HomeMy WebLinkAbout07-24-2000 Regular Meeting2511
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. 24 July 2000.
Present were Mayor Pro-Tem Michael A. Ford, Councilmember:
John V. Duck, Debbie W. Quinn, Jeanette Puckett, and William H. Jones;
City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson.
Mavor James P. Nix was absent.
There being a quorum present, Mayor Pro -Temp Ford called the
meeting to order. Councilmember Duck moved to approve minutes of the
10 July 2000, regular meeting. Seconded by Councilmember Jones,
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. 703-00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, that James P. Nix, is hereby authorized to sign an
agreement between the City and O'Donnell & Associates, Inc. to provide
professional geologic services associated with the permitting Well # 8. The total
cost of Task No. 2 - Proposal No. P31 shall be approximately $17,400.00. The
term of this agreement will be a period of two (2) years.
Adopted this 241h Day of July _,2000
'V
Za es�Nix,yor
Attest:
Geniece W. Johnso ity Clerk
2512
24 July 2000
Councilmember Quinn introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember
Puckett, motion passed unanimously.
RESOLUTION NO. 704-000
BE IT RESOLVED that Mayor James P. Nix is hereby authorized to
execute a contract between the CITY and MOORE ENGINEERING
COMPANY to serve as consulting engineers to furnish such services as
needed to establish A 750 GPM WELL, AND OTHER RELATED
FACILITIES - PROJECT NO. 0986-031, (Well # 8) at a fee of 7% design
and 3% supervision. .
Adopted This 24`h Day of Jules, 2000.
es . Nix, Mayor
Attest:
Geniece W. Johnson, ACity Clerk
Councilmember Duck introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Jones,
motion passed unanimously.
2513
24 July 2000
RESOLUTION NO. 705-00
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 pedestrianibike trail along the right-of-
way of U.S. Highway 98 within the City Limits of Fairhope from Middle Street to Fairhope High School
and from Gayfer Avenue to Volanta Park; and,
WHEREAS, this shall be an extension to the first 1.1 mile phase of this project which is under
construction. Along U.S. Highway 98 within the City Limits of the City of Fairhope.
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 2000 Transportation Enhancement funding in the amount
of $200,00.00 for the purpose of constructing a pedestrian walkibike way along the right-of-way of U.S.
Highway 98 within the City Limits of Fairhope, from Middle Street to Fairhope High School and from
Gayfer Avenue to Volanta Park; and,.
Section 2. That the City of Fairhope, Alabama, hereby commits the amount of $50,000.00 (20%)
in local funds for the purpose of constructing the $250,000.00 project.
PASSED, ADOPTED AND APPROVED this_
i
KeRTIM—L is • MR-T, TRIM01'01
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 24th day of July 2000.
Geniece W. Johnson, City Clerk -Treasurer
Date
Councilmember Puckett introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Duck,
motion passed unanimously.
