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Home My WebLink About06-27-1994 Regular Meeting1576 STATE OF ALABAMA 0 COUNTY OF BALDWIN 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 Mondav, 27 June 1994. 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 13 June 1994 regular session were duly approved. A group of Volunteer Firemen were present for the Mayor to present a plaque of appreciation to former Fire Chief Tim Kant. Mayor Nix also proclaimed Saturday, 2 July 1994, to be Silver Queen Corn Day in the city, and presented the proclamation to Ms. Nancy Hall, President of Fairhop First, the sponsoring organization of the Silver Queen Corn Festival. A Ms. Janasek, and a Ms. Michelle Lee, came before the Council to present an idea concerning a "Community Park." The ladies are heading a committee who want to build a park -playground, commonly called a "Leathers Playground", to be located on Church Street across from the Kindergarten Center. The project would be funded by donations and built by volunteers. After construction, the city would be respon- sible for maintenance and liability. The ladies also asked if the city would accept the donations, establish a bank account, and assist in disbursements. After discussion, Councilman Bishop moved for approval of the project as pre- sented. Seconded by Councilman Duck, motion passed unanimously. When complete, the park would be named "Fairhopers Community Park", and would be used as a playground for the kindergarten during school hours. A written request from Ms. Elizabeth Cole, owner of The Party Junction, to hold a company picnic for 125 people on the south beach area on Friday, July 22nd, was discussed. The party will be catered and held under a tent, alcohol will not be served but some may bring their own beer. They also want passes for the kids to use playground in the north beach area. Councilwoman Puckett moved to approve the request, provided the area will be cleaned up afterwards as promised. Seconded by Councilman Duck, motion passed unanimously. 27 June 1994 1577 Councilman Duck introduced in writing an ordinance to amend Section 7.7 (a) (1) of the Fairhope Code of Ordinances by increasing Reinspection Fees. This ordinance will be given final consideration at the next regular session. A large group of people were present due to the Council's consideration of a Beer On/Off Premises License by Harold I. Bracy, dba HAROLD'S at 19616 Young Street, being held over from the last regular session on June 13th. Mr. Bracy and his attorney, Mr. Baty Pierson, were present. Mrs. Rosie Gill, who lives directly across the street from the location, was opposed to the Beer license because of her health (noise) and does not want beer available to her kids. The Reverend Andrew Bosnum, who lives about 1/2 block from location, said people do not act right when they drink, even if it is only a beer. Mrs. Patricia Strickland, who also lives on the same street as Ms. Gill, said she did not want beer that close to her 16-year-old son. Mr. Willie Parker, who lives behind the location, said he had no objection to a beer only license, and suggested a curfew be imposed. Mr. James Gibbs, who lives on Twin Beech Road, spoke of the good character of Mr. Bracy, said others had sold beer on Young Street, and Mr. Bracy should be given a chance. Mr. Pierson said Mr. Bracy will accept any reasonable restrictions, such as a curfew or a probationary period. Mr. Bracy also spoke and said he has been operating HAROLD'S for about four months (video games, pool tables) now and there had been no trouble and having beer available would not cause any trouble. Mayor Nix called for a motion to approve or to disapprove the application. No motion was made. Council discussed a request to vacate a drainage & utility easement across the north side of Lots 58, 59, 60, and 65 of Audubon Place as presented by all the owners of the abutting property. Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: (Res. No. 454-94 on next page .............) 27 June 1994 157s RESOLUTION NO.47, q�—, WHEREAS, a Declaration of Vacation signed by all of the owners of all of the lands abutting the hereinafter described easement, situated in Audubon Place (Greenwood Park Subdivision), City of Fairhope, Baldwin County, Alabama, having been duly presented to the Mayor and Council of the said City of Fairhope, for the assent and approval of said governing body, said Declaration with map attached being hereto affixed, marked "Exhibit A" and made a part hereof; and WHEREAS, the said easement above referred to is more particularly described as follows: A common side lot drainage and utility easement over and across the North side of Lots 58, 59, 60, and 65 of Audubon Place as recorded as Greenwood Park Subdivision, Map Book 8, page 93, and amended in Misc. Book 32, pages 119-121, Baldwin County Probate Records: that portion of the said Lots embraced within the boundaries of the said easement, as same appears on the Plat of Records. WHEREAS, it appears to the Mayor and City Council of the City of Fairhope, Alabama, that the vacation of said easement is in order and that convenient and reasonable means of ingress and egress is, afforded all other property owners owning property in the tract of land embraced in the said plat; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the vacation of the hereinabove described easement is hereby assented to and approved and the same is hereby vacated pursuant to the provisions of Title 23-4-20 of the 1975 Code of Alabama. ADOPTED THIS 27TH DAY OF JUW , 1994. s P. Nix, Mayor ATTEST Evelyn Y) Phillips, CMC City C1 k 27 June 1994 1579 Volkert & Associates, consulting engineers on the Side Stream Storage Tank and Biosolid Drying Beds project for the Water & Sewer Department, reported the following bids on the construction of the Drying Bids and recommended the low bid by C.B.E., Inc., of Mobile be accepted: For construction of complete Biosolid Drying Beds No. 1, 2, and 3 and appurtenances in addition to the concrete structure and underdrain for Bed No. 4; also the filter media and above ground piping required for the completion of Bed No. 4: Contractor Total Amount C.B.E., Inc. Paco, Inc. Weed Company, Inc. E-J Builders, Inc. W.R. Mitchell, Inc. Morrison