HomeMy WebLinkAbout08-25-2008 Regular Meeting4679
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, 25 August 2008.
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 Lisa A. Hanks. Mayor Timothy M. Kant
was absent.
There being a quorum present, Council President Gentle called the meeting to
order. The invocation was given by Dr. John Alford, Pastor of Fairhope Christian
Church, and the Pledge of Allegiance was recited. Councilmember Stankoski moved
to approve minutes of the August 11, 2008, regular meeting. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
Sherry Sullivan made the following announcements:
• LifeSouth Community Blood Services will host a community -wide blood
drive at the Nix Center on Thursday, August 28th from 10:00 a.m. to 6:00
p.m. LifeSouth is the primary blood supplier for Thomas Hospital and
Infirmary Health Systems.
• Fairhope Pier Players every Thursday evening from 6:00 p.m. until sunset at
the Fairhope Municipal Pier.
• Tomorrow is Election Day and everyone votes at the Civic Center. The poll
will open at 7:00 a.m. and close at 7:00 p.m.
Mayor's Comments and Staff Reports:
• Rose Fogarty, Finance Director, and Nancy Wilson, City Treasurer, presented
the following PowerPoint presentation no action was taken by City Council.
25 August 2008
CITY OF FAIRHOPE
CITY COUNCIL MEETING
AUGUST 25, 2008
SUMMARY
FINANCIAL REPORTS
TEN MONTHS ENDED
7131 /2008
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25 August 2008
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Councilmember Quinn introduced in writing Ordinance No. 1367, an
ordinance authorizing and granting to Bellsouth Telecommunications, Inc. d/b/a
AT&T Alabama the right to use the rights -of -way of the City of Fairhope, Alabama
to provide video services to the citizens of the City under the terms of a video service
agreement. In order to take immediate action, Councilmember Stankoski moved for
immediate consideration. Seconded by Councilmember Christenberry, motion for
immediate consideration passed unanimously by the following votes: AYE - Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember
Christenberry then moved for final adoption of Ordinance No. 1367. Seconded by
Councilmember Stankoski, motion for final adoption passed unanimously by the
following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none.
25 August 2008
A Public Hearing was held as advertised to discuss the acquisition of
recreational facilities for "Sweetwater Park" located at Scenic Highway 98 and
Nelson Road. Nancy Milford, Planner, addressed the City Council and stated that the
grant is under the Land Water Conservation Fund with a 50150 match and a maximum
of $100,000.00 for property acquisition. The grant must be received by ADECA by
September 2, 2008. She also told the City Council that ADEM's No Further Action
Letter was received today. This public hearing is a requirement for the grant.
Councilmember Quinn asked; "How many parking spots will be at the park?" Ms.
Milford replied 11 to 12 spots are designated for parking.
Council President Gentle opened the Public Hearing at 5:49 p.m.
1. Arthur Edgar, 6112 Nelson Road, addressed the City Council and stated there
is no better use for this location than this park and it would be great for the
area.
2. Alan Hall, resident of Fairhope, addressed the City Council and asked had the
site been Phase I? Ms. Milford replied the no further action letter has been
received from ADEM.
3. Ms. Milford stated that Mike McPherson with the Baldwin County
Trailblazers could not make it tonight, but wanted the City Council to know
that he in favor of the park.
The Public Hearing closed at 5:53 p.m.
Councilmember Quinn stated that she plans to talk with ADECA regarding the
maximum amount allowed for this grant.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to present an application to the Alabama
Department of Economic and Community Affairs for grant assistance, for acquiring
the Sweetwater Park property, from the Land Water Conservation Fund. Seconded
by Councilmember Ford, motion passed unanimously by voice vote.
ENT-N
25 August 2008
RESOULUTION NO. 1457-08
WHEREAS, the City of Fairhope proposes to acquire the Sweetwater Park Property
to provide for the health and well being of the general public; and
WHEREAS, the City of Fairhope intends to make application to the Alabama
Department of Economic and Community Affairs for grant assistance, for the Sweetwater
Park, from the Land Water Conservation Fund; and
WHEREAS, said programs are limited to funding a maximum of fifty percent (50%)
of the proposed project costs estimated at $100,000 which will be used to acquire .36 acres
for the purpose of developing Sweetwater Park to be used as an environmental, educational,
and public access project.
NOW THEREFORE BE IT RESOLVED, that the City of Fairhope, hold in reserve
fifty percent (50%) of the proposed project 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 25TH DAY OF AUGUST, 2008.
ATTEST:
Lisa . Hanks, City Clerk
Councilmember Christenberry 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 The Willows Subdivision
for maintenance. Seconded by Councilmember Stankoski, motion passed by the
following votes: AYE - Quinn, Stankoski, Christenberry, and Gentle.
