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HomeMy WebLinkAbout07-26-2004 Regular Meeting3361 STATE OF ALABAMA X 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, 26 Jules. 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 Brother Scott Davis with Grace Anglican Church, gave the invocation. Councilmember Gentle moved to approve minutes of the 26 July 2004, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Ford introduced in writing, an ordinance amending the Tree Ordinance No. 1193, this ordinance will be considered for final adoption at the next regular meeting. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to revise and update the CDBG Citizen Participation Plan. Seconded by Councilmember Gentle, motion passed unanimously. E3 3362 26 July 2004 RESOLUTION NO. 1043 CITY OF FAIRHOPE CITIZEN PARTICIPATION RESOLUTION WHEREAS, the Local Government is eligible to apply for and receive grant funds under the Community Development Block Grant program as made available under Title 1 of the Housing and Community Development Act of 1974 (the Act), as amended, as administered by the U.S. Department of Housing and Urban Development and the Alabama Department of Economic and Community Affairs, and; WHEREAS, all local governments who desire to apply for and receive grant funds for eligible activities and required to develop, adopt, and follow a "Citizen Participation Plan' (Plan) that meets all of the requirements of the Act and adopted policies of the Alabama Department of Economic and Community affairs, and; WHEREAS, previously adopted "Citizen Participation Plans" may not fully comply with current requirements and policies, and simply need to be updated and clarify certain matters, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: SECTION 1. That all previously adopted "Citizen Participation Plan," adopted to comply with requirements of the Housing and Community Development Act of 1974, as amended, are hereby rescinded. SECTION 2. That the Elected Officials of the City of Fairhope, Alabama hereby adopt the attached revised "Citizen Participation Plan' that conforms to current requirements of the Housing and Community Development Act of 1974, as amended, and policies of the Alabama Department of Economic and Community Affairs. SECTION 3. That Geniece W. Johnson, in her capacity as City Clerk, is designated as the Citizen Participation Coordinator. SECTION 4. That said "Plan' remain in force and effect for all activities conducted under programs and projects made available by provisions of the Act until such time said "Plan' may be caused to be rescinded, revised, or amended. Passed, Adopted, and Approved this 26`s day of July , 2004. c QiMAY M. K nt, M yor Attest: Geniece W. Johnson, City 3363 26 July 2004 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an application to ADECA for a CDBG under the Community Enhancement Fund for the amount of $250,000.00 for the purpose of constructing an addition to the Fairhope Boys and Girls Club building. The City of Fairhope agrees to pay the estimated local match portion of $25,000 for this project. The funding for this project will come out of next year's fiscal year operation budget. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 1044 WHEREAS, the City of Fairhope owns and assists in the operation of the Fairhope Boys and Girls Club, which provides vital educational, recreational, and cultural activities to a large number of the area's low -and -moderate income youth, and; . WHEREAS, the facility is in need of being enlarged to accommodate the number of youths participating in programs offered, as well as provide better facilities for the programs, and; WHEREAS, financial assistance is available through the Community Development Block Grant Community Enhancement Fund as administered by the Alabama Department of Economic and Community Affairs. NOW, THEREFORE, BE IT RESOLVED by the City of Fairhope Governing Body, Fairhope, Alabama, as follows: SECTION 1. That the City of Fairhope will make application to the Alabama Department of Economic and Community Affairs for a Community Development Block Grant under the Community Enhancement Fund as provided for under the Housing and Community Development Act of 1974, as amended, for the amount of $250,000.00 for the purpose of constructing an addition to the Fairhope Boys and Girls Club building. SECTION 2. That the City of Fairhope agrees to pay the estimated local match portion of this project ($25,000.00). The Boys and Girls Club has committed to, at the request of the City, to pay the local match portion. However, the City of Fairhope firmly stands behind the match commitment. SECTION 3. That Timothy M. Kant, in his capacity as Mayor, is hereby authorized and directed to take such actions as may be required to