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Home My WebLink About07-24-2006 Regular Meeting3880 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, 24 July 2006. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Councilmember Stankoski, gave the invocation. Councilmember Quinn moved to approve minutes of the 10 July 2006, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Eddie Boyett and Sherry Sullivan presented Certificates of Recognition from Mayor Kant to Fairhope All -Star Baseball Team ages 10 years and under. The coaches were also recognized. Mayor's Comments and Staff Reports: • Rose Forgarty, Finance Director, and Nancy Wilson City Treasurer presented the following power point presentation on the financial report for the Month of May 2006. No City Council action was required nor taken. POWER POINT PRESENTATION ON NEXT PAGE 3881 24 July 2006 CITY OF FAIRHOPE CITY COUNCIL MEETING JULY 24, 2006 SUMMARY FINANCIAL REPORTS NINE MONTHS ENDED 6/30/2006 Slide 1 GAS FUND ENDED ENDED 1 ne 1 6I30106 6I30106 REVENUES 6,132,655 5,617,040 515615 COST OF ENERGY 3,649,605 2,787.272 862,331 EXPENSES 1.561 S96 14...2 U.256 EARNINGS (LOSS) 921A52 Slide 3 WATER/SEWER FUND 9 MONTHS 9 MONTHS ENDED ENDED 10ECUAsq 6I30016 600N8 REVENUES 6.122,W2 5.534.569 588A13 COST OF ENERGY 3)],859 338.961 38,898 EXPENSES 3,668,T65 3,477,267 191,498 TOTAL COSTIEXPENSE 4046,624 3816,228 EARNINGS (LOSS) 2,076,358 Slide 5 ALL FUNDS 9 MONTHS $MONTHS ENDED ENDED IMCREASEI BOOAI. 80606 REVENUES 35.9TJ.104 2%481 )00 6,4 .GM EXPENSES 1,11,31 28A11,131 5,229,402 EXCESS REVENIE OVER(UNDER) EXPENSE 2,3U.368 Slide 7 GENERALFUND 9 MONTHS 9MONTHS INCREASE ENDED ENDED IDECREASE1 600A16 —.5 REVENUES 15.O30.= 12D41.671 2.988.332 EXPENSES 14.382,837 11,557.714 2.825,053 EXCESS REVENUE I—A(UNDER)EXPENSE 647,176 Slide 2 ELECTRIC FUND 9 MONTHS 9 MONTHS ENDED ENDED N30Nfi fiIWR)6 IOKRlaSEI REVENUES 9,929 A91 6693]5) 1.331.7. COST OF ENERGY 6,176.162 4,M,M 1,185.907 EXPENSES 2,10.5,810 2.790A41 (41,S31) TOTAL COSTIE%PENSE 8,921672 7,183686 EARNINGS(LOSS) 1,OOT,519 Slide 4 GOLF FUND 9 MONTHS 9 MONTHS ENDED ENDED IPELREASE) 6I30RI6 6I30N5 REVENUES 1,13D822 9IS.8 214,15a EXPENSES 1,086]13 9I5,121 111 086 EARNINGS (LOSS) 44,109 Slide 6 CASH BALANCE COMPARISON AT JUNE 30, 2006 CURRENT PRIOR MONTH PRIOR YEAR 600R006 6Yl1!l006 600G006 GENERAL FUND 3.881,981 3,—,7M 2,2]0.9]6 OAS FUND 525,518 52B,599 I67.044 ELECTRIC FUND 2,125.022 2685,4fi6 2,382.680 WATER FUND 4,584,697 3183159 4.01,S26 GOLF FUND 144282 356,858 2..— GAS TAX FUND 29 M 293769 201.818 CAPITAL PROJECT B (INCLUDES LIBRARY PROJECT ACCOUNT) 101,061 166 B0] 1,231,U5 TOTAL-ALLFUNDS 10,—.— 12,76),395 10,wj. SIRRINO FUNDS 1,121,460 2.013.11 1,689,)BJ WARRANT FUNDS —,290 1,1 )0,90fi 2.291,321 BALANCES EXCLUGWG SINI(ING AND WARRANT FUNDS 8,]18,368 9,6T3,293 6,607,620 Slide 8 3882 24 July 2006 • Barry Fulford, Building Inspector, addressed the City Council to explain a proposed ordinance, which would limit the use of red soils or clays utilized in or on a site in specified areas, which are at risk of contaminating watersheds. Mr. Fulford explained that with this ordinance the City would try to keep the bay, rivers, streams and wetlands at its highest quality as possible. This proposed ordinance would affect the following areas: 1. Southern most Police Jurisdiction boundary on the west side of Highway 1 or Flood Zone which ever is greater to Scenic Highway 98. 2. West Side of Scenic Highway 98 or Flood Zone which ever is greater to Fairhope Avenue. 3. All Coastal Bluff areas and Flood Zones from Fairhope Avenue to Northern most Police Jurisdiction 4. Within Police Jurisdiction 100' outside the 100 year flood plane of all rivers, streams, creeks or tributaries. 