HomeMy WebLinkAbout09-12-2001 Regular Meeting2734
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
Wednesday, 12 September 2001.
Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle,
Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City
Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent.
There being a quorum present, Mayor Kant called the meeting to order.
Mayor Kant asked for a moment of silence for the victims of the horrific attack on
America that took place Tuesday, 11 September 2001. Councilmember Christenberry
gave the invocation. The Pledge of Allegiance was recited. Councilmember Gentle
moved to approve minutes of the 27 August 2001, regular meeting. Seconded by
Councilmember Christenberry, motion passed unanimously.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 557. Councilmember Anders introduced in writing
Ordinance No. 1133. An ordinance to amend Ordinance No. 1079, by amending the
PUD of Southland Place. The property is located East of Greeno Road, South of
Fairhope High School on the South side of Manly Road. The Planning & Zoning
Commission recommended approval of this ordinance. No one present was opposed
to the amendment. After discussion, in order to take immediate action
Councilmember Quinn moved for immediate consideration. Seconded by
Councilmember Christenberry, motion for immediate consideration passed
unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and
Christenberry. NAY -none. Councilmember Ford moved for final adoption of
Ordinance No. 1133. Seconded by Councilmember Anders, motion for final adoption
passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant,
Anders, and Christenberry. NAY -none.
The City Council received a request from Mr. Carlton and Randy Niemeyer to
Un-table a request to zone Shirley Ann Bosby's property from R1 Single Family
Residential to B4-Business and Professional District, located at 19625 South Greeno
Road. (Came before the City Council September 11, 2000, Introduced, and came
before the City Council September 25, 2000. It was tabled until the new
Comprehensive Plan was approved). Mayor Kant explained that there is a committee
currently looking into all the property along Greeno Road. Councilmember Anders
moved to un-table the request. The motion died for lack of a second.
Councilmember Gentle moved to leave the request tabled until the Planning and
Zoning get their Sub -committee's report on the Greeno Road properties. This request
will be brought up again at the first meeting in January 2002. Seconded by
Councilmember Quinn, motion passed by the following votes: AYE -Gentle, Ford,
Quinn, Kant, Anders, and Christenberry. NAY -none.
2735
12 September 2001
The City Council discussed naming an unnamed Public Alleyway running
behind the Elks Club from Pecan Street and Laurel Street. The proposed name is
Plum Lane. Dot Yeager and Mary Ann Rudroff addressed the City Council objecting
to naming the Alleyway Plum Lane. After discussion, Mayor Kant explained that
there is a City ordinance that places the naming of streets a legislative function of the
City, and property owners have no vested rights in street names. Mayor Kant
requested permission from the City Council to allow the property owners along with
Christopher Baker to come up with a name for the Alleyway and bring the name(s)
before the City Council. Councilmember Gentle moved to grant the Mayor's request.
Seconded by Councilmember Quinn, motion passed unanimously.
Emily Severson with Daphne Ecological Services Field Office addressed the
City Council seeking approval to place Alabama Coastal Birding Trail Sign (ACBT)
at the Fairhope Municipal Pier (Site # 23) and Beach. There will be five directional
signs placed within the Right -of -Way along highways and other roadways within the
City. In addition, one Wilderness Graphics interpretive sign and one Site ID sign will
be placed near the pier. The following table indicates sign placement and size:
ACBT Site Number
ACBT Sign Location
ACBT Sign and Size
Site 23 — Fairhope Pier
South Mobile St. between Fig St. and Orange St.
I Directional sign including 15: circle logo, 18" X 9"
rectangle arrow and 18" X 9" rectangle site #
Site 23 — Fairhope Pier
US 98 and Fairhope Ave. East & West bound
2 Directional signs including: 30" circle logo, 24"X 12"
rectangle arrow and 24" X 12" rectangle site #
Site 23 - Fairhope Pier
The Pier
1 Site ID 48" X 36" rectangle
Site 23 — Fairho a Pier
The Pier
1 Wilderness Graphics interpretive sign 2' X 3'
Directing to Site 24
North Section Street
1 Directional signs including: 30" circle logo, same as
above
Directing to Site 24
US 98 and Highway 104 junction
1 Directional signs including: 30" circle logo same as
above.
The placement of the signs will be at no cost to the City; however, the City
will be responsible for periodic maintenance. The City Council expressed concerns
as to if these signs complied with the City's sign ordinance. Mr. Baker stated that
directional signs needed Council approval. Councilmember Ford expressed concerns
with the size of the signs. Ms. Severson stated that the size of the signs could be
compromised. After further discussion, Councilmember Gentle moved that Ms.
