HomeMy WebLinkAbout08-28-1995 Regular Meeting1692
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, 28 August 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 14 August 1995 regular session
were duly approved.
Mr. Wes Strauley, representing the local Optimist Club,
presented the newly selected Queen of the Dogwood Trail Girls.
Miss Ellen Ezekial thanked the Council and the City for the
many ways the Girls have been assisted. She presented a large
portrait of the Dogwood Trail Girls to be placed in the Civic
Center.
A public hearing was held on the house located at 519
Grand Avenue, owner of record Cheryl Rabren, which the Building
Official Bob Lunsford has declared a Dangerous Building. Ms.
Rabren was present. As each witness came forward to give
testimony, they were sworn in by City Attorney Tut Wynne,
an officer of the Court. Ms. Andrea Swain, 517 Grand Avenue,
stated she very much needed relief from the unsightly, unsafe
and dangerous building next door. Ms. Swain has seen rats
and other vermin, heard vandals, and seen neighborhood child-
ren playing in the large sunken area behind the house that
looks like a filled -in swimming pool. Ms. Cheryl Rabren,
(owner of record), testified that she has been involved in
a court battle with her ex-husband (and the property is part
of problem), she has made a few improvements, and she is without
funds to repair or destroy the house. She asked for a 6-week
extension in which to take whatever action the Council rules
must be done. Councilman Ford spoke up and told the Council
he was going to abstain when the vote is taken because Ms.
Rabren came to him earlier for a property appraisal. Building
Official Bob Lunsford testified that he followed the instructions
set forth in §7-86 to §7-97, Fairhope Code of Ordinances,
(Ord. No. 860) when he was made aware of the problem by the
many complaints received. He stated Ms. Rabren has had some
60-70 days to take action since she was first served notice
of the unsafe and unsanitary condition of the house. Mr.
Lunsford stated the dilapidated and decayed condition of the
house, with roof cave-ins and missing sections of the floor,
28 August 1995 1693
made the house unfit for human habitation. He stated that
30-60 days should be ample time to have the house brought
up to Code, by a licensed contractor, or destroyed. Ms.
Rabren spoke again to the effect that she appreciated very
much the time she has been given, but said she has no money.
Councilman Duck moved to grant the lady 60 days in which to
repair or destroy the building, with the understanding that,
at the end of the time, the City will destroy the building
and place a lien against the property for repayment of all
costs incurred. Seconded by Councilman Bishop, motion carried
by the following vote: AYE -Duck, Bishop, Nix, Puckett, and
Overstreet. NAY -none. ABSTAIN -Ford.
Council considered a Club Liquor License application,
by James & Lisa Field, dba THE ROYAL OAK, 14 North Church
Street, as advertised. There was police approval of the appli-
cation. There was proof of publication. Mr. Field was
present and explained their request for the Club License is
due to their customers many requests for alcoholic beverages
on Sundays. A Mr. Hop Allen stated he was opposed to the
approval of the license because he is against Sunday sales
of liquor. Councilman Duck moved to approve the issuance
of the license. Seconded by Councilman Ford, motion passed
unanimously.
Councilman Bishop introduced in writing, and moved for
the adoption of, the following resolution. Seconded by Council-
man Duck, motion passed unanimously:
RESOLUTION NO. 493-95
WHEREAS, the Alabama Legislature has, by Act No. 95-395,
amended §11-52-77, Code of Alabama, 1975, as amended to
provide alternative methods of notice required in the
adoption of ordinances relating to zoning; and
WHEREAS, the City Council is desirous of utilizing the
most cost effective means of notice in complying with
state law; NOW THEREFORE
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Clerk of the City of Fairhope be,
and hereby is, directed to determine and to utilize the most
cost effective means, under either Subsection A or Subsection
B of said §11-52-77, in providing the required notice/s.
ADOPTED THIS 28TH DAY OF AUGUST, 1995.
Attest: Jam s P. Nix, Mayor
Evelyn P. Phillips, City C rk
28 August 1995
1694
Councilwoman Puckett introduced in writing, and moved
for the adoption of, the following resolution. Seconded by
Councilman Ford, motion passed unanimously:
RESOLUTION NO, 44
WHEREAS, THE ALABAMA LEGISLATURE HAS, BY ACT 95-784, AMENDED SUB-
SECTION (B)(2) AND (B)(3) OF §32-5A-194 AND SUBSECTION (A)(1) OF
§32-5A-191, CODE OF ALABAMA 1975, AS AMENDED, BY DECREASING THE
BLOOD ALCOHOL CONTENT FROM ,10 PERCENT TO .08 PERCENT FOR WHICH A
PERSON MAY BE PRESUMED TO BE UNDER THE INFLUENCE OF ALCOHOL IN
VIOLATION OF THE DUI LAW; AND
WHEREAS, SUBSECTION (C), (D), (E), AND (F) OF §32-5A-191, CODE,
IS ALSO AMENDED BY THIS ACT TO DOUBLE THE MINIMUM AND MAXIMUM
MANDATORY FINE AMOUNTS; AND
WHEREAS, SUBSECTION (I) OF §32-5A-191 AMENDS THE METHOD OF DISTRI-
BUTION OF THE FINES, INCLUDING AN AMOUNT TO BE SENT TO THE ALABAMA
CHEMICAL TESTING TRAINING AND EQUIPMENT TRUST FUND (ESTABLISHED BY
THIS ACT); NOW THEREFORE
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT THESE AMENDED PASSAGES ARE HEREBY ADOPTED FOR THE
MUNICIPAL COURT OF THE CITY OF FAIRHOPE, ALABAMA, AS PROVIDED IN
SECTION 20-1, FAIRHOPE CODE OF ORDINANCES.
