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Home My WebLink About08-28-1996 Regular Meeting1814 STATE OF ALABAMA: )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 PM; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY. 26 AUGUST 1996. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND LAYTON OVERSTREET; AND CITY CLERK EVELYN P. PHILLIPS. CITY ATTORNEY MARION E. WYNNE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMAN DUCK MOVED TO APPROVE MINUTES OF THE AUGUST 12TH REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. THE LEGAL SECRETARIES ASSOCIATION REQUESTED PERMISSION TO HOLD THEIR 2ND ANNUAL 5K RUN FOR DOMESTIC VIOLENCE ON SATURDAY, 26 OCTOBER 1996, BEGINNING AT 8:00 AM. A MAP OF THE COURSE WAS PRESENTED AND IT HAS ALREADY BEEN APPROVED BY THE POLICE DEPARTMENT. COUNCILWOMAN PUCKETT MOVED TO APPROVE THE REQUEST. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. COUNCILMAN OVERSTREET INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN OVERSTREET, MOTION CARRIED BY THE FOLLOWING VOTE: AYE - FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY -NONE. ABSTAIN - DUCK: (RES. No. 530-96 ON NEXT PAGE......) 1815 26 AUGUST 1996 RESOLUTION NO. 530-96 WHEREAS, A DECLARATION OF VACATION SIGNED BY THE PROPERTY OWNERS, C.W. AND DOROTHY C. COLEMAN, OF THE HEREINAFTER DESCRIBED EASEMENT, SITUATED IN THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, VACATING SAID EASEMENT DESCRIBED IN AN INSTRUMENT DATED 3 NOVEMBER 1 988 AND RECORDED IN REAL PROPERTY BOOK 338, AT PAGES 280-28 1, BALDWIN COUNTY PROBATE RECORDS, HAVING BEEN DULY PRESENTED TO THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, 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 EASEMENT REFERRED TO ABOVE IS MORE PARTICULARLY DESCRIBED AS: COMMENCE AT AN IRON PIN MARKER AT THE SE CORNER OF LOT No. 3 OF BAY ECHO SUBDIVISION AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN SLIDE FILE I 190A, BALDWIN COUNTY PROBATE RECORDS; RUN THENCE N- 00*33'20°-E 2 1 . 1 4 FT FOR A POB; THENCE RUN N-00*33'20°-E 53.86 FT; THENCE RUN N-70*06'54°-W 3 1.79 FT; THENCE RUN S-00*33'20'-E 54.1 2 FT TO A POINT THAT IS SITUATED 20 FT NORTHERLY AT RIGHT ANGLES FROM THE SOUTH MARGIN OF SAID LOT 3; THENCE RUN S-70*33'30°-E 3 1.7 1 FTTO THE POB. CONTAINS 1,620 SO FT, MORE/LESS WHEREAS, IT APPEARS TO THE MAYOR AND COUNCIL THAT THE VACATION OF SAID EASEMENT IS IN ORDER AND THAT CONVENIENT AND REASONABLE MEANS OF INGRESS AND EGRESS ARE AFFORDED ALL OTHER PROPERTY OWNERS IN THE TRACT OF LAND EMBRACED IN THE SAID PLAT; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL 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, 1 975 CODE OF ALABAMA, AS AMENDED. ADOPTED THIS 26TH DAY OF AUGUST, 1 996. I, EVELYN P. PHILLIPS, CITY CLERK FOR THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ABOVE RESOLUTION IS A TRUE, CORRECT AND EXACT COPY OF SAID RESOLUTION DULY AND LEGALLY ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AT