HomeMy WebLinkAbout01-14-1980 Regular Meeting131
STATE OF ALABAMA
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 Monday, 14 January 1980.
Present were Mayor James P. Nix; Cou cilmembers David Ed Bishop, Jack
A. Stipes, Trisha Nelson, Sam E. Box, Sr., and C.O. McCawley; City Attorney
John Duck and City Clerk Evelyn Phillips.
Minutes of the 17 December regular session and 28 December special
session were duly approved.
Mayor Nix announced that an application in writing had been filed with
the City Council for permission to incorporate a special care facilities
financing authority in the City. Said application was exhibited to the
meeting, after which the following named individuals were approved by motion
of Councilman Stipes:
William C. Lucey, 519 Greenwood Avenue, Fairhope
Lawrence L. Merrihew, 704 Olive Street, Fairhope
Roger Eargle, 718 Holly Drive, Fairhope
Seconded by Councilman Bishop, motion passed unanimously.
The following Resolution in writing was introduced by Councilman Bishop:
A RESOLUTICN APPROVING AN APPLICATION FOR AUTHORITY TO INCORPORATE
A PUBLIC CORPORATION FOR THE PURPOSE OF ACQUIRING, EXPANDING, IMPROVING,
EQUIPPING, MAINTAINING, LEASING, LENDING MONEY AND ACQUIRING 'CERTAIN OBLI-
GATICNS IN C@aVECTION WITH THE FINANCING OF, AND DISPOSING OF ONE OR MORE
SPECIAL CARE FACILITIES UNDER THE PROVISIONS ACT NO. 332 of the 1979 REGULAR
SESSION OF THE ALABAMA LEGISLATURE AND AUTHORIZING THE PERSONS FILING SAID
APPLICATION TO PROCEED TO FORM SUCH CORPORATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
As follows:
Section 1. FINDINGS. The City Council, upon evidence duly submitted
to and considered by it, hereby finds and determines that WILLIAM C. LUCEY,
LAWRENCE LEE MERRIHEW AND ROGER EARGLE, have filed with the City Council an
application in writing for permission to apply for the incorporation, under
the provisions Act No. 332 of the 1979 Regular Session of the Alabama Legis-
lature of a public corporation to be known as "The City of Fairhope Special
Care Facilities Financing Authority". That there was attached to said
application a proposed form of certificate of incorporation for said public
corporation; that siad application, together with the attached certificate
of incorporation provides as follows:
APPLICATION FOR AUTHORITY TO INCORPORATE A SPECIAL CARE
FACILITIES FINANCING AUTHORITY
To: THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA
132
(Jan..14' 80)
We, the undersigned natural persons, each of whom is a resident and a
duly qualified elector of the City of Fairhope, Alabama, and the owner of
real property in said city, do hereby file with you as the governing body
of said city this application and by so doing apply for authority to incorpor-
ate a public corporation pursuant to the provisions of Act No. 332 of the 1979
Regular Session of the Alabama Legislature for the purpose of acquiring, expand-
ing, improving, equipping, maintaining, leasing, lending money and acquiring
certain obligations in connection with the financing of, and disposing of one
or more facilities to be operated by certain not -for -profit organizations for the
housing, care and treatment of persons requiring special care, including orphans
and persons who are elderly, sick, physically disabled or handicapped, or mentally
ill or retarded. We hereby request that this application be granted and that a
proper resolution be adopted by you authorizing the incorporation of such a public
corporation under the name of "THE CITY OF FAIRHOPE SPECIAL CARE FACILITIES FINAN-
CING AUTHORITY'
We hereby submit herewith for your consideration a form of the certificate of
incorporation proposed to be used in organizing said public corporation. It is
contemplated that if this application is granted, there will be attached to said
certificate of incorporation, before it is filed for record, a certificate of
the Secretary of State of Alabama that the name proposed for said corporation is not
identical with that of another corporation already in existence in this state or so
nearly similar thereto as to lead to confusion and uncertainty.
WITNESS our signature this 14 day of January, 1980.