ADOPTED THIS 28TH DAY OF AUGUST, 1995,
ATTEST
6 5,L., (? (��"
VELYN P4 PHILLIPS; CITY CLEk
IX, MAYOR
28 August 1995
1695
Council took the following action on bids:
Identification: "PVC CONDUIT" 4kee-TM- DLIPY.
Bids to be opened on:_AL9Uec 22. 1995
at:10,45 a.m.
(PVC Conduit to be used as stock)
VENDOR: MATHES OF ALABAMA, FAIRHOPE, AL (DELVY.• 3-5 DAYS)
Approximate amount used In one (1) year will be as follows:
SIZE CONDUIT:
APPROX CITY. IN FT.
PRICE PER FOOT:
4" CONDUIT
1,500
$1.07
3" CONDUIT
6.000
$0.79
2-1/2" CONDUIT
8,000
$0.63
2" CONDUIT
3,000
$0.39
1-1/2" CONDUIT
500
$0.30
1.1/4" CONDUIT
500
$0.26
1" CONDUIT
9,400
$0.19
3/4" CONDUIT
1.000
$0.13
>
TOTAL COST.
$14.751.00
VtNUUH: STUART C, IRBY CO., Pensacola, FL (DELVY: 1-5 DAYS)
Approximate amount used in one (1) year will be as follows:
SIZE CONDUIT:
APPROX CITY. IN FT.
PRICE PER FOOT:
4" CONDUIT
1 500
$1.25
3" CONDUIT
6,000
$0.608
2-1/2" CONDUIT
8,000
$0.632
2" CONDUIT
3 000
$0.444
1-1/2" CONDUIT
500
$0.329
1-1/4" CONDUIT
500
$0.25
1"CONDUIT
9400
$0.20
3/4" CONDUIT
1,000
$0.148
--->
TOTAL COST.
$15,428.50
MAYER ELECTRIC SUPPLY CO., Dothan, AL (DELVY.• 5 - DAYS)
Approximate amount used In one (1) year will be as follows:
SIZE CONDUIT:
APPROX CITY. IN FT.
PRICE PER FOOT:
4" CONDUIT
1,500
$1.20
3" CONDUIT
6,000
$0.88
2-1/2" CONDUIT
8,000
$0.69
2" CONDUIT
3000
$0.40
1-1/2" CONDUIT
500
$0.32
1-114" CONDUIT
500
$0.27
1" CONDUIT
9,400
$0.21
3/4" CONDUIT
1 000
$0.14
—>
TOTAL COST:
$16,209.00
VENDOR: MAGNOLIA ELECTRIC, INC., Falrhope, AL (DELVY.• I. Day)
Approximate amount used in one (1) year will be as follows:
SIZE CONDUIT:
APPROX CITY. IN FT,
PRICE PER FOOT:
4" CONDUIT
1,500
$1.0889
3" CONDUIT
6,000
$0,7989
2-1/2" CONDUIT
8.000
$0.6445
2" CONDUIT
3,000
$0.3973
1-1/2" CONDUIT
500
$0.3112
1-1/4" CONDUIT
500
$0.2612
1" CONDUIT
9,400
$0.1945
3/4" CONDUIT
1,000
$0,1323
---------->
TOTAL COST:
$15,021.45
The largest amount of PVC Conduit used by the City is 2-1/2 inch and 3 inch.
This would make MATHES OF ALABAMA, Daphne, Alabama (the low bidder.
They will keep PVC in stock for the City if they receive the bid. This will eliminate
the City having to warehouse PVC Conduit.
All specifications have been met by Mathes OfAlabama,
---W. Smith, Purchasing
Councilman Bishop moved to
accept the low bid by Mathes
of Alabama at $14,751.00, pro-
vided all specifications are
met. Seconded by Councilman
Ford, motion passed unanimously.
28 August 1995 1696
Councilman Ford presented the following request from the
Recreation Board: The Board requests the use of up to
$10,000.00 of the Recreation Improvement Fund to construct
a new Concession Stand and Press Box at the Volanta Ball Field.
