Loading...
HomeMy WebLinkAbout07-12-1999 Regular Meeting2324 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 I NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 1 2 JULY 1999. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBER JOHN V. DUCK, MICHAEL A. FORD, JEANETTE PUCKETT, WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON. COUNCILMEMBER DEBBIE W. QUINN WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVE MINUTES OF THE 28 JUNE 1 999, REGULAR MEETING. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. THE DOGWOOD TRAIL MAIDS PRESENTED THE COUNCIL WITH A NEW PICTURE FOR REPLACEMENT IN THE CIVIC CENTER LOBBY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. AN ORDINANCE TO ESTABLISH REGULATION FOR COMMUNICATION TOWER AND ANTENNAS. MR. RICHARD PEACOCK, REPRESENTING FAIRHOPE AMATEUR RADIO OPERATIONS ADDRESSED THE COUNCIL REQUESTING THAT THE ORDINANCE BE FURTHER AMENDED TO ALLOW AMATEUR RADIO OPERATOR TOWERS TO BE AT LEAST 65 FEET IN HEIGHT. MR. PEACOCK HAD SEVERAL OTHER CONCERNS. COUNCILMEMBER DUCK INTRODUCED IN WRITING THE ORDINANCE WITH THE EXEMPTION OF THE AMATEUR RADIO OPERATORS FROM THIS ORDINANCE ENTIRELY. CITY ATTORNEY MARION E. WYNN EXPRESSED THAT THERE MAY BE A PROBLEM WITH EXEMPTING THE AMATEUR RADIO OPERATORS ENTIRELY. THE ORDINANCE SHALL BE AMENDED TO EXEMPT THE AMATEUR RADIO OPERATORS AND ANOTHER ORDINANCE SHALL BE CREATED ADDRESSING THE AMATEUR RADIO OPERATORS ONLY. 2325 1 2 JULY 1 999 A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE. 1057. THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. THIS ORDINANCE RE -ZONE BILL CALLIER PROPERTY, LOCATED ON BEECHER STREET (LOCATED BETWEEN MORPHY AVENUE AND FAIRHOPE AVENUE), FROM RA -RESIDENTIAL AGRICULTURE TO R2-SINGLE FAMILY RESIDENTIAL. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER PUCKETT MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1057. SECONDED BY COUNCILMEMBER DUCK, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, NIX, PUCKETT, AND JONES. NAY - NONE. COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 12 JULY 1 999 Resolution No. 648-99 2326 WHEREAS, the Owners of River Mill Unit 1 desire to have all public streets and rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama as slide number 1541-B accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the General Superintendent of the City of Fairhope, Alabama represents that the streets in River Mill Unit 1 have been installed in substantial conformity with City requirements, and; WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of the project that the design and capacity of the public improvements and the streets have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama has received from the owners of River Mill Unit 1 a maintenance bond for the streets constructed for a period of 2 years from the date of the approval of this Resolution, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the streets for River Mill Unit 1 are hereby accepted for public maintenance subject to the bond posted. Adopted, this 12th day of July , 1999 �..