HomeMy WebLinkAbout09-14-1992 Regular Meeting1325
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session
at 5:30 pm; Fairhope Municipal Complex Council Chamber;
161 North Section Street; Fairhope, Alabama 36532; on
Monday, 14 September 1992.
Present were Mayor James P. Nix; Councilmembers Jeanette
Puckett, David E. Bishop, Michael A. Ford, and John V. Duck;
City Attorney Marion E. Wynne and City Clerk Evelyn P. Phillips.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the August 24-26, 1992, regular session
were duly approved.
Councilwoman Puckett introduced the following resolution
in writing. Councilman Bishop moved for its adoption, seconded
by Councilmen Ford and Duck. Unanimous vote of adoption
by Puckett, Nix, Bishop, Ford, and Duck. A framed copy
was immediately presented to Mrs. Jean White, daughter Debbie
White Quinn, and other family members, by Mayor Nix after
having read it aloud:
RESOLUTION NO. 380-92
WHEREAS, the people of our city have been shocked and grieved
by the death of ROY C. WHITE, an honored and respected City
Councilman; and
WHEREAS, his years of service have been marked by exemplary
dedication to the best interests of the community as he worked
for the betterment of its economic, cultural, recreational, and
aesthetic development; and
WHEREAS, he justly earned the respect, admiration and high
regard of all with whom he came into contact, and the community
has sustained a great loss in his death;
NOW THEREFORE, BE IT RESOLVED that this City Council, speaking
on behalf of all our citizens, hereby extends to the members
of his family this expression of sincere regret for his loss,
and the hope that they will be consoled by the memories of his
fine life and achievements.
BE IT FURTHER RESOLVED that this memorial be spread upon the
records of this city government and that a copy be presented
to the widow and family of the deceased.
ADOPTED THIS 14th DAY OF SEPTEMBER, 1992.
Jayhes P. Nix, Mayor
ty Chi/e r
14 September 1992 1326
A public hearing was held as advertised on an application
for a Club Liquor License by James B. Marshall, dba THE
RENAISSANCE CAFE, 10i North Section Street. No one present
was opposed to the license. There was police approval of the
applicant. Councilwoman Puckett said she would like to see
the Cafe operate for a while under their Restaurant Liquor
License due to the fact that no restaurant has ever been at
this location. After some discussion, Councilman Bishop moved
to table the application. Seconded by Councilman Ford, motion
to table passed unanimously. (Proof of publication was presented.)
A public hearing was held as advertised on an application
for a Club Liquor License by James R. Kennerson, dba THE HALF-
TIME PUB & GRUB, 902 Morphy Avenue. Proof of publication was
presented. No one present was opposed to the license. There
was police approval of the applicant. Councilman Ford remarked
that a Club Liquor License was previously approved for this
location while it was operated as Dusty Rhoades Restaurant and
as The Walkabout, and he moved to approve the application.
Seconded by Councilman Duck, motion passed unanimously.
Mayor Nix recognized Baldwin County Commissioner Windy Allen.
Ms. Allen was present to discuss last Friday's announcement
by the County Commission that they were going to act on a pro-
posal to purchase a building in Robertsdale and close the Fair -
hope and Foley satellite courthouses, along with several other
county offices, at their next meeting on Tuesday, September
15th. This short notice gives little time for anyone opposed
to this action to speak. After discussion, Councilman Duck
presented the following written resolution, and moved for its
adoption, and also to authorize the Mayor to take the resolution
to tomorrow's Commission meeting in Bay Minette. Seconded by
Councilman Ford, motion passed unanimously:
RESOLUTION NO. 381-92
WHEREAS, Fairhope is geographically located in the center of
what is commonly known as the Eastern Shore; and
WHEREAS, the location of a Satellite Court House in Fairhope
in the 1980's has proven to be of much value to all who have
had need of the services provided by the Court House; and
WHEREAS, there is a possibility that the Baldwin County Com-
mission is going to close down the Satellite Court House in
Fairhope, along with other County offices;
THEN THEREFORE, BE IT RESOLVED that We, the Governing Body
of the City of Fairhope, Baldwin County, Alabama, do hereby
go on record in opposition to said proposed closing as such
action is not in the best interests of the citizens of the
City of Fairhope, nor of the citizens of the Eastern Shore,
nor of the County of Baldwin.
