The URL can be used to link to this page

Home My WebLink About10-11-1993 Regular Meeting1496 STATE OF ALABAMA 0 COUNTY OF BALDWIN 0 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 Monday. 11 October 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 27 September 1993 regular session were duly approved. Ms. EG Hinds, representing the Eastern Shore Chamber of Commerce, addressed the Council requesting that the Chamber be in full charge of assigning spaces for exhibitors at next year's Arts & Crafts Festival (March 18, 19, and 20) and that they be allowed the use of the Civic Center for that weekend. Ms. Hinds said the streets to be closed would be co-ordinated with the Mayor and the Police Department. There have been some problems with exhibitors coming in and setting up booths with- out going through the Chamber. Ms. Hinds said by giving the Chamber authority over the downtown area, these problems should not recur. After some discussion, Councilman Ford moved to grant the requests. Seconded by Councilman Duck, motion passed unanimously. Ack Moore, consulting engineer, presented the following Change Orders for consideration. Each order was discussed and explained in turn: (a) CO #2, Weaver & Sons contract on Division "A", '93 Public Improvements Project, an increase of $13,934.45; (b) CO #2, Weaver & Sons contract on Division "B", 193 PI Project, an increase of $1,043.00; (c) CO #1, Brunson -Nichols contract on Division "C", 193 PI Project, a decrease of $ 142.77; (d) CO #2, Brunson -Nichols contract on Division "C", 193 PI Project, an increase of $4,541.25; and (e) CO #4, Fairhope Paving Company contract on the Sewer Improvements to the New Fairhope High School Project, an increase of $1,320.00*. Councilman Bishop moved to approve the Change Orders above. Seconded by Councilwoman Puckett, motion passed unanimously. *CO #4, Fairhope Paving Company, was reworked the next day by Mr. Moore and City Clerk Phillips, resulting in a reduced amount of increase of only $631.90. 11 October 1993 1497 Council took the following action on bids: FOR A BORING MACHINE - WATER & SEWER DEPT. Vendor Ditch Witch PD-40 Mobile Dixie Pow-R Mole Peachtree, Ga Ditch Witch McL1200 Birmingham Cost $ 7,396.00 $11,275.90 Delivery 14 days 14 days $ 9,331.98 Did Not Meet Specs Vermeer Sales of Pensacola, F1; Jack Boring Equipment of Delta, Al; Asplundh Tree of Saginaw, Al; and Bi-State Equipment of Mobile did not respond. It is recommended to accept the low bid of $7,396 by Ditch Witch Company of Mobile. --W. Smith, Purch. Agt. --M. Rejczyk, Supt. Councilman Overstreet moved to accept the low bid of Ditch Witch Company of Mobile, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. FOR A YEAR'S SUPPLY OF VARIOUSLY -SIZED PVC ELECTRICAL CONDUIT Vendor Mathes Electric. Fairhope Stuart C. Irby Co Pensacola, F1 Hughes Supply Dothan Mack Electric Sup Dothan Estimated Total Cost Delivery $ 67,145.00 3-5 days $ 58,052.30 15 days $ 65,382.00 15 days $ 59,810.00 3 days Hatfield & Company of Mobile entered a No Bid. Magnolia Electric of Fairhope and Mobile Bay Electric of Fairhope did not respond. It is recommended to accept the lowest overall bid of approximately $58,052.30 by Stuart C. Irby Company. Conduit would be ordered as needed through the year at the Per Size, Per Quanity quoted prices. --W. Smith, Purch. Agt. --A. Norris, Supt. Councilman Bishop moved to accept the low bid by Stuart C. Irby Company, provided all specifications are met. Seconded by Councilman Ford, motion passed unanimously/ Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilwoman Puckett, motion passed unanimously: 11 October 1993 1498 RESOLUTION NO. 431-93 BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the proposed Budgets, presented and reviewed this 11th day of October, 1993, be hereby approved and adopted for FY 1993-1994; and BE IT RESOLVED that the Annual Salaries of City Personnel shall be as shown on a list entitled "Annual Salaries of All City Personnel - Resolution No. 431-93"; said list filed in the Office of the Mayor, of the City Clerk, and of the Personnel Director; and BE IT RESOLVED that Mayor James P. Nix is hereby authorized to execute a loan contract with SouthTrust Bank of Baldwin County for the amount of $200,000.00, to be repaid in 5 annual payments at an interest rate of 3.5%, said money to be used for the Centennial Hall project; and BE IT FURTHER RESOLVED that the Mayor be authorized to enter into a contract with the Eastern Shore Chamber of Commerce to promote the City of Fairhope. The contract shall be for one (1) year, 1 October 1993 - 30 September 1994, but may be cancelled at any time. Contract shall call for a payment to the Eastern Shore Chamber of Commerce of $125.00 per month from the General Fund and $125.00 