DAPHNE, Ala. — Following a request from the Planning Commission during a meeting last month, Adrienne Jones, director of community development for the city, presented members of the city council with information regarding the current overlay districts and the sign allowances in those districts.

Members of the city council on Monday said they did not think the planning commission had the legal right to initiate discussions about a proposed overlay district.

Jones presented information about the Interstate 10 Overlay District, which included information helpful in studying the problem that businesses like Academy Sports and Outdoors is encountering with limited visibility along the I-10 corridor.

Jones provided the council with a list of existing sign provisions, a list of parcels within the corridor that are zoned for business, and what an additional district would look like.

Councilman August Palumbo said the planning commission was out of line.

“Let me say that for the planning commission to propose an overlay district to city council is highly unusual. It is not within the means of a planning commission to create an overlay district. The city council has the sole responsibility and authority to do so and it should be initiated with the city council,” Palumbo said. “There has been no discussion of such. Overlay districts are not created to increase signage. They are created for a business situation; that is why the state legislature passed an act which allows overlay districts. In the overlay districts we have done, we have modified some signage but that was ancillary for the reason of creating the overlay district. I think it is improper for the planning commission to even initiate this. It should come from the council.”

Councilman Ron Scott disagreed, citing the Code of Alabama, which he said gave the planning commission the powers.

“The Code of Alabama — which we apparently, as this council, don’t always pay attention to — gives the planning commission the powers to do planning, which includes overlay districts.”

Scott said there are two ways an overlay district can be brought about: administratively or per the request of an individual, but each way can be addressed by the planning commission.

“It is not only appropriate that they bring this to us, it is what their job is,” Scott said.

Palumbo said in his seven years on the council the planning commission had never come to the council to propose an overlay district.

“The overlay district was considered by the council, created by the council, sent to the planning commission for the particulars for it to come out; it has never gone the other way,” Palumbo said.

Scott, however, said all the overlay districts have gone through planning commission first.

“To have a council member to basically call down a volunteer board or committee that sits in the city and to chastise them for doing what their job is, I think, is out of line,” Scott said.

Palumbo blamed the planning commission for what he called a monstrosity.

“I have chastised the planning commission and will continue to do so. We are stuck with a 90-foot monstrosity for Dick’s Sporting Goods because of the planning commission …. I think they are going beyond. I think they are circumventing the city council,” Palumbo said. 

In other news, Monday, the council:

• Voted 7-0 to designate U.S. Highway 98 from the intersection with U.S. 31 in Spanish Fort to the Barnwell curve as “Via Bellator,” which means Warrior Way, in honor of all those who have served in the U.S. military. The designation has already been approved by the Alabama legislature. The ordinance stated the city wants to “encourage the Legislature of the State of Alabama to pay tribute to those who have served in the armed forces, and to say “Welcome Back” to those soldiers returning to the Eastern Shore.”
• Voted 5-2 to approve an exception to the hiring freeze to fill a vacant position for a corrections officer. The estimated annual cost for filling the position is $38,404-$40,921.
• Voted 2-5 not to approve an exception to the hiring freeze to hire a revenue technician. The revenue technician will be vacated in the near future. The revenue technician position would have an estimated salary of $38,404 to $40,921.
• Voted 6-1 to approve an exception to the hiring freeze to fill a vacant position for a patrol officer. The estimated annual cost for the position is $48,898 to $52,361.
• Voted 7-0 to approve the appropriation of funds to replace video systems in police cars. The purchase of video systems was not in the budget. The bid for the equipment was awarded to Gulf Coast Teleco for the price of $87,668. 
• Voted 7-0 to approve the removal of a dead tree on Captain O’Neal Drive. There are several dead trees in the city’s easement along Caption O’Neal Drive. The city reportedly lacks the equipment to remove the trees safely and the work will have to be done by an outside contractor for $2,500.
• Voted 7-0 to approve an MS4 sampling fee, which is a storm water monitoring requirement. The Alabama Department of Environmental Management required annual water sampling, which will cost the city $3,399.
• Voted 7-0 to approve the preparation of specifications for repairs to the roof of the Justice Center. The repairs were not included in the budget. The council approved an amendment to the budget to include a $6,000 appropriation from the general fund.
• Voted 7-0 to approve an HVAC maintenance agreement for City Hall. The maintenance of the HVAC maintenance agreement was not included in the budget. The agreement will include 24-7 coverage for three years. The yearly cost of the service will be $8,880.
• Voted 7-0 to approve the coating system for the Nicholson Center roof. The repairs will cost $2,100, which was not included in the budget. 
• Voted 7-0 to approve a $10,000 appropriation to the Baldwin County Economic Development Alliance, which was not included in the fiscal year budget.
• Voted 7-0 to amend the business license ordinance. The amendment was needed because the previous ordinance was too vague and violators of the ordinance could not be prosecuted because the cases were thrown out due to the vague language of the ordinance, city leaders said.
• Voted 7-0 to set a public hearing date to consider an ordinance amending the Land Use Ordinance. The hearing is set for July 5. Copies of the ordinance are available at daphneal.com and at City Hall and the Daphne Public Library.
• Voted 7-0 to ratify jail contracts with Silverhill and Spanish Fort. The Daphne Jail houses inmates from Silverhill and Spanish Fort for $50 per day.
• Heard a presentation from Kit Smith, member of the recreation board, requesting funds be spent to resurface the tennis courts at Lott Park and relocate the bocce courts to Bayfront Park instead of appropriating $3,000 to place shade pavilions in the dog park.