Severson work with Jennifer Fidler, Public Works Director, on the details. Seconded
by Councilmember Quinn. Councilmember Ford asked that the motion be amended
to allow the completed details to come back before the City Council for final
approval. Councilmember Gentle amended his motion to include Councilmember
Ford's request. Seconded by Councilmember Quinn, motion passed unanimously.
2736
12 September 2001
Nancy Raia and Patti Miller with "Forty for FEEF" addressed the City
Council requesting permission to use the Picnic Pavilion at the Fairhope Municipal
Beach for the weekend of October 5, 6, & 7, 2001, for a fund-raising event. This
fund-raising event will require a group of four women artist to work a total of at least
40 hours, including sleeping over on the Municipal Beach. Councilmember Anders
explained that the pavilion is not reserved by the City. The Pavilion is used on a first
come first serve basis. Councilmember Anders moved to approve the request
excluding reserving the pavilion, provided that the fund-raising event did not conflict
with an already scheduled British Car Show on Saturday, 6 October 2001, and
provided that the Police Department approve having a sleep over at the Municipal
Beach. Seconded by Councilmember Quinn, motion passed unanimously.
Councilmember Ford moved to grant the request of Mark Costlow, owner of
the Honeybaked Ham Co. & Cafe, requesting permission to park a 38-48 foot
refrigerated trailer in the parking area on Bancroft Street at the Recycling Center on
or about November 12, 2001, and to be removed on or about December 28, 2001.
The trailer will be used to store meat and other refrigerated and frozen products used
by their store during the Thanksgiving and Christmas Holidays. Mr. Costlow must
work with Aaron Norris, Electric Superintendent, on providing electrical services and
the cost of the electrical services. Seconded by Councilmember Gentle, motion
passed unanimously.
Councilmember Ford addressed the City Council requesting and moved to
authorize the transfer of $20,000.00 from the Recreation Improvement Fund to the
Recreation Operating Fund to cover expenses of the new restrooms, and meeting
room above the press box. Seconded by Councilmember Gentle, motion passed
unanimously.
Charlie Langham, Recreation Board Chair Person, addressed the City Council
recommending the Field at the Volanta Ball Park be named W. C. Majors. Mr.
Majors was a coach at Fairhope High School. Mr. Langham stated that six years ago
the Recreation Board requested naming the Fairhope Municipal Stadium and the
request was denied. Hop Allen and others expressed that Coach Majors should be
honored, and was the force behind volunteers in building the Fairhope Municipal
Stadium.
Councilmember Quinn moved to turn this request down and work on policies
and guidelines for the Community to nominate people for the naming of building or
areas if the Council should decide to do so. Councilmember Quinn felt that this
would start a snowball affect. Seconded by Councilmember Gentle. The motion did
not pass by the following votes: AYE -Gentle, and Quinn. NAY -Ford, Kant, Anders,
and Christenberry. Mayor Kant entertained another motion. Councilmember Ford
expressed that he would have a problem with changing the Stadium name of Fairhope
Municipal Stadium, but he did not have a problem with naming the Field.
2737
12 September 2001
After further discussion, Councilmember Anders moved to approve the
recommendation of the Recreation Board by naming the football field at Volant Ball
Park W. C. Majors Field. Seconded by Councilmember Ford. The motion passed by
the following votes: AYE -Ford, Kant, Anders, and Christenberry. NAY -Gentle, and
Quinn.
Councilmember Quinn stated that she would compromise with naming the
Press Box after W. C. Majors. Councilmember Gentle expressed that we are setting a
precedent with naming things, and that the Council should seriously consider putting
a policy in place.
Councilmember Ford moved to approve the purchase of a One-half Ton Truck
from the State Bid List for the Building Department in the amount of $7,600.00.
Seconded by Councilmember Gentle, motion passed unanimously.
Identification: "TRIM RIGHT OF WAY"
Bids to be opened on: September 5.2001
At: 11:00 a.m. Bid length: one (1) year.
The City ofFairhope to secure one (1) truck and crew of two (2) to trim brush, limbs, and trees from city right-of-way
VENDOR:
PRICE:
START WORK WITHIN.
ASPLUNDH TREE EXPERT CO., Siginaw, AL
Labor: $34.00 per hr.
Equipment: $16.29 per hr.
10-Days
SPOTSWOOD'S TREE SERVICE
Spanish Fort, AL
Labor: $36.00 per hr.
Equipment: $16.60 per hr.
TREES UNLIMITED
Cave Springs, GA
Labor: $30.00 per hr. Overtime Rate:
$45.00 per hr.
Equipment: $26.87 per hr.
