HomeMy WebLinkAbout10-27-1980 Regular Meeting222
CITY OF FAIRHOPE
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session at 7:00 p.m.
City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama on
Monday, 27 October 1980.
Present were Mayor James P. Nix; Councilmenbers C.O. McCawley,
Sam E. Box, Sr., Trisha Nelson, Ray C. White, and David Ed Bishop;
City Attorney John Duck and City Clerk Evelyn P. Phillips.
Minutes of 13 October 1980 regular session were duly approved with
the following addition: "Mr. Bracy stated he would sell Beer at the Pink
Panther Pool Hall after school hours at 6:00 p.m."
Mayor Nix asked to present an item not on the Agenda. Councilman
Bishop so moved, seconded by Councilman White. Motion passed unanimously.
Mayor Nix read the following Resolution honoring former Councilmember
Henry G. Bishop. Councilman Bishop moved for adoption. Seconded by
Councilwoman Nelson, motion passed unanimously:
RESOLUTION
WHEREAS, Mr. Henry G. Bishop, one of Fairhope's most distinguished
citizens and whose contribution toward the growth and success of the
City of Fairhope is beyond estimate, and
WHEREAS, Mr. Henry G. Bishop and his family were residents of
Fairhope from 1916 until his passing, and
WHEREAS, Mr. Henry G. Bishop was President of the First National
Bank of Baldwin County for seven years and thereafter a member of the
Board of Directors until his retirement in July, 1976, and
WHEREAS, Mr. Henry G. Bishop served on the Fairhope City Council for
two full terms, and until his resignation in 1979, was a dedicated and
a highly valued Council Member, and
WHEREAS, Mr. Henry G. Bishop departed this life on the 23rd day
of October, 1980.
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City
of Fairhope mourn the passing of Henry G. Bishop and extend to his wife
and members of his family their deepest sympathy, and
BE IT FURTHER RESOLVED that this Resolution be spread upon the minutes
of the Council of the City of Fairhope in honor and memory of Henry G.
Bishop, and that a copy of this Resolution be sent to the wife of Henry
G. Bishop.
ADOPTED THIS THE 27th DAY OF OCTO:
City Cle
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- Councilman McCawley moved to rescind the motion approving an On/Off
Retail Beer License application by Harold I. Bracy, dba the PINK PANTHER.
POOL HALL, Twin Beech Road; and to instead deny approval of the application.
Seconded by Coun.ci]man Bishop, motion carried by the following vote: AYE-
Counci7members McCawley, Bishop, and White. NAY - Councilmembers Nelson
and Box. Councilwoman Nelson made a statement to the effect that she
had voted to approve the application originally due to Mr. Bracy's statement
that he would not be selling the Beer during school hours; and that she
could not vote otherwise on the assumption that Mr. Bracy would do other
than what he said he would do until he had indeed done so.
Councilman Box moved for the final adoption of Ordinance No. 657,
an Ordinance annexing the John & Betty Duck property south of Fairhope on
U.S. 98 East. Seconded by Councilman McCawley, motion passed unanimously.
The following bids on four transformers for the Electrical Department
were opened:
Beck Associates $ 3,996.00 each
Hatfield & Company 10,130.00 each
Stuart Irby Company no bid
Mack Electric Company 4,095.00 each
Trio Electric Company 5,508.00 each
Councilman Bishop moved to accept the lowest total evaluated bid as recommended
by the engineering consultants. Seconded by Councilman White, motion passed
unanimously.
Mrs. Tommie Werneth addressed Council about the possibility of
obtaining a Federal 50/50 Grant to be used to construct a Girl's Softball
Field, a "Tot Lot" area, a parking area, and possibly Tennis Courts at the
Volanta Street Park Area. Costs should be in the $75,000-$100,000 range.
This would be a Recreation Board project and a continuation of the now
complete Stimpson Field project. Councilman Box asked if the Recreation
Board had the $50,000 they migIt need for their share of the Grant.