ADOPTED THIS 14th DAY OF SEPTEMBER, 1992.
S N. N1X, Mayo
r
14 September 1992 1327
A public hearing was held as advertised on Ordinance No. 900,
an ordinance to amend the Zoning Ordinance by establishing a
Planned Unit Development section. The Planning & Zoning Com-
mission recommended adoption of this ordinance. No one present
was opposed. Councilman Bishop introduced Ordinance No. 900.
In order to take immediate action, Councilman Bishop moved to
suspend the rules. Seconded by Councilman Ford, motion to suspend
passed unanimously by the following vote: AYE -Puckett, Nix,
Bishop, Ford, and Duck. NAY -None. Councilman Duck then moved
for final adoption of Ordinance No. 900. Seconded by Councilwoman
Puckett, motion to final adopt passed unanimously by the following
vote: AYE -Puckett, Nix, Bishop, Ford, and Duck. NAY -None.
Council reviewed a Petition for Annexation by Victor 0.
and Judith A. Campbell, owners of Lot 34, Fairhope Acres Sub -
Division, located south of the corporate limits and east of
County Road 48. After discussion, Councilman Bishop introduced
Ordinance No. 901 to annex the Campbell property, in writing.
In order to take immediate action, Councilman Duck moved to
suspend the rules. Seconded by Councilman Ford, motion to suspend
passed unanimously by the following vote: AYE -Puckett, Nix,
Bishop, Ford, and Duck. NAY -None. Councilman Bishop then moved
for final adoption of Ordinance No. 901. Seconded by Councilman
Duck, motion to final adopt passed unanimously by the following
vote: AYE -Puckett, Nix, Bishop, Ford, and Duck. NAY -None.
Council reviewed a Petition for Annexation by William M.
and Henry Jones, owners of 3 parcels located at 572 and 574
Fairland Avenue, southward of corporate limits. After discussion,
Councilwoman Puckett introduced Ordinance No. 902 to annex the
Jones' property, in writing. In order to take immediate action,
Councilman Bishop moved to suspend the rules. Seconded by
Councilman Duck, motion to suspend passed unanimously by the
following vote: AYE -Puckett, Nix, Bishop, Ford, and Duck.
NAY -None. Councilman Duck then moved for final adoption of
Ordinance No. 902. Seconded by Councilman Ford, motion to final
adopt passed unanimously by the following vote: AYE -Puckett,
Nix, Bishop, Ford, and Duck. NAY -None.
Council reviewed a Mortgage, an Agreement, and a Note offered
in lieu of a performance bond on White Grove SubDivision, Unit 2,
by the owners: BTC, Inc. After discussion, Councilwoman Puckett
introduced in writing the following resolution (to accept main-
tenance of streets & utilities), and moved for its adoption*
provided a typing error in the Mortgage is corrected. Seconded
by Councilman Duck, motion passed unanimously:
*and the acceptance of the Mortgage, Agreement, and Note.
(See Res. No. 382-92 on next page...)
1328
RESOLUTION NO.
WI-IRREAS, BTC,inc., the Owners of White Grove Subdivision
Unit 2 are desirous of having streets and utilities
therein accepted for maintenance by the City Council in
order that building permits may lawfully issue, and;
W1-11REAS, the General Superintendent of the City represents
that the physical improvements in the nature of strec=ts,
drainage and utilities have been installed in substantial
conformity with City requirements, and;
WHEREAS, the Building/Zoning Officer of the City
represents that he has received Engineer's Certified As-
huilt. Plans, test reports and lateral locations
substantially as required by Chapter 19 of the Code of
Ordinances, and;
WHEREAS, BTC, Inc. in lieu of required maintenance bond has
filed with the City an'Agreement for financial guaranty,
which Agreement has been approved by the Council and which
the Council has authorized the Mayor to execute and which
.Agreement has been executed by the Mayor, and;
WHEREAS, pursuant to said Agreement, BTC, Inc. has caused
to be executed in favor of the City of Fairhope, Alabama
a certain Mortgage and Promissory Note secured by the
lands in said White Grove Subdivision, and;
WHEREAS, the Principals of BTC, Inc. have further secured
the City's interest by their personal endorsement affixed
to said Promissory Note, and;
WHEREAS, the Plat of White Crove Subdivision, having been
recorded in the Probate Records of Baldwin County, Alabama
as Slide No./3-/�=/3, delineates thereon the streets
therein as public ways;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the streets and utilizes
within White Grove Unit 2 be and the sarne hereby are
accepted for public maintenance subject to the financial
guaranty posted.