// J es P. Nix, Mayor a Geniece W. Johnson,4tity Clerk 2327 1 2 JULY 1 999 COUNCILMEMBER JONES INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. RESOLUTION NO: 649-99 FAIRHOPE POLICE DEPARTMENT PROCEDURALS GENERAL ORDER OF OFF -DUTY POLICE OFFICES WHEREAS, the purpose of this resolution is to establish procedures for Outside employment Work permit requirements Conduct for off -duty police work WHEREAS, Police Officers of the City of Fairhope may accept off -duty employment subject to the restrictions of guidelines set out herein: Any Officer seeking at accept outside employment must file with the Chief of Police a request for approval of outside employment. This request shall include the location and nature of the outside employment; the date and hours to be worked; the name of outside employer; the duties of the outside employment; whether the job is a one time event or is continuous; whether the job is to be worked in uniform; a list of any public equipment that may be used during the job; and any other information required by the Chief of Police. The Chief of Police shall approve or disapprove of any outside employment in writing. The Chief of Police may place conditions not inconsistent with this policy upon the acceptance of any outside employment. Public equipment may be used only as approved by the Chief of Police. PART-TIME EMPLOYMENT - Part-time employment is defined as any employment by an employer, other than the City of Fairhope, for which an employee of the Police Department receives payment. Due to the large number of requests for employment. This policy applies to all employees (sworn and civilian) of the City of Fairhope Department. 2328 12 JULY 1 999 CATEGORIES OF OUTSIDE EMPLOYMENT - OUTSIDE EMPLOYMENT WILL NORMALLY FALL INTO THREE (3) CATEGORIES: PART-TIME EMPLOYMENT - DOES NOT REQUIRE USE OF LAW ENFORCEMENT POWERS. AN EMPLOYEE WHO OWNS OR OPERATES ANY PRIVATE BUSINESS, WORKS ON COMMISSION, OR RECEIVES COMPENSATION IN ANY FORM FROM ANY PERSON, FIRM OR CORPORATION OTHER THAN THE DEPARTMENT FOR THE PERFORMANCE OF NON -POLICE SERVICES IN CONSIDERED TO BE ENGAGED IN PART-TIME EMPLOYMENT. EXAMPLES INCLUDE PHOTOGRAPHY, PROPERTY MANAGEMENT, DIRECT MARKETING, RETAIL SALES, AND OTHER COMMERCIAL PURSUITS. 