2514
24 July 2000
RESOLUTION NO. 706-00
WHEREAS, a Regular Municipal Election has been called to be held on 22 August
2000, and a Run-off Election, to be held if necessary, on 12 September 2000; and,
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides,
in part, that the Municipal Governing Body, not less than 15 days before the holding of any
Municipal Election; NOW, THEREFORE;
BE IT RESOLVED, by the City Council of the City of Fairhope, Alabama, that the
election Officers for said elections shall be as follow:
Chief Inspector: (1) Vera Culver, 567 Jan Dr
Inspector: (1) Betty L. (Ann) Garner, 652 Bon Secour Street
Chief Clerk: (2) Margaret Turk, 78 Paddock Estates
Registration &
Poll List Clerks: (1)
Martha Rejczyk, 503 Morphy Avenue
(2)
Berna Sanders, 2 Sumac Circle
(3)
Margie Robinson, 100 Berglin St., P.O Box 877
(4)
Jerri McCulley, 213 Fels Avenue
(5)
Ruby Hanson, 165 Laurel Avenue
(6)
Wynde Rivenbark, 54 N. Church St. Apt 20
Clerks Issuing Ballots: (1)
Dianne Blaschak, 405 Jasmine Street
(2)
Lydia L. (Annett) Baas, 20051 Pecan Trace
(3)
Betty Harris, 1 North Grand Boulevard
(4)
Marie Taylor, 5 Sumac Circle
(5)
Annie Holmes, 8 Hoffren Drive
(6)
Emma Taake, 366 Wisteria Street
(7)
Charles Robinson, 455 Ivy Circle
(8)
Marlene Robinson, 455 Ivy Circle
Inactive List: (1)
Helen Dominey, 255 Kirkman Lane
(2)
Louise Dyer, 702 Volanta
Machine Attendants: (1) Gerald Devuyst, 13 Hoffren Drive
(2) William C. Richardson, 703 Olive Avenue
(3) John P. Kenny, 406 Rosa Avenue
2515
24 July 2000
WHEREAS, due to the possibility of accidents, illness, or other unforeseeable
matters, a list of alternates needs to be appointed should one or more of the appointed
Election Officers are not able to serve; THEREFORE
BE IT RESOLVED, that the following alternates are hereby appointed to serve as
Election Officers, for one or both of the above referenced Municipal Elections; with notice
to be given by Chief Inspector Vera Culver as much in advance as possible.
Alternates: (1) Joann L. Dyer, 101 Hoyle Street
(2) Edwina Tait, 101 Berglin Street
(3) Emma (Libby) McCawley, 10 Woodgrove Cr.
BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated
$100.00 for each Election and for each Run-off Election, if necessary, and other Election
Officers shall be compensated $75.000 for each Election, and for each Run-off Election, if
necessary.
ADOPTED THIS 24`h DAY OF JULY , 2000.
Attest:
ar �4
1001
Councilmember Jones introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Quinn,
motion passed unanimously.
2516
24 July 2000
RESOLUTION NO. 707-00
WHEREAS, On -site Absentee Voting has been called to be held on 12 August
2000, and a Run-off Election, to be held if necessary, on 2 September 2000; and,
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, provides,
in part, that the Municipal Governing Body, not less than 15 days before the holding of any
Municipal Election; NOW, THEREFORE;
BE IT RESOLVED, by the City Council of the City of Fairhope, Alabama, that the
election Officers for said elections shall be as follow:
Inspector: (1) Vera Culver, 567 Jan Dr
Chief Clerk: (1) Betty L. (Ann) Garner, 652 Bon Secour Street
First Assistant Clerk: (1) Marlene Robinson, 455 Ivy Circle
Second Assistant: (2) Charles Robinson, 455 Ivy Circle
BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated
$100.00 for each Election and for each Run-off Election, if necessary, and other Election
Officers shall be compensated $75.000 for each Election, and for each Run-off Election, if
necessary.
ADOPTED THIS 24`h DAY OF JULY , 2000.
at
Ja rayor '
Attest:
Geniece W. Johnson, City QWrk
2517
24 July 2000
Council reviewed an application for a Special Retail License by F.
Rutherford Smith Jr., dba Point Clear Tennis & Swim Club Inc., Located at
6832 Marlow Road, Point Clear, Alabama. This location currently has a
Restaurant Liquor License, but the ABC Board recommends a Special Retail
License. Councilmember Duck moved to approve the issuance of the
license. Seconded by Councilmember Jones, motion passed unanimously.