The answer was they believed the finds could be obtained. Mayor Nix said
a definite plan as to how the money would be provided would be needed
before any further planning could be done. Councilwoman Nelson moved to
table consideration of the project until the Recreation Board and the
Council could hold a financial planning meeting together. Seconded by
Councilman Box, motion passed unanimously.
A letter from Mr. Bob Lunsford reported to Council that after study
of Mr. Joe Miller's proposal relative to a new City Map at a cost of $4500
while Mr. Miller's maps would be useful, the City does have available to
it the services of the South Alabama Regional Planning Commission's mapping
facilities at no cost' therefore it was recommended to decline Mr. Killer's
proposal at this time. Councilwoman Nelson so moved. Seconded by Council-
man Bishop, motion passed unanimously.
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Councilman Box reported a settlement figure of $11,516.67 should be
paid to Internal Revenue Service relative to Delta Plubing Company's
uncompleted Flood Project Contract(Division III) and that this is not to
be construed as relief to the Bonding Company relative to the Performance
Bond and the Labor & Materials Bond, Councilman Box moved to issue a
check for the above amount and turn it over to City Attorney Duck for
forwarding to the Internal Revenue. Seconded by Councilman Bishop, motion
passed unanimously.
Councilman McCawley reported that the Attorney General's Opinion had
been received on the proposed Zoning Ordinance amendment establishing a
Community Appearance Board. The Opinion stated that the Board could not be
established as proposed. Councilman McCawley suggested establishing the
Appearance Board under a separate Resolution or Ordinance as an Advisory
Board. Councilman Box suggested taking the ideas presented as powers of
the Ccxtm-mity Appearance Board and placing them under the present Planning
& Zoning Board. City Attorney Duck is to look into these suggestions and
make a recommendation at the next regular session.
Councilman Box introduced, and moved for the adoption of, the follow-
ing Resolution. Seconded by Councilwoman Nelson, motion passed unanimously:
RESO=CN
WHEREAS, Appropriation Bill JAM-7631, which provides the Disaster
Relief funds to be dispersed by FEMA in Fiscal Year 1981, is now under
study, and
WHEREAS, said Bill lAiR- 7631 includes a provision for cost -sharing
of the expenses resulting from a declared disaster by Federal and State/
local Governments on a 75/25 basis,
THEREFORE BE IT RESOLVED by the Mayor and Council of the City of
Fairhope that a formal request for the deletion of this provision be directed
to all Alabama Legislators as soon as possible due to our belief based on
our recent experience with Hurricane Frederic in September, 1979, that
this provision would certainly destroy rural County and Small-town budgets
if allowed to remain as part of the proposed Appropriations Legislation.
ADOPTED THIS 27th day of October, 1980
Attest
City Cl&rk
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225
Nominations were opened for appointments and re -appointments to the
following various Boards:
AIRPORT BOARD - two positions, two-year terms.
Councilman Box nominated Councilman C.O. McCawley and Mr. Jim Gaston
for re -appointment. There being no further nominations, Councilman
Bishop moved the nominations be closed. Seconded by Councilman White,
motion passed unanimously. Mr. McCawley and Mr. Gaston are re -appointed.
BOARD OF ADJUSU=S & APPEALS - two positions, three-year terms
Councilman Box nominated Claude Puckett for re -appointment. Council-
man Bishop nominated Richard (Dick) Sanderson. There being no further
nominations, Councilman McCawley moved the nominations be closed.
Seconded by Councilwoman Nelson, motion passed unanimously. Mr. Puckett
and Mr. Sanderson are appointed.
BOARD OF ADJUSTMENTS & APPEALS - ASSOCIATE MEMBERS(Two)
Councilwoman. Nelson nominated Samuel T. Ansell, III. Councilman llcCawley
nominated Donald Wicklander. There being no further nominations,
Councilman Box moved the nominations be closed. Seconded by Councilman
Bishop, motion passed unanimously. Mr. Ansell and Mr. Wicklander are
appointed.