Councilmember Ford recused himself.
25 August 2008
RESOLUTION NO. 1458-08
WHEREAS, the Owners of The Willows 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 2364-C, 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 General Superintendent 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 The Willows
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 The
Willows are hereby accepted for public maintenance subject to the bond posted.
Adopted, this 25th day of August, 2008
Attest:
isa A. Hanks, ity Clerk
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution, a resolution issuing a Certificate of Election to
Councilmember Lonnie L. Mixon — Place # 3. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
MW
25 August 2008
RESOLUTION NO. 1459-08
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, Newton E. Delchamps and Lonnie L. Mixon filed a statement of candidacy for the office of
PLACE #3 by 5:00 p.m. on the third Tuesday in July preceding the 26th day of August, 2008, the date set
for an election of municipal officers in the City of Fairhope, Alabama. Due to a written statement, dated
August 18, 2008, by Newton E. Delchamps requesting to be removed from the election ballot, and now that
only one person is nominated for the office, 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 of 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 is nominated for the office of
PLACE #3 due to the written withdrawal from Newton E. Delchamps, and now that only one person is
nominated for the office, and the name of such person is LONNIE L. MIXON, and;
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 November, 2008, 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 LONNIE L. MIXON 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 25TH IAY OF AUGUST, 2008.
Timaihv M.
Attest:
sa A. H nks, City Clerk
25 August 2008
Councilmember Christenberry moved to grant the request of Katherine
Dubuisson requesting permission to have alcohol at the Fairhope Beach Pavilion for
an engagement party on October 11, 2008 from 4:00 p.m. to 8:00 p.m. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
rr CF Fu1-
910 TARUTATION AND RECOMMENDATIOf
BIO NAME: TENT RENTAi. FOR NEW YEAR
UEUVERY AOUENOUM i. RETU0.NPDl RIU PRICE
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Councilmember Stankoski moved to accept the low bid of Blue Rents, Inc.
provided all specifications are met, for tent rental for New Years Eve Celebration
2008. Seconded by Councilmember Christenberry, motion passed unanimously by
voice vote. This expense will be offset by the City's rental of tents to individuals
and/or clubs for the event.
m:
25 August 2008
Councilmember Ford moved to address the following item not on the printed
agenda. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
Councilmember Christenberry addressed the City Council and mentioned the letter
received today from D. J. McInnes, the Director of Alabama Department of
Transportation ("ALDOT"), regarding the Greeno Road Median Project and the
owner of Green Nurseries and Landscape Design, Inc. Councilmember Christenberry
asked City Attorney Wynne if he could read the letter. City Attorney Wynne replied
this is a private matter between the parties. Councilmember Christenberry mentioned
that Mr. McInnes was monitoring the activities and said we need to get with a
decision.
City Attorney Marion E. Wynne read the following memorandum to enter into
an Emergency Executive Session for approximately 30 minutes:
August 25, 2008
�'M.aq:M. Kam. C.M.O.
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Council President Gentle
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City Councilmembers
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Location — City Hall Conference Room
As City Attorney Marion E. Wynne I hereby request the Fairhope City Council go
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into an emergency executive session for an update on possible litigation.
Mdmd A. Fad. A.C.M.O.
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City Attorney Wynne does hereby declare that the City Council of the City of
Di" W.0.-. A.C.M0.
Fairhope rise from a Regular City Council meeting, on Monday, August 25, 2008,
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to go into Executive Session.
•
The City Council shall be in Executive Session for approximately 30
minutes/h w +,)w At the end of the Executive Session the City Council shall return
the City Council Chambers to resume the Regular City Council meeting.
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The time is City Council exits the dais to go into Executive Session.
Bob tic tic, CityCouncil
.President
arion(EE.. Wyfine, City Attorney
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25 August 2008
Councilmember Quinn moved to go in to executive Session. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
At 6:02 p.m. All Councilmembers and the City Attorney exited the City Council
Chambers.
At 6:25 p.m. All Councilmembers and the City Attorney returned to the City Council
Chambers.
City Attorney Wynne stated that the City Council discussed the history and issues of
the Greeno Road Median Project and Green Nurseries and Landscape Design, Inc.
The City of Fairhope previously presented a settlement offer to the Greens and
presented this offer again to their attorney, Mr. Sweet, this morning. As of tonight,
we have not received a response to our offer. The City Council unanimously agreed
to give a 48 hour time limit on this settlement offer and if the offer is not accepted, it
is automatically withdrawn.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:25 p.m.
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Robert C. Gentle, Council President
sa4Hnks"' City Clerk