The present stand is unsafe and by putting the Stand and the
Press Box (on top) together, available space will be better
utilized. The money will betsed to purchase materials. A
group of volunteers, led by Chief Jerry Anderson, will donate
the labor to construct the Stand/Box. Councilman Ford moved
to approve the request. Seconded by Councilwoman Puckett,
motion passed unanimously.
Mayor Nix announced that an informal meeting will be held
on Tuesday night, September 5th, 7:00 pm, in the Council Chamber
to discuss what recreation activities for young people will
be provided at the Recreation Activities -Center. All young
people, and other interested persons, are invited to attend
this informal meeting and to tell the City officials what
they would like to have available for them in the new Activities
Center.
Councilman Overstreet reported what he, and the members
of the Street Committee (Tim Kant and Bob Lunsford), recommend
in answer to two requests for changing street signs. The
first request was to change a stop sign in Colonial Acres
Sub -Division at intersection of Washington Drive and Washington
Drive West to a three-way stop sign. After inspection, the
committee recommends that a Stop Bar be installed at the existing
stop sign on the South side of Washington Drive West at Wash-
ington Drive and that there be installed on the north side
of Washington Drive a Stop Sign and a Stop Bar where Washing-
ton Drive makes a 90-degree curve. Also, provide reflectorized
painted centerline barrier around curve on Washington Drive
and provide reflectors at pine tree in the westerly projection
of the north lane of Washington Drive at the northwest corner
of the intersection. The second request was to remove a Yield
Sign at intersection of Dyer and Bishop Roads. After inspection,
the committee recommends that the existing Yield Sign be removed
and that the striping indicating right-of-way be repainted.
The striping and reflective paint on the island on South Rolling
Oaks Drive should be repainted. Councilman Overstreet then
moved that the above recommendations be approved and the work
done as soon as possible. Seconded by Councilman Bishop,
motion passed unanimously.
Councilwoman Puckett reported that Mayor Nix has been
awarded a $1,500.00 grant by the National Association of Towns
and Townships and Wal-Mart Stores, Inc., by being chosen an
outstanding community leader. Mayor Nix was one of 250 leaders
from across the nation competing for this grant. The Mayor
did not know that City Employees Jewel Baugh and Florence
Grimes had sent in an entry on him. As soon as the grant
is received, an announcement will be made on how it will
be spent.
28 August 1995 1697
Ms. Claudine McClintoc asked to make a report to the
Council on an Alabama Planning Institute seminar entitled
"Powers, Duties, and Responsibilities of Planning Commissions
and Boards of Adjustment." Also sponsored by Auburn Uni-
versity. Ms. McClintoc, and two members of the Fairhope
Information Group, attended the seminar particularly to
discuss the ideas Ms. McClintoc has been presenting to the
Council, Planning & Zoning Commission, and the Board of
Adjustment, which have not been adopted and put into prac-
tice by these Officials. According to Ms. McClintoc, all
her ideas were fully endorsed, all were declared perfectly
legal, and she and FIG should, if they feel "the City Officials
are not responding in the way you think correct, hold their
feet to the fire." Ms. McClintoc suggests that the members
of the P&Z Commission and Board of Adjustment be given a
copy of the Alabama Code, 1975, as amended, (she was advised
that a copy of the Code is in the Mayor's Office and at the
Public Library), be given a copy of "Alabama Planning Handbook"
and be urged to attend workshops and seminars with all expenses
paid by the City. Ms. McClintoc went on to ask if the Council
knew a new Director is to be appointed for the Civil Defense
for our area. She was advised that the Council was aware
of the appointment but the Civil Defense Operation is totally
handled by the County Government. Ms. McClintoc replied that
a fully -qualified, well -trained individual needs this appoint-
ment "not like the one we have". Ms. McClintoc's final points
had to do with the Hurricane Evacuation Routes, present and
in the future. She feels something must be done to help Fair-
hopers get away since Daphne seems to have no plans at all
and all their citizens are between Fairhope and access to
Interstates 10 and 65. She noted that the State assigned
four State Troopers to the Eastern Shore during Hurricane
Erin on August 3rd, and they all were sent to Gulf Shores.
Ms. McClintoc feels' -'Troopers should be assigned at entrances
to the Interstate Highways to be of any help to the Eastern
Shore.
Mr. Robert Mitchell asked to be heard. Mr. Mitchell
remarked that he seems to be hearing a lot of criticism of
the Officials of our City, their methods of operation and
so on, for the last few weeks. This criticism seems to be
coming from the same small group of 25-35 persons. He,
Mr. Mitchell said, would like to go on record in praise of
all the people who have a part in making Fairhope what it
is ..... "you MUST be doing a good job!" Mr. Mitchell stated
he is among the remaining 9,000 citizens who appreciate
the care and planning and good management of all the Officials
of our City for a good many years.
There being no other business, meeting was duly adjourned.
Evely P. Phillip Ja s P. Nix
City lerk Ma or