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HomeMy WebLinkAbout01-09-1995 Regular Meeting1623 STATE OF ALABAMA COUNTY OF BALDWIN 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, 9 January 1995. 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 Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 27 December 1994 regular session were duly approved. Mr. Audrey Fuller, District III Trustee for Baldwin County Electric Membership Corporation, presented a check for $7,404.40 for their 1995 privilege license. This represents 1.5% of sales by BCEMC in the police jurisdiction. The Chairman of the Eastern Shore Chamber of Commerce Arts & Crafts Committee, Ms. Ellen Sparks presented a request to close the following downtown streets during the Arts & Crafts Festival on March 17-19: Section Street from Oak Avenue south to Magnolia Avenue; Church Street from Magnolia Avenue south to DeLaMar Avenue; DeLaMar Avenue from Church Street east to Section Street; Johnson Avenue from Section Street east to Bancroft Street; and Magnolia Avenue from Bancroft Street west to Section Street. Councilman Overstreet moved to approve the request subject to police approval. Seconded by Councilman Ford, motion passed unanimously. Councilman Ford introduced the following Resolution in writing. After discussion, Councilman Bishop moved to adopt the Resolution. Seconded by Councilman Duck, motion passed unanimously. Resolution is to be published and posted: (See Resolution No. 472-95 on the next page...) 1624 FAIR HOUSING RESOLUYITI LET IT BE KNOWN TO ALL PERSONS of the City of Fairhope that discrimination in the sale, lease, advertisement or financing of housing, or in the provision of real estate brokerage services, because of race, color, religion, national origin, sex, handicap or familial status, is prohibited by Title VIII of the Civil Rights Act of 1968 (Federal Fair Housing Law) and the Fair Housing Amendments Act of 1988. Furthermore, it is the policy of the City of Fairhope to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, national origin, sex, handicap or familial status. Therefore, the City does hereby pass the following Resolution. BE IT RESOLVED that within the available resources of the City, all persons who feel that they have been discriminated against in any housing or real estate purchase, conveyance or transaction because of race, color, religion, national origin, sex, handicap or familial status, will be assisted to seek equity under federal and state laws by filing a complaint with the Atlanta Office of Regional Fair Housing and Equal Opportunity or the U.S. Department of Housing and Urban Development. BE IT ALSO RESOLVED that the City will accept and comply with all future amendments and/or changes in federal legislation dealing with Fair Housing. BE IT FURTHER RESOLVED that the City shall publicize this Resolution and through this publicity shall cause owners of real estate, builders, developers, and mortgage lenders to become aware of their respective responsibilities and rights under federal Fair Housing legislation, and all other applicable state or local laws or ordinances. SAID PROGRAM shall at a minimum include, but shall not be limited to: (1) the publicizing of this policy and other applicable fair housing information through local media, community organizations, and businesses engaged in the sale, lease, financing, or development of housing; and (2) the distribution of posters, flyers, and any other means which will bring to the attention of those affected the knowledge of their respective responsibilities and rights concerning equal opportunity in housing. 1 THE EFFECTIVE DATE of this Resolution is 1995. SIGNATURE: ATTEST: jMaJam s P. Nix Evelyn P. Ph' ips r City Clerk 9 January 1995 1625 Councilwoman Puckett introduced in writing, and moved for the adoption of, the following Resolution. Seconded by Councilman Bisnop, motion passed unanimously: (See Resolution No. 473-95 on the following pages...) 1626 RESOLUTION NO. Y 3 W ` WHEREAS, the Drug -Free Workplace Act of 1988 requires that entities participating in covered Federal programs be in compliance with the Act, and WHEREAS, the City of Fairhope deems it in the best interest of its employees and citizens of Fairhope that all City facilities be drug -free workplaces, and WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires that no employee or applicant for employment be discriminated against due to the fact that he or she is a recovering alcohol or drug abuser. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: Section 1. That the City of Fairhope become a drug -free workplace whereby a policy statement on drug - free workplace be adopted and become effective for all premises owned and/or operated by the City, as well as all areas where employees of the City may be assigned, said policy statement follows: The City of Fairhope is firmly committed to the health and safety of our employees. The City considers the influence of drugs in the workplace to be detrimental to our employees and to our continued growth and future success. To further these objectives, and to ensure compliance with the Drug -Free Workplace Act of 1988, the City of Fairhope announces the following policy: r 1. Rules A. The distribution, sale, purchase, use, possession, or reporting to work under the influence of intoxicants, non -prescribed narcotics, hallucinogenic drugs, marijuana or other non -prescribed controlled substances while on City property or during work hours is prohibited. B. The distribution, sale, purchase, use