HomeMy WebLinkAbout03-26-1979 Regular Meeting52
STATE OF ALABAMA x
COUNTY OF BALDWIN x
The City Council, City of Fairhope, met in regular session at 7:00 p.m.
City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532,
on P4onday, 26 March 1979.
Present were Mayor James P. Nix; Councilmen Henry Bishop, Jack Stipes
Sam E. Box, Sr.; Billy Don Wiggins, and Ed Bishop; City Attorney John
Duck, and City Clerk Evelyn P. Phillips.
The minutes of 12 March 1979 regular session were duly approved.
Councilman Box moved for final adoption of an Ordinance to amend
Zoning Ordinance No. 557, S-ecdon entitled "Signs". Upon a second by
Councilman Henry Bishop, discussion was opened to include comments from
the large gathering of concerned citizens who wished to be heard before
the vote was taken .
Mrs. Baker Brownell stated the proposed Ordinance was reasonable
and sensible. A Mr. Bernard felt the Ordinance would discourage new
business. Mr. Ted Bennett stated the " downtown" area designated in the
Ordinance discriminated against businesses located outside said area and
that the business community should have been consulted during the prepar-
ation of the amending Ordinance. Mrs. Betty Barnhill said the Real Estate
people were not consulted during the preparation of the Ordinance either.
A Mr. Norquist felt the proposed Ordinance was definitely needed. Mr.
Byrd Moore stated the Zoning Ordinaice we have is quite adequate and the
amending Ordinaice had "Big Brother" overtones. it. Sally Anderson said
objectionable signs had recently been installed and she could not see
where a small place like Fairhope should worry about "Big Brother" aspects.
Mr. Harford Field said the proposed Ordinance did not say a damaged sign
could not be repaired and that there was no provision against vertical
signs in the downtown area. Mr. Bill Baldwin presented a resolution from
the Board of Directors of the local Chamber of Commerce in opposition to
the proposed Ordinance. Mr. John Parker stated there was no input to the
Planning & Zoning Commission on the preparation of the proposed Ordinance
from the business and real estate groups but that it was invited.
By show of hands, approximately 51 persons were in favor of adoption of
the proposed Ordinance and approximately 42 were in opposition to adoption.
Mayor Nix called for the vote on Councilman Box's motion to adopt. Yea -
Councilmen Box and Henry Bishop. Nay- Councilmen Stipes, Wiggins, and
Ed Bishop. Motion to adopt proposed Ordinance was denied.
This being the date set for a Public Hearing on an Off -Premises
Beer License application, Mayor Nix asked if anyone present was opposed �"
to the approval of this license application presented by Ms. Ann Duke,
dba Little Giant Food Store on US 98 in Battles Wharf. No one was opposed
and one person, Mr. Gary Cox, was in favor of the application. Council-
man Stipes moved for approval, seconded by Councilman Wiggins. Motion
passed unanimously.
The following Salary Resolution was introduced and motion made to adopt
by Councilman Henry Bishop. Seconded by Councilman Stipes, motion passed
unanimously.
53
(26 March 1979)
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF FAIRHOPE, that the following
employees be given their six-month salary increase due to their having successfully
completed this six-month probationary period:
Meter Reader Lawrence Hill(Gas Dept.)
Line Maintenance William S. Seay(Gas Dept.)
Increase to be $.25 per hour.
Adopted this 26th day of March, 1979.
City C er .
----Mr. Carl A. Morring, Jr., appeared before the Council and recommended that
the Council adopt a Resolution creating the Midtown Medical Clinic Board and stated
that such Resolution had been submitted to the City Attorney, together with all
supporting papers, for his perusal.
Mayor Nix stated City Attorney John Duck had advised him that all papers
in connection with the proposed Resolution were in order.
Mr. 17orring submitted a written application for authority to incorporate
the Midtown Medical Clinic Board as filed by Mr. Arthur Mannich, Mr. Rudy Wiggins,
(no relation to Councilman Billy Don Wiggins), and Mr. D.W. Gooden. Councilman
Henry Bishop moved that the said application be approved, which motion was seconded
by Councilman Wiggins and unanimously adopted.
Mr. Morring then read the following Resolution, which was introduced by
Councilman Henry Bishop:
RESOLUTION
TWREAS, Arthur Marnich, Rudy Wiggins and D.W. Gooden have filed an application
in writing to the City Council of the City of Fairhope, Baldwin County, Alabama,
a municipal corporation, for authority to incorporate a public corporation for the
purpose of acquiring, owning, leasing and disposing of a medical clinic and clinical
facilities within the city limits of Fairhope, Alabama, pursuant to Section 11-53-1,
et seq., Code of'Alabama 1975; and
WHEREAS, the City Council of the City of Fairhope, Alabama, finds that each of
said applicants is a duly qualified elector and owner of property within the City
of Fairhope, Alabama.; and
WHEREAS, this Council deems that the formation of such corporation is wise,
expedient and necessary for the benefit of the public and citizens of the City
of Fairhope, Alabama; and
i�
54
(26 March 1979)
WHEREAS, this Council deems it necessary to assist in providing additional
medical clinic facilities within the City of Fairhope, Alabama;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope,
Alabama., that the said Arthur Marnzich, Rudy Wiggins and D.W. Gooden are authorized
to proceed to form a medical clinic corporation pursuant to the said Section 11-58-1,
et seq., Code of Alabama 1975.
