Loading...
HomeMy WebLinkAbout10-09-1972 Regular MeetingCT) STATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular ses sion at the City Administration Building, Monday, October 9, 1972 at 7:00 P.M., with the following members present: Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull. Minutes of previous meeting were approved. This being date set for public hearing on rezoning from R-: to B-1, Lots 7, 8, & 9, Block 10, Ingleside Highlands, protests were heard from Mr. W. C. Pitman, Mrs. Marion Phillips and Mrs. Virginia Croswell. Mr. Matthew Dial spoke in .his own behalf. After general discussion, Councilman Ed Bishop introduced the fo: lowing Ordinance. ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 13, DISTRICT BOUNDARIES OF ZONING ORDINANCE NO. 295. BE IT ORDAINED by the City Council of the City of Fairhope, Alabama that the following described property be rezoned from R-1 to B-1 as recommended by the Planning and Zoning Commission pro- vided 40 feet of additional land be dedicated to City on the east side and 10' planting of prescribed shrubbery with suggested old brick fence on the North and West,sides and structure be compa- tiable with the surrounding area. Lots 7, 8, & 9, Block 10, Ingleside Highlands. Motion by Councilman Shull seconded by Councilman Ed Bi that the following Resolution be adopted. Motion carried. RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA ASSENTING TO THE VACA- TION BY DECLARATION OF CERTAIN PROPERTY IN A STREET IN HOYLE-WORCESTER SUBDIVISION. BE IT RESOLVED THAT WHEREAS, the petition dated September 22, 1972 request- ing assent of the City Council'of the City of Fairhope was pre- sented to the City of Fairhope, all for the vacation of certain property in Fairhope, Alabama lying between lot 7 of block 1 and lot 4 of Block 2 of Hoyle -Worcester Subdivision according to the official plat thereof recorded in Map Book 1, Page 1, Bladwin County Alabama Probate Records and WHEREAS the said petition was presented to the Council and consideration in open session on the 9t.h day of October, 197� and WHEREAS the ppti'tioner, Emperor Clock Company, Inc.,a Corporation, is the only abutting owner of that portion of the street sought to be vacated and WHEREAS, the said street has never been opened or used by the public and, WHEREAS, no other property owner will be denied con- venient accass or ingress or egress to their property by vaca- tion of the property sought to be vacated, now, THEREFORE, the City Council of the City of Fairhope, Alabama does consent and agree and by these presents does give its consent and agreement to the vacation of the said portion of the said street described as follows: A strip of land lying in the street between Blocks 1 and 2 of Hoyle -Wor- cester Subdivision according to the official plat thereof recorded in Map Book 1, Page 1, Bladwin County, Ala. Property description -continued: Probate Records which lies between Lot 7 of Block 1 and Lot 4 of Block 2 in said subdivision being 50 feet.in width andi.102 feet in length. It if further directed that a copy of this assent be certi' fied and delivered to the said Emperor Clock Company, Inc., a corporation, for recording according to the laws in such cases made and provided. Motion by Councilman Box seconded by Councilman Ed Bishop that Councilman H. G. Bishop be authorized to sign checks drawn on City funds in the absence of Mayor Nix. Motion carried. Motion by Councilman H. G. Bi.•shop seconded'by Councilman Ed Bishop that the following Resolution be adopted. Motion car- ried. RESOLUTION BE IT RESOLVED BY THE `CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that James P.Nix, Mayor and Marie'Moore, Clerk of the City of Fairhope, Alabama, are to have access to the safety de- posit box in the First National Bank of Fairhope belonging to the City of Fairhope and' all previous appointments authorizing per- sons to have access to the safety deposit box for the City of Fairhope be, and the same are hereby revoked and the First Nation Bank of Fairhope.-iis authorized to rely on this notice until noti- fied in writing of revocation of such authority. ' Councilman Box introduced the following Ordinance. ORDINANCE NO.