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Home My WebLink About05-08-2000 Regular Meeting2473 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; 161 North Section Street, Fairhope, Alabama 36532; on Monday. 08 May 2000. Present were Mayor James P. Nix; Councilmembers: John V. Duck, Michael A. Ford, Debbie W. Quinn, and Jeanette Puckett; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. Councilmember William H. Jones was absent. There being a quorum present, Mayor Nix called the meeting to order. Councilmember Duck moved to approve minutes of the 24 April 2000, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Puckett, motion passed unanimously. RESOLUTION NO. 695-00 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT James P. Nix, is hereby authorized to sign an Cooperative Agreement between the City of Fairhope and Alabama Department of Environmental Management to provide for construction of a boat sewage pumpout station at Fly Creek. WHEREAS, the Department agrees to reimburse the Contractor an amount not to exceed $12,000.00 for the services performed under the Agreement, and; WHEREAS, all work performed under this Agreement shall begin on the date on which this Agreement is executed, and shall terminate on December 31, 2000. DULY ADOPTED THIS 08`h DAY OF May , 2000. JJ �ayor, Attest Geniece W. Johnson, C' *Clerk 2474 08 May 2000 Councilmember Puckett introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Duck, motion passed unanimously. RESOLUTION NO. 696-00 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT James P. Nix, is hereby authorized to extend the Lease Agreement between the City and University of South Alabama, at 10 North Summit Street. This Lease Agreement shall end June 1, 2010. DULY ADOPTED THIS 08`" DAY OF May , 2000. es P. Nix, Mayor jr a Geniece W. Johnson, Cit Clerk Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. 08 May 2000 Resolution No. 697-00 2475 WHEREAS, the Owners of Pioneer Trace desire to have the water lines installed on rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama as Slide S2002-C accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the Water and Sewer Superintendent of the City of Fairhope, Alabama represents that the public improvements in Pioneer Trace have been installed in substantial conformity with City requirements, and; WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible for the maintenance of public improvements other than the water line; and WHEREAS, the City of Fairhope, Alabama has received from the owners of Pioneer Trace a maintenance bond for the water line 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 water line for Pioneer Trace is hereby accepted for public maintenance subject to the bond posted. Adopted, this 08`h day of May2000 v �4p . Nix, Mayor Attest: Geniece W. Johnson, CW Clerk 2476 08 May 2000 Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 698-00 WHEREAS, the City of Fairhope communications system needs to be designed to feet the following goals and objectives: 1. To provide Global ISDN 24 Channel service that has Voice for 20 channels and bonded data for 4 channels. 2. To provide local dial tone to be distributed to the Electrical Department and City Hall 3. To update the software for the PBX to handle the added capacity. 4. To provide a data connection so that the City can connect the computer network to the ISDN data circuit. 5. All installation will be handled by TELECOM for the Voice part, and the City of Fairhope will install the data part. 6. To provide a system that will connect to City Hall from the Electrical Department via multimode fiber for the voice part. 7. The software will support a virtual network within the ISDN & Centrex environment that will enable dialing extensions without using the ISDN outside trunks. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT James P. Nix, is hereby authorized to sign a lease Purchase agreement between the City and Gulf Coast Telecom. The Total cost shall be $477.56 per month for 60 months with a $1.00 option to purchase at the end of the lease. DULY ADOPTED THIS 08`h DAY OF May , 20P0 ' r� _ s K'r /7a kes-F"Nix, Mayor Attest Geniece W. I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby certify that the attached is a true and correct copy of Resolution No. 698-00 passed and approved by the City Council of the City of Fairhope, Alabama, on the 08th day of may, 2000. Geniece W. Johnson, City Clerk Date 2477 08 May 2000 Council reviewed an application for a Restaurant Liquor License by Gilbert R. Gambino, dba Gambino's Down the Road, Located at 805 South Mobile Street. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Puckett, motion passed unanimously. Councilmember Quinn moved to grant the request of Terry Abeln - Daphne Middle School Representative - requesting permission to have two food vendors to participate in the 5th Annual Cardboard Boat Race to be held at the Fairhope Municipal Pier Park and beach area on 13 May 2000, at 10:00 a.m. Seconded by Councilmember Duck, motion passed unanimously. Ruth Allbritton addressed the City Council - requesting a 4-way stop at Magnolia Avenue and Church Street. Mayor Nix referred this request to the Street Committee, where Councilmember Jones is the Chairman. The Committee will report back to the City Council at the next regular meeting. Hop Allen expressed that a 4-way stop at this intersection would hamper traffic. George L. Rush a resident of Shadow Wood Apartments addressed the City Council requesting that the new Police Station and Jail be relocated. Mr. Rush stated that he did not know about the plans to build the new Police Station and Jail until last weekend when reporters started interviewing residents of Shadow Wood Apartments about a large oak tree that will have to be removed. The new facility will be built next to City Hall in the old Regions Bank building. Mayor stated that this has been in the works for several months, and at this time the City does not have any other property to build the new facility. Mayor Nix further stated that the architects are currently working on trying to find a better way to place the jail on the lot to save the large oak tree, and that Mr. Rush's comments will be taken into consideration. 2478 08 May 2000 Councilmember Ford addressed the City Council requesting and moved to amend the budget, to transfer a total of $25,000.00 from the three proprietary funds (1/3 from Electric, Gas, and Water/Sewer) to help with the payroll expenses of the Recreation Department. Seconded by Councilmember Puckett, motion passed unanimously. Councilmember Duck moved to reschedule the next two regular Council Meeting: Change from Monday, May 22nd to Monday, May 15th Change from Monday, June 12th to Monday, June 05th Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Duck moved to pay bills as presented. Seconded by Councilmember Quinn, motion passed unanimously. Mayor Nix called on Caine O'rear with Hand Arendall, LLC Lawyers to speak on the Territorial Lawsuit between the City of Fairhope and the City of Foley (Riviera Utilities) and Baldwin EMC. Mr. O'rear explained that since several inaccurate, misleading, and misinformed newspaper ads, flyers, telephone solicitations, television ads, and radio ads have been released regarding this case, the Council felt it necessary to set the record straight. The inaccurate information is being released by the Citizen's Watch Foundation. A Foundation formed by Eric Dyas. The Dyas Family currently have a lawsuit filed against the City. There are approximately 36 cities that own their own electric service. These cities have decided to fight State Legislation that prohibits municipalities from serving electric customers outside their city limits. The City of Fairhope has not ignored the Territorial Act, but have vigorously fought since 1996 against the 1985 Act. The Territorial Act was declared unconstitutional three times in 1984; however, in 1999 the Supreme Court ruled the Act Constitutional. 2479 08 May 2000 The City of Fairhope has a lawsuit pending in Baldwin County that a 1953 contract between the City of Fairhope and the City of Foley (Riviera Utilities) supersedes the State Legislation. In the 1953 contract the City of Fairhope agreed not to serve customers outside the city limits, and the City of Foley (Riviera Utilities) agreed not to serve customers inside the city limits. In the past the City of Fairhope has purchased those annexed customers from the City of Foley (Riviera Utilities). The City of Foley (Riviera Utilities) claims that the City of Fairhope is serving approximately 670 customers that should be serviced by the City of Foley (Riviera Utilities), and that the City of Fairhope owe the City of Foley (Riviera Utilities) Twenty-five percent (25 %) of the revenue received from the 670 customers. The worse that could happen if the City of Fairhope lose these customers is a franchise tax would be granted for the use of Fairhope's lines. Mr. O'rear further stated that he has advised the city leaders not to discuss this case because it is in litigation, and it is not appropriate for the Council to try this case in the media. The city leaders should not comment until the City of Foley's (Riviera Utilities), and Baldwin EMC's lawsuits against the City of Fairhope are settled in Baldwin County Circuit Court. Old Business: Jack Stipes addressed the City Council to speak of freedom, and to inquired about the total expense of the city's Japan trip to participate in the Nations in Bloom competition. Mr Stipes was assured that once this information was available he would be notified. Students of the Bay Community Church addressed the City Council requesting to use the pavilion at the Municipal Pier on Wednesday, 17 May 2000, to hold youth service. There will be a live band and a guest speaker. The band will be playing from 6:30 p.m. to 9:30 p.m. Mayor stated that a letter has been mailed addressing this matter. The pavilion can be used on a first come -first serve basis as we do not reserve it for anyone, and keep in mind that loud music is not allow if it disturbs any of the park participants or residents up on the bluff. However the Bay Community Church is welcomed to use the area. 2480 08 May 2000 There being no further business to come before the City Council the meeting was duly adjourned at 6:11 p.m. JA -Jam P. Nix, Mayor I. Geniece W. Johnso , ity Clerk