2. REGULAR OFF -DUTY - IS CONDITIONED ON THE ACTUAL OR POTENTIAL USE OF LAW ENFORCEMENT POWERS OF AN EMPLOYER OTHER THAN THE OFFICERS DEPARTMENT FOR A CONTINUOUS PERIOD OF 30 DAYS OR MORE. EXAMPLES INCLUDE WORKING CROWD CONTROL AT AMUSEMENT EVENTS OR PROVIDING SECURITY OAT APARTMENT COMPLEXES, MALLS AND SHOPPING CENTERS, FINANCIAL INSTITUTIONS, SCHOOLS, HOSPITALS, ETC. 3. TEMPORARY OFF -DUTY - IS CONDITIONAL ON THE ACTUAL OR POTENTIAL USE OF LAW ENFORCEMENT POWERS FOR AN EMPLOYER OTHER THAN THE OFFICERS DEPARTMENT FOR A PERIOD OF LESS THAN 30 DAYS. EXAMPLES INCLUDE PROVIDING SECURITY AT EXHIBITIONS, FESTIVALS, PARADES, CONSTRUCTION PROJECTS, SPECIAL MERCHANDISE SALES, SPORTING EVENTS AND OTHER SIMILAR EVENTS OF SHORT DURATION. GENERAL RESTRICTIONS - FINAL APPROVAL FOR ANY OUTSIDE WORK REQUEST WILL REST WITH THE CHIEF OF POLICE OR A STAFF OFFICER HE SO DESIGNATES. EMPLOYEES REQUESTING OUTSIDE EMPLOYMENT SHOULD BE AWARE THAT CERTAIN POLICY RESTRICTIONS APPLY. THESE RESTRICTIONS NOT ONLY PROTECT THE DEPARTMENT BUT ALSO HELP PREVENT CONFLICTS OF INTEREST BETWEEN AN EMPLOYEES PROFESSIONAL STATUS AS AN IMPARTIAL PUBLIC SERVANT AND THOSE JOBS, WHICH COULD TARNISH HIS IMAGE OR PREJUDICE HIS IMPARTIALITY. THESE RESTRICTIONS ALSO ENSURE THAT OFFICERS REMAIN BOTH PHYSICALLY AND MENTALLY CAPABLE OF PERFORMING ALL FUNCTIONS REQUIRED OF THEIR PRIMARY EMPLOYER - THE POLICE DEPARTMENT I . EMPLOYEES WILL NOT BE APPROVED TO ACCEPT EMPLOYMENT THAT WOULD CONSTITUTE A THREAT TO THE STATUS OR DIGNITY OF LAW ENFORCEMENT AS A PROFESSIONAL OCCUPATION. EXAMPLES INCLUDE EMPLOYMENT AT ESTABLISHMENTS THAT PROMOTE PORNOGRAPHY OR OBSCENITY, AS DEFINED BY APPLICATION STATUTES; WHERE THE PRINCIPAL BUSINESS IS THE SALE, MANUFACTURE, TRANSPORT, OR DISPENSING OF ALCOHOLIC BEVERAGES; WHERE AS OWNER PREVIOUSLY HAS BEEN CONVICTED OF A FELONY; OR WHERE OBVIOUS POTENTIAL FOR ILLEGAL ACTIVITY EXISTS. 2329 12 JULY 1 999 2. OUTSIDE EMPLOYMENT WILL NOT BE APPROVED FOR EMPLOYMENT REQUESTS THAT COULD POSE A CONFLICT OF INTEREST. EXAMPLES INCLUDE EMPLOYMENT THAT WOULD REQUIRE AN OFFICER TO: WORK AS A PROCESS SERVER, REPOSSESSION OR DEBT COLLECTOR, CONDUCT PERSONNEL INVESTIGATIONS FOR THE PRIVATE SECTOR, CONDUCT TASKS IN UNIFORM THAT ARE NOT OF A LAW ENFORCEMENT NATURE, ASSIST OTHERS IN PREPARING CRIMINAL OR CIVIL CASES, ACT AS AN INDEPENDENT CONTRACTOR OF POLICE SERVICES. OFF -DUTY EMPLOYMENT CANNOT CONFLICT WITH OFFICIAL ON -DUTY HOURS. 3. EMPLOYEES ON PROBATION AS A RESULT OF DISCIPLINARY ACTION ARE FORBIDDEN FROM PERFORMING OUTSIDE EMPLOYMENT FOR A PERIOD TO BE DETERMINED BY THE CHIEF OF POLICE OR HIS DESIGNEE. 4. EMPLOYEE ABSENT FROM DUTY BECAUSE OF ILLNESS AND AUTOMATICALLY SUSPENDED FROM PERFORMING OUTSIDE EMPLOYMENT ON THE DAY OF THE ILLNESS. 5. EMPLOYEES WORKING PART-TIME OR REGULAR OFF -DUTY JOBS ARE REQUIRED TO INCLUDE THE APPROXIMATE DURATION OF THE JOB IN THE INITIAL REQUEST OF APPROVAL. EMPLOYEES MUST UPDATE THEIR OUTSIDE EMPLOYMENT STATUS EACH YEAR BY JANUARY 1 5T". EMPLOYEES WILL UPDATE THEIR REQUESTS IN WRITING TO THE CHIEF OF POLICE OR HIS DESIGNEE. ANY MATERIAL CHANGE OF BUSINESS OR EMPLOYMENT FUNCTIONS WILL BE REPORTED TO THE CHIEF OF POLICE OR HIS DESIGNEE WITHIN 10 DAYS OF THE INSTITUTION OF THE CHANGE, BY FILING A NEW REQUEST. 