5. Within Police Jurisdiction 50' beyond the outer boundary of all wetland. Any delineation must be approved by appropriate agencies. • Mayor Kant encouraged the City Council to pass the Smoke Free Ordinance tonight. • Councilmember Ford addressed the City Council reporting that the Recreation Board voted unanimously to recommend to the City Council to pursue grants from the Alabama Department of Economic And Community Affairs for the construction of a Skateboard Plaza and multi -purpose walking trail to be located at and adjoining the Volanta Street Municipal facility. Councilmember Quinn addressed the City Council reporting that in addition to Skateboard Plaza grant the City is also interested in applying for a Recreational Trails Program grant to assist in providing a multi -purpose tail that will connect to the Eastern Shore Trail. The multi -purpose trail would be installed at the South Beach Park at the Municipal Pier. Councilmember Christenberry moved to address the following two resolutions not on the printed agenda, the applications for the Skateboard Plaza and Sidewalk grants. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to present application for Skateboard Plaza Grant. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3883 24 July 2006 RESOLUTION NO. 1299-06 WHEREAS, the City of Fairhope proposes to construct recreational resources at Volanta Park to provide for the health and well being of the general public; and WHEREAS, the City of Fairhope intends to present an application to the Alabama Department of Economic and Community Affairs for grant assistance to develop a multi -purpose trail for walkers, joggers, skaters, bicycles at Volanta Street Municipal facility from the Land and Water Conservation Fund; and WHEREAS, said programs are limited to funding a maximum of fifty percent (50%) of the proposed project cost, which are estimated at $100,000.00 which will be used to develop the land consisting of a skateboard plaza that will have multipurpose uses. NOW THEREFORE BE IT RESOLVED, that the City of Fairhope holds in reserve fifty percent (50%) of the proposed projected cost for the purpose of matching the Land and Water Conservation Fund assistance, and BE IT FURTHER RESOLVED, that in the event a grant is awarded, the City of Fairhope understands that it will sign assurances to comply with all applicable Federal and State laws, rules and regulations. APPROVED THIS THE 24" DAY OF July, 2006. ATTEST• Geniece W. Jol nso i Clerk Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to present application for Multi -purpose Trail at South Beach Park at the Municipal Pier. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote U.'r-0 24 July 2006 RESOLUTION NO. 1300-06 WHEREAS, The City of Fairhope proposes to construct recreational resources at the South end of the Municipal Pier below the bluff area in order to provide for the health and well being of the general public; and, WHEREAS, The City of Fairhope intends to present an application to the Alabama Department of Economic and Community Affairs for grant assistance to develop a multi -purpose trail for walkers, joggers, skaters, bicycles at South end of the Municipal Pier from the Recreational Trails Program; and, WHEREAS, said programs are limited to funding a maximum of eighty percent (80%) of the proposed project costs, which are estimated at $100,000.00 which will be used to develop the land consisting of a multi -purpose trail, that will connect to the Eastern Shore Trail, which will provide a safe and designated area to walk. NOW THEREFORE BE IT RESOLVED, that the City of Fairhope holds in reserve twenty percent (20%) of the proposed projected cost for the purpose of matching the Recreational Trails Program grant assistance, and BE IT FURTHER RESOLVED, that in the event a grant is awarded, the City of Fairhope understands that it will sign assurances to comply with all applicable Federal and State laws, rules and regulations. APPROVED THIS THE 24TH DAY OF JUI,Y , 2006. 3885 24 July 2006 Councilmember Christenberry introduced in writing Ordinance No. 1309. An ordinance annexing property of Entrust Administration of the Southeast, f/b/o Mitchell W. Milner (William P. Gulas, President), located at south of Point Clear Court, Point Clear, Alabama. Contains 5.21 acres more or less 46-09-30-0-000- 06.000 and 46-09-30-0-000-061.000. The Point Place Subdivision. 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 voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1309. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1310. An ordinance annexing property of Willows, LLC and Fairhope Single Tax Corporation, located at North Side of Fairhope Ave. and E of CR 13, Fairhope, Alabama. Contains 43.98 acres more or less 46-05-14-0-000-003.511. The Willows Subdivision. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. ABSTAIN -Ford. Councilmember Christenberry then moved for final adoption of Ordinance No. 1310. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following voice vote: AYE- AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. ABSTAIN -Ford. Councilmember Stankoski introduced in writing a proposed Smoke Free Ordinance. City Attorney Marion E. Wynne explained the proposed Smoke Free ordinance. Mr. Wynne explained that bars are exempted from this ordinance. Council President Gentle opened the floor for public comments: • Chris Tony a resident of 505 Myrtle Avenue spoke in favor of the proposed smoke free ordinance and thanked to Mayor and City Council for considering this ordinance. • James Dorgan addressed the City Council in favor of the proposed smoke free ordinance. Mr. Dorgan stated that the air in Fairhope should be as refreshing as the flowers. • George Spader — spoke in favor of the proposed smoke free ordinance. Mr. Spader inquired how would the city determine a bar from a restaurant, and how would the city police this ordinance. • Ann Nix addressed the City Council on behalf of the American Cancer Society in favor of the proposed smoke free ordinance. 3886 24 July 2006 • Tina Findley addressed the City Council representing the Department of Public Health speaking favor of the proposed smoke free ordinance. Mr. Findley also stated there is no safe level of second hand smoke. • Dr. Michael McBrearty addressed the City Council in favor of the proposed smoke free ordinance and cited from the Surgeon General Report. Dr. McBrearty also expressed that he was disappointed that this ordinance excluded bars. • Dr. William Goetter addressed the City Council spoke in favor of the proposed smoke free ordinance expressing that Thomas Hospital is a smoke free site. • Jack Russo of Club Drive in Quail Creek addressed the City Council spoke in favor of the proposed smoke free ordinance and also expressed that it will take work to enforce this ordinance. The floor was closed to public comments at 6:29 p.m. Councilmember Ford inquired if Golf Courses would be exempted from this ordinance. City Attorney, Mr. Wynne explained that this ordinance would not apply to Golf Courses because there is not a stadium or seating area. Councilmember Ford also inquired if complaints of violation of this ordinance would be accepted in writing or verbal and would the person(s) remain anonymous? Mr. Wynne expressed that Mayor Kant would have to set up administrative procedures. Councilmember Stankoski stated that the air in the City should be just a pretty as the city's flowers. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration did not pass according to the following vote: NAY -Quinn. The vote for immediate consideration must be unanimous in order to take immediate action. This proposed ordinance will layover until the next regular City Council meeting for final adoption. Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing the City Treasurer to pay bills weekly from the City's A/P account rather than only on the 20"' of every month. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3887 24 July 2006 RESOLUTION NO. 1301-06 WHEREAS, the City Treasurer is charged with the duty of paying all expenses, invoices and contract agreements of the City of Fairhope in a timely and efficient manner and in a manner most effective for the safeguarding and fiscal management of the funds of the city, and WHEREAS, in accordance with existing procedures placed in effect by the prior City Treasurer, expenses, invoices and contract agreements are paid out of two City Accounts Payable accounts, being the City A/P Account and the Treasurer's A/P Account, with Treasurer's A/P invoices being paid on a weekly basis, and City A/P expenses being paid monthly, on the 20th of each month, and a report being given to the City Council at the council meeting prior to the 201h of the month reporting all invoices to be paid on the 201h and those invoices already paid during the month through Treasurer's A/P. WHEREAS, Pursuant to Resolution No. 822-02 adopted by the Governing Body of the City of Fairhope on March 12, 2002, Mayor Kant and City Treasurer was authorized to