ADOPTED this the �`?day of _ _____________ 1992.
ATTEST: Jame P. Nix, Mayor
Evelyn Phillips, ty Clerk
14 September 1992
1329
Councilman Bishop introduced in writing, and moved for the
adoption of, the following resolution. Seconded by Councilman
Ford, motion passed unanimously:
RESOLUTION NO. 383-92
WHEREAS, the City of Fairhope advertised for proposals and directly con-
tacted known qualified firms in order to obtain proposals for the provision
of administrative services for CDBG Project No. SM-CM-RR-92-013; and
WHEREAS, Phillip Roth & Associates was the sole provider submitting a
proposal; and
WHEREAS, based on the City's understanding of ADECA's current policy relating
to procurement of professional services, a contract may be entered into
under these circumstances provided the proposed contract amount is reasonable;
WHEREAS, it has been determined that it is in the best interest of the City
of Fairhope to enter into a contract with Phillip Roth & Associates, and
that the proposed contract amount is reasonable and justified;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope,
Alabama, as follows:
Section 1. That, based on the City's current understanding of procurement
policy of ADECA, the acceptance of the proposal of Phillip Roth & Associates
for the provision of professional services for the administration of CDBG
Project No. SM-CM-RR-92-013 has been determined to be in the best interest
of the City of Fairhope, and that the proposed fee has been accepted as
reasonable based on the complexity of the project and the amount and nature
of the local match to be provided by the City.
Section 2. That the City of Fairhope enter into an agreement with Phillip
Roth & Associates for the provision of administrative services, said
Agreement forwarded to the Office of the Mayor.
Section 3. That this action is based on the current interpretation of
ADECA procurement policy which is acknowledged by this resolution and ADECA
policy on file.
Section 4. That James P. Nix, in his capacity as Mayor, is hereby authorized
and directed to execute said Agreement on behalf of the City of Fairhope.
PASSED, ADOPTED AND APPROVED
Attest
� q&1'JA_ 9 -
Evelyn . Phillips, City V erk
THIS 14th DAY
OF
SEPTEMBER,
1992.
James
P.
Nix, Mayor
of Fairhope
Councilwoman Puckett introduced in writing, and moved for
the adoption of, the following resolution. Seconded by Council-
man Bishop, motion passed unanimously:
(Res. No. 384-92 on next page...)
14 September 1992 1330
RESOLUTION NO. 384-92
WHEREAS, two signatures are required on all monetary
transactions of the City of Fairhope; and
WHEREAS, travel is sometimes required of the Mayor and
of the City Clerk -Treasurer and provision should
be made to cover monetary requirements of the
City in the absence of one or both; THEN, THEREFORE
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE
that all Financial Depositories where monies of the City are
deposited, whether in checking, savings, or other type accounts,
currently or in the future; be and hereby are advised that
any two of the following signees are authorized to sign any
monetary transaction between said Depositories and the
City of Fairhope, Alabama:
P. Nix, Mayor
. Duck, Councilmember
P. Phillips,City Clerk -Tres.
d A. Dunning, City Accountant
BE IT FURTHER RESOLVED that Evelyn P. Phillips and Richard
A. Dunning are hereby authorized to use a facsimile sig-
nature for routine checks and paperwork:
Sample: Sample:
BE IT FURTHER RESOLVED that a certified copy of this resolution
be sent to all Depositories as authorization of, and as a
record of, above signee signatures. -
ADOPTED THIS 14th DAY OF SEPTEMBER, 1992.
Attest U
ul�� a � 9
City Clerk
-----------------------------------------------
I certify this to be a true and correct copy of Res
Body in regular session on 14 September 1992.
s P. Nix, Mayor
No. 384-92 as adopted by the Governing
City Clerk
Date
14 September 1992
1331
Councilman Ford moved to appoint Robert (Bob) Lunsford to the
Architectural Review Committee for the Industrial Park. Seconded
by Councilman Duck, motion passed unanimously.
