HomeMy WebLinkAbout12-22-2003 Regular MeetingSTATE OF ALABAMA X 3238
COUNTY OF BALDWIN X
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, 22 December 2003.
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/Treasurer Geniece W. Johnson. No one
was absent.
There being a quorum present, Mayor Kant called the meeting to order. The
Pledge of Allegiance was recited, and Councilmember Cecil Christenberry, gave the
invocation. Councilmember Quinn moved to approve minutes of the 4 December
2003, regular meeting. Seconded by Councilmember Gentle, motion passed
unanimously.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to execute an application in
the amount of $143,544.00 for airport improvement funding assistance from the State
of Alabama Department of Transportation, for the purpose of undertaking a project to
make improvements at the H. L. "Sonny" Callahan Airport. Seconded by
Councilmember Gentle, motion passed unanimously.
22 December 2003
RESOLUTION NO: 1000-03
BE IT RESOLVED, by the City of Fairhope as follows:
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1. That the City of Fairhope is authorized to make an application in the amount of one
hundred forty-three thousand, five hundred forty-four dollars ($143,544.00) for
airport improvement funding assistance from the State of Alabama Department of
Transportation, for the purpose of undertaking a project to make improvements at the
H. L. "Sonny" Callahan Airport.
2. That the application be submitted for and on behalf of the City of Fairhope by its
Mayor who is authorized by this resolution to sign the application and any related
forms or documents on behalf of the City of Fairhope.
3. That the City of Fairhope is authorized to enter into an airport improvement funding
agreement with the State of Alabama, acting by and through the Alabama
Department of Transportation, for the purpose of undertaking a project to make
improvements at the H. L. "Sonny" Callahan Airport, with partial funding provided
by the State of Alabama.
4. That the agreement be executed in the name of the City of Fairhope for and on behalf
of the City of Fairhope by its Mayor.
5. That the agreement be attested by the Operations Manager and the seal of the City of
Fairhope affixed thereto.
6. That the authority of the City of Fairhope to enter into contracts with the State of
Alabama has been reviewed by the City of Fairhope's attorney, and in his/her
opinion, the City of Fairhope is duly authorized to commit the City of Fairhope to an
agreement with the Alabama Department of Transportation.
BE IT FURTHER RESOLVED, that the City of Fairhope hereby affirms that the local
matching share of funds in the amount of one hundred forth -three thousand, five hundred
forty-four dollars ($143,544.00) required for this agreement has been officially approved,
placed into the budget of the airport and is available for expenditure upon execution of the
State of Alabama's funding agreement and the start of the project.
I, the undersigned qualified and acting as the Mayor of Fairhope, do hereby certify that the
above and foregoing is a true copy of a resolution lawfully passed and ado�ted by the City of
Fairhope named therein, at a regular meeting of such body held on the 22" day of December,
2003, and that such resolution is on file in the office of the City of Fairhope.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Fairhope on this 22"d day of December, 2003.
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(IN%
Ti y M. Ant, M yor
ATTEST:
Geniece W. Johnson, City er reasurer
22 December 2003 3240
Councilmember Anders introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute an
amendment to the Natural Gas Purchase and Sales Agreement dated April 1, 2002
between the City of Fairhope and Prior Energy Corporation. Seconded by
Councilmember Gentle, motion passed unanimously.
RESOLUTION NO: 1001-03
WHEREAS, this Amendment, dated November 1, 2003, is entered into by the City of
Fairhope, Alabama, an Alabama Municipal Corporation and Prior Energy
Corporation, A Delaware Corporation; and,
WHEREAS, the City of Fairhope and Prior Energy entered into a "Natural Gas
Purchase and Sale Agreement" dated April 1, 2002 and such Agreement remains in
effect; and,
WHEREAS, the City of Fairhope and Prior Energy desire to modify the pricing
provisions under the Agreement as provided herein; and,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant, is hereby authorized to
execute an amendment to the Natural Gas Purchase and Sales Agreement dated April
1, 2002, between the City of Fairhope and Prior Energy Corporation.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing an appropriation of $30,000.00 to the
Fairhope Rotary Boys and Girls Club. Seconded by Councilmember Gentle, motion
passed unanimously.