have the grant application submitted on behalf of the City of Fairhope included the execution of all required certifications and assurances. Attest: Passed, Adopted, and Approved this 261h day of July , 2004. f 9---- i y M. I ant, M or Geniece W. Johnson, City Clerl *easur�er 3364 26 July 2004 Councilmember Christenberry and Councilmember Gentle, members of the Environmental Advisory Board, addressed the City Council recommending that rather then passing a resolution requesting revisions to the STAG Grant the Mayor should be authorized to write a letter to the two other cities participating in the STAG Grant: Mayor Russell, City of Foley and Mayor Brown, City of Daphne. The STAG Grant is a storm water grant that covers certain environmental issues that have already been addressed in Fairhope. Therefore the Environmental Advisory Board recommends that the following revisions be placed in the work plan to better address the needs of Fairhope: 1. Create a Fairhope Storm Water Master Plan to include its Mission Statement, its responsibilities and accountabilities, manning requirements, and funding sources for the initial start-up and ongoing operation. 2. Inventory and diagram all storm water detention, control and conveyance systems impacting Mobile Bay and the watersheds within the Fairhope Planning Jurisdiction. Each should be evaluated to determine: a. Its age and design capacity, including identification of up stream sources of storm water volume. b. Its condition and its capability of controlling 10, 25 and 50 year storm events. c. Required Maintenance and/or up -grades necessary to improve each system to "State of the Art" Best Management Practices. d. Establish maintenance schedules and criteria requirements for each system. Purchase and install a real time electronic rainwater measuring system at the wastewater treatment plant so accurate assessments can be made of the impact storm events have on the wastewater plant as well as the adjacent storm water systems. 4. Determine if Daphne would join Fairhope in these efforts as they have common environmental concerns and needs. Councilmember Christenberry moved to authorize Mayor Kant to write such letter with a copy of the letter being sent to Dave Rauch with Hutchinson, Moore & Rauch Engineers, and a copy be sent to Harry Phillips, Environmental Advisory Board Chairperson, and to note within the letter that if for any reason the EPA's funding is not available for this funding cycle, the EPA place funds in the next funding cycle. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution appointing Election Officials and Alternates for Election Day 24 August 2004, and Run-off Election Day 14 September 2004, if necessary. Seconded by Councilmember Ford, motion passed unanimously. 3365 26 July 2004 RESOLUTION NO. 1045 WHEREAS, a Regular Municipal Election has been called to be held on 24 August 2004, and a Run-off Election, to be held if necessary, on 14 September 2004; 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) Diane Blaschak, 405 Jasmine Street Registration & Poll List Clerks: (1) Grace Nelson, 509A Nichols Avenue (2) Ann Kinard, 513 Third Street (3) Gail Walley, 656 Volanta Avenue (4) Frances G. (Jerri) McCully, 213 Fels Avenue (5) Margie Robinson, 100 Berglin Street (6) Dot McWhite, 28 Hofl'ren Drive (7) Norma Tidwell, 207 South Mobile St # 108 (8) Mildred Rogers, 111 Pinetop Circle (9) Carol Long, 483 Dogwood Avenue (10) Martha Rejczyk, 503 Morphy Avenue Clerks Issuing Ballots: (1) Charles Robinson, 455 Ivy Circle (2) Marline Robinson, 455 Ivy Circle (3) Pat Cunningham, 13 Winterhaven Ct. (4) Beth Taylor, 19270 S. Greeno Road #59 (5) Ruby Hanson, 165 Laurel Avenue (6) Emma Taaka, 366 Wisteria Street (7) Rae Jackson, 16 Orange Street (8) Nancy Anderson, 617 Morphy Avenue Inactive List: (1) Louise Dyer, 702 Volanta Avenue (2) Joanne Brown, 64 S. Ingleside Street (3) Karen Hutchins, 756 Evergreen Street Machine Attendants: (1) Gerald Devuyst, 13 Hoffren Drive (2) Harry J. Bennett, 9 McCue Circle (3) John P. Kenny, 406 Rosa Avenue WHEREAS, due to the possibility of accidents, illness, or other unforeseeable matters, a list of alternates need 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) Thomas Dyer, 702 Volanta Avenue (2) Annie Holmes, 8 Hoffren Drive (3) Emma (Libby) McCawley, 10 Woodgrove Circle 3366 26 July 2004 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 26`h DAY OF JULY , 2004. Attest: /v Geniece W. Johnson, City C10116surer kn� /--:::= Tim y M. K In t, M or Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution issuing a Certificate of Election to Councilmember Cecil Christenberry — Place # 3. Seconded by Councilmember Anders, motion passed unanimously. 