Dr. Teresa Marshall, with Downtown Animal Clinic addressed the City
Council on the public health dangers associated with Ducks and Geese in
the Fairhope Municipal Park aka the Duck Pond. Dr. Marshall stated that the
ducks, geese, and seagulls carry a host of harmful bacteria, parasites and
viruses. Typically, a closed pond situation with a small population of
waterfowl should not present too great of a health risk, but the situation at the
duck pond is not only unsanitary, it is dangerous. Dr. Marshall further stated
that the pond where the ducks reside empties into the bay at the designated
public swimming area. The stream through which the pond empties is a
popular play spot for children. The picnic area and tables around the duck
pond are littered with droppings and feces -soiled feathers. The play area for
children, including the seesaws, are also heavily contaminated. Several
citizens voiced their comments and opinions regarding this issue, but no
solutions where reached. Mayor Pro -Temp expressed that the Council will
take this issue under consideration.
Glenda B. Turner, spokes person for several citizens, addressed the
City Council regarding the Cats and Ducks in the Fairhope Municipal Park
aka the Duck Pond. Ms. Turner protested the removal of approximately
twelve (12) stray cats from the city park, and explained that she and others
are involved in a program to trap, spay, neuter, monitor and feed feral cats in
the Fairhope Park. This program is a continuation of a feeding program that
has been performed by volunteers for the past few years. The cornerstone
of this program has been Dr. Teresa Marshall and the Downtown Animal
Clinic. Dr. Marshall has donated her time and services to test, vaccinate and
neuter the cats that are part of this program. These cats have been dumped
or they may be offspring of local house cats that are not neutered and are left
to run wild. The city has requested trapping and removal of the cats because
of complaints that cats are eating ducks in the park.
2518
24 July 2000
Our research and experience indicates that the removal of the cats will not
solve the problem because these cats are not the primary predators of the
ducks. In fact, we believe our program of neutering, feeding and monitoring
cats help, not harm the duck population. By feeding the cats regularly, we
reduce the need for cats to hunt for food. This is not to say that occasionally
a cat will not kill a bird or duck, but there are several other predators that are
known to kill young ducks. These include snapping turtles, birds of prey,
foxes and stray dogs. In addition, raccoons and possums will eat the eggs if
they get a chance. Humans also poach ducks, geese and eggs. Predators
other than cats are much more likely to be reducing the duck population. I
understand that the city itself was not concerned about these other predators
when the park was first refurbished and the ponds made.
If the cats currently in the park are removed, the city will be removing a
population, which is substantially neutered. The park territory will be filled
shortly with cats from dumping or migration. These cats will not be neutered.
This means more cats. The program volunteers will not be available to feed
the un-neutered cats. Underfed cats are a bigger threat to the duck
population. There will be more suffering for both animal groups. This also
may mean more complaints to the city and a more continual job of cat
trapping. The Animal Control department is one of the most humane and
professional we have seen. It would be a shame to add that burden of
continued cat trapping in the park to their long list of duties. In short, the goal
of having more baby ducks will not be met. Only the unfair removal of feral
cats that can and are being managed humanely will be accomplished.
Some may ask why we can't simply relocate these cats to homes. While
there is some success with socializing feral cats, it is a long and tedious
process. As we know, there are not homes for all the socialized house cats
or dogs. With feral cats being at the bottom of adoption desirability, many
locations throughout the country have adopted the management of feral cats
as an alternative to destroying them when they could not be adopted.
Because we believe that allowing the existing cats to remain in the park will
benefit the ducks as well as the cats, we ask that the City of Fairhope add to
its long list of accomplishments the support of retaining the cats. It would
further enhance an already wonderful place and we respectfully request that
the city consider adopting the following statement of support.
2519
24 July 2000
Resolved: The City of Fairhope supports the management of feral cat
population. All financial support will be from private sources. No city funds
will be used. Those who voluntarily manage the population will follow the
guidelines of the national feral cat management organization, Alley Cat
Allies, adopting them to local needs. These guidelines will include humanely
trapping, neutering, feeding and monitoring the cats. The volunteers will
work in good faith, supplementing, not replacing the good work done by the
City Animal Control Department and the Baldwin County Humane Society.
The city will have no direct responsibility for this program. Rather, it offers a
vote of confidence for this activity for the benefit of its citizens and animals.