pay Account Payables that offer discounts early. This procedure took effect April 1, 2002. All other Account Payables will continue to be paid of the 20th of each month. WHEREAS, a review of invoice crediting and cash flow history has revealed that the existing methods of invoice payment, though effective, fail to utilize available payment discounts and create a significant cash requirement on the 201h day of each month. THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that City invoices will be paid on a weekly basis, in order to take advantage of any available discounts, and to more nearly match the outflow of cash to the receipt of revenue from the three utility billing cycles. A monthly report will be given to the Council members at the first meeting of each month reporting all invoices paid during the prior month. Any unusual, extraordinary unbudgeted expenses will be held by the Treasurer until this expense can be reviewed and authorized by the City Council or the Mayor, prior to payment. DULY ADOPTED THIS 24th OF JULY , 2006. Attest: Geniece W. Johnso ity Clerk 3888 24 July 2006 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Gayfer Estates Plantation Phase II. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1302-06 WHEREAS, the Owners of Gayfer Estates Plantation, Phase II desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2253D, and all Fairhope public utilities located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the Public Works Director has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Gayfer Estates Plantation, Phase II maintenance bonds for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Gayfer Estates Plantations, Phase II are hereby accepted for public maintenance subject to the bond posted. Adopted, this 24T" Day of Jules, 2006. Attest: Geniece W. Johnson,r 06&4 Airport Authority Chairperson Colton Coile and Fairhope Industrial Development Board Chairperson Charlie Bassett addressed the City Council to report on the Festival of Flight Dedication, Open House & Fly -in Event held at the H.L. "Sonny" Callahan Airport, on Friday, May 191h and Saturday, May 20"' of this year. Mr. Bassett reported that the economic benefit from this event was approximately $858,000.00 to the area. There were approximately 7,500 people to attend this event. Mr. Coile also presented the preliminary budget estimate revised for 2006 and presented the preliminary budget estimate for 2007 Fairhope Festival of Flight event. W:' 24 July 2006 PRELIMINARY BUDGET ESTIMATE ..._. ray 19th a ZD+R 2M3 14241 r ; Attributable Datribut10n. of Sources:_ )asraiptlotr i Amount: TPrivate: 1 G" County: :rlysy_NVt ReceoWn no 31000000 L1Dcoo 00 ;rend Motel rows ; 75, 3275OOy $70,025 $XV50DI Saturoay_Hcs7tatzy Roan 1 11,000 CO STOW 00 St,00? ,.0 Mart rd Rlet� ) IOOD0 _.. _... ..._...._ _54.00, 3a3 000-M _ I&OM 00 Ndd mels 351 St 750 00S_ _ Nilterymeea 20 51 31D.00, at,DOD00 61. la., S�3 00 32.l:A0 0: 57.540 DJ ' 9—tylSaL 15, 12� L33 D3 $5.910.00 35,600.00 Craffic control t 3 21i L33 OD 32 076 OD .l S2 019 03 ! ., _ _ ._ ..... __ °olkrn0.5W,d 4Pie�npn n�[ 12 533.0 �., 33s0 00 , 33,58.00 extra airp 1t1 slnRng, 5 8 $40 00 $1 600 OD S C110 00 t 1 tidv . isirg and putCdty _. _..f. ._..._......_._.. ____„..._... 4,850 00 __$3,750 00 .. ,.._....._... ,, ,, _....._.... nswanon `l W.00 ?s5000 _. _ ,,.._.34W00 lean up 1 3; 10, $1500 _720 CO 372000 TemFola lercn crt'!+�d Ocnlr0l N!C _ ..... .. 'Emn Oev. Fam Tour 1 $5 COO D0 SS'040 m LS ODS D0 1 Tp`i'RL II L":Otfi50D3 $43915.44S?8,22500 _. ..._._� Fa rMPp Ecnnornie and IMusU1a' Dereloptnent Bawd Sources of funds: i �Ar=rt Prtyale sou crs - _.. +�543 975 OD C'y of Fart ape AL _ r_S25.d76 00_, ,_, _ Fiiltlrc Ec 6 ktd Oev Bd �. S9 OCO_00 I DaINY1 COLVY�Aft!jra. i �� 370.00000 TOTAL, L104,85D.00 ' r L'.A1RfK7Ptl KItiSTi. wt t� Fl.lCiNf ?OdF PRFIIMIINAtYY BUCGEt PET1VAT'E . May W th, !'Nh a xtKt♦ xStT .. ..... _. t[retiMld TAI'M .__ _•_�...._....._._... ... ........... _._____..� ` ._._.___........ .. ___._ ..._ .. _ ..... Atlrtbutal:4 Dlatr,lamin of Squmow )f_� rlFtlan� Amt+unt __Prna1e � City_ _. ? CnuaA�+^ .. Xer1Q Hc1M martn (CO-41 Acems; 20 $27.9 04� t$ $00 CC .. ^S5_S40 00 JC'rer taUU!•1 Wh*K rv`p: 41. $105 00�.. 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"S 00�....