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Home My WebLink About10-26-1998 Regular Meeting2223 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; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 26 OCTOBER 1 998. PRESENT WERE MAYOR NAMES P. NIX; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER QUINN, MOVED TO APPROVE MINUTES OF THE 1 2 OCTOBER 1 998 REGULAR MEETING. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. THE PUBLIC HEARING ON THE PROPOSED GREENSPACE ORDINANCE WAS CONTINUED. COUNCILMEMBER FORD INTRODUCED ORDINANCE NO. 1 040 IN WRITING. THIS ORDINANCE WOULD REPEAL ORDINANCE NO. 1028, THE GREENSPACE ORDINANCE, AND AMEND ORDINANCE NUMBER 1037, THE FAIRHOPE TREE ORDINANCE. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER JONES MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER PUCKETT, MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER JONES THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1040. SECONDED BY COUNCILMEMBER DUCK, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER FORD INTRODUCED ORDINANCE NO. 104 I IN WRITING, AN ORDINANCE TO ANNEX ARNOLD F. FRICHTER AND DIANE B. FRICHTER PROPERTY, LOCATED AT 7209 FOREST PARK, MONTROSE. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER JONES MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER PUCKETT, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 104 1 . SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. 2224 =WeZeTi •T7STEiESI-1 3 COUNCILMEMBER DUCK INTRODUCED ORDINANCE NO. 1 042 IN WRITING, AN ORDINANCE TO ANNEX FAIRHOPE SINGLE TAX CORPORATION (LEASEHOLDER CRAIG F. DYAS) PROPERTY, LOCATION RIVER MILL, UNIT THREE. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER JONES MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER QUINN, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1042. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 610-98 WHEREAS, the City of Fairhope, Alabama is desirous of obtaining funding made available through the Alabama Department of Transportation under the Transportation Enhancement Program (TEA- 21) for the purpose of constructing a landscaped and streetscaped pedestrian/bike trail along the right-of- way of U.S. Highway 98 within the City Limits of the City, and WHEREAS, local financial participation is a requirement for proposal consideration, and proof of commitment is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: Section 1. That the City of Fairhope, Alabama, submit a proposal for funding consideration to the Alabama Department of Transportation for FY 1999 Transportation Enhancement funding in the amount of $200,00.00 for the purpose of constructing a pedestrian way/bike way along the right-of-way of U.S. Highway 98 within the City Limits of Fairhope. Section 2. That the City of Fairhope, Alabama, hereby commits the amount of $50,000.00 (201/6) in local funds for the purpose of constructing the $250,000.00 project. s I, GENIECE W. JOHNSON, DULY APPOINTED CITY CLERK -TREASURER OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, ON THE 26TH DAY OF OCTOBER 1998. GENIECE W. JOHNSON, CITY CLERK -TREASURER DATE 2225 26 OCTOBER 1 998 COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. RESOLUTION No. 611-98 WHEREAS, unfunded mandates occur when state laws require local governments to implement programs without providing the money to pay for these program; and WHEREAS, local governments may have to increase taxes or cut services to pay for the implementation of these unfunded mandates; and WHEREAS, the State Legislature has proposed an amendment to the Alabama constitution to limit unfunded state mandates; and WHEREAS, the proposal (Amendment No. 7) will appear on the November 3'd ballot for ratification by the voters; NOW, THEREFORE, BE IT RESOLVED that the City Council of Fairhope, Alabama, does hereby strongly endorse ratification of Amendment No. 7; and BE IT FURTHER RESOLVED that the City Council of Fairhope, Alabama, encourages all voters of the municipality to vote in favor of amendment No. 7 on November 3 rd ADOPTED AND APPROVED THIS 26TH DAY OF OCTOBER , 1998. A.'t— Z?'�4n2 'L ATTEST: Jam s P. Nix, Mayor Geniece W. Johnson, Citf Clerk I, GENIECE W. JOHNSON, DULY APPOINTED CITY CLERK -TREASURER OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, ON THE 26TH DAY OF OCTOBER 1998. GENIECE W. JOHNSON, CITY CLERK -TREASURER DATE 2226 26 OCTOBER 1 998 COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. RESOLUTION No. 612-98 Sponsored by: Mayor James P. Nix Councilmember John V. Duck Councilmember Mike A. Ford Councilmember William A. Jones Councilmember Jeanette Puckett Councilmember Debbie W. Quinn WHEREAS, the Fairhope Educational Enrichment Foundation, Inc. has been working for over three years to help ensure that every student is afforded the opportunity to succeed through various programs in the Fairhope Public Schools; and WHEREAS, these programs have blossomed under the direction of Fairhope Educational Enrichment Foundation, Inc. despite operating with a very restrictive budget; and WHEREAS, the City of Fairhope is desirous of assisting the Fairhope Educational Enrichment Foundation, Inc. with its fund raising campaign, the goals of said campaign being to improve parental and community involvement in public education; to improve student achievement in the Fairhope Public Schools; and to improve the number and quality of students entering the work force; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, that $50,000.00 be appropriated out of the three utilities funds to pay for services rendered to the City of Fairhope by Fairhope Educational Enrichment Foundation, Inc., said services being more specifically set forth in the Performance Contract between the City of Fairhope and Fairhope Educational Enrichment Foundation, Inc. ATTE Geniece W. ADOPTED this 26th day 4f October , 1998. Clerk P. Nix, Mayor I, GENIECE W. JOHNSON, DULY APPOINTED CITY CLERK -TREASURER OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, ON THE 28TH DAY OF OCTOBER 1998. Geniece W. Johnson, City Clerk -Treasurer Date 2227 26 OCTOBER 1 998 COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 61 3-98 BE fT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE FOLLOWING 1 998 HOLIDAYS WILL BE OBSERVED BY ALL CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES: / / / �i�vvirrzGvn� ,�'7 �' 28 �ecvin� 2/s L'',�5 LWe,w LVea4uga L(7a:�*w� DULY ADOPTED THIS 26TH DAY OF OCTOBER , 1 998. / J ES P. NIX, MAYOR ATTEST GENIECE W. JOHNSON, CITY CLERK 2228 26 OCTOBER 1 998 COUNCILMEMBER FORD MOVED TO APPROVE THE REQUEST FOR CHANGE ORDER #i 3, BY J & F PATE be ASSOCIATES CONTRACTORS, INC. AN INCREASE OF $3,947.00, ON THE EXHAUST UNIT AT THE JAMES P. NIX CENTER. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO UPDATE THE VOLUNTEER FIRE ROSTER, AND APPROVE INSURANCE COVERAGE FOR MARK SMITH, AND DELETE JIMMY CANTRELL AND BRAD UTLEY. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO ADDRESS THE FOLLOWING ITEMS NOT ON THE AGENDA. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD ADDRESS THE COUNCIL REQUESTING AUTHORIZATION TO EXCEPT BIDS FOR A 72' MOWER FOR THE RECREATION DEPARTMENT. THE MOWER WILL COST APPROXIMATELY $ 1 0,000- 1 2,000, AND WILL BE PAID OUT OF THE RECREATIONAL CAPITAL IMPROVEMENT FUND. COUNCILMEMBER JONES MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MAYOR NIX ADDRESS THE COUNCIL REQUESTING AUTHORIZATION TO EXCEPT BIDS FOR ONE PUMPER FIRE TRUCK AND ONE AERIAL FIRE TRUCK. COUNCILMEMBER QUINN MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:47 P.M. t 4JAMP. Nix, MAYOR GENIECE W. JOHNSO CITY CLERK.