22 December 2003 3241
City Council reviewed an application for a Beer/Wine Off -Premises License
by Joni DeRome, dba J & L Shell, located at 821 South Mobile Street, Fairhope,
Alabama. Councilmember Gentle moved to approve the issuance of the license.
Seconded by Councilmember Quinn, motion passed unanimously.
City Council reviewed an application for a Beer/Wine On/Off-Premises
License by David Powell, dba Bruno's Supermarkets, located at 100 Plantation Point
Drive, Fairhope, Alabama. Councilmember Gentle moved to approve the issuance of
the license. Seconded by Councilmember Quinn, motion passed unanimously.
Erik Cortinas with City of Fairhope Building Department addressed the City
Council reporting that the City of Fairhope have been fortunate to work with many
contractors who make every effort to build a quality home and business, and strive to
meet all of the applicable construction codes and ordinances. However there are
those who also make every effort to cut corners. Mr. Cortinas stated that he had
received correspondence from citizens regarding two such contractors, Brian Forrest
(Forrest Remodeling and Design) and Derek Williams (Derek O. Williams
Homebuilders). At this time Mr. Cortinas request that these two contractor's licenses
be revoked.
City Attorney Marion E. (Tut) Wynne addressed the City Council explaining that the
power to revoke or deny renewal of any business licenses is found in City Code
Section 8-25. Mr. Wynne explained that the City Council should authorize the
issuance of a notice of proposed revocation for two business licenses, and to set a date
for a public hearing. Mr. Wynne also recommended that Mr. Cortinas see the City of
Fairhope's Court Magistrate Sandy Kelly to put this concern in the form of a case with
the city court. Councilmember Anders moved to authorize the issuance of a notice of
proposed revocation for two business licenses, and to set a date for a public hearing of
January 26, 2004. Seconded by Councilmember Gentle, motion passed unanimously.
Councilmember Quinn reported on the request by Jeff Pollock requesting
permission to use the Fairhope Municipal Pier for the Pelican Point Triathlon, to be
held Saturday June 19, 2004. (On November 24, 2003 agenda) Councilmember Quinn reported
that the race would begin at 7:00 a.m. and the racers would be out of the downtown
area by 8:30 a.m. The pier would never be closed and the North end of the beach
would be closed. Thirteen intersections would be used and the trailblazers would
help work these intersections. The streets will not be closed. Councilmember Quinn
recommended that the City of Fairhope try it, see if there are any problems and have a
meeting following the race to see if there were any problems. Councilmember Quinn
moved to grant the request and that Mr. Pollock work closely with the Police
Department, and Trailblazers. Seconded by Councilmember Christenberry.
22 December 2003 3242
Councilmember Anders and Councilmember Ford expressed concerns about charging
at the Municipal Pier. This is the time that the City is charging to go to the beach area.
Councilmember Ford was concerned that not charging would set a precedence.
Councilmember Quinn assumed that the City would not charge, but the Police
Department will be paid for overtime, and the race will be over by 10:00 a.m.
followed by an awards ceremony that should be over by 11:30 a.m., and all
participates would be encouraged to park at the South end of the beach.
Councilmember Ford also expressed concerns regarding last year's race that was held
at Mullet Point. Assistant Police Chief stated that the Sheriff Department would not
help with this event because it was believed to be a profitable organization.
Mayor Kant stated that the run would be on the sidewalks not on the streets, liability
insurance must be obtained covering everybody involved with the race including the
volunteers, the Police Department will be paid for overtime, and Public Works will be
paid for cleanup. Mayor Kant was concern about closing the beach area since this
will be the 1 st time that this has been done, but feels that everything could be worked
out. The motion to grant this request passed unanimously.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:05 p.m.