HomeMy WebLinkAbout12-19-2005 Regular Meeting3728
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 19 December 2005.
Present were Council President Robert C. Gentle, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; City
Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Mayor
Timothy M. Kant was absent.
There being a quorum present, Council President Gentle called the meeting to
order. The Pledge of Allegiance was recited, and Jeff Ingram Assistant Pastor at First
Baptist Church, gave the invocation. Councilmember Quinn moved to approve
minutes of the 12 December 2005, regular meeting. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
Mayor's Comments and Staff Reports:
• Rose Forgarty, Finance Director, and Nancy Wilson gave a financial report for the Month of November
2005. No City Council action was required nor taken.
• Council President announced that a Financial Meeting will be held February 2, 2006,at 4:00 p.m. to
review the first quarter numbers and to discuss the Community Development requests. The City has
received more request than monies budgeted.
City Judge, Haymes Snedeker, addressed the City Council and expressed that it
has almost been a year since his appoint as City Judge and that it has been a pleasure
to serve as Judge.
Judge Snedeker and Kevin Egan, with Judicial Correction Services, Inc., addressed
the City Council to explain the agreement to provide probation services to the City of
Fairhope. City Attorney Marion E. (Tut) Wynne expressed that he has worked with
the City of Fairhope Court since 1981 and that this service would reduce the paper
work on Sandy Kelly and Dorothy Lightfoot, Court Magistrates. Mr. Wynne highly
recommended that the City use these services.
Councilmember Stankoski introduced in writing and moved for the adoption
of the following resolution, a resolution authorizing Mayor Kant to execute a Client
Agreement contract between the City of Fairhope and Judicial Correction Services,
Inc., to provide probation services upon the terms set forth within the following:
• Uniform Standards of Probation Supervision
• Services Provided by JCS
• Compensation to JCS
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote.
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19 December 2005
RESOLUTION NO. 1260-05
WHEREAS, this agreement made and entered into this 191h day of December, 2005
by and between the City of Fairhope, Alabama (the "City"), the City's Municipal
Court (the "Court") and judicial Correction Services, Inc., a Delaware corporation,
("JCS").
RECITALS
WHEREAS, the City, through its duly elected or appointed officials, is authorized to
enter into a binding contract with a qualified vendor to provide probation supervision
and related services for the benefit of the City and Court;
WHEREAS, JCS, who conducts probation services for various county and city
entities and represents that it is a qualified vendor able and willing to provide these
services to the City and Court;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, and other good and valuable considerations, the receipt, adequacy and
sufficiency of which is acknowledged by the parties hereto, the City and Court enter
into this agreement with JCS to provide probation services upon the terms set forth
below, including the following exhibits:
Exhibit A — Uniform Standards of Probation Supervision
Exhibit B - Services Provided by JCS
Exhibit C — Compensation to JCS
This agreement will initially extend for one year from the date of execution, and shall
automatically renew in one year increments thereafter unless terminated by either
party with a thirty (30) day written notice.
The foregoing constitutes the entire agreement between the parties and supersedes
any representation or agreement heretofore made. This agreement shall be governed
by the laws of the State of Alabama and may be amended only by a document in
writing signed by a duly authorized representative of the City and JCS.
Adopted, this 19th day of December , 2005
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19 December 2005
Councilmember Quinn moved to authorize the sale of Surplus Property.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
Councilmember Ford addressed the City Council expressing that the Zoning
Ordinance needed to be corrected with regards to how many units are allowed on an
acre. Councilmember Ford further expressed that he did not know if anything could
be done retrospectively about Ordinance No. 1283. This ordinance allowed the re-
zone of Fairhope Trailer Court, Inc., property from R-1 Density Single Family (Non -
Conforming) to R-4 Low Density Multi -Family. This property is located on the East
side of Greeno Road just North of Volanta Avenue. John Avent with Engineer
Development Services made no promises on the development of this property at the
28 November 2005, regular City Council meeting.
Summer Woodson, City Planner, addressed the City Council and presented copies of
the old Zoning Ordinance, an amendment to the old Zoning Ordinance (Ordinance
No. 1005 adopted December 24, 1996), and the New Zoning Ordinance, adopted 27
June 2005. Ordinance No. 1005 amended the old zoning ordinance setting the
maximum allowable density to be computed at eight (8) units per acre. Ms. Woodson
explained that this amendment was not included in the new zoning ordinance. Ms.
Woodson further explained that there are some other house keeping items that need to
be corrected in the new zoning ordinance and that she is working on a list of these
items and will present the incorrect items to the Planning and Zoning Commission to
be corrected. The correction starts with Planning and Zoning and then will be
forwarded to the City Council.
Mr. Wynne stated that he did not think the City could do anything now about the
ordinance passed at the last regular City Council meeting (Fairhope Trailer Court,
Inc. — Ordinance No. 1283), but the City should work in the house keeping list and
correct these items as soon as possible.
Councilmember Quinn suggested that the City write a letter and explain what we
discovered, and ask if the developer of this property will abide by the spirit of the
law.
Council President Gentle stated that he would request that Mayor Kant write a letter
enclosing and requesting the following:
1. Provide a copy of the letter to each Councilmember
2. Explain the City `s discovery.
3. Enclose a copy of the minutes from 28 November 2005 regular City Council
meeting.
4. Enclose a copy of the old, amendment and new zoning ordinance.
5. Ask Mr. Avent to develop the property in the spirit of the law.
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19 December 2005
Council President Gentle announced that a Work Session will be held for the
City Council, Planning and Zoning Commissioners, and Staff to review procedures
and policies. The City Council and P & Z need to know the facts of a request, need to
know the City's rules, and need to know the law. The politics should be handled by
the City Council not Staff and P & Z.
There being no further business to come be re the City Council the meeting
was duly adjourned at 6:15 p.m.
►bert C. Gentle, Council President