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HomeMy WebLinkAbout08-25-1997 Regular Meeting2061 STATE OF ALABAMA )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 16 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY 25 AUGUST 1 997, PRESENT WERE MAYOR JAMES P. NIX; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. OUINN, JEANETTE PUCKETT, AND WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE AND DEPUTY CITY CLERK GENIECE W. JOHNSON. CITY CLERK EVELYN P. PHILLIPS WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER FORD MOVED TO APPROVE MINUTES OF THE I I AUGUST 1 997 REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. THE OPTIMISTS CLUB, AND THE DOGWOOD TRAIL MAIDS, PRESENTED THE COUNCIL WITH A NEW PICTURE FOR PLACEMENT IN THE CIVIC CENTER LOBBY. COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY: 2062 25 AUGUST 1997 RESOLUTION No. 572A97 WHEREAS, THE COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, (HEREIN CALLED THE "COUNCIL") HAS BEEN INFORMED BY THE SPECIAL CARE FACILITIES FINANCING AUTHORITY OF THE CITY OF DAPHNE-VILLA MERCY (HEREIN CALLED THE "DAPHNE AUTHORITY") THAT MERCY MEDICAL, A CORPORATION, AN ALABAMA NON-PROFIT CORPORATION OPERATING FACILITIES IN THE CITY OF DAPHNE AND THE CITY OF FAIRHOPE, ALABAMA AND THE CITY OF MOBILE, ALABAMA (HEREINAFTER SOMETIMES REFERRED TO AS "MERCY MEDICAL"), HAS REQUESTED CONSIDERATION OF A BOND ISSUE (THE "SERIES 1997 BONDS") BY THE DAPHNE AUTHORITY IN THE AMOUNT OF NOT TO EXCEED $29,600,000 FOR VARIOUS QUALIFYING PURPOSES PURSUANT TO TITLE I I , CHAPTER 62, OF THE CODE OF ALABAMA, 1975, AS AMENDED; AND WHEREAS, A PORTION OF THE PROJECT OF MERCY MEDICAL CONSISTS OF REFINANCING BONDS PREVIOUSLY ISSUED IN 199 1 TO FINANCE THE ACQUISITION OF A FEE INTEREST IN CERTAIN LANDS LOCATED AT 50 SPRING RUN IN THE CITY OF FAIRHOPE, ALABAMA 35532, KNOWN AS THE BIRCHES (THE "BIRCHES FACILITIES") AND ROUTINE CAPITAL EQUIPMENT AT THE "BIRCHES FACILITIES", AND PROVIDE CERTAIN HOSPICE HOME CARE AND HOME HEALTH FACILITIES LOCATED IN BALDWIN COUNTY HOSPICE, 72 FAIRHOPE AVENUE, SUITE 6, FAIRHOPE, ALABAMA 36532, AND AT BALDWIN COUNTY REHAB 1 23 ECOR ROUGE PLACE, FAIRHOPE ALABAMA, 36532, AND REIMBURSING CERTAIN ROUTINE CAPITAL EXPENDITURES AT SUCH LOCATIONS FOR THE THREE YEARS FOLLOWING ISSUANCE OF SERIES 1997 BONDS; AND WHEREAS, MERCY MEDICAL HAS ADVISED THE DAPHNE AUTHORITY AND THE COUNCIL THAT CONSOLIDATION OF ALL OF THE FUNDING OF THE VARIOUS PROJECTS TO BE FUNDED INTO A SINGLE BOND ISSUE ISSUED BY THE DAPHNE AUTHORITY WOULD GREATLY FACILITATE AND EASE THE COMPLEXITY OF THE PROPOSED FINANCING; AND WHEREAS, TITLE I I , CHAPTER 62, OF THE CODE OF ALABAMA, 1975, AS AMENDED, PROVIDES IN SECTION 1 1-62-1(8) THAT THE DAPHNE AUTHORITY MAY FINANCE A FACILITY LOCATION WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY OTHER THAN THE DETERMINING MUNICIPALITY ONLY IF THE MUNICIPALITY OTHER THAN THE DETERMINING MUNICIPALITY SHALL SO APPROVE BY RESOLUTION DULY ADOPTED BY THE GOVERNING BODY OF SUCH OTHER MUNICIPALITY CONSENTING TO THE ACTIONS IN RESPECT TO SUCH FACILITY PROPOSED TO BE TAKEN