HomeMy WebLinkAbout03-16-1995 Regular Meeting1648
STATE OF ALABAMA 0
COUNTY OF BALDWIN 0
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
Thursday. 16 March 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 February 1995 regular meeting
were duly approved.
A public hearing was held as advertised on the vacation
of an alley. A Declaration of Vacation was received, signed
by all the abutting property owners. The alley runs from
Satsuma Avenue between Laurel and Fig Streets to Kumquat
Avenue. No one present was opposed to the vacation. After
discussion, Councilman Bishop introduced in writing, and
moved for the adoption of, the following resolution. Seconded
by Councilman Duck, motion passed unanimously:
(Res. No. 969-95 is on the next page......)
16 MARCH 1995
1649
RESOLUTION NO �pQ gd
WHEREAS, a Declaration of Vacation signed by all of the
owners of all of the lands abutting the following described
alley, situated in the City of Fairhope, Baldwin County,
Alabama, vacating the said alley, has been duly pre-
sented to the Mayor and Council of the City of Fairhope on
the 16th of March, 1995, for the assent and approval of
said governing body, said Declaration with map attached
being hereto affixed, marked "Exhibit A" and made a part
hereof; and
WHEREAS, the alley above referred to is more particularly
described as follows:
All of that certain 20-foot alley running
northwesterly and southeasterly from
Satsuma Avenue between Laurel Street and
Fig Street to Kumquat Avenue as per plat
of record filed in Misc. Book 1, Page 296,
and as amended in Misc. Book 1, Page 331,
of the Baldwin County Probate Records.
WHEREAS, it appears to the Mayor and Council of the City of
Fairhope that the vacation of said alley is in order and
that convenient and reasonable means of egress and ingress
is afforded all other property owners; NOW, THEREFORE
BE IT RESOLVED by the Mayor and City Council that the
vacation of the hereinabove described alley is assented to
and approved and the same is hereby vacated pursuant to
the provisions of Section 23-4-20, Code of Alabama, 1975
as amended.
ADOPTED THIS /lO LA DAY OF
�. 1995.
At est Jam s P. Nix, Mayor
velyn . Phillips, City rk
16 March 1995
1650
Councilwoman Puckett moved to approve Change Order #1
for an increase of $1,605.07 on the Ammons & Blackmon
8" sewer force main contract, bringing the total up to
$16,440.07. Seconded by Councilman Overstreet, motion
passed unanimously.
Councilman Ford moved to approve the annual audit, for
fiscal year ended 30 September 1994, as prepared by CPA
firm Hartmann, Blackmon, and Kilgore. The Council commented
on what a fine job the auditors have been doing each year.
A letter to the Mayor and Council from the Alabama Depart-
ment of Environmental Management (ADEM) praising the audit
was mentioned. Motion was seconded by Councilman Duck and
passed unanimously.
Robert Van Iderstine sent in a written proposal for holding
a Gulf Coast Jazz Festival on the south end of the municipal
pier area on Saturday, April 29th, from 10:00 am to 5:00 pm.
Featured would be high school, college, and middle school bands
in competition. Councilman Duck moved to grant the request.
Seconded by Councilwoman Puckett, motion passed unanimously.
A representative from the SOUTHERN LIGHTS COFFEE HOUSE
AND BOOK STORE advised that Mr. Nicholas Pappas, the owner,
has decided to withdraw his application for a Club Liquor
License and would operate under the Restaurant Liquor License
he has for the present.
Mr. Danny Newman, and his attorney Mr. Beatty Pierson,
again appeared before the Council to request a business license
to operate an ambulance service within the city. Mr. Pierson
was asked if Newman's is involved in a lawsuit over their
being put on the "911" rotation list. The reply was yes.
Mr. Pierson explained Newman's just wanted to be available
if someone in Fairhope wanted to use their service; they
are not interested in emergency calls ; a "911" call would
be directed to the closest ambulance in any case. One of
the Councilmembers asked if that would be true if ambulance
services were on a rotary basis. Question was not answered.
Mr. Chester Billie stated LifeStar Ambulance Services have
been doing a good job for over twenty years. Mr. John
Montgomery, LifeStar representative, stated they are meeting
the needs of the community. Ms. Deniece Lomars, operator
of a strictly non -emergency ambulance service in Fairhope,
stated that any other ambulance service would seriously hurt
her small business. Councilman Overstreet moved to table
this application until the "911" lawsuit was settled. When
there was no second, some members saying they did not want
to tie in with the lawsuit, Councilman Overstreet withdrew
his motion. Councilman Duck then moved to table the application,
stating no second was needed for his motion under Roberts'
Rules of Order. Mayor Nix asked if everyone agreed to table
16 March 1995
1651
the application, to which all members answered "Aye". Mr.
Beatty asked for clarification ... just what does "table"
mean .... is the application 'tabled" forever? Mayor Nix
advised the application will remain on the table until a mem-
ber of the Council moves to bring it up again for consideration,
and a majority of the members present concur.
Councilman Overstreet moved to pay bills as presented.
Seconded by Councilwoman Puckett, motion passed unanimously.
There being no other business, meeting was duly
adjourned at 6:08 pm.
/ Jame P. Nix, Mayor