Councilman Duck moved to delete Randall Duffy from the Police
Reserve roster for insurance purposes. Seconded by Councilman
Ford, motion passed unanimously.
Councilman Bishop moved to approve the writing -off to Bad
Debts of the following miscellaneous uncollectible accounts.
Seconded by Councilman Duck, motion passed unanimously:
NAME (No known address) LAST PAID GEN ELEC W&S GAS
Terry Reeves No Pmts. 368.75
Mike Houston 5/86 25.00
Donald Nelson 5/91 100.00
Stephen Robbins No Pmts. 100.00
Mary Carnley 7/82 326.09
Shirley Dortch 10/84 213.36
Robert Goldsmith 10/81 550.00
Total- $1,683.20
1,089.45 368.75 125.00 100.00
Councilman Bishop introduced in writing, and moved for the
adoption of, the following resolution. Seconded by Councilman
Duck, motion passed unanimously:
RESOLUTION NO. 385-92
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor James P. Nix is hereby authorized to
execute a Memorandum of Agreement between the City and the
ALABAMA FORESTRY COMMISSION for the purposes of accomplishing
the activities described in the Project Narrative.
ADOPTED THIS 14th DAY OF SEPTEMBER, 1992.
Attest
LJ� 9
City C1 rk
Councilman Duck moved to authorize Mayor
a Consent to Partial Vacation of Easement as
and Amy Holman, the owners of Lot 7, Spanish
Fifth Addition. Seconded by Councilman Ford,
unanimously.
r
Nix to execute
requested by John
Fort Estates,
motion passed
Councilwoman Puckett moved to authorize the closing of the
City Landfill to Contractors for the disposing of lot -clearing
or structure -demolition debris effective 15 September 1992.
Seconded by Councilman Duck, motion passed unanimously.
14 September 1992 1332
Council discussed amendments to the current 1991-92 Budget
partially due to the City's buying of the Airport Buildings;
and the unanticipated revenues from renting space to Warner
Brothers Movie Company. Councilman Duck moved to approve the
1991-92 Amended Budget as presented. Seconded by Councilwoman
Puckett, motion passed unanimously.
Councilman Duck moved to authorize Mayor Nix to write a
letter to the Baldwin County Commission requesting that they
open and pave Troyer Road from Morphy Avenue to County Road #48
to help with traffic to the new High School; and to offer to
contribute as much as $10,000 on the cost of this project.
Seconded by Councilman Ford, motion passed unanimously.
Council took the following action on bids:
APPROXIMATELY 6,000 LBS PERENNIAL RYEGRASS, DELIVERED TO GOLF COURSE:
Vendor Cost Delivery
Terra International
Summerdale
$
4,470
5 days
Tieco
Pensacola, Fl
$
5,040
As specified
Sunbelt Seeds
Norcross, Ga
$
5,340
7 days
Lesco, Inc
Rocky River, Oh
$
5,340
10-15 days
Kelly Seed Co
Hartford
$
5,040
30 days
Green Seeds
Gallatin, In
$
53646
30 days
Florida Seeds
Brewton
$
4,797
30 days
Gulf Shore Turf Supply
Pensacola, F1
$
4,998
As specified
There was No Response from Don Cotton & Company of Andalusia and Normarc Seed Company of
Tangent, Oregon; No Bid from Beard Equipment of Pensacola, F1, and Old Tyme Feed and Garden
Company of Fairhope.
It is recommended to accept the low bid by Terra International.--T.Mitchell--W.Smith
Golf Grounds Purch. Agt.
Councilwoman Puckett moved to accept the low bid of $4,470.00 by Terra International Company,
provided all specifications are met. Seconded by Councilman Bishop, motion passed unanimously.
STRUCTURE AND ROOF REPAIR/RENOVATION - WAREHOUSE
Four bid requests were sent out. There was no response from E.J. Builders of Foley nor from
Longcrier Construction of Gulf Shores; a No Bid was received from Boothe Construction of Mobile;
Kemko, Inc., of Daphne, entered a bid of $59,967.00.
It is recommended to accept the bid by Kemko, Inc. --T. Kant --W. Smith
Public Works Purch. Agt.
