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Home My WebLink About06-09-1997 Regular Meeting2033 STATE OF ALABAMA X COUNTY OF BALDWIN X THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 16 I NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 9 JUNE 1997, PRESENT WERE MAYOR JAMES P. NIX; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, AND WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE AND DEPUTY CITY CLERK GENIECE W. JOHNSON. COUNCILMEMBER JEANETTE PUCKETT AND CITY CLERK EVELYN P. PHILLIPS WERE ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER JONES MOVED TO APPROVE MINUTES OF THE 29 MAY 1 997 REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE NO. 10 1 3. THE PLANNING be ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. THE ORDINANCE WILL INCLUDE BEAUTY AND BARBER SHOPS UNDER B4 BUSINESS AND PROFESSIONAL OFFICES. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER JONES MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER FORD, MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 10 1 3. SECONDED BY COUNCILMEMBER FORD, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, AND JONES. NAY -NONE. 2034 9 JUNE 1 997 A PUBLIC HEARING WAS HELD ON THE BUILDING LOCATED AT 5 1 NORTH SECTION STREET, OWNER OF RECORD HAZEL MARTHA FORSTER AGRON, SURVIVED BY MICHAEL AGRON. THE BUILDING OFFICIAL BOB LUNSFORD HAS DECLARED THIS BUILDING A DANGEROUS BUILDING. MR. MICHAEL AGRON WAS PRESENT. MR. LUNSFORD STATED THE BUILDING AND THE BUILDING SITE AS THEY EXIST CONSTITUTE A NUISANCE AND AN EYESORE TO THE CITY. HE FURTHER STATED THAT AN INSPECTION OF THE BUILDING REVEALS STRUCTURAL DAMAGE CAUSED BY THE ELEMENTS AND BY THE ACTIONS OF THE BUILDING OWNERS. THE ROOF IS LEAKING IN NUMEROUS PLACES, CAUSING DETERIORATION OF THE STRUCTURAL MEMBERS SUPPORTING THE ROOF LOADS. THE CANOPY ROOF STRUCTURE WHICH SERVED AS LATERAL BRACING AND STABILIZED THE PERIMETER STRUCTURE WAS REMOVED IN VIOLATION OF THE BUILDING CODES IN THAT NO REPAIR OR DEMOLITION PERMIT WAS OBTAINED FOR THE WORK. CONTAMINATED SOIL FROM FUEL TANK REMOVAL WAS LEFT ON SITE IN DIRECT VIOLATION OF THE ORDER OF THE FIRE SAFETY INSPECTOR TO REMOVE SAME, AND CONTINUES AS A DANGER AND NUISANCE TO THE CITY. PARTS OF THE BUILDING HAVE BEEN OPEN AT VARIOUS TIMES TO THE ENTRY OF UNAUTHORIZED PERSONS. THE UNCONTROLLED PARKING OF VEHICLES AND THE UNCONTROLLED INGRESS AND EGRESS TO THE ADJACENT HEAVILY TRAVELED STREETS POSES A SAFETY HAZARD TO THE PUBLIC. MR. LUNSFORD HAS GOOD REASON TO BELIEVE THAT THE ROOF LEAKS ARE DRAINING INTO THE ELECTRICAL PANEL AND PUDDLING ON THE FLOORS IN THAT VICINITY, POSING A DANGER OF SEVERE ELECTRICAL SHOCK TO PERSONS WITHIN THE BUILDING. THERE EXISTS EXTENSIVE TERMITE DAMAGE TO PARTS OF THE BUILDING AND THE ATTACHED SHOP AREA. MR. LUNSFORD SUGGESTS THAT THIS PUBLIC HEARING BE CONTINUED ON THE CONDITION THAT THE CONTAMINATED SOIL BE REMOVED FORTHWITH, THE ELECTRICAL POWER BE TERMINATED AT THE TRANSFORMER UNTIL THE PANEL IS PROTECTED AND MADE SAFE, AND THAT PARKING ON THE LOT BE DISCONTINUED UNTIL A PLAN OF CONTROL IS DEVISED, PROVIDING SAFE INGRESS AND EGRESS. MR. AGRON'S ATTORNEY, MR. MANLEY CUMMINS EXPRESSED THAT HE AND HIS CLIENT ARE ON THE VERGE OF FILING A PETITION IN THE PROBATE COURT OF BALDWIN COUNTY, BUT HE ANTICIPATES THAT IT WILL BE A MONTH BEFORE LETTERS ARE ISSUED DUE TO THE FACT THAT THEY WILL NEED TO PUBLISH NOTICE ON THE ESTATE. MR. CUMMINS WENT ON TO STATE THAT AT THE PRESENT TIME THERE IS NO ONE WHO CAN LEGALLY ACT ON BEHALF OF THE ESTATE. ONE OF THE HEIRS OF THE PROPERTY IS OUT OF THE COUNTRY AND THE OTHER IS PRESENTLY HOSPITALIZED . MR. MANLEY REQUESTED THAT THE MATTER SCHEDULED TO BE HEARD BY THE CITY COUNCIL BE POSTPONED AT LEAST UNTIL THE ESTATE IS OPEN AND LETTERS ARE GRANTED TO HIS CLIENT. MAYOR NIX RECOMMENDED THAT THE FOLLOWING THREE MATTERS BE TAKEN CARE OF WITHIN 1 5 DAYS: 2035 9 JUNE 1997 I . TERMINATE ELECTRICAL POWER AT THE TRANSFORMER 2. DISCONTINUE UNCONTROLLED PARKING 3. REMOVE THE CONTAMINATED SOIL UPON APPROVAL FROM ADEM. THE MAYOR ALSO RECOMMENDED THAT THIS PUBLIC HEARING BE CONTINUED AT THE AUGUST I I , 1 997 REGULAR COUNCIL MEETING. COUNCILMEMBER FORD OFFERED A MOTION ON THE MAYOR'S RECOMMENDATIONS. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE NO 10 1 4, AN ORDINANCE TO HELP INDIGENTS WITH THEIR UTILITY BILLS. THE FAIRHOPE UTILITY CUSTOMERS WOULD HAVE THE OPTION TO PARTICIPATE IN THE VOLUNTARY RELIEF FUND BY CHECKING THE APPROPRIATE BOX ON THE UTILITY BILL. THERE WOULD BE AN OVERSIGHT COMMITTEE ESTABLISHED. THE COMMITTEE SHALL CONSIST OF THREE MEMBERS WHO SHALL SERVE FOR A TERM OF TWO YEARS. THE COMMITTEE MEMBERS SHALL BE APPOINTED AS FOLLOWS: ONE MEMBER - APPOINTED BY ECUMENICAL MINISTRIES ONE MEMBER - APPOINTED BY THE FAIRHOPE MINISTERIAL ASSOCIATION ONE MEMBER - APPOINTED BY THE MAYOR. AFTER DISCUSSION COUNCILMEMBER DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES, MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 10 1 4. SECONDED BY COUNCILMEMBER FORD, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, AND JONES. NAY -NONE. COUNCILMEMBER JONES MOVED TO APPROVE INSURANCE COVERAGE ON THE FOLLOWING VOLUNTEER FIRE PERSONS: DEMARCUS BLACK, TODD BALE, KEVIN GRAY, AND DIEDRA BAGGETT. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 2036 9 JUNE 1997 COUNCIL MADE THE FOLLOWING APPOINTMENTS: THREE 5-YEAR TERMS ON RECREATION BOARD. COUNCILMEMBER FORD MOVED TO REAPPOINT RICHARD BASS, RAE JACKSON, AND LARRY THOMAS. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER DUCK MOVED TO CLOSE THE NOMINATION AND REAPPOINT BASS, JACKSON, AND THOMAS BY ACCLAMATION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. ONE 2-YEAR TERM ON AIRPORT BOARD. COUNCILMEMBER DUCK MOVED TO REAPPOINT WILLIAM H. PAYNE. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER JONES MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT PAYNE BY ACCLAMATION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. FOUR 2-YEAR TERMS ON HARBOR BOARD. COUNCILMEMBER QUINN MOVED TO REAPPOINT WILLIAM (BILL) JONES, HOYT GREENBURY, PHIL RUTHERFORD, AND LAYTON OVERSTREET. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER FORD MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT JONES, GREENBURY, RUTHERFORD, AND OVERSTREET BY ACCLAMATION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. ONE 6-YEAR TERM ON INDUSTRIAL BOARD. COUNCILMEMBER DUCK MOVED TO REAPPOINT BOB CLARK. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER QUINN MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT CLARK BY ACCLAMATION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. ONE 3-YEAR TERM ON ORGANIC SCHOOL BOARD. COUNCILMEMBER QUINN MOVED TO REAPPOINT PAT QUINN. THERE BEING NO OTHER NOMINATIONS COUNCILMEMBER FORD MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT PAT QUINN BY ACCLAMATION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. 2037 9 JUNE 1997 COUNCIL TOOK ACTION ON THE FOLLOWING BID: Identification: PLASTIC SEWER PIPE Bids to be opened on: May 20. 1997 Time: 11:00 a.m. PLASTIC SEWER PIPE. TO BE USED UNDER CITYRIGHT-OF-WAY. VENDOR: PRICE PER FOOT: DELIVERY: HUGHES SUPPLY CO. Name of Mfg.: Udonor ETI Co. Mobile, AL Type: Ultra -Rib Size Pipe: Price: 8" - $1.65 ft. 10" - 2.70 ft. 12" - 3.80 ft. 15" - 5.67 ft. Stock to 1- 18" - 7.12 ft. Week 21" - 9.60 ft. 24" - 11.30 ft. 30" - 20.75 ft. U.S. FILTER DISTRIBUTION Name of Mfg.: Extrusion Pensacola, FL Technology, Inc. Type: Ultra -Rib Size Pipe: Price: 8" - $1.65 ft. 10" - 2.68 ft. 12" - 3.76 ft. 15" - 5.68 ft. 15-30 Days 18" - 8.11 ft. 21" - 11.58ft. 24" - 16.15 ft. 30" - 20.88 ft. 36" - 33.88 ft. M.T. DEASON CO., Birmingham, AL NO BID EMPIRE PIPE, Birmingham, AL NO BID G & C SUPPLY, INC., Atwood, TN NO RESPONSE CENTRAL PIPE & SUPPLY, Pascagoula, MS NO RESPONSE FAIRHOPE WINNELSON CO., Fairho e, AL NO RESPONSE CONSOLIDATED PIPE & SUPPLY CO., Mobile, NO RESPONSE AL PORT CITY PIPE, INC., Mobile, AL NO RESPONSE It is recommended to accept the low bid of HUGHES SUPPLY CO., Mobile, Alabama. All specifications have been met. Tim Kant, Wayne Smith, Supt. Public Works Purchasirg Agent 2038 9 JUNE 1997 COUNCILMEMBER DUCK MOVED TO ACCEPT THE LOW BID BY HUGHES SUPPLY CO., MOBILE, ALABAMA, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER OUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. THERE BEING NO OTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:58 PM. r�1 -/ter P. Nix, MAYOR �J GENIECE W. JOHN ON, DEPUTY CITY CLERK