- �-JZ AN ORDINANCE TO ESTABLISH A MANDATORY RETIREMENT` FOR ALL SALARIED CITY EMPLOYEES AT AGE SIXTY-FIVE (65), EXCEPTING THERE- FROMAALL ELECTED OFFICIALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHO ALABAMA AS FOLLOWS: SECTION 1. That there is hereby established a mandatory retirement for all salaried employees, excepting threfrom electe officials, at the age of sixty-five (65) years, or within thirty days thereafter. SECTION 2. That whenever any salaried city employee reac the age of sixty-five years (05) years, and is retired, the said salaried employee must meet all of the requirements of the pre- sent retirement system prior to the termination of his of her employment with the City of Fairhope, SECTION 3. Any and all Ordinances or Resolutions in con- flict herewith are hereby repealed. SECTION 4. Should any section or provision of this Or- dinance be held to be invalid by anf Court of competent juris- diction, such holding shall not effect the validity of any other section or provision of this Ordinance, which is not of itself invalid. THIS ORDINANCE shall become effective January 1, 1973 aft due passage, enrollment and publication. ADOPTED this the day, ATTJEST: 41ty Clerk, Ilarie Moore 1972 L1 Ed Motion by Councilman Box seconded by Councilman Ed Bishop that due to the regisnation of Mr. James Lipscomb from the Li- brary Board, Mrs. Byrd Lee Moore, Jr., be appointed to fill Mr.. Lipscomb's unexpired term ending May 4, 1973. Upon being put to vote the following vote was recorded: Voting Aye: Mayor Nix, Councilmen: Ed Bishop, Box, Deese andShull. Voting Nay: None. Councilman H. G. Bishop abstained from voting. Motion carried. Motion by C,puncilman Box seconded by Councilman H. G. Bishop that Mr. John V. Duck be appoirtediCity Attorney. Motion carried. Motion by Councilman Box seconded by Councilman H. G. Bishop that Mr. Roy White be appointed as City Recorder for six months term at which time it will come before Council for re- evaluation. Upon being put to vote the following vote was re- corded: Voting lye: Mayor Nix, Councilmen: H: G. Bishop and Box. Voting Nay: Councilmen: Ed Bishop; Deese and Shull. Results of the vote were tied. Mayor Nix cast a second Aye vote to break the tie and the motion carried. Motion by Councilman Box that the request of Schermer Pecan to place two dryers on City right-of-way for approximately two months be denied. Motion died for lack of a second. Motion by Councilman H. G. Bishop seconded by.Councilman Shull that the request of Schermer;pecan Company be granted for two months. Upon being put to vote th'6Xollowing vote was recorded: Voting Aye: Mayor Nix, Councilmen: Ed Bishop, H. G. Bishop, Deese and Shull. Voting Nay: Councilman Box. Motion carried. Motion by Councilman`•H.$G. Bishop seconded �by Council- man Shull that bill of Eugene,Bosby for hauling garbage in amount of $642.00 be approved for paymept'in;addition to regular salary. Motion carried. Request that the intersection of Fairwood Blvd., and Fairhope Ave., be corrected when permanent curb is installed was presented. Motion by Councilman H. G. Bishop seconded by Councilman Deese that upon the Engineers recommendations,the necessary work be done to correct the situation. Motion carrie Motion by Councilman Shull seconded by Councilman Deese that request for Beer Permit at Winn -Dixie be granted. Council- man Ed Bishop abstained from voting. Motion carried. Motion by Councilman Deese seconded by Councilman Box that the request for Beer Permit at Sun Set Lounge be granted. Councilman Ed Bishop abstained from voting. Motion carried. Motion by Councilman Box seconded by Councilman Shull that Mr. Leo ( Bud) Gilheart be appointed Chief of Police. Motio carried. Motion by Councilman H. G. Bishop seconded by Councilman Shull that Council accept recommendation of Planning Board on Ec Warley property by resubdividing Lots 28 and 29, Block 13, Volax to make two 95 X 132 foot lots fronting on Bon Secour. Motion carried. Motion by Councilman Shull seconded by Councilman H. G." Bishop that the following Resolution be adopted: W, lta 17 RESOLUTION WHEREAS, The Corps of Engineers announced receipt of ap- plication for renewal of permits to dredge oyster shell reefs in Mobile Bay and are now considering said renewal, and WHEREAS, The American Legion membership, the Elks Lodge membership, the Fairhope Yacht Club membershop and the Veterans of Foreign Wars membership have all passed resolutions at their regular meetings by unanimous vote opposing renewal of oyster reef dredging permits, and W, WHEREAS, Mobile Bay and beaches are most important re- creational assets to our residential and tourist type economy, and the City recently constructed a municipal pier in the bay costing over one half million dollars, and WHEREAS, Fairhope is -now engaged in building a new and expanded sewage system that will cost the taxpayers nearly two million dollars for the purpose of preventing pollution and protecting Mobile Bay, and WHEREAS, Other municipalities and industries are spending large amounts of money that will have to be paid by taxpaydrs and buyers in order to correct pollution problems causing ad- verse effects on Mobile Bay, and WHEREAS, The vast majority of citizens believe that the most deleterious effects suffered by Mobile Bay during the past several years are caused by the continuous dredging of oyster reefs from under the normal bottom and discharging a filthy spoil that travels for miles keeping the water in a constant state of discoloration, ruining the beaches, killing grass beds, and decreasing all sea life. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of Fairhope, Alabama that this body desires to go on record with all appropriate authorities, and specifically the U. S. Army Corps of Engineers_, as opposing granting of any permit to any person, firm, or corporation to dredge any oyster reef in Mobile Bay or surrounding waters. %Gvernor T FURTHER RESOLVED that a copy of this resolution be sent to George C. Wallace, he Corps of Engineers, the EPA, andIfs _ , Signed ames r Uponbeing put to vote the following vote was recorded. Voting Aye: Mayor Nix, Councilmen: Ed Bishop, H. G. Bishop, Dees and Shull, Voting Nay: Councilman Box. Motion carried. Motion by CouncilmaiiBox, seconded by,Councilman Shull that the First National Bank of Fairhope be designated as the depositary for all funds to, be received directly,from the U. S. Treasury Department resulting from contract number H-302-5127 executed with the U. S. Department of Housing and Urban Develop- ment for deposit to the City of Fairhope, Project WS-AlA-149. Motion carried. Councilman.H.'G.`'Bishop abstained from voting. 0 Mayor Nix appointed Council members to Departments as fol- lows: 011ie Deese - Street Department Sam Box - Gas, Water and Sewer Dept. H. G. Bishop - Finance Barney Shull - Parks and Recreation David E. Bishop - Electric Dep`,artment Motion by Councilman Box seconded by Councilman Shull that Robert M. Brooks be employed as Executive Secretary. Motion carried. Motion,by Councilman Shull seconded by Councilman Deese that salary schedule be accepted as presented. Motion carried. Mr. St. John, Electrical Engineer, gave a report on Electric Rates and Power Cost Analysis. Motion by Councilman Shull seconded by Councilman Box that Council accept report and commend Mr. St.John on his re- port and that Council take report under study until the next regular meeting of the Council. Motion carried. Upon motion, duly seconded and carried, meetin..adjourned es r. ivix, ATTEST: ` Marie Moored City Clerk 1 S 01 S 11. The discussion isn't legal at this meeting. A. Not on"the Agenda Be All Councilmen not notified. 2. Baldwin County Court's opinion was such as to place the burden of the dredges operation on the Body Itthat issued the licenses. A. State has control of licenses. Be State has control of Bay. 3. No positive proof against dredging has been presented to require a shutdown. A. Federal Monitors haven't produced a cause to shut down the "Mallard". Be The State hasn't produced sufficient evidence. 4. The proper authority for any action on dredging should be initiated with State body ---not City bodies. They (the State) would look upon a City ►;.unfavorable when (the City) trys to regulate State businessess. 5. The Mobile Port / or its expansion could be seriously affected. as well as the T/Tom Waterway if the Cities along the shoreline objected to existing Industry that is important to its growth. 6. The "closing -down" could possibly raise the operation cost so high that the industry would be foreed to re-locate."leaving the families other income in jeopardy. 7• The "Mallard" has been singled out as the "Villian" - yet other Industry has not been mentioned. A. What about Eastern Shore establishments and residence using the Bay for overflow sewers from septic systems. Be Cruisers, Yachts, Pleasure Boats, Campers, Tugs, Steam- boats are probably ]contributing more to pollution of the Bay than the "Mallard". 8. Fish kills have come from. the streams flowing into the Bay-- not from the Bay or Bay Activities.' ` 9. I am against Bay pollution -Air Poiluti,on or Pollution by any nature. I am also in favor of opposing oil well leases in the Bay ---in any form. Bitt I am just 'As • concerned ,.with: 1. The danger of singling out any industry. 2. Regulating a State License. 3. Individual and Business Pollution. 4. Economic impact. 5. Future businesses depending on the "Mallard" 10. In�short - the State holds the power. A"phase-out" is better than a "close-out". Positive proof presented to lawful bodies in a lawful form will net more success than operating as a pressure group who strongly indicates character assination more than what Is good for the entire Eastern Shore and Fairhope. �.