A REGULAR MEETING THEREOF HELD ON THE 26TH DAY OF AUGUST, 1 996, AS TAKEN FROM THE MINUTES OF SAID MEETING. WITNESS MY HAND AND OFFICIAL SEAL ON THIS THE 26TH DAY OF AUGUST, 1 996. v ` EVELYN P. PHILLIPS, CITY CLERK 0 u VOLKERT & ASSOCIATES, INC., CONSULTING ENGINEERS ON THE UP -GRADE OF THE WASTEWATER TREATMENT PLANT, REPORTED TWO BIDS RECEIVED FOR THE CONSTRUCTION OF THE HEADWORKS: 1816 26 AUGUST 1 996 (1) C.B.E. , INC., OF MOBILE, AT $444, 779.00, AND (2) MORRISON COMPANY, INC., OF TUSCALOOSA, AT $693,830.00. THEY RECOMMEND ACCEPTING THE LOW BID BY C.B.E., INC. COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 53 1 -96 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, AL, FOR THE CONSTRUCTION OF THE HEADWORKS PHASE OF THE WASTEWATER TREAT- MENT PLANT, ACCORDING TO, AND UNDER THE SUPERVISION OF, VOLKERT & ASSOCIATES. INC; FOR THE PRICE OF $444,779.00. ADOPTED THIS 26TH DAY OF AUGUST, 1996. COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: FOR 3-PH POWER TRANSFORMER, TWIN BEECH SUBSTATION: BASE EVALUATED VENDOR BID BID DELIVERY STUART C. IRBY CO PENSACOLA, FL 331,898 502,698 28 WKS HATFIELD & CO MOBILE 301,440 450,840 26-30 WKS CHAS. ASHBY CO. B'HAM 312,752 498,332 22-26 WKS SOUTHCON B'HAM 382,805 513,007 36-38 WKS BECK ASSOCIATES B'HAM 314,650 479,170 32-38 WKS STUART C. IRBY CO PENSACOLA, FL 314,430 521,970 28 WKS IT IS RECOMMENDED TO ACCEPT THE LOWEST EVALUATED BID, COST $30 1,440, BY HATFIELD AND COMPANY. ---A. NORRIS, ELECTRIC DEPT. ---W. SMITH, PURCHASING AGENT. 1817 26 AUGUST 1996 COUNCILMAN BISHOP MOVED TO ACCEPT THE LOW BID BY HATFIELD COMPANY, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. FOR 3-PH POWER TRANSFORMER, FAIRHOPE AVE SUBSTATION BASE EVALUATED VENDOR BID BID DELIVERY STUART C. IRBY CO PENSACOLA, FL 130,694 214,594 20 WKS HATFIELD & CO MOBILE 138,500 239,210 16 WKS CHAS. W. ASHBY CO B'HAM 185,942 282,782 22-26 WKS BRASFIELD SALES B'HAM 177,555 274,791 03/31/97 HUGHES SUPPLY CO DOTHAN 98,662 224,190 1 6 WKS BECK ASSOCIATES B'HAM 159,270 247,830 38 WKS MAYER ELECTRIC MOBILE 1 01 ,369 226,917 1 6 WKS STUART C. IRBY CO PENSACOLA, FL 105,938 234,096 20 WKS IT IS RECOMMENDED TO ACCEPT THE LOWEST EVALUATED BID, COST $ 1 30,894, BY STUART C. IRBY COMPANY. ---A. NORRIS, ELECTRIC DEPT. ---W. SMITH, PURCHASING AGENT COUNCILMAN BISHOP MOVED TO ACCEPT THE BID BY STUART C. IRBY COMPANY, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. A CHANGE ORDER REQUEST BY JAMES BROTHERS EXCAVATING COMPANY, ON THEIR CONTRACT UNDER THE 1 996-97 PUBLIC IMPROVEMENTS ASSESSMENTS PROJECT, WAS REVIEWED. AFTER DISCUSSION, COUNCILWOMAN PUCKETT MOVED TO APPROVE CHANGE ORDER # I , AN INCREASE OF $865.43. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. MR. MOSS, A REGULAR COUNCIL ATTENDEE, ADVISED COUNCIL OF THE PROMPT RESPONSE HE GOT LAST WEEK WHEN HE CALLED ABOUT HAVING SOME TREE LIMBS TRIMMED. SAY THE EMPLOYEES ON TRUCK 282 WERE MOST COURTEOUS AND REFUSED TO TAKE A GRATUITY WHEN HE OFFERED IT. MR. MOSS ALSO SAID THE CITY HAS DONE, AND IS DOING, AN OUTSTANDING JOB BY OPENING UP "THE HANGOUT". 