Finally, we ask that the city review the health conditions of the ducks and the
ponds that are in the city park. We support ducks in the park. We also
support a healthy park swimming environment for the citizens of Fairhope.
We are concerned that the number of ducks in the small space of the pond is
causing a public health problem, to the extent that our children and other
citizens must swim in or near the area where the ponds run into the bay, we
need to be certain that the water is safe.
Councilmember Puckett stated that the Council could not overlook the city's
dogs and cat leash ordinance. (Ordinance No. 988)
Mayor Pro -Temp Ford and other citizens wanted to know how the volunteers
were able to distinguish the "twelve" (12) cats involved in this program from
other stray cats, and if the City is trapping the cats how are there still "twelve"
cats in the park? Ms. Turner stated that the cats are recognized by the
volunteers, and that four (4) cats are missing.
After several other comments, one resident asked what good is a cat leash
law. We are suppose to be a bird sanctuary.
Councilmember Quinn asked the City Council to authorize her to head up a
committee to come up with a solution to the water problems, and to honor the
request of Ms. Turner to grant the cats temporary stay for three (3) months
while the committee work on a solution.
Councilmember Duck moved to grant Councilmember Quinn's request.
Seconded by Councilmember Jones, motion passed unanimously.
2520
24 July 2000
Rev. Pat Dun addressed the City Council requesting permission to
lease the riparian rights for oyster farming for $1.00 for the entire frontage of
the city's property on Mobile Bay for a period of thirty (30) years. Rev. Dun
stated that State Law allows for the leasing of the riparian rights. Sixty feet
can be used for oyster farming. After discussion Mayor Pro -Temp stated that
the Council will take this issue under advisement.
Councilmember Duck departed 6:51 p.m.
Councilmember Jones moved to deny the request of the American
Heart Walk Association to waive the rental fee for the Fairhope Civic Center
to hold their Seventh Annual American Heart Walk Team Leader Luncheon
on Thursday, 31 August 2000, from 10:00 a.m. - 2:00 p.m. Seconded by
Councilmember Puckett, motion passed unanimously.
Mary Mullins addressed the City Council requesting permission to
block off one block of Bayview Avenue, between Powell and Blakeney, and
block the entire street of Blakeney, on 14 October 2000, from 5:30 - 7:00
p.m. for safety reason during a wedding. Ms. Mullins stated that her wedding
will take place on the Bluff off of Bayview Avenue, between Powell and
Blakeney Street. The guest will walk along the blocked Street to her resident
at 350 North Summit Street. All guest will park in the Civic Center parking
lot, no parking will be allowed along the blocked street. Councilmember
Puckett moved to grant the request. Seconded by Councilmember Jones,
motion passed unanimously.
Councilmember Duck returned 6:56 p.m.
Isabel Jackson with Eastern Shore Art Center, addressed the City
Council requesting permission to use the streets for their Annual Outdoor Art
Show, on March 16, 17, & 18, 2001. Ms. Jackson also requested permission
to block a quarter (1/4) more of Section Street past Equality Street. This is
where their arch will be erected, separating the Art Association Show from
the Chamber of Commerce Show. Councilmember Jones moved to grant
the request. Seconded by Councilmember Duck, motion passed
unanimously.
2521
24 July 2000
Eric Dyas President of Citizens' Watch Foundation, Inc. addressed the
City Council on obtaining public records from the City Clerk. Mr. Dyas spent
several minutes reading a statement addressed to Mayor James P. Nix. Mr.