�i?J4 t6� M E 25 " 31 52275 -----i caeattuP r 6� St5dt5 �si4WQ0 S1a1444• _ Ttlmt�cr h arolsd crnttd t11C 'Eaan Qev tam Tour 1 i, i1J 00D 90) L10 DOO.00 �_ 53 97S 00 F6 C95 00 Ar�ewn[)armroltreljan r ._. ,4 o0n 83 }t GC1a C0 35 tiSy 4br,.,_$$.1e7`G VhltriM v'atK asf'vL__ »..-.;...-._. # , „_ _i.,..S' 1 sio coo v, s16 rn3 rt ..®....._ s] 9: .t y y!y C45 00 CcmTaazt atsr•s _ ......._„. Ait Tr,.lfir. CidflLal �� , 251 4100 DO' S2i300_W �%3LS 0_[4 _ 39?V.25y S1 S2375_ , ;?56 75 s2,,137 25 _ ��tttmn,L.rpnn►--.:..,..... .. ..7 .v S3000� $7$O CO .Y... ,,,,,,5 ' 292is8 _3+5' 1J r*a 13mund Tmnmlo llnn 1 61 3�_ 1100 1a1 _ 23D) OO .. . Gtoursa Trenaacmbon.2 ........._.., _�.. ..._..�......$. ._....,__T.._..._. tD 3• 6-7 DD1d1fl0 4) ,._._t...____.... _.._, _......_..._.._ S1S0 03 ,.k....,.,_....___ ____,,.,,._.... q........... I -TMA1. _ _ ......,, _...__ ,—. 1R34M 7., i It?'AN 37 »5 y] 't'.anccpa Ec rvuri; am P'* L A; DaHe1,Y�llthr(18+r3.. r '.. I 3890 24 July 2006 Harvey "Skip" Jones reviewed the following press release regarding the Fairhope Center for Writing Arts, and thanked the Mayor and City Council for the use of the writing cottage. The Fairhope Center for the Writing Arts has given author Joe Formichella the task of writing a book to chronicle Fairhope's rich literary history and tradition. It will be the story of an unusually long list of former and present writers who spent time crafting works of fiction and nonfiction in and around Fairhope. In the past, as more and more writers were invited to Fairhope bookstores and writing conferences to read on stage from their works of fiction, the book -loving crowd noticed something missing from the local literary landscape. There was a conspicuous absence of information available on the town's remarkable literary background, nothing to tell of Fairhope as home to so many writers. A roll call of Fairhope and Eastern Shore writers, one that is not even a complete list, would include Upton Sinclair, Robert Bell, Richard Shackelford, Monroe Thompson, WEB Griffin, Winston Groom, Jimmy Buffet, Fannie Flagg, Terry Cline, Judith Richards, Mark Childress, Brad Watson, Tom Franklin, Ben Erickson, Jack Kerley, Jennifer Paddock, Sidney Thompson, Frank Turner Hollon, Suzanne Hudson, Sonny Brewer, Everett Capps, and Formichella himself. There was not even a simple brochure at the visitors' center dealing with the great contribution of both fiction and nonfiction to the country's bookshelves from Fairhope authors. In part to address this concern, the Fairhope Center for Writing Arts was founded, and a corporate charter filed, asking the IRS for nonprofit status, which was granted. The FCWA is an approved 501(c)3 corporation. The first conspicuous act of FCWA was to apply to the Fairhope City Council for a lease on a tiny city - owned cottage at 9 North School Street. A little bungalow built in the 1920s, and, in danger of demolition. FCWA was granted a lease on the cottage, and the Center raised the money to repair and renovate the property, and even furnish it and hang art on the walls. The FCWA board then voted to call it the Betty Joe Wolff Writer's Cottage in honor of the first lady of books in Fairhope, who founded Page & Palette Bookstore. The Wolff Cottage was first put to use as a writer's residence for Rick Bragg, who was the Center's first author -in -residence, a program that allows a writer to work on a book in the comfortable and scenic setting of Fairhope. The FCWA writer's residency program is an "escape -to -create" or "retreat -to -complete" opportunity for a writer to get their work done, while living in one of the prettiest places in the country. An author probably couldn't find a more inspirational spot for writing than Fairhope, hence its rich literary tradition. Since Rick Bragg moved out of the cottage, it has been a lodging for several authors on brief visits to the city. Among them, screenwriter Tom Epperson, novelists Bev Marshall, Daniel Wallace, Silas House, Wayne Greenhaw, Patricia Henley, national magazine editor Clay Risen, and New York Times reporter Warren St. John have all stayed at the cottage in recent months. The property on which the cottage rests has become the site for a new Fairhope Library, and constriction