or possession of equipment, products and materials which are used, intended for use, or designed for use with non - prescribed controlled substances while on City property or during work hours is prohibited. C. Reporting to or being at work with a measurable quantity of intoxicants, non - prescribed narcotics, hallucinogenic drugs, marijuana or other non -prescribed controlled substances in blood or urine is prohibited. D. Employees who use alcoholic beverages on the job, or report or return to work under the influence of alcohol will be subject to immediate discharge. E. Reporting to or being at work with a measurable quantity of prescribed or over-the-counter narcotics or drugs in blood or urine or use of prescribed or over-the- counter narcotics or drugs where in the opinion of the City such use prevents the 1627 2 employee from performing the duties of his or her job or poses a risk to the safety of the employee, other persons or property is prohibited. Any employee taking a prescribed or over-the-counter narcotic or drug must advise his or her supervisor of its use. The employee may remain on his or her job or may be required to take a leave of absence or other appropriate action as determined by management. F. Adherence to the City's policy on drugs and alcohol is a condition of employment for all employees. All employees will be required to sign the attached acknowledgement form and to consent to this policy. G. All employees must notify the City of any criminal drug statute conviction for a violation arising out of conduct in the workplace within five days of such conviction. H. Managers and Supervisory employees are responsible for enforcing City policies. The possession, distribution or use of illegal drugs or unauthorized controlled substances whether on or off duty impairs their ability to enforce these policies and may result in disciplinary action up to and including termination. An employee may be requested to undergo a blood test, urinalysis, "breathanalyzer" test or other diagnostic test under any of the following circumstances: (A) After the occurrence of any work -related accident while on City property or during work hours. (B) When there is reason to believe in the opinion of the City that an employee has reported to work or is on City property with a measurable quantity of intoxicants, drugs or narcotics in blood or urine. (C) On a random basis. (D) As part of any periodic medical examination provided or required by the City. III. Testing Procedure All testing will be performed by an independent and highly reputable laboratory or health care provider that has been certified by the National Institute on Drug Abuse as qualified to perform drug testing under federal workplace testing programs. All positive test results will be subject to confirmation testing and post accident tests may be subject to verification by a qualified Medical Review Officer. Employees will be required to sign a consent form authorizing the required medical and laboratory tests. 1628 IV. Searches When there is reason to believe in the opinion of the City that an employee is under the influence of intoxicants, drugs or narcotics, or is in possession of any intoxicants, drugs, narcotics or equipment, products or materials which are used, intended for use or designed for use with non -prescribed controlled substances, the City may request that the employee submit to a search by City representatives of his/her person and/or property (including offices, lockers, desks, cabinets, closets and vehicles brought onto City premises). The City will conduct an education and training program to inform employees about the dangers of drug and alcohol abuse, the indicators of drug and alcohol abuse, the City's policy of maintaining a drug -free workplace, the availability of community drug counseling and rehabilitation resources, and the penalties that may be imposed for violation of the policy. Section 2. That a, summary of said policy statement be posted at each covered premises, said summary follows: THE CITY OF FAIRHOPE, ALABAMA STATEMENT FOR A DRUG -FREE WORKPLACE The City of Fairhope seeks to have a drug -free workplace. In accordance with the Drug -Free Workplace Act of 1988 and to promote drug -free awareness among employees, the City of Fairhope through posting of notices and discussions with employees, will inform employees that: 1. Drug abuse in the workplace creates a dangerous environment in the workplace for the employee engaged in the drug abuse and endangers the health, safety and welfare of all employees and other persons in the workplace. 2. It is the policy of the City of Fairhope to maintain a drug -free workplace. The illegal manufacture, distribution, possession or use of drugs, or acting under the influence of drugs, in this workplace is strictly prohibited. 3. Information will be available on a confidential basis from the Office of the City Clerk on public and private drug counseling, rehabilitation, and employee assistance programs, upon the request of any employee. 4. Penalties may be imposed upon employees for drug abuse violations, up to and including termination of employment. 