Company, Inc. David Construction Co. Advance Tank & Const. Co. Engineer's Estimate: $ 255,838 $ 287,770 $ 296,274 $ 303,413 $ 309,850 $ 315,973 $ 319,000 $ 323,885 $315,000 Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 455-94 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 and C.B.E., INC., of Mobile, Alabama, for the construction of biosolid drying beds at the City's Wastewater Treatment Facility as per specifications prepared by Volkert & Associates, Inc. Contract price of $255,838.00 covers the construction of Beds 4 ,#2, and #3 in addition to the concrete foundation and under - drains for Bed #4, and provide and install the filter media and above ground piping required to complete Bed #4. ADOPTED THIS 27TH DAY OF JUNE, 1994. Jame P. Nix, Mayor 27 June 1994 1580 Council took the following action on bids: FOR 2-INCH COATED STEEL PIPE - GAS DEPT. Vendor Per Foot Delivery Central Pipe & Supply Jackson, MS $ 2.25 2 days Empire Pipe Birmingham $ 1.48 10 days Consolidated Pipe Mobile $ 1.65 21 days Ferguson Enterprises Mobile $ 3.8378 14 days Port City Pipe Mobile $ 1.55 14 days It is recommended to accept the low bid of Empire Pipe Company at $1.48 per foot. --W. Smith -- S. Seay Purch. Agt. Gas Supt. Councilwoman Puckett moved to accept the low bid by Empire Pipe Company, provided all specifications are met. Seconded by Councilman Overstreet, motion passed unanimously. FOR 2-INCH GAS SERVICE TUBING - GAS DEPT. (6 months) Vendor Per Foot Delivery Equipment Controls Norcross, GA $ 0.44 14-21 days G&C Supply Atwood, TN $ 0.43 14 days M.T. Deason Co Birmingham $ 0.55 14 days Central Pipe & Supply Jackson, MS $ 0.64 1 day Port City Pipe Mobile $ 0.37 1-2 days It is recommended to accept the low bid of Port City Pipe Company at $.037 per foot. Escalation Clause included due to instability of plastics market. --W. Smith -- S. Seay Purch.Agt. Gas Supt. Councilman Ford moved to accept the low bid by Port City Pipe Company, provided all specifications are met. Seconded by Councilman Bishop, motion passed unanimously. FOR 1-YEAR SUPPLY MOSQUITO CONTROL CHEMICALS Vendor Per Gal. Delivery VecTec, Inc Orlando, FL $69.15 10 days Bertolla Farm Supply Robertsdale $67.98 3 days A No Bid was received from Pennington Seed of Hammond, LA, and Terra International of Summerdale; No response from Clarke Mosquito Control, Roselle, IL; Ole Tyme Feed & Seed, Fairhope; Adapco, Inc., Pearl, MS; and Public Health Equipment, San Antonio, TX. 27 June 1994 158.1 It is recommended to accept the low bid of $67.98 per gallon by Bertolla Farm Supply. --W. Smith --P. Rutherford Purch. Agt. Gen. Supt. Councilman Ford moved to accept the low bid by Bertolla Farm Supply, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. Volkert & Associates, the city's consulting engineers on the 2MG Side Stream Storage Tank project, presented a request for Change Order #1 on the Advanced Tank & Construction contract. The additional amount of $2,409.08 covers additional earthwork around the base of the tank. Councilman Bishop moved to approve the request. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Ford advised the Council about a Recreation Board project: the leasing of some land from the County Board of Education for constructing three softball fields. Project will cost approximately $125,000 and the completed fields will be used by the city and by the schools. Alter some discussion, Councilman Duck moved to authorize the Mayor to begin negotiations for the lease with the County Board of Education. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Bishop moved to hear the following business not on the Agenda. Seconded by Councilman Ford, motion passed unanimously: The bids on the pump for the W&S Department at last meeting was to have been for two pumps - one to replace a present pump and one for the new side stream storage tank job. The bid tabulation failed to state two pumps were needed and only showed the price for one pump($10,033.00 low bid by Jim House & Associates). Councilman Ford moved to correct the action taken by accepting House's low bid for two pumps, $20,066.00 total cost. Seconded by Councilman Duck, motion passed unanimously. Mayor Nix advised that our attorney, Caine O'Rear with the Hand, Arendall firm in Mobile, on the Walter Woodrow suit concerning voting practices and annexations,has recommended that no more annexation petitions be accepted until this lawsuit is finalized. Councilman Overstreet moved to accept this recommendation. Seconded by Councilman Duck, motion passed unanimously. Mrs. Mary C. (Kitty) Richmond asked for permisson to read a letter to the Council and have it recorded in the minutes. Mrs. Phillips asked that any remarks to be placed in the minutes be given to her in writing. Mrs. Richmond read the letter on the following page and gave a written copy to the City Clerk: 27 June 1994 1582 Zo Iiayor Ax Fairhope City Council I4embers I•Is. E. Phillips I wish to read a statement to you. I do not want a decision or a resolution; I want simply to give a statement that will be included in the minutes of this meeting as a timely response. On Friday, June 10, 1994, I received a letter from Bob Lunsford stating "the stop order placed on P. Hunter Property" was released. There were attachments included from the office of Duck, Calhoun & Floyd re.garding P. Hunter Property. This letter is the latest development in a case of conflicting interest which began in October, 1993. The legal points as stated by Win. Daniel Calhoun involve a 19' parcel of land running East and West on the North boundary of P. Hunter property. This 19' parcel of land has been claimed by adverse possession at sometime by someone and is claimed presently by P. hunter, so states Calhoun. I wish to notify Ar. Hunter and this City Council that I refute the points as stated. to prove ownership of said 19' parcel, and I believe I have better points and documents to prove the 19' parcel is a public lane. I ask the minutes of this meeting record my refusal to accept loss of public lane and notice of my intention to continue to search for the truth of this matter. Thank you. r4ary C. Richmond /off 9" , -- ,? GJ o- 9930 Meeting was duly adjourned at 6:42 pm. v= - ! P . Aix, Mayor