is in full swing, approaching completion. When the library is completed, the Fairhope Center for Writing Arts will designate a new author -in -residence, and the Wolff Cottage will be at the center of all the "bookish" activity around the new library. In the meantime, out-of-town authors who are included in the book on Fairhope's literary landscape will be invited to stay at the Wolff Cottage while Formichella conducts his interviews with them. A plan has also been approved by the FCWA board to offer the cottage as classroom space for creative writing seminars that are funded by the Alabama Humanities Council as a continuation of last wrnter's Writing Katrina project. The workshop sessions are administered by FCWA and led by authors Suzanne Hudson and Formichella. Additionally, FCWA has awarded cash prizes in recognition of writing talent and contributions to publishing. Winners have included Eric Kingrea and John Sledge. It is also a work -in -progress for the FCWA to assemble a collection of books written by Fairhope writers past and present, and to donate those books to the new library. "People, even folks who've lived here a long time will be surprised to see what a great number of volumes that will include," says FCWA board chairman Sonny Brewer. "It will be an impressive statement to anyone about the creative climate that is fostered in Fairhope, and particularly, the importance of our local writers' contribution to the national literary tradition." Formichella adds that the book he is working on will be much more than a catalog, or encyclopedic listing of Fairhope's writers, past and present. "What these writers are telling me is that there's something truly unique about Fairhope. Their explanations of what that is vary considerably, from its founding principles, to its natural beauty. Other writers talk about the unusual and strong support system between booklovers and the other writers. Almost all hint at Fairhope's unnamable quirkiness." Formichella says the book on Fairhope's writers is shaping into an overlapping narrative about the people, places, events and general impressions of Fairhope. "1 think," he says, "it will_illuminate what Fairhope's special-ness is, at least from a writer's viewpoint." 3891 24 July 2006 Leon Chambers addressed the City Council and presented the following comments on the "rule of law" as it applies to the City of Fairhope. Honorable Bob Gentle. President Fairhope City Council I apologize for my actions at the last council meeting objecting to your having official input to the mayor's appointments to the planning commission, not the content of what I said but the candor with which I said it. You unknowingly opened some old wounds that happened forty years ago at a council meeting in Homewood. I was chairman of the planning commission having been appointed by the mayor some twenty years earlier. The mayor was in his twenty fifth year in office and had built his power through the buddy system to that of a dictator. He controlled the council and every committee and commission in the city, voting on some that he was not even supposed to belong. He was a good mayor... probably the best that Homewood ever had but he had become a despot. Now he was turning his attention to the planning commission to change some rules to expedite a project to help one of his friends. That is a meeting I will never forget. As a result with a group of friends later, it was decided that something had to be done. We put together a slate for the upcoming election and I was talked into running for the president of the council. "THE MAN WITH A PLAN' was our campaign slogan. We won. The task seemed impossible. The mayor was beginning his sixth term, loved and known throughout the city and me, just being introduced to the inner workings of political office; however, I had the complete support of my council. The city attorney took pity on me and bought my lunch one day and introduced me to the Alabama State Codes. Here was the complete solution to our problems and replaced the emotions from our task with law as the foundation. Here was where I gained a tremendous respect for the task that our founding fathers had in the framing of the Declaration of Independence, The Constitution, and