HomeMy WebLinkAbout11-09-1992 Regular Meeting1351
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, 9 November 1992.
Present were Mayor James P. Nix; Councilmembers John V. Duck,
Michael A. Ford, David E. Bishop, Jeanette Puckett, and
Layton Overstreet; City Attorney Marion E. Wynne and City Clerk
Evelyn P. Phillips. No one was absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 26 October 1992 regular session were
duly approved.
Councilman Bishop introduced in writing Ordinance No. 903,
an ordinance revising Chapter 5 "Animal Control" of the Fair -
hope Code of Ordinances. In order to take immediate action,
Councilwoman Puckett moved to suspend the rules. Seconded
by Councilman Ford, motion to suspend passed unanimously
by the following vote: AYE -Duck, Ford, Bishop, Puckett, Nix, and
Overstreet. NAY -none. Councilwoman Puckett then moved for
the final adoption of Ordinance No. 903. Seconded by Councilman
Duck, motion to final adopt Ordinance No. 903 passed unanimously
by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett,
and Overstreet. NAY -none.
Councilman Overstreet introduced in writing, and moved
for the adoption of,the following resolution. Seconded by
Councilman Duck, motion passed unanimously:
(Res. No. 389-92 follows on the next page.....)
RESOLUTION
11 389- 912-
CITY OF FAIRHOPE
1352
WHEREAS, Section 402(p) of the Clean Water Act (CWA) Amendments of 1987
require a phased approach to control pollutants in stormwater discharges,
including permit application requirements, permit issuance deadlines, and
permit compliance conditions for different categories of stormwater
discharges; and,
WHEREAS, in compliance with the requirements of Section 402(p) of the
CWA, the U. S. Environmental Protection Agency (EPA) has established and
published final regulations governing stormwater discharge permit
application requirements under the National Pollutant Discharge
Elimination System (NPDES) program; and,
WHEREAS, said permit application requirements pertain to stormwater
discharges associated with industrial activity; discharges from large
municipal stormwater systems; and discharges from medium municipal
separate stormwater systems; and,
WHEREAS, the Alabama Department of Environmental Management (ADEM) is the
State agency charged with the delineation of municipal areas that must
obtain an NPDES permit for stormwater discharge, as well as with the
approval of the permit; and,
WHEREAS, ADEM has delineated a metropolitan area in Mobile County that
includes the Cities of Mobile, Prichard, Chickasaw, Saraland, Satsuma and
Creola and part of the unincorporated area of Mobile County; and an area
in Baldwin County that includes the Cities of Daphne and Fairhope and
part of the unincorporated area of Baldwin County; and,
WHEREAS, each of the aforesaid local entities agreed by resolution to
participate, under the coordination of the South Alabama Regional
Planning Commission (SARPC), in a single metropolitan NPDES stormwater
permit process on a shared cost basis, thus significantly reducing the
cost to each participant; and,
WHEREAS, the cost basis for the Part 2 requirements is also a pro rata
share based on the population of each local entity in the designated
metropolitan stormwater management area as indicated in the following
data:
1990 Census of the Pro Rata Share of the
Urban Stormwater Urban Stormwater
Entity Area Population Sampling Costs
Mobile County
39,457
11.9
Mobile City
196,278
59.3
Prichard
34,311
10.4
Chickasaw
6,649
2.0
Saraland
11,751
3.5
Satsuma
5,194
1.6
Creola
1,896
0.6
Baldwin County
15,691
4.7
Daphne
11,290
3.4
Fairhope
8,485
2.6
TOTAL
331,002
100.0
NOW THEREFORE, BE IT RESOLVED, BY THE City of Fairhope as follows:
1. The City of Fairhope will pay its pro rata share of the required
ongoing stormwater sampling costs to the South Alabama Regional
Planning Commission, local coordinator of the project in Mobile and
Baldwin Counties.
2. The City of Fairhope will cooperate with the SARPC and participating
metropolitan entities in the selection of a professional laboratory
with whom to contract for the collection and analysis of samples
from the sites submitted to and approved by ADEM.
3. The City of Fairhope hereby appoints PWik TU Z11-'K '0RD as its
official contact person for all matters connected with the ongoing
stormwater sampling process.
4. The Mayor of the City of Fairhope is hereby authorized to furnish
all information and sign all documents, contracts and other
requirements necessary to ensure compliance with all Federal and
State regulations regarding the urban stormwater permit that may be
issued for
rrtthe metropolitan Mobile -Baldwin stormwater area.
Adopted this -(rr" day of 1992, by the City of
Fairhope.
ATTEST MA
9 November 1992 1353
Councilman Bishop introduced in writing, and moved for
the adoption of, the following resolution. Seconded by Council-
woman Puckett, motion passed unanimously:
RESOLUTION NO. 390-92
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT THE FOLLOWING 1992 HOLIDAYS WILL BE OBSERVED BY
ALL CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES:
VETERANS DAY - WEDNESDAY, NOVEMBER 11
THANKSGIVING - THURSDAY & FRIDAY
NOVEMBER 26 & 27
CHRISTMAS - THURSDAY & FRIDAY
DECEMBER 24 & 25
NEW YEARS DAY - FRIDAY, JANUARY 1, 1993
DULY ADOPTED THIS 9th DAY OF NOVEMBER, 1992.
Attest
Thereupon,
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. Nix, Mayor
the following written resolution was introduced
by Mr. Duck and considered by the City Council:
(Res. No. 391-92 follows on the next page...)