26 AUGUST 1996 THERE BEING NO FURTHER BUSINESS, MAYOR NIX ADJOURNED THE MEETING UNTIL I O:OO AM, WEDNESDAY, AUGUST 28TH, IN THE COUNCIL CHAMBER, AT WHICH TIME THE COUNCIL WILL CANVASS THE RESULTS OF THE 1 996 MUNICIPAL ELECTION, TO BE HELD ON TUESDAY, AUGUST 2 7TH . 28 AUGUST 1996 THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, RECONVENED IN REGULAR SESSION ON WEDNESDAY, 28 AUGUST 1996, AT 1 O:OO O'CLOCK AM, IN THE COUNCIL CHAMBER, 1 6 1 NORTH SECTION STREET. 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 P. PHILLIPS. NO ONE WAS ABSENT. COUNCIL REVIEWED THE RESULTS OF THE PREVIOUS DAYS MUNICIPAL ELECTION. COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY: (CANVASS RESOLUTION No. 532-96 ON NEXT 2 PAGES.....) 1819 CANVASS RESOLUTION RESOLUTION No. 532-96 WHEREAS, THE GENERAL ELECTION FOR THE CITY OF FAIRHOPE WAS DULY AND LEGALLY HELD ON TUESDAY, 27 AUGUST 1 996, AS PROVIDED BY LAW; AND WHEREAS, THE MUNICIPAL GOVERNING BODY OF THE CITY OF FAIRHOPE MET ON THIS 28TH DAY OF AUGUST, 1 996, ALL MEMBERS THEREOF BEING PRESENT, AT 1 0:00 O'CLOCK A.M, AND HAS CANVASSED THE RETURNS, AND HAS ASCERTAINED AND DETERMINED THE NUMBER OF VOTES RECEIVED BY EACH CANDIDATE; AND WHEREAS, THE SAID MUNICIPAL GOVERNING BODY HAS ASCERTAINED AND DETERMINED THE RESULT OF SAID ELECTION AS FOLLOWS: CANDIDATE BOX BOX BOX ABSENTEE CHALLENGE TOTAL # 1 #2 #3 BOX #4 VOTES ALL VOTES FOR PLACE 2 MARY ANN LAPEZE JEANETTE PUCKETT- FOR PLACE 3 VAUGHN KELLEY WM.(BILL) JONES LAYTON OVERSTREET JACK A. STIPES FOR PLACE 4 MICHAEL(MIKE) FORD VINCE VALENTIM 300 398 0 8 0 706 561 727 0 29 O 1319 89 126 0 3 0 218 372 526 0 22 1 921 229 263 0 8 1 501 164 207 0 4 0 375 559 768 0 31 2 1360 298 355 0 2 0 655 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: I . THAT JEANET7E PUCKETT RECEIVED A MAJORITY OF THE VOTES CAST FOR THE OFFICE OF COUNCIL PLACE 2 AND IS HEREBY DECLARED DULY ELECTED TO THAT OFFICE FOR THE TERM BEGINNING 7 OCTOBER 1 996. 2. THAT NO CANDIDATE RECEIVED A MAJORITY OF THE VOTES CAST FOR THE OFFICE OF COUNCIL PLACE 3, AND THAT WILLIAM (BILL) JONES AND LAYTON OVERSTREET RECEIVED THE MOST AND SECOND MOST VOTES CAST FOR THAT OFFICE, THEREFORE, A RUNOFF ELECTION BETWEEN SAID CANDIDATES IS HEREBY ORDERED TO BE HELD ON 17 SEPTEMBER 1996, PURSUANT TO THE REQUIREMENTS OF SECTION I I -46-20 ET SEQ., OF THE CODE OF ALABAMA, 1 975, AS AMENDED. 28 August 1996 1820 3. THAT MICHAEL (MIKE) FORD RECEIVED A MAJORITY OF THE VOTES CAST FOR THE OFFICE OF COUNCIL PLACE 4 AND IS HEREBY DECLARED DULY ELECTED TO THAT OFFICE FOR THE TERM BEGINNING 7 OCTOBER 1996. ADOPTED THIS 28TH DAY OF AUGUST, 1 996. !11� �/ it 2.d-- �x�dz 2=; COUN CILMEMBER /--1 ) . . ATTEST EVELYN IV. PHILLIPS, CITY CLE K Meeting was duly adjourned at 10:04 am. Ja es P. 'ix, Mayor elyn Y/.1 Plillllps, City C; pr