BY SUCH AUTHORITY; AND WHEREAS, THE CITY OF FAIRHOPE, ALABAMA, HAS BEEN REQUESTED TO SO CONSENT IN ORDER TO ACCOMPLISH THE PUBLIC PURPOSES TO BE SERVED BY THE PROPOSED BOND ISSUE BY THE DAPHNE AUTHORITY; WHEREAS, NOTICE OF A PUBLIC HEARING WAS DULY GIVEN AND A PUBLIC HEARING WAS DULY HELD ON AUGUST 15, 1997 PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF FAIRHOPE, ALABAMA, DOES HEREBY CONSENT TO THE ABOVE -DESCRIBED FINANCING BY THE DAPHNE AUTHORITY. ADOPTED THIS 25TH DAY OF AUGUST, 1 997. JAMES P. Nix, MAYOR ATTES GENIECE W. JOHb9ON, DEPUTY CITY CLERK 2063 25 AUGUST 1 997 A PUBLIC HEARING WAS HELD AS ADVERTISED ON THE REQUEST OF A PACKAGE STORE LICENSE BY GERALD D. MYERS, DBA JERRY'S PACKAGE STORE LOCATED AT 17236 GREENO ROAD. NO ONE PRESENT WAS OPPOSED TO THE LICENSE. THERE WAS POLICE APPROVAL OF THE APPLICANT. COUNCILMEMBER PUCKETT MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCIL REVIEWED AN APPLICATION FOR A BEER OFF -PREMISES LICENSE BY CHRISTOPHER A. BROWNING, DBA FAIRHOPE BAYSIDE MARKET, 369 SOUTH MOBILE STREET. NO ONE PRESENT WAS OPPOSED TO THE LICENSE. THERE WAS POLICE APPROVAL OF THE APPLICANT. COUNCILMEMBER DUCK MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD REQUESTED A TRANSFER OF $7,500.00 FROM THE RECREATION CAPITOL IMPROVEMENTS FUND TO THE RECREATION OPERATING FUND TO REPLACE MOWER PARTS. AFTER DISCUSSION, COUNCILMEMBER PUCKETT SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: Identification: "PERENNIAL RYEGRASS BID - GOLF COURSE" Bids to be opened on: August 18, 1997 at 11:00 a.m. Annual bid for Perennial Rvearess Seed to be used at Ousil Creek Golf Cows&. Ouantily of Grass Seed: 7.0001bs. Treated 6 B, 2501bs. Untreated. TERRA Summerdale, AL $0.87lb. TREATED $0.829 lb. UNTREATED 5-Days SUNBELT SEEDS, INC. Norcross, GA $0.88 lb. TREATED $0.83lb. UNTREATED 1-Day TIECO, INC. Pensacola, FL $0.99 lb. TREATED $0.93 lb. UNTREATED By October 25, 1997 LESCO Rocky River, OH $1.02lb. TREATED $0.97 lb. UNTREATED 10-15 Days BEARD EQUIPMENT Pensacola, FL NO BID BARENBRUG,SOUTHEAST Lexington, S.C. NO RESPONSE It is recommended to accept the low Dla or I tKKA UMMICALS, 5ummeraale, AL Tor Tne rmL:t or w.af ID. I KtA I tU SEED and $0.829 lb. UNTREATED SEED. All specifications have been met. Aaron Norris, Wayne Smith, City of Fairhope Purchasing Agent 25 AUGUST 1 997 2064 COUNCILMEMBER JONES MOVED TO ACCEPT THE LOW BID BY TERRA CHEMICALS, SUMMERDALE, ALABAMA, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES REPORTED ON THE EROSION CONTROL REQUEST FOR INFORMATION, STATING THAT SUNSHINE PRODUCT COMPANY IN BIRMINGHAM, ALABAMA IS THE ONLY COMPANY HE FOUND IN THE BUSINESS OF EROSION CONTROL. IF ANYONE WOULD LIKE MORE INFORMATION ABOUT THIS COMPANY PLEASE SEE COUNCILMEMBER JONES. MR. CHARLES H. BLACK, 54 FAIRHOPE AVENUE ASKED IF THE CITY WAS GOING TO DO ANYTHING ABOUT THE EROSION ON HIS PROPERTY. MAYOR NIX STATED THAT THE CITY IS DOING ALL THAT THEY COULD AND KNEW TO DO. NEVERTHELESS, THE CITY COULD NOT DO ANYTHING ON PRIVATE PROPERTY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:50 PM. �JAMESNIX, MAYOR w- WIN' w1dwom.