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HomeMy WebLinkAbout11-10-1980 Regular Meeting229 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 on Monday, 10 November 1980 Present were Mayor James P. Nix; Councilmembers Roy C. White, Trisha Nelson, David Ed Bishop, C.O. McCawley, and Sam E. Box; City Attorney John Duck and City Clerk Evelyn Phillips. Minutes of 27-29 October regular session and 30 October 1980 special session were duly approved. Mayor Nix and Attorney Duck advised Council that a Resolution to Vacate that portion of Cliff Drive along and in Stacks Gulley between George Street and Murphy Avenue adopted 22 September 1980 had been adopted before publication requirements and been fully net. Publication as required by Act No. 386, H. 1199, approved 14 August 1973, and relating only to Baldwin County, has now been fully accomplished (EASTERN SHORE COURIER on October 23, 30 and November 6, 1980) and a new Resolution is now required. Councilman Box moved to rescind the Vacation of Cliff Drive Resolution adopted'22 September 1980. Seconded by Councilman McCawley, motion passed unanimously. Councilman Box then introduced the following Resolution. In order to take action at this time, Councilman Box moved to suspend the rules. Seconded by Councilman White, motion passed by the following unanimous vote: AYE - CoumcilmemberS Box, White, McCawley, Bishop, and Nelson. NAY - none. Councilman Box then moved for final adoption of the following Resolution. Seconded by Councilman Bishop, motion passed unanimously: RESOLUTICN WHEREAS, under Declaration of Vacation received 22 September 1980 from the Fairhope Single Tax Corporation, Owner, and Janet K. Davidson, Sherwood C. McBroom, Annie S. McBroom, and Dolly Leona Niles, leaseholders; recorded in the Baldwin County Judge of Probate Office on 29 September 1980, Miscellan- eous Book 37, Page 421, and WHEREAS, in which and by which the above said parties have declared to be vacated that portion of Cliff Drive along and in Stacks Gulley between George Street and Murphy Avenue, legally described as follows: Begin.)at the Southeast Corner of Lot 6, Block 29 of Plan of Subdivision of Land, the Fairhope Single Tax Corporation as per plat thereof recorded in the Baldwin County Judge of Probate Office, Misc Book 1, pages 320-21, rum thence North 45*00' E a distance of 50 feet more or less, to the North edge of Cliff Drive, run thence in a Northwesterly direction along the North edge of Cliff Drive a distance of 373 feet, more or less, to a point located North 20'00' East of the Northwest (11/10/80) 230 corner of Lot 1, Block 29, run thence South 20 00' West a dis- tance of 50 feet more or less to the Northwest corner of said lot 1, run thence South 45 00' East along the South edge of Cliff Drive a distance of 373 feet more or less to the point of begimiing., and which property is within the corporate limits of the City of Fairhope, Alabama, and WHEREAS, the said parties have requested that the City of Fairhope acting by and through its City Council as the governing body thereof, assent to the said partial vacation of the said plat: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: y 1. The City of Fairhope does rescind a like Resolution adopted 22 September 1980, recorded in the Baldwin County Judge of Probate Office on 29 September 1980, Misc. Book 37, page 423. 2. The City of Fairhope has and does hereby assent to the vacation of that part of Cliff Drive described above. 3. Publication requirements have been net under Act No. 386, H. 1199, adopted 8/14/73, as per EASTERN SHORE COURIER issues 10/23/80, 10/30/80, and 11/6/80, Fairhope, Alabama. 4. A certified copy of this Resolution shall be recorded in the Office of the Probate Judge of Baldwin County, Alabama. Councilman Box introduced an Ordinance to amend Ordinance No. 252 increasing the number of members on the Harbor Board from three to five. Councilman White moved to approve the Wine Off -Premises Retail License application by Jr. Food Stores, JR. FOOD STORE NO. 196, on U.S. 98 East. Seconded by Councilman Box, motion passed unanimously. Mrs. Willie Ingram, Ingram Electric Company, 324 Fairhope Avenue, was asked to appear before the Council by the Fire Marshal, the Building Inspector, and the Volunteer Fire Department and give explanation of why she has not complied with the directives given her by these Officials relative to hazardous materials and methods of operation they observed (11/10/80) 231 at Ingram Electric Company. The business was also cited for noncompliance with the Electrical, Fire, and Structural Codes of the City. Mrs. Ingram stated much time and expense was being spent on their Mobile location due to Hurricane Frederic damage, and she just needed more time to get the problems solved here in Fairhope. Fire Chief Herbert Fuqua stated some hazardous materials had to be moved out immediately. Building Official Bob Ltmsford said the building had no fire -wall, a bad roof, and wiring problem, and was a major hazard to adjourning buildings. Fire Marshal H.C. Taylor said he had been trying to work with Mrs. Ingram but very little had been done other than the placement of fire extinguish- ers. Mayor Nix said appearance was not as important as safety. f Councilman White suggested a checklist of things to be done, with safety hazards given first priority, be given to Mrs. Ingram. A progress report is to be made at the next Council regular session on November 24th. Councilman McCawley introduced the following Resolution: RESOLUTION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE that there is hereby established a COMMUNITY APPEARANCE COMMITTEE for the City; and the following rules are set forth to govern its operation: Section 1. Membershi The Community Appearance Committee shall consist o seven (7) members, appointed by the Mayor and Council, for overlapping -terms of .three (3) years. No member shall hold any other public office or position except that the Building Offic- ial of the City shall attend all meetings of the Committee. Membership should be representative of the following groups, where possible: (a) a member of a Garden Club, (b) a Building Con- tractor, (c) an Architect, (d) a member of the Chamber of Commerce, (e) a Realtor, (f) a member of the Single Tax Corporation, and (g) a member of the Art Association. Section 2. Initial Appointment The