ADOPTED and APPROVED this 26th day of March, 1979
City C r
Councilman Henry Bishop moved for adoption of the foregoing Resolution. Seconded by
Councilman Wiggins, motion passed unanimously.
Councilman Wiggins then roved to elect three persons to the Board of Directors
of the Midtown 11--dical Clinic Board of the City of Fairhope in accordance with said
Act No. 516, which was seconded by Councilman Ed Bishop and unanimously adopted.
It was noted that the Act under which the Board is incorporated provides that the mezn-
bers.of the Board of Directors shall be elected so that they shall hold office for
staggered terms, the first term of one director would be two years, that of another
would be four years, and the third would be for six years, which would be designated
at the time of the election. It was also noted that no member of the Board may be
an official of the municipality. The Mayor called for nominations. The following
persons, none of whom is an official of the municipality, were nominated:
For the term of two years: Mr. Rudy Wiggins
For the term of four years: Mr. D.W. Gooden
for the term of six years: Mr. Arthur 11-amich
The Mayor called for further nominations, and there being no further nominations,
it was moved by Coumci7man Box and seconded by Councilman Ed Bishop that nominations
be now closed. The motion was unanimously adopted. An election was held by the
Council and the following were declared duly elected for the following terms:
For the term of two years: Mr. Rudy Wiggins
For the term of four years: Mr. D.W. Gooden
For the term of six years: Mr. Arthur Mannich
Councilman Stipes moved to approve payment of final invoice from Northwestern,
Inc., on Division II of the Flood Project as adjusted. Seconded by Councilman Wiggins
motion passed unanimously.
Mr. H.S. St. John,
transrupter at the
for the transformer now
55
(26 March 1979)
Councilman Box moved to authorize the removal of the old Pier House. Seconded
by Councilman Henry Bishop, motion passed unanimously.
Mayor Nix informed the Council that further information and study suggests
that the drainage pipe to be used in the Methodist Church area should be metal
instead of concrete. Councilman Stipes moved to rescind the motion accepting
the concrete pipe bid at the March 12th regular session. Seconded by Councilman
Ed Bishop, motion passed unanimously.
Councilman Stipes then moved to accept the low bid on the metal pipe opened
at the last regular session, which was Fayco Company's at $12.44 per foot and
$14.56 per foot on the two sizes of pipe needed, provided their pipe meets speci-
fications. Seconded by Councilman Ed Bishop, motion passed unanimously.
Councilman Stipes moved to authorize a study by the Alabama Retirement Plan
people to advise cost of converting to the State plan. Seconded by Councilman
Ed Bishop, motion passed unanimously. .
Councilman Stipes asked for an Ordinance to cover seasonal utility customers
who leave an unpaid bill for several months and then pay the bill and resume
service without putting up a new deposit. He and Mr. Duck are to get together
on how best to handle the situation.
Councilman Ed Bishop asked that a letter'be written to the Eastern Shore
Shopping Center people in regard to the trash problems reported by surrounding
property owners.
Councilman Stipes moved to accept Mr. Eugene Bosby's bid on the Sanitation
Contract. Seconded by Councilman Henry Bishop, motion carried over one Nay vote
by Councilman Wiggins.
Councilman Stipes moved to have the Sanitation Contract be effective as of
1 April, 1979, for a term of one year, and the pro-rata amount would be $2.25.
Seconded by Councilman Ed Bishop, motion carried over one Nay vote by Councilman
Wiggins.
Councilman Wiggins moved to authorize Mayor Nix to execute a revised Airport
Lease. The lease as approved by Council on February 26th was revised in Sections
7 and 18. Seconded by Councilman Henry Bishop, motion passed unanimously.
Mayor Nix advised Council that a Pick-up Truck bid awarded to Gaston Ford
Company on January 22nd had been awarded to the next lowest bidder, Steber Chevrolet
Company, due to Gaston's inability to deliver the vehicle as bid. Councilman Stipes
moved to approve this action. Seconded by Councilman Box motion passed unanimously.
Upon unanimous consent by Council, the following items of business not on
the agenda were heard:
Mfrs. Dorothy Shine of the Fairhope Library Board read a letter from the State
Ethics Committee (of the Alabama. Library Board Association?) regarding the appoint-
ment of a person to a position on a Library Board before said position's term had
expired and also asking if a conflict of interest might exist if a Councilman also served
on the Library Board. Mrs. Stevie Gaston also read a letter commending Mfrs. Shine and
asking that she be reappointed to a second term. The letter of commendation was sign-
ed by all members of the Fairhope Library Board except the Reverend Shepard. No action
was taken.
56
(26 March 1979)
Fire Chief Bung of the Fairhope Volunteer Fire Department requested an
appropriation of approximately $1200 to $1500 to send five or six men to
the Fire College. Councilman Stipes moved to appropriate the funds. Second-
ed by Councilman Wiggins, motion passed unanimously.
Mr. Jack Pope of Major Homes, Inc., and his attorney, Mr. Richard Lacey,
asked Council to reconsider their recent action suspending the issuance of Build-
ing Permits to Mr. Pope until the drainage problems in Paddock Estates had been
taken care of. Mr. Pope was reminded that these problems had been brought to
his attention numerous times over the past year and he must solve them before any
mare permits are issued.
Councilman Henry Bishop moved to pay bills as presented. Seconded by Council-
man Wiggins, motion passed unanimously.
Meeting was duly adjourned.
Approved:
/Oor
P r
City C e