6. OFFICERS OR EMPLOYEES ARE STRICTLY FORBIDDEN TO SOLICIT PART-TIME BUSINESS PURSUITS BY USING THE POLICE BADGE OR THE "COLOR OR OFFICE" TO CONTRACTOR FOR OFF -DUTY POLICE OFFICE SERVICES. 7. EMPLOYEE MAY NOT BEGIN WORKING OUTSIDE THE DEPARTMENT PRIOR TO FINAL APPROVAL BY THE CHIEF OF POLICE OR HIS DESIGNEE. 8. EMPLOYEE INJURED WHILE WORKING PART-TIME EMPLOYMENT ARE NOT PROTECTED BY THE DEPARTMENTS WORKERS' COMPENSATION COVERAGE. 9. IN ACCORDANCE WITH BENSON V. CITY OF BIRMINGHAM, DURING OFF -DUTY LAW ENFORCEMENT EMPLOYMENT AS OFFICER "ON SCENE" MUST RESPOND TO A THREATENED OR ACTUAL VIOLENT ACT OF CRIMINAL CONDUCT THEN HE MUST EXERCISE HIS LAW ENFORCEMENT POWER IN A REASONABLE MANNER TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE. HE MUST EXERCISE POWERS IN STRICT CONFORMITY WITH RULES AND REGULATIONS OF THE CITY, POLICE DEPARTMENT, AND LAWS OF ALABAMA AND THE CONSTITUTION OF THE UNITED STATES. 10. OFF DUTY PERSONNEL SHALL MAKE ARREST ONLY WHEN LIFE OR PROPERTY IS THREATENED AND THE SITUATION IS SUCH THAT THEY CANNOT WAIT FOR THE ARRIVAL OF AN ON DUTY PERSONNEL. THE OFFICER MUST INITIALLY IDENTIFY HIMSELF PROPERTY AS A POLICE OFFICER OF THE CITY OF FAIRHOPE PRIOR TO EXECUTING HIS POLICE POWERS. 2330 1 2 JULY 1 999 MAXIMUM HOURS - TO ENSURE THAT OFFICERS OR EMPLOYEES REMAIN PHYSICALLY AND MENTALLY ALERT WHILE ON DUTY, THE DEPARTMENT SETS A CEILING FOR THE MAXIMUM NUMBERS OF HOURS AN OFFICER OR EMPLOYEE MAY WORK OUTSIDE THE AGENCY AS FOLLOWS. OFFICERS OR EMPLOYEES WILL NOT WORK MORE THAN 1 7 HOURS IN ONE (I ) DAY, INCLUDING DUTY HOURS. UNIFORMS - OFFICERS PERFORMING LAW ENFORCEMENT -RELATED SERVICES AS A CONDITION OF OFF -DUTY EMPLOYMENT GENERALLY WILL BE REQUIRED TO WARE THE DEPARTMENTS UNIFORM. THE CHIEF OR HIS DESIGNEE RESERVES THE PRIVILEGE TO CIRCUMVENT THIS STIPULATION WHEN NECESSARY. COMPENSATION - THE CHIEF OF POLICE OR HIS DESIGNEE WILL SET COMPENSATION STANDARDS AS FOLLOWS: I . NO RATE PAY IS SET FOR PART -TIE EMPLOYMENT. THE LOCAL CONSUMER MARKET WILL DETERMINE THE PROFITABILITY OF A PART-TIME JOB. 2. NO RATE OF PAY IS SET FOR REGULAR OFF -DUTY POLICE EMPLOYMENT. 3. A STANDARD PAY RATE FOR TEMPORARY OFF -DUTY POLICE EMPLOYMENT WILL BE SET BY THE CHIEF OF POLICE. THIS WILL AVER "UNDERCUTTING" PRACTICES BY ANY MEMBER OF THE DEPARTMENT. THIS ALLOWS BUSINESSES OR ORGANIZATIONS THAT WANT TO HIRE OFF -DUTY OFFICERS TO PREPLAN THEIR EXPENSES AND ENSURES THAT THE MAXIMUM RATE OF PAY REMAINS COMPETITIVE. APPROVAL PROCEDURE - REQUESTS FOR APPROVAL WILL CONTAIN THE FOLLOWING INFORMATION: A. OFFICERS NAME AND IDENTIFICATION NUMBER B. DATE OF REQUEST C. LOCATION OF EMPLOYMENT OF EVENT D. TELEPHONE NUMBER OF EMPLOYER OF BUSINESS E. DESCRIPTION OF DUTY REQUIREMENTS F. CLOTHING TO BE WORN (UNIFORM OR PLAIN CLOTHES) G. NAME OF PERSON