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HomeMy WebLinkAbout03-11-1993 Regular Meeting1409 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 pm; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, Alabama 36532; on Thursday, 11 March 1993. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 22 February 1993 regular session were duly approved. Council reviewed Annexation Petition #12, by H/M Partners and Magnolia Trace, Inc., on the Rock Creek project. This will complete the annexation of this project. After discussion, Councilman Ford introduced Ordinance No. 924, in writing, an ordinance to annex the within described property. In order to take immediate action, Councilwoman Puckett moved to suspend the rules. Seconded by Councilman Overstreet, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 924. Seconded by Councilman Bishop, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Council reviewed Annexation Petitions submitted by the following list of property owners, all properties contiguous to the north border of corporate limits: Gartrell A. Agee, Charles A. Watterson, George McKean, Vernon H. Head, Charles H. Senior, H. Paul Gerhardt, Polly M. Workman, Warner M. Wiggins III, Cy M. Coffman, Lawrence A. Lenzi, Robert J. Marion, R. F. Merritt, Stanley J. Kasuba, Lucy K. Radney, William S. Swann, Luther B. Perry, Robert F. Jernigan, Thomas W. Burt, Charles L. Belcher, Thomas C. Sparks III, William R. Parsons, and Weldon Payne. After discussion, Councilwoman Puckett introduced Ordinance No. 925, in writing, an ordinance to annex the within described properties. In order to take immediate action, Councilman Overstreet moved to suspend the rules. Seconded by Councilman Duck, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett then moved for final adoption of Ordinance No. 925. Seconded by Councilman Overstreet, motion to final adopt passed unanimously by the following vote: AYE - Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. 11 March 1993 1410 A Declaration of Vacation on the southern end of South Mobile Avenue was submitted for consideration by the Council by the abutting property owner, Eastern Shore American Legion Post #199. This portion of street has never been, or will it be used, as a public street. A public hearing on this request was properly advertised in the EASTERN SHORE COURIER on February 20, 27, and March 6, 1993. No one present was opposed to the vacation request, therefore, Councilman Bishop intro- duced the following written Resolution, and moved for its adoption. Seconded by Councilman Overstreet, motion carried by the following vote: AYE -Bishop, Nix, Puckett, and Overstreet. NAY -none. ABSTAIN -Duck and Ford (members of Post #199): (Res. No. 398-93 on next page.....) n 11 March 1993 1411 RESOLUTION NO. 398-93 WHEREAS, the EASTERN SHORE AMERICAN LEGION POST #199 of Fairhope, Alabama, has filed with the Mayor and the City Council of the City of Fairhope, Alabama, a Declaration of Vacation to vacate a certain portion of a 50-ft street, now known as Mobile Avenue, as described in said Declaration and which street portion is not now nor will it ever be used as such, being located and described as follows: All of that portion of a certain 50-ft street running southwest and northeast from Laurel Street south to the end of Beach View Avenue (now known as Mobile Avenue). Said portion of street is adjacent to and abutting Lots One through Four, Block 7, Magnolia Beach Addition; and WHEREAS, said Eastern Shore Ameri.can Legion Post #199, being the sole abutting property owner to the portion of the unused street,desire that the same be vacated; and WHEREAS, the City of Fairhope, has accepted the said Declaration of Vacation and has determined that the said portion is not now in use nor will it ever be in use as a street; NOW, THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Fairhope, Alabama, do by these presents assent to such Declaration of Vacation, and it be, and the same is, hereby vacated in accordance with Title 23-4-20 of the 1975 Code of Alabama, as amended. ADOPTED THIS 11th DAY OF MARCH, 1993. Attest 44glg'- Evelyn . Phillips, Vty Clerk Councilman Duck introduced the following written resolution, required by the Alabama Department of Environmental Management (ADEM), and moved for its adoption. Seconded by Councilwoman Puckett, motion passed unanimously: (Res. No. 399-93 on next page.....) 1412 11 March 1993 RESOLUTION NO 399-93 BE IT RESOLVED that the City of Fairhope, Alabama, informs the the Alabama Department of Environmental Management that the follow- ing actions were taken: The Municipal Water Pollution Prevention Program Annual Report has been reviewed. 2. The following actions have been taken or scheduled to maintain effluent requirements contained the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: (a) A smoke detection program of our entire system has been completed to find infiltration points. (b) A vigorous effort is being made to repair all points of infiltration. (c) A new sewer line was installed from Fels Street to Valley Street lift station to replace a line that was in bad repair. This has greatly reduced our infiltration. (d) A new sewer line on Greeno Road will be installed, which should reduce our infiltration even further. ADOPTED THIS 11th DAY OF MARCH, 1993. �JameP. Nix, Mayor, 401er 11 March 1993 1413 Councilman Bishop introduced the following written reso- lution, and moved for its adoption. