residents and property owners in the Ingleside Area of Fairhope, Alabama, do hereby petition the ,City Council, City of Fairhope, to take immediate steps to correct the drainage situation in our area to avoid further damage to our property. J�s f] J6"' �)C� � 9�v� -- A . . q A, I b q�2 �-AA,fl wl;r-;= "'pTES POS7q_ y7 � Y C � w ^' Z ® e D us.iaeuL m OFFICE OF THE POSTMASTER GENERAL Washington, D.C. 20260 I' , 197 ;jonora':.)le James P. fix Mayor, City of Fairhope P'' . 0. Drawer 429 L airhot-,e, Tilahama 3'i5.32.. - Dear layor T i x : fcst,4a>.ei y ill ia� ~ . ol, r has ref.rrtt `7. ae vour letter of- July 20 to this office For resp-onse. A resolution accoeipanied your letter concerning parkinch problens at the Fa irho le Post Office. "ur pastal field officials have been very rjuch award of ti'i�' traffic congestion and parikinq pro;')lems at C r) I.t"'�'.ope . I understand that action has been initiatrc-A to increase the parking space,,,;, and reali-gn the antrance and exit areas. In order that your interest may be known, I d_'l transmitting a c opy of this correspondence to the "'ohile Sectional Center Ianajer who has jurisdiction over tjlE' Fairklope Post OfLice. fire a,r,reciate havin,,this ratter brou jht to our attention. If we may be of furt er assistance, please I et us Ynow. Sincerely yours, G lenn A. Metzdo-rf :.eneral ri anagn-r - Administration :;overnm1ent Relations Deoartx,ent RESOLUTION ,26 4-;� WHEREAS, on the:26th of July, our City received heavy rain and lightning, causing severe distraction to the city streets and utilities, as well as to private property, and WHEREAS, the employees of the City did an outstanding job keeping damage as low as possible, restoring city services that were damaged, and protecting the safety and welfare of our citizens. NOW THEREFORE, BE IT RESOLVED that the heads of all City Departments and the employees of those departments be commended for the excellent and efficient manner in which they performed their duties. W. ST. JOHN TROY Mr. Phil Rutherford, City of Fairhope P . ' O . Box 429 Fairhope, Ala. 36532 ENGINEERS, INC. consultants P. O. BOX 4"-W yZ„7 ALABAMA 36081 205- 566-1522 August 11, 1978 Supt., Re: Add-.tion of 46 KV Oil Circuit Breaker at Twin Beech Substa. Dear Sir The recent severe lightning activity on July 26th during your 16" rain storm has pointed up the need for the inst- allation of the second 46 KV oil circuit breaker at the Twin Beech substation. During this storm lightning caused the failure of the 100 KVA station service transformer rated 46/7.2 KV. This unit was being supplied from the west transformer rated 20,000 KVA 115/46 KV. Two 200 amp. 115 KV fuses on this large transformer blew due to the short circuit created when the station service transformer failed. When this happened Fairhope was left without a spare transformer for all of its service until the unit was thoroughly tested and it was definitely known to be good.. These tests required a week to complete. OLD one of your 115/46 KV transformers now has oil circuit breaker rotect on an c�tner one does not SITIce you are having to carry loa a recommend that the City install another oil circuit breaker on the second transformer. This is needed for the following reasons : 1. To -furnish proper protection to this transformer not provided by fuses alone, since the breaker acts much faster. The 115 1W transformer costs about three times -7f-- the price of an OCB, 2. To provide oil eirruitibreaker protection to either transformer when it is necessary to remove the existing breaker from service for maintenance. 3. An oil circuit breaker is the proper device with which to interrupt electric loads of this voltage. At -present there is no such device installed on the second transformer that can be safely used to interrupt even normal load current, not to mention large fault currents. The question might logically be asked why this oil circuit breaker was not installed when the substation was r ST. JOHN ENGINEERS, INC. Consultants P. 0. BOX-00.4(j21 TROY. ALABAMA 36061 205-566-1522 Page # 2 about additional OCB constructed in 1973• It was omitted then in order to minimize construction costs of this 115/46 KV substation. At that time the rate discount of 115 KV service as compared with 4.6 KV was 'less than half of what it is today and we had to keep the total cost within certain limits for the project to be economically feasible. In the meantime Fairhope's load has grown from 13560 KVA then to 14620 KVA now. This OCB addition needs to be made now before the 1 scalates further, and before e us a s the loss of expensive equ Amen no a it. : Theime required from author za on o comp a on is Vir months. An estimate of the cost is attached. Yours very truly, H. S. St.J ST. JOHN ENGINEERS, INC. Consultants P. o. sox w"ZT TROY. ALABAMA 36061 205- 566-1522 FOR CITY OF