HARBOR BOARD - Two positions, two year terms. Councilman Box nominated
Hoyt Greenbury and Charles Carpenter. Councilwoman Nelson nominated
Arthur J. Koppersmith. There being no further nominations, Council-
man McCawley moved the nominations be closed. Seconded by Councilman
Box, motion passed unanimously. Election of members was decided by
the following vote:
Greenbury
McCawley
Box
White
Nelson
Bishop
Carpenter
Box
McCawley
W 1 fe
Mr. Greenbury and Mr. Carpenter were appointed.
Koppersmith
Bishop
Nelson
Councilwoman Nelson moved to authorize City Attorney Duck to draft
an Ordinance for introduction at the next regular session changing the
Harbor Board from a 3-member Board to a 5-member Board. Seconded by
Councilman Bishop, motion passed unanimously.
PLANNING & ZONING BOARD -(City employee position and Councilmember position)
Councilman Box nominated Jack Kirk for re -appointment. There being no
further nominations, Councilman Bishop moved to close the nominations.
Seconded by Councilwoman Nelson, motion passed, Councilman White
abstaining. Mr. Kirk is re -appointed.
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226
Councilman Box nominated Councilman White for re -appointment. There
being no further nominations, Councilman Bishop moved the nominations
be closed. Seconded by Councilwoman Nelson, motion passed with
Councilman White abstaining. Councilman. 14hite is re -appointed.
INDUSTRIAL BOARD - It was decided to take no action on this Board
due to inactivity.
PARKING AUTHORITY - One position, three year term. Councilman Box
nominated Peyton Walker for re -appointment. There being no fujrhter nom-
inations be closed. Seconded by Councilman Bishop, motion passed unan-
imously. Mr. Walker is re -appointed.
Councilman Box moved to hear the following item not on the Agenda.
Seconded by Councilman Bishop, motion passed unanimously:
Councilman McCawley moved for the adoption of the 1980-81 City Budgets
as presented by the Mayor at the October 13th regular session. Seconded
by Councilman Box, motion passed unanimously.
Councilwoman Nelson moved to hear the following item. Seconded by
Councilman Box, motion passed unanimously:
Councilman White stated a complaint had been made about his conduct
at City Hall on Saturday, October 25th, and he would like an opportunity
to answer in public. Mayor Nix replied he felt that this should be directed
to the person who made the complaint, Mr. Dickie Dryer. Mr. Dryer was present
and stood when Councilman White addressed him. Councilman White made a
statement to the effect that Mr. Dryer had complained that he, Councilman White,
had cursed him, Mr. Dryer, and threatened him, Mr. Dryer, with bodily harm.
Councilman White went on to say this was untrue and that several people in
the room were also present on Saturday and he, Councilman White, would like
them to state whether or not they heard any such conversation between him
and Mr. Dryer. No one present stated they had heard anything out of the way.
Mr. Dryer questioned Councilman Box, who again replied to the effect that he,
Councilman Box, had been reading over his Agenda and accompanying information and
did not hear any such talk between the two men. Councilman White said he felt
this was another incident of harassment to which he had been subjected by
Mr. Dryer since his election by the people of this City and he would like
to publicly say that he, Councilman White, fully intends to fulfill his
duties as a Councilmember unless and until a person of official authority
advises him it is illegal for him to do so. Mr. Dryer returned to his seat.
Meeting was adjourned until 5:00 p.m. Wednesday, October 29th, at which
time it will meet with the Recreation Board to discuss financing.
Council reconvened at the City Administration Building, 387 Fairhope
Avenue, Fairhope, Alabama, 5:00 p.m. on Wednesday, October 29, 1980.
Present were Mayor James P. Nix; Councilmanbers Trisha Nelson, Roy C.
White, San E. Box, and C.O. McCawley; City Clerk Evelyn Phillips. Recreation
Board members present were Barney Shull Rae Jackson, Al Johnson, and Trisha
Nelson.