WILLIAM C. LUCEY
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Adopted this 28th day of Januar
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City V
er
Councilman Stipes reported the Harbor Board had studied and hereby recommends
approval of the Municipal Pier Lease with Mr. Bob Pope. Councilman-Stipes then
gave out copies of the Lease. Counci]man Stipes moved to authorize the Mayor and
City Clerk to enter into the Lease as presented. Seconded by Councilman Bishop,
motion passed unanimously.
Councilman Stipes introduced Ordinance No. 645, an Ordinance authorizing
the Lease of Premises known as the "Yardarm Restaurant and Building" and "Fairhope
Marina" located at the Fairhope Municipal Pier. Councilwoman Nelson moved to
suspend the rules in order to act upon this Ordinance immediately. Seconded
by Councilman McCawley, vote to suspend was: AYE -Mayor Nix, Councilmembers
Stipes, McCawley, Nelson, Bishop and Box. NAY -none. Councilriah Stipes then moved
for final adoption of Ordinance No. 645.Seconded by Councilman Bishop, motion
passed unanimously.
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133
Mayor Nix reported there are sufficient fire plugs on Oswalt Street.
Councilman Stipes is to make a report at the next meeting on the concrete
cut -pilings for the Fish Docks. Councilman Stipes moved not to hire a student
worker at the Warehouse. Seconded by Councilman Box, motion passed unanimously.
Councilman Bishop moved to appoint Mr. Arthur Mannich as the City's
representative for the appraisal of existing buildings,on the Pier. Seconded
by Councilman McCawley, motion passed unanimously.
A public hearing was held on the Restaurant Liquor License application
by Conchita K. Bell dba EVERGREEN RESTAURANT located in the Eastern Shore
Shopping Center. There was no one present opposed to the application. Proof
of Publication was presented. Councilman Stipes moved for approval of the
application. Seconded by Councilman Box, motion passed unanimously.
Councilman McCawley moved to accept the 1978-1979 Annual Audit as prepared
by the firm of Parker & White, P.A. Seconded by Councilman Box, motion passed
unanimously.
Councilman Bishop moved to approve the request by the Eastern Shore Arts
& Crafts Festival Chairman John S. Davis to close two streets during the Festival
March 21, 22 and 23 1980. The streets are Fairhope Avenue, from Section Street
west to Church Street, and Section Street, from Fairhope Avenue south to Johnson
Street. Further permission.to close Section Street(Highway 98) will have to be
obtained from the State Highway Department. Motion to approve was seconded by
Councilman Stipes. Motion passed unanimously.
The Harbor Board, City Engineer and City Attorney were asked to study
the final invoice received from Delta Plumbing Company to determine if any
monies are due Delta on Division III of the Flood Project.
Councilman McCawley moved to authorize the Mayor and City Clerk to execute
a contract with Municipal Code Corporation on the codification of City Ordinances
Seconded by Councilwoman Nelson, motion passed unanimously.
Councilman Box moved to have a room at the top of the stairs in the Police
Station prepared for use as a meeting roam. Seconded by Councilman Bishop,
motion passed unanimously.
Councilman Box moved to authorize the Mayor to contact the League of Munici-
palities to register our opposition to proposed legislation which would authorize
the Public Service Commission to charge municipalities an inspection fee based on
number of gas meters. Seconded by Councilman Stipes, motion passed unanimously.
Councilman McCawley moved to authorize Councilman Stipes to have a plaque
prepared to honor the former Chairman of the Planning & Zoning Conmission for
his services. Seconded by Councilman Bishop, motion passed unanimously.
Councilman Stipes proposed same work be done on North Bayview Street. After
some discussion City Superintendent Rutherford was instructed to shore up the
levee at the end of the road.
Councilman Stipes proposed that voters be registered at City Hall. This
would be handled by the City Clerk or some volunteers if possible.
(Jan 14.'80)
134
Councilman. Stipes moved that the South Alabama Regional Planning Commission
be requested to give Moore Engineering Company the required assistance to obtain
federal grants for the comprehensive drainage plan and to facilitate the
widening of South Section Street at Big Head Gully. Seconded by Councilman
McCawley, motion passed unanimously.
Bids were opened on a Tractor for the Street department:
Leroy Jordan Co. (Ford) $9,995.00
Port City Tractors (John Deere) 9,273.00, w/trade-in: $9,023.00
Foley Tractors (M. Ferguson) 12,904.00
Councilman McCawley moved to accept the low bid from Port City at $9,273.00,
no trade-in, provided specifications are met. Seconded by Councilman Stipes,
motion passed unanimously.