3367 26 July 2004 RESOLUTION NO. 1046 WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a commission form of government, and; WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, and; WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of Candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person, and; WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue Certificate of Election to such person, and; WHEREAS, the Mayor o the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the office of PLACE # 3 prior to the deadline and that the name of that person who filed such statement was CECIL CHRISTENBERRY, NOW, THEREFORE, BE IT RESOLVED by the Fairhope City Council of the City of Fairhope, that be and he is hereby declared duly elected to the office of CITY COUNCIL in the City of Fairhope for the term of office commencing on the first Monday in October, 2004, and; BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to CECIL CHRISTENBERRY for the office of CITY COUNCIL - PLACE # 3 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS THE 26T" DAY OF JULY , 2004 QLnpAy M. nt, ayor Attest: eniece W. Johnson, Cityer reasurer 3368 26 July 2004 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution issuing a Certificate of Election to Councilmember Bob Gentle — Place # 5. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO. 1047 WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a commission form of government, and; WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, and; WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of Candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person, and; WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue Certificate of Election to such person, and; WHEREAS, the Mayor o the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the office of PLACE # 5 prior to the deadline and that the name of that person who filed such statement was ROBERT C. (BOB) GENTLE, NOW, THEREFORE, BE IT RESOLVED by the Fairhope City Council of the City of Fairhope, that be and he is hereby declared duly elected to the office of CITY COUNCIL in the City of Fairhope for the term of office commencing on the first Monday in October, 2004, and; BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to ROBERT C. (BOB) GENTLE for the office of CITY COUNCIL - PLACE # 5 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS THE 26TH DAY OF JULY , 2004 C �nw Ti by M. r antA4ayor Attest: eniece W. Johnson, City erk/ireasurer 3369 26 July 2004 City Council reviewed an application for a Beer/Wine Off -Premises License by Kenneth Paul Buck, dba Battles Wharf Market, located at 18327 Scenic Hwy 98, Fairhope, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Anders, motion passed unanimously. Mac Walcott addressed the City Council with a status report on the new Public Library the construction estimate was prepared by George Roberds. The total of his estimate is $5,216,000.00, which is approximately 32% higher then the $3,950,000.00 base figures that were forecast over the last two years. This increase tracks the 20% to 25% inflation spike that has been seen in all construction in this area over the last six months or so. As we have discussed, the final bid package will indicate a Base bid that includes the shell of the building. There will be a number of alternates that will complete the interior of the building as funds are available. The re -casting of Mr. Roberd's estimates based on this method is as follows: Base Bid (shell) $3,386,000.00 Interior Build -Out (multiple alternates) $1,830,800.00 Total $5,216,800.00 Mr. Walcott further stated that Mr. Roberd's donated his time to prepare an estimate. The true construction cost of the project will only be known after the bids have been received. Thompson Engineering, the Civil Engineers hired by the city for the project, has started work and will complete their design around the first week of September. They plan to issue the complete bid package then, and receive bids around the end of September. If all goes well, this schedule could allow "ground breaking" around the middle or end of October. Tim Yahr, Fairhope High Cross Country Coach, addressed the City Council requesting permission to use the Fairhope Beach Area for a Cross Country meet on Monday, August 30, from 5:00 p.m. to 7:00 p.m. Councilmember Anders moved to grant the request. Seconded by Councilmember Quinn, motion passed unanimously. Delores Ward addressed the City Council requesting permission to place a hotdog stand at the Fairhope Municipal Pier area from 9:00 a.m. to 9:00 p.m. Monday thru Sunday. Councilmember Anders moved to grant the request. Seconded by Councilmember Christenberry, motion passed unanimously. There being no further business to come was d y adjourned at 6:03 p.m. Geniece W. Johnson, V11ty lerk/Treasurer the City Cpuncil the meeting r I^ Mayor