9 November 1992
1354
RESOLUTION NO. J3( %
A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF
A CONTRACT FOR THE PROVISION OF FIRE SERVICES IN THE CITY
BETWEEN THE CITY AND THE FAIRHOPE VOLUNTEER FIRE DEPARTMENT,
PROVIDING THAT THE CITY WILL NOT COMPETE WITH THE FAIRHOPE
VOLUNTEER FIRE DEPARTMENT EXCEPT UNDER THE CONDITIONS
AS PRESCRIBED IN THE RESOLUTION, AND OTHER MATTERS RELATING
THERETO.
BE IT RESOLVED, by the City Council (herein called the
"Council") of Fairhope, Alabama (herein called the "City"),
as follows:
Section 1. The City and the Fairhope Volunteer Fire Depart-
ment ("FVFD") have heretofore agreed for FVFD to provide
fire protection services within the jurisdiction of the
City; and
WHEREAS, the City desires to enter into a new written
agreement (the "Contract"), wherein the FVFD will be required
to provide such fire protection services on behalf of
the City, also wherein the City will agree, among other
things, not to establish the same or similar fire service
in competition with FVFD unless it expressly assumes liability
for FVFD's Refunding Bonds, Series 1992, (the "Series
1992 Bonds"), issued by FVFD for the purpose of refinancing
the obligations of the Department relating to expanding
FVFD's ability to provide such fire protection service
on behalf of the City.
Section 2. The City hereby authorizes and approves the
execution and delivery of the Contract between the City
and FVFD. The Mayor is hereby authorized to execute the
Contract, and the Clerk is authorized to attest such signature
and to affix the seal of the City to such Contract.
ADOPTED THIS DAY OF 6lrlmit , 1992.
Ja s P. Nix," Ma�ot
Attest
City 6Jerk
It was moved by rs. Puckett that all rules and regulations
which, unless suspended, would prevent the immediate consideration
and adoption of the said resolution be suspended and that
unanimous consent to the immediate consideration and adoption
9 November 1992
1355
of the said resolution be given. The motion was duly seconded
by Mr. Ford and on roll call was unanimously adopted, those
answering aye being: Duck, Ford, Bishop, Nix, Puckett, and
Overstreet. Nay -none. The Mayor declared the motion unanimously
carried and adopted.
After the said resolution had been discussed and considered
in full by the members of the City Council, it was moved by
Mrs. Puckett that the said resolution be now placed upon its
final passage and adopted. The said motion was duly seconded
by Mr. Overstreet. The question being put as to the adoption
of said motion and the final passage of the said resolution,
the roll was called with the following results: AYE -Duck,
Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. The
Mayor declared the motion unanimously carried and the said
resolution passed and adopted as introduced and read, and
the Mayor signed the same in approval thereof.
delegation, (Dean Mosher, spokesman, Lawrence Thomas,
Bill Baldwin, and John Borom), spoke to the Council on the
subject of the "Centennial"--1994 is the 100th anniversary
of the founding of the City of Fairhope by the Single Tax
Colony. Mr. Mosher presented a study report and an artistic
rendering for a conference center, to be called "Centennial
Hall", which would be constructed on the Fairhope campus of
Faulkner Community College. The building would have a 200-
seat auditorium, a museum, and eight classrooms. Cost is
estimated to be $900,000.00. Proposed financing would be
$200,000.00 each from the City and the Fairhope Single Tax
Corporation, and $400,000.00-$500,000.00 from Faulkner. Mr.
Mosher said they were not asking for a commitment tonight,
just for input. He further said that, if the City agrees
to commit the proposed $200,000.00, no additional funding
will ever be requested from the City for the Centennial Hall.
Questions were asked concerning parking and how much actual
time would be available for the public to use the building.
The delegation was told the City would have to set some priorities
before giving a reply; but would try to have an answer by
the next regular session on 23 November.
Council reviewed a Restaurant Liquor License application
by Stan Gusoski, speaking for himself and partner Frederick
Brill, dba THE GONDOLA ITALIAN RESTAURANT, located at 805
South Mobile Street. This location formerly Papa's Place,
Two; and Crawdaddies'. No one present was opposed to the
licence. There was police approval of the applicant. Mr.
Gusoski advised there was no plan for using the Volleyball
Court. Councilman Ford moved to approve the issuance of the
license. Seconded by Councilman Duck, motion passed unanimously.
Councilman Bishop moved to approve the request for Off -
Street parking by the owners (Greeno Joint Venture) of the
office complex on corner of Greeno Road and Prospect Avenue.
(Parking off Prospect.) Seconded by Councilman Duck, motion
passed unanimously.
9 November 1992
I99W.1
Council reviewed some 18 bids on the purchase of a Garbage
Truck. After much discussion, Councilman Bishop moved that
all bids be rejected and new specifications be sent out on
this purchase. Seconded by Councilman Duck, motion passed
unanimously.
Councilman Overstreet moved to appoint May Moss Dyson Parker
for a three-year term on the Organic School Board. There
being no other nominations, Councilwoman Puckett seconded
the motion which passed by unanimous AYE vote.
Councilman Ford moved to pay bills as presented. Seconded
by Councilman Overstreet, motion passed unanimously.
Mayor Nix announced the first Annual Lighting of the Trees
Ceremony is scheduled for the evening of November 19th.
Meeting was duly adjourned at 6:28 p.m.
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amesIP. Nix, Mayor
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