Jack Pope Realty Company addressed a letter to the Council stating they
would like to petition for annexation of 3.55 acres on Nelson Road just south
of and adjacent to the most southern boundary of Paddock Estates Subdivision
and that he intended to request R-3 single family residential zoning. Council-
man Stipes moved for approval to hear the petition after receiving the Planning
& Zoning Board's recommendation. Seconded by Councilman Bishop, motion
passed unanimusly.
Councilwoman Nelson reported on a project started by the Rotary Club
calling for donations toward the purchase of a "jaws of life", life-saving
equipment. Councilwoman Nelson remarked that anyone who wished to make a
sizeable contribution could do so through the City if they wished to have
a City receipt for tax records.
Councilwoman Nelson moved the Council appoint a Committee of 12 persons
to study the Civic Center project and report back to Council their findings
within 45 days. The appointees are to be nominated and appointed at the next
regular session. Seconded by Councilman Bishop, motion passed unanimously.
Councilman Stipes moved for approval of holding the Spring Fever Chase
again this year as part of the Arts & Crafts Festival. Seconded by Councilman
McCawley, motion passed unanimously.
Councilman Box moved to pay the invoices due on the Baldwin County Re -
Appraisal project. Seconded by Councilman Stipes, motion passed unanimously.
Mayor Nix advised Council of the need to appoint a 5-member Rural Area
Water Advisory Board. The members should be: two from the old West Baldwin
Water Authority area, two from the general rural area, and one from within
the City Limits. Councilman Box nominated Mr. Clarence Bishop, Mr. Wesley
Grant, Mr. Charles Ingersoll, Mr. Matt Dial and Mr. James D. Boothe. There
being no other nominations, Councilman Box moved the nominations be closed.
Seconded by Councilman McCawley, motion passed unanimously. Councilman Box
then moved the five nominees be named to the Board. Seconded by Councilman
Stipes, motion passed unanimously.
Mayor Nix announced the first meeting of the above Rural Area Water Advisory
Board would be held at City Hall on Tuesday, January 22, at 5:00 p.m.
(Jan 14 ' 80)
135
The Com pity Appearance Cam-&ttee presented their beautification
report. Councilwoman Nelson moved to hold a public hearing on the amendments
to the Zoning Ordinance contained in this report at the first February regular
session. Seconded by Councilman Box, the vote was: AYE- Councilmembers
Nelson and Box, Mayor Nix. NAY - Councilmembers Stipes, McCawley and Bishop.
Motion did not pass due to the tie vote.
Councilman Box moved to hear the following business not on the Agenda.
Seconded by Councilwaman Nelson, motion passed unanimously.
City Engineer Ack Moore reported that bids had been opened. on the Grand
Hotel Sewer Project as advertised. Eight bids were received, tabulated, no
errors were found and the low bidder is S.J. & L., Inc., of Theodore, Alabama.,
at $159,805.19 on Div. I, Items 1-14, and Division II, Items 16-28, at
$22,715.29; total bid: $182,520.48.
Councilman Box moved to authorize the Mayor and City Clerk to execute
a contract with S.J. & L., Inc., provided all specifications are met and
that the proper legal agree-.ients, to be prepared by the City Attorney, needed
from the Grand Hotel and the Point Clear Marina,(providing for a 10-year repay-
ment plan on the full cost of the project including incidental expenses such
as Engineering Fees plus 87. annual interest), are in hand, and further provided
that a properly executed full Performance Bond is posted by S.J. & L., Inc.,
with a nationally known reputable Bonding Company. Seconded by Councilman Mc -
Cawley, motion passed unanimously.
Councilman Stipes moved to approve a one-step salary increase for Renae
Robinson, Russell Davis, and Keith Turner, who have completed their six-
month probationary period. Seconded by Councilman Bishop, motion passed unan-
imously.
Councilman Box moved to pay bills as presented. Seconded by Councilman
McCawley, motion passed unanimously.
Councilman Box asked Councilman Stipes to look into a disputed water bill
and report his findings and recommend action at the next regular session.
Meeting was duly adjourned.
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