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 400-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is hereby authorized to execute a contract between the CITY OF FAIRHOPE and FAIRHOPE TITLE AND SURVEY COMPANY, INC., for engineering services on the 1993 MUNICIPAL IMPROVEMENTS TO MORPHY AVENUE EAST project. BE IT FURTHER RESOLVED that the CITY will pay to the engineer, FAIRHOPE TITLE AND SURVEY COMPANY, INC., as full and final compensation the sum of THREE THOUSAND,SEVEN HUNDRED,FIFTY- SEVEN DOLLARS ($3,757.00). ADOPTED THIS llth DAY OF.MARCH, 1993. x, mayor Attest Councilman Bishop introduced the following written reso- lution, and moved for its adoption. Seconded by Councilman Overstreet, motion passed unanimously: RESOLUTION NO. 401-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is hereby authorized to execute a joint Agreement between the CITY OF FAIRHOPE, the CITY OF DAPHNE, the BALDWIN COUNTY COMMISSION, and BCM ENGINEERS, INC., to perform the services for preparing PERMIT APPLICATION for PART 2 MUNICIPAL STORM WATER. BE IT FURTHER RESOLVED that the City of Fairhope agrees to pay their share of the joint fee due BCM ENGINEERS, INC., for their services, maximum to be $22,000.00. ADOPTED THIS llth DAY OF MARCH, 1993. Attest Jam s P. ix, Mayor City C rk 11 March 1993 1414 (and) Mayor Nix advised that a situation had arisen concerning the payment to a landowner for his land on Greeno Road by the State Highway Department. The Highway Department issued a check to William A. Little & Son (for the widening of Greeno Road), but, due to there being an old right-of-way deed, the check was payable to Little AND the City of Fairhope. The right-of-way did not actually deed any land to the City, only set out the use of the land. In order to release the check to Mr. Little, Mayor Nix asked Council for authorization to endorse, along with the City Clerk, the check. None of the money was to come to the City, anyway. Councilwoman Puckett moved to so authorize the endorsement. Seconded by Councilman Duck, motion passed unanimously. There were several Board and Committeeappointments to be made. To expedite, Mayor Nix read the following list of appointees: Board & Names Term to: LIBRARY BOARD Karen Monroe April 95 Dr'. Patricia Blake April 94 AIRPORT BOARD Khim N. Vira April 94 William Payne April 95 HARBOR BOARD Phillip McCarthy April 94 Layton Overstreet April 95 RECREATION BOARD Charlie Smith March 94 Robert B. Callahan, Jr. March 95 PERSONNEL BOARD Shep Shepherd March 98 PARK & TREE COMMITTEE Ruby Hansen Sept 96 After discussion, no other nominees being made, Councilman Overstreet to approve the above list of appointees and terms. Seconded by Councilman Duck, motion passed unanimously. Council reviewed a Beer Off -Premises Beer License application by Gerald D. Myers, dba JERRY'S BAYSIDE, 369 South Mobile Avenue. This location was formerly Hayes' Bayside and had this license. Councilman Duck moved to approve the application. Seconded by Councilman Ford, motion passed unanimously. Council reviewed a Beer Off -Premises License and a Wine Off -Premises License application by Gerald D. Myers, dba JERRY'S KOUNTRY STORE, 17236 Greeno Road. This location was also formerly Hayes Kountry Store and had these licenses. Councilwoman Puckett moved to approve the issuance of both licenses. Seconded by Councilman Duck, motion passed unani- mously. There was police approval of applicant Gerald D. Myers. 11 March 1993 1415 A report was submitted by Purchasing Agent Wayne Smith on the 1986 Chevrolet Caprice Police Car recently offered for sale by sealed bids: The notice stated a minimum bid of $1,000; only one bid came in, and it was for $426.00. It was re- commended that Council reject this bid and reoffer the car for sale by sealed bids; along with two more Police cars (a 1987 and a 1989 Chevrolet Caprices) and salvage materials from the demolition of Fire Station #1 on Section Street. Councilman Overstreet moved to reject the single bid on the 1986 Chevrolet Caprice Police Car, as recommended. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Ford moved to the highest bidder One 1986 Chevrolet One 1987 Chevrolet One 1989 Chevrolet Salvage materials Seconded by Councilman to authorize the advertising and the sale by sealed bids of the following: Caprice Police car, Caprice Police car, Caprice Police car, from Fire Station #1. Overstreet, motion passed unanimously. Councilwoman Puckett moved to approve the use of the south end of the Municipal Pier Beach for EARTH DAY on Sunday, April 25, 1993, as per written request from Eleanore Scott, Co -Chairman of the Earth Day Committee. Seconded by Councilman Duck, motion passed unanimously. Council took the following action on bids: FOR FIFTEEN 30FT CLASS 5; TWENTY 40 FT CLASS 4; TEN 45 FT CLASS 3; FIVE 55 FT CLASS 3; AND FIVE 65 FT CLASS 3 UTILITY POLES Vendor Total Cost Delivery Treated Timber Prods Pensacola, F1 $ 9,211.00 21 days Stallworth Timber Co Beatrice $ 8,123.75 30 days Baldwin Poles & Piling Bay Minette $ 8,631.50 18 days Brown Wood Preserve Pensacola, F1 $11,617.05 14-21 days Lamar Treated Material Hattiesburg, Ms $ 9,394.31 30 days Hatfield & Co Mobile $ 9,724.00 30 days Thomasson Lumber Philadelphia, Ms $ 9,715.00 30 days Treat -All Wood Prods Ridgeland, Ms $ 9,265.65 30 days White Forest Products of Northport, Al, and Interstate Timber Co of Monroeville, Al, made no response. It is recommended to accept the low bid of $8,123.75 by Stallworth Timber Co of Beatrice.--W.Smith A.Norris Purch. Agt. Elec. Supt. Councilman Bishop moved to accept the low bid by Stallworth 11 March 1993 1416 Timber Company, provided all specifications are met. Seconded by Councilman Ford, motion passed unanimously. FOR 15,000 LBS OF 4/0 PRIMARY ELECTRIC WIRE Vendor Cost per Pound Delivery Mack Electric Dothan $0.8437 In stock Stuart C. Irby Co Pensacola, F1 $0.78 In stock Hatfield & Co Mobile $0.869 In stock It is recommended to accept the low bid of $0.78/lb by Stuart C. Irby Company.--W.Smith --A. Norris Purch. Agt. Electric Supt. Councilman Bishop moved to accept the low bid by Irby Company, provided all specifications are met. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Overstreet moved to pay bills as presented. Seconded by Councilman Ford, motion passed unanimously. Meeting was duly adjourned at 5:54 pm. P. Nix, Mayor ity C k