DAVEY TREE EXPERT CO., Kent, OH
NO BID
BID JOHN'S TREE SERVICE, Fairhope, AL
NO RESPONSE
H & H TREE SERVICE (SEELBACK & CO.), Gadsden, AL
NO RESPONSE
It is advised to accept the bid of ASPLUNDH TREE EXPERT CO. with all specifications being met.
Aaron Norris,
Electrical Dept. Supt.
Wayne Smith,
Purchasing Agent
• Each vendor was called prior to bid being released.
• H & H Tree Service stated they would bid, but no bid was ever received.
• Big John's Tree Service was contacted. Person answering phone was not sure if they would bid. No other contacts
were made. No bid was received.
• Spotswood Tree Service asked if they could get a 3% bid preference since he was in Baldwin County. I told Jonathan
Spotswood that isn't possible. That the Attorney General has ruled that the business must maintain an office or
facilities within the cooperate city limits of the municipality to be legible to receive a 3% bid preference.
• Davey Tree Service — Sent letter stating they wish to decline to bid at this time.
• Asplundh Tree Expert Co. is presently clearing right of way for the city.
Wayne Smith,
Purchasing Agent
2738
12 September 2001
Councilmember Gentle moved to accept the low bid of Asplundh Tree Expert
Co., Singinaw, Alabama, provided all specifications are met. Seconded by
Councilmember Ford, motion passed unanimously.
Mayor Kant asked at all businesses and individuals fly their American Flags
in honor of the victims that lost their lives during the terrorist attack on Tuesday, 11
September 2001, and support our Country.
Mayor Kant called on the City Attorney, Marion E. Wynne, to address a
recent article reported in the local newspaper that the City Council broke the
Sunshine Law. Mr. Wynne reported that the City Council did not break the Sunshine
Law. The City Council was called into Executive Session from 27 August 2001,
Work Session to discuss W. C. Majors. The City Council may go into Executive
Session to discuss an individual's good name and character. The Alabama Code does
not state nor does the Code require that the individual being discussed in an Executive
Session be alive. Mr. Wynne further expressed that the newspaper does not make the
law and does not determine who has or has not broken the Sunshine Law.
Councilmember Ford also set the record straight on the purchase price of the
Nut Processing Building, and the Lease Agreement Term for Theater 98.
Councilmember Ford moved to hear Councilmember Gentle's
recommendations on naming things. Seconded by Councilmember Quinn, motion
passed unanimously.
Councilmember Gentle addressed the City Council expressing that it is
prudent to appoint a committee to look into a policy on naming things. Mayor Kant
stated that he would look into this recommendation and get back to the City Council
at a later date.
Willie Williams addressed the City Council inquiring on the status of a letter
guaranteeing the grant monies for the placement of sewer in the Twin Beech and
Point Clear area at no charge to the residents in this area. Mr. Williams also wanted
to know when the City Council would pass a resolution authorizing Mayor Timothy
M. Kant to take the necessary steps to cause a referendum to take place for the
annexation of Twin Beech and Point Clear Communities. Mayor Kant stated that he
would like to see a sewer system in the Kirkman Lane area first. No action was taken
by the City Council.
Councilmember Ford moved to hear Rev. Pat Dunn's request. Seconded by
Councilmember Christenberry, motion passed unanimously.
2739
12 September 2001
Rev. Dunn distributed a letter from Dr. Lewis A. Byrd, Director of Seafood
Quality Assurance, dated 27 August 2001. Dr. Byrd's letter is addressed to Mr. Mark
Van Hoose, Alabama Department of Conservation Marine Resources Division. Dr.
Byrd writes that the Alabama Department of Public Health does not support the
planting of oysters in restricted, unclassified, or prohibited waters. These
classifications are based on the requirements of the U.S. Food and Drug
Administration. Adequate patrol would be required to make sure that oysters are not
harvested for human consumption. We feel this is creating a potential public health
hazard since oysters are filter feeders and may be consumed raw. Rev. Dunn
requested the Mayor and Council to consider asking the Chief of Police to offer help
in patrolling net fishing. The Officers would be required to patrol 1 %2 mile into the
Mobile Bay.
Chief Anderson expressed that an ordinance would have to be passed by the
Governing Body authorizing the Fairhope Police Department to patrol the Mobile
Bay, and his department would need additional personnel and equipment.
Mayor Kant has already assigned the request of oyster bedding to the
Environmental Committee. Councilmember Quinn moved to have the Environmental
Committee work with Chief Anderson on this request and report back to the City
Council. Seconded by Councilmember Anders, motion passed unanimously.
Councilmember Ford moved to pay bills as presented. Seconded by
Councilmember Gentle, motion passed unanimously.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:56 p.m.
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