the Bill of Rights securing the rights of the individual. Particularly when they wrote "that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, among these are Life, Liberty, and the pursuit of Happiness --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"; and further spelling that out in the specific laws of the first ten amendments to the Constitution called "The Bill of Rights". Their intent was that governments would be made of law not of men; that the rule of law would be the glue that holds a democracy together; that laws should be clear and easily understood and explicitly followed; that there be a clear separation of power with checks and balances to prohibit discretionary action. The best example of this was drafted by John Adams for constitution of Massachusetts, in justification of the separation of powers: "In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end it may be a government of laws and not of men." The root of authority for city government is in the Alabama State Codes categorized by size and preferred form.. Fairhope became a class 6 city when the population according 3892 24 July 2006 to the year 2000 Federal Census exceeded 12,000. Preferred form is mayor/council. Given that criteria all information is available showing all duties, powers, and relationships between the mayor and council; how to establish boards and commissions. In the case of the planning commission and the board of zoning adjustments, their creation, delegated authority and duties are spelled out. Like the DeJarno publicity add "Its all in there". One thing to make definite: THESE ARE NOT GUIDELINES OR SUGGESTIONS, THEY ARE LAWS. Centrally it is clear that the council is the responsible authority for no matter what action any commission, board, or the mayor takes it cannot come to fruition without council approval. When you raised your right hand and signed on to this job you immediately accepted the responsibility for the health, safety, and welfare for about 14,000 people to protect heritage of their past, the challenge of the present, and the future of those yet to come. That is an awesome responsibility. You also promised to uphold the laws of the land and here I have some doubts that you are aware of their presence. I would like to submit my copies of some selected areas of the Alabama Codes to be copied by the clerk and distributed to members of the council and the mayor for their perusal. Thank you for your time Leon Chambers Identification: "INFRARED CAMERA" Bids open on: June 28, 2006 at: 10:00 a.m. Bids were received on an Infrared Camera to be used for the Electric Dept. for locating heat from poor connections at sub -stations and other facilities and equipment. VENDOR: TOTAL PRICE: DELIVERY: HURRICANE ELECTRONICS Mobile, AL DID NOT MEET SPECIFICATIONS FUR SYSTEMS $23,800.00 Includes Training Stock Item Memphis, TN. HUGHES SUPPLY NO RESPONSE Pensacola, FL STUART C. IRBY CO. NO RESPONSE Pensacola, FL GRAYBAR ELECTRIC NO RESPONSE Mobile, AL It is recommended to accept the low bid of FLIR SYSTEMS, Memphis, TN with all specifications beinq met. Aaron Norris Electric Dept. Wayne Smith, Purchasing Agent Note: Specifications not met because vendor did not include breakdown of item pricing as requested. We were unsure of what items were actually included in package. Flir System provided all information requested in bid document. 3893 24 July 2006 Councilmember Stankoski moved to accept the low bid of Flir System, Memphis, TN for the purchase of an infrared camera for the Electric Department provided all specifications are met. The Electric Operating Fund will pay for this purchase. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. TABULATION Identification: "CLEAR RIGHT-OF-WAY — GAS DEPT." Bids to be opened on: June 16, 2006 at: 10:00 a.m. mas were receivea Tor i rimming ragnt-oT-vvay along ua nignway a i ror rive to) mues along a Natural uas main. VENDOR: TOTAL PRICE: DELIVERY: McGOUGH CONSTRUCTION CO, LLC $30,000.00 Begin as soon as Mobile, AL possible. ASPLUNDH TREE EXPERT $52,000.00 14-Days after award date. Alabaster, AL SPOTSWOOD'S TREE SERVICE Spanish Fort, AL NO RESPONSE H&H TREE SERVICE Gadsden, AL NO RESPONSE BID JOHN'S TREE SERVICE Fairhope, AL NO RESPONSE Robert Dittrich Mobile, AL NO RESPONSE It is recommended to accent the Inw hid of McGOl1GH CONSTRUCTION CO_ LLC Mnhila_ AI with all snarifirntinnc being met. Steve Seay, Gas Superintendent Wayne Smith, Purchasing Agent Councilmember Christenberry moved to accept the low bid of McGough Construction Co., LLC, Mobile, Al for the clearing of right-of-way on U.S. Highway 31 where a City of Fairhope Gas Line is located provided all specifications are met. The Gas Operating Fund will pay for this service. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Identification: "ANNUAL CONCRETE BID" Bids open on: June 27, 2006 at: 10:00 a.m. The City of Fairhope sent out the Annual Concrete Bid for 3000 lb. and 4,000 lb. Concrete. Bid notices were mailed to the following vendors: BAYOU CONCRETE CO, INC. Mobile, AL REYNOLDS READY MIX CONCRETE, INC. Foley, AL 3894 24 July 2006 SOUTHERN READY MIX, INC Theodore, AL FAIRHOPE READY MIX, INC. Fairhope, AL MORRIS CONCRETE Saraland, AL BALDWIN CONCRETE Gulf Shores, AL SHERMAN INTERNATIONAL Theodore, AL Fairhope Ready Mix cannot accommodate our deliveries. They have only two (2) trucks. They did not formally respond to the bid. Other vendors stated in previous years they could not accommodate our delivery specifications, which require delivery within two to four hours. Reynolds Ready Mix states that a $45.00 minimum load fee will be charged for any deliveries made under 5-cubic yards. Reynolds stated that these charges are being billed because of the increase of raw materials, fuel, etc. Reynolds operates several loading plants in Mobile and Baldwin Counties. PRICES ARE: 3000# Mix: $91.00 per yard 4000# Mix: $95.00 per yard Porous Concrete Mix: $90.00 per yard It is recommended to accept the bid of Reynolds Ready Mix, Foley, Alabama. Specifications on concrete mix have been met. Jennifer Fidler, Wayne Smith, Director of Public Works Purchasing Agent Councilmember Ford moved to accept the bid of Reynolds Ready Mix, Foley, Alabama to provide concrete to the City of Fairhope, provided all specifications are met. The applicable department will pay for the purchase of concrete. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford moved to address a resolution not on the printed agenda to add the Library Project Two Million Line of Credit Bridge Loan, for the use of completing the Library Project, to a potential 2007 Bond Issue. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford stated that the City is leaving itself wide open to allow people not to meet their responsibility, and it would take 20 to 30 years to pay this back. Councilmember Ford recommends borrowing the money short term. Council President Gentle inquired why are we adding this to a potential bond issue when this money is already committed by pledges. Councilmember Stankoski also expressed disagreement of adding the bridge loan to a bond issue. 3895 24 July 2006 Councilmember Ford further stated that the great perception is that the city will keep borrowing money for this project and the money will never be paid back. Council President Gentle entertained a motion to add the Library Project Two Million Line of Credit Bridge Loan, for the use of completing the Library Project, to a potential 2007 Bond Issue. This item died due to a lack of a motion. Council President Gentle read the following memorandum from the City Attorney Mr. Wynne to enter into an Executive Session for approximately 15 minutes: Please note that the purpose for executive session allowed by Ala. Code Section 36- 25A-7 (a)(3) is applicable to the planned discussion for the executive session requested on this date. The discussion will involve a controversy likely to be litigated if the council pursues a proposed course of action. This declaration does not constitute a waiver of the attorney -client privilege. Councilmember Ford moved to go in to executive Session. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. At 7:15 p.m. Mayor Kant, all Councilmembers and the City Attorney exited the dais. At 7:30 p.m. Mayor Kant, all Councilmembers and the City Attorney returned to the dais. There being no further business to come before the City Council the meeting was duly adjourned at 7:30 p.m. Robert C. Gentle, Council President Geniece W. Johns ity Clerk