IN CHARGE H. DATE(S) AND TIME(S) OF EMPLOYMENT 1. CATEGORY OF EMPLOYMENT J. CURRENT DUTY ASSIGNMENT, SHIFT AND SIGNATURE OF EMPLOYEE REQUESTING OUTSIDE EMPLOYMENT. K. AND ANY ADDITIONAL INFORMATION AS REQUIRED BY PARAGRAPH I ON THIS PROCEDURE GENERAL ORDER. I . ALL REQUESTS FOR PART-TIME EMPLOYMENT AND REGULAR OFF -DUTY EMPLOYMENT WILL BE SUBMITTED THROUGH THE CHAIN OF COMMAND TO THE CHIEF OF POLICE OR HIS DESIGNEE. THE CHIEF OF POLICE OR HIS DESIGNEE WILL MAINTAIN A FILE OF SUCH REQUESTS. THE APPROVAL REQUESTS WILL ALSO BE MAINTAINED IN THE EMPLOYEES PERSONNEL FILE. 2331 1 2 JULY 1 999 2. ALL REQUESTS FOR TEMPORARY OFF -DUTY POLICE EMPLOYMENT WILL BE FORWARDED THROUGH THE CHIEF OF POLICE OR HIS DESIGNEE. THE CHIEF OF POLICE OR HIS DESIGNEE WILL COORDINATE ALL REQUEST FOR TEMPORARY OFF -DUTY EMPLOYMENT. THE CHIEF OF POLICE OR HIS DESIGNEE SHALL DETERMINE IF REQUESTS ARE ACCEPTABLE AND DO NOT CONFLICT WITH EXISTING RESTRICTIONS AND DIRECTIVES AND DECIDE ON THE NUMBER OF OFFICERS, INCLUDING SUPERVISORS, NEEDED FOR THE ASSIGNMENT. THE DECISION WILL BE BASED ON THE TYPE OF EVENT, EXPECTED ATTENDANCE, AVAILABILITY OF ALCOHOL BEVERAGES, TRAFFIC CONTROLS, ETC. THE CHIEF OF POLICE, WHEN POSSIBLE WILL POST APPROVED ASSIGNMENTS ON BULLETIN BOARDS FOR EACH SHIFT. WHEN POSSIBLE, THE CHIEF OF POLICE OR HIS DESIGNEE WILL TRY TO HONOR AN ORGANIZATIONS REQUEST FOR SPECIFIC OFFICERS. ALSO, OFFICERS WHO INCITE AN ACCEPTABLE ASSIGNMENT SHOULD BE ALLOWED TO WORK THE EVENT. THE CHIEF OF POLICE OF HIS DESIGNEE SHOULD GENERALLY REQUIRE THAT BUSINESSES OR ORGANIZATIONS PROVIDE AT LEAST ONE ( I ) WEEK ADVANCE NOTICE TO ENSURE THAT OFFICERS HAVE AN ADEQUATE OPPORTUNITY TO REVIEW AND SIGN-UP FOR TEMPORARY OFF -DUTY JOBS. 3. UNDER NO CIRCUMSTANCES WILL THE DEPARTMENT ASSUME RESPONSIBILITY FOR GUARANTEEING COVERAGE OF OFF -DUTY EMPLOYMENT REQUEST WITH THE EXCEPTION OF EVENTS SPONSORED BY THE CITY OF FAIRHOPE. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE CITY COUNCIL DO HEREBY APPROVED AND ACCEPTED THE PROCEDURES SET OUT FOR OUTSIDE EMPLOYMENT, WORK PERMIT REQUIREMENTS, AND CONDUCT FOR OFF DUTY POLICE WORK. ADOPTED THIS THE 12TH DAY OF JULY , 1999. 04 JAME P. NIX, MAYOR ATTES GENIECE W. JOHNSON, 61TY CLERK COUNCIL REVIEWED AN APPLICATION FOR A BEER/WINE ON/OFF PREMISES LICENSE BY Kim CHATWOOD, DBA JUS' GUMBO, LOCATED AT 2 SOUTH CHURCH STREET. COUNCILMEMBER JONES MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. 2332 1 2 JULY 1 999 COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY JESUS MANSO, DBA LOLO'S BISTRO, LOCATED AT 104 NORTH SECTION STREET. COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO APPROVE THE CHARGE -OFF OF 1 995- 1 996 UNCOLLECTIBLE UTILITY ACCOUNTS. THESE ACCOUNTS TOTAL $29,540. 15. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO GRANT THE EUROPEAN COLLECTION REQUEST TO INSTALL A CANVAS AWNING ABOVE THE CITYIS SIDEWALK PROVIDED THAT THE AWNING IS APPROVED BY THE BUILDING OFFICIAL. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES REPORTED THAT SOME MONTHS AGO A ROUNDABOUT WAS APPROVED FOR INSTALLMENT AT CHURCH STREET AND PIER AVENUE. THE STREET IS NOT WIDE ENOUGH TO INSTALL A ROUNDABOUT. COUNCILMEMBER JONES MOVED TO POLL THE NEIGHBORHOOD TO SEE IF 60% OF THE RESIDENTS (RESIDENTS DOES NOT HAVE THE BE PROPERTY OWNERS) ARE IN FAVOR OF INSTALLING A TRAFFIC TABLE. IF 60% OF THE RESIDENTS ARE IN FAVOR THEN THE ISSUE WILL COME BACK TO THE COUNCIL BEFORE PRECEDING. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES AND HIS COMMITTEE (COUNCILMEMBER DUCK, FORD AND Tim KANT) RESEARCHED THE REQUEST OF MS. HARVARD'S TO PLACE THREE LARGE SPEED LIMIT SIGNS ON WEST VOLANTA AVENUE AND TWO CHARTREUSE WARNING (ICON) SIGNS ON BOTH SIDES OF THE STREET. COUNCILMEMBER JONES REPORTED THAT THE COMMITTEE RECOMMENDS PLACING THREE SPEED LIMIT SIGNS, AND SPACING CHILDREN AT PLAY SIGNS BUT NOT TO PLACE TWO CHARTREUSE (ICON) SIGNS, FOR THESE SIGNS ARE NOT APPLICABLE FOR THIS PARTICULAR LOCATION (SCHOOL ZONES SIGNS). COUNCILMEMBER JONES MOVED TO IMPLEMENT THE COMMITTEES RECOMMENDATIONS. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. 2333 1 2 JULY 1 999 FIVE 2-YEAR TERM ON HARBOR BOARD. COUNCILMEMBER FORD MOVED TO REAPPOINT BILL JONES, PETE BREWER, PHIL RUTHERFORD, LAYTON OVERSTREET AND SAM PIPKIN. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. ONE 3-YEAR TERM ON THE PARKING AUTHORITY BOARD. COUNCILMEMBER PUCKETT MOVED TO REAPPOINT HORACE STOWE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. ONE 2-YEAR TERM ON THE AIRPORT BOARD. COUNCILMEMBER DUCK MOVED TO REAPPOINT WILLIAM PAYNE. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. Identification: AIRPORT ROOF REPAIRS -REAR BUILDINGS Bids to be opened on: July 8, 1999 at: 11:00 a.m. VENDOR: TOTAL PRICE: DELIVERY. LRW, INC., Flomaton, AL $42,183.00 7-Days THOMAS ROOFING CO., Mobile, AL $66,975.00 Start within two weeks. CENTIMARK, Pensacola, FL NO RESPONSE S&H ROOFING, Summerdale, AL NO RESPONSE KIKER CORP., Mobile, AL NO RESPONSE ALL SOUTH CONTRACTORS Spanish Fort, AL NO RESPONSE It is advised to accept the low bid of LRW, INC., Flomaton, AL for the total price of $42,183.00 with all specifications being met. Phil Rutherford, General Supt. Wayne Smith, Purchasing Agent COUNCILMEMBER PUCKETT MOVED TO ACCEPT THE LOW BID OF LRW, INC., FLOMATON, ALABAMA PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2334 1 2 JULY 1 999 Identification: "DEMOLITION OF BUILDING" Bids to be opened on: July 8, 1999 Time: 11:30 a.m. VENDORS FOR DEMOLITION OF BUILDING: VENDOR: I TOTAL PRICE: DELIVERY TIME: S.L.M. LOT CLEARING, Daphne, AL $1,875.00 Start immediately MELTON CONSTRUCTION & PAVING Summerdale, AL $2,850.00 30-Days McKENZIE