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rescinded.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