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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 (10/27/80) 223 - 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. (10/27/80) 224 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 (10/27/80) 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. (10/27/80) 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.