BULLDOZING, Fairhope, AL $5,300.00 7-Days FAIRHOPE PAVING CO., Fairhope, AL $5,500.00 It is advised to accept the low bid of S.L.M. LOT CLEARING, Daphne, AL for the total price of $1,875.00 with all specifications being met. Christopher Baker, Director of Planning & Building Wayne Smith, Purchasing Agent COUNCILMEMBER JONES INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. RESOLUTION No. 650-99 WHEREAS, THE DIRECTOR OF PLANNING & BUILDING AND ENVIRONMENTAL OFFICER OF THE CITY OF FAIRHOPE, ALABAMA, PURSUANT TO PROVISIONS OF ARTICLE V CHAPTER 7 OF THE FAIRHOPE CODE OF ORDINANCE HAVE INVESTIGATED A BUILDING WHICH EXISTED ON MIDDLE STREET (TAX PARCEL ID NUMBER 46-03-37-0-- 15- 1 37.00) AND HAS FOUND THE SAME TO BE A DANGEROUS BUILDING WITHIN THE MEANING OF SECTION 7-86 OF SAID CODE AND A PUBLIC NUISANCE, AND; WHEREAS, THE SAID DIRECTOR OF PLANNING & BUILDING POSTED THE REQUIRED NOTICE OF THE DANGEROUS BUILDING AND PROVIDED A COPY OF SUCH NOTICE TO MS. RUBY DALE (OWNER 5 APRIL 1 999) AND A COPY TO MR. TERRENCE DALE (OWNERS SON 23 APRIL 1 999) THEREOF, AND; WHEREAS, THE DIRECTOR OF PLANNING & BUILDING REPORTED TO THE CITY COUNCIL ON 24 MAY 1999, REGARDING THE DANGEROUS BUILDING; AND THE COUNCIL RECOMMENDED ASKING THE OWNER TO APPEAR BEFORE THE COUNCIL ON 1 4 JUNE 1999, NEXT REGULAR COUNCIL MEETING, AND; WHEREAS, ON 1 4 JUNE 1999 (REGULAR COUNCIL MEETING) MR. TERRENCE DALE (OWNERS SON) APPEARED BEFORE THE COUNCIL REQUESTING TIME TO EXPLAIN TO HIS ELDERLY MOTHER THE CURRENT SITUATION. MR. DALE WAS GIVEN UNTIL THE NEXT REGULAR COUNCIL MEETING OF 28 JUNE 1999, BEFORE ANY ACTION WOULD BE TAKEN, AND; 2335 1 2 JULY 1 999 WHEREAS, ON 28 JUNE 1999 MS. RUBY DALE NOR MR. DALE (SON) WAS NOT PRESENT. THE COUNCIL ACCEPTED THE LOW BID OF S.L.M. LOT CLEARING, DAPHNE, ALABAMA FOR THE TOTAL PRICE OF $ 1 ,875.00, TO DEMOLISH THE STRUCTURE PROVIDED ALL SPECIFICATIONS ARE MET, AND; NOW, THEREFORE, BE IT RESOLVED BY THE Cf1Y COUNCIL OF THE CnY OF FAIRHOPE, ALABAMA HEREBY AUTHORIZE MAYOR NIX TO PROCEED UNDER PROVISIONS OF SECTION 7-92 OF SAID CODE TO INSTITUTE ANY AND ALL LEGAL PROCEEDINGS NECESSARY TO SECURE THE CITY'S RECOVERY OF COSTS INCURRED IN CONNECTION WITH THE PUBLIC NUISANCE ELIMINATED. ADOPTED THIS THE 12TH DAY OF JULY A1999. l - JAM S P. NIX, MAYOR ATTEST: ENIECE W. JOHNSON/CITY CLERK I, GENIECE W. JOHNSON, CITY CLERK, CITY OF FAIRHOPE, CERTIFY THIS TO BE THE TRUE, CORRECT, AND ORIGINAL COPY OF RESOLUTION No. 650-99, DULY ADOPTED BY FAIRHOPE'S CITY COUNCIL IN REGULAR SESSION ON 28 JUNE 1999. GENIECE W. JOHNSON, CITY CLERK DATE COUNCILMEMBER JONES SO MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED BOY SCOUT JASON PRITCHETT, WITH TROOP 47. MR PRITCHETT IS WORKING ON COMMUNICATIONS BADGE AND MERIT BADGE. THERE BEING NO FURTHER BUSINE MEETING WAS DULY ADJOURNED AT 6: 1 4 P.m. 11 "A'. i- ES P. Nix, MAYOR