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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. 10/11/82 415 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...", 10/11/82 416 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 10/11/82 417 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.