FAIiHOPE Estimated Cost of Installing One 46 KV 3 phase OIL CIRCUIT BREAKER at the Twin Beech Substation. Material: 1- 46 KV Oil Circuit Breaker 1200 Amp.complete with operating mechanism, relay & recloser pkg. $299000 6- 600 Amp. 46 KV Disconnects, upright mtg. 11800 2- GE 46 KV potential transformers Type ET-250 4,300 2- GE 46 KV current transformers 3001600 Amp, Type JKW-250 5,000 4 - Galy. steel pedestals for metering transformers 11000 Concrete footings for oil circuit breaker 500 Grounding connections 200 500 MCM copper conductor and connectors 900 48 Volt DC & 240 volt AC conduit and wiring 500 Meter cable and conduit 400 KWH/KVA meter, test blocks, & switchboard 12300 Miscellaneous materials 100 Total estimated cost of materials $459000 Labor and Transportation to construct 40�800 Total Estimated Direat Cost $49,800 Engineering and Supervision 40500 Total Estimated Cost $54,300 H. S. St.John Augu;t 11, 1978 ST. JOHN ENGINEERS, INC. (?.nsuhants P. O. BOX Ie%GZ7 TROY. ALABAMA 36061 205- 566-152 2 August 11, 1978 Mr. Phil .Rutherford, Supt., City of Fairhope P. 0. Box 429 Fairhope, Ala. 36532 He: Engineering Assistance on Electrical Trouble ,Dear Sir: p Because Fairhope incurred the outage of some very important units of electrical equipment during your lightning and 'rain storm on July 26th, Mr. Aaron Norris requested that we come and assist him in determining the extent of the damage and, if possible, return the inactive units to service. Two of us responded on July 31st and August lst. Then one man completed our tests on August 8th. As a result of our joint efforts with Mr. Norris and his crew the following things were found and then disposition made as noted: 1. Round 100 KVA 46/7 KV station service transformer at Twin Beech substation shot by .lightning and completely burned up. Recommended that this transformer be removed and junked. Its place can be taken by a 15 KVA 7200-120/240 volt transformer in the same yard. Found two Westinghouse 46 KV fuses completely burned up. Recommended that the remains of these be removed and junked. No replacement of these necessary. 2. Found two 200 amp. 115 KV fuses -.blown on"the west 20,000 KVA 115/46 KV transformer at Twin Beech due to the trouble noted in #1 above. Ran the following tests on this transformer: (1) Meggered the dielectric strength of the insulation (2) Tested the quality and condition of the oil (3) Ran a combustible gas test on the gas above the oil (4) Ran a turn to turn ratio test on the windings All these proved the unit to be in satisfactory condition and the transformer was placed back in service on August 8th and is now carrying normal load. 3. Found two 150 Amp. 46 KV fuses blown on the 7500 KVA 46/12 KV transformer at Twin Beech substation that supplies the S W area of the City, at 12 KV. rude tests on the insulation and the oil of this unit and found it to be in satisfactory condition to return to service. Discovered that the two fuses were blown due to the malfunction of a trip device in she oil circuit breaker on the 12 KV circuit. Installed another trip device by robbing a similar OCB at another substation and placed both the transformer and the OCB back in service on August lst. Now carrying normal load. Ordered new trip device from manufacturer. I ST. JOHN ENGINEERS, INC. 1?onsultunts P. O. BOX +0+Ga7 TROY. ALABAMA 36081 205-566-1522 Page # 2 of electrical trouble found.& corrected 4. Found defective voltage regulator voltage control in one regulator at Young & Nichols substation that was producing sustained high voltage on one phase. Temporarily installed a control from a spare regulator of different size in order to provide immediate relief, Reg. controlto be returned to the factory for repair and return. 5. Found dead 6 volt battery cell in the 48 volt DC battery;at Twin Beech substation. Norris temporarily corrected this trouble by installing a new 6 volt auto battery until he could secure proper cell from factory. 6. Found cause of low voltage on one phase of the 4 KV system feeding from the step-down transformer bank on Nichols street and reset the voltage taps inside one transformer correcting this condition. ?. Found that the City's primary electrical system maps had been inadvertently destroyed, and provided Mr.Norris with a new replacement set of prints from tracings on file in our office. As you know, the City does not possess the test equipment to make many of the tests we made. In view of the complicated nature of some of the equipment out of service and the types of trouble experienced, we think that Mr. Norris did right in calling on us for help, and we thank you for your confidence in us by asking us for our help. Together we corrected the trouble on approx. $200,000 worth of equipment either out of service or mal-functioning. COPY to Mayor Jas. P. Nix Yours very truly, H. S. St.John