1629 Supervisory personnel will receive additional training on the conduct, behavior and indicators of drug and alcohol abuse. An employee who refuses to submit immediately upon request to a search of his or her person or property or to a blood test, urinalysis, "breathanalyzer" test or other diagnostic test, or who otherwise is in violation of this policy is subject to disciplinary action up to and including immediate dismissal. An employee who refuses to submit to or cooperate with a blood or urine test after an accident forfeits his or her right to recover workers' compensation benefits under Alabama Code S 25-5-51. VII. ter retati The City property covered by this policy includes property of any nature owned, controlled or used by the City including parking lots, offices, desks, lockers and vehicles. Section 3. That each employee of the City of Fairhope, and all applicants for employment with the City will be required to sign and acknowledge that he or she has been informed of the Drug -Free Workplace Policy of the City of Fairhope. Section 4. That, under requirements of Section 504 of the Rehabilitation Act of 1973, no employee of or applicant for employment with the City of Fairhope will be discriminated against based on that person being a recovering alcohol or drug abuser. Section 5. That any legislated or regulatory changes that may occur in the future relative to requirements Of the Drug -Free Workplace Act of 1988, or Section 504 of the Rehabilitation Act of 1973, be incorporated in policies adopted through this actioonn. / PASSED, ADOPTED AND APPROVED this day of 1995. ^ 1 ame. P. Nix, Mayor 4P.PhiCity Clerk 9 January 1995 1630 _ Councilman Bishop introduced in writing Ordinance No. 964, an ordinance to annex some 20.13 acres of Fairhope Single Tax Corporation lands lying east of County Road 27 between Gayfer and Fairhope Avenues. In order to take immediate action, Councilman Duck moved to suspend the rules. Seconded by Councilwoman Puckett, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Overstreet then moved for final adoption of Ordinance NO. 964. Seconded by Council- woman Puckett, motion passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Ford moved to authorize bid requests to con- struct an addition to the Municipal Golf Course clubhouse, to complete cart paths, and to pave an additional parking area. Seconded by Councilman Duck, motion passed unanimously. Council took the following action on bids: FOR NO. 12 SOLID TRACKING WIRE, APPROXIMATELY 200,000 FT TO BE PURCHASED AS NEEDED BY GAS & WATER DEPARTMENTS Vendors Cost per Foot Delivery Mack Electric Dothan $ 0.043 5 days Stuart C. Irby Co Pensacola, FL $ 0.04955 10 days Magnolia Electric Fairhope $ 0.04655 2 days Mathes of Ala Fairhope $ o.o4485 1 day No response from Hughes Supply of Tallahassee, FL; Mobile Bay Electric of Fairhope; Hatfield & Company of Mobile. It is recommended to accept the low bid by Mack Electric at $0.043 per foot. --W. Smith, Purchasing Agt. Councilwoman Puckett moved to accept the low bid by Mack Electric, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. Board appointments: Councilman Bishop moved to reappoint Mr. Paul Ring for a three-year term as alternate on the Board of Adjustments and Appeals. There being no other nominations, Councilman Overstreet seconded the motion which passed unanimously. Councilman Duck moved to reappoint Mr. David Curtis for a two-year term on the Harbor Board. There being no other nominations, Councilman Ford seconded the motion whicb passed unanimously. Councilman Bishop introduced in writing, and moved for the adoption of, the following Resolution No. 474-95. Seconded by Councilman Duck, motion passed unanimously: 1631 Cs RESO mrON WHEREAS, WILLIAM S. ALB RT�and PATRICIA L. ALBERT have presented to the City Council of Fairhope, Alabama, their statement and petition seeking vacation of portions of certain drainage and utility easements; and, consent to the vacation thereof has been given by certain entities having certain rights concerning use thereof; and, WHEREAS, the City Council of Fairhope, to and approve the vacation thereof, and the annulme, Alabamadoes assent nt of the dedication thereof as reflected on the said recorded plat and/or restrictive covenants of Sibley Square Subdivision. Fairh"NeW, THEREFORE, BE IT RESOLVED by the City Council of vacating, andaannullingthat the following described the followithe aforesaid petitioner in said easements: portion of the The twenty (20) foot wide utility easements on the North and East sides of Lot 81 Sibley Square Subdivision Map Book 10, Page 107 Of the records of the Judge of Probate of Baldwin Countown at � y, Alabama). be and the the assent ofmthe sCity eCouncil by fofdFairhope, Alabama , approved, and otoisuch' and action is hereby given." "BE IT FURTHER RESOLVED, that the Mayor of Fairhope, Alabama is authorized to execute, on behalf of the City Council, this resolution, and that the City Clerk is authorized and directed to attest and certify the same." The above and Qregoing reso uw ton as read, adopted and approved on the ---47- day of City Council of Fairhope, Alabama ' 199,$ by the 9 January 1995 1632 Councilman Ford moved to hear the following business not on the Agenda. Seconded by Councilman Duck, motion passed unanimously: Councilwoman Puckett introduced in writing Ordinance No. 965, an ordinance amending Fairhope Code Section 7-125, having to do with waste and debris. In order to take immed- iate action, Councilman Duck moved to suspend the rules. Seconded by Councilman Ford, motion to suspend passed unan- imously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 965. Seconded by Councilman Bishop, motion passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett moved to pay bills as presented. Seconded by Councilman Duck, motion passed unanimously. Meeting was duly adjourned at 5:54 pm. s P. Nix, Mayor (? e� - E elyn . Phill ps, Cit V Clerk