HomeMy WebLinkAbout10-11-1982 Regular Meeting414
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope met in regular session at
5:30 p.m. Fairhope Municipal Complex, 161 North Section Street,
Fairhope, Alabama 36532, on Monday, October 11 1982.
Present were Mayor James P. Nix; Councilmembers Sam E. Box,
Roy C. White, Trisha Nelson, C.O. McCawley, and David E. Bishop;
City Attorney Jim Reid and City Clerk Evelyn Phillips.
Mayor Nix called the meeting to order and introduced the minister
of the Fairhope United Methodist Church, the Reverend Marcus Smith,
who opened the meeting with a prayer.
Minutes of the 27 September 1982 regular session were duly approved.
Mayor Nix presented the proposed 1982-83 Budget to the Council
and a public budget hearing was held on use of the Revenue Sharing
Funds. No one present had any comments on the RS Funds, nor had
any written comments been received. After some discussion, Council-
man Box introduced, and moved for the adoption of, the following
Resolution. Seconded by Councilman White, motion passed by the follow-
ing vote: AYE -Box, Nelson, White, McCawley, and Bishop. NAY -none.
Councilman White asked the record to show that he votes AYE on the
budget adoption and ABSTAINS from voting on the Salary increases:
RESOLUTION NO 57-82
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
FAIRHOPE that the proposed Budget presented
and reviewed this llth day of October, 1982
be hereby approved and adopted for Fiscal
Year 1982-83, and
BE IT FURTHER RESOLVED that the Annual
Salaries of all City Personnel -Minimum &
Maximum -Resolution No. 57-82" said list
to be filed in the Office of the Mayor,
of the City Clerk, and of the Personnel
Director, and
BE IT FURTHER RESOLVED that employees
may be increased up to listed "Maximum "
salary, provided performance justifies
the increase, based upon recommendations
by Superintendents in consultation with
the Mayor.
ADOPTED THIS llth DAY.OF OCTOBER, 1982.
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Due to an error in bid requests, the gas pipe bids were
rejected by the Purchasing Agent. New bid requests are being
prepared and a report should be ready for the Council at its
next regular session.
The Mayor & Council began discussion of the resolution to
award contracts on the 1982 Public Improvements Assessment
project when Mr. Dick Lacey, a local attorney, requested permission
to be heard from the floor. Mr. Lacey advised Council that he was
representing Mr. Jack Pope, who would like to withdraw Twin Echo
Court from the project. Council decided to wait until Wednesday,
October 13th, before going any further with the project so the
legal aspects of this request could be researched. Council is to
meet at 5:30 in the Council Chamber in special session to conclude
this matter.
Mayor Nix advised Council that a request sent to the Attorney
General's office on behalf of the Library Board in reference to
the use of the principal of the Ford Patterson bequest had been
answered. A copy of the Attorney General's Opinion was given to
each member which said it was proper for the Board to use both
principal and interest of all bequests.
Councilman Box moved to hear the following business not on
the Agenda. Seconded by Councilwoman Nelson, motion passed unan-
imously:
Mr. Robert Mason, Mr. Lucey, and Mr. Rowe of the Fairhope
Single Tax Corporation were present and asked the Council to
consider rescinding Resolution No. 56-82 adopted, at their re-
quest, at the September 27th regular session. This resolution
concerned the return of some 15 feet of Park Land to the FSTC
due to an error in a boundary line, said error having occurred in
1931. The request was made because Resolution No. 56-82 did not
return enough park land for the leaseholders homes to meet the re-
quirements of the Zoning Ordinance. Councilman White moved to
rescind Resolution No. 56-82. Seconded by Councilman Box, motion
passed unanimously.
Councilman Bishop then introduced, and moved for the adoption
of, the following Resolution. Seconded by Councilman McCawley
motion passed unanimously:
RESOLUTION NO. 58-82
WHEREAS, on 29 September 1931, the Fairhope Single Tax Corporation
deeded Park Lands to the City, and
WHEREAS, included in the deed was the following description(in
part): "All the land west of Mobile Avenue, bounded on
the north by the north line of Division 2, on the west
by Mobile Bay, excepting Blocks 5, 13F and 14F...",
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WHEREAS, it has recently been discovered that two homes
located in Block 5 extend up to over ten feet
into the described Park Land, and
WHEREAS, it has been verified that these two homes were
situated as they are now for many years prior
to the 1931 deed, and
WHEREAS, we, the Mayor and Council of the City of Fair -
hope, concur with the Fairhope Single Tax
Corporation's conclusion that the deed prepared
by them in 1931 deeding the park lands to the
City did, and does, reflect a mistake in the
western boundary of Block 5 and said mistake
does need to be corrected, and
WHEREAS, the rear yard called for in the Fairhope Zoning
Ordinance shall be a 40-foot minimum, and
WHEREAS, the west boundary shall and hereby is henceforth
be described as a line terminating on the north
by an extension of a line forming the North
boundary of Block 5, Division 2, to the inter-
section of a line which meanders along the top
of the bluff lying west of Block 5, Division 2
of land of Fairhope Single Tax Corporation, then
following the meanders south to the point of
intersection of an extension of the south bound-
ary of Block 5, Division 2, to the bluff line,
and
WHEREAS, the City of Fairhope will not be responsible
for the maintenance or upkeep of this bluff,
nor responsible for the prevention of erosion
of the bluff,
THEN THEREFORE IT IS RESOLVED that the above described
land can, and hereby does, revert to the owner-
ship of Fairhope Single Tax Corporation
ADOPTED THIS llth DAY OF OCTOBER, 1982.
ty filer
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Council and Mayor commended Building Official Bob
Lunsford on his becoming a Certified Building Official.
Councilman Box moved to hear the following business
not on the Agenda Seconded by Councilman Bishop, motion
passed unanimously:
Councilwoman Nelson moved to officially designate
Saturday, October 30, 1982 as Halloween in the City of
Fairhope. Seconded by Councilman McCawley, motion passed
unanimously.
Councilman McCawley moved to pay bills as presented.
Seconded by Councilman Box, motion passed unanimously.
Meeting was duly adjourned.