per month from each of the Utility Funds; or $6,000.00 for the one-year term. ADOPTED THIS 11TH DAY OF OCTOBER, 1993. J es P. Nix, Mayor Attest City erk Councilman Ford introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Duck, motion passed unanimously: (Res. No. 432-93 on next page............) 11 October 1993 1499 RESOLUTION NO. 432-93 WHEREAS, on 5 October 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 (hereinafter "Act"), which, among other things, provided that the basic service tier rates, and charges for related equipment, installation, and services, of a cable television system (hereinafter "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, on 1 April 1993, the FCC prescribed such regulations in the Report and Order, In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177 released 3 May 1993) hereinafter the "Fcc Rate Regulations"); and WHEREAS, the City of Fairhope, Alabama (hereinafter "the City"), is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the Basic Service Rates and Charges of any cable television system operating within the City's jurisdiction, including, without limitation, the system currently being operated by TCI of the Gulf Plains (hereinafter "Company") pur- suant to the franchise agreement between the City and the Company (hereinafter "Franchise"); and WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the Company and any other cable television system operating within the City's jurisdiction and shall do so in accordance with the Act and the FCC Rate Regulations (as such may be amended from time to time by the FCC), notwithstanding any different or inconsistent pro- visions in the Franchise; and WHEREAS, on 21 September 1993, the City filed with the FCC a completed Form 328, "Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition," and served such Form 328 on the Company; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,THAT: 1. The City will follow the FCC Rate Regulations (as such may be amended from time to time by the FCC) in its regulation of the Basic Service Rates and Charges of the Company and any other cable television system operating within the City's jurisdiction, notwithstanding any different or inconsistent provisions in the Franchise; and 2. In connection with such regulations, the City will insure a reasonable opportunity for consideration of the views of interested parties by (a) making available for public inspection, at a time and location to be specified by public notice, a copy of any rate filing submitted by the Company to the City (hereinafter "Rate Filing"); (b) after public notice, accepting written comments submitted by interested parties and convening a public hearing within 20 (or more, but less than 30) days of the submission of such Rate Filing by the Company; and (c) accepting additional public comments and/or convening further public hearings as the City deems necessary or desirable in carrying out its rate regulatory function in a fair and efficient manner which assures adequate public participation; and 1500 (Res. No. 432-93 continues...) 3. In connection with provisions 1 and 2 above, the City will comply with all state and local requirements which apply to public participation in the City's regulation of the Basic Ser- vice Rates and Charges of the Company and any other cable television system operating within the City's jurisdiction; and 4. This Resolution shall be effective immediately. Attest ADOPTED THIS THE 11TH DAY OF OCTOBER, 1993. r s N. N1X, Mayor N Under old business, Council was informed that the Downtown Merchants Association has advised that they have no objection to the closing of certain downtown streets on Saturday, 11 December 1993, from 6:30-9:00 pm, for "Carols for Charity" as requested by the Jubilee Music Company. After discussion, Councilman Duck moved to approve the Jubilee request, provided that Section Street is kept open and that Jubilee will co- ordinate with the Police Department. Seconded by Councilman Ford, motion passed unanimously. Councilman Ford moved to pay bills as presented. Seconded by Councilman Bishop, motion passed unanimously. Mayor Nix reported that he had been receiving calls following the recent announcement by the Baldwin County Health Department of their plans to close the office in Fairhope due to lack of funds. Several councilpersons said they had been contacted also. After some discussion, Councilman Overstreet moved for the Mayor to write a letter to the County Health Department requesting that they reconsider their decision. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Overstreet read a letter to the media concerning remarks contributed to him which were incorrect. Meeting was duly adjourned at 6:05 pm.. - ..A ! r . Nix, Mayor City CA/er