Councilman Ford moved to accept the bid by Kemko, Inc., at $59,967.00, provided all specifications
are met. Seconded by Councilman Duck, motion carried by the following vote: AYE -Puckett, Nix,
Ford, and Duck. NAY -Bishop.
STUCCO AND INTERIOR RENOVATION - WAREHOUSE
Four bid requests were sent out. There was no response from E.J. Builders of Foley nor from
Longcrier Construction of Gulf Shores; a No Bid was received from Kemko, Inc., of Daphne;
Boothe Construction of Mobile entered a bid of $65,472.00.
It is recommended to accept the bid by Boothe Construction. --T. Kant --W. Smith
Public Works Purch. Agt.
Councilman Duck moved to accept the bid by Boothe Construction, provided all specifications
are met. Seconded by Councilwoman Puckett, motion passed unanimously.
14 September 1992 1333
FOR GAS METERS - PRICE GOOD ONE YEAR - PURCHASED AS NEEDED
Vendor
Price Each
Delivery
Warranty
Gaines Measurement &
Controls
Birmingham
$ 59.49
1 week
15 years
Carolina Moldings
Charlotte, NC
$ 50.00
2 weeks
unsatisfactory
M.T. Deason Company
Birmingham
$ 54.00
2 weeks
unsatisfactory
Equipment Controls
Norcross, Ga
$ 57.66
unsatisfactory
unsatisfactory
There was No Response
from Port City Pipe of Mobile, Superior Pipe of Pelham,
and
Schlumbergen Industries
of Fayetteville, Ga.
It is recommended to
accept the lowest responsible bid
by Gaines Measurement
& Controls of
Birmingham at $59.49.
--S. Seay --W. Smith
Gas Supt. Purch. Agt.
Councilman Duck moved to accept the bid by Gaines Measurement & Controls, provided all speci-
fications are met. Seconded by Councilman Bishop, motion passed unanimously.
FOR PUSH MACHINE - (FOR ROAD BORES) - ELECTRIC DEPT.
Vendor Price
Vermeer Sales & Service
Pensacola, F1 $ 6,390.00
Dixie Pow-R Mole
Peachtree City, Ga $ 5,869.55
Jack Boring Equipment
Delta Gas- $ 9,525.00
Diesel- $11,025.00
Ditch Witch
Mobile
alt
$ 6,866.60
$ 7,325.00
Delivery
10 days
10 days - does not meet specs
14 days
14 days
10 days
10 days
It is recommended to accept the lowest bid meeting specifications, Vermeer Sales & Service,
at $6,390.00. --A. Norris --W. Smith
Electric Supt Purch. Agt.
Councilman Bishop moved to accept the low bid meeting specifications. Seconded by Councilman
Duck, motion passed unanimously.
Newman's Medical Services, Inc., made a request for a City
License to operate Ambulance/Paramedical services as required
by the City licensing ordinance. Mr. Kenny Newman was present
representing Newman's. A large group was also present repre-
senting LifeStar Ambulance Service, a local business, headed
by owner Gary Sandell. After much discussion, Councilman Bishop
moved to take Newman's request under advisement, stating he
would like to have more time to study the information presented
tonight before any action is taken. Seconded by Councilman
Duck, motion to take action after a study period passed unanimously
City Engineering Consultant Ack Moore presented a final
Change Order (#4) on the Marlow Waterline Project, increasing
Meador Contracting Company's contract by $8,820.38. After dis-
cussion, Councilman Duck moved to approve the Change Order.
Seconded by Councilwoman Puckett, motion passed unanimously.
Mr. Moore also presented a final Change Order (#2) on the
sewerline replacement project, increasing James Brothers contract
by $2,058.00. After discussion, Councilman Bishop moved to
approve the Change Order. Seconded by Councilman Duck, motion
passed unanimously.
14 September 1992
1334
Councilwoman Puckett moved to pay bills as presented.
Seconded by Councilman Ford, motion passed unanimously.
Mayor Nix recognized Tim Kant for achieving certification
as a "Certified Arborist" by an international Arborculture
Organization. He is one of only 15 such Arborists in the
State of Alabama.
Meeting was duly adjourned at 6:43 pm.
s P.J Nix, Mayor
D
City C rk