initialiappointment of the Committee shall be as follows: two members for three(3) years; two members for two (2) years; and three members for one (1) year. The Mayor will nominate two members and each Councilmember will nominate one member. Section 3. Vacancies. Any vacancy in the membership shall be filled by appointment by the Mayor and Council. Members shall be removable for cause by the Mayor and Council upon written charges and after public hearing thereon. Section 4. Function. The Community Appearance Committee shall make recommendations to the Council as to beautifications and betterments of the appearance of buildings, streets, parks, etc., of the City of Fairhope; and such other duties as the Council may direct. (11/10/80) 232 Rules of Section S.Procedure. The Community A. eIecT a Chairman, an Chairman's absence) Appearance Committee shall: Acting Chairman(to serve in and a Secretary, who will each serve for one year or until re-elected or a successor is elected. B. meet at the call of the Chairman, or at the request of any four members. C. hold all meetings open to the public. ADOPTED THIS 24 DAY OF NOVEMBER, 1980. ' v ayo City C er Councilman Bishop moved to authorize City Attorney John Duck to give written notice to the Fairhope Health Center, Inc., (nursing home on Church Street) that a suit would be entered against them if their utility bill, now $14,668 in arrears, is not paid within ten(10) days. Seconded by Councilman McCawley, motion passed unanimously. Councilman Bishop introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Box, motion passed unanimously: Resolution WHEREAS, Alabama municipalities are presently empowered individually to own and operate their own electric gen- eration facilities, but legislation is required to permit municipalities to jointly own electric generation facil- itites with other municipalities or with investor -owned utilities like Alabama Power Company; and WHEREAS, legislation authorizing the join generation of electricity has been enacted in twenty-eight states; and WHEREAS, joint generation of electricity by municipalities and investor -owned utilities, like Alabama Power Company has proven to be beneficial in reducing or containing retail electric rates of customers of both municipal and investor -owned utilities in states where it has been put into practice; and WHEREAS, joint generation of electricity in other states has not proven to be detrimental to nor has it been the (11/10/80) 233 cause of increased retail electric rates of customers of participating investor owned utilities; and WHEREAS, based on an engineering study prepared by R.W. Beck & Co. nationally recognized consulting engineers, it is clear that joint generation of electricity would provide significant benefits to retail customers of parti- cipating Alabama municipalities and Alabama Power Company; and WHEREAS, a bill authorizing joint generation of electricity (the "Joint Generation Bill") will be introduced at the 1981 Regular Session of the Legislature of Alabama; and WHEREAS, the Joint Generation Bill as introduced will permit, but will not require, Alabama Power Company to participate in joint generation of electricity with participating municipalities; NOW THEREFORE BE IT RESOLVED, that the mayor and the City Council of Fairho e, Alabama hereby endorse and recommend passage of the Joint Generation Bill at the 1981 Regular Session of the Legislature of Alabama for the benefit of all retail electric consumers in this State and do hereby support all efforts to secure its passage. Adopted this the /d day of 1980. D ty Councilman McCawley moved to authorize Attorney Duck to represent the City in the Matthews vs the City Board of Adjustments case. Seconded by Councilman Bishop, motion passed unanimously. Councilman White moved to authorize Attorney Duck to file suit against Kenneth James Hinote to recover damages to Mr. Mason's Street Dept. Pickup truck. Seconded by Coun- cilwoman Nelson, motion passed unanimously. On petition from Charles B. and Mary Ann Ingersoll, owners, Councilman Box introduced an Ordinance annexing some 1010.4 square feet located continguous to the corporate limits of the City on Nichols Avenue extension, 200 feet east of intersection with Greeno Road(Baldwin County 11) Mayor Nix reported an affirmative answer had been receiv- ed from the Attorney General's office relative to an opinion request as to whether the City could pay legal fees for defense of the present .Oaks case. 11/10/80) 234 Mayor Nix also advised Council that Alabama Power Co. was requesting a 39.43% rate increase effective January 1st. Steps are being taken to request a 5-month suspension. Councilman Box moved to hear the following item not on the Agenda. Seconded by Councilwoman Nelson, motion passed unanimously. Councilman Bishop moved to authorize Mayor Nix to contact Riviera Utilities about purchasing the service to the John Duck property recently annexed into the City. Seconded by Councilman Box, motion passed by the following vote: AYE - Bishop, Box, Nelson, & McCawley NAY - none. ABSTAIN- White. Councilman McCawley moved to hear the following item not on,the Agenda: Mr. Bill Nobles requested a report on progress toward the parking lot to be located on DeLamare Street The Parking Authority is working on this, however, fund- ing prevents paving just at this time. Area is now useable. Councilman Box moved to hear the following item not on the Agenda. Seconded by Councilman McCawley, motion passed unanimously: Councilwoman Nelson moved to add two days to this year's Holiday Schedule; the Friday after Thanksgiving Day and December 26th. Seconded by Councilman Box, motion failed by the following vote: AYE - Nelson, Box, NAY - Bishop, White and McCawley. Councilman McCawley moved to add one day to this year's Holiday Schedule; December 26th. Seconded by Councilman Bishop, motion passed unanimously. Councilwoman Nelson moved to hear the following item not on the Agenda. Seconded by Councilman White, motion passed unanimously. Councilman Box moved to proclaim November loth thru 16th Youth Appreciation Week. Seconded by Councilwoman Nelson, motion passed unanimously. Councilman White read the Court report for the month of October. Councilman Bishop moved to pay bills as presented. Seconded by Councilman McCawley, motion passed unanimously. Meeting was duly adjourned.