Dyas requested all documents relating to miscellaneous receipt # 9916795
issued on 2 November 1999, to Leonard O. Turner, 18923 Scenic Highway
98, P. O. Box 107, Point Clear, Alabama 36564, and pertaining to a sewer
assessment and sewer tap located outside Fairhope City limits. Mr. Dyas
further expressed that if he did not obtaining the records by 10:00 a.m. on 25
July 2000 that he would send a letter to the Alabama Ethics Commission,
and the Attorney General Office to see what could be done. The City Clerk,
Geniece W. Johnson explained to Mr. Dyas that he was welcome to a copy
of a document provided to her by Cecil Pitman, and that she would be out of
the office on Tuesday, and Wednesday 25 & 26 July 2000, but a copy of the
document would be available for pick up on 25 July 2000 morning. Mayor
Pro -Temp further explained that Fifty Thousand Dollars ($50,000.00) was
paid by Mr. Pitman on a project that never developed. Mr. Pitman was never
refunded the Fifty Thousand Dollars ($50,000.00); therefore, when Mr.
Pitman's Son-in-law and daughter decided to build on the property at 18923
Scenic Highway 98, Two Thousand Dollars ($2,000.00) of the original Fifty
Thousand Dollars ($50,000.00) was used for the sewer tapping fee. James
Gillespie explained that in order to generate a work order for a sewer tap an
amount must be entered. This is why receipt # 9916795 is for two cents
(.02), and the verbiage of sewer assessment was placed on the receipt in
error.
Jack Stipes made several remarks, and Wayne Kahlbau was allowed
to take the floor. After a lengthy discussion, the City Attorney Marion E.
Wynne, stated that some public records request are completed within
minutes and others take some research. Mr. Wynne also asked the Mayor
Pro -Temp to continue with the printed agenda. This lengthy discussion did
not require any action of the City Council.
Councilmember Duck moved to approve the charge -off of 1996-1997
uncollectible utility accounts. These accounts total $37,184.43. Seconded
by Councilmember Jones, motion passed unanimously.
2522
24 July 2000
Councilmember Duck moved to Update the Fairhope Police
Department Reserve Officer Unit by adding: Francis M. Fleming, Olivia P.
Payne, and Malcolm R. Watts, and by Deleting: Randy Smith (decease).
Seconded by Councilmember Quinn, motion passed unanimously.
Identification: "POLES -FOUNDER'S PARK"
Bids to be opened on: July 18, 2000
at:2:00 p.m.
(Eighteen (18) Concrete Poles - Founder's Park)
BALDWIN LIGHTING, INC., Bay Minette, AL
$31,112.00
STYLE: Dedecagonal Concrete
30-Days
BROWN WOOD, Pensacola, FL
NO BID No access to concrete poles.
THOMASSON LUMBER CO., Philadelphia, MS
NO RESPONSE
LAMAR TREATED MATERIAL, Hattiesburg, MS
NO RESPONSE
BROWN WOOD PRESERVING, Pensacola, FL
NO RESPONSE
STALLWORTH TIMBER, Beatrice, AL
NO RESPONSE
HUGHES ELECTRICAL SUPPLY, Dothan, AL
NO RESPONSE
It is recommended to accept the low bid of BALDWIN LIGHTING, INC., Bay Minette, AL for the total price of $31,112.00 with
all specifications being met.
Aaron Norris,
Electrical Supt.
Wayne Smith,
Purchasing Agent
Councilmember Puckett moved to accept the low bid of Baldwin
Lighting, Inc., Bay Minette, Alabama, provided all specifications are met.
Seconded by Councilmember Duck, motion passed unanimously.
Dean Mosher addressed the City Council requesting copies of
documents that were submitted to the City Clerk seven months ago, and still
had not received them. Mrs. Johnson explained to Mr. Mosher that the
request was addressed to her in error, and that the request was forwarded to
the Director of the James P. Nix Center (Nancy Pleasnarski). The current
Director Sherry Sullivan explained to Mr. Mosher that she and her staff was
working on fulfilling this request and that she will deliver copies of the
documents to Mrs. Johnson this week.
After various other discussions, the meeting was duly adjourned at 7:40 p.m.
c
Micha A. Ford, Mayor ro-Temp
ZMA
Geniece W. Johnson, Co Clerk